minutes of ordinary council - 29 october 2019 · 10/29/2019 · greg pinkerton director planning...

ORDINARY COUNCIL MINUTES - 29 OCTOBER 2019

Purpose:

We will provide leadership, good governance and engage with the community to grow the social, economic and environmental viability and sustainability of Indigo Shire.

HELD: Tuesday, 29 October 2019 at 6.30pm

LOCATION: Beechworth Council Chambers

ATTENDEES: NAME TITLE Cr Bernard Gaffney Mayor Cr Barb Murdoch Deputy Mayor Cr Larry Goldsworthy Councillor Cr Sophie Price Councillor Cr Diane Shepheard Councillor Cr James Trenery Councillor Trevor Ierino Chief Executive Officer Mark Florence Director Community & Economic Development Greg Pinkerton Director Planning & Corporate Services Ian Ellett Director Infrastructure Services Kathryn Baldock Secretariat APOLOGY: Cr Jenny O’Connor Councillor

Vision:

INDIGO: Heritage Shire - Bold Future.

These minutes of the Council Meeting held on the 29 October 2019 of Indigo Shire Council were confirmed at the Ordinary Council Meeting held on the 26 November 2019. _________________________________ Mayor Cr Jenny O’Connor

These Minutes are not a verbatim transcript of the discussions in the Council meeting; a recording of this meeting can be found on Council’s webpage.

Responses given by Councillors and Council Staff are the opinion of the individual responders, and accurate at the time of response, to the best of their knowledge.


TABLE OF CONTENTS

1. WELCOME ...........................................................................................................................4

2. ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF THE LAND .....................................4

3. APOLOGIES AND LEAVE OF ABSENCE ....................................................................................4

4. DECLARATION OF CONFLICT OF INTEREST .............................................................................4

5. OPEN FORUM ......................................................................................................................5

6. CONDOLENCES .....................................................................................................................7

7. CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S) .................................................7

8. BUSINESS ARISING FROM PREVIOUS MINUTES .....................................................................8

9. DEPUTATIONS AND PETITIONS .............................................................................................9

10. PLANNING & CORPORATE SERVICES ................................................................................... 10

10.1 Quarter 1 - Finance and Performance Report ...................................................................10

10.2 Local Law #3 - Meeting Procedures and Common Seal .....................................................25

10.3 Assembly of Councillors Records .......................................................................................36

10.4 Planning Permit Application PP19-0226 (Billson's Beverages Pty Ltd) ..............................39

10.5 PP18-0031 - Business Advertising Signage, Star Hotel Rutherglen, 105-109 Main Street Rutherglen - Davies. ................................................................................................57

10.6 Cue Springs Water Extraction Monthly Monitoring ..........................................................60

11. COMMUNITY & ECONOMIC DEVELOPMENT........................................................................ 62

11.1 Play Parks Review and Strategy 2019-2029 .......................................................................62

11.2 Early Years Strategy 2019-2024 .........................................................................................70

11.3 Draft Indigo Cultural Heritage Advisory Committee ..........................................................77

11.4 Draft Rutherglen Destination Management Structure Report ..........................................83

11.5 Baarmutha Park Committee of Management - Governance Model .................................87

12. INFRASTRUCTURE SERVICES ............................................................................................... 99

12.1 Influenza Pandemic Plan ....................................................................................................99

12.2 Heatwave Plan .................................................................................................................102

12.3 Climate Change Policy Action Plan ..................................................................................105

12.4 Tender Recommendation - Contract PM19/08-0017-03 Beechworth to Yackandandah Rail Trail ...................................................................................................111

12.5 Beechworth Goods Shed .................................................................................................116


13. EXECUTIVE MANAGEMENT............................................................................................... 123

13.1 Advisory Committee Minutes ..........................................................................................123

13.2 Annual Report 2018/19 ...................................................................................................126

13.3 Updated 2019-20 Advocacy Plan .....................................................................................129

13.4 Instruments of Delegation ...............................................................................................132

14. NOTICES OF MOTION ....................................................................................................... 138

15. COUNCILLORS REPORT ..................................................................................................... 139

15.1 Mayor's Diary - September 2019 .....................................................................................139

16. DECISIONS REGISTER ........................................................................................................ 140

16.1 Decisions Register ............................................................................................................140

17. GENERAL BUSINESS .......................................................................................................... 146

18. CONFIDENTIAL ................................................................................................................. 147

18.1 Proposed Lease - Former Beechworth Library, 1 Harper Avenue Beechworth P/N 9263 .................................................................................................................................147


1. WELCOME

Mayor Gaffney welcomed all to this meeting of Council and noted that this meeting will be live streamed and recorded, and the voices and images of those participating in the meeting, and in the gallery, may be captured as part of this recording.

2. ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF THE LAND

Mayor Gaffney acknowledged the original owners of the land on which the meeting was held and paid respects to their elders past and present and welcomed any descendants who may be there on behalf of all Councillors and those present. Mayor Gaffney noted that as Councillors they have all taken an oath to carry out our duties in the best interests of the people of Indigo Shire and to do this in a fair and impartial manner. They are all committed to exercising the Council’s powers and functions to the best of their skills and judgement.

3. APOLOGIES AND LEAVE OF ABSENCE

Cr Jenny O’Connor – apology. 4. DECLARATION OF CONFLICT OF INTEREST

Nil

4.1 PRESENTATION FROM BEECHWORTH TIDY TOWNS COMMITTEE RESOLUTION

That Council: 1. Suspend standing orders.

Moved: Cr Price Seconded: Cr Murdoch

CARRIED

Iris Mannik and Anne Wilson from Beechworth Tidy Towns Committee, joined by Cr Barbara Murdoch, presented Beechworth’s 2019 Tidy Town of the Year winning trophy and certificate to Council.

RESOLUTION

That Council: 1. Resume standing orders.

Moved: Cr Price Seconded: Cr Shepheard

CARRIED


5. OPEN FORUM

Below is a summary of the open forum question. For the full version, please refer to the live stream recording on Council’s website. https://www.indigoshire.vic.gov.au/About-yourCouncil/Watch-Council-meetings Harvey Anderssen I refer to today’s Border Mail article by Anthony Bunn (P. 3) “Stop Work Fuss About Tree”. Question 1 The owner of Mayday Hills started work to fell the tree on Sunday afternoon, after lunch. Who stopped that work? Was it on safety grounds? When was Heritage Victoria notified of the work. When did Council learn of the plans/process for tree felling that afternoon? Question 2 Is it true that Jenny Penna (ISC), John Hawker (HV) and George surveyed the trees at Mayday two years ago in 2017, and the owners were warned of the need for tree works on at least three trees. What plan has the owner submitted in respect to complying with that order. Question 3 The Border Mail alleges that Council planning staff were told in advance of George’s plans. It states that council staff advised HV of George’s plans? When was that? before or after the work started on Sunday afternoon. Greg Pinkerton, Director Planning & Corporate Services responded:

Council was not aware of any work prior to it happening and was surprised to see work occurring.

Council checked with Heritage Victoria to understand if they had authorised the work and they had not. Heritage Victoria then issued a Stop Work Order to allow for further assessment.

Council is aware of the existence of at least one study that has been done on the trees at the Mayday site, however the study itself does not authorise work to occur and there are no current applications for permits to carry out any works on trees at the Mayday site.

Ed Tyrie Question 1 At the August Monthly Meeting the Mayor responded to a Question on Notice regarding an update on progress of the Stanley Township issue, that he and the CEO would be meeting with State Government Planning Officials in the coming weeks and that the matter would be placed on the agenda for that meeting. The meeting was reported to have taken place in Council’s Weekly Update during September. Can the Mayor advise the outcome of that meeting and any progress that has taken place getting us closer to a positive resolution of this long standing matter? The Mayor responded:

https://www.indigoshire.vic.gov.au/About-yourCouncil/Watch-Council-meetings

https://www.indigoshire.vic.gov.au/About-yourCouncil/Watch-Council-meetings


The CEO and I met with the Victorian Planning Authority in Wodonga to try and break this impasse. They gave us some advice and arranged a further meeting with themselves and with DELWP, which we went to. You would be aware that the CFA had not given approval of the current zone area of the amendment. Since then the CFA have suggested a smaller town zone area and we believe they may reconsider that. Council needs to do a bushfire risk assessment of the smaller zone area. Geoff Palmer Question 1 Community Forum - Notes

Why was the matter of the format of Community Forum meetings, which was raised at the meeting in Beechworth and presented by Cr. Goldsworthy in summary at the conclusion of the table discussions, not included as a discussed topic in the Notes of that meeting and why was the result of the vote - taken by a show of hands - on attendees satisfaction with the meeting arrangements also not reported and recorded in the Notes? Question 2 Community Forum - Meeting Format Will Council, at each of the Community Forum meetings to be held over the next twelve months seek to determine by a show of hands by those in attendance, attendees preference for the current meeting format (a number of separate tables) versus a collective format for all attendees as was the case previously. Will Council ensure the results are included in the Notes of each meeting. CEO responded to Questions 1 and 2: Following Community Forums we take notes and summarise the themes and the issues that emerged and place those on the website the next day. This was missed due to an oversight on the staff’s part and we will address that tomorrow and we will upload this item to the website. In regards to show of hands, there wasn’t necessarily a vote on the night but rather a Councillor held a straw pole at the meeting. It was certainly not a vote or a vote count taken. In regards to the format of the meeting in the future, we do have a format we have been using for some time which has overall received quite strong support. Many like the table format because they are able to get all the issues out on the table in the short space we have. At every meeting it’s up to the Chair of that meeting to determine format. Before we embark on next year’s round of forums we will have a review of how it’s gone the last 12 months and whether any changes need to be made. We will look at the feedback we received and where there’s improvement opportunities. Question 3 Agenda Item 11.5 - Baarmutha Park Committee of Management Having invited feedback from the public on it's proposed governance model for the management of the Baarmutha Park facility, will Council consider applying Section 223 of the LGA to the community consultation process thus providing a person making a submission the opportunity to request they appear in person before Council to be heard in support of the submission.


Council Officer Ian Ellett left the meeting at 6.50pm, due to a conflict of interest with this item in question. The Mayor responded: It’s a bit difficult because Council hasn’t made a resolution in regards to that item. It’s on the agenda but Council hasn’t made a decision as yet. The CEO responded: Councillors take every submission seriously and in this particular process there was a long consultation process in interviewing lots of stakeholders. As you are aware Section 223 of the LGA does have very prescriptive requirements and is used for things like budgets and Council Plans and sale of land. It is a process that is quite lengthy and time consuming and requires a special meeting of council to hear submissions. The consultation processes we have in place are strong. We do as much consultation and provide opportunity for feedback as possible. You will see in Item 11.5 the officer’s recommendation on this one as having gone out to the community, received feedback and come back with the preferred model. If the model does go out again one more time for exhibition, to give everyone a further opportunity to make a submission, then I would propose that is sufficient in this case to make sure all the views are heard about this specific issue and every opportunity is provided for that feedback to Councillors. Council Officer Ian Ellett returned to the meeting at 6.57pm.

6. CONDOLENCES

Nil 7. CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S)

RESOLUTION

That Council: 1. Confirm the Minutes of the Ordinary Council Meeting held on 24 September 2019, as

published on Council's website; and 2. Confirm the minutes of the confidential session held on 24 September 2019 as distributed

separately.

Moved: Cr Price Seconded: Cr Murdoch

CARRIED


8. BUSINESS ARISING FROM PREVIOUS MINUTES

Question on Notice:

A question on notice was taken from Jonathan Riley at the 24 September Council Meeting during item 5, Open Forum. Greg Pinkerton, Director Planning & Corporate Services provided a response via email, please see response below.

From: Greg Pinkerton Sent: Thursday, 26 September 2019 5:11 PM To: jonathan.riley Subject: Questions on Notice - J Riley Good afternoon Mr Riley,

Thank you for your questions to this week’s Council meeting. Due to the questions being submitted after the cut-off time they were taken on notice and I have provided responses to each of your questions below.

Question 1 “Russell Kennedy Lawyers states in document attached that PC Freight services is located at 687 Chiltern Barnawartha rd. Is this his address or is it 94 Indigo Ck Rd? If so why can he operate from two sites? This impacts greatly on the Amenities of the township of Barnawartha using a non-approved B’double route and damaging infrastructure, how is this allowed to continue?”

A business is permitted to operate at multiple sites, with some large businesses in Australia operating from hundreds of different sites across the country. Each of the locations that a business operates from must comply with the relevant state and local planning laws for that site.

Question 2 “An officer from ISC has written to me to say the road into 94 Indigo Creek is for construction purposes only, why is this now an extremely dangerous location on our road networks?”

This relates to an email from Council that explained that some initial road works were performed to allow machinery access but that this situation was not the permanent solution. The email goes on to clarify that an 8 meter wide carriageway is still required to be built by the property owner. It is this work that was addressed as part of the Council resolution at Tuesday’s meeting to ensure that the entrance to the site is constructed to an appropriate level in the near future.

Question 3 “Councillors voted to allow this person to use farm zone land to be another depot for trucks, this was to remove the overdimantional vehicles from Barnawartha, this has now doubled the volume of these heavy vehicles traveling between the two sites. How can this business have two depots at either end of Barnawartha when this is not in the original VCAT conditions?”

When setting the conditions for a planning permit, VCAT would not normally make statements that limit a business from having operations at another location.

Regards,

GREG PINKERTON DIRECTOR PLANNING AND CORPORATE SERVICES


9. DEPUTATIONS AND PETITIONS

Nil reports


10. PLANNING & CORPORATE SERVICES

10.1 QUARTER 1 - FINANCE AND PERFORMANCE REPORT

File No: 2019/843 Sharon Phillips - Management Accountant Planning & Corporate Services

For Decision

RECOMMENDATION

That Council; 1. Accepts the Quarter 1 2019/20 Finance and Performance Report including progress reports

on; 1.1 Financial performance. 1.2 Capital works. 1.3 Annual Council Action Plan

2. Adopts the Quarter 1 budget variation as detailed in this report and attachment, including the following adjustments; 2.1 $10,803 of additional operating income. 2.2 $460,968 of additional operating expense 2.3 $486,534 of additional capital income. 2.4 $3,089,991 of additional capital works expenditure.

RESOLUTION

That Council; 1. Accepts the Quarter 1 2019/20 Finance and Performance Report including progress reports

on; 1.1 Financial performance. 1.2 Capital works. 1.3 Annual Council Action Plan

2. Adopts the Quarter 1 budget variation as detailed in this report and attachment, including the following adjustments; 2.1 $10,803 of additional operating income. 2.2 $460,968 of additional operating expense 2.3 $486,534 of additional capital income. 2.4 $3,089,991 of additional capital works expenditure.

Moved: Cr Goldsworthy Seconded: Cr Trenery

CARRIED PURPOSE OF REPORT

The purpose of this report is to present the 2019/20 quarter 1 (Q1) finance and performance report 1. The year to date (YTD) financial position for the first quarter of the 2019/20 financial year. 2. A reconciliation of the rates raised for the year against the Council budget and State

Government rate cap. 3. A Q1 commentary of capital works projects, including progress details for each of the

projects. 4. A recommendation for Q1 budget adjustments to recognise carry-forward projects and any

new income or expense that has become known since the budget was adopted.


5. A Q1 snapshot of the annual Council action plan Section 1: YTD Financial Position Council reports financial and capital works performance each month. Every quarter this report is expanded to add more financial detail and Council Plan actions. This report covers the first quarter of the 2019/20 financial year. The 2018/19 financial year results have now been completed and approved by the Victorian Auditor general (VAGO). This means it is timely for Council to consider any budget adjustments that have arisen since the budget was adopted. Primarily these budget adjustments relate to major projects that have spanned the financial year close process and now need to be recognised in the current financial year. This report explains the reasons for these carry-forward recommendations and proposes a budget adjustment to recognise this ongoing work. DISCUSSION

This is the first major report for the 2019/20 financial year which provides Council with a Balance sheet and its financial position as at 30 September 2019 including comparison to budget with regards to:-

Income Statement

Capital Works

Treasury (cash management) The reported position to date is an overall net surplus of $12.076 million compared to a budgeted surplus $11.896 million. This is $180k favourable to the year to date (YTD) budget. Explanations of this favourability shown from Notes 1 through to 19. Notes 1 through to 2 relate to the Income Statement (below) and detail variances of +/- $50k to the adopted YTD budget. Notes 3 to 19 (attached) show variances for individual services and explain variances of +/- $10k.


Income

NOTE NO.

Explanation - Income

1 Rates and Charges Rates and charges are favourable by $120k is due to supplementary valuations that have occurred since the adoption of the budget ($57k), and partly from additional waste management services ($63k). The favourable rates income is a permanent favourable variance and relates to additional properties or increased values of existing properties and does not affect Council’s compliance with the State Government’s annual rate cap. The waste income is a temporary favourability that will be offset by additional expense to service the new accounts.

Account Group NoteYTD

actuals

YTD

budget

YTD

Variance $

YTD

Variance %

2019/20

Annual

Budget

September

YTD

2018/19

Actual

Income

Contributions - Developer 0 0 0 0% 18,000 455

Contributions - Operating 40,525 41,214 (689) (2%) 151,607 44,296

Operating Grants 916,823 895,343 21,480 2% 3,519,525 1,039,831

Interest Income 22,466 19,176 3,290 17% 238,000 58,636

Other Revenue 465,321 426,036 39,285 9% 2,132,846 450,539

Rates & charges 1 16,954,377 16,834,218 120,159 1% 16,873,118 16,276,826

Reimbursements 32,452 17,867 14,585 82% 87,449 40,559

Statutory Fees & Fines 218,839 191,840 26,999 14% 1,042,839 180,495

User Charges 1,722,443 1,718,519 3,924 0% 3,306,388 1,999,147

Total Income 20,373,245 20,144,213 229,032 1% 27,369,772 20,090,784

Expense

Borrowing Costs 29,200 31,915 2,715 9% 116,089 36,328

Contract Payments 1,120,987 1,076,046 (44,941) (4%) 6,197,837 1,086,621

Depreciation 1,465,637 1,466,973 1,336 0% 5,947,525 1,570,012

Employee Costs 2 2,613,720 2,692,035 78,315 3% 11,625,595 2,499,272

Materials & Consumables 1,973,295 1,939,015 (34,280) (2%) 3,420,700 2,375,376

Other Expenses 950,453 906,406 (44,047) (5%) 3,229,652 1,056,400

Utilities 143,988 135,962 (8,026) (6%) 639,589 122,699

Total Expense 8,297,280 8,248,352 (48,929) (1%) 31,176,987 8,746,707

Surplus / (Deficit)* 12,075,965 11,895,861 180,104 2% (3,807,215) 11,344,077

(Red variance) is unfavourable

Black variance is favourable

September 2019 - income statement

Year to Date ( YTD )

* For both actual and budget a positive net result means a favourable contribution to Council, which is referred to as a Surplus and a negative net

result means a unfavourable contribution to Council, which is referred to as a Deficit.


Expenditure

NOTE NO. Explanation - Expenditure

2 Employee Costs YTD favourable variance of $78k relates to vacancies, partially offset by increase in contract payments to cover for vacant positions.


Current Assets

Cash 4,068,855

Current Debtors/Receivables 17,286,780

Inventories 290,083

Investments 6,007,080

Other Current Assets 4,604

Total Current Assets 27,657,402

Non Current Assets

Non Current Debtors/Receivables 13,225

Property Plant & Equipment 11,301,679

Land & Buildings 120,617,113

Roads, Bridges & Culverts 149,725,961

Works in Progress 4,266,151

Total Non Current Assets 285,924,130

Total Assets 313,581,532

Current Liabilities

Borrowings - Current (438,725)

Creditors (3,095,417)

Provisions - Current (2,707,608)

Trust Deposits (214,927)

Total Current Liabilities (6,456,677)

Non Current Liabilities

Borrowings - Non Current (1,861,440)

Provisions - Non Current (4,655,640)

Trust Deposits (61,221)

Total Non Current Liabilities (6,578,300)

Total Liabilities (13,034,978)

Net Assets 300,546,554

Equity

Accumulated Surplus (175,367,405)

Reserves (125,179,149)

Total Equity (300,546,554)

Balance Sheet - 30 September 2019


CASH Council’s Cash position at the end of September 2019 was $10.067 million. This is $2.7 million higher when compared to the same period last year. This is primarily due to the early payment of the Financial Assistance Grant for the 2019/20 financial year.

Bank Term Rate %

Due

Rollover Amount

WAW 120 2.45 17/10/2019 1,000,000

IMB Bank 183 2.45 2/10/2019 1,000,000

Defence Bank 122 2.00 26/01/2020 1,000,000

Rabobank Bank 152 1.75 25/11/2019 1,000,000

Bank Vic 91 1.60 25/11/2019 1,000,000

Bendigo Bank 183 2.20 5/12/2019 500,000

Bendigo Bank 92 1.90 2/10/2019 500,000

Total of All Investments 6,000,000

Indigo Shire Operating Account 0.40 4,066,841

WAW Credit Union S13 0.01 94

Total Operating Cash Position 4,066,935

Total Cash Position 10,066,935

Indigo Shire Council - Cash & Investment Report as at 30 September 2019


Section 2: Capital Works

The Q1 YTD Capital works expenditure for the 2019/20 Financial Year is $1.158 million, or 10.7% of the annual program. This is a higher spend than last year, and a similar percentage. A more detailed commentary on capital works is shown below.

The combined YTD project expenditure, at the end of September, across both the Capital Works and Non-ISC asset project areas totals $1,166,799. This total is comprised of $1,158,384 in capital projects and $8,415against Non-ISC assets.

Project Highlights in September

Sewer relocation and tree stump removal works on Main Street Chiltern were completed allowing the next stage of the Main Street Footpath Renewal and Connectivity project to commence later in the year.

Annual Budget YTD actuals%

Complete

Annual

BudgetYTD actuals

%

Complete

Capital works total 8,166,746 811,482 9.9% 10,813,725 1,158,384 10.7%

Capital works

expenditure

2018-19 2019-20


Ready Street Kerb and Channel works in Rutherglen was largely completed. Procurement for shoulder sealing contractor will commence in October for final works November/December.

September saw the completion of construction works on the Beechworth e-waste storage shed and the majority of the construction works at Rutherglen e-waste shed. Full operation of the two sheds is programmed for November.

Construction works started in Butson Park netball courts with demolition completed and court base prepared for concrete edging.

Beechworth to Yackandandah Rail Trail Section 1 works (Peach Drive to Kibell Lane) continue to progress well with trail sealing works programmed for late October. Section 3 (Factory and Fanning Lane – Wooragee) works commencing in October.

Progress continued across the remainder of the capital works program in September with a number of project elements out to tender for design and/or construction. Individual project planning and stakeholder consultation will be implemented and ongoing through the year. Multi-year projects continue to progress well.

2018/19 Capital Projects Proposed Carry Forwards

The capital works program includes multi-year projects incurring expenditure and income across

compound financial years. The below projects are in various stages of progress and require the

unexpended budget and income from 2018/19FY to be carried forward to the 2019/20 FY.

Project Name / Asset Description

Proposed Carry

forward Expenditure

Amounts

Proposed Carry forward

Income Amounts

Buildings

Tangambalanga Community Hall - Access improvement works

19,910

Compliance with Water supply Backflow devices

12,000

Beechworth Kinder and Childcare - Air conditioning upgrade

4,888

(4,888)

Museums & Historical Sites

Yackandandah Courthouse - Various Renewal works

16,872

Rutherglen Wine Experience

21,518

Beechworth Goods Shed

270,031

(156,769)

Municipal Offices

Chiltern Depot Tree Nursery Area

9,650

Rutherglen Transfer Station - e-Waste Storage

59,371

Beechworth Transfer Station - e-Waste Storage

60,930

Land

Tangambalanga Industrial Estate

30,000

Public Halls

Rutherglen Memorial Hall - Various renewal projects

12,755


Swimming Pool Facilities

Solar efficiency projects @ Chiltern and Tangam

75,590

Fleet

Fleet Replacement

(37,000)

Plant

Plant Replacement

285,530

(128,000)

Computers & Telecommunications

IT Strategy Implementation

127,701

Bridges

Bridge Renewal Works - Multiple sites

161,414

Sheridans Bridge Road Bridge Improvements

350,218

Escort Bridge Road Bridge Improvements

348,792

Footpaths & Cycleways

Footpath - Barnawartha - Stanley St footpath extensions

2,155

5,000

Chiltern Gateway, Martins Lane & Connectivity Works

(40,000)

Yackandandah Creek Recreational Trail

85,909

(34,364)

Main St Chiltern Footpath renewal or other connectivity priority

84,612

Chiltern Main Street Kerb and Channel Replacement

37,769

Wahgunyah to Moodemere Shared Trail

35,067

Street Lighting Improvements

(4,500)

Beechworth to Osbornes Flat Rail Trail

340,286

105,000

Drainage

Urban Drainage improvements - Rutherglen

43,671

Urban Drainage Improvements - Chiltern

27,343

Parks, Openspace & Streetscape

Parks and Gardens Renewals

18,869

Yackandandah Skate Park

6,366

Water Bubblers

3,156

Lake King Revitalisation (NON-ISC ASSET)

104,540

Recreation Reserves

Wooragee Tennis Club - Renewal and Upgrade

63,953

Lake Moodemere Rowing Facility (NON-ISC ASSET)

3,490

Butson Park Netball Courts (NON-ISC ASSET)

(23,896)

23,896

Kerb & Channel


Kerb & Channel Renewal - Ready Street Rutherglen

22,141

Kerb & Channel Renewal - Victoria Street Wahgunyah

11,067

Rural Roads

Osbornes Flat Road - Intersection Safety Improvements - Black Spot Funding

361,648

(618,750)

Sealed pavement rehabilitation (Indigo Creek Rd)

143,200

Bells Flat Road, Yackandandah

40,265

120,000

Chiltern Valley Road Intersection - Chiltern Rutherglen Road

65,600

Roads to recovery income

(549)

Urban Roads

Urban Seal Extension - Kiewa East Road, Kiewa

30,000

TOTAL

3,089,991

(486,534)

HIGHLIGHTED CELLS INDICATE NON-INDIGO SHIRE ASSETS

The updated Capital Works monitor for 2019/20, with YTD expenditure and project manager comments, is attached to this report.

Section 3: Quarter 1 Financial Adjustment

At the end of the first quarter each year Council is presented with recommendations for adjustment to the adopted budget. There are four main situations that may result in a recommendation to Council for a Q1 adjustment;

1. Major projects (capital works) that were not completed in the previous financial year. Expenditure is required to be carried forward into the new financial year to enable the works to be completed.

For the 2018/19 financial year Council planned for $9.167 million of capital works to be completed. The 2018/19 Annual Report shows that $6.490 million was delivered in 2018/19, leaving $2.677 million in projects yet to be completed. These projects are proposed to be carried forward into the current financial year.

2. Operating projects that were not completed in the previous financial year. Expenditure is proposed to be carried forward into the new financial year to enable the works to be completed.

In a similar vein to the capital works budget (above) it is informative to review Council’s operating budget for the previous financial year. When abnormal items (such as the early payment of the Financial Assistance Grant) is taken into account Council was underspent by $620,279 in the 2018/19 financial year. Projects that are identified to be carried forward into the current financial year generally include key strategies commenced but not completed and grant funded items yet to be fully acquitted. These are funded through underspends in 2018/19.

3. Income that was forecast in the previous financial year but not received. This income should be bought into the new financial year to match expected cash receipts and to match required spending.

4. New projects that were not included in the budget and are significant in nature – often arising from recent funding announcements, Council decisions, etc.


Details of the recommended Q1 operational budgets adjustments are contained in attachment four of this report. In total it is recommended to adjust the 2018/19 budget in the following ways;

$10,803 of additional operating income excluding non ISC owned assets.

$460,968 of additional operating expense excluding non ISC owned assets.

$486,534 of additional capital income including non ISC owned assets.

$3,089,991 of additional capital works including non ISC owned assets expenditure. This will allow Council to deliver on the commitments made in the previous financial year (but not yet completed) as well as those that have been recently announced. Section 4: Council Action Plan

The four-year Council Plan is reviewed each financial year and a one-year action plan created to ensure that Council is achieving the priorities identified.

In the first three months of the year;

58 actions (93%) are on track.

Three actions (5%) are behind schedule.

No actions are completed.

One action (2%) is on hold.

The four actions that are listed as being ‘Behind Schedule’ are;

Finalise the Stanley township rezoning.

Review current asset management plans.

Develop and implement a shire-wide street tree plan including public spaces

The attached spreadsheet provides details of the 2019/20 actions and the Q1 status of these actions.

STRATEGIC CONTEXT

COUNCIL PLAN 2017 – 2021

Theme 5. Indigo's Civic Leadership & Governance

Strategic Objective 5.1 Indigo Shire is financially sustainable


SOCIAL/COMMUNITY IMPLICATIONS

This quarterly report provides details of Council’s performance across a range of services, works and programs that support and enhance the wellbeing of residents and visitors to Indigo Shire. ENVIRONMENTAL IMPLICATIONS

In May 2017, Council adopted the following resolution.

That Council; 1. Divests its investments (when they become due) to financial institutions that do not

invest in the fossil fuel industry. 2. Divests future long-term borrowings when they fall due, to financial institutions that do

not invest in the fossil fuel industry. 3. Notes that Council will retain the current (non-divested) transactional banking provider

at this time, however Council will advise this bank the intention to move to a divested provider in the future if they continue to support the fossil fuel industry.

4. Writes to Council’s current banking providers to advise them of Council’s stance on fossil-free financial institutions

In accordance with this resolution;

All investments are held with financial institutions that have divested their interests away from fossil fuel companies.

Transactional banking has not been reassessed since the resolution and remains with a non-divested bank.

No new borrowings have been taken out since the resolution, however any new debt will be with divested financial institutions.

FINANCIAL IMPLICATIONS

If Council approves the recommended budge adjustments then these amounts will be included in the current financial year and be reported against in subsequent monthly finance reports. LEGISLATIVE IMPLICATIONS

The Local Government Act requires Council to report financial information quarterly. Indigo Shire Council report financials on a monthly basis, as well as a more comprehensive Performance Report at completion of each quarter. All financial reporting is compliant with the Australian Accounting Standards and audited annually by the Victorian Auditor General Office.

RISK & OPPORTUNITY MANAGEMENT

Nil. COMMUNITY ENGAGEMENT

CONSULTATION/COMMUNICATION UNDERTAKEN

Nil. CONSULTATION/COMMUNICATION PROPOSED

Nil.


CONCLUSION

Council is off to a strong start for the financial year. The financial position is positive at this stage and staff are continuing to implement Council’s capital works program. DECLARATION OF CONFLICT OF INTEREST

Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report: Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report

Greg Pinkerton – Director Planning & Corporate Services

Phil Garoni – Manager Finance & Risk

Ian Ellett – Director Infrastructure Services

Ewen Oldmeadow – Manager Capital Projects

Attachments

1. YTD September Service Plan Statement

2. Q1 Finance Exception Report

3. September - Capital Works Monitor 2019-20

4. Q1 Proposed Operational Budget Adjustments

5. Council Action Plan 2019-2020

OC_29102019_MIN_files/OC_29102019_MIN_Attachment_5965_1.PDF






10.2 LOCAL LAW #3 - MEETING PROCEDURES AND COMMON SEAL

File No: 2019/888 Greg Pinkerton - Director Planning & Corporate Services

Planning & Corporate Services

For Decision

RECOMMENDATION

That Council:

1. Endorses the attached draft Local Law 3 (Meeting Procedures and Common Seal) for the purpose of community consultation in accordance with Section 223 of the Local Government Act 1989;

2. Requests community feedback on; a. The proposed changes made to the draft local law. b. Suggestions for the Open Forum section of the ordinary Council meeting.

3. Authorises the Chief Executive Officer to give public notice of the preparation of the draft Local Law 3 including any information required to be made available in accordance with the Local Government Act (1989); and

4. Schedule any person wishing to be heard in support of their submission to the proposed Local Law 3, to be heard by Council at a special Council meeting on 17 December at 5:00pm.

RESOLUTION

That Council:

1. Endorses the attached draft Local Law 3 (Meeting Procedures and Common Seal) for the purpose of community consultation in accordance with Section 223 of the Local Government Act 1989;

2. Requests community feedback on; a. The proposed changes made to the draft local law. b. Suggestions for the Open Forum section of the ordinary Council meeting.

3. Authorises the Chief Executive Officer to give public notice of the preparation of the draft Local Law 3 including any information required to be made available in accordance with the Local Government Act (1989); and

4. Schedule any person wishing to be heard in support of their submission to the proposed Local Law 3, to be heard by Council at a special Council meeting on 10 December at 6:00pm.

Moved: Cr Shepheard Seconded: Cr Murdoch


The purpose of this report is to; 1. Present a draft Local Law 3 (Meeting Procedures and Common Seal) to Council for

endorsement, and; 2. Present options for consideration – particularly in relation to the Open Forum section of the

Council meeting, and; 3. Commence a public consultation process in accordance with Section 223 of the Local

Government Act 1989 to seek feedback on the draft law and options for the Open Form section.


BACKGROUND

Council’s Local Law 3 is the document that controls the running of formal meetings of Indigo Shire Council. Primarily the law relates to formal meetings of Council, however the rules also apply (with a few modifications) to meetings of special committees (S.86) and Council’s advisory committees. In addition the law also covers the use of the Council’s common seal that is used for formal authorisation of contracts and other documents. The current Local Law 3 was adopted in 2016 after a major revision from the previous version. The current law operates in a generally satisfactory manner, although a number of areas could be improved to make the operation of the law clearer and smoother. In addition the three years since the last revision has seen a number of changes in the way that Council operates and it is appropriate for this Council to review the law to ensure that it is updated where appropriate. For this reason Council included a review of Local Law 3 in the Council Plan actions for the current financial year. Over the past few months Staff have worked with Councillors to understand the intended direction of this review and to produce a draft that is suitable for commencing community consultation. This draft is presented for Council’s consideration with a recommendation that it be endorsed (as a draft) to commence the community consultation process. DISCUSSION

The attached draft contains a number of small changes to assist with flow, readability and clarity. To assist with identifying the numerous small improvements the attached “Comparison Version” of the law identifies wording changes that have been made from the current (2016) version. This comparison is an unusual inclusion for a Council report, however it is considered to be appropriate in this instance to ensure that all changes are clearly identified for Councillors and the community. As well as the many small improvements the draft law also contains a number of significant or notable changes. The list below covers the main changes that are considered to be of Councillor / community interest. This is an attempt to succinctly cover the main changes, however readers are advised that this is simply a selected summary of some of the changes that were considered to be notable and that the comparison version is a more detailed method of identifying the recommended changes. Key Changes

(9) Special meetings

Addition of 9(a)(iii) to clarify that the CEO is to call the first meeting of a new Council. This reflects s.84A of the Local Government Act (LGA). (12) Calling of the Statutory Meeting

Deleted the sections relating to the ability of the Mayor to call the statutory meeting. This power is not backed by the LGA and the statutory meeting should be treated the same as any other meeting (i.e. it should be set by Council wherever possible). It is suggested that this now be done annually at the same time that other Council meetings are set (i.e. the statutory meeting).


(13) Agenda for Statutory Meeting

Addition of; (viii) Any other administrative items relating to the operation of the Council for the following year.

This allows for administrative decisions (such as the meeting preliminaries, standing items, etc.) to be decided at the Statutory Meeting. (15) Temporary Chairperson

This section has been modified so that the CEO remains in the chair for the setting of the Mayoral term and the election of the Mayor. Once the Mayor is elected then that person will take over from the CEO and chair the remainder of the meeting. This has been done to remove the need to elect a Second Temporary Chairperson – a step that is not required by legislation and added process (and confusion) for no practical benefit. Many Councils use the CEO for this process. (17) Election of Mayor

Improvement to the wording to make this complex process easier to follow, particularly for the situation where a councillor may be absent, leading to the possibility of a 3/3 or a 2/2/2 split. No actual change to the process, just an improvement to the wording to make it clearer. Clarification that a Mayor cannot be elected beyond the end of the current term. This is intuitive but was not previously made clear. (21) Failure to elect a Mayor

New section that deals with the possibility that there may be no nominations for Mayor, or any other issue that results in the failure of Council to elect a Mayor. This clause simply compels Council to set another Special Meeting to complete this important task. 27(vi) Community and Council achievements

This section has been added to the ordinary Council meeting agenda to provide space to highlight any notable community or Council achievements. Additional details are found in the (new) section 34. (30) Welcome and preliminaries

Addition of wording to permit the Chair to include recognition of notable achievement or milestones of community members and/or community groups. This reflects the past practice of acknowledging awards, sporting achievements, etc. This section limits the type of item that would be raised and requires a two hour notice period to all Councillors.


(32) Open Forum

Improvements to ensure an orderly and productive question time by adding the following reasons that a question may be disallowed;

Relates to the personal circumstances of a Councillor or staff member, or;

Is not in the interest of the community, or;

Is a statement, or otherwise considered by the Chairperson as being not a genuine question; This is aimed at guiding the Open Forum section of the Council meeting and maintaining a strategic focus. Addition of the statement that “Open Forum allows for questions of public interest to be asked of Council”. This assists in clarifying the intent of the Open Forum section. Another change is the requirement for the questions to be submitted by midday on the day of the Council meeting. This is an administrative improvement that will allow for a more accurate and comprehensive answer to be given at the meeting with less questions being taken on notice. A small change to allow for a person who cannot make the meeting to nominate a representative who can ask their question for them. Note: additional discussion regarding Open Forum options can be found in the “Options” section of this report. (34) Community and Council achievements

This section has been added to the ordinary Council meeting agenda to provide space to highlight any notable community or Council achievements. This section provides some basic rules and guidelines for this new part of the Council meeting. (36) Petitions

Significant revision of this section to improve clarity and better align to the standards of State (Standing Order 10.02) and Federal governments. Wording has been improved to ensure that petitioners are aware of the requirements of Council, including the cut-off date for inclusion into the next Council meeting. Once a compliant petition is received this section requires that it be reported to the next available Council meeting. The new section provides a structure for Council to deal with the petition. (38) Notices of Motion

New section added to clarify the current practice of allowing a Councillor to move a motion that is different in some way to the published motion, but not so different that it changes the fundamental intent of the motion. This has been done in the past to correct small drafting errors or to refine a NoM following feedback. (40) General business

Addition of a requirement that General Business items must relate to the powers and functions of Council. This was a request from the first LL#3 workshop with Councillors.


Additional wording included to explain that the CEO may simply take request for action on face value without the need for a formal Council resolution, however a further section added to force a vote if any Councillor or the CEO requests this to be done. This was a request from the first LL#3 workshop with Councillors. (42) Late business

This section has been renamed from “Urgent Business” and some wording changed to allow for a broader range of business. This came about from a circumstance where it was highly advantageous that a contract be awarded in a timely manner. This particular contract did not meet the (previous) “Urgent” definition, but was of high importance. The change to this section allows for a slightly increased scope to all ow for this situation. (51) Recording of meetings

With the use of recording and live streaming this section has been expanded to ensure clarity for Council recordings. In addition, a section has been added to prevent non-Council recording or transmittal of voice or image from a Council meeting. (52) Notices of motion

Change from a requirement that rescission notices of motion be “signed” by two Councillors to being “endorsed” by two Councillors. This recognises the fact that motions are usually received via email and therefore cannot be “signed”. The change allows for an email endorsement by two Councillors. Addition of a new reason for a notice of motion (NoM) to be rejected if the Local Law requirements for a rescission NoM are not met. This is simply a link to the later section of the Local Law to ensure that rescission NoM’s are not progressed to Council if they do not comply with the Local Law. Addition of a new reason for a notice of motion to be rejected where the NoM contains confidential information. This is required to ensure that confidentiality is maintained where appropriate. Slight change in the wording of part (c) to first state what constitutes an invalid NoM, followed by the CEO duties in (d). This has been done to allow Council an opportunity to reject an invalid NoM (previously only the CEO had this stated authority). (53) Motions and debate

Addition of a requirement that motions must not contain confidential information (mirroring the requirement in 53). Addition of a requirement that motions must comply with the Local Law. Addition of a requirement that motions must clearly articulate a particular action of Council.


Improved wording in relation to foreshadowing a motion to clarify that the Councillor foreshadowing the motion must not use the opportunity to engage in debate or discussion. (54) Motion or amendment from the Chairperson

This new section has been created to split out the rules relating to the Chairperson moving or seconding a motion. Previously this has been part of the previous section (Moving and seconding a motion). This change was made to increase the visibility of this section and make it easier to identify and find in the local law. In addition, new wording has been added to prevent the Chairperson from entering into the debate. This is a new part of the local law that reflects a long-standing practice at Indigo Shire Council. (57) Debating an opposed motion or amendment

Small wording change to clarify that a seconder who chooses to reserve their right may request to speak to the motion up to the point of summing up (by the mover). No change in practice, just clearer wording. (60) Amending a motion

Slight wording changes to add clarity. Reduction of the number of successive amendments that can be moved by any one Councillor from two to one. (61) Voting on a motion

Change to the recording of the vote to show the names of Councillors for/against/abstaining. This is due to the current Council’s desire to record Councillor names against resolutions. (63) Division

Deleted to reflect the current Council’s desire to record Councillor names against resolutions. (62) Abstaining from a vote or division

Deleted the following words “All reasons [for abstaining from the vote] will be recorded in the minutes of the meeting”. This is for a couple of reasons;

1. It is possible that the reason for abstaining will not be a short statement and it may be impractical to record this in the minutes.

2. This section could be used in a way that was not intended to have a Councillor statement included in the minutes.

Addition of wording to make it clear that a Councillor abstaining from the vote must do so deliberately. This removes the possibility that a Councillor may simply chose not to indicate a vote.


(63) Rescission of a previous resolution

Change of (a) from “may” to “must”; (a) A proposed motion to rescind a previous resolution of Council may must be The current wording leaves the door open for an unannounced rescission motion – which was not the intent of this section. Change of the wording in (b) to require the endorsement (in writing) by two Councillors rather than having the NoM signed. This reflects the change to electronic communications and allows for an email endorsement. Addition of “significant alteration” to this section to prevent an amendment to the fundamental workings of a previous resolution without following the rescission process. (64) Procedural motions

Addition to part (j) – Debate closure to ensure that this procedural motion is used only to progress a debate that has become bogged down in process and not used in a way that stifles valid debate and democratic process. (65) Points of order

Clarification of the process to elect a Temporary Chairperson in the event that a Councillor moves a motion that “The Chairperson’s ruling [on a point of order] be dissented from”. Previously this section did not state how a Temporary Chairperson would be elected. The update clarifies that the CEO will run the process in a way that is similar to the Statutory Meeting process. Also a small change to the wording of the recommended dissent resolution to help clarify what the meeting is seeking. (66) Suspension of standing orders

Addition of some wording (at 67(c)) to clarify that the use of a “suspension of Standing Orders” process is limited in its scope and power. For example, it is not appropriate for a suspension of standing orders motion to be used to prevent a vote being taken on an item of business. This is not a change of the intent or previous use of this section, but a clarification to avoid any confusion that may occur in the future. (68) Interpretation of Local Law

Addition of a new part in this section that allows for committee members to phone or video into a meeting. This reflects current practice for Council committees. Options

There are many different sections of the local law that each have multiple options. The attached draft is similar to other Councils in Victoria and the majority of the sections are very much aligned to other Councils.


The main options that are relevant to the commencement of community consultation are the options available for the Open Forum section of the monthly Council meeting. Historically it is this section that gains the most feedback from the community and therefore it is appropriate to provide a brief discussion of the options available for this part of the meeting. When considering the way in which the open forum section is performed there are many variables that can be adjusted;

Whether a Council meeting should have a public interaction section at all. Indigo Shire Council has many opportunities for community interaction, including monthly community forums with members of the community. What then is the purpose of an additional open forum in a formal Council meeting? One option available to Council is to focus community interaction to community forums (and other more appropriate channels) and remove the open forum section of the Council meeting. This would allow for a more interactive and collaborative exchange of ideas and viewpoints rather than trying to do it in the formal and restricted confines of a Council meeting.

o The current and draft local law contain an Open Forum section in the formal meetings: No change proposed.

The positioning of open forum in a Council meeting. At the moment the open forum is at the start of the meeting. This has some advantages, such as the ability for community members to ask questions on items of business on the agenda, however these questions (about agenda items in front of Council that night) are rarely able to be answered prior to Council’s consideration of that item. Alternatively, many Councils hold an open forum session at the end of the meeting. This allows for questions to be asked about the meeting and decisions that have been made on the night.

o The current and draft local law contain an Open Forum section at the start of the meeting: No change proposed.

Formal submitted questions or informal questions. Currently the ISC law requires questions to be submitted prior to the meeting. This allows time for consideration of the question by Councillors or staff and reduces the number of questions taken on notice. This has been implemented in an attempt to provide a ‘question and answer’ session rather than a ‘question’ session with answers being sent at a later date. An alternative is to allow for questions to be simply asked without any formal notification.

o The current and draft local law contain a requirement for questions to be declared prior to the meeting and be submitted in writing: No change proposed.

Notice period for questions. Where questions are required to be submitted prior to the meeting there is a large variation in the timing of this submission. Some Councils allow for questions to be submitted immediately prior to it being asked and some Councils require several days (up to a week) of notice. The balance to be struck in this regard is the ability of community members to respond to current events and ask questions about items that may have arisen on the day of the meeting vs. the quality of the response. For example, it would be expected that a question notified several days prior to the meeting deserves a more comprehensive response than one that has little or no notice.

The current local law requires questions to be submitted at least 30 minutes prior to the commencement of the meeting, with many of the experienced submitters providing their questions in advance of this cut-off time. The draft local law proposes that this now be moved to midday on the day of the meeting to improve the quality of the answers and reduce the number of questions that are taken on notice.


Most Councils that have a community section of their formal meeting do so to allow for questions form community members. In comparison, some Council’s allow questions or statements to be made, essentially an open microphone for a set period of time. Currently ISC has a strict question philosophy in the local law, however some latitude is occasionally given by the Mayor for additional statements.

o The current and draft local law contain an Open Forum section based on a question and answer format: No change proposed.

All Councils that allow for an open forum in their formal meeting place restrictions on the time each individual speaker is permitted to speak for and/or the number of questions that can be asked and/or the total time for the open forum section of the meeting.

o Currently ISC has no overall restriction on this section of the agenda however each speaker is limited to a maximum of three questions: No change proposed.

The sections shown on the attached draft Local Law 3 have been distilled from these options. There is little change proposed in this draft document, except for an increase in the lead time for questions to reduce the number of questions taken on notice and provide a better quality of question and answer interaction with community members. As part of the consultation period Council will input into the operation of the Open Forum section of the council meeting. STRATEGIC CONTEXT



Strategic Objective 5.2 Council provide good governance and its business is open and transparent

Strategic Action 5.2.1 Review Local Law 3 including relevant recommendations from the Victorian Ombudsman's Report on transparency


The smooth and efficient operation of Council meetings is an important part of local governance and the local law needs to reflect the desires of Council and the community. ENVIRONMENTAL IMPLICATIONS

Not applicable. FINANCIAL IMPLICATIONS

Not applicable. LEGISLATIVE IMPLICATIONS

Updating of a local law is governed by the Local Government Act and must follow a set process. To become enforceable, the local law must be exhibited for public comment in accordance with Section 223 of the Local Government Act. This is a formal process and includes a Community Impact Statement (attached) that assesses the proposed Local Law against other legislation, the Charter of Human Rights and other relevant matters. The attached Community Impact Statement is provided for information and is based on standard format and wording for a Meeting procedure local law. This document will be provided alongside the Draft Local Law.


Following the s.223 process, Council will hear any submitters who wish to present their views to Council at a Special Council Meeting (date to be set). Following this, the final Local Law, with any recommended adjustments arising from the consultation process, will be presented to Council for final consideration.


Description Likelihood Consequence Final Risk Rating Controls, treatments

Risk of procedural gaps leading to poor meeting process.

Possible Minor Low This draft is based on the current version with enhancements that will improve governance.

COMMUNITY ENGAGEMENT


No community consultation has taken place to this point of the local law review. CONSULTATION/COMMUNICATION PROPOSED

Level of public participation

Promise to the public/stakeholders Examples of techniques used/to use

Consult We will work with you to ensure that your concerns and aspirations are directly reflected in the alternatives developed and provide feedback on how input influenced that decision.

Facebook, Weekly Update.

The expected timeline for community consultation and Council approval process is as follows;

29 October: Council Meeting to endorse as a draft for the purposes of community consultation.

9 November: Beginning of community consultation period.

7 December: End of consultation period.

17 December: Council to hear any submitters wishing to be heard in support of their submission.

25 February: Recommendation to Council for the adoption of Local Law #3. Gazettal would follow this and the law will come into place at some stage after 25 February. The timeline shown above is an expectation that assumes a medium to high level of engagement. Timelines may be revised if significant changes are made to the draft document and Councillors will be advised of any change to this plan.

CONCLUSION

Local Law 3 is an important governance document that is critical to the smooth running of Council’s meetings. The current (2016) version is working adequately, however the proposed changes are recommended to better align the document with current Council philosophies and to make the law more readable and user friendly.


DECLARATION OF CONFLICT OF INTEREST

Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:

Greg Pinkerton: Director, Planning and Corporate Services

Attachments

1. Draft Local Law No.3

2. Current (2016) Local Law No.3

3. Comparison between current local law (2016) and draft (2019)

4. Community Impact Statement






10.3 ASSEMBLY OF COUNCILLORS RECORDS

File No: 2019/856 Greg Pinkerton - Director Planning & Corporate Services


For Decision

RECOMMENDATION

That Council accepts the attached Assembly of Councillors records.

RESOLUTION

That Council accepts the attached Assembly of Councillors records. Moved: Cr Goldsworthy Seconded: Cr Trenery

CARRIED

PURPOSE OF REPORT

The purpose of this report is to present Assembly of Councillors records to Council for acceptance. BACKGROUND

The Local Government Act 1989 (‘Act’) defines an assembly of councillors as a meeting of an advisory committee of Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half the Councillors and one member of Council staff which considers matters that are intended or likely to be:

a) The subject of a decision of the Council; or b) Subject to the exercise of a function, duty or power of the Council that has been delegated to

a person or a committee. An assembly of councillors does not include a meeting of the Council, a special committee of the Council, an audit committee established under section 139, a club, association, peak body, political party or other organisation. DISCUSSION

As required by the Act, the attached Assembly of Councillors records are presented to Council for acceptance (summarised in the table below):-

MEETING DATE

Indigo Community Access Committee 9 September 2019

Council Briefing 10 September 2019


Indigo Economic Development and Tourism Advisory Committee 18 September 2019


Council Briefing 1 October 2019

Indigo Economic Development and Tourism Advisory Committee 1 October 2019

Council Briefing 1 October 2019


NOTE: The timing of the agenda distribution will sometimes make it difficult to provide a complete month. Please note that any items not included will carry forward to the following month. COUNCIL PLAN/STRATEGY/POLICY



An Assembly of Councillors record is a mechanism for Councillors and officers to openly declare and report any conflicts that may have arisen during a defined assembly of councillors. This demonstrates to Council and the community that the decision-making occurring in these meetings is conducted with transparency and good governance. FINANCIAL IMPLICATIONS

There are no financial implications with this report. LEGISLATIVE IMPLICATIONS

Section 80A (2) of the Act requires that a written record of an Assembly of Councillors to be reported as soon as practicable to an Ordinary Council meeting and incorporated in the minutes. This reports details the Assembly of Councillors that have occurred since the last Council meeting, and is prepared in accordance with the requirements of section 80A. RISK & OPPORTUNITY MANAGEMENT


That a defined assembly of councillors is not reported to Council.

Likely Insignificant Medium Regular reminders to officers about the requirement to report assemblies. Follow up of missing assemblies for known meetings.

CONCLUSION

The Assembly of Councillor records attached to this report are a true and accurate record of all assemblies reported since the last report to Council. DECLARATION OF CONFLICT OF INTEREST

Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report.

Greg Pinkerton – Director of Planning and Corporate Services

Annabel Harding - Governance Officer


Attachments 1. Assembly of Councillors - Indigo Community Access Committee - 9 September 2019

2. Assembly of Councillors Record - Indigo Economic Development and Tourism Advisory Committee - 18 September 2019

3. Assembly of Councillors Record - Indigo Economic Development and Tourism Advisory Committee - 1 October 2019

4. Assembly of Councillors Record - Council Briefing - 10 September 2019 5. Assembly of Councillors Record - Council Briefing - 17 September 2019 6. Assembly of Councillors Record - Council Briefing - 24 September 2019

7. Assembly of Councillors Record - Council Briefing - 1 October 2019


10.4 PLANNING PERMIT APPLICATION PP19-0226 (BILLSON'S BEVERAGES PTY LTD)

File No: 2019/905 Travis Basham - Team Leader Planning Planning & Corporate Services

For Decision

RECOMMENDATION

That Council; 1. Approves application PP19-0226 (Bilson’s Beverages Pty Ltd) subject to the conditions

included at Attachment 3, and; 2. Issues a notice of decision to grant a permit.

RESOLUTION

That Council; 1. Approves application PP19-0226 (Bilson’s Beverages Pty Ltd) subject to the conditions

included at Attachment 3. 2. Issues a notice of decision to grant a permit. 3. Amends the following conditions:

Prior to the consumption of liquor onsite commencing, an amended red line plan must be submitted for approval and endorsement that limits the sale and consumption of liquor to within the walls of the ground floor and basement levels of the historic brewery building.

4. Change condition xii on page 404 to read ‘Provide for bus parking onsite or an approved location outside of residential zoned areas.’

5. Add to condition 11 landscape and fencing plans to be submitted. The plans must also detail and make provision for: (i) an effective visual landscape screen to be planted using advanced plantings along

the boundary with 31 Last Street, and; (ii) the planting of appropriate shade trees using advanced plantings along the

northwest edge of the carpark, all to the satisfaction of the Responsible Authority.

Moved: Cr Price Seconded: Cr Shepheard

CARRIED

PURPOSE OF REPORT

Council has received an application for the land at 29 Last Street, Beechworth (Bilson’s Brewery). This

is the third application/per

HISTORY AND CURRENT APPLICATION

In summary, the relevant details of this site are as follows:

1. The site has an existing planning permit (PP18-0158) for:

The use and development of the land for the purposes of an industry (brewery and

distillery) and food and drink premises (whisky lounge, retail sales and café), the sale

and consumption of liquor and a reduction in the number of car parking spaces


required to be provided on the land before the use commences, the demolition,

alteration and construction of buildings and signage.

Council considered this permit application at its 25th September 2018 Ordinary Meeting and

resolved to approve the application subject to conditions.

An appeal against Council’s conditions was lodged at VCAT which was subsequently settled

with the consent of the parties allowing Planning Permit PP18-0158 to issue on the 9th

November 2018.

2. An application to amend the above permit (PP18-0158) was received earlier this year as

follows:

a. Extend the hours of operation of the business;

b. Allow for the holding of 26 one-off events (with extended trading hours) within a 12

month calendar period;

c. Extend the ‘red-line’ area for the on-site consumption of liquor to an outdoor

smoker’s area between the breezeway of the main Brewery Building and Production

Building; and

d. Defer completion of the on-street car park sealing and line-marking in Last Street

until October/November 2019.

This application was issued a Notice of Refusal to Grant a Permit by Council on the 31st July

2019 and the applicant has exercised their right to lodge an application for review of

Council’s decision at the Victorian Civil and Administrative Tribunal (VCAT), which is due to

be heard in February 2020.

CURRENT APPLICATION

A new application (PP19-0226) has been received and is the subject of this report. This application is

similar to the currently approved permit PP18-0158 with the exception of those actions that have

already occurred and no longer require planning permission (such as demolition). The new

application is worded as follows:

The use and development of the land for the purposes of an industry (brewery and distillery)

and food and drink premises (whisky lounge, retail sales and café), the sale and consumption

of liquor and a reduction in the number of car parking spaces required to be provided on the

land before the use commences and signage.

In many respects this application reflects the activities approved and carried out under the existing

permit with the exception that this application also proposes hours of operation that exceed those

that have previously been approved and seeks to allow for the performance of live and amplified

music.

Specific matters that require a permit and Indigo Planning Scheme requirements and considerations

are outlined below in the report and at Attachment 1.

The proposal includes use of the original brewery building for part of the proposed industrial

processes (brewery and distillery) and for a food and drink premises including tasting bar, retail sales,

café, displays and whisky cellar. This building had previously been used for tastings and retail sales

and as a museum. The new uses commenced under permit PP18-0158 (subject to conditions) and


continue to require a permit to operate in the manner proposed as does the use of the land to sell

and consume liquor under a General Liquor Licence. Consideration of the adequacy of the car parking

plan is also required.

Notice of the application was given via letter. At the date of writing ten objections to the application

have been received.

Following review of the objections by the applicant, the proposed operating hours have been

amended. Formal re-notification of the amended opening hours was not required, however advice

that the application has been amended was provided to neighbouring properties and objectors.

The application is now presented to Council for decision with a recommendation that Council

approves the application subject to the conditions included at Attachment 3 and that Council issue a

notice of decision to grant a permit.

SUMMARY OF APPLICATION

Application Number PP19-0226

Applicant/Owner Billson’s Beverages Pty Ltd

Subject Land 29 Last Street, Beechworth being Lot 2 on Plan of Subdivision PS403188H

Proposal The proposal seeks to use the site as a brewery and distillery with associated food and drink premises, including whisky lounge/bar, retail sales and cafe. The proposal also involves the continuation of an existing barber shop/hairdresser. Plan extracts below show the general arrangement of the site and uses and further details regarding the proposed activities are included in the application report at Attachment 2, noting that the hours of operation are amended as follows:

Operation of the Barber, Museum, Gallery and Café operating from 8:00am to 6.00pm. The food preparation area of the café can be accessed by staff up until the closing time of the Whiskey lounge to allow for the preparation of ‘Bar Snacks’ for serving in the whiskey lounge. The ground floor areas will be blocked off from use by patrons using the downstairs whiskey area after closure.

Operation of the Whiskey Lounge from Noon to 8.30pm Friday and Saturday and Noon to 7.30pm Sunday to Thursday. All public holidays including Queen’s birthday eve are required to operate as per Sunday hours (to 7:30pm).

The service of alcohol for consumption on-site must be in accordance with hours of operation for the Café and Whiskey Lounge as per the above.

The sale of packaged liquor must only be in accordance with the hours of operation of the Tasting/retail area mentioned above.


The historic brewery building consists of multiple floors. The proposed café and retail sales area (tasting area) occupy the ground floor. The retail sales area is the same as the previous cordial manufacturing sales area. The original permit (PP18-0158) allows the ground floor level activities to operate from 9:00am to 5:00pm. This application sought to use the ground floor level from 8:00am up to 8:30pm on certain days and times of the year. The amended application now seeks to use the ground floor from 8:00am to 6:00pm. The cellar or basement level of the building is proposed to accommodate the whisky cellar/lounge and museum/gallery. The previously existing barber shop and the extension of the industry (brewery and distillery) is located to the rear of these spaces. The existing carriage museum is located in a building to the rear of the site. The existing barber shop proposes extended trading hours in line with the ground floor activities. The industry is proposed to operate from 8:00am to 5:00pm, Monday to Friday and from 8:00am to 4:00pm, Saturday. This aligns with the existing permit PP18-0158. It should be noted that the site holds existing use rights in respect of the existing industry in the factory building and it would be ultra vires, that is, beyond the legal power of Council to impose restrictions on the operation of the existing industry. It is however possible to regulate the operation of the brewery and distillery that is proposed within the historic brewery building. The whisky cellar/lounge is proposed to operate from Noon up to 8:30pm Friday and Saturday and from Noon to 7:30pm Sunday to Thursday, with Public Holiday trading as per the Sunday hours (ie 7:30pm closure). Upper floors in the historic brewery building are proposed to be used as a dwelling. A planning permit is not required for this component of the proposal in the Mixed Use Zone.


Site Context

The subject land is located on the northern corner of Last Street and Williams Street and falls to the north/northwest. It contains a series of large and distinctive industrial heritage buildings of brick and stone with later additions and buildings being timber and iron clad. The site has traditionally been used for activities such as cordial manufacture and sales and bottling of spring water. The site is also used as a museum. More recently the site has been used in accordance with Planning Permit PP18-0158 which allows the operation of a brewery, distillery and food and drink premises (whisky lounge, retail sales and café) in much the same manner as the current application, but at reduced hours and with a constraint on entertainment noise. The lot extends behind several abutting dwellings, sits within a wholly residential context and is isolated from land in any zone other than the General Residential Zone.

Subject Site

Zoning and Overlays Zoned Mixed Use Zone (MUZ) and the Heritage Overlay HO61 applies.

Surrounding Zoning and Overlays

General Residential Zone (GRZ1). Properties to the northeast, east, southeast, and south within HO30 (Conservation Area – Beechworth Central). Some nearby dwellings are within individual Heritage Overlays. Lots to the rear and further to the northwest/west fronting Williams Street and Wood Street are not within the Heritage Overlay.

Permit requirements Clause 32.04-2 Mixed Use Zone:


The use of land for a food and drink premises (tasting bar, retail sales, café, displays and whisky cellar) with a leasable floor area greater than 150 square metres is a Section 2 permit required use.

The use of land (historic brewery building) for an industry is a Section 2 permit required use.

Clause 52.06 Car Parking applies to:

a new use; or

an increase in the floor area or site area of an existing use; or

an increase to an existing use by the measure specified in Column C of Table 1 in Clause 52.06-5 for that use.

Under Clause 52.06-3 a permit is required to:

Reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5.

Provide some or all of the car parking spaces required under Clause 52.06-5 on another site.

Clause 52.27 Licensed Premises provides that a permit is required to use land to sell or consume liquor if any of the following apply:

A licence is required under the Liquor Control Reform Act 1998.

A different licence or category of licence is required from that which is in force.

The hours of trading allowed under a licence are to be extended.

The number of patrons allowed under a licence is to be increased.

The area that liquor is allowed to be consumed or supplied under a licence is to be increased.


Notice of the application was given via letter to neighbouring properties. At the date of writing ten

objections to the application have been received.

Objections are quite detailed and a number show the perspective gained from the operation of the

site over the last year. Objections revolve around the impacts on the amenity of the area and raise

issue with: noise; hours of operation; patron numbers; consumption of alcohol and antisocial

behaviour, and; car parking.

Following review of the objections by the applicant, the proposed operating hours have been

amended. Formal re-notification of the amended opening hours was not required, however advice

that the application has been amended was provided to neighbouring properties and objectors.

Although the application has been amended, all objections received that have not been withdrawn,

must also be considered by Council when making a decision and in accordance with procedures and

to comply with the Act, a full copy of objections is provided to Councillors separately from but at the

same time as the Agenda for consideration.


DISCUSSION

PLANNING CONTEXT – Zone interface and amenity

The subject site is covered by the provisions of the Mixed Use Zone (MUZ). The MUZ is one of the

suite of residential zones in the Victorian Planning Provisions. It is normally used strategically to

promote a mixed use function of an area by giving clarity about the type of development that can be

expected and allowing consideration of a broader range of activities than could occur in the other

residential zones (without the need to rely on existing use right provisions or the latitude to allow

alternative uses of buildings provided through the Heritage Overlay).

While application of the MUZ allows consideration of a range of uses, it is not particularly helpful in

the exercise of that discretion as it lacks any specific decision guidelines for applications other than

for industries or warehouses.

In this instance the extension of the industrial use on the land, while possibly the least contentious, is

subject to provisions at Clause 32.04-3 of the MUZ to ensure that the use of land for an industry must

not adversely affect the amenity of the neighbourhood, including through:

The transport of materials or goods to or from the land.

The appearance of any stored materials or goods.

Traffic generated by the use.

Emissions from the land.

Other than requiring consideration under the broad decision guidelines of Clause 65, the MUZ does

not provide any real guidance for those aspects of the current application that are not industry.

Relevantly however Clause 65 requires a consideration of:

The orderly planning of the area.

The effect on the amenity of the area.

The term or concept of ‘amenity’ is widely used in the planning scheme and Victorian Planning

Provisions, however it is not a defined term. It is impossible to firmly categorise the concept of

amenity and the decision maker is called on to exercise a wide and fairly subjective discretion as to

what it is and whether it is unreasonably impacted on by a proposal. In the editorial at 12 AATR some

fundamental principles reinforcing the concept of ‘amenity’ are noted, including:

Amenity is an elusive and subjective concept that goes further than the pleasantness of an

area. It embraces all the features, benefits and advantages inherent in the environment in

question.

Amenity can be affected by psychological and social concerns as it can be by physical

characteristics.

Some aspects of amenity can be protected by the imposition of conditions on a planning

permit.

A change in amenity is not in itself a reason to refuse a proposal. Frequently instances arise

where amenity benefits exist that are not sought to be preserved by the provisions of a

planning scheme.


Legitimate expectations as to the level of amenity, or its protection, have been held to be different

for residents on the border of a residential zone compared with residents in the midst of a residential

area.

Despite the subject land having a Mixed Use Zoning, it must be acknowledged that this is still a

residential zone and that the site is within the midst of a residential area. It must also be

acknowledged and it can be observed that, at the current level of industrial activity, it is a residential

area that enjoys high levels of residential amenity, particularly after 5pm.

Impacts on the amenity of the locality are fundamental to the consideration of this particular

application. Despite there not being any clear policy support or objectives for its application,

consideration under the MUZ provides the latitude to consider uses that detrimentally impact on

current levels of amenity (which goes beyond what can be considered under the existing use right

provisions of the scheme which seek to ensure that the amenity of the area is not damaged by a

proposal).

It is necessary however, to ensure that the impacts are not unreasonable or that they can be

managed by the ‘agent of change’ at an acceptable level. The ‘agent of change’ principle puts the

onus on the applicant proposing a new use or development to mitigate external effects (to align with

reasonable amenity expectations). This requires a consideration of the amenity impacts from noise;

hours of operation; patron numbers; consumption of alcohol and antisocial behaviour, and; car

parking.

Operation of the site under the existing permit PP18-0158 provides a convenient insight into the

activities onsite and external impacts and highlights/exacerbates the clear temporal aspect to the

levels of residential amenity enjoyed in the locality before and after 5pm.

There have traditionally been various amenity impacts on the area during the day associated with

bottling, forklifts, truck and bus movements, car parking and patrons. Operation of the site under the

existing Permit and an extended and intense construction period has reinforced this. After 5pm and

an associated lag time for the dust to settle however, the locality still reverts to a relatively pure

residential area (which on occasion could still be affected by after-hours maintenance or activities

associated with the industry without any planning restriction).

Impacts on the amenity of the area were canvassed in relation to the original permit application

considered by Council at its 25th September 2018 meeting where Council resolved to issue Planning

Permit PP18-0158 subject to Conditions designed to ameliorate the offsite impacts of the proposal.

Consequently the consideration of the amenity impacts of the proposal below have a predominant

focus on activities proposed outside the operating times allowed under the existing permit. If these

are considered acceptable, then it is likely that potential adverse amenity impacts from activities

before 5pm (in line with the existing permit) will also be acceptable.

The table below provides a summary comparison of hours of operation between Council’s decision of

the 25th September 2018 in relation to permit application PP18-0158 (not the existing permit that

was issued via a consent order from VCAT) and the current version of permit application PP19-0226.

The purpose of this comparison is to show the differences between Council’s original resolved

position in relation to the site and the current permit application proposal.

The first column shows the hours as per Council’s decision on the previous application. The second

column shows the proposal in the current application with the differences in red.


Council’s original decision in relation to Permit application PP18-0158

Current version of permit application PP19-0226

Manufacturing Production: Mon – Fri 7am – 5pm Sat 8am – 4pm

Manufacturing/Production: Mon – Fri 8am – 5pm; Sat 8am – 4pm

Retail, café, history cellar & carriage museum Seven days 9am – 5pm

Ground floor inc. Retail Sales (tastings area) and Café: 8:00am to 6:00pm. Barber & Museum/Gallery: 8:00am to 6:00pm.

Barber Mon – Fri 9:30am – 5pm Fri & Sat 9:30am – 8:30pm

Whisky Lounge Fri & Sat 12noon – 8:30pm Sun – Thur 12noon – 5pm

Whisky Lounge: Noon to 8.30pm Friday and Saturday, and; Noon to 7.30pm Sunday to Thursday. All public holidays including Queen’s birthday eve are required to operate as per Sunday hours (to 7:30pm).

Service of liquor Fri & Sat 12noon – 8:30pm Sun – Thur 12noon – 5pm

Service of liquor (on-site consumption): From Noon to closing times in accordance with hours of operation outlined above. Service of liquor (off-site consumption): In accordance with the hours of operation of the Tasting/retail area.

Council’s decision in 2018 regarding the earlier permit application was based on a reasonably

thorough examination of the proposal having regard to its planning and environmental context and

represented a balanced position that took into account the interrelationship between the uses and

spaces on the site and how these could be managed to assist in reducing the amenity impacts of the

proposal.

The current application is generally in accordance with Councils earlier position in terms of operating

the whiskey lounge to 8:30pm in the evening on Fridays and Saturdays, however also allows trading

to 7:30pm on weekdays. The current application also seeks to extend trading on the ground floor

(tasting area and café) until 6:00pm and to allow the Barber to operate in line with this.

The operation of the site as proposed in this application contains some physical and management

measures that contribute to make later operation of parts of the site acceptable. Of particular

importance is the ability to restrict patrons to the basement level of the site and internalise

pedestrian access to the building at later hours.

Determination of whether the proposal is acceptable depends on a consideration of the amenity

impacts from noise; hours of operation, and; patron behaviour in relation to movements through the

site, consumption of alcohol and antisocial behaviour, and; car parking.


NOISE

There are two main potential sources of noise associated with the site. One stems from and is

associated with its traditional use of the land for industrial purposes (and its associated retailing)

which enjoys existing use rights. The other is related to the proposed new uses that are subject to

this permit application (and that have been operating in a constrained manner under the existing

permit PP18-0158).

While it is generally held to be beyond the legal power of Council to impose restrictions on the

operation of existing uses, environmental protection legislation is applied regardless of the

protection of existing use rights under the Planning & Environment Act 1987. The EPA requires that

noise emitted from the premises must not exceed the recommended levels as set out in Noise from

Industry in Regional Victoria (NIRV; EPA Publication 1411, 2011) or as amended and unlike planning

legislation, this can be enforced against existing uses by the EPA.

Policy at Clause 13.05 seeks to ensure that development is not prejudiced and community amenity is

not reduced by noise emissions. Policy introduces relevant State Environmental Protection Policies

(SEPPs) such as SEPP No. N-2 (Control of Music Noise from Public Premises) to assist the control of

noise effects on sensitive land uses.

Noise requirements based on this policy are often included in a venue's liquor licence by the

Victorian Commission for Gambling and Liquor Regulation and/or the relevant planning permit.

The application includes amplified music on both the ground floor level and the whiskey lounge. Low

level amplified music is proposed in the café and retail areas (ground floor) to provide ambient

background music (via small speakers) similar to what occurs in other small cafes and retail premises.

These speakers would provide ambient background music, which would not be louder than a typical

conversation and would be akin to a small radio being played or ipod plugged into a speaker. These

speakers will not be used as a PA system and the purpose of the speakers would be to provide low

volume background music. Maintained at this level the proposal is considered reasonable.

The application also seeks to ensure that amplified music be allowed in the basement whisky lounge

area. The application states that:

the purpose of this request is to allow for the playing of live music via the use

of a small amp or microphone. It is confirmed that the development does not

propose to utilise any large speakers, dj or other sound equipment, but rather

allow local artists to play general background music to enhance the ambiance

of the whisky lounge area (such as jazz, blues or other acoustic music) typically

associated with a whisky lounge. This would still allow patrons to talk

amongst themselves and would limit opportunities for the transmission of

noise off-site.

Clause 53.06 of the planning scheme deals specifically with this and codifies the ‘agent of change’

principle. While recognising that live music is an important part of the State’s culture and economy

Clause 53.06 seeks to ensure that noise sensitive residential uses are satisfactorily protected from

unreasonable levels of live music and entertainment noise.


Clause 53.06-3 provides that a food and drink premises that includes live music entertainment must

be designed, constructed and managed to minimise noise emissions from the premises and provide

acoustic attenuation measures that would protect a noise sensitive residential use within 50 metres

of the venue.

That part of the site that is proposed to operate after 5pm and offer live music (whisky lounge) is

located in the subfloor or basement level of the building and is proposed to be accessed after 6pm

exclusively from the car park area internal to the site. As can be seen from the plan extract below,

the basement level of the building is of heavy-weight construction however it does have a number of

window openings facing the adjacent residential property. While extant original fabric, if it was

deemed necessary, options exist for the retrofitting of internal acoustic treatments. The same applies

to the ceiling of this space which is currently comprised of simple timber flooring.

The barber shop is a timber weatherboard extension at the rear of the main brewery building that is

predominantly at ground level. Opportunities exist for this building to be insulated. This area also has

a waiting room which could operate as an airlock to the whisky cellar/lounge. As with the window

openings to the sub floor area, windows to the barber shop and waiting room could be internally

retrofitted with acoustic treatments if deemed necessary.

The building offers attainable opportunities for physical acoustic treatments that could adequately

attenuate reasonable levels of live music entertainment noise and consequently any associated

patron noise. Coupled with the proposed hours of operation, a restriction on patron numbers as well

as site and patron management, it is considered that the noise associated with the proposed whisky

cellar/lounge can be reduced to an acceptable level so as not to unreasonably impact on the amenity

of the area.

Given the intensity, hours of operation and management options available, it is unclear what level of

physical attenuation measures are warranted at present. Some operation of the use with amplified

equipment as proposed would be beneficial to determine whether sound treatment to the ceiling of

the whisky cellar/lounge and windows is actually necessary. If an approval is granted, in addition to

requirements for hours of operation, deliveries and the operation of the use to be managed so as not

to adversely impact on the amenity of the area, an approval could also be conditional on detailed

acoustic reports and recommendations for ameliorative measures from qualified acoustic engineers,


where it was deemed necessary by Council. A permit could also require the implementation of

necessary management or physical measures within prescribed timeframes.

The ground floor uses of the premises include the existing tasting/sales area and the proposed café.

These are accessed via a new airlock at the existing entrance. The use of the tasting area is not

changing however it is proposed to be licensed.

Amenity impacts in relation to the consumption and sale of liquor are a specific consideration and

are addressed further below. It is noted that introduction of features such as the air lock is a measure

that assists in management and patron control in accordance with the Design Guidelines for Licensed

Venues published by the Department of Justice.

Given the internal location of the café and proposed hours of operation, introduction and operation

of this use is considered unlikely to have unreasonable noise impacts on the residential amenity of

the locality. Liquor license considerations and car parking are addressed below.

HOURS OF OPERATION

As mentioned above there is considered to be a temporal aspect to the levels of amenity currently

experienced in the locality. While there are no planning restrictions on the existing industrial and

museum uses of the site and they could operate for extended hours and alter the existing levels of

amenity, for the purpose of this report and assessment of the current application, a distinction is

being made between activities before 5pm and after 5pm.

Principle amenity impacts from patronage of the site prior to 5pm will manifest in association with

car parking. This is addressed below and other associated impacts such as noise and antisocial

behaviour are addressed separately in this report.

The same applies to impacts of patronage after 5pm however it is considered that moderation of the

proposed uses by limiting the hours, and implementing access and patron management measures,

reduces the potential amenity impacts to an acceptable level.

Hours of operation proposed for the whisky cellar/lounge extend from to 8:30pm on Friday and

Saturday which should allow for the site to be vacated by 9pm. Operating hours are proposed to

7:30pm Sunday through to Thursday which should allow the site to be vacated by 8pm. Coupled with

noise attenuation measures, limits on patron numbers and management of the site (which would

include a requirement that patrons leave the building by the nominated closing time), it is not

considered that operating for the hours and in the manner proposed will have unreasonable impacts

on the amenity of the area.

PATRON NUMBERS

Patron numbers are currently restricted by the provisions of a Site Management Plan and conditions

of the existing planning permit PP18-0158. The Site Management Plan limits the total patronage of

the site to 95 at any given time and places a maximum patronage on the whisky lounge of 40 which is

also reflected in Condition 7 of the existing permit.

This has some relevance as previous consideration of the operation of the whisky lounge after 5pm

was closely aligned with limitations on patron numbers and the availability of car parking onsite as


well as measures to manage patron behaviour (including access and egress to the limited area to be

used).

The application material includes a daytime limit on patronage of the site of 95 persons. This is

commensurate with current operating conditions and is understood to generally reflect the

conditions that existed before the changes occurred under the existing permit (albeit with a different

patron demographic. Patron numbers per se proposed in the daytime period are not considered to

unreasonably impact on the amenity of the locality. Car parking and potential antisocial behaviour

are addressed elsewhere.

It is considered patron numbers after 6pm (ie to the whiskey lounge) be limited to 43 persons. Given

the floor area of the use, this should minimise the potential for the creation of a vertical drinking

environment. This coupled with the hours of operation and management of the site and car parking

should ensure that patron numbers do not unreasonably impact on the amenity of the locality.

LIQUOR LICENCE

Clause 52.27 applies to premises licensed, or to be licensed, under the Liquor Control Reform Act

1998 and provides that a permit is required to use land to sell or consume liquor. The purpose of this

is:

To ensure that licensed premises are situated in appropriate locations.

To ensure that the impact of the licensed premises on the amenity of the surrounding area is

considered.

Before deciding on an application, in addition to the decision guidelines in Clause 65, the Council

must consider, as appropriate:

The Municipal Planning Strategy and the Planning Policy Framework.

The impact of the sale or consumption of liquor permitted by the liquor licence on the

amenity of the surrounding area.

The impact of the hours of operation on the amenity of the surrounding area.

The impact of the number of patrons on the amenity of the surrounding area.

The cumulative impact of any existing licensed premises and the proposed licensed premises

on the amenity of the surrounding area.

As mentioned above there is a relative policy vacuum in the Municipal Strategic Statement (MSS) for

the application of the Mixed Use Zone to the subject land. Relevantly however, there are policies in

relation to tourism development that applies to the development and/or use of tourism and

recreation facilities, including visitor accommodation, wineries, art and craft centres, outdoor

recreation facilities and the like.

The basis of the policy is that Clause 21.04.2-2 of the MSS recognises that tourism is significant in the

economy of the Shire and that tourism and recreation facilities need to be compatible with

surrounding land uses and the natural and built environments. The challenge is to achieve (and

maintain) a delicate balance between tourism, the environment and protecting the amenity of

existing residents.


The focus of policy (heritage, tourism and residential) as it applies to the subject site and this

application, is on supporting a viable use of the site while protecting the amenity of the

neighbourhood.

Council’s previous decision in relation to the original permit was based on a multifaceted approach to

managing the operation of the whisky lounge for an extended period (8:30pm) Fridays and Saturdays

and it is considered this approach still has merit. Likewise, a change in focus of the café (originally

proposed as a secondary activity reliant on offsite catering) to a more traditional restaurant type use

(focus on food rather than liquor) may be acceptable.

Provided the consumption of liquor can be internalised, noise can be managed, hours are restricted

and numbers are capped (as outlined above) the impact of licensing the premises can be reduced to

a focus on the management of patrons having particular regard to how they access and leave the

site. In this regard, while it is likely to attract some pedestrian traffic, given the isolated nature of the

site, it is anticipated that the majority of patronage (particularly to the whisky cellar/lounge) will be

reliant on vehicles as the predominant mode of transport. The management of patron behaviour will

therefore be influenced by the treatment of the car park area and its interface with the public realm

and opportunities for surveillance, it will also depend on the management of the site through

measures such as closing access to the ground floor areas at 6pm.

CAR PARKING

Policy in relation to car parking (Clause 18.02-4) requires land to be set aside for car parking subject

to the existing and potential modes of access including public transport, the demand for off-street

car parking, road capacity and the potential for demand management of car parking which helps to

protect the amenity of residential precincts from the effects of road congestion created by on-street

parking.

Clause 52.06 seeks to implement this policy and provides that before a new use commences; or an

existing use is increased by a specified measure, the number of car parking spaces required under

Clause 52.06-5 must be provided to the satisfaction of the responsible authority.

Car parking was canvassed in some detail in the Officer’s Report in relation to the original planning

permit application PP18-0158 and that report is relied on here in relation to the number of car

parking spaces required for the site. The reality is that, having regard to the available space and

interface with other properties and the public realm, onsite parking opportunities have been

maximised. The original permit PP18-0158 also required the construction of on-street car parking

and for the same reasons canvassed in the September 2018 report, this is still considered to be a

necessary and valid requirement.

The café, whisky cellar and museum/gallery occupy approximately 360 square metres (excluding the

existing retail sales/tasting area as this is not a new use). At the food and drink premises rate, this

would require 14.4 spaces to be provided. If a more specific restaurant or tavern rate was adopted,

the car parking requirement would depend on patron numbers rather than floor areas. Patron

numbers are indicated as limited to 95 which would require 38 car parking spaces to be provided

onsite prior to 6pm (should maximum occupancy be achieved) and if patrons to the whisky lounge

are again limited to 43, then 17 spaces would be required onsite after 6pm. The car parking already

constructed and that required to be formalised on-street is considered to adequately cater for the

uses proposed.


Having regard to the temporal split of uses and amenity expectations, it is considered that the

proposal is providing an adequate quantity of parking onsite to cater for activities after 6pm. It is

further considered that management measures such as closing access to the ground floor and

diverting access to the subfloor levels of the building at 6pm will assist in directing or encouraging

traffic associated with post 6pm activities to utilise the onsite parking.

Given the isolation of the whisky cellar/lounge from the car park area, surveillance is a potential issue

and patron management plans will need to be put in place to ensure the operator of the site

maintains oversight of behaviour in this space. In these circumstances, coupled with patron numbers

and hours of operation, amenity impacts associated with car parking are not considered

unreasonable.

Parking provision prior to 6pm where there is a potential for patron numbers to approach 100 is also

considered acceptable provided on-street infrastructure is upgraded and, if it becomes necessary,

further on-street parking management measures are put in place. This is supported by the

formalisation and provision of parking onsite (as opposed to the current situation). It is therefore

considered that the amenity impacts of car parking are not unreasonable.



If Councillors resolve to approve the application subject to conditions, objectors may appeal the decision at VCAT.

Probable Minor Low Council will be required to defend the decision at VCAT.

If Council resolve to refuse the application, the applicant may appeal the decision at VCAT.

Probable Minor Low Council will be required to defend the decision at VCAT.

SOCIAL / CULTURAL IMPLICATIONS

The proposal will lead to an alteration of the amenity of the area generally. At the intensity and scale

proposed however, and with appropriate management measures, it is considered that the proposal

can be operated without unreasonable impacts on the amenity of the area.

The proposal will lead to an alteration of the perception of the place and may alter the demographics

of patrons however it is considered that there is some policy support for this in relation to tourism

development and heritage conservation.

Adverse social impacts, particularly anti-social behaviour, are moderated by the nature of the

proposal and can be managed via planning permissions and via the appropriate Liquor Licence. While

the proposal will result in change, as proposed, it is not considered that the change is unreasonable

from a social or cultural aspect.


ENVIRONMENTAL IMPLICATIONS

The site is currently required to satisfy relevant environmental standards as established by the EPA.

This includes standards in relation to noise and odour emissions. Further environmental impacts such

as impacts on the amenity of the area have been commented on above and it is considered that the

proposal will have an unacceptable impact on the environment.

LEGISLATIVE IMPLICATIONS

There are no legislative implications associated with this application.

CONCLUSION

The proposed uses are considered generally acceptable subject to their management, scale and

intensity being restricted to a point where the potential impacts on the amenity of the area are not

unreasonable.

In this regard, while application of the MUZ provides an indication that this site is different, it must

also be acknowledged that it is within the midst of a General Residential Zone within a

neighbourhood with a high level of residential amenity, despite the existing industrial uses.

Consideration of the existing amenity of the area suggests that there is a temporal split in conditions

and subsequently expectations between activities before and after 5pm. Activities proposed and

conducted on the site under the existing permit PP18-0158 are not considered to have unreasonable

impacts on the amenity of the area.

The proposal includes upgrading of on-street parking to the frontage of the site which will assist in

ameliorating potential amenity impacts of the use through the day.

Operation of the ground floor uses of the site from 8am to 6pm is not considered unreasonable.

Operation of the site after 6pm is restricted to the whisky cellar/lounge. While this is different to the

current situation, given the limited area, patron numbers of this space and management

arrangements that can be put in place, it is considered that the potential amenity impacts of the use

can be ameliorated so as to not unreasonably impact on the neighbourhood.

Having regard to the above, the proposed hours of operation, noise and any other likely off-site

amenity impacts it is therefore recommended that the application be approved subject to the

conditions included at Attachment 3 and that Council issue a notice of decision to grant a permit.


Under Section 80C of the Local Government Act 1989, the following Officers declare that they have

no conflict of interests to disclose in providing this report:

Greg Pinkerton – Director Planning & Corporate Services

Ian Scholes – Manager Planning & Statutory Services

Travis Basham – Team Leader Planning


Attachments

1. Planning Scheme Provisions

2. Application Report

3. Conditions





10.5 PP18-0031 - BUSINESS ADVERTISING SIGNAGE, STAR HOTEL RUTHERGLEN, 105-109 MAIN STREET RUTHERGLEN - DAVIES.

File No: 2019/864 Ian Scholes - Manager Planning & Statutory Services


For Decision

RECOMMENDATION

That Council refuses application PP18-0031 for business identification signage at the Star Hotel, 105 -109 Main St Rutherglen, on the following grounds:

1. The signage is inappropriate in its current form for the historic commercial precinct of Rutherglen; and

2. The applicant has failed to provide adequate justification for the proposed signage.

RESOLUTION

That Council adjourn this item for one month to the next meeting of Council. Moved: Cr Goldsworthy Seconded: Cr Trenery

CARRIED

BACKGROUND

Business identification signage was replaced without a planning permit at the Star Hotel in Rutherglen in 2016. The new signage resulted from the re-branding of the bottle shop, and consists of white text on an orange background (Attachment 1). The signage is considered to be inappropriate for the historic commercial precinct of Rutherglen. After negotiating with the licensee and the landowner, a retrospective application was lodged in 2018, however the application was lodged for the signage to remain unaltered, despite the advice that it would not be approved. Negotiations have proven fruitless, and as such the application is now being reported to Council for decision, with a recommendation for refusal. PURPOSE OF REPORT

The delegation from Council to officers for the determination of planning permit applications does not extend to the refusal of applications. As the recommendation for this application is that it be refused the matter is being reported to Council for determination. SUMMARY OF APPLICATION

Application Number PP18-0031

Applicant/Owner Paul Davies/ Les Payne

Subject Land Crown Allotments 18A, 19, 20 and 22 Section D Parish of Carlyle, 105-109 Main Street Rutherglen

Proposal Business identification signage

Site Context

The land is located on a prominent site on a main intersection in Rutherglen’s Main Street. The site includes the Star Hotel and associated


restaurant, bottle shop and accommodation. The hotel is double-storey with verandas on the second storey and is a significant building from a heritage perspective.

Zoning and Overlays of the Subject Land

The land is zoned Commercial 1 (C1Z) and is affected by the Heritage Overlay (HO155). It is also located in the Rutherglen Commercial Heritage Precinct (HO628).

Surrounding Zoning and Overlays

Surrounding land is also within the C1Z and the Heritage Overlay.

Permit requirements Clause 43.01 Signage in the Heritage Overlay

Referrals: Nil

Internal Departmental Advice Heritage Advisor


The proposal has not been put out for public comment. DISCUSSION

This is a protracted situation whereby new signage was erected to replace previous bottle shop signage due to a change in bottle shop franchise. The previous signage can be seen in Attachment 2. The previous signage was in an appropriate form for the heritage precinct, and had been in-situ for a number of years. There was no consultation from the landowner or representatives of the bottle shop chain prior to the erection of the new signage. Clause 43.01 Heritage Overlay is the permit trigger in this instance. The signage does not trigger a planning permit under Clause 52.06 from the planning scheme as it is the replacement of existing signage. In the current instance, Council’s Heritage Advisor commented that the colour selection and use of the logo was not appropriate, however the font was acceptable. An alternative colour scheme was presented to the applicant (Attachment 3). Upon being advised that the signage would not be supported in its current form, the applicant advised officers to liaise with representatives of the bottle shop franchise, as they required the signage to be altered in the first instance. Subsequent attempts to open a dialogue with representatives of the bottle shop franchise were unsuccessful. As such, and with no alternative details being presented to Council, it is considered that the application should be refused. Given the prominent position the premises enjoys in Rutherglen’s main street, it is considered that if the application is refused, enforcement action should be commenced to require the signage to be removed. RISK & OPPORTUNITY MANAGEMENT


If Council resolve to refuse the application, the applicant may appeal the decision at VCAT.

Unlikely Insignificant Low N/A


SOCIAL / CULTURAL IMPLICATIONS

This building occupies a prominent position in the main street of Rutherglen and the heritage values of this building have a significant impact on the streetscape of the main street. ENVIRONMENTAL IMPLICATIONS

It is not considered there are any adverse environmental impacts as a result of the signage. LEGISLATIVE IMPLICATIONS

It is not considered there are any legislative impacts as a result of the signage. CONCLUSION

As the signage is not acceptable in terms of the heritage values of the site and locality, and the applicant has not proposed any alternatives, it is considered the application should be refused. DECLARATION OF CONFLICT OF INTEREST

Under Section 80C of the Local Government Act 1989, the following Officers declare that they have no conflict of interests to disclose in providing this report:

Greg Pinkerton – Director Development & Community Services

Ian Scholes – Manager Planning & Statutory Services

Attachments

1. Attachment 1 - Signage

2. Attachment 2 - Previous Signage

3. Attachment 3 - Heritage Advice





10.6 CUE SPRINGS WATER EXTRACTION MONTHLY MONITORING

File No: 2019/878 Ian Scholes - Manager Planning & Statutory Services


For Decision

RECOMMENDATION

That Council notes the Cue Springs Water Extraction facility monitoring report content.

RESOLUTION

That Council notes the Cue Springs Water Extraction facility monitoring report content. Moved: Cr Murdoch Seconded: Cr Price

CARRIED

PURPOSE OF REPORT

Council resolved at the March 2016 meeting that a monthly report on the operations and compliance to planning permit conditions of the Cue Springs Water Extraction facility be provided at each Council meeting. BACKGROUND

The following table provides the latest update for the current year to date:

Cue Springs Water Extraction Monthly Compliance Report

DATE FACILITY STATUS COMPLIANCE STATUS COMMENTS/

ACTIONS

January 2019 February 2019

Operating Compliant. No issues reported.

March 2019 Operating Compliant. No issues reported.

April 2019 Operating Compliant. No issues reported.

May 2019 Operating Compliant. No issues reported.

June 2019 Operating Compliant. No issues reported.

July 2019 Operating Compliant. No issues reported.

August 2019 Operating Compliant. No issues reported.

September 2019 Operating Compliant. No issues reported.

October 2019 Operating Compliant. No issues reported.

CONCLUSION

Ongoing monitoring and reporting will continue.




Greg Pinkerton – Director Planning and Corporate Services

Ian Scholes – Manager Planning and Statutory Services

Robin Thom – Executive and Planning Assistant

Attachments Nil


11. COMMUNITY & ECONOMIC DEVELOPMENT

11.1 PLAY PARKS REVIEW AND STRATEGY 2019-2029

File No: 2019/847 Carlene Lamanna - Manager Community Development

Community & Economic Development

For Decision

RECOMMENDATION

That Council adopts the Play Parks Review and Strategy 2019-2029.

RESOLUTION

That Council defers this item off the agenda until further consultation has been done. Moved: Cr Price Seconded: Cr Shepheard

CARRIED

PURPOSE OF REPORT

This report is to present the Play Parks Review and Strategy 2019-2029 to Council for adoption, following a 30 day public exhibition period. Submissions received during this period are summarised in this report. BACKGROUND

This document will provide strategic direction for Council when planning for play park and play space renewal and development. It aims to help Council create valued play environments, to improve the quality and diversity of play spaces within Indigo Shire and to assist in guiding the decision making process when planning, designing and upgrading play spaces. This Review and Strategy development process included an audit of current infrastructure, developed guiding principles to inform renewal and new works, created a hierarchy of play spaces and identified shire-wide and town-by-town recommendations. It will help Council prepare for increased demand on existing play infrastructure, as well as balance increased user demands for new infrastructure and capitalise on opportunities to create spaces of intergenerational interaction. The Strategy was developed in line with community feedback received during the consultation process. DISCUSSION

The development of this Review and Strategy included:

A literature and research review to determine best practice and trends.

A review of current play infrastructure including the provision and distribution, age groups catered for, opportunities for improvement and recommendations for each.

An issues and opportunities background document summarising best practice and trends, review of play infrastructure and opportunities for play space development.

A community engagement period reaching more than 300 people including kids’ voice sessions in Beechworth, Chiltern, Kiewa-Tangambalanga, Rutherglen and Yackandandah, online survey for park users and Council workshop.


The development of a play space hierarchy classification system and guiding design principles for effective provision and suitable design for spaces.

Formation of town specific and shire wide recommendations. To inform this strategy a review of the current research into the importance of play for children’s development and the current trends in play spaces was conducted. This included a literature analysis of relevant state government plans as well as relevant sub plans of Council. An Audit was then conducted of the current play spaces in the shire benchmarking them against industry trends and the population demographics of Indigo Shire.

The above table demonstrates the ratio of play spaces to the early year’s population across locations within the shire. The audit determined that the play spaces are generally in good condition and are well maintained, however there are opportunities for development and improvement. The community engagement process included surveys, workshops and kids voice sessions. The community input resulted in some of the below trends/findings:


Through Council Officer workshops, a Councillor workshop and the results of the community consultation, the project then determined a series of guided design principles to inform the ongoing maintenance and renewal of existing play spaces and the development of new spaces. The guiding principles cover the following themes:

Accessibility

Diversity

Connections

Identity

Classification

Social Demand

Value These themes are further detailed in section 4. Guiding Principles for Play. A hierarchy of spaces was also developed to identify which type of play space is appropriate for townships depending on their size across the shire:


Finally, the recommendations have been presented in three categories:

Shire Wide Recommendations

Shire Wide Priorities

Town Specific Priorities

Key recommendations of particular focus are:

Chiltern Destination Play Space – this has previously been identified as a priority in both the Active Indigo Recreation Plan and the Destination Game Changer 2023 Tourism Strategy and planning has been budgeted for 2019/20.

Yackandandah new play space – the strategy has identified that Yackandandah has an under supply of play spaces within the township with only one play space provided for every 328 children, and with residents located south west of the township having limited access to a play space.


Pathways – improving pathways to play spaces from nearby pathway networks across the Shire will assist in promoting active transport to play spaces and recreation within the Shire. Pathways will be prioritised by district play spaces, followed by towns with only one play space. This recommendation will inform the development of the Cycling, Walking and Horse Trails Strategy under development.

Accessibility – improving accessibility in play spaces is a key priority for all play spaces across the Shire, particularly those classified as a district play space or the only play space provided in the town. Council will work with key partners to seek funding to address accessibility within these spaces and ensure any upgrades or renewals consider accessible and inclusive play elements.

Options Council may decide not to proceed with the Play Parks Review and Strategy, or request further work to the document. It is recommended that the Play Parks Review and Strategy is adopted by Council. STRATEGIC CONTEXT


Theme 1. Indigo's People & Communities

Strategic Objective 1.1 Our community members are physically and mentally healthy and active

Strategic Action 1.1.5 Conduct and audit and review of play parks across the Shire

The Play Parks Review and Strategy aligns with the Council Plan, Indigo Shire Council’s Municipal Health and Wellbeing Plan, Active Indigo Recreation Plan recommendation item 6 and Council’s Early Years Plan. It also aligns with relevant masterplans for precincts that reference the future development of a play space. The recommendations from this Strategy will also be incorporated into the Yackandandah Place Plan as relevant.


Play is an essential part of childhood as it supports the development of physical strength, balance and coordination. It creates opportunities for socialising, learning, problem solving, imagination, creativity and confidence. By having a clear direction that reflects community input we can develop spaces to encourage social connections for local families. Through play, children gain a sense of connection to place. This strategy will support the development of a sense of place and connection to the surrounds when renewing existing spaces or building new ones. This is emphasised in the guiding design principle themes of “Identity” and “Connection” and the recommendation for the gradual introduction of play elements reflective of the local surroundings.


The strategy provides guidance to ensure play spaces are well planned, designed, and made of sustainable materials and practical for the environments in which they are located.



Approved Budget

$

This Proposal $

Variance to Approved Budget $

Comments

Revenue

Expense 15,000 16,045 (1,045) A variation of $2,090 was to pay for extra stakeholder consultation workshops. This variation has been equally split between the Early Years and Play Parks strategy processes at a cost of $1,045 each.

Net Result (15,000) (16,045) (1,045)

Table 5 provides indicative cost estimates for all recommendations. Table 8 outlines the 10 year capital renewal budget for playgrounds across the Shire, however it should be noted significant projects will require additional funding that will be considered via the annual Council budgeting process or for external grants.


The Australian Standards for Playgrounds have been investigated to ensure user safety and risk have been considered. RISK & OPPORTUNITY MANAGEMENT


The Play Parks Review and Strategy does not reflect community expectation regarding the priority areas in the plan.

Unlikely Moderate Low Extensive community consultation and research has been undertaken.

The strategy raises unrealistic community expectation regarding immediate play space improvements.

Unlikely Moderate Low The strategy outlines the short, medium or long term timeframes for implementation.

COMMUNITY ENGAGEMENT CONSULTATION/COMMUNICATION UNDERTAKEN



Involve We will work with you to ensure that your concerns and aspirations are directly reflected in the alternatives developed and provide feedback on how input influenced that decision.

Kids’ voice sessions, online surveys, Council officer workshops, service provider workshops, Councillor workshops.


The community engagement was conducted jointly with the development of a draft Early Years Plan. The period began on 1 March 2019 and officially concluded on 22 March 2019. A mix of engagement methods were used to engage more than 300 people during the engagement period.

In addition to the above activities, a Councillor Workshop was conducted on May 14, 2019. See attached Community Engagement Report for more detail. CONSULTATION/COMMUNICATION PROPOSED




The draft Review and Strategy will be open for public consultation once endorsed by Council. Any submissions received will be presented to Council for consideration. An additional community engagement plan will be developed to ensure key stakeholders are targeted for input during the draft exhibition period.

During the public exhibition period for the draft Review and Strategy Council undertook the following:


Consultation / Promotion Date

Weekly Updates – Email out to residents. 26/09/19, 20/09/19, 13/9/19, 06/09/19

Facebook Posts 01/09/19 – 30/09/19

Email to Service Providers asking for comments including - Beechworth Montessori, Kiewa Valley Kids, Yackandandah Kindergarten, Rutherglen Kindergarten, Beechworth Child Care, Little Yacks, Chiltern Kindergarten, St Joseph’s Beechworth, St Joseph’s Chiltern, St Mary’s Rutherglen, Yack Primary School, Greater Hume Family Day care, St Joseph’s Playgroup, Chiltern Playgroup, Yackandandah Playgroup, Barnawartha Playgroup, Rutherglen Playgroup, Country Buddies Wahgunyah. 09/19

Have your say page on the website for the Review and Strategy 01/09/19 – 30/09/19

Specific feedback received included the following:

Feedback How this has been addressed

The Wahgunyah Community would like to be included in the Indigo Shire Council parks review and strategy for the development of Wahgunyah

The development of the Review and Strategy has included Wahgunyah in the background research and literature review. It references the Wahgunyah Railway Land Reserve Master Plan. Wahgunyah has 3 specific recommendations (25, 26, 27) included in Table 5. town specific recommendations and opportunities

CONCLUSION

The development of this Play Parks Review and Strategy has involved community consultation and research. It has provided Council with an audit of current play spaces, a hierarchy framework of spaces, guided design principles relevant to play spaces and key recommendations. These recommendations will help guide Council decision making during Play Space renewal discussions and assist in prioritising enhancements over the coming years. DECLARATION OF CONFLICT OF INTEREST


Mark Florence – Director Community & Economic Development

Carlene Lamanna – Manager Community Development

Sven Erikson – Community Development Coordinator

Attachments

1. Play Space Review and Strategy 2019-2029

2. Play Parks Review and Strategy - Community Engagement Report




11.2 EARLY YEARS STRATEGY 2019-2024



For Decision

RECOMMENDATION

That Council adopts the Early Years Strategy 2019-2024.

RESOLUTION

That Council defers this item off the agenda until further consultation has been done. Moved: Cr Price Seconded: Cr Shepheard

CARRIED

PURPOSE OF REPORT

This report is to present the Early Years Strategy 2019-2024 for adoption, following a 30 day public exhibition period. Submissions received during this period are summarised in this report. BACKGROUND

Indigo Shire Council has prioritised the needs of children (aged 0-12 years) and families within the Council Plan 2017-2021 and Municipal Public Health and Wellbeing Plan 2018 -2021. The Early Years Strategy 2019-2024 will set the approach and outline the actions needed to improve the wellbeing of children across the shire. It is widely accepted that the early experiences of a child can have long lasting consequences. Council recognises the importance of local supports during the early years of children’s lives to set children along a positive developmental path. Council also understands the positive developmental impacts high quality services have for babies and young children. The strategy aims to outline the services, infrastructure and enabling environment needed to ensure a future vibrant and strategic early years sector in Indigo Shire. The approach to the strategy aligns with the State Government’s early years reform Education State Early Childhood Reform Plan. DISCUSSION

Development of this strategy has included the following project phases:

Data and literature review

Baseline Report development

Community Engagement

Draft Strategy

Final Strategy


A research and literature review was conducted in early 2019 and included the analysis of available early years data, a policy and strategies review (local, regional, state and national), an examination of Council’s service delivery data and a consideration of the Shire’s current demographic data. This was collated into the Baseline Report attached to this report. The results of this phase indicated that four out of five babies are being breastfed after discharge from hospital, participation in two- and three-year-old Maternal and Child Health assessments has increased, immunisation rates are on par with the state average and kindergarten participation has increased. However, children in their first year of school are becoming increasingly developmentally vulnerable in their physical health, social competence, language and communication skills. There has also been an anecdotal increase in family vulnerability and violence. Other key early years’ sector policy reforms which have informed the strategy include the commencement of funded three-year-old kindergarten and the kindergarten central enrolment scheme. The governance and systems changes required for these reforms are significant for early years’ services shire-wide. The project’s community engagement phase included:

Approximately 100 people attending Kids’ Voice Sessions in Rutherglen, Chiltern, Beechworth, Yackandandah and Kiewa/Tangambalanga.

117 Indigo Shire families completing an online survey.

Two workshops for early years’ service providers, attended by 21 people.

Meeting with Council officers, including a meeting of Maternal and Child Health nurses.

An online survey completed by nine different early years’ service providers.

A Councillor Workshop. The Kids Voice sessions were structured to create an interactive environment where children could express their views and desires to inform the development of the strategy. The results of the community engagement phase of the project has been summarised in the attached community engagement report.


The strategy includes a guiding vision for early years including the following:

Children are healthy, happy and safe in their communities.

Families feel supported in raising a family and have access to the services and support they need for their children.

Indigo Shire is inclusive, connected and child friendly.

Every child has an equal and best start in life.

Children participate in the community, and are engaged in decisions about services and infrastructure that impact on them.

Based on the research and consultation phases, three strategic priorities have been identified:

Strategic priority 1: Strengthening families and children’s environments focusses on ensuring early years’ services and infrastructure meet the needs and demand of our growing and changing communities.

Strategic priority 2: Community Spaces and places involves families and children having access to spaces that create connections and provide learning opportunities through play, that people are connected to outdoors and people.

Strategic priority 3: Learning and development is ensuring every child is equal and has access to services and programs that provide the best learning and development outcomes.

Options

Council may decide not to proceed with the Early Years Strategy, or request further work to the document. It is recommended that the Early Years Strategy is endorsed by Council.


STRATEGIC CONTEXT



Strategic Objective 1.2 Our community members are connected and have equal access to services and each other

Local government takes a leadership role in early years planning and creating partnerships that improve outcomes for children and their families. This approach is supported by Supporting Children and Families in the Early Years: A compact between DET, DHHS and Local Government 2017-2027. The early years’ sector and families are of high priority in the Indigo Shire Council Plan 2017-2021 and Municipal Public Health and Wellbeing Plan 2018-2021; this ensures the early years are represented in Council planning for services and infrastructure. SOCIAL/COMMUNITY IMPLICATIONS Council plays an important role in ensuring that the early years community feel safe, can grow, develop and have a vibrant future that is supported by infrastructure, services and enabling environments. Creating improved environments, networks and programs within the early years sector will contribute to further community connections. ENVIRONMENTAL IMPLICATIONS

Any recommended action items relating to capital infrastructure will align with Environmental Sustainable Design principles and relevant Council policies and plans. FINANCIAL IMPLICATIONS

Approved Budget

$

This Proposal $


Comments

Revenue

Expense 15,000 16,045 1,045 A variation of $2,090 was to pay for extra stakeholder consultation workshops. This variation has been equally split between the Early Years and Play Parks strategy processes at a cost of $1,045 each.

Net Result (15,000) (16,045) (1,045)

Any additional projects, services and initiatives with financial implications beyond the current Early Years budget will be presented to Council for a decision as relevant or external funding will be sought.


Child Safe legislation has been considered in the development of this strategy.




The Early Years Strategy does not reflect community expectation regarding the priority areas in the plan.

Unlikely Moderate Low Extensive community consultation and research undertaken. A public exhibition period will allow additional input from the community.

The strategy raises unrealistic community expectation regarding immediate early years strategic action implementation.

Unlikely Moderate Low The strategy outlines the short, medium or long term timeframes for implementation.






Kids voice sessions, online surveys, Council officer workshops, service provider workshops, Councillor workshops.

The community engagement was conducted jointly with the Play Parks Review and Early Years Strategy 2019-2029. The period began on 1 March 2019 and officially concluded on 22 March 2019. A mix of engagement methods were used to engage over 300 people during the engagement period.


In addition to the above activities, a Councillor Workshop was conducted on May 14, 2019. CONSULTATION/COMMUNICATION PROPOSED




The draft Strategy will be open for public exhibition and consultation following Council endorsement. Any submissions received will be presented to Council for consideration. An additional community engagement plan will be developed to ensure key stakeholders are targeted for input during the draft exhibition period.

During the public exhibition period for the draft Strategy Council undertook the following:

Consultation / Promotion Date

Weekly Updates 26/09/19, 20/09/19, 13/9/19, 06/09/19

Facebook Posts 01/09/19 – 30/09/19

Email to Service Providers asking for comments including - Beechworth Montessori, Kiewa Valley Kids, Yackandandah Kindergarten, Rutherglen Kindergarten, Beechworth Child Care, Little Yacks, Chiltern Kindergarten, St Joseph’s Beechworth, St Joseph’s Chiltern, St Mary’s Rutherglen, Yack Primary School, Greater Hume Family Day care, St Joseph’s Playgroup, Chiltern Playgroup, Yackandandah Playgroup, Barnawartha Playgroup, Rutherglen Playgroup, Country Buddies Wahgunyah. 09/19

Have your say page on the website for the Review and Strategy 01/09/19 – 30/09/19


Specific feedback received included the following:

Feedback How this has been addressed

The Yackandandah Kindergarten is in need of building infrastructure to cater for the 3 -year-old kinder and they also need help to provide before and after kinder care.

This is addressed in Priority 1 (page 25) and specifically in the Key Opportunities table on page 26

I support the Priority 1 infrastructure needs relating to childcare and kindergarten services in our communities. I am in Yackandandah and am experiencing a shortage of places available at the childcare and Kindergarten. Investment in childcare facilities and kinder facilities to meet the population of the community is needed.


I would like to see a new children's hub in one place where it will provide services to the children and families in the Indigo Shire especially Beechworth Area.(Kindergarten, Child Centre, Toy Library, Parents support group, Children's Health Centre etc.) A facility that is environmentally friendly and also accessible to all people in the community.


CONCLUSION

The development of this Early Years Strategy has involved detailed consultation and research. The recommendations under the three key priority areas of Strengthening families and children’s environments, Spaces and places and Learning and development will ensure the needs of the shire’s early years population is prioritised. DECLARATION OF CONFLICT OF INTEREST





Attachments

1. Early Years Strategy 2019-2024

2. Early Years Strategy Baseline Report

3. Early Years Strategy Community Engagement Report





11.3 DRAFT INDIGO CULTURAL HERITAGE ADVISORY COMMITTEE

File No: 2019/876 Susannah Doyle - Manager Tourism Community & Economic Development

For Decision

RECOMMENDATION

That Council: 1. Endorses the draft Special Terms of Reference for the new Indigo Cultural Heritage Advisory

Committee. 2. Endorses Public Exhibition of the draft Special Terms of Reference for 30 days.

RESOLUTION

That Council: 1. Endorses the draft Special Terms of Reference for the new Indigo Cultural Heritage Advisory

Committee. 2. Endorses Public Exhibition of the draft Special Terms of Reference for 30 days.

Moved: Cr Shepheard Seconded: Cr Murdoch

CARRIED

PURPOSE OF REPORT

To present the draft Special Terms of Reference for the new Indigo Cultural Heritage Advisory Committee for Council endorsement and release of the draft for 30 days’ Public Exhibition. BACKGROUND

As a result of the Committee Review, two Advisory Committees were disbanded and the recommendation for a new committee to be formed was endorsed. In September 2018 Council’s Committee Review ‘Outcomes and Recommendations’ Report recommended a separate report be presented to a future Council meeting with the proposed Special Terms of Reference document and plans for formation of the new Indigo Cultural Heritage Advisory Committee. Heritage Advisory Committee and Burke Museum & Historic Precinct Advisory Committee These two committees operated separately and were reviewed individually, but were summarised in the Committee Review in combination because both committees advised Council on matters of built, cultural and natural heritage as well as future actions or plans that relate to the rich history and heritage of Indigo Shire. The Committee Review recommendation was:

That Council; In relation to the Burke Museum and Historic Precinct Advisory Committee;

i. Requests staff to transition the relevant objectives of this committee into a new Cultural Heritage Advisory Committee, and ceases operation of the BM&HP Advisory Committee, and;

In relation to the Heritage Advisory Committee


i. Requests staff to transition the relevant objectives of this committee into a new Cultural Heritage Advisory Committee, and ceases operation of the Heritage Advisory Committee, and;

ii. Requests staff to propose a new skills-based committee structure that will best address the new objectives of the Cultural Heritage Advisory Committee.”

DISCUSSION

Advisory Committee Structure The new advisory committee is to take a skills-based approach and will form a committee with specific skill sets to advance the objectives within the Special Terms of Reference. The plan is to establish a committee composed of individuals who offer:

1. Knowledge of place (Indigo Shire) and; 2. Skills and experience to:

1.1 Provide advice and recommendations to Council on policy and strategic direction pertaining to Cultural Heritage matters, and;

1.2 Advise and make recommendations to Council to augment the delivery and direction of shire-wide collections support, master planning, conservation and promotion of cultural heritage and to benchmark cultural heritage practises nationally and internationally.

Indigo Cultural Heritage Landscape

Community support, advocacy and passion for Cultural Heritage is recognised as a central attribute of Indigo. It is important that the Special Terms of Reference of the Indigo Cultural Heritage Advisory Committee clarify and define the role of this Advisory Committee and this report provides the local context outlining the many active and engaged cultural heritage groups and networks across the Shire.

Both disbanded advisory committees comprised almost entirely of passionate local history and heritage advocates, most of whom actively participate, or participated in local historical or cultural heritage groups and associations. There are a number of key local groups actively supporting and advocating for cultural heritage preservation and promotion, these groups include, but are not limited to:

Indigo Heritage Network

Council’s Burke Museum & Cultural Heritage Manager developed an informal network of cultural heritage groups from across Indigo, in 2018. The network is in regular contact with the manager via phone and email, and through this accesses Council support in terms of strategic planning, grant writing and general community heritage issues. The network group meets regularly for:

o Skills based training sessions, and; o Round-table discussions on cultural heritage matters with an emphasis on problem

solving, issue identification, idea generation, shared learnings and insights, collaboration. This presents an opportunity for community matters to be raised with Council’s cultural heritage staff.


* Indigo Cultural Heritage Assistance Program Council’s Cultural Heritage team deliver a cross-shire staffing assistance program, where community cultural heritage groups have an opportunity to have Burke Museum staff working onsite at their venues. The new program is designed to strengthen contacts and ensure Council staff have practical, hands-on interaction with cultural heritage community groups and understand their needs.

* Regional Digitisation Program (Creative Victoria) Hosted by the Burke Museum, Creative Victoria is funding a regional digitisation officer, employed by Australian Museums & Galleries Association (AMaGA). The officer will assist cultural heritage and collections managers across the North East region to digitise (digital/online cataloguing) their collections. This program will initially run for 12 months, commencing in 2019.

Friends of the Burke

The Friends of the Burke have a membership approaching 250 and a strong committee of dedicated local community members, whose purpose is to support Burke Museum operations. The group actively supports the Burke Museum and the Cultural Heritage team on matters pertaining to the Museum. Council’s Cultural Heritage staff attend monthly meetings. Engagement between the association and the team is considered a critical element of museum operations.

National Trust Victoria

The National Trust launched a North East Branch on 12th October 2019. The intention is for the branch office to be located in Beechworth and manned by member volunteers from the local community.

Murray Network

Australian Museums and Galleries Association (AMaGA) conducts special interest groups across Victoria. The Murray Network membership is open to any AMaGA member and is for museums across the Murray region. The Network meets quarterly with strong Indigo attendance including the Burke Museum, the Chiltern Athenaeum and Stanley Athenaeum. It is open to all member museums and AMaGA members.

Yackandandah Museum

Rutherglen Historical Society / Rutherglen Museum

Chiltern Athenaeum

Stanley Athenaeum

Tangambalanga Historical Society

Wahgunyah Progress Association

Beechworth Cemetery Trust

Chiltern Cemetery Trust

Kiewa Cemetery Trust


Beechworth RSL

Rutherglen RSL

Kiewa RSL sub-branch

Chiltern Courthouse Committee

Beechworth Old Cranks Club

Beechworth CWA

Beechworth Heritage Association

Options

The skills-based composition approach seeks to cast a wider net including industry leaders (current or retired) with significant capacity to advance Councils efforts, outcomes and standing in Cultural Heritage. Many Councils have Cultural Heritage assets and operations, but Indigo has an opportunity to establish a leadership position with higher visibility, as a Council which actively engages with the Cultural Heritage sector, drawing advice from a wider geographic area and from within the sector, as well as within Indigo. The option for committee composition entirely at a local representative level is likely to result in some duplication of network and local associations’ operations, support and advocacy, with similar functionality to the disbanded advisory committees. STRATEGIC CONTEXT




Strategic Action 5.2.4 Finalise and implement the review of Council Committees

Forming a high functioning Indigo Cultural Heritage Advisory Committee supports the strategic recommendations within Council’s Tourism Strategy. SOCIAL/COMMUNITY IMPLICATIONS

Both the social and cultural fabric of Indigo’s communities are supported and enhanced by Council’s support and leadership in Cultural Heritage conservation and promotion. ENVIRONMENTAL IMPLICATIONS

A high functioning advisory committee has the capacity to bring Cultural Heritage best practise and benchmarking insights to Council to support constant improvement in sustainable Museum and Cultural Heritage preservation and promotion practises. FINANCIAL IMPLICATIONS

There is no Advisory Committee budget covering the costs of conducting meetings. Secretarial support resource is absorbed within normal operational budgets. LEGISLATIVE IMPLICATIONS

None.




Members of disbanded advisory committees may not be successful in gaining positions in the new committee. Council may receive a negative community response.

Likely Minor Low Outcomes of a successful committee, well promoted, will mitigate negative community sentiments. Engagement with key Cultural Heritage Groups at local level and with National Trust, Heritage Victoria and other State entities.





Inform We will keep you informed, listen to and acknowledge concerns and aspirations, and provide feedback on how input influenced the decision.

Public Exhibition period. Meetings with disbanded committee members. Presentation to Councillors. Recommendations explained in written communications.

CONSULTATION/COMMUNICATION PROPOSED




Open committee recruitment process. Criteria for recruitment process clearly defined. High level of communication on process and outcomes and committee outputs.

CONCLUSION

The proposed approach to forming a high functioning Indigo Cultural Heritage Advisory Committee will support Council in achieving its Cultural Heritage objectives. The committee proposed would have the capacity to augment Council’s visibility in the Cultural Heritage sector and assist Council to attain a leadership role in this sector. More importantly the aspirations and passion of the community for cultural heritage will be better served by a committee bringing best practise insights and associated strategic and operational advice and support to Council.





Susannah Doyle – Manager Tourism

Attachments

1. General Terms of Reference Advisory Committees

2. Draft Special Terms of Reference Indigo Cultural Heritage Advisory Committee




11.4 DRAFT RUTHERGLEN DESTINATION MANAGEMENT STRUCTURE REPORT

File No: 2019/889 Susannah Doyle - Manager Tourism Community & Economic Development

For Decision

RECOMMENDATION

That Council: 1. Notes and receives the Draft Rutherglen Destination Management Report and; 2. Places the report on Public Exhibition for 30 days.

RESOLUTION

That Council: 1. Notes and receives the Draft Rutherglen Destination Management Report and; 2. Places the report on Public Exhibition for 60 days.

Moved: Cr Trenery Seconded: Cr Murdoch

CARRIED

PURPOSE OF REPORT

The Draft Rutherglen Destination Management Structure report has been prepared by Tom Smith from MIA Tourism. The report presents his findings and recommendations following a review of the Destination Management (tourism structures) in Rutherglen. The draft report is presented to Council for receipt and noting, and authorisation of a Public Exhibition period of 30 days. BACKGROUND

Following the adoption of Council’s Tourism Strategy, the recommendation to review and optimise Rutherglen’s Destination Management Structure was instigated. The review objective was to examine and identify ways to resolve the structural fragmentation and complexity of Rutherglen destination management and optimise tourism and the visitor economy outcomes for the Rutherglen Area. Tom Smith was engaged to conduct the review, which commenced in April 2019. Three rounds of consultations were carried out with key stakeholder executives and a cross-section of industry providing preliminary and secondary information and input, with a final round of consultation presenting a preliminary discussion. The draft report presents findings and recommendations informed by stakeholder and industry input and professional industry insights. DISCUSSION

The report highlights and discusses options across a number of destination management issues:

Visitor Servicing in Rutherglen

The Rutherglen Wine Experience (wine region and wine experience)

Destination Rutherglen Inc.

The Rutherglen Wine Experience building ownership

Rutherglen Business/Industry Forum structure

Destination Marketing


Options

The report presents a number of options for the key Destination Management components. Recommendations were informed by industry and stakeholder consultations, as well as industry best practise. The option to leave existing structures in place was not supported throughout the consultation rounds, with a clear appetite from industry to streamline and optimise destination management structures and align resources and investment to optimise outcomes. STRATEGIC CONTEXT


Theme 3. Indigo's Economy

Strategic Objective 3.2 Indigo Shire has a thriving tourism industry

Strategic Action 3.2.1 Review and update the 2013 Tourism Strategy to develop Council's direction and competitive advantage consistent with the Regional Destination Management Plan

Council’s Tourism Strategy identifies a number of factors inhibiting the growth of Rutherglen’s Visitor Economy. The Tourism Strategy recommends a review and supports the Rutherglen Destination Management Structure review and draft report, with the intent to resolve the structural fragmentation issue and to support a revised Destination Management model with the capacity to deliver tourism and the visitor economy outcomes for the Rutherglen Area. SOCIAL/COMMUNITY IMPLICATIONS

Key input from the review consultation rounds identified the Visitor Information Centre as a critical hub for tourism in the Rutherglen Area. The retention of the service was identified as a community and industry imperative. There were few social or community implications raised by the review or recommendations within the report, IF the Visitor Information Centre was maintained and supported. The formation of an industry forum was identified as an important networking and strategic entity to represent and involve all industry sectors in the area. The dissolution of a Local Tourism Association (Destination Rutherglen) would have community implications if a networking entity was not established to support industry networks, advocacy and development. ENVIRONMENTAL IMPLICATIONS

N/A FINANCIAL IMPLICATIONS

Approved Budget $

This Proposal $


Comments

Revenue 0 0 0 0

Expense 15,000 15,000 0 Project Cost budgeted.

Expense 0 12,000 (12,000) Implementation management cost.

Net Result 15,000 27,000 (12,000)


There are three areas with financial implications raised by the recommendations within the report:

Visitor Services

Rutherglen Wine Experience Building

Implementation There are corresponding positive local economic (visitor economy) outcomes expected, and to be measured and reported, from the implementation of the recommendations. The management of Visitor & Industry Servicing in Rutherglen – taking the Rutherglen Visitor Information Centre into Council’s Visitor & Industry Services operations – has a financial implication. When current contribution to Destination Rutherglen is compared to the current costs of operation, including staffing at current levels, there is a nett reduction in Council’s costs, however this is reliant on current annual revenue generation figures. Maintenance of existing staff and volunteers is essential. The consideration of a purchase (or sale) of the Rutherglen Wine Experience building requires further work and the report recommends immediate discussions commence as part of any implementation plan. If Council were to purchase the Winemakers of Rutherglen’s 50% ownership of the building then Council could expect to pay 50% at market value. This cost, or ownership solution is not critical to the delivery of the other recommendations. If the implementation committee recommendation is progressed under an independent Chair then this would require a further project cost of $12,000. LEGISLATIVE IMPLICATIONS

N/A RISK & OPPORTUNITY MANAGEMENT


Industry concerns around changed structures and representation

Likely Moderate Medium Communication and consultation already undertaken, public forum during Public Exhibition period and

The key opportunity is to deliver an efficient and effective Destination Management model to Rutherglen, optimising existing investment and resources, and delivering growth of the visitor economy. COMMUNITY ENGAGEMENT





One on one consultations – 3 rounds. Report reflecting consultation input and insights.






Public exhibition and public forum. Representative implementation committee.

CONCLUSION

The Rutherglen Destination Management Structure Report presents a number of recommendations to simplify the governance and operational model currently in place. The objective is to remove the fragmentation of Destination Management in the Rutherglen Area, optimise the growth of the Visitor Economy and direct budgets and resources in a cohesive strategic direction. DECLARATION OF CONFLICT OF INTEREST


Mark Florence – Director Community & Economic Development Susannah Doyle – Manager Tourism

Attachments

1. Draft Rutherglen Destination Management Structure Report



11.5 BAARMUTHA PARK COMMITTEE OF MANAGEMENT - GOVERNANCE MODEL



For Decision

RECOMMENDATION

That Council: 1) Endorses a revised Section 86 Committee of Management for Baarmutha Park with the

following alterations:

Membership of the BPCOM to comprise one representative from each user group (general or executive member).

Two community representative positions to be appointed via a broad skills based selection process.

The Chairperson role to be rotated amongst committee members annually.

2) Notes that Councillors and Council officers will not be appointed to the Committee of Management but a Council officer will support the Committee for up to 6 months following these revisions.

3) Notes the intention to outsource the management of Baarmutha Park function centre to an external provider.

4) Allocates $2500, to be matched by a $2500 allocation by the BPCOM to support the

development of a Strategic and Master Plan for the Baarmutha Park Precinct.

5) Places the revised governance model on public display for 30 days and considers any feedback at the December 2019 Council meeting.

RESOLUTION

That Council: 1) Endorses a revised Section 86 Committee of Management for Baarmutha Park with the

following alterations:

Membership of the BPCOM to comprise one representative from each user group (general or executive member).

Two community representative positions to be appointed via a broad skills based selection process.

The Chairperson role to be rotated amongst committee members annually.

2) Notes that Councillors and Council officers will not be appointed to the Committee of Management but a Council officer will support the Committee for up to 6 months following these revisions.

3) Notes the intention to outsource the management of Baarmutha Park function centre to an external provider.

4) Allocates $2500, to be matched by a $2500 allocation by the BPCOM to support the

development of a Strategic and Master Plan for the Baarmutha Park Precinct.


5) Places the revised governance model on public display for 30 days and considers any feedback at the December 2019 Council meeting.

Moved: Cr Goldsworthy Seconded: Cr Price

CARRIED

Council Officer Ian Ellett left the meeting at 7.31pm whilst this item was discussed due to a conflict of interest.

PURPOSE OF REPORT

The purpose of this report is to present the options and recommendations for a future governance model for Baarmutha Park. This report is in response to Council’s decision at the December 2018 Council Meeting to suspend the Baarmutha Park Committee of Management and address action item 12 in the Active Indigo Recreation Plan. This topic was presented at Council Briefing on 06 August 2019. Feedback incorporated following this discussion included the following:

Changed chair rotation duration to 12 months.

Changed chair rotation to include all committee members including community members.

Incorporated the suggestion of additional capacity building and training for committee members to assist with governance responsibilities.

Developed Expression of Interest document for function centre (see attached).

Developed updated Instrument of Delegation (see attached).

Removed observer. BACKGROUND

Baarmutha Park is located on Crown Land for which Indigo Shire Council is the appointed land manager. The Baarmutha Park Committee of Management (BPCOM) is charged with the overall management and operation of the Baarmutha Park sporting facility. The BPCOM has previously included representation from the following user groups:

Beechworth Football Netball Club

Beechworth Wanderers Cricket Club

Beechworth Golf Club

Beechworth and District Hockey Club In addition, the committee has included representation from independent community members. Over the years, Council has assisted the committee to manage this significant facility. The level of assistance has varied. In May 2017 Council considered a report on the committee and adjusted the Instrument of Delegations to improve the function of the committee, including the removal of Community Member positions, appointment of a Council Officer to the committee and a Councillor as the committee Chair.

On 10 December 2018 the BPCOM held its Annual General Meeting. At this meeting no office bearers were nominated, leaving only Councillors in the formal positions of Chair and Deputy Chair. Subsequently, at the December 2018 Council meeting, Council resolved to suspend the Baarmutha Park Committee of Management and investigate the governance options for Baarmutha Park.


The Committee of Management has required Council intervention to reassess composition and governance arrangements twice in recent years. The following issues have been identified as contributing to governance instability at Baarmutha Park:

Function centre management

Utility costs allocation amongst user groups

Lack of financial management within the BPCOM

Some user group conflicts

Volunteer burnout

Lack of clear decision making processes

Absence of executive committee roles These issues will be discussed in further detail below, alongside how a revised Section 86 committee could address each.

DISCUSSION

1. Governance Review Objectives The objectives of the Baarmutha Park Governance Review were to:

Engage with Baarmutha Park stakeholders and community to develop and implement a new governance approach for Baarmutha Park.

Explore the alternative governance approaches for community facilities on Council managed land.

2. Governance Review Principles A set of governance principles were established to inform and guide the development of the preferred governance approach for Baarmutha Park. The principles are:

Community partnership – Council will partner with the community for the efficient and effective management of community recreation reserves.

Maximise participation – Community facilities will support and provide maximum opportunities for sport, recreation and physical activity to enhance and develop the health and wellbeing of the community.

Access for all – Community facilities will be accessible to all and broad community access along with shared multi use will be encouraged and supported.

Sustainability – Community facilities will be managed and operated under a sustainable structure that is financially viable and provides equity and fairness to all reserve users.

3. Governance Model Options

Investigations were undertaken into the various governance models for Baarmutha Park. These investigations identified four governance structures that have been implemented in various forms across community recreation reserves. These options informed discussions with the user groups and others.


The governance model options are:

Contract management by external operator

Head Lease held with one user group

Council management under an Advisory Committee

Section 86 Committee of Management under the Local Government Act

4. Community Engagement/Consultation Process and Outcomes

Council undertook engagement with the Baarmutha Park user groups and the wider community to

further explore the current governance issues at the site, consider, and develop the governance

options.

A meeting of the current user groups was held on 29 April 2019 where seven (7) people attended representing Beechworth Football Netball Club, Beechworth Wanderers Cricket Club, Beechworth Golf Club and Beechworth and District Hockey Club. The feedback provided by the user groups included:

Committee representatives are also executive members of the user groups and have significant responsibilities on top of the Baarmutha Park Committee of Management needs resulting in competing demands on volunteer time.

There has been a challenge in the continuity of representation and in most cases no hand over of information to new members.

Community representatives provide broader thinking however in the past there have been issues of conflict between user groups and community representatives. The users can see the benefit in general community representatives however believe a selection process is required for these positions.

The Committee of Management lacks a vision and purpose, which raised questions regarding the function and value of the committee.

Recent work delivered by Council and appointment of a bookkeeper has addressed the backlog of financial issues for which no representative was willing to take responsibility.

Council representatives’ committee attendance was inconsistent and did not support decision making.

Management of the function centre places a significant responsibility on the Beechworth Football Netball Club. The club is unable to make full utilisation of the asset for more community programs and events outside of their current usage. Any change in the management of this asset would need to protect the use and cost management to current user groups at the site.

Council officer involvement in the committee has supported the backlog of Committee action items.

The role of Chairperson could be rotated between committee members annually to share the responsibility and limit the long-term expectations on each individual.

There is goodwill and support from all user groups to improve the current situation of the Committee of Management.

The Committee of Management approach remained the preferred approach by the user groups with a major focus to be on improvements to Committee composition, the function centre management, and strategic vision and planning.


Council also undertook a community meeting on 13 May 2019. Thirteen people attended the meeting. Six attendees were general community members and not associated with the current user groups at the site. In addition, two written submissions were received, and a meeting was conducted with one resident. The following key themes were raised by community members:

Decision making requires community input outside the existing site user groups to ensure decisions are in the best interest of the community.

If the committee is to exist, it needs to improve its operation and be monitored more closely by the Council.

The facility and precinct requires a clear identity, vision and purpose.

A master plan is required that considers: o Location of the tennis club facilities.

o Future car parking capacity.

o Identification of capital priorities.

o Clarification regarding the golf course leased area and private land.

The role and purpose of Council involvement in the committee needs to be defined and clear to the community.

The function centre requires: o Input in the management of the facility by the wider community.

o Increased use for a variety of community events and activities.

o Clarification and awareness raising regarding the facility’s emergency management

role.

o Kitchen improvements to ensure major events are accommodated.

o Consideration of a community subcommittee or external provider to manage the

facility.

The Beechworth Lions Club has requested use of the grandstand as headquarters. The club would like to explore tenancy and representation on the Baarmutha Park Committee of Management.

The Beechworth Chain Gang has requested use of the space for training activities and have requested discussions with facility management to progress this. Currently, the club do not request committee of management representation.

An additional meeting was held on 23 July 2019 with previous Councillors involved in the

Committee of Management to obtain feedback on the issues experienced by the committee to

date and to discuss possible solutions. This discussion confirmed several of the issues identified

as contributing to the dysfunction of the previous committee.

5. New User Requests The following new user requests have been identified and the next steps with these requests are summarised below:


Beechworth Tennis Club: The Tennis Club has held several consultation sessions with the Committee of Management to discuss the current plans for constructing four new tennis courts and club rooms at the Baarmutha Park Site. The Tennis Club has been working with Council and consultants to finalise designs for the purposes of a planning permit. Council has supported the Tennis Club to apply for grants to assist with the funding of this new facility in addition to funds raised from the sale of the previous facility. These grant applications have been unsuccessful. The Tennis Club would likely become a new user group and member of the Committee of Management. A decision regarding the location of the new courts and the Tennis Club participation on the committee will be concluded in the near future. Beechworth Lions Club: The Lions Club has requested use of the Grandstand and the associated rooms underneath to operate as a head office. Council will follow a process to identify any other interested user groups in this facility prior to the finalisation of any usage arrangements. Council is the authorised body to conduct this process under the current Instrument of Delegation and this power does not sit with the Committee of Management. Beechworth Chain Gang: The Chain Gang has requested discussions with the Committee to discuss its activities and any future relationship with the Baarmutha Park precinct. It is recommended that the Chain Gang detail in writing its request for the Committee to consider with Council officer support. Options

1. Contract Management

This option would result in the dissolution of the Section 86 committee of management. An external business would be contracted to manage the site operations. Contract specifications would be developed by Council and user group requirements would be outlined. Agreements would be developed by the contractor with each user at the site. All operations and management would be delivered by the contractor.

Advantages:

Removal of reporting and responsibility from the community committee.

Council has systems in place to manage contractors.

Provides skilled operators to maximise the use and increase financial return of available assets.

Decisions can be made quickly. Disadvantages:

The contractor is not bound to accept requests or recommendation from users except if outlined in specifications.

Costs to council and community would be greater for the professional service.

Risk to reducing the community ownership and support for the site management and operations.


2. Head Lease

This option would result in the dissolution of the Section 86 committee of management. It includes a landlord (Council) and tenant arrangement where a lease is determined between the two parties. There is a requirement under a lease agreement for an incorporated body to become the leasee. This option would require one of the current user groups to become the leasee or the creation of a new body/incorporated body. Advantages:

A simple standard form lease agreement would require less Council officer oversight. Disadvantages:

This option would place a greater administrative burden on one of the user groups and may create disproportionate control and a loss of community oversight.

Community concern may create more Council officer involvement in the event the monopolisation of the site occurred by the tenant.

3. Council Management under an Advisory Committee

This option would result in the dissolution of the Section 86 committee of management. A new community advisory committee would be established to operate under new terms of reference.

Council would take on full responsibility and management decisions for the site. An administrator/external contractor for the function centre would be engaged. Advantages:

Reduction of reporting and responsibility to the community committee.

Advisory group still allows engagement with user groups.

Council has the systems in place to employ an administrator.

Contractor options could increase financial return of available assets. Disadvantages:

Limited power of an Advisory Committee to make decisions and take action.

Council decision making can take longer than if made by committee and subsequent costs to council will be far greater.

Operation and management costs are higher as in-kind and volunteer labour current provided by user groups are removed.

Risk to reducing the community ownership and support for the site management and operations.

Sets a precedent and possible expectation of replication for other s86 committee; this would increase facility management demands on Council.

4. Section 86 Committee of Management under the Local Government Act with variation to the

Instrument of Delegation (see attached draft)

This option is a variation of the previous arrangement and is the preferred option of current user

groups throughout the consultation period. The success of this option is reliant on the

development of a Strategic and Master Plan and ongoing Council officer support to the

committee for up to 6 months following the reappointment of the Committee. The changes to

representation from user groups has resulted in a more cohesive committee in its current form.


This option includes the following changes:

The Chairperson role is rotated amongst committee members annually. User groups nominate one representative (general or executive member) for the

Committee. Introduce two community representative positions to be appointed via selection process. Councillors and Council officers are not appointed as Committee of Management

members. Outsource the management of the Function Centre to a provider that meets the

requirements of the Committee of Management and the Beechworth Football Netball Club. (See attached proposed Expression of Interest template.)

Advantages:

Responds to current user group needs following community consultation. Maintains strong community oversight via user groups and additional community

member participation. Actions and decisions can be made directly by the Committee with minimal Council

involvement. Maintains the current financial commitment from Council

Disadvantages:

Potential user group conflict to occur.

The issues experienced under the previous Section 86 Committee have been listed below, along with a suggestion as to how the new model could address each.

ISSUE SOLUTION

1. Function Centre Management: The management of the Baarmutha Park function centre has required significant time investment from the Beechworth Football Netball Club. Keeping up to date with food premise regulation requirements, coordinating bookings and managing general infrastructure issues associated with the function centre has placed pressure on the Football Netball Club. There have been issues regarding profit/loss share from bookings between the Club and the Committee.

To be resolved via the recommendation to outsource the facility management.

2. Utility Cost Allocation: An equitable allocation of each user group’s share of the utility expenses remained unresolved for a long period. This inhibited the function of the committee as bills remained unpaid and no agreement could be reached regarding an equitable allocation.

This has now been resolved. Council officers directed a percentage split of utilities, and this has been accepted by all user groups.

3. Financial management: General oversight of user fees, utilities, maintenance expenses and other costs has been an ongoing challenge for the committee. There had been

Council officers recommended the introduction of a bookkeeper at a cost of $600 per year. This role has been in place since October 2018 and is recommended to


ISSUE SOLUTION

no Treasurer for 2 years. Very little financial planning and budgeting has been undertaken by the committee to date.

continue.

4. User group and Committee Conflicts: The conflict between community representatives and user groups had been an ongoing concern impacting the cohesive functioning of the committee.

There has been significant turnover of committee members in the past 12 months and the current representatives from user groups interact in a collaborative, respectful manner. They have indicated a clear intention to work together to manage the Park. The proposed introduction of two new community committee members will be carefully managed via a broad skills based selection process.

5. Volunteer burn out: User groups struggle to maintain volunteers for each particular sport associated with the facility. The additional time expectation to also contribute monthly to the s86 committee has resulted in a lack of volunteers and volunteer burn out.

Previously there was a previous requirement that committee members held an executive position on their user group committees. This will not be the case in the proposed model.

6. Lack of Decision making: There has been absence of decision making for strategic priorities for the Committee such as maintenance investments, new user group requests and requests to use the facility for a variety of other purposes.

This would be addressed with an immediate action to undertake the development of a Strategic and Master Plan to provide direction to the committee. Council officers would support the Committee of Management through this process.

7. Absence of executive committee roles: There has been a reluctance from committee members to take on any executive committee roles given the additional work required, in particular the role of Chairperson.

User groups indicated a rotating chair would go some way to resolve this issue. In addition, the bookkeeper has been introduced to reduce the workload of the treasurer position. Additionally, governance training including agenda and meeting management would be offered to committee members to increase skills and capacity.

STRATEGIC CONTEXT



Strategic Objective 1.1 Our community members are physically and mentally healthy and active

Strategic Action 1.1.3 Review and implement the actions of the Recreational Plan

This review aligns with municipal Recommendation action item 12 in the Active Indigo Recreation Plan – Explore the feasibility of introducing a new system of governance to better support and resource clubs and organisations, Eg. Leases with committees of management and sole use sports clubs and licences.



This facility is one of the largest community and sporting infrastructure assets managed by Indigo Shire Council. Having a functional governance arrangement for the site is essential to support appropriate management of the precinct. As recent consultation indicated, there is a strong community interest in a co-management approach. There is community interest in continuing to be involved in the leadership, operations, and future planning for the site. ENVIRONMENTAL IMPLICATIONS

Nil. FINANCIAL IMPLICATIONS

Approved Budget $

This Proposal $


Comments

Revenue 0 0 0

Expense $8,796 $11, 296 $2500

Net Result ($8,796) ($11, 296) ($2500) $2500 expense, matched by the BPCOM to undertake strategic and master planning with committee. Budgeted Asset Management Grant OF $8,796.

Baarmutha Park currently receive an Asset Management Grant from Council of $8,796; this is the largest grant distributed to any Council facilities from this fund. This level of funding will continue under the recommendations from this report. It is anticipated that there will be little to no financial impact for the re-establishment of the Section 86 Committee of Management. $2500 has been recommended to assist with the development of a Strategic Plan and Master Plan for the site. It is proposed that this will be matched by the Committee. Additionally, Council officer time must be considered in the ongoing interim administration requirements of the facility and in the delivery of the report recommendations. LEGISLATIVE IMPLICATIONS

N/A RISK & OPPORTUNITY MANAGEMENT


Financial costs to Council increase significantly if governance model not resolved

Unlikely Minor Low Recommended approach will mitigate negative financial implications for Council


Preferred governance Model does not have user group or community support.

Unlikely Minor Low Recommendations are responsive to community engagement and feedback from user groups’ recommendations.





Consult We will keep you informed, listen to and acknowledge concerns and aspirations, and provide feedback on how input influenced the decision.

User Group workshops, Community Meeting, Council Officer meetings

Engagement was undertaken with the community through the delivery of a user group workshop and community meeting. Each user group was represented at the user group meeting which included Beechworth Football Netball Club, Beechworth Wanderers Cricket Club, Beechworth Golf Club and Beechworth and District Hockey Club. The community meeting was advertised in Council’s weekly email update, on social media and a public notice was placed in the Ovens & Murray Advertiser and Border Mail newspapers. In addition, letterbox notification was undertaken to neighbouring properties of Baarmutha Park. Thirteen people attended the community meeting, two written submissions were received, and a meeting was held with a resident to inform the review. CONSULTATION/COMMUNICATION PROPOSED



Inform We will keep you informed. Website, Social Media, Direct contact to attendees of community meeting, contact to user groups. Public exhibition process for 30 days to ensure strong community support.

It is recommended the final governance model changes will be summarised and placed on public exhibition for community input for a 30 day period to ensure strong community support for the governance direction and to raise awareness regarding the community member composition changes.


CONCLUSION

Baarmutha Park is an important and valued community infrastructure asset. Since inception, the Committee has benefited from the dedicated work of many members of the community and sporting club representatives, not to mention significant support from Councillors and Council staff. Despite this, there have been several challenges which have been described and assessed in this report. These challenges have resulted in an inability to form a functioning committee over the years. The governance review has identified strong support and interest from user groups and community representatives to govern the facility under a section 86 committee of management. The recent work by Council officers during this administration phase has addressed many operational issues for which user groups were unable to address. The recommendations remove Council from facility operations and ensure there is a stronger strategic role for Council in assisting the committee. The strategic planning focus aims to deliver a stronger vision, purpose and clearer direction to the committee of management into the future. DECLARATION OF CONFLICT OF INTEREST





Attachments

1. Instrument of Delegation

2. Expression of Interest - Baarmutha Park Function Centre




12. INFRASTRUCTURE SERVICES

12.1 INFLUENZA PANDEMIC PLAN

File No: 2019/871 Brett Direen - Manager of Municipal Operations Infrastructure Services

For Decision

RECOMMENDATION

That Council adopts the Influenza Pandemic Plan (v2 2019).

RESOLUTION

That Council adopts the Influenza Pandemic Plan (v2 2019). Moved: Cr Goldsworthy Seconded: Cr Murdoch


The Municipal Emergency Management Planning process requires that emergency risks in a municipality be regularly assessed and evaluated. In the event of a risk being assessed as high, then a specific sub-plan addressing that risk be prepared as part of the Municipal Emergency Management Plan (MEMP). This report presents an updated Influenza Pandemic Plan for Council’s adoption. BACKGROUND

The Indigo Shire Municipal Emergency Management Planning Committee (MEMPC) have conducted a review of emergency risks using the Community Emergency Risk Assessment (CERA) process. This review identified Influenza Pandemic as a high risk emergency for Indigo Shire. As a result of these findings, a specific Influenza Pandemic sub plan was produced which is to be used in conjunction with the MEMP. This sub-plan requires regular review. The original Plan was developed and adopted in 2016. A complete review has recently been conducted by a sub-committee of the MEMPC which included Indigo Shire staff (Emergency Management Coordinator, Municipal Recovery Manager & Environmental Health Officers) as well as representatives from Department Health & Human Services (DHHS) and Beechworth Health Service. The amended plan presented with this report is the result of the review of the previous plan. This Plan was endorsed by the MEMPC on 4 June 2019 and was recommended to Council for adoption. DISCUSSION

The revised Influenza Pandemic Sub-Plan is designed to support the Municipal Emergency Management Plan. The aim of this sub-plan is to enable an integrated approach to response to an Influenza Pandemic outbreak.


Options

It is a legislative requirement that municipalities prepare, maintain and review their MEMP’s and sub-plans and no other alternative options are available. STRATEGIC CONTEXT


Theme 4. Indigo's Environment & Sustainability

Strategic Objective 4.3 Our Emergency Management is effective

Item 4.3.1 of the current Council Plan requires us to implement changes arising from the proclamation of an amended Emergency Management Act. While we continue to monitor the changes arising from this new act, we do not expect to see the direct implications in our emergency operations until state and regional procedures have been further developed over coming years. SOCIAL/COMMUNITY IMPLICATIONS

Community safety is essential and Council’s preparedness for emergency events is constantly evolving. ENVIRONMENTAL IMPLICATIONS

The implications of our changing climate, particularly in relation to more extreme weather events have been considered in the revision of this plan. FINANCIAL IMPLICATIONS

There are no financial implications associated with this plan. LEGISLATIVE IMPLICATIONS

Section 20 (1) of the Emergency Management Act 1986 outlines the requirements of a municipality to prepare and maintain an emergency management plan. RISK & OPPORTUNITY MANAGEMENT

The MEMPC has conducted an extensive risk assessment by use of the Community Emergency Risk Assessment (CERA) process. The results of this analysis are displayed in Part 4.5.5 of the MEMP. COMMUNITY ENGAGEMENT




Collaborate We will look to you for advice and innovation in formulating solutions and incorporate your advice and recommendations into the decisions to the maximum extent possible.

The review of this plan has been conducted in consultation with Victoria Police, Country Fire Authority (CFA), Parks Victoria, Department of Environment, Land, Water and Planning (DELWP), North East Water, State Emergency Service (SES), Department of Economic Development, Jobs, Transport and Resources (DEDJTR), Department of Education & Training (DET), Department Health & Human


Services (DHHS) and the Beechworth Health Service.


Consultation with the above organisations will continue as they are all participants in the Municipal Emergency Management planning process. CONCLUSION

The adoption of the revised Influenza Pandemic Plan will provide council and its partner agencies a clear direction in the management of Influenza Pandemic emergencies within the Indigo Shire Council boundaries. DECLARATION OF CONFLICT OF INTEREST


Chris Rule - Emergency Management Coordinator

Paul McLachlan - Municipal Emergency Resource Officer

Sven Erikson - Municipal Recovery Manager

Brett Direen – Manager Municipal Operations

Ian Ellett - Director, Infrastructure Services

Attachments

1. Influenza Pandemic Plan v2 2019



12.2 HEATWAVE PLAN

File No: 2019/872 Brett Direen - Manager of Municipal Operations Infrastructure Services

For Decision

RECOMMENDATION

That Council adopts the amended Heatwave Plan (v4 2019)

RESOLUTION

That Council adopts the amended Heatwave Plan (v4 2019) Moved: Cr Goldsworthy Seconded: Cr Price


The Municipal Emergency Management Planning process requires that emergency risks in a municipality be regularly assessed and evaluated. In the event of a risk being assessed as high, then a specific sub-plan addressing that risk be prepared as part of the Municipal Emergency Management Plan (MEMP). This report presents an updated Heatwave Plan for Council’s adoption. BACKGROUND

The Indigo Shire Municipal Emergency Management Planning Committee (MEMPC) have conducted a review of emergency risks using the Community Emergency Risk Assessment (CERA) process. This review identified Heatwave as a high risk emergency for Indigo Shire. As a result of these findings, a specific Heatwave sub plan was produced which is to be used in conjunction with the MEMP. This sub-plan requires regular review. The original Plan was developed and adopted in 2010. A complete review has recently been conducted by a sub-committee of the MEMPC. This sub-committee included Indigo Shire staff (Emergency Management Coordinator, Municipal Recovery Manager & representatives from Department Health & Human Services (DHHS). The amended plan presented with this report is the result of the review of the previous plan. This Plan was endorsed by the MEMPC on 4 June 2019 and was recommended to Council for adoption. DISCUSSION

The revised Heatwave Sub-Plan is designed to support the Municipal Emergency Management Plan. The aim of this sub-plan is to enable an integrated approach to response to Heatwave events. Options

It is a legislative requirement that municipalities prepare, maintain and review their MEMP’s and sub-plans and no other alternative options are available.


STRATEGIC CONTEXT



Strategic Objective 4.3 Our Emergency Management is effective

Strategic Action 4.3.1 Implement changes arising from the review of the Emergency Management Act

Item 4.3.1 of the current Council Plan requires us to implement changes arising from the proclamation of an amended Emergency Management Act. While we continue to monitor the changes arising from this new act, we do not expect to see the direct implications in our emergency operations until state and regional procedures have been further developed over coming years. ENVIRONMENTAL IMPLICATIONS

Community safety is essential and Council’s preparedness for emergency events is constantly evolving. FINANCIAL IMPLICATIONS

There are no financial implications associated with this plan. LEGISLATIVE IMPLICATIONS

Section 20 (1) of the Emergency Management Act 1986 outlines the requirements of a municipality to prepare and maintain an emergency management plan. RISK & OPPORTUNITY MANAGEMENT

The MEMPC have conducted an extensive risk assessment by use of the Community Emergency Risk Assessment (CERA) process. The results of this analysis are displayed in Part 4.5.5 of the MEMP. COMMUNITY ENGAGEMENT





The review of this plan has been conducted in consultation with Victoria Police, Country Fire Authority (CFA), Parks Victoria, Department of Environment, Land, Water and Planning (DELWP), North East Water, State Emergency Service (SES), Department of Economic Development, Jobs, Transport and Resources (DEDJTR), Department of Education & Training (DET), Department Health & Human Services (DHHS) and the Beechworth Health Service.



Consultation with the above organisations will continue as they are all participants in the Municipal Emergency Management planning process. CONCLUSION

The adoption of the revised Heatwave Plan will provide council and its partner agencies a clear direction in the management of Heatwave emergencies within the Indigo Shire Council boundaries. DECLARATION OF CONFLICT OF INTEREST


Chris Rule - Emergency Management Coordinator

Paul McLachlan - Municipal Emergency Resource Officer

Sven Erikson - Municipal Recovery Manager

Brett Direen – Manager Municipal Operations

Ian Ellett - Director Infrastructure Services

Attachments

1. Heatwave Plan, v4 2019



12.3 CLIMATE CHANGE POLICY ACTION PLAN

File No: 2019/814 Ian Ellett - Director Infrastructure Services

For Decision

RECOMMENDATION

That Council 1. Endorses a staged approach to delivering the key directions outlined in the climate

emergency declaration of July 2019 and that the first stage of the action plan list is developed as outlined in this report; and

2. Allocates $12,000 to provide resources to undertake this work.

RESOLUTION

That Council 1. Endorses a staged approach to delivering the key directions outlined in the climate

emergency declaration of July 2019 and that the first stage of the action plan list is developed as outlined in this report; and

2. Allocates $12,000 to provide resources to undertake this work.

Moved: Cr Goldsworthy Seconded: Cr Shepheard A division was called by Cr Trenery: For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Sophie Price and Diane

Shepheard Against: Cr James Trenery

CARRIED

PURPOSE OF REPORT

The purpose of this report is to present a proposal for the development of a Climate Change Policy Action Plan in accordance with the resolution declaring a climate emergency at the Council meeting held 30 July 2019. BACKGROUND

At its July meeting, Council made the following resolution: That Indigo Shire Council declares a Climate Emergency and in response:

1. Directs the CEO to;

Develop a Notice of Motion declaring a Climate Emergency for presentation at the next MAV and RCV State Council meetings.

Prepare an Advocacy Plan to encourage the State and Federal Government to do more to combat the effects of Climate Change;

Develop a Climate Change Policy Action Plan in consultation with the Indigo Shire Environmental Advisory Committee and the community, that will at a minimum examine the merits and efficacy of;


o Convening a series of public meetings to address and educate our community on the threat from Climate Change and develop a suite of ideas that they can undertake to mitigate and prepare for the changing environment.

o Selling the Council owned Buller Gas operation to fund the Environment and Sustainability Strategy Action Plan and the Climate Change Action Plan.

o Apply to the Essential Services Commission for a rate cap variation to fund specific actions within the Environment and Sustainability Action Plan.

o Purchasing low productivity cleared land within the Indigo Shire to plant it out with trees to capture carbon or encouraging other organisations and land owners to do the same.

2. Requests the Municipal Emergency Management Planning Committee to critically examine

the likely Emergency Management effects of Climate Change in the Indigo Shire and report back to Council on how best Council and the Community can prepare and plan in the long term to mitigate the risks and adapt to the increased likelihood of extreme events.

3. Notes that there will be a global day of action on 20 September 2019 and requests that the CEO use Council’s communication resources to help publicise this event

This resolution provides clear direction in responding to climate change. A climate emergency acknowledges that a ‘business as usual’ transition to addressing climate change is not fast enough, that urgent action is required and that those actions should be immediate, strong, effective and ongoing. DISCUSSION

The directions provided under the resolution implies the need for Council to accelerate its transition in addressing climate change. A well planned approach to responding to a climate emergency requires engagement with key stakeholders and appropriate resourcing. Consideration has been given to the best approach to responding to the declaration, recognising the various elements included in the resolution and the resources required to effectively deliver the outcomes. A ‘staged’ approach, beginning with the development of a basic action plan list, informed through targeted key stakeholder engagement followed by public consultation will provide immediate strong actions for Council to consider. It is estimated that $12,000 is required to complete this first stage. Resources would support facilitation expertise and consolidation of engagement outcome to develop the action plan list. It is proposed that the development of the first stage of the action plan would involve the following elements.

Reviewing the Climate Change Adaptation Action Plan which was developed in 2016 to align it with the updated policy;

Working collaboratively with the Indigo Environment Advisory Committee (IEAC) to establish key actions to be included in the Climate Change Policy Action Plan;

Engage with Council staff as well as some targeted community consultation (e.g. with people who made a submission on the Climate Change Policy with ideas for actions to be included) in relation to the Climate Emergency declaration and the draft action plan;

Placing the draft Action Plan on exhibition for the broader community to have an opportunity to provide input.


It is proposed that the Action Plan would include the actions identified in Council’s resolution (i.e. convening public meetings, reviewing Buller Gas, assessing the possibility of rate cap variation, and looking at purchasing low-productivity cleared land) but that these would not be examined in this stage of the project. It should also be noted that the development of an Emissions Reduction Plan is currently underway and aligns strongly with responding to climate change. This is already a funded initiative in the 2019/20 budget but is likely to be included in the Action Plan due its core purpose being to reduce carbon emissions. For subsequent stages, resourcing and budgetary requirements can be considered based on priorities and outcome of the action plan. The subsequent stages include scoping and defining the resource requirements to implement actions and updating Council’s Climate Change Adaptation Plan to align with Climate Change Policy and responding to the climate emergency. Options

To deliver the response in its entirety within a short time frame, requires significant resourcing. An all-inclusive approach would require additional staffing and outsourced expertise to provide advice, explore and develop business cases at a cost of approximately $35,000. This report recommends a staged approach with the first stage to develop the basic action plan in consultation with the Indigo Shire Environmental Advisory Committee and the community but without the work to fully evaluate and test the feasibility of the individual elements included in the plan. STRATEGIC CONTEXT



Strategic Objective 4.1 We support the reduction of carbon emissions and climate change adaption and mitigation actions

Strategic Action 4.1.4 Implement the Council's Climate Change Adaption Plan covering Council operations

In addition to responding to the climate emergency declaration, the development of an action plan list supports the delivery of the Climate Change Policy and Environment Strategy. SOCIAL/COMMUNITY IMPLICATIONS

Council adopted its Climate Change Policy 2019 at the July Council meeting which recognised that climate change is real and urgent threat to our environment, economy, health and lifestyle. Expectations for hotter and generally drier conditions in Indigo Shire, with increasing frequency and intensity of extreme climatic events, have implications for the continued delivery of local government services and maintenance of assets into the future. A range of local government functional areas are already faced with the impacts of heatwave, drought, fire and flood. Climate change impacts our community’s health and wellbeing, safety and economic prosperity. Planning for climate change ensures that the prosperity and liveability of the Shire is resilient to a changing environment.



Our climate varies. This climate variability means that some periods are cooler and wetter than average, while others are hotter and drier. However, due to climate change, the long-term average is changing. Future climate will be different from that in the past. Climate change will significantly impact on the biodiversity of our flora and fauna, increasing the level of disturbance in the landscape. FINANCIAL IMPLICATIONS

Approved Budget

$

This Proposal $


Comments

Revenue 0 0<<Enter text>>

0

Expense 0 $12,000 ($12,000) First stage

Net Result 0 ($12,000) ($12,000)

A staged approach to delivering the responses to the climate emergency enables Council to effectively manage and plan resource and budget requirements. It is proposed that this amount ($12,000) be funded from existing Council reserves and reviewed at the mid-year financial review in February 2020. Cost implications of not adapting, mitigating and building resilience to climate change are not accounted for but are projected to have significant cost impacts to Council and the community in the future.


No legislative implications. Supports the state’s Climate Change Act 2017 RISK & OPPORTUNITY MANAGEMENT


No action following declaration.

Unlikely Moderate Low Include stakeholders in development of actions, keep community informed community of planned actions, set timeframes for delivery of actions


Funding is not available to proceed with actions

Possible Minor Low Prioritise actions for implementation including the assessment of the process and value of selling Buller Gas and applying to the Essential Services Commission for a rate cap variation to consider resourcing the development of the plan. Implement all actions that have no associated costs.

OPPORTUNITY Indigo Shire Council is the first rural council in Victoria to declare a climate emergency. The inclusion of key stakeholders including IEAC, community members and state government representatives to inform the development of a climate change action plan list provides the opportunity to strengthen relationships, a local relevant action plan and confirms Indigo Shire Council’s leadership in addressing climate change. COMMUNITY ENGAGEMENT




Involve We will look to you for advice and innovation in formulating solutions and incorporate your advice and recommendations into the decisions to the maximum extent possible.

Facilitated workshop to inform the development of the action plan.

Consult We will keep you informed, listen to and acknowledge concerns and aspirations, and provide feedback on how input influenced the decision.

Public consultation, feedback on action plan.

The recommended staged approach to the development of an action plan would only provide a minimal consultation process to ensure there was an opportunity for community input alongside the work of the Environment Advisory Committee. CONCLUSION

Declaring a Climate Emergency has placed Indigo Shire Council as the leading rural Council in Victoria committing and responding to addressing climate change challenges. The development of the action plan list is the immediate next step to integrating strong mitigation, adaptation and advocacy measure across all Councils services and working with the community to build the resilience of our shire to adapt to the effects of climate change.


This proposal provides for the first steps in developing a feasible and achievable action plan to enable Indigo Shire to appropriately address its own declaration of a climate emergency. DECLARATION OF CONFLICT OF INTEREST


Ian Ellett, Director Infrastructure Services

Cydoni Edwards, Coordinator Sustainability and Environment.

Attachments Nil


12.4 TENDER RECOMMENDATION - CONTRACT PM19/08-0017-03 BEECHWORTH TO YACKANDANDAH RAIL TRAIL

File No: 2019/879 Ewen Oldmeadow - Manager Major Projects Infrastructure Services

For Decision

RECOMMENDATION

That Council: 1. Awards Contract PM19/08-0017-03 to Excell Gray Bruni for the construction of Section 2

(Yackandandah to Osbornes Flat) of the Beechworth to Yackandandah Rail Trail for the lump sum value of $651,887.00 (Ex GST), and

2. Authorises the CEO to sign the contract documents and affix the Council’s Common Seal.

RESOLUTION

That Council: 1. Awards Contract PM19/08-0017-03 to Excell Gray Bruni for the construction of Section 2

(Yackandandah to Osbornes Flat) of the Beechworth to Yackandandah Rail Trail for the lump sum value of $651,887.00 (Ex GST), and

2. Authorises the CEO to sign the contract documents and affix the Council’s Common Seal. Moved: Cr Trenery Seconded: Cr Shepheard

CARRIED

PURPOSE OF REPORT

The purpose of this report is to provide a recommendation for the award of Contract PM19/08-0017-03 Construction of Section 2 (Yackandandah to Osbornes Flat) of the Beechworth to Yackandandah Rail Trail. BACKGROUND

In September 2018 Council received a signed funding agreement for State Government funded Regional Partnership Investment grant providing funding of $5.2 million towards the construction of a 31 kilometre extension to the Murray to Mountains Rail Trail between Beechworth and Osbornes Flat. Council will contributed $1 million over the life of this project. The project will provide a world class rail trail connecting the two historic towns of Beechworth and Yackandandah. The trail will follow the existing rail formation as frequently as possible, traversing through pristine countryside and native woodlands. To manage the construction the project has been segmented into 7 Sections and will be constructed over 4 years from 2018 to 2021;

1. Section 1- Peach Drive to Kibble Lane, Beechworth 2. Section 2 - Yackandandah to Osbornes Flat 3. Section 3 - Fanning Lane and Factory Lane, Wooragee 4. Section 4 - Wooragee to the Yackandandah roundabout 5. Section 5 - Roundabout to Yackandandah 6. Section 6 - Magpie Creek


7. Section 7 - Kibble Lane Sections 1 and 3 are within budget and currently under construction. Section 2 - Yackandandah to Osbornes Flat is programmed to commence in late 2019 and is the subject of this report. The contract milestone requires that this section is completed by 28 February 2020. DISCUSSION

The tender works required pricing the section of Rail Trail east of Yackandandah township to Osbornes Flat and include works for construction of Rail Trail and sealing, drainage, with some fencing and gates required adjacent to stock grazing areas. The tender opened on the 27th September and was advertised on Council’s website, the Border Mail and Wangaratta Chronicle, closing on 17th October 2019. Four tender submissions were received. The tender evaluation panel reviewed the tenders against price, qualifications and previous experience, capacity for delivery and regional benefits. The evaluation panel undertook tender clarification and negotiations with the two top scoring tenderers with Excell Gray Bruni receiving the highest commensurate score. The panel shortlisted and recommended Excell Gray Bruni as representing the best value for Council based upon the agreed criteria. Excell Gray Bruni submitted the lowest tender, have relevant previous experience in successfully delivering Section 1 works and presented a construction program to complete the works within the nominated contract date. The company is located within the North East Region. The tender evaluation recommendation and evaluation matrix are provided as confidential attachments. STRATEGIC CONTEXT


Theme 2. Indigo's Places, Township & Infrastructure

Strategic Objective 2.3 Road and path networks are maintained and expanded

Strategic Action 2.3.1 Progress North East region Tracks and Trails extension and enhancements - specifically Beechworth to Osbornes Flat; Osbornes Flat to Huon

Construction of the Beechworth to Yackandandah Rail Trail projects supports Council’s Strategic Objective to expand Council infrastructure by providing a greater pedestrian and cycling network across the Shire. SOCIAL/COMMUNITY IMPLICATIONS

The increased pedestrian and cycling network provides infrastructure to promote a healthier lifestyle and increased active participation rate by connecting key community amenities including schools, sporting facilities and public recreational spaces. The existing strong cycling and mountain biking community and associated supporting business will be greatly enhance through increased tourism and local business opportunities.



A key focus of this project is to provide a cycling experience through the uninhibited natural environment. Preserving this environment is paramount to all decision making from planning and design to construction and the impact from tourism. Defining the construction impacts, and identifying how native vegetation disturbance can be minimised or avoided altogether is a strict process regulated by planning permit conditions. These conditions are applied controlled with Environmental Management Plans developed specific for each Section of the trail. The entire trail alignment is reviewed by qualified botanist and arborist to assess the potential impact on native flora and fauna. Where native vegetation can’t be avoided and must be removed the environmental impact is offset by securing similar habitat through the Department of Environmental, Land, Water and Planning (DELWP) Native Vegetation Offset Scheme. FINANCIAL IMPLICATIONS

Approved Budget

$

This Proposal $


Comments

Revenue ($650,000) ($650,000) $0,00 Contract is funded through State Government Regional Partnerships Investment

Expense $650,000 $651,887 ($1,887)

Net Result 0 ($1,887) ($1,887)


The works under this contract have been publicly tendered as required the Local Government Act 1989. RISK & OPPORTUNITY MANAGEMENT


Tender is not approved Unlikely Major Medium Robust tender procurement process gives Council confidence that due diligence has been applied to determine best value tender







Collaborated with the Rowdy Flat Track Group. Consulted with local horse riders. Collaborated with landholders with grazing licences that required adjustment and cancellation. Held community drop in sessions to enable community ideas to be heard.

A comprehensive consultation plan has been developed and implemented. The plan is reviewed and amended as required to capture the changing stakeholders and progress of the project. Due to the size and social complexity of the project a Project Steering Committee and Community Reference Group has been established. Roles of these positions include to assist and inform decision making based on community feedback. With each Section of the Rail Trail extensive engagement and communication is undertaken, including;

Project details and updates on the website

Drop in session held at appropriate locations relative to the Section

FAQ factsheet developed and widely distributed on social media and Council website

Letter box drop for affected local residents and business

Engage and align with other Council strategies being implemented (Yack Place Planning, Tracks and Trails etc.)





All landholders along the route will receive a letter before construction works commence. They have already received a Rail Trail project commencement letter after funding was successful.

Rail Trail Communications and Engagement Plan is a live document continuing updated (currently version 10 dated 7 October 2019). The website is continually updated with new information. Articles are provided each week for the weekly update, facebook posts are made regularly with footage of the construction and status update now included. CONCLUSION

Contractor Excell Gray Bruni has demonstrated the capacity to deliver the works with the lowest tendered price and is recommended to be awarded Contract PM19/08-0017-03 for the lump sum value of $651,887.00 (Ex GST) for complete construction of the Rail Trail as outlined in the tender submission provided.



Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report: Ian Ellett, Director Infrastructure Services Ewen Oldmeadow, Manager Capital Projects Paul McLachlan, Manager Assets and Property Penning Everingham, Rail Trail Project Manager.

Attachments 1. Tender Recommendation - PM19/08-0017-03 (Confidential)

2. Tender Evaluation Matrix - PM19/08/0017-03 (excluded from agenda) (Confidential)


12.5 BEECHWORTH GOODS SHED

File No: 2019/906 Ewen Oldmeadow - Manager Major Projects Infrastructure Services

For Decision

RECOMMENDATION

That Council 1. Reallocates $130,000 from Priority Building Renewal Works to the Beechworth Goods Shed

Refurbishment project, and 2. Awards Contract No 1920-045 for the Beechworth Railway Goods Shed Refurbishment to

Ultra Project Services for the Lump Sum Value of $439,921 excluding GST, 3. Authorises the CEO to sign the contract documents and affix the Council’s Common Seal.

RESOLUTION

That Council 1. Reallocates $130,000 from Priority Building Renewal Works to the Beechworth Goods Shed

Refurbishment project, and 2. Awards Contract No 1920-045 for the Beechworth Railway Goods Shed Refurbishment to

Ultra Project Services for the Lump Sum Value of $439,921 excluding GST, 3. Authorises the CEO to sign the contract documents and affix the Council’s Common Seal.

Moved: Cr Goldsworthy Seconded: Cr Trenery

CARRIED

PURPOSE OF REPORT

This report is to consider the scope of the refurbishment works on the Beechworth Goods Shed and associated budget implications and to consider tenders for the refurbishment works.

BACKGROUND

The 2017-2021 Council Plan identifies the progression of the Beechworth Railway Station and Goods Shed development and refurbishment as a Strategic Action and key piece of infrastructure to enhance the visitor experience, promote private sector investments and local job creation. Supported by increased local cycle tourism and the North East Victoria Cycle Optimisation plan, Council submitted an application for support funding to the Department of Industry Innovation and Science - Regional Jobs Investment Package – Local Infrastructure Stream. Council committed to contributing $230,000 towards the project with a 1 for 1 grant approval of $230,000 for a total project value of $460,000. The project involved the refurbishment of the Goods Sheds as a basic structure to allow community and commercial use of the space. Key elements of the refurbishment were; • Demolition and salvage of materials for reuse where practical, • New concrete flooring and retaining wall, • New roofing and wall panelling to ensure a water proof structure, • Reusing salvaging timber flooring on the upper deck,


• Upgrade the services existing services - power and water, • New doors and windows, • Disabled access • Painting and external works. It was always recognised that this project would be developed in stages and the works able to be achieved with this budget would represent Stage 1. Without further investment, through grant funding, private venture or Council allocated capital funds, use of the building is somewhat limited and the economic benefit will not be maximised. Refurbishment works were first tendered in April 2019. Two tenders were received, both well in excess of the original cost estimate and budget. Councillors were briefed on the results and the works were re-tendered with a reduced scope to better align with the available budget. Note that architectural and other costs already incurred leaves an estimated $370,000. Two tenders were received on the reduced scope of works with the lowest price being from Ultra Project Services at $439,921. Post tender discussions have identified further potential savings to fit within the available budget. A tender evaluation is included as a confidential attachment to this report. This option substantially delivers on the originally proposed stage 1 scope. Some unknowns and higher costs has resulted in a $180,000 reduction in available construction budget. These include;

An engineer’s assessment found the existing roofing structure failed current building regulation wind loading requirements and identified the structure would require additional bracing. These works are valued at $38,000

An investigation of the existing timber floor identified only 30% was able to be salvaged for reuse in the new building and there was no sub-flooring structure or retaining wall. As a result of these findings, a new concrete floor and retaining wall is required on the upper level. These works are valued at $94,000

Provision of new windows and doors that comply with building regulation requirement permit commercial use of the space are significantly more expensive than a lower class of building. These additional works are valued at $33,000.

The original scope allowed for connection to existing services (sewer, power and water) Further investigation with the electricity provider identified limited capacity in the transformer increase power supply to the site. It was also identified sewer would be required to connect back to the main trunk at a higher than estimated cost of $15,000

This reduction in available construction budget has meant the following elements of the original scope of works will not be completed; wall cladding rectification, surfacing of lower level floor, the full extent of door works and sewer connection. Award of this reduced scope of works will enable works to be completed and grant acquitted by April 2020 in accordance with revised scheduled funding agreement. OPTIONS

Consideration to the subsequent benefits of additional investment being made is summarised below. This is a key area of consideration for Council in the overall revitalisation of the railway precinct. Option 1 This option delivers building improvements within the available budget.


This level of works would provide a basic level of refurbished to the Goods Shed preventing further deterioration of the structure and allow acquittal of the RJIP funding agreement. Refurbishment works will include; new roofing with strengthening works, retaining wall and unpolished concrete floor to the upper level and gravel floor on lower level, external painting, stormwater connection, temporary infills at each end including doors and minimal power and external water only. The building in this form would be classified as a class 10a structure which would provide a space available for events hire under permit conditions and restricted use for display and wholesale of goods. It does not permit the sale of goods or services by retail.

Option 2 Refurbishment works will include in addition to Option 1; minor repair works to the exterior walls, concrete upper and lower level floors, repair of existing doors to a greater extent, improved electrical and water supply with sewer access and disabled access. This higher level of refurbishment including disabled access would provide a building with a Class 7b classification allowing unrestricted use of the space for display and wholesale of goods or retail service with the addition of toilets. A solid foundation for future refurbishment works supported by grants or private investment, Option 2 provides a more appealing opportunity for prospective tenants or other commercial engagement. This option is the subject of the recommendations in this report. Option 3 – Ready for commercial tenancy – future state A complete restoration of the existing structure to accommodate retail sales or services. Further investment from grants or the privet sector to fit out the building interior to individual retail requirements and specific occupational regulation would be required. Initial appraisals for leasing the Goods Shed once developed to a Class 6 structure are estimated at approximately $20,000 per annum. REFURBISHMENT COMPARISONS

Option Estimated Cost

$

Additional $ from

Council Includes Classification

Potential use

of building

1 $460,000 $0

Roofing Upper level concrete floor Minor power and water Stormwater connection

10a Events under permit conditions

2 $590,000 $130,000

Roofing Upper & lower level concrete floor Improved power and water Stormwater & sewer connection Accessible features Repaired walls New door at each end

7b

Display and sale of wholesale goods or with the addition of toilets limited commercial retail


Sewer connection

3 $750,000 $290,000

Roofing Upper & lower level concrete floor Polished concrete Improved power and water Stormwater & sewer connection Accessible features Insulated walls New door at each end Sewer connection Exterior accessible ramp Exterior loading dock

6 Commercial retail space

STRATEGIC CONTEXT


Theme 3. Indigo's Economy

Strategic Objective 3.2 Indigo Shire has a thriving tourism industry

Strategic Action 3.2.4 Progress development of the Beechworth Railway Station and Goods Shed precinct

The Beechworth Goods Shed is strategically located centrally in the Historic Railway precinct and adjacent to the major tourism draw card, Murray to Mountain Rail Trail. The refurbishment and re-activation of this structure is a Council Plan Strategic Action and will directly positively impact on Indigo’s economy through job creation and increased tourism. SOCIAL/COMMUNITY IMPLICATIONS

The refurbishment and introduction of a commercial investment in the Goods Shed will create jobs and increase tourism providing and economic boost to Indigo Economy. Increase tourist and local visitation to in the Railway Precinct will increase. Social infrastructure (lighting, amenities, signage etc.) for the Precinct should be reviewed to ensure no local residential anxiety. ENVIRONMENTAL IMPLICATIONS

Significant investigation and planning has been undertaken to maintain the existing structures cultural and historical heritage. Where possible existing materials will be salvaged and reused in the new building preserving the aesthetic qualities. Council’s heritage advisor has been widely consulted in the development of the refurbishment design and has provided good input. A materials audit has been undertaken to identify any potential hazardous substances. All construction works will manage by an Environmental Management Plan ensuring the safety and protection of the workers, public and local environment. Refurbishing the structure to a Class 5-6 building with a Building Regulation J Section report will increase the structures energy efficiency through passive design and reduced electrical consumption.


FINANCIAL IMPLICATIONS – Option 2

Approved Budget

$

This Proposal $


Comments

Revenue (230,000)

(230,000) Nil RJIP grant funding over 2 financial years

Expense 460,000 590,000 (130,000) This includes $20,000 contingency amount set aside allowing for additional unknown expenses.

Net Result (230,000) (360,000) (130,000)

In the 2019/20 FY budget $180,000 has been allocated to Priority Building Renewal Works (provisionally the Plate Layers Cottage). While it is recognised Project Officers are currently exploring restoration of the building in partnership with the community, no significant funding opportunities have become available. $130,000 could be allocated as Priority Building Renewal to the Beechworth Railway Goods shed which would leave $50,000 for community support projects.

The recommended contract amount in this report is approximately $440k. The works included in this tender price do not include some of the elements described in option 2. Some items still need to be procured which may involve other contractors or be approved as variations under this contract.

In addition, the funding of an additional $130k will provide for a contingency amount of around $20,000.


Procurement for this project has been undertaken by public tender which meets the requirements of the Local Government Act 1989. Due to the potential for this contract to exceed the CEO’s financial delegation if further funds were allocated, the recommendation is being presented to Council for a decision. RISK & OPPORTUNITY MANAGEMENT


Project cost exceeds the allocated budget

Unlikely Moderate Medium 1. Reduce the scope of works t within project budget

Construction works not completed within time frame

Possible Moderate Medium 1. Actively monitor and update the construction program 2. Communicate program changes to stakeholder groups 3. Seek an extension of time


Refurbished structure does not meet private investment expectations

Possible Minor Low 1. Clearly identify commercial requirements 2. Review leasing agreements and potential private funding





Consult We will keep you informed. Drop in Session Web site Social media

A communication plan was developed and identified the key message to be communicated and how it would be communicated;

Initial letter box drop to local residents and business in November 2018

Drop in session was held on 20 December 2018. Attendee contact details (email) were gathered to ‘Keep Informed’

A FAQ fact sheet was developed and widely distributed on social media and Council web site.

Project details and updates provided on Council’s web site

A new communication plan will be developed to keep the community and stakeholders informed of the revised project scope and progress





Email Drop in session attendees Social media updates Council web site

A new communication plan will be developed and key message identified to be communicated and how it would be communicated;

A new communication plan will be developed to keep the community and stakeholders informed of the revised project scope and progress

Project details and updates provided on Council’s web site

CONCLUSION

After a detailed analysis of the options available to Council for the refurbishment of the Beechworth Railway Goods Shed, it is considered that the provision of additional funding ($130,000) in accordance with Option 2 in this report represents the best value for money to Council and the community.


This option makes the space more useable than the “base option” and provides a space that will be attractive to commercial opportunities. It also bring it closer to the longer-term outcome and will be more attractive for further funding either from grant opportunities or private investment. DECLARATION OF CONFLICT OF INTEREST


Ewen Oldmeadow – Manager Capital Projects

Ian Ellett – Director Infrastructure Services

Attachments 1. Beechworth Goods Shed Tender Documents (Confidential)


13. EXECUTIVE MANAGEMENT

13.1 ADVISORY COMMITTEE MINUTES

File No: 2019/859 Dalene Voigt - Manager Organisational Development

Executive Management

For Decision

RECOMMENDATION

That Council receives the attached unconfirmed Advisory Committee minutes and endorses the officer comments.

RESOLUTION

That Council receives the attached unconfirmed Advisory Committee minutes and endorses the officer comments. Moved: Cr Price Seconded: Cr Murdoch


To provide Council with minutes, resolutions and accompanying officer comments from Council’s advisory committees for Council noting and endorsement of Officer comments. BACKGROUND

Created under section 3(1) of the Local Government Act 1989 (Act), Council currently has 7 advisory committees. The role of an advisory committee is to provide information and advice on issues relating to the committee’s specific area of expertise (i.e. the Environment Committee provides advice on environmental issues). Each advisory committee meets regularly (the frequency of which depends on the committee) and records minutes and resolutions for Council decision. Each resolution reported to this month’s meeting is highlighted in the table below, and has an accompanying officer comment. DISCUSSION

COMMITTEE DATE OF MEETING

Indigo Community Access Advisory Committee 9 September 2019

Audit Committee 16 September 2019

Indigo Shire Finance Advisory Committee 8 October 2019 – minutes not yet ready

Indigo Environment Advisory Committee 9 October 2019 – minutes not yet ready

Note: The timing of the agenda distribution will sometimes make it difficult to provide a complete month. Please note that any items not included will be recorded in the following month.


The resolutions from this Advisory Committee meeting and Officer Comments are outlined below:

COMMITTEE DATE OF MEETING

RESOLUTION OFFICER COMMENT

NIL

STRATEGIC CONTEXT




The provision of advisory committee minutes and resolutions to Council at the monthly meeting ensures that Council endorses the advice of the committees. This allows transparent decision-making and good governance.


There are no financial implications with this report.


Under section 3(1) of the local Government Act 1989 , an advisory committee is defined as:

" any committee established by the Council, other than a special committee, that provides advice to— (a) the Council; or

(b) a special committee; or

(c) a member of Council staff who has been delegated a power, duty or function of the Council under section 98.”

Council’s advisory committees do not have any delegated decision-making powers, instead they work under a terms of reference and provide advice to Council. The advice occurs in a variety of forms, including advice to relevant Council departments, as well as advice contained within resolutions that are reported to Council.

Some advisory committee meetings are open to the public and some are closed, however all minutes are reported to Council (with the exception of the Audit Committee - these meetings are held ‘in camera’ and the minutes are not available to the public – a Chair’s report is provided instead).



That advisory committee minutes and recommendations are not duly reported to Council.

Unlikely

Insignificant

Low

Governance team follow up with officer secretariats to ensure that all meetings are reported to Council as soon as practicable.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/lga1989182/s3.html#council

http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/lga1989182/s3.html#special_committee


http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/lga1989182/s3.html#special_committee

http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/lga1989182/s3.html#member_of_council_staff



CONCLUSION

The advisory committee minutes, resolutions and officer comments included in this report are presented to Council for noting and the officer comments for endorsement.



Dalene Voigt – Manager Organisational Development

Annabel Harding - Governance Officer

Attachments

1. Minutes - Indigo Community Access Committee - 9 September 2019

2. Chair' Report - Audit Committee - 16 September 2019




13.2 ANNUAL REPORT 2018/19

File No: 2019/866 Kate Biglin - Manager Engagement & Communications


For Decision

RECOMMENDATION

That Council considers and endorses the Indigo Shire Council Annual Report 2018/19, as required under Section 134 of the Local Government Act 1989.

RESOLUTION

That Council considers and endorses the Indigo Shire Council Annual Report 2018/19, as required under Section 134 of the Local Government Act 1989. Moved: Cr Goldsworthy Seconded: Cr Shepheard


To present the Annual Report 2018/19 to Council for consideration. BACKGROUND

Council provides a range of services to residents including the provision of roads, footpaths, bridges, libraries, waste, heritage, recreation reserves, tourism, the environment, pools and capital works. The Annual Report 2018/19 sets out achievements in these key areas for the full financial year 2018/19. DISCUSSION

Indigo Shire Council’s financial position at the end of 2018/19 was an operating surplus of $2.5 million, with $7.1 million cash on hand. Council invested $6.5 million in capital works during the year, and the project completion rate for approved projects was 71%. Other highlights included:

Indigo Shire Council received an overall performance score of 61 in the 2019 Community Satisfaction Survey, which was higher than the state-wide average and significantly higher than the average rating for councils in the small rural group.

Advocated for our community on issues including ambulance response times, mobile blackspots, access to childcare and kindergarten services, improved recreation and community facilities, police presence and the Rutherglen heavy vehicle alternative route.

Received a $1 million grant for the construction of the Beechworth to Yackandandah Epic Mountain Bike Trail.

Continued work on the Rutherglen Revitalisation Project, including the completion of works on Rutherglen Main Street and significant landscaping work at Lake King.

Work commenced on the Yackandandah Place Plan Project.

Opening of the new Chiltern Netball Courts.


Provided $76,000 in funding for community, event and festival grants and introduced a new $30,000 funding stream as part of the Active Indigo Grants.

Launched a new $20,000 Community Facility Energy Upgrade Grants Program.

Work started on the Beechworth to Yackandandah Rail Trail Project.

Developed a suite of sustainability strategies and policies including the Plasticwise Policy, Climate Change Policy and Environment Strategy.

Conducted community engagement for development of new strategies and policies to support people of all ages in our Shire, including Youth Strategy, Ageing Well Strategy and an Early Years Strategy.

Released a new Ageing Well Strategy and rolled out key projects, including Indigo Calling and Community Connectors, to support vulnerable members of our community.

Launched a new accessible and mobile-friendly Council website.

Installed a number of water bubblers across the shire.

Secured a grant and delivered a new library van with fit-out and hoist.

Upgraded swimming pools at Chiltern, Beechworth, Rutherglen, Tangambalanga and Yackandandah

Options

Not applicable. STRATEGIC CONTEXT




Strategic Action 5.2.2 Review and implement relevant changes arising from the review of the Local Government Act


There are a wide range of social/community achievements identified in the 2018/19 Annual Report including development of a new Indigo Shire Youth Strategy, implanting actions from the Active Indigo Recreation Plan and supporting initiatives to reduce family violence. ENVIRONMENTAL IMPLICATIONS

The Annual Report identifies a number of achievements in the Environment & Sustainability area including development of draft strategies in the areas of environment and waste, implementation of community facility upgrades and improved energy efficiency of Council buildings. FINANCIAL IMPLICATIONS

Approved Budget

$

This Proposal $


Comments

Revenue

Expense $3,000 $3,000 $0 Design expenses.

Net Result ($3,000) ($3,000) $0


The annual budget cycle commences each year with a strategic long-term planning day and is completed with the publishing of the annual report. The presentation of this report at this meeting therefore closes the loop on the 2018/19 cycle. The results are discussed at length in the attached Annual Report. LEGISLATIVE IMPLICATIONS

Section 134 of the Local Government Act 1989 requires Council to meet to consider the Annual Report after submitting it to the Victorian Minister for Local Government. The Annual Report 2018/19 was sent to the Minister on 30 September 2019, and this report and the attached Annual Report fulfil legislative requirements. RISK & OPPORTUNITY MANAGEMENT

The Annual Report 2018/19 provides a full account of Council’s progress against a range of required measures and forms part of the Council’s annual governance framework. Council has achieved good results against these measures. Council’s good results and transparent reporting mitigate any reputational risk. COMMUNITY ENGAGEMENT




Inform We will keep you informed. The Annual Report will be made available on the website and at Customer Service Centres. It will be promoted via Council’s communication channels.

CONCLUSION

Council successfully provided the Indigo Shire community with a range of services, initiatives and infrastructure in the financial year 2018/19. DECLARATION OF CONFLICT OF INTEREST


Erin Reeve – Media & Communications Advisor

Kate Biglin – Manager Engagement & Communications

Trevor Ierino – Chief Executive Officer

Attachments

1. Annual Report - 2018 / 2019



13.3 UPDATED 2019-20 ADVOCACY PLAN

File No: 2019/903 Kate Biglin - Manager Engagement & Communications


For Decision

RECOMMENDATION

That Council notes the updated Advocacy Plan.

RESOLUTION

That Council notes the updated Advocacy Plan. Moved: Cr Goldsworthy Seconded: Cr Price

CARRIED

PURPOSE OF REPORT

The purpose of this report is to present Council with the updated 2019-20 Advocacy Plan. BACKGROUND

Council’s Advocacy Plan sets out projects and initiatives that are beyond the capacity of Council, working alone, to resolve.

The Advocacy Plan supports Council to take advantage of advocacy opportunities that may arise in the future. These opportunities can be with little or no warning. The plan also assists with the prioritisation of projects and funding bids, especially when new funding programs become available. The items included in the Advocacy Plan are generally supported by strategic documents such as the Council Plan 2017-2021 Reviewed June 2018, the Municipal Health & Wellbeing Plan or other Council strategies and plans. They should be initiatives that Council cannot achieve alone and for which further funding or intervention is required. The Advocacy Plan is intended to be a live document and items of high community interest that arise outside of the timing of Council’s plans and strategies can also be included. DISCUSSION

The Advocacy Plan has been updated with items arising out of a range of strategic documents including Indigo Shire’s newly adopted Youth Strategy, Ageing Well Strategy, Environment Strategy, Resource Recovery and Waste Strategy, and Council’s resolution to declare a climate change emergency. Emerging issues have also been included from the draft Pools Development Plan, draft Early Years Strategy, draft Playparks Plan and draft Libraries Strategy. Community forums are also another channel for advocacy issues to arise.


There have been a number of advocacy outcomes since Council last updated its Advocacy Plan at its March 2019 meeting. Notably, $1 million was announced for the Beechworth to Yackandandah Epic Mountain Bike Trail, Victoria Police committed to an ongoing police presence in Chiltern, ambulance response times were highlighted in the state media and raised with State and Federal politicians, and State Solar Energy Facility guidelines were released. In addition, a range of funding applications were prepared and lodged. Some items have been removed from the updated plan. The items removed include the Epic Mountain Bike Trail following the successful $1 million funding announcement; funding for Placemaking Plans following Council’s decision to annually review placemaking priorities; funding for the Rutherglen Cycle/Walk Loop and Silos Precincts Masterplan following a funding allocation in the Indigo Shire 2019/20 budget; and European wasps, which remain an issue however there is no current advocacy action to pursue.

The updated Advocacy Plan is grouped into two lists. The first outlines advocacy items that Council is currently directing resources into active lobbying and advocacy. The second lists identifies projects, community issues and needs that are waiting for a funding or lobbying opportunity to arise.

Options

Council may wish to alter the updated Advocacy Plan, add or delete items. Council is not mandated to have an Advocacy Plan, but has committed to develop and pursue an advocacy plan as an action in the Council Plan 2017-2021.

STRATEGIC CONTEXT



Strategic Objective 5.4 We form effective partnerships and engage with the community to deliver outcomes

Strategic Action 5.4.1 Develop and pursue Council's adopted Advocacy Program


There are no immediate costs to implement the Advocacy Plan, however costs may arise on a project-by-project basis, and advocacy for grants would usually require Council to providing matching funding. Any requirement for funding associated with the Advocacy Plan would be subject to Council’s financial approval processes and policies. RISK & OPPORTUNITY MANAGEMENT


Failure to align the advocacy plan with community priorities

Unlikely Minor Low Consulting Council’s strategic documents such as the Council Plan to inform priorities.







Extensive collaboration in the formation of Council’s priorities through the Council Plan process and through the creation of other strategic documents and plans.




Inform We will keep you informed. Progress against Advocacy Plan items will be communicated as appropriate and as part of the Council Plan reporting process.

CONCLUSION

The updated Advocacy Plan sets out a broad range of opportunities that Council can advocate for in the 2019-20 year. The draft plan reflects the items considered most relevant at this time, but they may be added to or altered throughout the year. DECLARATION OF CONFLICT OF INTEREST


Kate Biglin – Manager Engagement & Communications

Trevor Ierino – Chief Executive Officer

Attachments

1. Advocacy Plan - updated October 2019



13.4 INSTRUMENTS OF DELEGATION

File No: 2019/689 Dalene Voigt - Manager Organisational Development


For Decision

RECOMMENDATION

That Council:

1. Delegates to the person holding the position, acting in or performing the duties of Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, subject to the conditions and limitations specified in that Instrument.

2. Delegates to the members of Council staff holding, acting in or performing the duties of the positions referred to in the attached Instrument of Delegation to Members of Council Staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument.

3. Authorises the CEO to affix Council’s common seal to the attached Instrument of Delegation to the Chief Executive Officer and Instrument of Delegation to Members of Council Staff. The instruments come into force immediately once the common seal of Council is affixed to the instrument.

4. Revokes all previous delegations to the Chief Executive Officer and to Members of Staff immediately once the common seal of Council is affixed to the updated instrument.

5. Notes that the duties and functions set out in the instruments must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

6. Notes that the Instrument of Delegation to the Chief Executive Officer includes a power of delegation to the Chief Executive Officer in accordance with section 98(1) of the Local Government Act 1989, and the Instrument of Delegation to Members of Council Staff is in accordance with section 98(3) of the Act.

RESOLUTION

That Council places the Instruments of Delegation on public exhibition for 30 days.

Moved: Cr Trenery Seconded: Cr Shepheard

CARRIED

PURPOSE OF REPORT

To present the updated Instruments of Delegation to Council for review and adoption. BACKGROUND

Council is given many powers, duties and functions under various pieces of legislation. It would be impossible for any Council to exercise all of these powers through formal meetings and resolutions and therefore Councils need staff to make decisions and act on their behalf for day to day


operations. When a Council delegates a power, duty or function to a member of staff, the decision of the delegate is deemed a decision of Council. Section 98 of the Local Government Act 1989 (‘the Act’) allows a Council to delegate its powers, duties and functions to the CEO and Council staff, and also specifies that the CEO can sub-delegate to staff the powers of a Council which have been delegated to him / her.

Council’s delegations are contained in seven different instruments. The following two require Council adoption and Council sealing - both are attached to this report, and appear in marked-up form to clearly indicate the changes since the last version:

1. The Instrument of Delegation to Chief Executive Officer allows the general delegation to the CEO (pursuant to section 98(1) of the Act) and is required to be adopted by Council.

2. The Instrument of Delegation to Members of Council Staff. Acts and Regulations, other than the Local Government Act, also give Councils the ability to delegate their powers, duties and functions directly to staff (not via a sub-delegation). These are contained in a separate instrument, which must be adopted by Council.

There are five additional instruments which allow for the powers from Council to the CEO to be further delegated to Council staff. These instruments come into force upon sign-off from the Chief Executive Officer, so do not need Council sign-off, and are not included in this report. DISCUSSION

At Indigo Shire Council, the instruments of delegation are reviewed every 12 months. The current instruments were adopted in February 2019, following an organisational restructure. This review focused on role title changes and directorate changes, and not the content. The content of the instruments was last reviewed in July 2018, so it is now time to again review and update the documents. Commencing in June 2018, the two instruments for consideration, the Instrument of Delegation to Chief Executive Officer and the Instrument of Delegation to Members of Council Staff were reviewed by Council’s executive team (EMT) in consultation with the Governance Officer. The review process contains multiple levels of review. Council has a subscription to Maddocks Lawyers Delegation and Authorisation Service. This is an industry-wide service for Local Government that provides Council with updates based on legislation changes (twice annually) and partially forms the basis of Council’s instruments of delegation review. The instruments were automatically updated with the Maddocks changes via the RelianSys Governance Software Suite. This web-based service was used for the first time during this review, and ensured that any risk of missing an updated provision has been eliminated. The software allows the instruments to be more accessible whenever clarification is needed as to how legislation is delegated. EMT considered the updated instruments using the online platform, providing delegates to newly inserted provisions and reviewing the existing delegations and position titles.


There were no content changes to the Instrument of Delegation to Chief Executive Officer, however, there were some significant changes to the Instrument of Delegation to Members of Council Staff which are summarised below. The changes have been incorporated into the updated instruments, which are attached to this report in marked-up form to identify the changes. The changes are summarised in the following table:

Instrument of Delegation to Chief Executive Officer

No content changes

Instrument of Delegation to Members of Council Staff

Act Comments

Local Government Act 1989 Addition of 2 new provisions

Planning & Environment Act 1987 Many new provisions due to changes in legislation

Minor changes made throughout – both minor wording changes and changes to roles delegated.

The changes to the Instrument of Delegation to Members of Council Staff are explained in more detail below: Local Government Act 1989 – the 2 new provisions relate to: s 181H - relates to environmental upgrade agreements.

Definition = a contract between a property owner, lender and Council, where a property owner borrows money for environmental upgrades and make repayments over a period up to 20 years, through a local council charge (Council then remits it back to lender).

The provision enables Council to delegate to the CEO the power to enter into an environmental upgrade agreement on behalf of Council and declare and levy an environmental upgrade charge (this is proposed to be delegated to CEO). The CEO cannot delegate this power to any other role.

s 185L(4) - relates to cladding rectification agreements.

Definition = a three-way voluntary agreement between an owner or owners corporation, lender and council to fund cladding rectification works. The lender will loan the funds to an owner or owners corporation and loan repayments will be made over time through the council rates system.

The provision enables Council to delegate to the CEO the power to declare and levy a cladding rectification charge (proposed to be delegated to Director Planning & Corporate Services). There is no restriction on CEO further delegating this power to staff.

Two amending Acts were introduced in 2018 – below is a summary of the new provisions due to these new acts. Planning & Environment Amendment (Distinctive Areas & Landscapes) Act 2018 This Act amends the Planning & Environment Act 1987 to provide for the declaration of distinctive areas and landscapes by the State Government.

Declared areas would be protected by a Statement of Planning Policy to ensure coordinated decision-making by public entities (state government, local Council and traditional land owners).


The provisions require Council to cooperate with any Statement of Planning Policy issued by the Minister.

Planning & Environment Amendment (Public Land Contributions) Act 2018 This Act amends the Planning & Environment Act 1987, introducing a land contribution model for the Infrastructure Contributions Plan system.

An infrastructure contributions plan (ICP) is a statutory document which imposes infrastructure contributions to fund the provision of infrastructure and secure land for public purposes.

The provisions lay out the process for managing infrastructure contribution plans, such as valuation and dispute resolution processes, responsibilities for collection and imposition.

Clarified special condition on s61(1) of the Planning & Environment Act 1987 Council requested that this provision contain a special condition to clarify the kind of planning application decisions that must remain with Council, and those which may be delegated to an officer. As such, planning applications must remain with Council (e.g. not delegated to an officer of Council) in the following circumstances:

when two or more objections are received, or one or more for a farm zone;

when the application is for a significant development. Significant developments include: - projects costing more than $2 million; - more than 10 lots are created; - for various land uses as described in the Indigo Planning Scheme under Cl.53 – see

delegation for specific types; - any other application which, in the opinion of the Director Planning & Corporate

Services, is likely to be of significant public interest or concern. Options

Do Nothing – this is not recommended for the reasons outlined in this report. Adopt the reviewed instruments of delegation, as attached to this report. STRATEGIC CONTEXT




Instruments of delegation allow for the considered and systematic delegation of many powers and duties that would be impossible for Council to perform in its own right. They enable tasks and decisions to be delegated to the appropriate roles, ensuring decisions are executed under the appropriate legislation and with the correct authority. SOCIAL/COMMUNITY IMPLICATIONS

The review of instruments of delegation assures the community that Council executes its decision-making processes in line with legislative requirements and within the appropriate roles. The provision of the instruments via this report enables the community to have full information on the roles that are responsible for the various delegations, ensuring maximum transparency. ENVIRONMENTAL IMPLICATIONS

There are no environmental implications with this report.



The management of Council’s delegations involves two annual subscription, including the Maddocks Delegations Service and the RelianSys Delegations module (web-based software which assists with the allocation and approval of delegations), both of which are funded within the budget. LEGISLATIVE IMPLICATIONS

Section 98(1) of the Act provides that a council may, by instrument of delegation, delegate to a member of its staff any power, duty or function of a council under the Act or any other legislation, other than certain specified powers. Section 98(2) provides that the Chief Executive Officer (CEO) may, by instrument of delegation, delegate to a member of the council staff any power, duty or function of his or her office other than the power of delegation itself. Other Acts also empower a council to delegate certain powers, duties or functions. For example, section 188 of the Planning and Environment Act 1987 and section 58A of the Food Act 1984, empower councils to delegate their powers under those Acts to members of council staff. There is a presumption that a power of delegation cannot be sub-delegated in the absence of express authority to do so. RISK & OPPORTUNITY MANAGEMENT


If delegations are not updated the legality of a decision or an action purportedly made on behalf of the council could be questioned.

Possible Moderate Medium Adopt the revised instruments.


The instruments have been reviewed by all appropriate stakeholders, including the Executive team and managers. CONSULTATION/COMMUNICATION UNDERTAKEN

No public consultation was undertaken. CONSULTATION/COMMUNICATION PROPOSED

No future consultation is proposed. CONCLUSION

In accordance with Council’s usual practice of regularly reviewing all delegations, the two instruments - Instrument of Delegation to the Chief Executive Officer and Instrument of Delegation to Members of Council Staff - have been reviewed to ensure that they are lawful, up to date and allow for the effective operation of the organisation.


Both of these documents require adoption by Council. DECLARATION OF CONFLICT OF INTEREST


Annabel Harding – Governance Officer

Dalene Voigt – Manager Organisational Development

Attachments

1. Instrument of Delegation - Council to Chief Executive Officer

2. Instrument of Delegation - Council to Council Staff




14. NOTICES OF MOTION

Nil reports


15. COUNCILLORS REPORT

15.1 MAYOR'S DIARY - SEPTEMBER 2019

For Information

DATE TIME FUNCTION/EVENT LOCATION

2 Sep 10.00am Festival of Short Walks – Media Launch Chiltern

3 Sep 9.30am Meeting with Sergeant Mal Clark Beechworth Officer in Charge

Beechworth

4 Sep 10.00am Meeting with Superintendents Paul Hargreaves, Beechworth Officer in Charge Mal Clark and Rutherglen Officer in Charge Brian Curran regarding Chiltern Crime statistics

Wangaratta

5 Sep 2.00pm Meeting with Chiltern Police Leading Senior Constable Deegan

Chiltern

9 Sep 8.30am Media interview Border Mail – Increase of crime phone

10 Sep 10.00am Media interview WIN & Prime – Visitor Information Centre break in

Beechworth

13 Sep 1.45pm Meeting with Victorian Planning Authority’s CEO Stuart Mosley and Executive Director Regional Victoria Brett Davis regarding Stanley Re-zoning.

Wodonga

16 Sep 10.30am Keep Victoria Beautiful 2019 Tidy Towns - Sustainable Communities Awards Regional Presentation

Beechworth

16 Sep 2.00pm Special Audit Committee Meeting Beechworth

16 Sep 2.00pm Media interview O&M regarding Sustainable Cities phone

17 Sep 10.00am Citizenship ceremony Beechworth

17 Sep 5.00pm Local Government Rating Review Consultation Wodonga

18 Sep 3.45pm Wahgunyah Railway Land Development Committee Wahgunyah

20 Sep 11.00am Meeting with Hon. Bridge McKenzie regarding Future Projects

Wodonga

22 Sep 1.00pm SS&A O&M Grand Final Wangaratta

25 Sep 8.00am Media interview 3NE, 2AY, HitFM – Garage sale trail

25 Sep 12.00pm Halls Solar mini grid launch – Totally Renewable Yackandandah

Yackandandah

25 Sep 3.00pm Meeting with Tony Dunn UPA Murray regarding Aged Care

Beechworth

26 Sep 12.00pm Meeting between Cr Gaffney, Cr Wortmann and Cr Thurley regarding MDA Region One

Albury

26 Sep 7.00pm Rutherglen Wine Show Awards night presentation Rutherglen

Attachments Nil


16. DECISIONS REGISTER

16.1 DECISIONS REGISTER

File No: 2019/863 Alexandra Digby - EA Mayor & Councillors Executive Management

For Information

Item 12.1 Beechworth RSL Lease

Date 30 April 2019

Resolution That Council: 1. Rescinds its decision of 27 February 2018 to grant a maximum 20-year

lease to the Returned and Services League of Australia (Victorian Branch) for the property at 111-113 Ford Street Beechworth;

2. Confirms its intention to enter into a lease with the Beechworth Returned and Services League (RSL) for a period of 50 years for its current club-rooms at 111-113 Ford Street Beechworth, and to enter into a separate lease with the RSL for the additional adjacent room (the Long Room) for a maximum 20-year period (10-year initial term plus 2 x five-year extension options) for an amount of $1.00 per annum for each lease;”

3. Officers place a public notice of the terms of the proposed new leases and receive submissions from the public in accordance with sections 190 and 223 of the Local Government Act 1989;

4. Should no objections be received by the nominated deadline in response to the public submission process, the leases be granted, signed and sealed by the Chief Executive Officer; and

5. Should any objections be received, a further report be brought to Council for it to consider the submissions and to make a decision in relation to the proposed leases.

Status RSL lease signed have returned to lawyers

Item 12.2 Resource Recovery and Waste Management Strategy

Date 25 June 2019

Resolution That Council:

Endorses the draft Resource Recovery and Waste Management Strategy 2019 to be placed on public exhibition for a period of one month.

Notes the associated Background Report and Draft Action Plan, which will be exhibited alongside the draft Strategy.

Status Completed

Item 11.1 Beechworth Railway Precinct Land Management Plan

Date 30 July 2019

Resolution To defer this motion until such time that discussions that are currently underway with DEWLP are finalised.

Status Completed


Item 12.3 Municipal Fire Management Plan Review

Date 30 July 2019

Resolution To defer the Municipal Fire Management Plan Review until Council is presented with further information at a future Council Briefing meeting

Status Completed

Item 14.1 Climate Emergency

Date 30 July 2019

Resolution That Indigo Shire Council declares a Climate Emergency and in response: 1. Directs the CEO to;

Develop a Notice of Motion declaring a Climate Emergency for presentation at the next MAV and RCV State Council meetings.

Prepare an Advocacy Plan to encourage the State and Federal Government to do more to combat the effects of Climate Change;

Develop a Climate Change Policy Action Plan in consultation with the Indigo Shire Environmental Advisory Committee and the community, that will at a minimum examine the merits and efficacy of;

Convening a series of public meetings to address and educate our community on the threat from Climate Change and develop a suite of ideas that they can undertake to mitigate and prepare for the changing environment.

Selling the Council owned Buller Gas operation to fund the Environment and Sustainability Strategy Action Plan and the Climate Change Action Plan.

Apply to the Essential Services Commission for a rate cap variation to fund specific actions within the Environment and Sustainability Action Plan.

Purchasing low productivity cleared land within the Indigo Shire to plant it out with trees to capture carbon or encouraging other organisations and land owners to do the same.

2. Requests the Municipal Emergency Management Planning

Committee to critically examine the likely Emergency Management

effects of Climate Change in the Indigo Shire and report back to

Council on how best Council and the Community can prepare and

plan in the long term to mitigate the risks and adapt to the

increased likelihood of extreme events.

3. Notes that there will be a global day of action on 20 September

2019 and requests that the CEO use Council’s communication

resources to help publicise this event

Status In progress, on agenda for this Council meeting.


Item 14.1 Climate Emergency

Date 30 July 2019

Resolution That Indigo Shire Council 1. Invite our local State and Federal representatives and the Minister

for the Environment to speak to Council in a public forum; and

2. If at a later date Council determines that we would like to hear

from further experts then we make that invitation available.

Status In progress, on agenda for this Council meeting.

11.1 Atauro Island Friendship Committee – Transition to Incorporated Association

Date 27 August 2019

Resolution That Council: 1. Supports the Atauro Island Friendship Committee’s transition to an

Incorporated Association; 2. Authorises the CEO to sign the Memorandum of Understanding

between Indigo Shire Council and the Atauro Island Friendship Committee once the transition to incorporation is completed;

3. Provides continuing Councillor and officer representation for the committee and attendance at meetings;

4. Continues to provide an annual financial contribution of $3000; 5. Notes the previous resolution of September 2018 to revoke the

Atauro Island Friendship Committee Instrument of Delegation once an incorporated association is in place; and

6. Sends a letter to the committee confirming the ongoing Council commitment to the Committee and acknowledging their work.

Status Completed

11.2 Draft Play Parks Review and Strategy 2019-2029

Date 27 August 2019

Resolution That Council endorses the Draft Play Parks Review and Strategy 2019 -2029 and places it on public exhibition for a period of 30 days.

Status On agenda for this Council meeting.

11.3 Draft Early Years Strategy 2019-2024

Date 27 August 2019

Resolution That Council endorses the Draft Early Years Strategy 2019-2024 and places it on public exhibition for a period of 30 days.

Status On agenda for this Council meeting.

11.7 Draft Library Strategy

Date 27 August 2019

Resolution That Council endorses the Draft Indigo Shire Library Strategy 2019-2024 and conducts community engagement for a period of 60 days.

Status In progress, currently on public exhibition.


7 Confirmation of Minutes from Previous Meeting

Date 24 September 2019

Resolution That Council: 1. Confirm the Minutes of the Ordinary Council Meeting held on 27 August 2019, as published on Council's website; and 2. Confirm the minutes of the confidential session held on the 27 August 2019 as distributed separately.

Status Completed.

10.1 August 2019 Finance Report


Resolution That Council accepts the August 2019 Finance report.

Status Completed.

10.2 In principle adoption of Councils Annual Performance Statement and Financial Statements


Resolution That Council 1. Pursuant to section 132(2) of the Local Government Act 1989, approves, in principle, the 2018/2019 Performance Statement and Financial Statements; and 2. Nominates, in accordance with Section 132(5) of the Local Government Act 1989, three Councillors, being Councillors Goldsworthy, Murdoch and Trenery, as signatories with authorisation given for any two of the nominated three Councillors to certify the 2018/2019 Performance Statement and Financial Statements (along with the CEO and Principal Accounting Officer) in their final form after any changes recommended, or agreed to, by the auditor have been made.

Status Completed

10.3 Update of the Audit Committee Charter


Resolution That Council adopts the attached Audit Committee Charter (2019).

Status Completed

10.4 Planning Permit extension and VCAT Action - 94 Indigo Creek Road, Indigo Valley


Resolution That Council 1. In relation to planning permit PP16-0035 1.1 Notes the advice provided in relation to planning permit PP16-0035 and the request made on 11 April 2019 to extend the permit. 1.2 Notes that a Section 173 Agreement setting out the agreed timelines for the construction of the works shown in the approved engineering construction plans for 94 Indigo Creek Road has been executed by the applicant and can be recorded on title once executed by Council. 1.3 Directs officers to arrange for the permit extension with a revised expiry date of 5 July 2020 The permit extension will also include endorsed plans showing roadworks. 1.4 Authorises the signing and sealing of the Section 173 Agreement


referred to in recommendation 1.2 above. 2. In relation to the fuel cell at 94 Indigo Creek Road, Indigo Valley; 2.1 Supports the lodging of an application for an Enforcement Order pursuant to Section 114 of the Planning and Environment Act 1987 with VCAT. The order is to seek the removal of the fuel cell and supporting infrastructure as currently installed at 94 Indigo Creek Road.

Status Completed

10.5 Assembly of Councillors Records


Resolution That Council accepts the attached Assembly of Councillors records.

Status Completed

10.6 Cue Springs Water Extraction Monthly Monitoring


Resolution That Council notes the Cue Springs Water Extraction facility monitoring report content, and the action undertaken where required.

Status Completed

11.1 Draft Chiltern Connectivity Plan


Resolution That Council endorses the Draft Chiltern Connectivity Plan and places the draft Plan on public exhibition for a period of 30 days.

Status In progress, on public exhibition

11.2 Draft Pools Development Plan


Resolution That Council endorses the Draft Pools Development Plan for further community engagement and that it be returned to the December 2019 Council meeting.

Status In progress, on public exhibition

11.3 Beechworth Railway Precinct Land Management Plan


Resolution That Council adopts the Beechworth Railway Precinct Land Management Plan July 2019.

Status Completed

12.1 Municipal Fire Management Plan Review


Resolution That Council endorses the Municipal Fire Management Plan 2019-2022

Status Completed

12.2 Tender - December 2018 Flood Recovery Works


Resolution That Council: 1. Notes the eligibility of infrastructure recovery works from the December 2018 storm event for funding to be provided under the Natural Disaster Financial Assistance program;


2. Subject to approval of works under this contract by the Department of Treasury and Finance, awards Contract No 19/14817 for December 2018 Storm Damage Rehabilitation to Jacksons Earthmoving Pty Ltd for the tendered value of $438,379 (excluding GST); and 3. Authorises the CEO to sign the contract documents and affix the Council’s Common Seal

Status Completed

12.3 Resource Recovery and Waste Management Strategy


Resolution That Council: 1. Notes the submission received regarding the draft Resource Recovery and Waste Management Strategy and endorses the officer comments; and 2. Adopts the Resource Recovery and Waste Management Strategy 2019.

Status Completed

13.1 Advisory Committee Minutes


Resolution That Council receives the attached unconfirmed Advisory Committee minutes and endorses the officer comments.

Status Completed.

13.2 Election Period Policy


Resolution That Council adopts the Election Period Policy 2019.

Status Completed

13.3 Appointment of Acting CEO


Resolution RESOLUTION 1. That Council appoints the Director of Community and Economic Development, Mark Florence as Acting Chief Executive Officer for the period 27 September to 4 October 2019 inclusive. 2. Mr Florence be authorised to exercise all powers and authorities reposed in the position of Chief Executive Officer for the period of the appointment as acting Chief Executive Officer

Status Completed.

Attachments Nil


17. GENERAL BUSINESS

Cr Murdoch attended the Keep Victoria Beautiful Tidy Towns – Sustainable Communities Awards in Dimboola last weekend and spoke about Beechworth taking out 2019 Tidy Town of the Year and how the work of Beechworth and the Shire’s communities were honoured at these Awards.


18. CONFIDENTIAL

RESOLUTION

That council resolves to:

That the Ordinary Meeting of Council move into Confidential session in accordance with Section 89(2)(d) of the Local Government Act 1989. Moved: Cr Price Seconded: Cr Goldsworthy

CARRIED

This meeting moved into Confidential at 8.00pm; members of the gallery were asked to leave; recording and live streaming ceased.

RELEASING OF COUNCIL MOTION IN CONFIDENTIAL SESSION TO THE PUBLIC SESSION

18.1 PROPOSED LEASE - FORMER BEECHWORTH LIBRARY, 1 HARPER AVENUE BEECHWORTH P/N 9263

RESOLUTION

That Council: 1. Gives public notice of its intention to accept the proposal from the Indigo Veterinary Service

for a lease of 10 years (with two 5-year options) at $22,100 p.a. (indexed annually); 2. In the event that no objections are received in response to the public notice process,

authorises the CEO to execute lease documents and to affix the Council’s Common Seal; 3. Notes that if any objections are received in response to the public notice process, a further

report will be presented to Council to make a decision on the proposed lease; and 4. Makes its resolutions in relation to this report public.

Moved: Cr Goldsworthy Seconded: Cr Murdoch

CARRIED

This meeting moved out of Confidential; members of the gallery were invited into the Chamber; recording and live streaming recommenced at 8.06pm.

Meeting Concluded: 8.07pm

Next Meeting: Statutory Council Meeting - Tuesday 12 November 2019 at 6.30pm Ordinary Council Meeting - Tuesday, 26 November 2019 at 6.30pm