minutes ordinary meeting of council - rural city of mildura · 2018-06-04 · minutes ordinary...

MINUTES Ordinary Meeting of Council

5.30pm Tuesday 24 April 2018

VENUE: Committee & Council Room 76 Deakin Ave, Mildura NEXT ORDINARY COUNCIL MEETING 5.30pm Wednesday 23 May 2018

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

INDEX

1 PRAYER AND ACKNOWLEDGEMENT OF COUNTRY ........................................... 4

2 OPENING AND WELCOME ...................................................................................... 4

3 PRESENT .................................................................................................................. 4

4 APOLOGIES ............................................................................................................. 4

5 CONFIRMATION OF MINUTES ................................................................................ 4

6 CONFIRMATION OF ASSEMBLY OF COUNCILLORS ............................................ 5

7 NOTIFICATION OF ABSENCE ................................................................................. 8

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

8.1 MAYOR'S REPORT MARCH 2018 ................................................................ 8

9 COUNCILLORS REPORTS ...................................................................................... 8

9.1 COUNCILLORS' REPORT MARCH 2018 ...................................................... 8

10 RESPONSES TO COUNCILLORS QUESTIONS ...................................................... 9

11 QUESTIONS FROM COUNCILLORS ....................................................................... 9

11.1 CR MAX THORBURN TRUCKWASHING FACILITY AT MILDURA LANDFILL ...................................................................................................... 9

11.2 CR MAX THORBURN CODE OF CONDUCT GOVERNANCE ISSUES .......10

11.3 CR MAX THORBURN RECREATION RESERVE PARKING ........................10

11.4 CR GLENN MILNE STATE GOVERNMENT COST SHIFTING .....................10

11.5 CR GLENN MILNE MILDURA WHARF .........................................................11

11.6 CR GLENN MILNE PUMP OUT STATIONS..................................................11

11.7 CR GLENN MILNE PROJECT FUNDING PERCENTAGES ..........................11

11.8 CR GLENN MILNE SUSTAINABILITY OF RURAL COUNCILS ....................11

11.9 CR GLENN MILNE INFRASTRUCTURE GAP ..............................................12

11.10 CR GLENN MILNE NEW CLEARANCE LAWS - BIKE RIDERS....................12

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

13 PETITIONS ...............................................................................................................12

14 MANAGEMENT REPORTS ......................................................................................13

14.1 MURRAYVILLE LIBRARY SITE PROPOSED LOCATION ............................13

14.2 RESPONSE TO PETITION - IMPROVEMENTS TO DOG PARK ..................13

14.3 ADOPTION OF WATERWAY MANAGER INSTRUMENT OF DELEGATION ...............................................................................................14

14.4 MILDURA CITY HEART INC ANNUAL BUSINESS PLAN 2018-2019 ...........29

14.5 SPECIAL AUDIT COMMITTEE MEETING 5/2017-2018 - MINUTES SUMMARY - 22 MARCH 2018 ......................................................................31

14.6 QUARTERLY FINANCIAL MANAGEMENT REPORT - MARCH 2018 ..........31

14.7 USE AND DEVELOPMENT OF THE LAND FOR MATERIALS RECYCLING, FOR THE STOCKPILING AND REPROCESSING OF WASTE CONCRETE AND ASSOCIATED MATERIAL, AND A REDUCTION IN CAR PARKING REQUIREMENTS AND ASSOCIATED WORKS - COWRA AVENUE EXTENSION ...................................................32

14.8 MAJOR PROMOTIONAL SIGN - 2092 FIFTEENTH STREET, IRYMPLE .....34

15 URGENT BUSINESS ...............................................................................................35

16 PUBLIC QUESTIONS ..............................................................................................35

16.1 RELOCATABLE ADVERTISING BILLBOARDS ............................................35

16.2 POUND OPERATIONS .................................................................................35

16.3 FOOTPATH - PIZZA CAFE ...........................................................................36

16.4 DOG PARK COMMUNITY GROUP ..............................................................36

CONFIDENTIAL BUSINESS ................................................................................................36

17 CONFIDENTIAL REPORTS .....................................................................................37

17.1 SECTION 89(2)(H) - (ANY OTHER MATTER WHICH THE COUNCIL OR SPECIAL COMMITTEE CONSIDERS WOULD PREJUDICE THE COUNCIL OR ANY PERSON) ......................................................................37

17.2 SECTION 89(2)(E) - (PROPOSED DEVELOPMENTS) .................................37

17.3 SECTION 89(2)(D) - (CONTRACTUAL MATTERS) ......................................37

17.4 SECTION 89(2)(D) - (CONTRACTUAL MATTERS) ......................................37

18 CLOSURE ................................................................................................................37

GERARD JOSÉ

CHIEF EXECUTIVE OFFICER

Minutes – Ordinary Council Meeting Tuesday 24 April 2018

1 PRAYER AND ACKNOWLEDGEMENT OF COUNTRY

The Mayor read the Council prayer and paid respects to the traditional land owners.

2 OPENING AND WELCOME

The Mayor welcomed the public to this meeting.

3 PRESENT

Councillors Cr Mark Eckel Mayor Cr Ali Cupper Deputy Mayor Cr Greg Brown Cr Anthony Cirillo Cr Simon Clemence Cr Glenn Milne Cr Jason Modica Cr Min Poole Cr Max Thorburn

Officers Gerard José Chief Executive Officer Mandy Whelan General Manager Development Martin Hawson General Manager Community Chris Parham General Manager Corporate Richard Sexton Manager Corporate Administration

4 APOLOGIES

Nil

5 CONFIRMATION OF MINUTES

2018/0054

Moved: Cr Simon Clemence Seconded: Cr Glenn Milne

That the Minutes of the Ordinary Council Meeting held on Wednesday 28 March 2018 be confirmed as a correct record. That the Minutes of the Confidential Council Meeting held on Wednesday 28 March 2018 be confirmed as a correct record.

CARRIED

NB: Cr Milne requested that the minutes be amended to reflect that the apologies from the previous meeting were not formally accepted.


6 CONFIRMATION OF ASSEMBLY OF COUNCILLORS

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

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

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

The record is therefore presented for Council’s noting. 2018/0055

Moved: Cr Glenn Milne Seconded: Cr Jason Modica That Council note the Assembly of Councillors records for the following meetings:

Mildura Arts and Culture Advisory Committee Ordinary Meeting – 15 February 2018

Municipal Emergency Management Planning Committee (MEMPC) Relief & Recovery Sub-Committee Meeting - 20 March 2018

2018-19 Draft Budget Presentation & Capital Works Program - 21 March 2018

CEO Employment Matters Committee - 28 March 2018

Council Forum - 12 April 2018

CARRIED


RECORD OF ASSEMBLIES OF COUNCILLORS

Assembly Details Councillor Attendees

All Other Attendees Matters Discussed Conflict of

Interest Disclosures

Mildura Arts and Culture Advisory Committee Ordinary Meeting

15 Feb 2018 5pm

Cr Jason Modica

Antonette Zema, Arts and Culture Development Manager

Huw Greenhough, Administration Officer Arts and Culture Development

Heather Lee, Gallery and Heritage Team Leader

Helen Piscioneri, Marketing and Development Team Leader

1. New Committee members 2. Gallery and Theatre programming 3. Steinway Concert Grand 4. Gallery passenger lift 5. Theatre forestage lift 6. Mildura Arts Centre Operations 7. 444 Foundation 8. Arts in the community

Nil

Municipal Emergency Management Planning Committee (MEMPC) Relief & Recovery Sub-Committee Meeting

20 March 2018

Cr Simon Clemence

Kerryne McClelland, Community Executive Recovery Officer

Jody Jones, Community Development Coordinator

Kate Redman, Risk Administration Officer

1. Emergency Relief Centre Plan and Community Recovery Plan

2. Audit Workgroup & Vulnerable People Workgroup

3. MEMPC Membership 4. Action Tracking items 5. General Business

Nil

2018-19 Draft Budget Presentation & Capital Works Program

21 March 2018 12pm

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

Gerard José, Chief Executive Officer Chris Parham, General Manager Corporate Services Martin Hawson, General Manager Community David Folvig, Manager Financial Services Mike Mooney, Manager Asset Services Andrew Millen, Manager Development Services Mark Jenkins, Manager Community Futures Ryan Ellis, Manager Information Services Matt George, Manager Parks and Waste Services Jamey Mullens, Manager Works and Infrastructure Services Ray Lyons, Manager Leisure and Cultural Services Karen Milner, Asset Accounting Coordinator Mark McMillan, Financial Services Coordinator

1. Draft 2018/2019 Operational and Capital Budget discussions including presentations from Managers around details of proposed Capital Works program

Nil


Assembly Details Councillor Attendees

All Other Attendees Matters Discussed Conflict of

Interest Disclosures

Tonia Mammone, Management Accounting Officer Brad Baker, Asset Accounting Officer Mandy Congress, Capital Works Program Officer Scott Umback, Recreation Development Coordinator

CEO Employment Matters Committee

28 March 2018 2.30pm

Cr Mark Eckel Cr Ali Cupper Cr Anthony Cirillo Cr Simon Clemence Cr Glenn Milne

Gerard José, Chief Executive Officer Richard Sexton, Manager Corporate Administration

1. CEO Performance Appraisal 2016-2017 Nil

Council Forum

12 April 2018 1pm

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

Gerard José, Chief Executive Officer Chris Parham, General Manager Corporate Martin Hawson, General Manager Community Richard Sexton, Manager Corporate Administration Ben Piscioneri, Public Relations Officer

1. Sunraysia Rejuvenation Project 2. Lower Murray Water SMP2 Project Proposal 3. Monthly Management Report 4. Quarterly Financial Management Report 5. Confidential Item 6. Confidential Item 7. Implementation of New Libraries Branching

Out Model 8. Councillor Issues & Questions 9. CEO Issues

Nil

Minutes - Ordinary Council Meeting Tuesday 24 April 2018

7 NOTIFICATION OF ABSENCE

Nil

8 MAYORAL REPORT

8.1 MAYOR'S REPORT MARCH 2018

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

2018/0056 Moved: Cr Simon Clemence Seconded: Cr Ali Cupper

That Council note the contents of this report.

CARRIED

NB: In addition, the Mayor advised that he attended the Parade of Cadets at the drill hall and spoke regarding funding for upgrades. NB: In addition, the Mayor spoke regarding the Zenith Global Beverage award and local recipient Dr Bruce Kambouris. NB: In addition, the Mayor advised that he attended ANZAC day commemoration services in Euston and Robinvale.

9 COUNCILLORS REPORTS

9.1 COUNCILLORS' REPORT MARCH 2018

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

2018/0057

Moved: Cr Glenn Milne Seconded: Cr Greg Brown

That Council note the contents of this report.

CARRIED

NB: In addition, Cr Milne spoke regarding the Dandelion Project and acknowledged the work undertaken by Cr Cupper to assist the project. NB: In addition, Cr Milne advised that he attended the VLGA Problem Gambling Subcommittee on 23 April 2018 and spoke regarding the launch of the 2018 Victorian Election Policy summary by Tim Costello of the Alliance for Gambling Reform.


NB: In addition, Cr Milne advised that he attended the Mildura 400 last weekend. NB: In addition, Cr Milne advised that he attended a road racing event in Tailem bend and spoke regarding our local riders who were competing. NB: In addition, Cr Milne advised that on 23 April 2018 he attended the VLGA workshop on Governance and spoke regarding a number of topics discussed. NB: In addition, Cr Poole requested that the minutes reflect that she chaired the March Council Forum incorrectly listed in the report as Cr Cupper. NB: In addition, Cr Poole spoke regarding the SuniTafe Graduation Awards. NB: In addition, Cr Poole spoke regarding the success of the Mega Mallee weekend. NB: In addition, Cr Poole provided an update on the Mildura Cemetery Trust. NB: In addition, Cr Brown advised that he attended the Show & Shine and the Ouyen Mallee Root Festival. NB: In addition, Cr Cupper requested that the minutes reflect that she did not attend the March Council Forum, the Mildura Cemetery Trust Meeting, the meeting with General Manager Corporate Services and Manager Financial Services or the Murray Darling Basin Plan Productivity Commission Forum as listed in the report. NB: In addition, Cr Cupper spoke regarding the Dandelion Project. NB: In addition, Cr Cupper spoke regarding the establishment of a Women’s Round Table Committee. NB: In addition, Cr Cupper advised that she attended a presentation by Three For All Foundation and spoke regarding digital storytelling and the work of the foundation within the local community.

10 RESPONSES TO COUNCILLORS QUESTIONS

Nil

11 QUESTIONS FROM COUNCILLORS

11.1 CR MAX THORBURN TRUCKWASHING FACILITY AT MILDURA LANDFILL

File Number: 1415/40

“Is the “new” truck washing facility at the Mildura landfill operational, how long did it operate after we built it, what was the cost of construction and why doesn’t it work?”

Mandy Whelan, General Manager Development took this question on notice.


11.2 CR MAX THORBURN CODE OF CONDUCT GOVERNANCE ISSUES

File Number: 02/01/06 “Will I be getting an answer soon to a previously asked question which I raised in open Council, relating to the Code of Conduct governance issues under the jurisdiction of the Chief Executive Officer?”

Gerard José, Chief Executive Officer advised that a response to this question was provided on the night.

11.3 CR MAX THORBURN RECREATION RESERVE PARKING

File Number: 16/03/01

“Why were all the paying public not allowed to park inside the Recreation Reserve during the operation of the Nitro Circus which caused great havoc in car parking in the neighbourhoods surrounding the recreation complex? That’s part A. Part B - Why weren’t the organisers instructed to use parking spaces inside the Recreation Reserve as 75% of the trotting track was not in use and there was no use made of the harness horse float area and these two areas could have accommodated 500 car spaces that would have been saved from going on the street. And the next part of the question is what is the parking policy in relation to users and hirers of the Mildura Recreation Reserve?”

Martin Hawson, General Manager Community advised that Nitro Circus was organised in its entirety by the promoters of that event. Mr Hawson further advised that whilst Council provided advice on request, it was the responsibility of the promoter to ensure that all arrangements including car parking best met the needs of their customer’s. In regards to the last part of the question, Mr Hawson advised that parking requirements for user’s and hirers of the Mildura Recreation Reserve will vary depending on the event however organisers also have the option of applying for a Place of Public Entertainment arrangement which then sets out specific requirements. Mr Hawson was not aware if such an arrangement was in place for this particular event.

11.4 CR GLENN MILNE STATE GOVERNMENT COST SHIFTING


“Can we raise the issue of “cost shifting” by the State Government at this month’s forum? In particular the plan by the State Government of Victoria to have Council’s monitor pool fence safety. This is really a matter for the companies who are experts in it, that sell the pools and it should be funded by the State as suggested by the MAV.”

Chris Parham, General Manager Corporate Services advised that this matter would be listed for discussion at the May Council Forum.


11.5 CR GLENN MILNE MILDURA WHARF

File Number: PROJ/151

“Further to this issue is the Mildura Wharf, we have to seek approval from Wentworth Shire for any works, but other wharves in NSW are funded by the public works department, and I’m wondering if we can we look at this issue, again its actually cost shifting by the NSW Government on to us?”

Martin Hawson, General Manager Community advised that Council is aware of this issue and is working as closely as possible with NSW however due to some of the safety issues identified in regards to the wharf, the subject of funding is becoming quite urgent. Mr Hawson further advised that the matter will be the subject of a capital works funding submission to be presented to Council for a decision on whether to contribute or not.

11.6 CR GLENN MILNE PUMP OUT STATIONS


“While we are on the river, there is also an issue of pump out stations which I believe aren’t being maintained in working condition and I’m led to believe there is raw sewerage being pumped into the river. Can we check this too as it is a concern for tourism?”

Mandy Whelan, General Manager Development advised that this matter would be investigated and a response provided to Councillors.

11.7 CR GLENN MILNE PROJECT FUNDING PERCENTAGES


“Can we have funding on projects identified in percentages of rate payer funds and grant money so that the community can better understand where their money is being spent? ”

Chris Parham, General Manager Corporate Services advised that Council can accommodate this request. Mr Parham further advised that in the current preparation of the budget for 2018-19 which will be before Council soon and out for public comment, there is also a breakdown of grant income.

11.8 CR GLENN MILNE SUSTAINABILITY OF RURAL COUNCILS


“We have just had a report on sustainability released, and that’s the enquiry into sustainability and operational challenges of Victorian regional and rural Councils. Can I suggest that we look at setting up a policy portfolio or subcommittee to deal with the many issues that this report raises so we’re actually in front of the game? I would be happy to head this up so when we get reports such as this, we can work our way through them and have some serious discussion on the points raised in those reports. In addition, I would also seek further discussion on cross border issues and cost sharing between Councils as once again, the State has failed, in this report, to recognise cross border Council’s and how we work with those Council’s.”

Gerard José, Chief Executive Officer advised that this matter would be tabled for discussion at the next Council Forum.


11.9 CR GLENN MILNE INFRASTRUCTURE GAP


Í”I also noticed in this report that the infrastructure gap for Local Government was $225 million in 2012. Can we discuss taking a motion to the MAV State Council suggesting the State provide a one off grant to fund this gap? It is actually an affordable amount, especially given the wastage we have seen in Melbourne?”

Gerard José, Chief Executive Officer advised that preliminary motions have already been accepted however this could possibly be tabled as a late motion.

11.10 CR GLENN MILNE NEW CLEARANCE LAWS - BIKE RIDERS


“Do we have any roads that are not suitable for bike riders given the new clearance laws, and have we checked? There are a number of Councils that have banned pushbikes on certain roads due to double white lines and clearance issues.”

Mandy Whelan, General Manager Development took this question on notice.

12 NOTICES OF MOTION

Nil

13 PETITIONS

Nil


14 MANAGEMENT REPORTS

14.1 MURRAYVILLE LIBRARY SITE PROPOSED LOCATION

Summary The purpose of this report is to confirm the site for the Murrayville Library.

2018/0058 Moved: Cr Greg Brown Seconded: Cr Glenn Milne

That Council approve Pioneer Park as the site for the Murrayville Library.

CARRIED

14.2 RESPONSE TO PETITION - IMPROVEMENTS TO DOG PARK

Summary The purpose of this report is to respond to a recent petition received in relation to the Dog Off Leash Facility currently being trialled at Rio Vista Park.

2018/0059 Moved: Cr Max Thorburn Seconded: Cr Glenn Milne

That Council: (i) advise the first named petitioner of actions already taken or being

planned to address issues raised in the petition; (ii) inform the first named petitioner about the upcoming review of the Dog

Off Leash Trial Site; and (iii) invite the first named petitioner to be part of a local Reference Group to

assist with the trial’s review and inform the subsequent planning process for future dog off leash provision across the municipality.

CARRIED


14.3 ADOPTION OF WATERWAY MANAGER INSTRUMENT OF DELEGATION

Summary The purpose of this report is to present the updated Waterway Manager Instrument of Delegation and seek Council’s resolution to adopt the schedule of delegated powers.

2018/0060 Moved: Cr Glenn Milne Seconded: Cr Jason Modica

That Council: (i) revoke the Waterway Manager Instrument of Delegation from Council to

Staff authorised by resolution of Council passed on 15 December 2016; (ii) adopt the Waterway Manager Instrument of Delegation from Council to

Staff as presented; and (iii) authorise all powers be delegated to members of Council staff holding,

acting in or performing the duties of officers or positions referred to in the Waterway Manager Instrument of Delegation as presented, once adopted.

CARRIED


14.4 MILDURA CITY HEART INC ANNUAL BUSINESS PLAN 2018-2019

Cr Modica declared that he held an Indirect Conflict of Interest by close association and accordingly left the meeting and remained outside while the vote was taken, having taken no part in the debate, the time being 6.03pm. Summary

This report presents the Mildura City Heart Incorporated (MCH) Annual Business Plan 2018-2019 to Council for endorsement in accordance with the current Memorandum of Understanding (MOU) 2016-2019 in place between both parties.

2018/0061 Moved: Cr Simon Clemence Seconded: Cr Glenn Milne

That Council endorse the Mildura City Heart Incorporated Annual Business Plan 2018-2019, as presented.

CARRIED

Cr Modica returned to the meeting, the time being 6.04pm.


14.5 SPECIAL AUDIT COMMITTEE MEETING 5/2017-2018 - MINUTES SUMMARY - 22 MARCH 2018

Summary In line with the requirements of the Audit Committee Charter, the purpose of this report is to present to Council, for noting, a summary of the minutes of Special Audit Committee Meeting No. 5/2017-2018. The confidential minutes of Special Audit Committee Meeting No. 5/2017-2018, including key outcomes and recommendations of the meeting, have been distributed to Council under separate cover.

2018/0062 Moved: Cr Simon Clemence Seconded: Cr Jason Modica

That Council note the confidential minutes of the Special Audit Committee Meeting 5/2017-2018 held on 22 March 2018.

CARRIED

14.6 QUARTERLY FINANCIAL MANAGEMENT REPORT - MARCH 2018

Summary This report presents Council’s draft financial position for the period ending 31 March 2018 through a number of standard reports that have been prepared using generally accepted accounting principles.

In summary, these reports show:

a surplus of $26.213 million

capital expenditure of $17.642 million

cash and cash equivalents balance of $37.763 million

investments greater than 3 months of $17.873 million. 2018/0063 Moved: Cr Glenn Milne Seconded: Cr Anthony Cirillo

That Council note the contents of the Quarterly Financial Management Report for the period ending 31 March 2018.

CARRIED


14.7 USE AND DEVELOPMENT OF THE LAND FOR MATERIALS RECYCLING, FOR THE STOCKPILING AND REPROCESSING OF WASTE CONCRETE AND ASSOCIATED MATERIAL, AND A REDUCTION IN CAR PARKING REQUIREMENTS AND ASSOCIATED WORKS - COWRA AVENUE EXTENSION

Cr Milne declared that he held an Indirect Conflict of Interest by close association and accordingly left the meeting and remained outside while the vote was taken, having taken no part in the debate, the time being 6.05pm. Summary

Date Received: 21 December 2017

Subject Property: Lot 1 TP 674977 and Lot 2 TP 674977 Cowra Avenue Extension

Proposed Use/Development: Use and development of the land for materials recycling, for the stockpiling and reprocessing of waste concrete and associated material, and a reduction in car parking requirements and associated works.

Zone: Public Use Zone 1 Service and Utility

Overlays: Environmental Significance Overlay Schedule 4 Design and Development Overlay Schedule 8

Applicant: James Golsworthy Consulting Pty Ltd

Application Triggers: Clause 36.01-1 Clause 36.01-2 Clause 42.01-2 Clause 52.06-3

Relevant Provisions: Clause 13.04-2: To assist the protection and improvement of air quality. Clause 17.02-2: Design of industrial development Clause 19.03-5 Waste and resource recovery Clause 21.07-1 Avoiding land use conflicts Clause 21.08-4 Industrial Clause 21.09-1 Urban and transport infrastructure Clause 36.01 Public Use Zone Clause 42.01 Environmental Significance Overlay (Schedule 4) Clause 43.02 Design and Development Overlay (Schedule 8) Clause 52.06 Car Parking Clause 52.10 Uses with Adverse Amenity Potential Clause 52.45 Resource Recovery

Objections Received 19

This application proposes the use and development of the land for materials recycling, for the stockpiling and reprocessing of waste concrete and associated material, and a reduction in car parking requirements and associated works.

The subject site is located approximately 2 kilometres north east of the township of Koorlong and 400 metres from the Twentieth Street and Cowra Avenue Extension intersection.


The land currently contains stock piles of unprocessed concrete that has been stored at this site from the Sunraysia Modernisation Project (SMP) which resulted in existing channels being made redundant and subsequently replaced with modern piping.

The site also contains buildings and works associated with a Material Recycling Facility that has operated at the site from early 2016 to late 2017 under Planning Permit 005.2015.000000218.002. This Planning Permit was cancelled by the Victorian Civil and Administrative Tribunal (VCAT) in March 2018.

The subject site is located within close proximity to the existing crushing plant (Hansons) and bitumen batching plant (Fulton Hogan) located on the Corner of Benetook Avenue and Twentieth Street (which is west of the site).

The Koorlong Landfill is located directly south of the subject site, the landfill has been closed for approximately 20 years. Council extensively monitors the site for possible gas leachate.

Council has received 19 objections to date. The key planning-related issues that were raised in the objections are:

Asbestos being crushed

Dust issues (impacts on humans and agriculture)

Heavy vehicle movement within the area

Noise issues

Damage to Cowra Avenue Extension

Vibration issues

The application was referred to the Environment Protection Authority Victoria pursuant to Section 55 of the Planning and Environment Act 1987. No objection was received subject to conditions required to be placed on any permit issued. The applicant has supplied a Site Management Plan that contains how the site is to be managed and operated. It is considered that the site can be appropriately managed given the EPA Conditions and compliance with the Management Plan.

The application was assessed against all relevant sections of the Mildura Planning Scheme. The use is considered a positive outcome for the Municipality by allowing material that would essentially be delivered to a Landfill to be recycled and reused. A Notice of Decision to Grant a Planning Permit is recommended.

Cr Thorburn time expired and was extended by the Chairperson, as outlined in section 37 Time Limits of Local Law No 1 (Conduct of Meetings). 2018/0064 Moved: Cr Max Thorburn Seconded: Cr Simon Clemence

That Council refuse to grant the permit.

CARRIED

Cr Milne returned to the meeting, the time being 6.20pm


14.8 MAJOR PROMOTIONAL SIGN - 2092 FIFTEENTH STREET, IRYMPLE

Summary

Date Received: 6 September 2017

Subject Property: 2092 Fifteenth Street, Irymple

Proposed Use/Development: Major Promotion Sign

Zone: Commercial 1 Zone

Overlays: Development Contributions Plan Overlay (Schedule 2)

Applicant: Total Outdoor Media Pty Ltd

Application Triggers: Clause 52.05-7: Section 2

Relevant Provisions: Clause 34.01 Commercial 1 Zone Clause 52.05 Advertising Signs Clause 65 Decision guidelines Clause 66 Referral and Notice Provisions

Objections Received 156

This application proposes a Major Promotion Sign at the site known as 2092 Fifteenth Street, Irymple. The subject land is located on the Karadoc Avenue and Fifteenth Street intersection, Irymple. The locality contains a wide range of uses: South-east: Medical Centre (Irymple Foot Clinic) South-west: Dwelling North-west: OTR Service Station North: Offices North-east: Irymple Pub & IGA This section of Fifteenth Street is a declared road and is within the Road Zone 1. The application was notified pursuant to Section 52(1)(a) of the Planning and Environment Act 1987 by sending notices and placing a sign on site. Council has received 156 objections to date. The key issues are as follows

Doesn’t fit within the character of the area.

Surrounding land is predominantly residential

Adds little or no visual interest

Overshadowing adjoining property

Will affect the efficiency of our solar panels (reduce efficiency)

Not sure what will be advertised

Traffic issues (busy intersection)

Safety issues (children will climb on it)

Size and location will be an eyesore

The sign can change with potentially “offensive advertising”

Restricts future development

Graffiti issues


Issues were raised regarding “what could be put on the sign”. Consultation was undertaken with the applicant and it was confirmed that there are advertising standards that the proponent would be required to adhere to. As the application is for a Major Promotion Sign, no restriction would be placed on the type of advertising that could be placed on it as the signage would be allowed to “promote goods, services, an event or any other matter, whether or not provided, undertaken or sold or for hire on the land or in the building on which the sign is sited” as per the definition of the proposed sign contained within Clause 73 of the Mildura Planning Scheme. Detrimental impacts on the adjoining land was also taken into consideration. Overshadow diagrams were received from the applicant. It was apparent that the sign would be overshadowing the adjoining property. Therefore a condition 1 requirement is recommended to be placed on any permit issued requiring the repositioning and re alignment of the sign to not overshadow the adjoining properties. The proposed sign meets the relevant clause of the Mildura Planning Scheme, therefore a Notice of Decision to Grant a Permit is Recommended. 2018/0065 Moved: Cr Jason Modica Seconded: Cr Min Poole

That Council refuse to grant the permit for the sign on the corner of Fifteenth Street and Karadoc Avenue.

CARRIED

15 URGENT BUSINESS

Nil

16 PUBLIC QUESTIONS

16.1 RELOCATABLE ADVERTISING BILLBOARDS


Gerard José, Chief Executive Officer advised that a number of questions and statements had been received regarding cumulative impacts of huge billboards. Mr José further advised that these questions will be taken on notice and a response provided.

16.2 POUND OPERATIONS


Mandy Whelan, General Manager Development advised that a number of questions had been received regarding the operations of the pound and that responses would be provided in writing.


16.3 FOOTPATH - PIZZA CAFE


“Whose responsibility is the pavement kerbing outside the Pizza Café? It is extremely dangerous to people with disabilities & mobility issues. If Council is responsible when will it be attended to? It is very overdue”

Mandy Whelan, General Manager Development advised that Council conducts regular inspections of footpaths in the CBD. Ms Whelan further advised that an inspection of this area would be scheduled and any faults rectified.

16.4 DOG PARK COMMUNITY GROUP


“We have set up a Facebook group after users of the dog park sent in the petition. As of 24 April 2018, the Mildura Dog Park Community Group has 119 members. Is there a way we can assist with promotion or work in conjunction with Council on this project/trial?”

Martin Hawson, General Manager Community advised that there are plans to establish a community reference group who will be responsible for evaluating the feedback received in relation to the trial dog park and the member of the community raising this issue is welcome to be part of this group. Mr Hawson further advised that a Public Open Space Strategy is also currently being developed and the information collected from this trial will assist in a strategic direction in regards to all dog parks across the municipality.

CONFIDENTIAL BUSINESS

6.27pm 2018/0066 Moved: Cr Anthony Cirillo Seconded: Cr Jason Modica The meeting move into Confidential to deal with:

Contractual matters;

Proposed developments;

Any other matter which the Council or special committee considers would prejudice the Council or any person;

CARRIED

minutes ordinary meeting of council - rural city of mildura · 2018-06-04 · minutes ordinary...

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