minutes of ordinary council - tuesday, 25 august 2020...2020/08/25 · ordinary council minutes -...

ORDINARY COUNCIL MINUTES - 25 AUGUST 2020

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, 25 August 2020 at 6.30pm

LOCATION: Electronic Meeting via Zoom and broadcast on Council’s Website

ATTENDEES: NAME TITLE Cr Jenny O’Connor Mayor Cr Sophie Price Deputy Mayor Cr Bernard Gaffney Councillor Cr Larry Goldsworthy Councillor Cr Barbara Murdoch 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

Vision:

INDIGO: Heritage Shire - Bold Future.

These minutes of the Ordinary Council Meeting held on the 25 August 2020 of Indigo Shire Council were confirmed at the Ordinary Council Meeting held on the 15 September 2020. _________________________________ 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. CONDOLENCES .....................................................................................................................4

6. COMMUNITY AND COUNCIL ACHIEVEMENTS ........................................................................4

7. CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S) .................................................4

7.1. SUSPENSION OF STANDING ORDERS REGARDING OPEN FORUM ...........................................5

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

8. BUSINESS ARISING FROM PREVIOUS MEETING(S) .................................................................8

9. PETITIONS ......................................................................................................................... 10

10. PLANNING & CORPORATE SERVICES ................................................................................... 11

10.1 June 2020 Finance report ..................................................................................................11

10.2 July 2020 Finance report ....................................................................................................21

10.3 Borrowing and Investment Policy 2020 .............................................................................27

10.4 Establishment of Audit and Risk Committee and Adoption of Charter .............................31

10.5 Assembly of Councillors Records .......................................................................................36

11. COMMUNITY & ECONOMIC DEVELOPMENT........................................................................ 39

11.1 Carlyle Cemetery Strategic Plan 2020-2024 ......................................................................39

11.2 Rutherglen Visitor Information Centre ..............................................................................43

12. INFRASTRUCTURE SERVICES ............................................................................................... 52

12.1 July Capital Works Report ..................................................................................................52

12.2 Discontinuance of part of Road Reserve - 91 High Street Rutherglen ..............................57

13. EXECUTIVE MANAGEMENT................................................................................................. 62

13.1 Review of Council Plan 2017-2021 ....................................................................................62

13.2 Instrument of Appointment and Authorisation - Planning and Environment Act ............66

13.3 Instruments of Delegation .................................................................................................70

13.4 Public Transparency Policy ................................................................................................77

13.5 Council Expense Policy .......................................................................................................82


13.6 Governance Rules ..............................................................................................................86

13.7 Advisory Committee Minutes ............................................................................................92

14. NOTICES OF MOTION ......................................................................................................... 95

15. COUNCILLORS REPORT ....................................................................................................... 96

15.1 Mayor's Diary July 2020 .....................................................................................................96

16. DECISIONS REGISTER .......................................................................................................... 97

16.1 Decisions Register ..............................................................................................................97

17. GENERAL BUSINESS .......................................................................................................... 106

18. OPEN FORUM .................................................................................................................. 106

19. CONFIDENTIAL ................................................................................................................. 106

19.1 Appointment of New Independent Members to the Indigo Shire Council Audit and Risk Committee ................................................................................................................107


1. WELCOME

Mayor O’Connor 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 may be captured as part of this recording.

2. ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF THE LAND

Mayor O’Connor acknowledged the original custodians of the land that we are all meeting from tonight across Indigo Shire and paid respects to their elders past and present and welcomed any descendants who may be watching the meeting this evening. Mayor O’Connor 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

Nil 4. DECLARATION OF CONFLICT OF INTEREST

Cr Goldsworthy declared a conflict of interest with Item 11.2 - Rutherglen Visitor Information Centre, due to an indirect interest due to conflicting duty. A written explanation has been provided to the CEO.

5. CONDOLENCES

Nil

6. COMMUNITY AND COUNCIL ACHIEVEMENTS

The Mayor congratulated the Wahgunyah Recreation Reserve on receiving a $1.09M funding boost from the Victorian Government’s Community Sports Infrastructure Stimulus Program for their tennis and netball courts.

7. CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S)

RESOLUTION

That Council:

1. Confirm the Minutes of the Ordinary Council Meeting held on 28 July 2020, as published on Council's website; and

2. Confirm the Minutes of the confidential session held on 28 July 2020, as distributed separately.

Moved: Cr Shepheard Seconded: Cr Murdoch


For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,

Diane Shepheard and James Trenery Against: Nil

CARRIED

7.1. SUSPENSION OF STANDING ORDERS REGARDING OPEN FORUM

Given that this meeting is being held electronically without opportunity for a public gallery to attend in person, it is proposed that in order to provide the community the ability ask questions at Open Forum, that the Mayor be empowered to read out questions on behalf of the questioner. Local Law 3 s32 currently requires the questioner (or their representative) to be present in the meeting. It is proposed that standing orders be suspended to dispense with this requirement and that the Mayor read any questions put to the meeting without the questioner being present. The current requirement for questions to be received by council by no later than 5.00pm would remain unchanged. It is further proposed that the Open Forum agenda item currently scheduled at Item 18 be brought forward to Item 7.2.

RESOLUTION

That Standing Orders be suspended to allow:-

1. Open Forum to be brought forward in the agenda to Item 7.2; and 2. The Mayor to read questions to Open Forum on behalf of the questioner without the

requirement that the questioner or their representative be present at the meeting.

Moved: Cr Shepheard Seconded: Cr Price For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,


CARRIED

7.2. OPEN FORUM

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

Below is a summary of the open forum questions. For the full version, please refer to the live stream recording on Council’s website. https://www.indigoshire.vic.gov.au/AboutyourCouncil/Watch-Council-meetings

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


Robin McLiesh

Question 1 Has Council established the committee of management for Baarmutha Park CAC and if so have regular committee meetings commenced? The Mayor responded:

To clarify, these new Community Asset Committees come into effect after 1 September 2020 as per the new Local Government Act 2020. The new committee hasn’t met yet as they can’t form until after 1 September when the current committee of management will transfer across to the new Community Asset Committee.

Mark Florence, Director Community & Economic Development responded:

Council Officers have engaged with each of the user groups with a view to starting to shape that new committee. We have been advised they’re not ready to do that given the COVID restrictions are preventing them from meeting and determining who might be the representatives on that committee.

Question 2 If Council is seeking to have the Baarmutha Park reception centre managed under contract will the existing kitchen meet the health and commercial standards required for formal events? Mark Florence, Director Community & Economic Development responded:

The existing kitchen was being used prior to the COVID restrictions and met the health and safety requirements for that kitchen. Under any sourcing of the management out to an external provider the kitchen will be part of that contract. It would depend on the negotiations with the provider on what standard that kitchen will need to be, but would need health and safety sign off before any activity could take place.

Question 3 Has Council formally sought expressions of interest for management of the Baarmutha Park reception centre and if so when will this information be released to the community? Mark Florence, Director Community & Economic Development responded:

No, as the first step is to establish the committee and they will have a role in that expression of interest process. As COVID restrictions are eased, that will allow groups to meet more comfortably.

Darryn Arnold Question:

In 2019 Indigo Shire Council engaged a Consultant, Mr Tom Smith, to prepare a report on the Rutherglen Tourism offering. After consultation, community engagement and calling for submissions the Rutherglen Destination Management Report 2020 was presented to Council with recommendations from Council Officers at its meeting on 25/02/2020.


In speaking against the motion to adopt the report the Councillors representing Council on the Rutherglen Wine Centre Board informed Council that the Rutherglen Wine Centre Board had the capacity to fund the operation of the Rutherglen VIC and that the current arrangement provided considerable cost savings to Council. The motion to accept and adopt the report’s recommendations was subsequently lost. Given that Rutherglen Wine Centre Board has now advised that it will be relinquishing responsibility for the operation of the Rutherglen VIC with its main reason being lack of funding, will Council now please advise what it proposes in relation to the Rutherglen Destination Management Report 2020 and its Officers recommendations as presented to the Council on 25/02/2020. CEO responded:

There is an item on the agenda tonight, Item 11.2 - Rutherglen Visitor Information Centre, that should for the most part address those questions. That report talks about the future of the Rutherglen VIC with some recommendations for Council.

RESOLUTION

That Standing Orders be resumed.

Moved: Cr Price Seconded: Cr Shepheard For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,


CARRIED


8. BUSINESS ARISING FROM PREVIOUS MEETING(S)

Question on Notice The following question from Annie Robbie, Budget Submitter was taken on notice at the Special Council Meeting held on 14 July 2020:

Why is Council having to pay for the only footpath to be built in the Shire’s present budget, which is in a new sub-division? In Queensland, all new subdivisions have to provide the roads, footpaths, water, sewerage, draining and electricity. Email response from Ian Ellett, Director Infrastructure Services follows: From: Ian Ellett Sent: Friday, 24 July 2020 10:53 AM To: Anne Robbie Subject: Budget submission Hi Anne, I am following up on a question you asked at last week’s Special Council meeting when you presented in support of your budget submission. You asked for clarification on why Council is funding the footpath to be built in Huon Kiewa Road and not the developer of the nearby subdivision. The developer is responsible for all infrastructure within the development (roads, footpaths, lighting, utilities etc) as well as a reasonable contribution to remote infrastructure. This varies depending on a range of factors. In this instance, the developer has funded the full cost of the footpath in Huon Kiewa Road where it is adjacent to the development and is also contributing (on a per lot developed basis) for a range of other future infrastructure needs including the section of footpath proposed in the draft 2020/21 budget, which is not directly adjacent to the development. I trust this clarifies your enquiry. Please contact myself or Paul McLachlan (Manager Assets & Property) if you have further queries. Regards Ian Ellett Director Infrastructure Services Questions on Notice The following questions from Robin McLiesh were taken on notice at the Ordinary Council Meeting held on 28 July 2020:


Question 2 As the Rutherglen Economic Revitalisation project is now complete, will Council undertake to provide a post completion report for the first four years of this $1.8 million project, with details of the 29 new jobs, the $1.5 million per annum increase in local wages and the $4.7 million per annum increase in value added activities. Question 3 The Chiltern Rail Shed project was completed 5 years ago at a cost of $1 million. The following extract from the project document claimed that we would “see visitors arriving by bicycle, by train, by walking track – all keen to find out more, to experience our national park, our birdlife, our connecting cycle paths and then head out to enjoy our wonderful environment.” How many cyclists have visited the Rail Shed in the last 5 years? Email response from Mark Florence, Director Community & Economic Development follows: From: Mark Florence Sent: Thursday, 30 July 2020 9:45 AM To: Robin McLiesh Subject: Response to Questions for Council meeting - July 28th Good morning Robin Please find attached responses to the questions you submitted to the Council meeting on July 28th. Question 2 The Rutherglen Revitalisation Project is now complete and Council is confident that the project will contribute to the economic activity within Rutherglen and surrounding district. Whilst we do not have the specific details, we do know that visitor numbers to Rutherglen and associated economic input has grown over the past 12 months, on the back of the Revitalisation Project and specific destination marketing activities. Council looks forward to more work in this space and monitoring the impact on jobs, and economic growth.

Question 3 The Chiltern Goods Shed project was fully funded by the Australian Rail Corporation and has provided another facility which the Chiltern community and others can use and enjoy. The Goods Shed is used for a range of activities. Actual usage by cyclists is not known at this point. Overall visitor numbers to Chiltern continues to grow, with visitors participating in a range of activities, including cycling, nature walks, bird watching, and other activities. The Chiltern Goods Shed is, and will continue to be an important part of the suite of features in Chiltern that contribute to supporting the visitor economy. Thanks Mark Florence Director Community & Economic Development


9. PETITIONS

Nil reports


10. PLANNING & CORPORATE SERVICES

10.1 JUNE 2020 FINANCE REPORT

File No: 2020/668 Phil Garoni - Manager Finance & Risk Planning & Corporate Services

For Information

RECOMMENDATION

That Council accepts the draft Financial Report for June 2020.

RESOLUTION

That Council accepts the draft Financial Report for June 2020. Moved: Cr Gaffney Seconded: Cr Murdoch For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,


CARRIED PURPOSE OF REPORT

As the 2019/20 year-end financial reporting is still being finalised this supplementary report for the period of 1 July 2019 to 30 June 2020 has been submitted for Council’s consideration. This report provides a summarised version of variances to the management budget, and closes out the financial reporting of the 2019/20 year. It is important to note that this report is based on Council’s management reporting format and may differ in format from the official financial reports that are required to be published each year, using a standard Australian Accounting Standards format. These official 2019/20 financial statements will be finalised in coming months, audited by the Victorian Auditor General and reported in Council’s Annual Report (due to be included in an upcoming Council meeting agenda).

BACKGROUND

Each month Council reports the year to date (YTD) financial result and performance to the capital works program. The year to date figures contained within this report contain the figures for the financial year comparing to the June YTD forecast. DISCUSSION

The Income Statement shows that Council’s closing position as at 30 June 2020 was $2.7M favourable on a year to date basis compared to the revised forecasts prepared as part of the 2019/20 mid-year review. June being the final reporting month of the year will incorporate year-end adjustments which are a normal course of events ensuring Council meets statutory obligations.


Income Operating Grants The favourable variance of $2.09m is due to a combination of the following:

$2.445 million of advanced payment of the 2020/21 Victorian Grants Commission allocation. The favourable variance is only a matter of timing with the funds planned for expenditure in the 2020/21 budget.

$200k unbudgeted additional funding to assist businesses and the community in recovery for the 2020 fire event. Unbudgeted expenditure will be incurred to offset against the funding received with a final net $0 impact on Council.

($487k) unfavourable relating to natural disaster funding for recovery of costs from the 2018 flood disaster in December. This is a timing variation as the funding is linked to claims submitted for works conducted. As such there is a corresponding favourable variation in contract payments.

The favourable variance of $148k in interest income is due to higher investments and a better return on term deposit investments than budgeted.

YTD

actuals

YTD

forecast

YTD

variance $

YTD

variance %

2019/20

Annual

budget

Quarter 2

Forecast

June YTD

2018-19

actual

Income

Contributions - developer 34,730 17,941 16,789 94% 18,000 17,941 34,331

Contributions - operating 61,012 68,030 (7,018) (10%) 61,607 68,030 140,507

Operating grants 5,731,955 3,640,241 2,091,714 57% 3,139,525 3,640,241 5,973,541

Interest income 378,662 230,619 148,043 64% 238,000 230,619 304,984

Other revenue 1,996,545 2,037,469 (40,924) (2%) 2,132,846 2,037,469 1,962,158

Rates & charges 17,011,721 17,002,186 9,536 0% 16,873,118 17,002,186 16,304,844

Reimbursements 130,559 103,335 27,224 26% 87,449 103,335 186,476

Statutory fees & fines 941,774 1,033,471 (91,698) (9%) 1,042,839 1,033,471 1,061,180

User charges 3,077,176 3,299,153 (221,977) (7%) 3,306,388 3,299,153 3,528,480

Total income 29,364,134 27,432,445 1,931,689 7% 26,899,772 27,432,445 29,496,500

Expense

Borrowing costs 109,678 102,952 (6,726) (7%) 116,089 102,952 134,086

Contract payments 5,739,941 6,428,135 688,194 11% 5,316,337 6,428,135 5,316,168

Depreciation 5,788,015 5,943,267 155,251 3% 5,947,525 5,943,267 5,643,144

Employee costs 11,561,033 11,413,460 (147,574) (1%) 11,642,595 11,413,460 10,943,924

Materials & consumables 3,428,911 3,515,944 87,033 2% 3,420,700 3,515,944 3,768,839

Other expenses 3,084,675 3,169,638 84,963 3% 3,229,152 3,169,638 3,783,572

Utilities 714,371 638,095 (76,275) (12%) 639,589 638,095 690,916

Total expense 30,426,624 31,211,490 784,866 3% 30,311,987 31,211,490 30,280,648

Surplus / (deficit)* (1,062,489) (3,779,045) 2,716,555 72% (3,412,215) (3,779,045) (784,148)

(Red variance) is unfavourable

Black variance is favourable

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.

June 2020 - Income Statement


Unfavourable variance of $92k in statutory fees and fines is mainly due to:

$44k – in the Local Laws and Animals service area because of assistance provided for COVID-19 to business through councils support package, animal registrations and fines and infringements.

$43k – in the Planning service area within planning application income. Unfavourable variance of $222k in user charges is due to:

$112k for Buller Gas sales due to the impact of COVID-19 has led to changed operating conditions on Mount Buller. This will be offset be favourable variation in gas purchases.

$77k for income received in the Burke and historical precinct being lower than forecast because of the impact of COVID-19 and bushfires.

$364k within the Building and Properly service area because of assistance provided for COVID-19 to business through councils support package particularly in the form of rental and lease income.

Expense The favourable variance of $688k in Contract Payments is mainly due to a combination of:

$488k – relating to natural disaster costs for the maintenance costs from the 2018 flood disaster in December. This is a timing variation as the cost is linked to claims submitted for the recovery of funding of the works conducted.

$184k in the Environmental and Sustainability service area across various projects. The majority of these projects being put on hold due to resourcing issues and the COVIOD-19 restrictions.

The favourable variance of $155k in Depreciation is due to lower asset levels during the year than expected in the original budget. The unfavourable variance of $147.5k in Employee Costs is predominately due to end of year financial adjustments relating to staff entitlements such as leave, long service and accrued time. This is a timing issue which will have favourable offsets in future years when additional leave is taken. The favourable variance of $87k in Materials and Consumables is mainly due to a combination of:

$66k for Buller Gas purchases due to the impact of COVID-19 has led to changed operating conditions on Mount Buller. This will be offset be unfavourable variation in gas sales.

$16k in the Tourism service area across marketing and sponsorship of various events. The majority of these projects being put on hold due to the COVIOD-19 restrictions.

The favourable variance of $85k in Other Expenses is due to:

$43k contribution to asset maintenance grants less than forecast.

$30k contribution to active Indigo grants not expended because of the COVID-19 restrictions.

$12k in the Waste service area with lower than expected expenditure on plant and vehicle usage.

Unfavourable variance of $76k in Utilities is due to:

$44k more expenditure than forecast on water usage, being mainly within the rural reserves and parks facilities.

$21k for swimming pools split between water usage and electricity cost being over forecast.

$11k greater expenditure than forecast on our communication items of phones and internet usage.


Current Assets

Cash 5,501,209

Current Debtors/Receivables 2,879,021

Inventories 299,795

Investments 6,176,351

Other Current Assets 116,560

Total Current Assets 14,972,937

Non Current Assets

Non Current Debtors/Receivables 6,733

Property Plant & Equipment 13,491,558

Land & Buildings 121,562,770

Roads, Bridges & Culverts 145,590,067

Works in Progress 3,115,083

Total Non Current Assets 283,766,212

Total Assets 298,739,148

Current Liabilities

Borrowings - Current (559,053)

Creditors (3,526,134)

Provisions - Current (2,971,958)

Trust Deposits (176,402)

Total Current Liabilities (7,233,547)

Non Current Liabilities

Borrowings - Non Current (1,384,743)

Provisions - Non Current (4,804,624)

Trust Deposits (163,291)

Total Non Current Liabilities (6,352,658)

Total Liabilities (13,586,205)

Net Assets 285,152,944

Equity

Accumulated Surplus (168,114,257)

Reserves (117,038,686)

Total Equity (285,152,944)

Balance Sheet - 30 June 2020


CASH Council’s closing cash position as at 30 June 2020 is $11.499. This compares to $10.586m for the same period last year. Details of how these funds are invested are shown below.

Bank Term Rate %

Due

Rollover Amount

WAW 90 1.20 11/09/2020 1,000,000

IMB Bank 91 1.25 8/07/2020 1,000,000

Defence Bank 122 1.50 26/08/2020 1,000,000

Rabobank Bank 182 1.80 25/08/2020 1,000,000

Bank Vic 151 1.25 21/09/2020 1,000,000

Bendigo Bank 122 1.55 6/08/2020 500,000

Bendigo Bank 122 1.55 3/08/2020 500,000

Total of All Investments 6,000,000

Indigo Shire Operating Account 0.25 5,499,231

WAW Credit Union S13 0.01 94

Total Operating Cash Position 5,499,325

Total Cash Position 11,499,325

Indigo Shire Council - Cash & Investment Report as at 30 June 2020


CAPITAL WORKS

The combined YTD project expenditure as at the end of the financial year, across both the Capital Works and Non ISC asset project areas totals $9,833,526. This total is comprised of $9,426,139 in capital projects and $407,387 against Non ISC assets. This represents 94.5% of the capital works forecast.

Annual Budget

Carry Forward

& Additional

Projects

YTD actuals%

CompleteQ2 Forecast YTD actuals

%

Complete

Capital works total 9,167,011 6,489,800 70.8% 9,974,300 9,426,139 94.5%

Capital works

expenditure

2018-19 2019-20


A more detailed commentary on capital works and non ISC expenditure is provided in the monthly capital report later in the Council meeting agenda.

STRATEGIC CONTEXT

COUNCIL PLAN 2017 – 2021

Theme 5. Indigo's Civic Leadership & Governance

Strategic Objective 5.1 Indigo Shire is financially sustainable

N/A SOCIAL/COMMUNITY IMPLICATIONS

This 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

Addressed throughout the report. 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

This provisional management view financial statements indicates that Council has completed the financial year on a solid note, and has benefitted from the early payment of the Financial Assistance Grant for the 2020/21 financial year. The formal end of year financial result will be presented to Council as part of the Annual Report in October. The official ‘statutory view’ will contain additional adjustments that are not shown in this monthly report. Given the current pandemic situation Council’s financial position is still solid. It is likely that the COVID-19 impacts will have financial consequences that will be seen in different service areas, and this increases the level of uncertainty when predicting the final result at the end of the financial year.


As noted we have received advance payment of our 2020/21 Victorian grants commission, which will show a better than forecast result by year end. However, the favourable variance is only a matter of timing with the funds planned for expenditure in the 2020/21 budget. 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 & Corporate Services

Phil Garoni – Manager Finance & Risk

Attachments 1. Service plan statement - June 2020


10.2 JULY 2020 FINANCE REPORT


For Information

RECOMMENDATION

That Council accepts the July 2020 finance report.

RESOLUTION

That Council accepts the July 2020 finance report. Moved: Cr Gaffney Seconded: Cr Shepheard For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,



The purpose of this report is to inform Council of the financial position for the 2019/20 financial year to 31 July 2020.

BACKGROUND

Each month Council reports the year to date (YTD) financial result. The year to date figures contained within this report and attachments compare the July result against the YTD adopted annual budget. DISCUSSION

The income statement shows that Council is $25k favourable on a year to date basis compared to the 2020/21 annual budget.


Variance explanation The two variances greater than $50k for the month of July in income and expenditure relate to Buller Gas sales ($175k unfavourable shown in “User Charges”) and gas purchases for Buller Gas ($122k favourable in “Materials and Consumables”). The impact of COVID-19 has led to changed operating conditions on Mount Buller and as such here is a net unfavourable impact of $52k.

Account GroupYTD

actuals

YTD

budget

YTD

Variance $

YTD

Variance %

2020/21

Annual

Budget

July YTD

2019/20

Actual

Income

Contributions - Developer 0 0 0 (100%) 19,000 0

Contributions - Operating 901 16,436 (15,535) (95%) 64,187 1,322

Operating Grants 40,769 51,407 (10,638) (21%) 5,951,828 78,976

Interest Income (3,421) 11,269 (14,690) (130%) 176,986 3,363

Other Revenue 123,451 138,126 (14,675) (11%) 2,134,565 160,074

Rates & charges (4,393) 0 (4,393) 100% 17,631,208 (646)

Reimbursements 12,736 5,728 7,008 122% 84,321 9,400

Statutory Fees & Fines 60,922 61,647 (725) (1%) 1,059,575 63,758

User Charges 472,808 648,357 (175,549) (27%) 2,929,863 639,187

Total Income 703,774 932,970 (229,196) (25%) 30,051,533 955,434

Expense

Borrowing Costs 7,457 7,457 (0) (0%) 86,015 9,803

Contract Payments 386,127 424,417 38,290 9% 5,913,088 162,544

Depreciation 491,824 491,646 (178) (0%) 5,901,893 492,335

Employee Costs 812,187 852,298 40,111 5% 11,677,025 853,193

Materials & Consumables 1,007,553 1,134,044 126,491 11% 3,354,171 1,046,285

Other Expenses 324,334 344,207 19,873 6% 3,376,052 267,410

Utilities 21,122 50,820 29,698 58% 659,007 30,831

Total Expense 3,050,605 3,304,890 254,285 8% 30,967,252 2,862,401

Surplus / (Deficit)* (2,346,831) (2,371,920) 25,089 1% (915,719) (1,906,967)

(Red variance) is unfavourable

Black variance is favourable

July 2020 - 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.


CASH Council’s Cash position at the end of July 2020 was $8.05m. This is similar to the same period last year with the early receipt of the Financial Assistance Grant for the 2020/21 financial year.

CAPITAL WORKS

The combined YTD project expenditure as at the end of July, across both the Capital Works and Non ISC asset project areas totals $621,088. This total is comprised of $608,480 in capital projects and $12,608 against Non ISC assets. This represents 4.9% of the capital works budgeted program.

Bank Term Rate % Due Rollover Amount

WAW 90 1.20 11/09/2020 1,000,000

IMB Bank 184 0.75 8/01/2021 1,000,000

Defence Bank 122 1.50 26/08/2020 1,000,000

Rabobank Bank 182 1.80 25/08/2020 1,000,000

Bank Vic 151 1.25 21/09/2020 1,000,000

Bendigo Bank 122 1.55 6/08/2020 500,000

Bendigo Bank 122 1.55 3/08/2020 500,000

Total of All Investments 6,000,000

Indigo Shire Operating Account - 2,052,764

WAW Credit Union S13 0.01 94

Total Operating Cash Position 2,052,858

Total Cash Position 8,052,858

Indigo Shire Council - Cash & Investment Report as at 31 July 2020

Annual Budget YTD actuals%

Complete

Annual

BudgetYTD actuals

%

Complete

Capital works total 10,814,000 295,369 2.7% 12,545,382 608,480 4.9%

Capital works

expenditure

2019-20 2020-21


A more detailed commentary on capital works and non ISC expenditure is provided in the monthly capital report later in the Council meeting agenda.

STRATEGIC CONTEXT




N/A SOCIAL/COMMUNITY IMPLICATIONS

This 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











Addressed throughout the report. 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.



Nil COMMUNITY ENGAGEMENT


Nil CONSULTATION/COMMUNICATION PROPOSED

Nil CONCLUSION

In summary, the first month of the financial year is in accordance with budget expectations. Historically July is a complicated by various journals and adjustments that relate to the end of financial year process, with the August report being more indicative of the early tracking in the new financial year. Noting the current pandemic situation there will be impacts of a financial nature that will be seen in different service areas, and this increases the level of uncertainty when predicting the financial result throughout the year. DECLARATION OF CONFLICT OF INTEREST




Attachments 1. Service plan statement - July 2020


10.3 BORROWING AND INVESTMENT POLICY 2020


For Information

RECOMMENDATION

That Council adopts the attached Borrowings and Investment Policy 2020.

RESOLUTION

That Council adjourn this item to the September 2020 Council meeting. Moved: Cr Gaffney Seconded: Cr Trenery For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,


CARRIED

PURPOSE OF REPORT

The purpose of this report is to present the attached Borrowings and Investment Policy for adoption. BACKGROUND

Council has an existing “Borrowing Policy” but no policy that guides investments. Council’s Audit Committee requested that Council create/amend a suitable policy to deal with investment concentration risk. The attached draft has been presented to the July Audit Committee meeting for feedback. No concerns or adjustments were suggested at this meeting. DISCUSSION

The Borrowing Policy is out of date (last adopted in April 2010) and required a full review to be brought up to date with Council’s current practices. In addition, Council had no Investment Policy. For this reason it was considered appropriate to combine the two and move forward with a new policy. Apart from the addition of an investment policy (including investment spread risk mitigation) there are no proposed changes to ISC’s current investment or borrowing practices. Investment spread is managed by investments being spread across different financial institutions in a manner that addresses financial concentration risk. Along with looking to optimise (as opposed to maximise) the return on these funds within the risk profile of council. Council will borrow in the following circumstances – in order of preference:

Capital works and capital assets that generate a net worth

Long term assets that provide benefits to future generations

Capital works and capital assets that are deemed to be appropriate for debt funding


Options

It is not essential to update this policy, however the current Borrowing Policy is in need of an update and this gives an opportunity to include investment policy statements to back-up the investment practice at Indigo Shire Council. STRATEGIC CONTEXT



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

SOCIAL/COMMUNITY IMPLICATIONS

Nil. ENVIRONMENTAL IMPLICATIONS











There are very limited financial implications relating to the review and updating of this policy. The requirement to spread Council’s investments more broadly is likely to reduce the average interest rate received however this is expected to be negligible.

LEGISLATIVE IMPLICATIONS

Council funds must only be invested in investments authorised under Section 103 of the Local Government Act 2020. For borrowings the Local Government Act 1989 provides Councils the power to borrow.



Description Likelihood Consequence Final Risk Rating Controls, treatments

The borrowing and investment practices do not follow the adopted policy

Possible Minor Low Council’s finance team monitor compliance with several of the aspects of the policy. In addition, all borrowings are to be approved and sanctioned by Council via Council meeting.

The inclusion of investment spread risk mitigation is an additional level of cover for Council’s investments. The likelihood of a failure or run on an institution with a Standard & Poors credit rating lower than B is low; but the consequences could be high for a Council organisation with low cash reserves. The addition of an investment spread policy does not lower the risk – but it does reduce the consequences.

Risk items to be considered in minimising liquidity risk involves:

Targeting a minimum average level of cash and cash equivalents to be maintained

Having readily accessible standby facilities and other funding arrangements in place

Having a liquidity portfolio structure that requires surplus funds to be invested within various brands of liquid instruments; and

Monitoring budget to actual performance on a regular bases Other risk tolerances to be considered at the highest level are:

Interest rate risk

Capital risk

Credit risk

COMMUNITY ENGAGEMENT

CONSULTATION/COMMUNICATION PROPOSED

Level of public participation

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

Inform We will provide information to help you understand the issue

Website

The policy will be available on Council’s website. CONCLUSION

The adoption of the Borrowing and Investment Policy continues Council’s governance practices. The attached policy has been refreshed, clarified and provides compliant, clear and relevant guidance for staff when undertaking borrowing or investment activities.


DECLARATION OF CONFLICT OF INTEREST




Attachments 1. Borrowing and Investment Policy 2020


10.4 ESTABLISHMENT OF AUDIT AND RISK COMMITTEE AND ADOPTION OF CHARTER


For Decision

RECOMMENDATION

That Council:

1. In accordance with section 54(7) of the Local Government Act 2020, establishes the Audit and Risk Committee.

2. Adopts the Audit and Risk Committee Charter as set out in Attachment 1. 3. Appoints the existing Audit Committee members to the new Audit and Risk Committee

under their current appointment arrangements. 4. Reviews the Audit and Risk Committee Charter within twelve months.

RESOLUTION

That Council:

1. In accordance with section 54(7) of the Local Government Act 2020, establishes the Audit and Risk Committee.

2. Adopts the Audit and Risk Committee Charter as set out in Attachment 1. 3. Appoints the existing Audit Committee members to the new Audit and Risk Committee

under their current appointment arrangements. 4. Reviews the Audit and Risk Committee Charter within twelve months.

Moved: Cr Price Seconded: Cr Shepheard For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,


CARRIED

PURPOSE OF REPORT

The Local Government Act, 2020 (the Act) under Division 8 of Part 2, requires the Council to establish an Audit and Risk Committee (the Committee). Further, under Section 54(7) Council must approve the first Audit and Risk Committee Charter on or before 1 September, 2020. To comply with this requirement, it is necessary to dissolve the current Audit Committee and appoint a new Audit and Risk Committee. The current Audit Committee Charter has been used as a base document and updated to reflect the requirements of the Act. The updated Audit and Risk Committee Charter (Attachment 1) also used a Model Charter provided by Engage Victoria and takes into account the additional responsibilities as set out in sections 53 and 54 of the Act.


BACKGROUND

Council has maintained an Audit Committee under the Local Government Act 1989 for two decades. The Audit Committee has been an advisory committee of the Council with a Charter reviewed and updated regularly. Section 53 of the Local Government Act 2020 requires Council to establish an Audit and Risk Committee and Section 54(1) of requires "a Council must prepare and approve and Audit and Risk Committee Charter." DISCUSSION

The current Audit Committee has been a diligent advisory committee of the Council, monitoring Councils risk management framework and its controls. The Audit Committee operates under its terms of reference set out in its Charter document. The Charter sets out the Committee's purpose and how it will function. As with other committees, the Council retains control over the membership and purpose of the committee. The new Act continues that relationship, however, is more prescriptive as to the committee's independence from Council, mandating that the committee is not a delegated committee, and that has no delegated financial responsibilities. The attached Committee Charter reflects that more prescriptive description of the Committee's role. The Chief Executive Officer retains responsibility for ensuring the secretariat support of the Audit and Risk Committee. Responsibility for the administrative support of the Committee will be transferred from the Planning and Corporate Services Directorate to People and Governance within the Office of the CEO in the new year. The Act requires the Chief Executive Officer to table specific reports and the Committee annual assessment at Council meetings and when requested by the chairperson of the Committee The Act has prescribed the functions of the Audit and Risk Committee to:

Monitor the compliance of Council policies and procedures with the overarching governance principles, and the Act and the regulations and any Ministerial directions;

Monitor Council financial and performance reporting;

Monitor and provide advice on risk management and fraud prevention systems and controls; and

Oversee internal and external audit functions.

Other fundamental changes under the new Act include:

Composition of the Committee remains unchanged with greater detail to cover matters regarding the terms of appointments and the quorum.

Under the new Act is the appointment of the Chair must now be made annually by Council.

Currently, the Audit Committee has a rotating Chair filled on by an Independent Member based on an internal vote.

New sections that outline the Operational Principles and Operational Procedures of the Committee.

The new Act requires a biannual report from Committee to Council, reporting on the activities of the Committee however further detail as to the nature and content of this report is not available. The current Chair of the Audit Committee has suggested further consultation with, and guidance from the Council will be necessary. The biannual report is in addition to the current Chairs report provided to Council after each Audit Committee meeting.


The new Act mandates that the Committee must prepare and execute an Annual Plan and conduct an annual Performance Evaluation of the Committee's work against its yearly work plan. The Act requires the Chief Executive Officer to table a copy of the results of the self-evaluation at the next Council meeting.

The new Draft Charter layout ensures the functions and responsibilities required to ensure compliance with the Act are identified. The attached Audit and Risk Committee charter reflect the new requirements that the Committee must:

Undertake an annual assessment of its performance against the Audit and Risk Committee Charter; and

Provide a copy of the annual evaluation to the Chief Executive Officer for tabling at the next Council meeting;

Prepare a biannual audit and risk report that describes the activities of the Audit and Risk Committee and includes its findings and recommendations; and

Provide a copy of the biannual audit and risk report to the Chief Executive Officer for tabling at the next Council meeting;

Adopt an annual work program.

The attached Committee Charter has been reviewed by the Audit Committee at their 20 July 2020 meeting and it has been recommended for adoption. Options

Recommending the re-appointment of the current Audit Committee as the Risk and Audit Committee under the New Act was the only compliant option within the required deadline of 1 September 2020. STRATEGIC CONTEXT




Strategic Action 5.2.2 Review and implement relevant changes arising from the review of the Local Government Act

The appointment of the Audit and Risk Committee and the adoption of its Charter as required by the Act is a continuation of Councils continued a long-standing approach to sound governance and transparency. SOCIAL/COMMUNITY IMPLICATIONS

Supports Community confidence in Council governance. ENVIRONMENTAL IMPLICATIONS

Nil



Approved Budget

$

This Proposal $

Variance to Approved Budget $

Comments

Revenue Nil Nil Nil Nil

Expense Nil Nil Nil Nil

Net Result Nil Nil Nil Nil

Nil impact. LEGISLATIVE IMPLICATIONS

The appointment of the current Committee ends effectively 30 August. Under the new Local Government Act 2020, and Council is required to have appointed an Audit and Risk Committee, and adopted its Charter, by 1 September 2020. Council's current Audit Committee has been active in its role providing independent and expert advice to Council on matters of risk, financial performance, audit, compliance, fraud and governance. With the limited time, and for continuity, the appointment of the current Audit Committee members as the new Audit and Risk Committee under their current terms of office ensures we meet the legal requirement under the Act. RISK & OPPORTUNITY MANAGEMENT


Failure to appoint Audit and Risk Committee by 1 September 2020

Unlikely Major Low The existing Audit Committee meet the skills and capability requirements under the Act and therefore can be easily appointed to the new A&R Committee.


N/A CONCLUSION

The Audit and Risk Committee Charter has been prepared to align with the Act and was endorsed by the current Audit Committee at its meeting on 20 July 2020 and recommended for Council adoption. The current Audit Committee has recommended that the Council adopt the Audit and Risk Committee Charter.




Greg Pinkerton – Director Planning and Corporate Services

Phil Garoni – Manager Finance and Risk

Dalene Voigt – Executive Manager People & Governance

John McFarland - Coordinator Risk

Attachments 1. Audit and Risk Committee Charter


10.5 ASSEMBLY OF COUNCILLORS RECORDS

File No: 2020/666 Greg Pinkerton - Director Planning & Corporate Services

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 Price Seconded: Cr Trenery For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,


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

Council Briefing 21 July 2020

Finance Committee 22 July 2020

Council Briefing 28 July 2020

Council Briefing 4 August 2020


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 Planning and Corporate Services

Annabel Harding - Governance Officer


Attachments 1. Assembly of Councillors - Council Briefing - 21 July 2020

2. Assembly of Councillors - Finance Committee - 22 July 2020 3. Assembly of Councillors - Council Briefing - 28 July 2020

4. Assembly of Councillors - Council Briefing - 4 August 2020


11. COMMUNITY & ECONOMIC DEVELOPMENT

11.1 CARLYLE CEMETERY STRATEGIC PLAN 2020-2024

File No: 2020/643 Kate Biglin - Manager Community Development Community & Economic Development

For Decision

RECOMMENDATION

That Council adopts the Carlyle Cemetery Strategic Plan 2020-2024.

RESOLUTION

That Council adopts the Carlyle Cemetery Strategic Plan 2020-2024. Moved: Cr Murdoch Seconded: Cr Price For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,


CARRIED

PURPOSE OF REPORT

The purpose of this report is to present for adoption the Carlyle Cemetery Strategic Plan 2020-2024. BACKGROUND

Carlyle Cemetery is a B Class cemetery governed by the rules set by the Victorian Department of Health and Human Services (DHHS). Indigo Shire Council provides management and administrative support services and Indigo Shire Councillors are the Cemetery Trust Trustees. A Class B cemetery trust is not formally required to develop a strategic plan under the Victorian Government’s Cemeteries & Crematoria Act 2003 and Regulations 2005 (amended 2015). However the development of a long term strategic plan enables the Carlyle Cemetery Trust to perform its roles and functions efficiently and effectively, and respond in an appropriate and strategic manner to the changing demands and conditions. The development of this strategic plan has been guided by Department of Health and Human Services’ Strategic and Annual Plan Guidelines for Class A Cemetery Trusts (November 2018), the Victorian Government’s Cemeteries & Crematories Act 2003 and Regulations 2002 (amended 2015). DISCUSSION

The development of the Carlyle Cemetery Strategic Plan 2020-2024 provided Council with the opportunity to examine the current service provision, management procedures and consider options for the future of cemetery services acknowledging the practical requirements of planning, budgeting and ongoing maintenance requirements of the cemetery. The Carlyle Cemetery Strategic Plan 2020-2024 outlines three key focus areas, strategic objectives, actions, priority projects and timelines.


STRATEGIC CONTEXT




Indigo Shire Council is committed to ensuring its services are governed well and its business is conducted in an open and transparent manner. The development of this strategic plan provides the framework and foundation for a cemetery trust’s future performance. It enables the trust to perform its functions and obligations efficiently and effectively, and to respond in an appropriate and strategic manner to the changing demands and conditions in the provision of cemetery services.


The development of a long term strategic plan confirms Indigo Shire Council’s commitment as custodians of the Carlyle Cemetery and recognises this facility as an important community asset. Extensive key stakeholder engagement and consultation with the wider community was conducted during the development of this Strategic Plan. The engagement process was designed to ensure cemetery services are aligned with the needs and expectations of the community and intends to enhance community ownership and connectedness with their local cemetery. ENVIRONMENTAL IMPLICATIONS

It is anticipated that there will be no environmental implications involved in the endorsement of this Strategic Plan. FINANCIAL IMPLICATIONS

It is anticipated that there will be no financial implications involved in the endorsement of this Strategic Plan. The plan will be completed within the existing budget using internal resources. It considers actions to ensure the Trust is in a suitable financial position to meet its short and long term commitments. Actions contained in the Plan that require financial investment will be considered in line with future budget processes and grant applications. LEGISLATIVE IMPLICATIONS

Carlyle Cemetery is a Class B cemetery trust. Although only Class A cemeteries are required to develop strategic plans under the Victorian Government’s Cemeteries & Crematoria Act 2003 and Regulations 2005 (amended 2015), the adoption of a strategic plan supports the Carlyle Cemetery Trust to perform its roles and functions efficiently and effectively. RISK & OPPORTUNITY MANAGEMENT


Mismanagement of Carlyle cemetery services

Possible Moderate Medium Review current policies and procedures to ensure they align with the Act and Regulations.


Opportunity Description Likelihood Consequence Opportunity Rating

Result

Public declaration of Indigo Shire Council’s commitment to this cemetery which has strong community value.

Almost Certain Minor High A strong leadership statement on the proactive management of this cemetery demonstrates to the community the importance Council’s places on the facility.





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

Future Planning Session held with key community stakeholders. 2 Drop in session held in Rutherglen and Wahgunyah Online Community Survey. Draft Strategy was placed on public display for a 60 day consultation period.

In November 2019 a future planning meeting was conducted with key community stakeholders including members from the Rutherglen Historical Society, Rutherglen Cemetery Foundation, Rutherglen Lions Club and the Wahgunyah History Group. The primary purpose of this session was to review the key issues, opportunities, priority projects and the three key themes/focus areas identified as part of the background review and to develop a clear shared vision. Wider community consultation was conducted during February 2020 including an online community survey and Future Planning Drop-in Sessions in Rutherglen and Wahgunyah. Information obtained during this consultation process has been considered as part of the development of the draft Strategic Plan. Detailed summary of the consultation and key findings from these sessions are included in the Strategic Plan. The draft Strategy, endorsed by Council in May, was then placed on public display for a 60 day consultation period. One submission was received, and it has been circulated via email to Councillors. The submission requested:

Feedback How this has been addressed

More detail in the Strategic Priorities and Action Plan section.

No change to the Strategic Plan. Greater detail will be provided in annual work plans as the strategies and actions are scheduled and implemented.


Feedback How this has been addressed

Opportunities for individuals to have greater input into the application of this Strategic Plan.

No change to the Strategic Plan. The implementation stage of Key Focus Area 3: Stakeholder Engagement & Historical Value will include opportunities for greater community engagement.

CONCLUSION

Carlyle Cemetery Trust manages and maintains the Carlyle Cemetery, a Class B cemetery. The Indigo Shire Council provides the management and administrative support services and the Councillors of the Shire are the Cemetery Trust Trustees. This Strategic Plan confirms Council’s commitment to providing burial and memorialisation services to the citizens of the Indigo Shire in compliance with the Victorian Government’s Cemeteries & Crematoria Act 2003 and Regulations 2005 (amended 2015) and provides a clear and consistent direction for the planning, management and operation of the Carlyle Cemetery. DECLARATION OF CONFLICT OF INTEREST


Mark Florence – Director Community & Economic Development

Kate Biglin – Manager Community Development

Narelle Haw – Coordinator Customer Service

Attachments 1. Carlyle Cemetery Strategic Plan 2020-2024


11.2 RUTHERGLEN VISITOR INFORMATION CENTRE

File No: 2020/641 Mark Florence - Director Community & Economic Development

Community & Economic Development

For Decision

RECOMMENDATION

That Council: 1. Acknowledges and thanks the members of the Rutherglen Wine Centre Board and the

management of Destination Rutherglen for their efforts in managing and operating the Rutherglen Visitor Information Centre for many years.

2. Acknowledges that as of September 1st 2020, the Instrument of Delegation to the Rutherglen Wine Centre Board Section 86 Committee of Council, and any other agreements held between Council and the Rutherglen Wine Centre Board, will cease to exist.

3. Closes all Rutherglen Wine Centre Board bank accounts and transfers all funds to Council, and that control of the Rutherglen Vistor Information Centre area of the Rutherglen Wine Experience building, and its contents revert to Council.

4. Authorises the CEO to continue to undertake all required actions for the management and operations of the Rutherglen Visitor Information Centre to be the full responsibility of Council from September 1st 2020.

5. Authorises the funding within the 2020/21 budget allocated to the Rutherglen Wine Centre

Board, to now be applied within Council’s operating financial budget, for the management and operations of the Rutherglen Visitor Information Centre.

6. Makes application to the Victorian Commission for Gambling and Liquor Regulation, for an

appropriate Liquor License to enable the continuation of the long held practice of wine sales within the Rutherglen Wine Experience building, and as part of the operations of the Rutherglen Visitor Information Centre.

7. Enters into an interim Memorandum of Understanding with Winemakers of Rutherglen for

the use of the Rutherglen Wine Experience building.

RESOLUTION

That Council: 1. Acknowledges and thanks the members of the Rutherglen Wine Centre Board and the

management of Destination Rutherglen for their efforts in managing and operating the Rutherglen Visitor Information Centre for many years.

2. Acknowledges that as of September 1st 2020, the Instrument of Delegation to the Rutherglen Wine Centre Board Section 86 Committee of Council, and any other agreements held between Council and the Rutherglen Wine Centre Board, will cease to exist.

3. Closes all Rutherglen Wine Centre Board bank accounts and transfers all funds to Council, and that control of the Rutherglen Vistor Information Centre area of the Rutherglen Wine Experience building, and its contents revert to Council.


4. Authorises the CEO to continue to undertake all required actions for the management and

operations of the Rutherglen Visitor Information Centre to be the full responsibility of Council from September 1st 2020.

5. Authorises the funding within the 2020/21 budget allocated to the Rutherglen Wine Centre

Board, to now be applied within Council’s operating financial budget, for the management and operations of the Rutherglen Visitor Information Centre.

6. Deferred to the September 2020 Council Meeting to enable further strategic discussions.

7. Enters into an interim Memorandum of Understanding with Winemakers of Rutherglen for

the use of the Rutherglen Wine Experience building. Moved: Cr Shepheard Seconded: Cr Price For: Crs Barb Murdoch, Jenny O'Connor, Sophie Price and Diane Shepheard Against: Crs Bernard Gaffney and James Trenery

CARRIED Cr Goldsworthy left the meeting for the duration of this item, due to a declared conflict of interest.

PURPOSE OF REPORT

This report seeks Council’s authorisation and approval for required actions to be undertaken and implemented to enable the seamless transition of the responsibility for the management and operation of the Rutherglen Visitor Information Centre (VIC), from the Rutherglen Wine Centre Board/Destination Rutherglen to Council from September 1st 2020. BACKGROUND

At its most recent meeting on July 30th 2020, the Rutherglen Wine Centre Board (RWCB) S86 Committee of Council members, passed a resolution to advise Council that it would relinquish responsibility for the management and operation of the Rutherglen VIC, and that the management and operations of the VIC be transitioned to Council on September 1st 2020. The resolution by the RWCB was as a result of:

Disappointment that its submission to the 2020/21 Council budget for additional funding was not successful, and

Concerns regarding the changes to the Local Government Act and the effects on the RWCB Section 86 Committees of Council

Since the resolution was passed, Council has received written advice from the RWCB of its decision which confirms the need to transition the management and operations of the Rutherglen VIC to Council by September 1st 2020.


DISCUSSION

Whilst the decision of the RWCB came as some surprise, it does create an opportunity for Council to consolidate all Visitor Information Centres across the shire within the one stable of operations and under a common management. The opportunities for synergy and cohesive purpose in matters such as staff development, industry servicing, visitor experience, product presentation, and messaging to visitors, are strong, and in Rutherglen, Council will be able to build on the excellent work undertaken by the RWCB and Destination Rutherglen. In order for Council to assume control of the management and operations of the Rutherglen VIC by September 1st 2020, a number of immediate actions are required to be implemented. These include but not limited to:

Interim employment arrangements for existing DR staff.

Maintaining the contribution of volunteers at the VIC.

Assessing existing stock inventory including arrangements with suppliers.

Ensuring appropriate IT, telephone and point of sale systems are in place in accordance with Council requirements.

Establishing an interim Memorandum of Understanding with Winemakers of Rutherglen in relation to the use of the Rutherglen Wine Experience building.

Many of these actions have been commenced in anticipation of a Council decision, and discussions with members of the RWCB and Destination Rutherglen have assisted greatly in the transition work being undertaken. Subject to Council’s decision, officers are confident that the transition will be in place by September 1st 2020, and the VIC will open when it is able to under COVID-19 regulations. It is also recognised that once the transition of the Rutherglen VIC to Council management and operations is completed, there is more important strategic work to be undertaken within Rutherglen over coming months. The commencement of the Rutherglen Placemaking project will be an important opportunity for the community to participate in an examination and exploration of the strengths, challenges, and opportunities which can be distilled into actions which brings community organisations, groups, and individuals together under a common purpose. Central to that is the various roles and structures which can assist in supporting economic growth in the town and surrounding districts, and the various mechanisms which can bring that about. Any ongoing role for Destination Rutherglen needs to be determined by its members, as part of that strategic examination. Similarly the relationship between Council and the Winemakers of Rutherglen, and the input into destination marketing and business development will be important to progress. These matters are not the focus of this report, but are raised as a recognition of the additional work and focus to be undertaken once the Rutherglen VIC transition is completed. Wine Sales at the Rutherglen VIC For at least a decade, wine has been sold at the Rutherglen VIC as part of the Rutherglen Wine Experience offering, and under the licence held by Destination Rutherglen. Other products and merchandise are also sold through the VIC. Recommendation 6 of this report seeks Council’s approval for a Liquor License to be secured by Council so that wine sales can continue at the Rutherglen VIC.


This recommendation may evoke some discussion as to the merits of a Council holding a Liquor License, and being engaged in the sale of wine at a service that it manages and operates. It may be argued that Council holding a Liquor Licence is at odds with its own directions adopted within the Municipal Public Health and Well Being Plan (MPHWP) in relation to development of a safer alcohol culture within the shire. The MPHWP indicates that Indigo Shire ranks above the state average when it comes to drinking at a level that puts residents at risk of alcohol related injury in a single occasion, and that the shire rates above the state average in lifetime risk of alcohol related harm. The MPHWP also recognises that Indigo Shire is home to a well-established wine industry, a raft of thriving cafés, restaurants and pubs and breweries. The contribution of these local businesses to the local economy, tourism and the social fabric of the communities is acknowledged and valued. The MPHWP specifies ways that Council can contribute to the reduction of alcohol related harm by controlling alcohol availability, through planning decisions, by promoting safer drinking cultures and building local partnerships that will bring about change. The MPHWP promotes harm minimisation from the misuse of alcohol, and focuses on strategies which support responsible behaviours and actions rather than significantly reducing the supply or prohibition of alcohol. The MPHWP advocates for a balanced approach which seeks to highlight Council’s responsibilities to protect and promote public health outcomes, and to maximise the development of the local and shire economy through the particular product strengths. In Rutherglen, there is no greater strength to the tourism and business economy than the production and profiling of local wines. Council’s establishment many years ago of the RWCB S86 Committee of Council, and its associated Instrument of Delegation overseeing the operations of the VIC via Destination Rutherglen, which include wine sales, in effect has provided a demonstrable support for the sale of wine from the VIC. The Rutherglen Wine Experience building is jointly owned by Council and the Winemakers of Rutherglen, and the fact that the owners have called the building the Rutherglen Wine Experience demonstrates that a major focus of the experience for visitors and community is wine, and that wine sales are part of that experience.

Selling wine at a VIC within a wine region such as Rutherglen serves a number of important purposes, including:

Providing local wine producers with an alternative marketing platform;

Improving the VIC experience for visitors;

Promoting an industry strength of the region; and

Providing commercial opportunities for wine producers and the VIC operator The report A National Perspective on Visitor Information Servicing, which is a collaboration of State Government and tourism organisations, highlights the economic and social role that VICs play for the local economy:


“VICs play a critical role in promoting local businesses, events and council and community services to visitors. Through the information shared and the skilful sales and advice provided in person and online, VICs can have a positive impact on the overall visitor experience and unlock visitor spending, facilitating a flow on effect through increased visitor expenditure and stay duration.”

The report identifies one of the key social impacts of VICs is to support local producers by showcasing and selling their products through the VICs. Key recommendations within the report related to visitor servicing include:

Harness commercialisation opportunities that offer value-add services to visitors, industry and the local community;

Consider the services and experiences that the VIC could offer to reinforce the area’s story, create a point of difference, add value to the visitor experience and increase dwell time in the centre and destination.

A national lens finds there are a host of Council-run VICs throughout Australia’s key wine regions which offer local wine as one component of the retail offer. Table 1 provides a snap shot of a range of VIC’s which include Councils as the operator, the product offered at each centre, and the liquor license holder. Clearly the sale of wine at VIC’s in established and well recognised wine regions has many advantages. Council officers are of the view that the continuation of the long held practice of wine sales at the Rutherglen VIC is important to the profiling of a region’s strength of product, the experience of visitors to Rutherglen, and the local wine producers. Officers are also of the view that Council holding a liquor licence is a not a contradiction to its responsibilities to protect public health and minimise harm, and that the regulations governing liquor licence holders, along with the initiatives outlined in the MPHWP can establish a balanced response to create overall community benefit. Table 1: Summary of Council operated Visitor Information Centres – Product offerings Information Centre Location Product Wine Region Operator Licensee

Bendigo Information Centre

Bendigo, VIC

Wine

Arts and Craft

Food

Merchandise

Bendigo Council operated

City of Greater Bendigo

Greater Shepparton Visitor Centre

Shepparton, VIC

Wine

Arts and Craft

Food

Merchandise

Goulburn Valley

Council operated

Greater Shepparton City Council

Alpine Visitor Information Centre

Bright, VIC

Wine

Beer

Food

Merchandise

Alpine Council operated

Alpine Shire Council

Horsham and Grampians Visitor Information Centre

Horsham, VIC

Wine

Food

Merchandise

Grampians Council operated

Horsham Rural City Council

Phillip Island Visitor Information Centre

Phillip Island, VIC

Wine

Arts and Craft

Food

Merchandise

Gippsland Council operated

Bass Coast Shire Council Economic Development Manager


Information Centre Location Product Wine Region Operator Licensee

Wagga Wagga Visitor Information Centre

Wagga Wagga, NSW

Wine

Arts and Craft

Food

Merchandise

Riverina Council operated

Wagga Wagga City Council

Hunter Valley Visitor Centre

Pokolbin, NSW

Wine

Arts and Craft

Food

Merchandise

Hunter Valley Council operated

Cessnock City Council

Southern Highlands Welcome Centre

Mittagong, NSW Wine

Food

Merchandise

Southern Highlands

Council operated

Wingecarribee Shire Council

Denmark Visitor Centre

Denmark, WA Wine

Food

Merchandise

Great Southern

Amazing South Coast

Unconfirmed

Canberra and Region Visitors Centre

Canberra, ACT

Wine

Beer

Food

Merchandise

Canberra District

VisitCanberra Treasury & Economic Development Directorate

Mudgee Visitor Information Centre

Mudgee, NSW

Wine

Arts and Craft

Food

Merchandise

Mudgee Mudgee Region Tourism

Mid-Western Regional Council

Options

1. Approve and authorise all actions as recommended in the report to enable the transition of the management and operations of the Rutherglen VIC to Council on September 1st 2020. This is the recommended option as it will allow for a seamless transition of services at the Rutherglen VIC with no impact to visitors, industry or the community.

2. Delay any decision and seek other service operator interest.

This is not recommended as it would create a gap in service provision, risking visitor and industry angst, and would not allow for an immediate inclusion of the Rutherglen VIC into the stable of Council managed and operated VIC’s.

3. Not support the application to the Commission for Gambling and Liquor Regulation for an

appropriate Liquor License for Council to conduct wine sales at the Rutherglen VIC. This is not recommended as it would cease a long standing arrangement at the Rutherglen VIC, diminish the visitor experience, and negate local and regional wine producer opportunity.

STRATEGIC CONTEXT


Theme 3. Indigo's Economy

Strategic Objective 3.2 Indigo Shire has a thriving tourism industry

Strategic Action 3.2.3 Finalise and implement the review of Visitor Information Services


Visitor Information Centres are important to the tourism and visitor economy, and the Rutherglen VIC has made contributions to the support of the visitor economy, along with the VIC’s at Beechworth, Yackandandah, and Chiltern. The transition of the management and operations of the Rutherglen VIC to Council, does provide a range of strategic opportunities, which if implemented will grow the influence of VIC’s as important tourism industry and visitor experience hubs. Having all VIC’s within the Council stable enhances the opportunities for increased synergies across all VIC’s, including branding, service and product offerings, work with industry and tourism business operators, and to play a role in businesses from a range of sectors being developed and supported. SOCIAL/COMMUNITY IMPLICATIONS

A seamless transition to Council as the manager and operator of the Rutherglen VIC will provide not only continuity of service for the visitors and community, but will also provide some comfort that the “new” manager and operator is experienced in the operations of VIC’s and will provide an integrated and cohesive visitor servicing model across the shire. When the Rutherglen VIC is able to be opened again after COVID-19 restrictions are eased, the community will see no change to the service, including the same staff and volunteers. ENVIRONMENTAL IMPLICATIONS

Whilst this report does not deal with any specific environmental issues, the bringing of the Rutherglen VIC into the Council stable of VIC’s will allow for existing and future environmental initiatives to be implemented in Rutherglen. FINANCIAL IMPLICATIONS

Approved Budget

$

This Proposal $


Comments

Revenue - - -

Expense $120,894 $120,894 $0 Remaining ten months of 2020/21 year. Balance of usual allocation to RWCB

Net Result ($120,894) ($120,894) $0

The financial implications for the 2020/21 year are based on a net cost to Council of $120,894 to manage and operate the Rutherglen VIC, with this figure being the balance of $145,000 allocated to the RWCB as part of Council’s 2020/21 budget. LEGISLATIVE IMPLICATIONS

N/A




Community concern about VIC service continuity

Possible Moderate Low The implementation of the Transition Plan will ensure a seamless commencement of management and operations by Council.





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

Joint communications from Council, and the RWCB/Destination Rutherglen has informed the community and other stakeholders of the transition and the various activities to be implemented.




Inform We will keep you informed. Joint communications from Council, and the RWCB/Destination Rutherglen will continue to inform the community and other stakeholders of the transition and the various activities being implemented.

CONCLUSION

The adoption of the recommendations in this report will allow for the transition activities associated with Council assuming control of the management and operations of the Rutherglen VIC to continue and to ensure Council oversight of that process through its decision. It is recognised that the transition will be undertaken in a short period of time, but there is every confidence that the transition activities will be successfully implemented, and more importantly, the service offered at the Rutherglen VIC will continue to be effective. The opportunities to emanate from the change to Council’s management and operation at the Rutherglen VIC are strategically significant, and will support a strong, integrated and cohesive VIC service provision across the shire.




Mark Florence - Director Community and Economic Development

Attachments Nil


12. INFRASTRUCTURE SERVICES

12.1 JULY CAPITAL WORKS REPORT

File No: 2020/635 Ewen Oldmeadow - Manager Capital Projects Infrastructure Services

For Information

RECOMMENDATION

That Council notes the capital works report and the year to date achievements in the delivery of the capital works program.

RESOLUTION

That Council notes the capital works report and the year to date achievements in the delivery of the capital works program. Moved: Cr Goldsworthy Seconded: Cr Shepheard For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,



The purpose of this report is to update Council about progress of the 2020/21 capital works program and to provide details on individual projects. BACKGROUND

At the ordinary council meeting on the 28th July, Council adopted the 2020/21 budget including a capital works program totalling $12.545 million, and works totalling $1.322 million in non-Council owned infrastructure. The budget has a heavy focus on roads infrastructure ($2.660 million) and footpaths, tracks and trails ($4.054 million) across Indigo Shire. Significant funding ($2.528 million) has also been made available for open spaces, parks & gardens and sporting facilities. Year to date actual expenditure to the end of July is: Capital $607,480 Non-ISC $12,607 TOTAL $628,087 The YTD expenditure at the same point in the previous year totalled $286,045. Details of the capital works delivery program and current end of year forecast position are included in the attached Capital Works Monitor.


DISCUSSION

Project Highlights Lake King – Communities and Environment Program Council staff and the Rutherglen community have planted just under 4,000 trees, shrubs and grasses at Lake King, Rutherglen. This is on top of the thousands of aquatic and ephemeral hiko cells already planted by the landscape contractor. These planting works see the end of the Rutherglen Economic Revitalisation Project. Over the coming spring months Council will maintain the new gardens and establish a handover process back to DELWP. Yackandandah outfall drain In July, Council staff completed the works on the new outfall drain from the back of the Yackandandah Council depot down Railway Avenue and into Commissioners Creek. This significant piece of drainage infrastructure will prevent flooding of privet residents and provide for future development. Purchase of NECMA land – Kiewa Council is now in the midst of finalising the purchase of the old North East Catchment Management Authority depot site in Kiewa with settlement due at the end of August.

Public Tenders Issued/Under assessment;

Section 4 Beechworth to Yackandandah Rail Trail

Yackandandah Memorial Gardens Fence

Wooragee Tennis Court (electrical, fencing, earthworks)

Yackandandah Depot shed works

Minor trades and other services Contracts Awarded:

Footpath concrete works – Tangambalanga

Minor trades and services Monthly Financials July actual Income and Expense

Income $(0.00)

Expense $621,087 Expenditure

Cost Centre YTD

Actuals Adopted Budget % Complete Notes

Buildings

9200. Community Facilities 35,728 856,000 4%

9210. Museums & Historical Sites 6,777 555,000 1%

9220. Public Halls 2,347 160,000 1%

9240. Swimming Pool Facilities 1,675 60,000 3%

9250. Municipal Offices 173 242,739 0%

Total Buildings 46,700 1,873,739 2%


Cost Centre YTD


Drainage

9500. Drainage 55,455 541,200 10%

Total Drainage 55,455 541,200 10%

Land

9100. Land 181,871 245,000 74%

Total Land 181,871 245,000 74%

Non ISC Owned Assets

9700. NON ISC Assets 12,691 1,322,349 1%

Total Non ISC Owned Assets 12,691 1,322,349 1%

Openspace

9600. Parks & Gardens 2,753 55,000 5%

9610. Recreation Reserves 2,789 1,267,553 0%

Total Openspace 5,543 1,322,553 0%

Plant & Equipment

9300. Motor Vehicles & Plant 48,740 787,652 6%

9310. Furniture & Equipment 1,457 125,000 1%

9315. Computers & Telecommunications 14,409 552,048 3%

9320. Library Services 2,077 65,000 3%

Total Plant & Equipment 66,683 1,529,700 4%

Roads

9400. Bridges 0 120,000 0%

9420. Footpaths & Bikepaths 182,176 4,054,019 4%

9430. Kerb & Channel 1,144 190,000 1%

9440. Rural Roads 54,678 1,632,171 3%

9445. Annual Gravel Re-sheeting 1,069 635,000 0%

9450. Urban Roads 13,077 393,000 3%

9460. Streetscape Works 0 9,000 0%

Total Roads 252,144 7,033,190 4%

Grand Total 621,088 13,867,731 4%

Significant Expenditure Variance Notes; There are no significant variances to the adopted budget expenditure for the month of July.

Income

Cost Centre YTD


Buildings


Cost Centre YTD


9200. Community Facilities 0.00 (750,000.00) 0%

9210. Museums & Historical Sites 0.00 (260,000.00) 0%

9220. Public Halls 0.00 0.00

9240. Swimming Pool Facilities 0.00 0.00

9250. Municipal Offices 0.00 0.00

Total Buildings 0.00 (1,010,000.00) 0%

Drainage

9500. Drainage 0.00 (40,000.00) 0%

Total Drainage 0.00 (40,000.00) 0%

Non ISC Owned Assets

9700. NON ISC Assets 0.00 (710,000.00) 0%

Total Non ISC Owned Assets 0.00 (710,000.00) 0%

Openspace

9600. Parks & Gardens 0.00 (55,000.00) 0%

9610. Recreation Reserves 0.00 (1,080,000.00) 0%

Total Openspace 0.00 (1,135,000.00) 0%

Plant & Equipment

9300. Motor Vehicles & Plant 0.00 (297,652.00) 0%

9310. Furniture & Equipment 0.00 (5,000.00) 0%

9315. Computers & Telecommunications

0.00 0.00

9320. Library Services 0.00 (65,000.00) 0%

Total Plant & Equipment 0.00 (367,652.00) 0%

Roads

9400. Bridges 0.00 0.00

9420. Footpaths & Bikepaths 0.00 (3,696,864.00) 0%

9440. Rural Roads 0.00 (1,160,800.00) 0%

9450. Urban Roads 0.00 (150,000.00) 0%

Total Roads 0.00 (5,007,664.00) 0%

Grand Total 0.00 (8,270,316.00) 0%

Q2 Significant Income Variance Notes; There are no significant variances to the adopted budget income for the month of July. STRATEGIC CONTEXT





There is no specific reference in the Council Plan about the broader capital works program, however many of the individual projects and programs are referred to specifically in the Council Plan. SOCIAL/COMMUNITY IMPLICATIONS

Capital works projects often have a direct positive impact on the community. Project staff engage closely with the community and stakeholders to identify the project scope and ensure expectations align with deliverables. ENVIRONMENTAL IMPLICATIONS

Project staff continue to consider potential environmental impact in all aspects of their works and to adopted works practices to minimise the impact. Each discrete project’s environmental impact is assessed by project officers during the planning and implementation of the project. When required an Environmental Management Plan (EMP) is developed to control and minimise the potential impact.


Details of expenditure and income are set out in the Capital Works monitor attached to this report. This report details the progress of the capital works program. LEGISLATIVE IMPLICATIONS

Council is required to responsibly manage and report on the budget quarterly including capital works. The Local Government Act 1989 (the Act) requires regular financial reporting to Council. The procurement requirements of the Act as well as Council’s Procurement Policy are adhered to with all expenditure. RISK & OPPORTUNITY MANAGEMENT

Every project has unique risks and opportunities. Risk management is conducted at the project level and is embedded as part of the project delivery methodology. COMMUNITY ENGAGEMENT

Community and other stakeholder engagement is done on a project level and varies according to the project deliverables and impacts on the community. CONCLUSION

Despite the annual budget being adopted at the July meeting, project planning is well underway and works are progressing from those projects ongoing from last year. DECLARATION OF CONFLICT OF INTEREST


Ian Ellett - Director Infrastructure Services

Ewen Oldmeadow - Manager Capital Projects

Attachments 1. Capital Works Monitor July 2020/21


12.2 DISCONTINUANCE OF PART OF ROAD RESERVE - 91 HIGH STREET RUTHERGLEN

File No: 2020/650 Paul McLachlan - Manager Assets & Property Infrastructure Services

For Decision

RECOMMENDATION

That Council: 1. In accordance with the process prescribed in Section 12 of the Road Management Act 2004,

gives public notice of its intention to close part of the laneway at the rear of 91 High Street Rutherglen, as described by Survey Plan M7263 (46m2) and to sell the closed parcel to the abutting landowner, for the value of $3,000 (including GST).

2. Authorise the Chief Executive Officer to undertake the administrative procedures necessary to enable Council to carry out its functions under Section 12 of the Road Management Act 2004, and the Local Government Act 1989 in relation to this matter.

3. Notes that any objections received are required to be considered by Council before a final decision is made.

4. In the event that no objections are received, authorises the CEO to discontinue part of the laneway at the rear of 91 High Street Rutherglen, as described by Survey Plan M7263 (46m2) and to sell the closed parcel to the abutting landowner.

RESOLUTION

That Council: 1. In accordance with the process prescribed in Section 12 of the Road Management Act 2004,

gives public notice of its intention to close part of the laneway at the rear of 91 High Street Rutherglen, as described by Survey Plan M7263 (46m2) and to sell the closed parcel to the abutting landowner, for the value of $3,000 (including GST).

2. Authorise the Chief Executive Officer to undertake the administrative procedures necessary to enable Council to carry out its functions under Section 12 of the Road Management Act 2004, and the Local Government Act 1989 in relation to this matter.

3. Notes that any objections received are required to be considered by Council before a final decision is made.

4. In the event that no objections are received, authorises the CEO to discontinue part of the laneway at the rear of 91 High Street Rutherglen, as described by Survey Plan M7263 (46m2) and to sell the closed parcel to the abutting landowner.

Moved: Cr Goldsworthy Seconded: Cr Murdoch For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,


CARRIED


PURPOSE OF REPORT

The purpose of this report is to present the proposal for decision to discontinue part of a road which was a former Night-Cart Lane behind 91 High Street Rutherglen, to allow sale and consolidation of this land with private property to the west of this road reserve. The neighbouring land contains a building that was built over the road. It is considered that the land is of no future use for Council as a roadway, so closure and sale of the land will allow the existing building to be contained within a single title. There is a current building notice on this property, relating to the fact that part of the building is on publicly owned land. The road reserve is freehold land and clearly vests in Council, and all abutting landowners have provided written consent to the road closure. Valuation of the land has been obtained and the offer to purchase the land for $3,000 (including GST) is consistent with the valuation advice and therefore considered acceptable. BACKGROUND

Council has received a request from the landowner at 91 High Street, Rutherglen, to discontinue a small section of unused Council road reserve behind number 91, and to sell that portion of land to them. This is in order to allow consolidation of the land with the rear part of their property (being the land immediately to the north-west of the road reserve segment).

The attached survey details the portion of the road to be closed, with dimensions.

The front and rear parcels adjacent to this section or road reserve are in common ownership. The landowner has obtained letters of consent from all nearby landowners to the road reserve, including from the St Mary’s Primary School. The section of road reserve contains part of an existing building and has for many years. The owner is looking to purchase the section of land to allow the building to be situated on one title, in their ownership, and they have offered $3,000 (including GST) to purchase the section of land, in addition to paying for survey and legal registration costs.

A Valuation Report was prepared for the land by LG Valuation Services Pty Ltd, valuing the road reserve land shown below. They have valued the land between $2,750 & $3,300 if it was to be consolidated with the rear land, as proposed.


Figure 1. Location and Context Plan

DISCUSSION

The process to discontinue a road is described in Section 12 of the Road Management Act 2004 (RMA). Generally, the process for Council in this case as described in the RMA is as follows:


Council may, by notice published in the Government Gazette, discontinue a road or part of a road.

Council must publish a public notice stating that submissions will be considered in accordance with Section 12, of the RMA, and Council must give a copy of the public notice to each infrastructure manager (this is referring to utilities, such as Telstra, NBN, North East Water etc.).

Council must consider any written submission, which is received by the discontinuing body within 28 days after the publication of the public notice.

Any person who has made a written submission to the Council and requested to be heard in support of the written submission is entitled to appear in person at a meeting with the Council.

Council must take into consideration all the submissions made. The section of Road Reserve is a dead end section of a long disused night-cart lane. There is no strategic use for Council to retain the road reserve, and it will allow the neighbouring landowner to consolidate their land and retain their dwelling on a single parcel of freehold land. Following the gazettal of the road discontinuance, there would be a freehold parcel of land, 46m2 in area, owned by Council. A contract of sale would need to be prepared and the land transferred to the abutting landowner, for the value of $3,000 (including GST). Following sale, the landowner will be required to consolidate the parcel of land with their remaining allotment. STRATEGIC CONTEXT


Theme 2. Indigo's Places, Township & Infrastructure

Strategic Objective 2.2 We have an attractive and well-maintained built environment, streetscapes, open spaces and trees

Strategic Action 2.2.3 Review the use of Council buildings and properties


It is considered appropriate to discontinue a surplus piece of road and to formalise its future ownership and management as requested. It is not considered to have any implications for the broader community. ENVIRONMENTAL IMPLICATIONS

There are no specific environmental implications associated with this issue but the proposed discontinuance and sale will bring the land management in line with the adjacent private land. FINANCIAL IMPLICATIONS

Approved Budget

$

This Proposal $


Comments

Revenue Nil $3,000 $3,000 Including GST

Expense Nil $1,500 ($1,500) Valuation, advertising, gazettal, legal fees and officer time

Net Result $0 $1,500 $1,500


There will be some minor expenditure in valuation, advertising, gazettal, legal fees and officer time that will be covered under existing operational budgets. LEGISLATIVE IMPLICATIONS

The process set out in this report is in accordance with relevant legislative requirements set out in the Road Management Act 2004 and the Local Government Act 1989. RISK & OPPORTUNITY MANAGEMENT

The road reserve in question has not been in use for access for many years, and there is no future use for the public. The current proposal has been consented to by all neighbouring landowners. There is a risk with the time frame for the proposal. With timing of the report, if any objections are received within the 28-day notice period, these will be received during Caretaker Period, and a further report to Council to consider any objections may not occur until the new Council term. COMMUNITY ENGAGEMENT


As part of the proposal, the proponent has provided written consent to the road closure from the St Mary’s Primary School, who are the only abutting land owner to the road reserve, aside from the proponent. Written consent to the proposal from the nearby residents along High Street (95 and 97) have also been provided to Council. CONSULTATION/COMMUNICATION PROPOSED

Formal consultation for the Road Discontinuance and sale of land will be carried out as one public notice is proscribed as discussed above within the RMA. No further consultation is proposed. CONCLUSION

It is recommended that this portion of Council Road Reserve be discontinued and sold, to allow the abutting landowner to consolidate the land within their title, resulting in their dwelling being on a single, privately owned parcel of land. This will not have any detrimental impact on the public or neighbouring property owners. DECLARATION OF CONFLICT OF INTEREST


Ian Ellett – Director Infrastructure Services

Paul McLachlan – Manager Assets & Property

Attachments 1. Survey Plan of Road Discontinuance - 91 High Street Rutherglen


13. EXECUTIVE MANAGEMENT

13.1 REVIEW OF COUNCIL PLAN 2017-2021

File No: 2020/640 Melinda Grigg - Executive Manager Engagement & Communications

Executive Management

For Decision

RECOMMENDATION

That Council adopts the attached Council Plan 2017-2021 for the purposes of Section 125 of the Local Government Act 1989, with the following changes:

Amendments to the timing of actions to be carried forward and completed in 20/21:

2.1.11 Develop a Parking Strategy for Beechworth and Yackandandah

2.3.3 Complete the walking/cycling track from Wahgunyah to Lake Moodemere

2.3.8 Develop a Trails Strategy, including Chiltern to Rutherglen and the Lake Moodemere Trail

2.4.2 Review museums, athenaeums and historic collections in all towns

3.2.2 Develop a strategic plan for caravan park amenities across the Shire

3.2.3 Finalise and implement the review of the Visitor Information Services

5.2.2 Review and implement relevant changes arising from the review of the Local Government Act

RESOLUTION

That Council adopts the attached Council Plan 2017-2021 for the purposes of Section 125 of the Local Government Act 1989, with the following changes:

Amendments to the timing of actions to be carried forward and completed in 20/21:

2.1.11 Develop a Parking Strategy for Beechworth and Yackandandah

2.3.3 Complete the walking/cycling track from Wahgunyah to Lake Moodemere


2.4.2 Review museums, athenaeums and historic collections in all towns

3.2.2 Develop a strategic plan for caravan park amenities across the Shire

3.2.3 Finalise and implement the review of the Visitor Information Services


Moved: Cr Shepheard Seconded: Cr Goldsworthy For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,


CARRIED


PURPOSE OF REPORT

This report presents the Council Plan 2017-2021 with proposed updates to the timing of a number of projects. BACKGROUND

The Council Plan 2017-2021 has been in operation since 1 July 2017, and was last reviewed in June 2019. It is a requirement under the Local Government Act Section 125 (7) that ‘at least once in each financial year, a Council must consider whether the current Council Plan requires any adjustment in respect of the remaining period of the Council Plan’. Council conducted extensive community engagement to inform the current Council Plan, via a survey to every home, nine community engagement meetings, and six Listening Posts during 2017. The final Council Plan was well received in the community. This year, 2020/21, represents the fourth and final year of the term of this Council Plan. DISCUSSION

The changes proposed to the Council Plan reflect primarily on challenges posed by COVID-19 restrictions and their impact on Council’s ability to adequately engage with the community on such circumstances. There are a number of changes to the timing of projects, however all items included are proposed to be delivered in the life of this Council Plan. The following items from 2019/20 are expected to be completed in 2020/21. It is therefore proposed that they be relisted for completion in that year. Most items were impacted by the COVID-19 restrictions, while the review and changes arising from the new Local Government Act were dependent upon the actual passing of the Act which was delayed by the State. The following items are therefore deferred to 2020/21:- 2.1.11 Develop a Parking Strategy for Beechworth and Yackandandah 2.3.3 Complete the walking/cycling track from Wahgunyah to Lake Moodemere


2.4.2 Review museums, athenaeums and historic collections in all towns 3.2.2 Develop a strategic plan for caravan park amenities across the Shire 3.2.3 Finalise and implement the review of the Visitor Information Services


It is important that the whole community has an opportunity to provide input into this review to ensure continuing alignment of community aspirations with the actions in the Council Plan. The draft plan was placed on public exhibition at the same time as the draft 20/21 budget and received no submissions. Options

Council may wish to reject the proposed changes or propose other amendments as appropriate.


STRATEGIC CONTEXT





The review of the Council Plan provides the community with an opportunity to provide feedback on its content and is an important checking mechanism for Council to test if the Council Plan is still in alignment with community aspirations. ENVIRONMENTAL IMPLICATIONS

Section 4 of the Plan addresses Indigo’s Environment & Sustainability and outlines a wide range of actions.


The Council Plan is one document that informs the Council budget. The 2020/21 budget considered this updated version of the Council Plan in its development and adoption by council. LEGISLATIVE IMPLICATIONS

It is a requirement under the Local Government Act Section 125 (7) that ‘at least once in each financial year, a Council must consider whether the current Council Plan requires any adjustment in respect of the remaining period of the Council Plan’. The review of the Council Plan will allow for any adjustments over the remaining life of the plan as required by the Local Government Act. Ordinarily this would be conducted by 30 June each year. This year has seen a delay to the timetable granted by the Minister as part of COVID-19 arrangements.



The risk is that the Council Plan will not reflect community views and expectations

Possible Minor Low The Council Plan was placed on public display for 28 days.






Community drop in sessions, website, media release, advertising in the Indigo Connection, social media and on display in customer service centres.

The attached Council Plan was placed on public exhibition at the same time as the Draft Budget 2020/21. There were no submissions received.


Processes for communication ordinarily include via our website, Weekly Update newsletters, Facebook, a media release, advertising, display at Customer Services Centres and at face to face information sessions across the Shire. This year given COVID-19 restrictions, communications was limited to contactless forms of engagement only. Accordingly, on site information sessions and displays within Customer Service Centres was suspended. CONCLUSION

The public display of the reviewed Council Plan complies with the Local Government Act and is an important process to ascertain if it is still in alignment with community aspirations. DECLARATION OF CONFLICT OF INTEREST


Mel Grigg – Executive Manager Engagement & Communication

Attachments 1. Council Plan 2017-2021 - Reviewed July 2020


13.2 INSTRUMENT OF APPOINTMENT AND AUTHORISATION - PLANNING AND ENVIRONMENT ACT

File No: 2020/662 Dalene Voigt - Executive Manager People & Governance


For Decision

RECOMMENDATION

In the exercise of the powers conferred by Section 224 of the Local Government Act 1989 and the other legislation referred to in the attached Instruments of Appointment and Authorisation, Indigo Shire Council resolves that: 1. Belinda Jenkin, Town Planner with the Indigo Shire Council, be appointed and authorised under

section 147(4) of the Planning and Environment Act 1987 as set out in the attached instrument.

2. The Instrument of delegation comes into force immediately upon resolution of Council.

3. The Instrument remains in force whilst the officer remains employed by Council, or until Council determines to vary or revoke it.

RESOLUTION

In the exercise of the powers conferred by Section 224 of the Local Government Act 1989 and the other legislation referred to in the attached Instruments of Appointment and Authorisation, Indigo Shire Council resolves that: 1. Belinda Jenkin, Town Planner with the Indigo Shire Council, be appointed and authorised under

section 147(4) of the Planning and Environment Act 1987 as set out in the attached instrument.

2. The Instrument of delegation comes into force immediately upon resolution of Council.

3. The Instrument remains in force whilst the officer remains employed by Council, or until Council determines to vary or revoke it.

Moved: Cr Price Seconded: Cr Murdoch For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,



The purpose of this report and the attached Instrument is for Council to appoint Belinda Jenkin as an Authorised Officer under the Planning and Environment Act 1987 (Act) - so Belinda can fulfil the functions of her position as Town Planner.

BACKGROUND

Under the Act, Council officers must be appointed and authorised directly by Council rather than by the Chief Executive Officer, as there are no powers provided for this sub-delegation.


The Instrument of Appointment and Authorisation provides the legal basis to undertake inspections and other planning duties as required. An instrument of appointment and authorisation differs from an instrument of delegation. An ‘authorised officer’ has the powers of that position as prescribed by the relevant legislation. In a delegation, an officer acts on behalf of Council in the exercising of specific powers, functions and duties. Appointments are made to an individual by name, whereas delegations are made to position titles. The attached instrument is based on the templates provided by Maddocks Lawyers Delegations and Authorisations Service. This legal service provides templates for Instruments of Appointments that meet legislative requirements. The use of these model documents will ensure Council has in place compliant authorisations to relevant Council staff. DISCUSSION

In early August 2020, a new Town Planner, Belinda Jenkin, joined Council’s planning team to fill a maternity leave position for 12 months. As with all town planners, it is required that they be appointed by Council to act under the Act via an instrument of appointment and authorisation. When Belinda finishes in her role, Council will be required to revoke the Instrument of Appointment and Authorisation and will retrieve the officer’s “Authorised Officer” identity card as part of the exit procedure, ensuring there is no risk of inappropriate use. Options

Nil STRATEGIC CONTEXT




The appointment of an authorised officer under the Act demonstrates the due consideration Council gives to allowing officers to perform certain duties under specific legislation. This indicates that Council complies with legislation, ensuring its officers are duly authorised, and its business is conducted with transparency. SOCIAL/COMMUNITY IMPLICATIONS

The formal appointment to this position ensures the community that Council authorises Belinda Jenkin to perform the duties of town planner within the scope of the Planning & Environment Act 1987. ENVIRONMENTAL IMPLICATIONS

Nil FINANCIAL IMPLICATIONS

There are no financial implications to Council relating to the issuing or revoking of an instrument of delegation.



It is important that officers are properly authorised by Council, when undertaking a role as an authorised officer. This ensures that the officer is permitted act under the relevant legislation and in their official capacity. In order for Belinda Jenkin to undertake her day-to-day duties it is required that she is appointed as an authorised officer for the purposes of the Planning and Environment Act 1987. RISK & OPPORTUNITY MANAGEMENT


An officer acts under the Act without being formally appointed by Council. An officer is appointed under inappropriate or wrong legislation

Unlikely Unlikely

Moderate Moderate

Medium Medium

When a new officer is appointed in a role, the governance team checks the authorised officer status. This triggers the process for formal appointment by Council in accordance with procedures. Council’s appointed legal service issues an updated template that Council uses to ensure the accuracy. Once drafted, the Instrument is approved by various officers including the relevant manager and the Director of Planning & Corporate Services.



No public consultation was undertaken. CONSULTATION/COMMUNICATION PROPOSED

No future consultation is proposed. CONCLUSION

It is recommended that Council resolve to appoint and authorise Belinda Jenkin, Town Planner, as referred to in the attached Instrument.





Annabel Harding – Governance Officer

Attachments 1. Instrument of Appointment & Authorisation - Planning & Environment Act - Jenkin


13.3 INSTRUMENTS OF DELEGATION



For Decision

RESOLUTION

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 Staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument.

3. Notes that the delegations comes into force immediately upon resolution of Council.

4. Revokes all previous delegations to the Chief Executive Officer and to Members of Staff.

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 11(1)(b) of the Local Government Act 2020, and the Instrument of Delegation to Members of Staff is in accordance with the legislation referred to in the attached instrument of delegation.

RESOLUTION

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 Staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument.

3. Notes that the delegations comes into force immediately upon resolution of Council.

4. Revokes all previous delegations to the Chief Executive Officer and to Members of Staff.

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 11(1)(b) of the Local


Government Act 2020, and the Instrument of Delegation to Members of Staff is in accordance with the legislation referred to in the attached instrument of delegation.

Moved: Cr Goldsworthy Seconded: Cr Shepheard For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,


CARRIED

PURPOSE OF REPORT

To present the updated Instruments of Delegation to Council for adoption. Under the 2020 Local Government Act, the delegations require adoption by the 1 September 2020. Each instrument is attached in marked-up form to show the changes since the last review. BACKGROUND

What is the Purpose of Each Instrument? 1. The Instrument of Delegation – Council to Chief Executive Officer allows the general

delegation from Council to the CEO (pursuant to section 11(1) of the Act) and is required to be adopted by Council. This has been reviewed by the CEO and is attached with marked-up changes for EMT information.

2. The Instrument of Delegation - Council to Members of Council Staff. This document allows for a direct delegation of power, duties and functions from Council to staff, for acts and regulations. When other acts do not provide an express power of sub-delegation, there is a presumption that they may not be sub-delegated. Therefore, it is assumed the power of delegation contained in the other acts may only be delegated directly by Council to staff. For this reason, there is a separate instrument. This instrument must be adopted by Council.

There are other instruments which allow for the delegation of the CEO’s powers, duties and functions. These come into force upon sign-off from the Chief Executive Officer and therefore do not need a council resolution.

3. The Instrument of Sub-Delegation by Chief Executive Officer allows the powers delegated from Council to the CEO to be further delegated to Council Staff (section 47(1)(a)).

4. The Instrument of Delegation by Chief Executive Officer allows the powers, functions and duties vested specifically in the CEO under all Victorian legislation to be delegated directly to staff.

5. The Instrument of Sub-Delegation by Chief Executive Officer – Miscellaneous and Administrative Powers – Council’s local laws have previously been added to the Instrument of Sub-delegation by CEO Maddocks template. In RelianSys, the Maddocks templates cannot be edited with Council-specific delegations, so these provisions must be dealt with in a separate document.

6. The Instrument of Delegation – Chief Executive Officer for VicSmart Applications - allows the CEO to delegate to staff under section 188 of the Planning & Environment Act 1987.

7. The Instrument of Delegation by Chief Executive Officer – Financial Limits – Council’s procurement limits are contained here.


Changes under LGA 2020 Under the Local Government Act 2020 (the ‘2020 Act’) there are changes to how Council’s delegations operate. Section 11(1) of the 2020 Act allows a Council to delegate its powers, duties and functions to:

1. The members of a delegated committee; and

2. The CEO.

This is a change from the 1989 Local Government Act (the ‘1989 Act’), where Council was able to delegate to the CEO and members of Council Staff. Under the 2020 Act, Council has the general delegation to the CEO who in turn sub-delegates to staff. This arrangement is specific to the LGA - for other types of legislation, Council still needs to delegate directly to staff. Therefore the instrument of Delegation Council to Staff continues to exist to allow for these kinds of delegations, however the 2020 LGA is not listed in this instrument. As there are currently no delegated committees, there are no corresponding instruments to consider under section 11(1)(a). The delegation to the CEO continues in a similar format to previously, where a general delegation is made with specific exceptions. Under section 11(7) of the Act, a Council must review all delegations in force within 12 months of a general election. Under section 47(1) of the Act, the CEO may delegate powers, duties and functions to:

1. A member of Council staff; and

2. The members of a Community Asset Committee (CAC).

These instruments have been reviewed by EMT and will be signed off by the CEO after Council adoption of the attached delegations. Under the 2020 Act these delegations must be approved on or before 1 September 2020. Removal of Council Seal: In previous years, the Council seal has been affixed to the adopted Instruments of Delegation. It is recommended that the Council seal no longer be affixed to the delegations, as they can come into force upon the resolution of Council. This is based on advice from Maddocks lawyers who suggest that there is no legal requirement for the seal, and its removal does not reduce the legal status of the Delegations. This will allow the delegations to come into force without the need for obtaining the necessary seal and signatures from Councillors and the CEO, which is particularly challenging during COVID-19 restrictions and lockdowns. Removing this process will assist in meeting the 1 September deadline. DISCUSSION

In July 2020, a review of Council’s delegations was commenced. Advice provided by the Maddocks Lawyers delegation service formed the basis of the review, incorporating changes in legislation since the last review in November 2019. EMT members, in consultation with managers and staff, considered the delegation of new provisions and in addition to reviewing the existing allocations.


The key changes are summarised below. Instrument of Delegation - Council to Chief Executive Officer Under the 2020 Act this delegation retains a similar format to previous versions – that is, it provides for a general delegation of Council’s powers, duties and functions to the Chief Executive Officer. It also places a number of specific limits and conditions on the powers that may be exercised - these are specified under section 11(2) of the 2020 Act, and the wording in the attached instrument has been updated to reflect the legislation. For example, the appointment of an Acting Chief Executive Officer for a period exceeding 28 days must remain with Council, as must the making of a local law, adoption of a budget and the declaring of rates and charges. A maximum monetary limit placed on CEO expenditure and contracts remains the same as previous delegations, at $500,000. Anything that must be done by Council resolution under law and Council designation may not be delegated. Anything that is likely to be inconsistent with a Council policy or strategy or is subject of an exclusive delegation to another member of staff is also excluded. The attached version provides the full list of proposed changes. Instrument of Delegation- Council to Staff As discussed above, references to the 1989 Act have been removed in this instrument, as the power to delegate now sits within each Act (no longer in the 2020 Act). Changes to the Residential Tenancies Act 1997 have brought new provisions – some of which are recommended to remain with Council, including those relating to powers of giving notice to tenants under the Act – this power is considered to be appropriately exercised directly by Council. There are recommended changes to existing delegations under the Planning & Environment Act 1994, however most of these changes remain within the planning team. There are no changes under this act that are newly delegated to Council or taken away from Council. An amendment was made at the 5 May 2020 Council meeting to a provision under section 61(1) of this Act - Power to determine

permit application, either to decide to grant a permit, to decide to grant a permit with conditions or to

refuse a permit application. The amendment was in the attached special conditions relating to this power – this amendment has been updated in this version of the instrument as follows: Manager Planning & Statutory Services, Team Leader Planning

The permit must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006

Delegate can only determine a permit when:

there are no objections if in the farm zone; or

there are two or less objections in all other zones The following planning permit applications must be reported to Council for determination: • Any application that has more than two objections received in all zones except the farm zone where one or more objection is received. • Any application where the cost of the development is more than $2,000,000 • Any application creating more than 10 additional lots • Any application for a use as specified in Indigo Planning Scheme


Cl. 52.28 (Gaming) Cl. 53.03 (Brothel) Cl.53.08 (Cattle Feed Lot) Cl. 53.10 (Use with adverse amenity potential) Cl. 53.13 (Renewable Energy Facility)

• Any other application which, in the opinion of the Director of Planning & Corporate Services is likely to be of significant public interest or concern.

The Rail Safety (Local Operations) Act 2006 has been repealed and therefore removed from the instrument. 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. This is required under the LGA 2020 on or by the 1 September 2020. 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. FINANCIAL IMPLICATIONS

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 11(1) of the Act provides that a council may, by instrument of delegation, delegate to the members of a delegated committee and to the Chief Executive Officer, any power, duty or function of a council under the Act or any other legislation, other than certain specified powers.


Section 47(1) 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. 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 delegations are not adopted by Council or approved by the CEO on or before 1 September in line with requirements under the 2020 Act.

Possible Moderate Medium Adopt the revised instruments within deadlines.


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.



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


Annabel Harding – Governance Officer

Attachments 1. Instrument of Delegation - Council to Chief Executive Officer

2. Instrument of Delegation - Council to Members of Staff


13.4 PUBLIC TRANSPARENCY POLICY



For Decision

RECOMMENDATION

That Council adopts the attached Public Transparency Policy.

RESOLUTION

That Council adopts the attached Public Transparency Policy. Moved: Cr Price Seconded: Cr Goldsworthy For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,


CARRIED

PURPOSE OF REPORT

The Local Government Act 2020 requires that Councils must adopt and maintain their first Public Transparency Policy under the new act provisions by 1 September 2020. BACKGROUND

A comprehensive review of the Local Government Act 1989 (LGA 1989) commenced in 2015, with objectives of improving local government democracy, accountability and service delivery for all Victorians. The Local Government Act 2020 (LGA 2020) represents the culmination of this review and received Royal Assent on 24 March 2020.


Principles

The new LGA 2020 is a principles based Act, meaning that it has far fewer regulations and less legislative prescription than the 1989 Act.

The 5 sets of principles below contained within the Act have guided its development and must be used by all councils to guide them in performance of their role:

Community engagement principles (s56)

Public transparency principles (s58)

Strategic planning principles (s89)

Financial management principles (s101)

Service performance principles (s106)

The public transparency principles

The following are the public transparency principles contained within S58 of the LGA 2020:

Council decision making processes must be transparent except when the Council is dealing with information that is confidential by virtue of this Act or any other Act;

Council information must be publicly available unless—

(i) the information is confidential by virtue of this Act or any other Act; or

(ii) public availability of the information would be contrary to the public interest;

Council information must be understandable and accessible to members of the municipal community;

Public awareness of the availability of Council information must be facilitated. DISCUSSION

The draft Public Transparency Policy has been developed to meet the requirements of the Local Government Act 2020 and is based on guidance from Local Government Victoria and Maddocks Lawyers. Its aim is to foster and formalise Council’s commitment to the Transparency Principles and to guide decision making and the public availability of information. Though the 2020 Act does not explicitly require community engagement for the adoption of a Public Transparency Policy (as it does for Governance Rules), it was considered to be in accordance with the Transparency Principles to do so. As such, the draft Public Transparency Policy was presented to Council’s July ordinary meeting. It was endorsed and put on public exhibition for the 14 day period 29 July – 11 August seeking community input. During this exhibition period the draft Public Transparency Policy was available on Council’s website and also promoted via the Weekly Update e-newsletter. No submissions were received. The unchanged draft is now presented to Council for adoption. Options

1. Council could adopt the Public Transparency Policy as presented - This is recommended.


2. Council could amend and adopt the presented Public Transparency Policy – this is possible but not recommended as the draft has been shaped with guidance from Local Government Victoria and Maddocks Lawyers and is the unchanged version placed on public exhibition.

3. Council could not adopt any Public Transparency Policy – this is not recommended as it would be inconsistent with s57 of the Local Government Act 2020.

STRATEGIC CONTEXT






The adoption of this Public Transparency Policy demonstrates Council’s commitment to good governance and transparency, which in turn helps strengthen confidence from the community in Council. ENVIRONMENTAL IMPLICATIONS

There are no direct environmental implications arising from this report or endorsement of this policy in itself. FINANCIAL IMPLICATIONS

The cost of officer time associated with preparation of this report and policy will be met within the current Governance operating budget. LEGISLATIVE IMPLICATIONS

Section 57 of the LGA 2020 requires Councils to adopt and maintain a public transparency policy as follow:

A public transparency policy must—

(a) give effect to the public transparency principles; and

(b) describe the ways in which Council information is to be made publicly available; and

(c) subject to section 58(b), specify which Council information must be publicly available, including all policies, plans and reports required under this Act or any other Act; and

(d) include any other matters prescribed by the regulations.

A Council must adopt the first public transparency policy under this section on or before 1 September 2020.

For the purposes of the public transparency policy and the public transparency principles, information includes documents.




That the policy does not address requirements under s57 and public transparency principles under s 58 of the LGA 2020.

Unlikely Moderate Medium LGV guidance documents and draft model policy form the basis of this policy.

That the policy is not adopted by Council within legislated due date.

Unlikely Moderate Medium The timeline for the journey of this policy from conception to adoption is tight but beyond the control of Council. It barely allowed time for policy development and a short engagement period consultation to enable adoption at the August Council meeting (deadline is on or by 1 September 2020).


CONSULTATION/COMMUNICATION COMPLETED



Consult

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

Draft Public Transparency Policy was presented to Council’s July ordinary meeting were it was endorsed and put on public 29 July – 11 August seeking community input. During this exhibition period the draft Public Transparency Policy was available on Council’s website and also promoted via the Weekly Update e-newsletter. No submissions were received.




Inform We will keep you informed. Following adoption, the Public Transparency Policy will be made available on Council’s website.


Unfortunately, due to the timing of release of guidance material from Local Government Victoria in June and a requirement for 1 September implementation, a longer exhibition period is not possible. There will be further opportunity, once adopted, for Council to review and amend the policy at any time it so chooses. CONCLUSION

This policy supports Council in its ongoing drive for good governance, the importance of open and accountable conduct and how council information is to be made publicly available. DECLARATION OF CONFLICT OF INTEREST


Dalene Voigt - Executive Manager People & Governance

Attachments 1. Public Transparency Policy


13.5 COUNCIL EXPENSE POLICY



For Decision

RECOMMENDATION

That Council adopts the attached Council Expense Policy.

RESOLUTION

That Council adopts the attached Council Expense Policy. Moved: Cr Shepheard Seconded: Cr Goldsworthy For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,


CARRIED

PURPOSE OF REPORT

The Local Government Act 2020 requires that Councils must develop and adopt their first Expense Policy under the new act provisions by 1 September 2020. BACKGROUND

A comprehensive review of the Local Government Act 1989 (LGA 1989) has been underway since 2015, with objectives of improving local government democracy, accountability and service delivery for all Victorians. The Local Government Act 2020 (LGA 2020) represents the culmination of this review and received Royal Assent on 24 March 2020.


Principles

The new LGA 2020 is a principles based Act, meaning that it has far fewer regulations and is less legislative prescription than the 1989 Act.

The 5 principles below have guided the development of the Local Government Act 2020 and must be used by all councils to guide them in performance of their role:






In addition, section 9 of the Act contains overarching governance principles and supporting principles.

DISCUSSION

The existing Councillor Support and Expense Policy, adopted by resolution of Council on 25 September 2018, has been reviewed and adjusted to ensure compliance with the new Local Government Act 2020. The 2020 Act requires that the expense policies, in accordance with s41 LGA2020 must provide for the reimbursement of out of pocket expenses of both Councillors and members of delegated committees. It should be noted that Indigo Shire Council does not have any delegated committees at the time of writing this report. Options

1. Council could approve the Expense Policy 2020 – this is recommended.

2. Council could amend and adopt the Expense Policy 2020 – this is possible but not recommended and would have to fall within the legislated timeframes.

3. Council could not approve recommended Expense Policy 2020. - This is not recommended as it would be inconsistent with requirement approve of 41(3) of the LGA.

STRATEGIC CONTEXT






The adoption of this Expense Policy 2020 further demonstrates Council’s ongoing commitment to good governance and transparency, which in turn helps strengthen confidence from the community in Council.


ENVIRONMENTAL IMPLICATIONS

There are no direct environmental implications arising from this report. FINANCIAL IMPLICATIONS

The policy itself does not include material changes, all other things being equal. It is difficult to quantify financial implications this close to an election. Future implications will be dependent upon the needs and geographical locations of elected Councillors.


Section 40 of the LGA 2020 provides for the reimbursement of expenses of Councillors and members of a delegated committee where:

1. They are bonafide expenses; and

2. Have been reasonably incurred in the performance of the role of Councillor or a member of ta delegated committee; and

3. Are reasonably necessary for the Councillor or member of a delegated committee to perform

that role. A Council must provide details of all reimbursements under this section to the Audit & Risk Committee. Furthermore, S41 provides that Council must adopt and maintain an expenses policy in relation to these matters as follows:




The Expenses Policy does not address the requirements under the LGA 2020

Unlikely Minor Low Guidance has been used from LGV in developing this draft.

Councillor or delegated committee members unaware of or not compliant with the policy

Possible Minor Low Awareness campaign with Councillors (pre and post-election) and any delegated committee members.


No community engagement has been undertaken on this matter as it is essentially a review of an existing policy for compliance with new legislation. Community input would not alter the requirements of this legislation. Also, the timing of release of guidance material from LGV in June and a requirement for 1 September implementation, means this needs to be an expedited process. Following this, Council will review this policy bi-annually or at any other time it may choose. Following final adoption, this policy will be available on Council’s website and promoted via Councils Weekly Update eNewsletter. CONCLUSION

This policy supports Council in its ongoing drive for good governance and the importance of open and accountable conduct. DECLARATION OF CONFLICT OF INTEREST



Attachments 1. Council Expense Policy


13.6 GOVERNANCE RULES



For Decision

RECOMMENDATION

That Council adopts the attached Governance Rules.

RESOLUTION

That Council adopts the attached Governance Rules. Moved: Cr Goldsworthy Seconded: Cr Murdoch For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,


CARRIED

PURPOSE OF REPORT

The Local Government Act 2020 requires that Councils must develop and adopt their first Governance Rules by 1 September 2020. BACKGROUND

A comprehensive review of the Local Government Act 1989 (LGA 1989) commenced in 2015, with objectives of improving local government democracy, accountability and service delivery for all Victorians. The Local Government Act 2020 (LGA 2020) represents the culmination of this review and received Royal Assent on 24 March 2020.


Principles

The new LGA 2020 is a principles based Act, meaning that it has far fewer regulations and is less legislatively prescription than the 1989 Act. The 5 principles below have guided the development of the Local Government Act 2020 and must be used by all councils to guide them in performance of their role:






In addition, section 9 of the Act contains the following overarching governance principles and supporting principles:

A Council must in the performance of its role give effect to the overarching governance principles.

(2) The following are the overarching governance principles—

(a) Council decisions are to be made and actions taken in accordance with the relevant law;

(b) priority is to be given to achieving the best outcomes for the municipal community, including future generations;

(c) the economic, social and environmental sustainability of the municipal district, including mitigation and planning for climate change risks, is to be promoted;

(d) the municipal community is to be engaged in strategic planning and strategic decision making;

(e) innovation and continuous improvement is to be pursued;

(f) collaboration with other Councils and Governments and statutory bodies is to be sought;

(g) the ongoing financial viability of the Council is to be ensured;

(h) regional, state and national plans and policies are to be taken into account in strategic planning and decision making;

(i) the transparency of Council decisions, actions and information is to be ensured.

DISCUSSION

Draft Governance Rules have been developed to meet the requirements of the Local Government Act 2020 while also recognising that the Local Government Act 1989 is still in operation during the implementation phase of the new Act. When preparing the Draft Governance Rules, consideration has been given to the existing content of Council’s current Local Law No. 3, recently consulted and adopted by Council on 25 February 2020. Guidance from both Local Government Victoria and Maddocks Lawyers also assisted in forming the attached draft. These draft Governance Rules were presented to Council’s July ordinary meeting were they were endorsed and put on public exhibition for the 14 day period 29 July – 11 August seeking community input in accordance with section 60 of the new Act.


During this exhibition period the draft Governance Rules were available on Council’s website and also promoted via the Weekly Update e-newsletter. No submissions were received. The unchanged draft is now presented to Council for adoption. Options

1. Council could adopt the Governance Rules as presented - This is recommended.

2. Council could amend and adopt the presented Governance Rules – this is possible but not

recommended as the draft has been shaped with guidance from Local Government Victoria and Maddocks Lawyers and is the unchanged version placed on public exhibition.

3. Council could not adopt any Governance Rules – this is not recommended as it would be inconsistent with s60 (7) of the Local Government Act 2020.

STRATEGIC CONTEXT






The adoption of these Governance Rules demonstrates Council’s commitment to good governance and transparency, which in turn helps strengthen confidence from the community in Council. ENVIRONMENTAL IMPLICATIONS

There are no direct environmental implications arising from this report. FINANCIAL IMPLICATIONS

The costs with preparation of this report and draft Governance Rules will be met within the current Governance operating budget and includes officer time and legal advice. LEGISLATIVE IMPLICATIONS

On 1 May 2020, section 60 of the Local Government Act 2020 commenced, which relates to the requirement of Council to develop, adopt and keep in force Governance Rules by 1 September 2020. The contents of the Governance Rules are further defined in section 60 of the Local Government Act 2020 and appear below:

60 Governance Rules

(1) A Council must develop, adopt and keep in force Governance Rules for or with respect to the following—

(a) the conduct of Council meetings;

(b) the conduct of meetings of delegated committees;

(c) the form and availability of meeting records;

(d) the election of the Mayor and the Deputy Mayor;


(da) the appointment of an Acting Mayor;

(e) an election period policy in accordance with section 69;

(f) the procedures for the disclosure of a conflict of interest by a Councillor or a member of a delegated committee under section 130;

(g) the procedure for the disclosure of a conflict of interest by a Councillor under section 131;

(h) the disclosure of a conflict of interest by a member of Council staff when providing information in respect of a matter within the meaning of section 126(1);

(i) any other matters prescribed by the regulations.

(2) The Governance Rules must provide for a Council to—

(a) consider and make decisions on any matter being considered by the Council fairly and on the merits; and

(b) institute decision making processes to ensure that any person whose rights will be directly affected by a decision of the Council is entitled to communicate their views and have their interests considered.

(3) A Council may amend its Governance Rules.

(4) Subject to subsection (5), a Council must ensure that a process of community engagement is followed in developing or amending its Governance Rules.

(5) Subsection (4) does not apply if the Council is developing and adopting or amending a Governance Rule that only adopts a good practice guideline issued by the Minister under section 87.

(6) A Council must comply with its Governance Rules.

(7) A Council must adopt the first Governance Rules under this section on or before 1 September 2020.

(8) Until a Council adopts Governance Rules under this section, the Local Law Meeting Procedures made by the Council under the Local Government Act 1989 apply as if the Local Law Meeting Procedures had been adopted as Governance Rules under this section.



That the adopted Governance Rules do not address requirements under s60 and overarching governance principles and under S9 of the LGA 2020.

Unlikely Moderate Medium Guidance has been used from Local Government Victoria and Maddocks Lawyers in developing the Governance Rules.


The Governance Rules are not adopted by Council within the legislated due date.

The timeline for the journey of these rules from conception to adoption is tight but beyond the control of Council. It allowed time for policy development and a short engagement period consultation to enable adoption at the August Council meeting (deadline is on or by 1 September 2020).






Draft Governance Rules were presented to Council’s July ordinary meeting were they were endorsed and put on public 29 July – 11 August seeking community input in accordance with section 60 of the new Act. During this exhibition period the draft Governance Rules were available on Council’s website and also promoted via the Weekly Update e-newsletter. No submissions were received.




Inform We will keep you informed. Following adoption, the Governance Rules will be made available on Council’s website.

It is unfortunate that, due to the timing of release of guidance material from Local Government Victoria in June and a requirement for 1 September implementation, a longer exhibition period was not possible. There will be further opportunity, once adopted, for Council to review and amend the Governance Rules at any time it so chooses. CONCLUSION

This document supports Council in its ongoing drive for good governance and the importance of open and accountable conduct.





Attachments 1. Governance Rules


13.7 ADVISORY COMMITTEE MINUTES



For Decision

RECOMMENDATION

That Council receives the attached unconfirmed Advisory Committee minutes.

RESOLUTION

That Council receives the attached unconfirmed Advisory Committee minutes. Moved: Cr Price Seconded: Cr Murdoch For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price,


CARRIED

PURPOSE OF REPORT

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

Audit Committee 20 July 2020

Finance Committee 22 July 2020

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.




Annabel Harding - Governance Officer

Attachments 1. Chair's Report - Audit Committee - 20 July 2020

2. Minutes - Finance Committee - 28 July 2020


14. NOTICES OF MOTION

Nil reports


15. COUNCILLORS REPORT

15.1 MAYOR'S DIARY JULY 2020

For Information

DATE TIME FUNCTION/EVENT LOCATION

2/07 12.00pm Indigo Power event Zoom

2/07 1.00pm Tammy Ebert meeting - Rutherglen alternate route

Rutherglen

7/07 9.30am Meeting with Minister Leane Teams

07/07 12.00pm On site planning inspection Barnawartha

09/07 4.00pm NSW/VIC border closure Zoom

13/07 2.00pm Meeting with Beechworth High school principal Beechworth

14/07 8.30am Media interview MMM

14/07 12.00pm On site planning inspection Rutherglen

16/07 12.00pm Meeting with Senator Bridget McKenzie

16/07 1.00pm Rural Councils Victoria Strategic Planning session

Zoom

21/07 10.30am Meeting with Kiewa Valley Primary School Kiewa

23/07 12.00pm Conversation Hour – Upper Hume Zoom

26/07 11.00pm Kerferd Oration

27/07 9.00am Cross Border meeting with Senator Bridget McKenzie

Zoom

29/07 7.00pm Get Elected – Webinar Webinar

30/07 8.00am Media interview – ABC

30/07 10.00am Media interview – Prime

30/07 1.00pm Media interview with O &M in conjunction with Victoria Police

Beechworth

30/07 2.00pm MAV Mayoral Forum

30/07 3.00pm David Aloysius McKenzie- McHarg - British Empire Presentation

Zoom

30/07 5.00pm Meeting with cross border commissioner

31/07 11.00pm Media interview – Prime

31/07 1.30pm RCV meeting with Minister Pakula

Attachments Nil


16. DECISIONS REGISTER

16.1 DECISIONS REGISTER

File No: 2020/639 Kathryn Baldock - Executive Assistant Executive Management

For Information

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 1. - Notice of Motion for MAV and RCV State Council meeting - completed.

- Advocacy included as a key action in the Strategic Action Plan – completed.

- Climate Emergency Strategic Action Plan has been prepared. Draft

presented to Council July 2020 – completed.


2. Referred to MEMPC, subcommittee established to evaluate likely impacts of climate change.

3. Completed.

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 On hold pending Action Plan and Coronavirus (COVID-19) implications.

11.4 Rutherglen Destination Management Structure Review

Date 25 February 2020

Resolution That Council: 1. Notes and receives the final Rutherglen Destination Management Report

2020; 2. Requires the CEO to support Destination Rutherglen Inc in assessing and

determining its future. 3. Supports the continuation of destination marketing being the

responsibility of Council’s Tourism unit, Tourism North East, and Winemakers of Rutherglen, with input from business and industry sectors and with Destination Rutherglen Inc.

Status In progress.

11.1 Indigrow Establishment and Terms of Reference

Date 5 May 2020

Resolution That Council: 1. Ceases the Indigo Economic Development and Tourism Advisory

Committee (IEDTAC) and rescinds the Terms of Reference. 2. Recognises and thank the IEDTAC volunteers for their contribution to

Council and requests that the Mayor sends a letter of thanks. 3. Creates a new advisory committee called Indigrow and adopts the

attached Terms of Reference. 4. Endorses the commencement of the necessary process to recruit members

of Indigrow and that recommended candidates are put to Council for appointment at a future Council meeting.

Status Completed.

11.2 Tourism Events Grant Evaluation Panel

Date 5 May 2020

Resolution That Council defer the Tourism Events Grant Evaluation Panel until June 2020 to allow discussion to include all panels.

Status Completed.

10.2 2020/21 Draft Budget

Date 26 May 2020

Resolution That Council 1. Endorses the attached 2020/21 Draft Budget for the purposes of Section


127 of the Local Government Act 1989. 2. Authorises the Chief Executive Officer to give public notice of the

preparation of the draft budget, in accordance with Section 129 (1) of the Local Government Act 1989, and;

3. Invites any person wishing to make a submission in relation to the proposed budget to do so prior to 26 June 2020 at 5pm, and;

4. Schedules a Special Meeting of Council on 14 July 2020 to hear any person wishing to be heard in support of their submission, and;

5. Considers a recommendation to adopt the budget at the July Ordinary Meeting of Council on 28 July 2020.

Status Completed.

11.1 Draft Carlyle Cemetery Strategic Plan

Date 26 May 2020

Resolution That Council endorses the draft Carlyle Cemetery Strategic Plan 2020-2024 and places it on public exhibition for 60 days.

Status On agenda for August 2020 Council Meeting.

11.2 Draft Local Food Policy

Date 26 May 2020

Resolution That Council endorses the Draft Local Food Policy and invites community comment for a period of 60 days.

Status In progress.

13.2 Review of Council Plan 2017-2021

Date 26 May 2020

Resolution That Council:

1. Endorses the attached Council Plan 2017-2021 for the purposes of Section 125 of the Local Government Act 1989, with the following additions and changes:

1. Amendments to the timing of actions: a. 2.1.11, 2.3.3, 2.3.8, 2.4.2, 3.2.2, 3.2.3, 5.2.2, carried forward to

be completed in 2020/21. 2. Authorises the Chief Executive Officer to give public notice of the

preparation of the reviewed Council Plan, in accordance with Section 125(3) of the Local Government Act 1989.

3. Invites any person wishing to make a submission in relation to the proposed reviewed Council Plan to do so prior to 26 June 2020 at 5pm. 4. Schedules any person wishing to be heard in support of their submission to

the reviewed Council Plan, to be heard by Council at a Special Meeting of Council on 14 July 2020.

5. Considers a recommendation to adopt the reviewed Council Plan at the July Ordinary Meeting of Council on 28 July 2020.

Status On agenda for August 2020 Council Meeting.

7.0 Confirmation of Minutes from Previous Meeting(s)

Date 28 July 20202

Resolution That Council: 1. Confirm the Minutes of the Ordinary Council Meeting held on 30 June


2020, as published on Council's website;

2. Confirm the Minutes of the confidential session held on 30 June 2020, as distributed separately; and

3. Confirm the Minutes of the Special Council Meeting held on 14 July 2020, as published on Council’s website.

Status Completed

7.1 Suspension of Standing Orders regarding Open Forum

Date 28 July 2020

Resolution That Standing Orders be suspended to allow:- 1. Open Forum to be brought forward in the agenda to Item 7.2; and

2. The Mayor to read questions to Open Forum on behalf of the questioner without the requirement that the questioner or their representative be present at the meeting.

Status Completed.

7.2 Open Forum

Date 28 July 2020

Resolution That Standing Orders be resumed.

Status Completed.

10.1 Consideration of 2020/21 Budget Submissions

Date 28 July 2020

Resolution That Council: 1. Considers and notes the attached budget submissions and officer

responses; 2. Endorses the attached recommendations in relation to each of the 2020-

2021 Budget submissions; 3. Makes the recommended changes to the budget as a result of the

submissions; and 4. Directs Council staff to respond to each submitter with a copy of this

report and attached summary of officer recommendations and the Council resolution.

Status Completed.

10.2 Adoption Indigo Shire Council 2020/21 Budget

Date 28 July 2020

Resolution That: 1. Council, having given public notice in accordance with Section 129(1) of

the Local Government Act 1989, and having received and considered submissions, adopts the attached Budget, including the Budgeted Financial Statements as defined by the Local Government (Finance and Reporting) Regulations 2014, for 2020/21.

2. The Fees and Charges for 2020/21, as listed in Attachment 1, be effective from 1 August 2020.

3. The Chief Executive Officer or delegate gives public notice of this decision to adopt the Budget in accordance with Section 130(2) of the Local


Government Act 1989.

4. Council records the following reasons for the decision to adopt the 2020/21 Budget:

a) It reflects the efficient and effective allocation of resources having regard to the objectives, roles and functions of Council.

b) It is appropriate to the priorities of Council having regard to the Revised Council Plan 2017-21 and Council's Long Term Financial Strategy.

5. Declaration of rates and charges

5.1 Amount intended to be raised The amount of $17,631,208 (or such greater amount as is lawfully levied as a consequence of this Resolution) be declared as the amount which Council intends to raise by general rates and the waste management charges (described later in this Resolution), which amount is calculated as follows: General rates $11,795,312 (including supplementary valuations) Municipal charge $2,699,401 Waste management charges $3,136,495

5.2 General rates (a) A general rate be declared in respect of and for the entire

duration of the 2020/21 financial year. (b) It be further declared that the general rate be raised by the

application of differential rates. (c) The rate and amount of rates payable in relation to land in

each category of differential are: A rate of 0.3200% (0.3200 cents in the dollar of Capital

Improved Value (CIV)) for all rateable general properties; A rate of 0.6401% (0.6401 cents in the dollar of CIV) for all

rateable residential vacant properties; A rate of 0.2400% (0.2400 cents in the dollar of CIV) for all

rateable rural 1 properties; A rate of 0.2880% (0.2880 cents in the dollar of CIV) for all

rateable rural 2 properties; A rate of 0.4321% (0.4321 cents in the dollar of CIV) for all

rateable commercial/industrial properties.

5.3 Municipal charge A municipal charge of $318.85 be declared in respect of the 2020/21 financial year.

5.4 Waste management charges An annual waste management charge be declared for the collection and disposal of refuse. The annual charge be in the sum of, and be based on the criteria specified below. Waste management charge for the collection and disposal of refuse for residential land, non-residential land or non-rateable land: Urban domestic garbage collection 140 litre bin $114.05


Urban domestic garbage collection 240 litre bin $191.90 Rural domestic garbage collection 240 litre bin $191.90 Domestic recycling collection 240 litre bin $87.55 Domestic recycling collection 360 litre bin $106.00 Domestic organics collection 140 or 240 litre bin $161.10 Environmental Management Contribution $76.10

6. Payment options

In accordance with Section 167 of the Local Government Act 1989, payment of rates and charges can be made: By one annual payment - pay on or before 30 September Or

Council issue rate notices and collect all rates via four instalment plan process, with instalments due on:

1st Instalment - 30 September 2020

2nd Instalment - 30 November 2020

3rd Instalment - 28 February 2021

4th Instalment - 31 May 2021

Where the payment due date falls on a weekend or public holiday, the payment date will be the next business day. No additional instalment options be declared.

7. Consequential

(a) The Chief Executive Officer or delegate be authorised to levy and recover the general rates, municipal charge and waste management charges in accordance with the Local Government Act 1989.

(b) Council in accordance with Section 172 of the Local Government Act 1989 requires any person to pay interest on any amounts of rates and charges which: That person is liable to pay, and Have not been paid by the date specified for their payment.

8. Borrowings

8.1 Council proposes $1 million of borrowings over two years for 2020/21 – 2021/22 for the Epic Mountain Bike Trail project.

Status Completed.

10.3 Planning Permit Application PP19-0222 – Mount Ophir Function Centre

Date 28 July 2020

Resolution That Council refuses application PP19-0222 for the use of land at 168 Stillards Lane Rutherglen as a function centre on the following grounds and issues a Notice of Decision to Refuse to Grant a Permit:

1. The proposal is inconsistent with the purpose of the Farming Zone in that it does not ensure that a non-agricultural use does not adversely affect the use of land for agriculture and is not compatible with adjoining and nearby agricultural land uses.

2. The proposal is inconsistent with Clause 13.02-1S in that the application has not satisfactorily demonstrated that the relevant policies have been


addressed, performance measures satisfied or bushfire protection measures can be adequately implemented.

3. The proposal is inconsistent with Clause 22.01-6 which seeks to ensure the use of land is in conjunction with agricultural production. The proposal does not facilitate and enhance the ongoing primary use of the land for productive, sustainable agriculture.

4. The road network is not suitable to accommodate the traffic generated by the proposal.

5. The proposal fails to meet the objectives and policies within Clause 22.02-3 in that it fails to avoid potential conflict with normal farming operations on adjoining or nearby properties.

6. The proposal is inconsistent with Clause 13.05-1S, as it has not been demonstrated that noise emanating from the site will be effectively managed and will not affect the rural amenity of the area.

7. The application is not in accordance with the decision guidelines of Clause 65.01 in that the proposal is not considered to result in orderly planning of the area and will affect the amenity of the area in relation to noise, hours of operation, number of patrons, and vehicular movements.

Status Completed.

10.4 Planning Permit Application PP15-0155 – 22 Lot Subdivision – Palmers Road - Barnawartha

Date 28 July 2020

Resolution That Council grant a permit for application PP15-0155 for a multi-lot subdivision

and removal of native vegetation at Palmers Road, Barnawartha formally known as Crown Allotment 16 Parish of Barnawartha and Crown Allotments 5 and 5A,

Section 18, Parish of Barnawartha, subject to the conditions at Attachment 4.

Status Completed.

10.5 Local Laws 2 and 4

Date 28 July 2020

Resolution That Council: 1. Receives the attached submissions relating to the proposed Local Law 2

(Environmental) and Local Law 4 (Control of Livestock), thanks the submitters for their contributions and endorses the officer comments relating to these submissions.

2. Notes the change made to the proposed Local Law 4 as a result of the submissions.

3. Adopts the attached Local Law 2 (Environmental) and Local Law 4 (Control of Livestock) for a period of two years.

4. Authorises the Chief Executive Officer to sign and seal the documents and to take all steps necessary to finalise these laws.

Status Completed.

10.6 Assembly of Councillors Records

Date 28 July 2020

Resolution That Council accepts the attached Assembly of Councillors records.

Status Completed.

11.1 Establishment of Indigo Shire Tourism Events Grants Panel


Date 28 July 2020

Resolution That Council: 1. Establishes the Indigo Shire Council Tourism Events Grants Panel; 2. Adopts Terms of Reference - B and Guidelines and Assessment Criteria

for the Panel, and notes the exclusion of Councillors from the Panel; and

3. The number of community members should be up to 5.

Status In progress.

12.1 June Capital Works Report

Date 28 July 2020

Resolution That Council notes the capital works report and the annual achievements in the delivery of the capital works program.

Status Completed.

12.2 Municipal Emergency Management Plan

Date 28 July 2020

Resolution That Council adopts the amended Indigo Shire Municipal Emergency Management Plan 2020.

Status Completed.

12.3 Roadside Conservation Management Plan

Date 28 July 2020

Resolution That Council endorses the draft updated Indigo Shire Council Roadside Conservation Management Plan 2020 for the purpose of further community consultation, to return to the September Ordinary Council Meeting.

Status In progress.

Motion

Date 28 July 2020

Resolution That Council take a five minute break in proceedings.

Status Completed.

12.4 Climate Emergency Strategic Action Plan

Date 28 July 2020

Resolution That Council endorses the Draft Climate Emergency Strategic Action Plan 2020 and places it on public exhibition to receive further community input, to return to the September Ordinary Council Meeting.

Status In progress.

13.1 Draft Governance Rules

Date 28 July 2020

Resolution That Council: 1. Endorse the draft Indigo Shire Council Governance Rules, including the

incorporated Election Period Policy, developed in accordance with section 60 of the Local Government Act 2020;

2. Place the draft Indigo Shire Council Governance Rules on public exhibition for the 14 day period 29 July – 11 August seeking community input; and

3. Note the intention that Council will decide on the draft Governance


Rules, after considering any feedback from the exhibition period, at its Council meeting 25 August 2020.

Status In progress and on agenda for the August 2020 Council Meeting.

13.2 Draft Public Transparency Policy

Date 28 July 2020

Resolution That Council: 1. Endorse the draft Public Transparency Policy, developed in accordance

with section 57 of the Local Governemnt Act 2020; 2. Place the draft Public Transparency Policy on public exhibition for the 14

day period 29 July – 11 August seeking community input; and 3. Note the intention that Council will decide on the draft Public

Transparency Policy, after considering any feedback from the exhibition period, at its Council meeting 25 August 2020.

Status In progress and on agenda for the August 2020 Council Meeting.

13.3 Proposed Local Law 3 – Conduct at Meeting and Common Seal

Date 28 July 2020

Resolution That Council: 1. Receives the proposed Local Law No. 3 – Conduct at Meetings and

Common Seal (proposed Local Law); 2. Authorises the CEO to give notice, in accordance with sections 119(1) and

223 of the Local Government Act 1989, in the Victoria Government Gazette and in a newspaper circulating generally in Council’s municipal district: 2.1 stating the purpose and general purport of the proposed Local

Law; 2.2 stating that a copy of the proposed Local Law can be obtained

from Council’s website and from Council’s offices; 2.3 inviting submissions, in accordance with section 223 of the Local

Government Act 1989, within 28 days from the date of publication of the notice; and

2.4 stating that a person making a submission is entitled to request to be heard in support of their submission;

3. Schedules a Special Council Meeting for Tuesday 8 September 2020 at 6:30pm to hear any submitters wishing to address Council

4. Considers whether to make the proposed Local Law at the Council Meeting 15 September 2020.

Status In progress.

13.4 Advisory Committee Minutes

Date 28 July 2020

Resolution That Council receives the attached unconfirmed Advisory Committee minutes and endorses the officer comments.

Status Completed.

19 Confidential Business

Date 28 July 2020

Resolution That the Ordinary Meeting of Council move into Confidential session in accordance with Section 3(1)(g(ii)) of the Local Government Act 2020.

Status Completed.


17. GENERAL BUSINESS

The CEO explained that Director Ian Ellett is attending the meeting from Council workplace and is therefore wearing a mask tonight. The rest of the meeting attendees are joining from their respective homes, so are not required to wear a mask. Cr Shepheard advised that Councillors are up for re-election and encouraged people to go to the website to see the process for standing for Council.

18. OPEN FORUM

Brought forward via Resolution to Item 7.2. 19. CONFIDENTIAL

RESOLUTION

That the Ordinary Meeting of Council move into Confidential session in accordance with Section 66(2)(a) of the Local Government Act 2020 Moved: Cr Price Seconded: Cr Gaffney For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie

Price, Diane Shepheard and James Trenery Against: Nil

CARRIED This meeting moved into Confidential and recording and live streaming ceased.


RELEASING OF COUNCIL MOTIONS IN CONFIDENTIAL SESSION TO THE PUBLIC SESSION

19.1 APPOINTMENT OF NEW INDEPENDENT MEMBERS TO THE INDIGO SHIRE COUNCIL AUDIT

AND RISK COMMITTEE

RESOLUTION

That Council: 1. Appoint Ross Kearney and Abbas Khambati as independent members to the Indigo

Shire Council Audit and Risk Committee the Audit and Risk Committee for a term of three years starting October 2020; and,

2. Make this appointment public once the two applicants have been notified.

Moved: Cr Gaffney Seconded: Cr Murdoch For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie

Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

New independent members: Ross Kearney Has over thirty years as a legal practitioner in criminal law litigation specialist, business/general law advisor and a public/private organisations advisor. Mr Kearney has an expertise in interpreting legislative and regulatory frameworks for the creation and implementation of compliance processes. Mr Kearney volunteers his legal skills at the Hume Riverina Community Legal Service in Wodonga and is the- Secretary and founding member, Prick + Pint Incorporated – Community Men’s Health (Beechworth) Abbas Khambati An experienced Board Member and Audit and Risk Committee member. Mr Khambati is Monash Health’s Director Business Support Services and Deputy CFO where he supports the organisations strategic, commercial and operational decision making with comprehensive and accurate performance reporting. Mr Khambati has extensive in financial management, policy, compliance and risk management in a government service. A Chartered Accountant, Mr Khambati is also a Graduate from the Australian Institute of Company Directors (AICD).

Meeting Concluded: 8.22pm

Next Meeting: Tuesday, 15 September 2020 at 6.30pm

minutes of ordinary council - tuesday, 25 august 2020...2020/08/25 · ordinary council minutes -...

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