minutes ordinary meeting of council - rural city of mildura · 1 prayer and acknowledgement of...

MINUTES Ordinary Meeting of Council

5.00pm Thursday 24 August 2017

VENUE: Committee & Council Room 76 Deakin Ave, Mildura NEXT ORDINARY COUNCIL MEETING 5.00pm Thursday 28 September 2017

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 JULY 2017 ..................................................................... 8

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

9.1 COUNCILLORS' REPORT JULY 2017 .......................................................... 8

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

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

11.1 CR ANTHONY CIRILLO WORKSAFE TEST RESULTS ................................ 9

11.2 CR MAX THORBURN NICHOLS POINT GROUP ACCOMMODATION APPLICATION ............................................................................................... 9

11.3 CR MAX THORBURN RUBBISH - COWRA AVENUE PROPERTY ............... 9

11.4 CR MAX THORBURN KENNY PARK TENNIS CLUB ...................................10

11.5 CR MAX THORBURN MILLEWA LEAGUE FOOTBALL CLUBS - GROUND RENTAL .......................................................................................10

11.6 CR MAX THORBURN SUNRAYSIA FOOTBALL LEAGUE - GROUND RENTAL NUMBER ONE OVAL.....................................................................10

11.7 CR MAX THORBURN HIRE OF COUNCIL OVAL & PARKS - TOTAL CHARGES LISTING ......................................................................................11

11.8 CR SIMON CLEMENCE EUTHANASIA OF CATS ........................................11

11.9 CR MARK ECKEL LEAGUE HIRE OF GROUNDS .......................................11

12 NOTICES OF MOTION .............................................................................................11

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

14 MANAGEMENT REPORTS ......................................................................................12

14.1 DRAFT COMMUNITY HEALTH AND WELLBEING PLAN - PUBLIC

EXHIBITION ..................................................................................................12

14.2 ENERGY MANAGEMENT PLAN 2017-2021.................................................53

14.3 COUNCILLORS EXPENSE REPORT ...........................................................74

14.4 AUDIT COMMITTEE MEETING 1/2017-2018 - MINUTES SUMMARY - 19 JULY 2017 ....................................................................................................74

14.5 COMMUNITY SATISFACTION SURVEY RESULTS 2017 ............................74

14.6 ROAD NAMING - ARMSTRONG LANE ........................................................75

14.7 AMEND DESIGN OF APPROVED LOTS AND INCLUDE THE USE AND DEVELOPMENT OF THE LAND FOR A DWELLING ON LOT 2 ...................75

14.8 PETITION - REQUEST FOR SEALING OF ASH AVENUE ...........................75

14.9 MILDURA FUTURE READY ADVOCACY AND FUNDING STRATEGY .......76

15 URGENT BUSINESS ...............................................................................................76

16 OTHER MATTERS ...................................................................................................76

17 PUBLIC QUESTIONS ..............................................................................................77

17.1 PROFESSOR BILL RUSSELL ......................................................................77

17.2 ADVOCACY - PASSENGER TRAIN RETURN ..............................................77

CONFIDENTIAL BUSINESS ................................................................................................78

18 CONFIDENTIAL REPORTS .....................................................................................78

18.1 SECTION 89(2)(A) - (PERSONNEL MATTERS) ...........................................78

18.2 SECTION 89(2)(D) - (CONTRACTUAL MATTERS) ......................................78



19 CLOSURE ................................................................................................................78

GERARD JOSÉ

CHIEF EXECUTIVE OFFICER

Minutes – Ordinary Council Meeting Thursday 24 August 2017

1 PRAYER AND ACKNOWLEDGEMENT OF COUNTRY

The Mayor read the Council prayer and paid respects to the traditional land owners. At this point, the Mayor called for a minute’s silence to pay respect to the passing of Ms Donna Gardner and Victorian MP Fiona Richardson.

2 OPENING AND WELCOME

The Mayor welcomed the public to this meeting.

3 PRESENT

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

Officers Martin Hawson Acting Chief Executive Officer Mandy Whelan General Manager Development Chris Parham General Manager Corporate Charmaine Calis Acting Manager Corporate Administration

4 APOLOGIES

2017/0170 Moved: Cr Jason Modica Seconded: Cr Anthony Cirillo Council accept the apology from the following Councillor: Cr Greg Brown

CARRIED

5 CONFIRMATION OF MINUTES

2017/0171

Moved: Cr Simon Clemence Seconded: Cr Min Poole

That the Minutes of the Ordinary Council Meeting held on Thursday 27 July 2017 be confirmed as a correct record.

That the Minutes of the Confidential Council Meeting held on Thursday 27 July 2017 be confirmed as a correct record.

CARRIED


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. 2017/0172

Moved: Cr Jason Modica Seconded: Cr Simon Clemence That Council note the Assembly of Councillors records from the meetings as presented in the following table:

CARRIED


RECORD OF ASSEMBLIES OF COUNCILLORS

Assembly Details

Councillor Attendees

Officer Attendees Matters Discussed Conflict of

Interest Disclosures

Municipal Emergency Management Planning Committee

17 July 2017

2.00pm

Cr Simon Clemence

Richard Sexton, Manager, Corporate Administration Peter I’Anson, Emergency Management Project Officer Martin Hawson, General Manager, Community Mark Jenkins, Manager, Community Futures Jody Jones, Community Development Coordinator Geoff Burr, Community Liaison Officer Kerryne McClelland, Community Executive Recovery Officer Caitlin Tuohy, Recovery Communications & Engagement Officer Michael Vaughan, Infrastructure Services Coordinator Sjaakie Adriaans, Local Laws Coordinator Kate Redman, Administration Officer Risk & Emergency Management Simone Jones, Administration Support Officer Risk & Emergency Management

1. MEMPC Steering Committee Sub-Committee Activity

2. External Agency Reports/Presentations

3. Technical Rescue Project – Mallee Implementation Plan

4. VPR Workshop January 2017

5. MEMP Audit

Nil

Planning Forum

24 July 2017

5.30pm

Cr Simon Clemence Cr Anthony Cirillo Cr Mark Eckel Cr Jason Modica Cr Min Poole Cr Max Thorburn

Gerard José, Chief Executive Officer Mandy Whelan, General Manager Development Andrew Millen, Manager Development Services Damien Sutton, Statutory Planning Coordinator

1. Recommendation:- Refuse Extension of Time for a Planning Permit - Planning Application Number 005.2009.00000433.001

2. Recommendation:- Refuse Extension of Time for a Planning Permit – Planning Application Number 005.2009.00000487.001

Cr Glenn Milne disclosed an indirect conflict of interest by close association on matters 1-3


Assembly Details

Councillor Attendees

Officer Attendees Matters Discussed Conflict of

Interest Disclosures

3. Recommendation:- Refuse Extension of Time for a Planning Permit – Planning Application Number 005.2011.00000110.001

CEO Employment Matters Committee

8 August 2017

1.00pm

Cr Anthony Cirillo Cr Simon Clemence Cr Glenn Milne Cr Jason Modica

Richard Sexton, Manager Corporate Administration Phil Shanahan, Independent Chairperson

1. CEO Performance Review October 2015 to October 2016

Nil

Finance Advisory Committee Meeting

10 August 2017

12.45pm

Cr Anthony Cirillo Cr Simon Clemence Cr Glenn Milne Cr Jason Modica

Mandy Whelan, General Manager Development Chris Parham, General Manager Corporate David Folvig, Manager Financial Services

1. Contract – Mildura Post Bill Pay Contract Nil

Council Forum

10 August 2017

1.00pm

Cr Greg Brown Cr Anthony Cirillo Cr Simon Clemence Cr Mark Eckel Cr Glenn Milne Cr Min Poole Cr Max Thorburn

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

1. Rail Update 2. Mallee Floodplain Management Strategy 3. La Trobe University/SuniTAFE Update 4. Draft Community Health and Wellbeing

Plan 5. Monthly Management Report 6. Councillors’ Portfolios 7. Community Plan Support Fund – Outen

Park Fencing 8. Councillor’s Questions

Nil

Minutes - Ordinary Council Meeting Thursday 24 August 2017

7 NOTIFICATION OF ABSENCE

Nil

8 MAYORAL REPORT

8.1 MAYOR'S REPORT JULY 2017

Summary The following is a report on the activities and functions attended by the Mayor during the month of July 2017.

2017/0173 Moved: Cr Anthony Cirillo Seconded: Cr Mark Eckel

That Council note the contents of this report.

CARRIED

NB: In addition, Cr Glenn Milne spoke regarding the Watoto Children’s Choir.

9 COUNCILLORS REPORTS

9.1 COUNCILLORS' REPORT JULY 2017

Summary The following is a report on the activities and functions attended by Councillors during the month of July 2017.

2017/0174

Moved: Cr Mark Eckel Seconded: Cr Jason Modica


CARRIED

NB: In addition, Cr Max Thorburn spoke regarding the passing of Kevin Coogan. NB: In addition, Cr Mark Eckel advised that he attended the NAIDOC Week Flag Raising Event.


10 RESPONSES TO COUNCILLORS QUESTIONS

Nil

11 QUESTIONS FROM COUNCILLORS

11.1 CR ANTHONY CIRILLO WORKSAFE TEST RESULTS

File Number: 03/07/05

“Mr Mayor, today an issue was raised at my portfolio meeting, without disclosing too much about it, we then followed it down to Worksafe and I was contacted by them on the way here, there’s been a test done on what the issue was and I was just wondering if we are able to obtain a copy of that test? I believe the findings were favourable but as they will not disclose the results to me as a person, they may to the organisation.”

Martin Hawson, Acting Chief Executive Officer advised that Council will contact Worksafe and request confirmation of the findings.

11.3 CR MAX THORBURN RUBBISH - COWRA AVENUE PROPERTY

File Number: PA15530

“I have asked this question at a previous meeting of Council, not an open meeting but can I have an update as to what action has been taken to combat the rubbish and eyesore at the property 556 to 558 Cowra Avenue and the collection of vehicles, some of which appear to be on the road reserve?”

Mandy Whelan, General Manager Development advised that a customer request will be submitted on behalf of Cr Thorburn to address this issue.

11.2 CR MAX THORBURN NICHOLS POINT GROUP ACCOMMODATION APPLICATION

File Number: 005.2017.00000136.001

“Just following up on the Nichols Point Group Accommodation Application, is it true that it was going to go to VCAT but an agreement has been reached with the applicant and that it’s now being attended to by the Planning Department and that the VCAT item is not going to go ahead?”

Mandy Whelan, General Manager Development advised that this is correct.


11.4 CR MAX THORBURN KENNY PARK TENNIS CLUB


“Could I have a report either verbally or in writing, on why Council, as managers of a section of Kenny Park, will not allow the current members of the Kenny Park Tennis Club to lay a synthetic surface on the courts, identical to the recent treatment of the Nichols Point Tennis Club, which was approved?”

Martin Hawson, Acting Chief Executive Officer advised that he was not aware of the specifics of this particular project and that this matter would be referred to Council Forum for discussion.

11.5 CR MAX THORBURN MILLEWA LEAGUE FOOTBALL CLUBS - GROUND RENTAL


“When did the previously State legislated six months ruling in regard to football and cricket, suddenly change for the Millewa Football League at Lake Cullulleraine, to only include ground rental for home and away matches? And if this is the case, does it also apply to the Sunraysia Football/Netball League? And if so, are we charging Mildura, Merbein, Irymple and Red Cliffs Football Clubs who continue to have teams in the competition but outside the home and away matches, are we continuing to charge them for training use?”

Martin Hawson, Acting Chief Executive Officer advised that there has not been any changes with the exception of competition scheduling for the two leagues. Mr Hawson further advised that ground rental for the home and away season is under agreement with each of the various clubs whereas the finals series falls under the jurisdiction of both Millewa and Sunraysia Leagues. Accordingly, ground rental agreements for the finals are reached with both leagues.

11.6 CR MAX THORBURN SUNRAYSIA FOOTBALL LEAGUE - GROUND RENTAL NUMBER ONE OVAL


“Given the ruling to the Millewa Football League which has just been outlined, on the issue of finals ground hire, what is the arrangement enjoyed by the Sunraysia Football League which is using Number One Oval for a month to hold four weeks of finals matches? And also, for the use of Red Cliffs oval because they’re also having three weeks of matches at Red Cliffs?”

Martin Hawson, Acting Chief Executive Officer advised that all ground hire agreements are in accordance with Councils Fees and Charges Policy therefore total charges will vary depending on the specific arrangements of each agreement.


11.7 CR MAX THORBURN HIRE OF COUNCIL OVAL & PARKS - TOTAL CHARGES LISTING


“This is an updated question because I’ve asked this question 10 times before, I went and checked. In essence it’s the same question. Following the release of the Portfolio Councillor for Sport, of the current fees and charges, Mr Hawson was talking about, for the hiring of Council ovals and parks, when are we going to see a list of the total charges paid by individual football and netball clubs who use facilities in our municipality, tabulated year by year, for the years, 2014, 2015, 2016 and 2017?”

Martin Hawson, Acting Chief Executive Officer advised that a complex review of all sporting grounds is currently being undertaken and that the complexity of the matter relates to the calculation of expenditure for each ground and costs associated with operating those grounds. The actual tabulation of charges is then attributed to those calculations. Mr Hawson further advised that following the previous request by Councillors for a full analysis, a comprehensive report is being drafted and should be presented to Council in September.

11.8 CR SIMON CLEMENCE EUTHANASIA OF CATS


“Mr Mayor, we as Councillors have been bombarded by a number of emails in relation to the euthanasia of cats recently which has caused a bit of a stir in the media and the emails come from far and wide, well outside this particular municipality. Can Council assure Councillors that any future euthanasia of cats as a result of them having a contagious disease are done within State guidelines and best practice and under the direction of the veterinary surgeon?”

Mandy Whelan, General Manager Development advised that all practices undertaken at the pound are in accordance with the Code of Practice for Animal Pounds and Shelters. Ms Whelan further advised that whilst all euthanasia of animals is carried out by a veterinary surgeon and does not occur at the pound, a review of practices is currently underway. Following completion of the review, Councillors will be updated accordingly.

11.9 CR MARK ECKEL LEAGUE HIRE OF GROUNDS


“Is it true that the league hire of grounds is treated independently than the clubs and isn’t it true that the Recreation Department are putting together a fees and charges review to be completed, hopefully by next budget?”

Martin Hawson, Acting Chief Executive Officer advised that this is correct.

12 NOTICES OF MOTION

Nil


13 PETITIONS

Nil

14 MANAGEMENT REPORTS

14.1 DRAFT COMMUNITY HEALTH AND WELLBEING PLAN - PUBLIC EXHIBITION

Summary This Council report details the Mildura Rural City Council Draft Community Health and Wellbeing Plan (CHWBP) to be released for public exhibition.

2017/0175 Moved: Cr Ali Cupper Seconded: Cr Simon Clemence

That Council endorse the Draft Community Health and Wellbeing Plan for public exhibition.

CARRIED


14.2 ENERGY MANAGEMENT PLAN 2017-2021

Summary The purpose of this report is to seek Council endorsement of the Mildura Rural City Council Draft Energy Management Plan 2017-2021.

2017/0176 Moved: Cr Anthony Cirillo Seconded: Cr Jason Modica

That Council adopt the Draft Energy Management Plan 2017-2021.

CARRIED


14.3 COUNCILLORS EXPENSE REPORT

Summary In keeping with Council’s Councillor Support and Expenses Policy CP012, Councillor’s expenses are reported quarterly to an Ordinary Meeting of Council. Accordingly, this report presents Councillor’s expenses for the period 1 April to 30 June 2017.

2017/0177 Moved: Cr Simon Clemence Seconded: Cr Anthony Cirillo


CARRIED

14.4 AUDIT COMMITTEE MEETING 1/2017-2018 - MINUTES SUMMARY - 19 JULY 2017

Summary The Audit Committee Charter requires a summary of the minutes of Audit Committee meetings to be presented to Council for noting. The confidential minutes of Audit Committee Meeting 1/2017-2018, which include the key outcomes and recommendations of the meeting, have been distributed to councillors under separate cover.

2017/0178 Moved: Cr Jason Modica Seconded: Cr Mark Eckel

That Council note the confidential minutes of the Audit Committee Meeting 1/2017-2018 held on 19 July 2017.

CARRIED

14.5 COMMUNITY SATISFACTION SURVEY RESULTS 2017

Summary The purpose of this report is to inform Council of the results from the 2017 Community Satisfaction Survey.

2017/0179 Moved: Cr Ali Cupper Seconded: Cr Anthony Cirillo

That Council note the Community Satisfaction Survey results for 2017.

CARRIED


14.6 ROAD NAMING - ARMSTRONG LANE

Summary The purpose of this report is to seek Council’s resolution to officially name an unnamed road at Red Cliffs, Armstrong Lane.

2017/0180 Moved: Cr Jason Modica Seconded: Cr Min Poole

That Council approve for the identified road to be named Armstrong Lane and be registered in Vicnames accordingly.

CARRIED

14.7 AMEND DESIGN OF APPROVED LOTS AND INCLUDE THE USE AND DEVELOPMENT OF THE LAND FOR A DWELLING ON LOT 2

Please note that this Agenda item was withdrawn from Business.

14.8 PETITION - REQUEST FOR SEALING OF ASH AVENUE

Summary A petition requesting the sealing of a gravel section of Ash Avenue, to the south of Walnut Avenue, Koorlong, was noted by Council at its July meeting.

2017/0181 Moved: Cr Anthony Cirillo Seconded: Cr Jason Modica

That Council: (i) leave the unsealed section of Ash Avenue to the south of Walnut Avenue,

Koorlong, as a maintained gravel road, and (ii) advise the first named petitioner accordingly.

CARRIED


14.9 MILDURA FUTURE READY ADVOCACY AND FUNDING STRATEGY

2017/0182 Moved: Cr Ali Cupper Seconded: Cr Min Poole

That Council accept late Item 14.9 into the meeting.

CARRIED Summary

The purpose of this report is to engage all three levels of government to collectively focus on core projects that will generate jobs, economic stimulus and social outcomes. Mildura Future Ready Funding and Advocacy Strategy is an initiative for Council to attract large scale government investment into the Mildura community.

2017/0183 Moved: Cr Ali Cupper Seconded: Cr Simon Clemence

That Council: (i) support the development of Mildura Future Ready Funding and Advocacy

Strategy; and (ii) endorse the four priority projects that make up Mildura Future Ready Funding

and Advocacy Strategy:

Mildura South Regional Sporting Precinct

Mildura Motorsports and Community Precinct

Mildura Riverfront Redevelopment Stage 2

Mildura Passenger Rail Service

CARRIED

15 URGENT BUSINESS

Nil

16 OTHER MATTERS

Nil


17 PUBLIC QUESTIONS

17.1 PROFESSOR BILL RUSSELL


“On the 10 August Councillors met with Professor Bill Russell to discuss and learn from this esteemed and highly qualified man details re the return of our passenger train. We ask the Council for information and outcomes from this meeting now and for it to be made available to the general public and ratepayers through the local media” Martin Hawson, Acting Chief Executive Officer advised that the fact sheet attached to the Mildura Future Ready report contains all the points covered at the meeting with Professor Russell and also outlines Council’s proposed actions. Mr Hawson also advised that part of the discussion with Professor Russell was in regards to a feasibility study and how to couch the argument for why the passenger rail needs to be returned. Whilst Council has been visibly working on a strategy for Mildura Future Ready in the background, Professor Russell’s comments were in alignment with and supportive of what Council is trying to achieve with regard to what needs to happen for the return of passenger rail. Mr Hawson further stated that following the resolution of Council, the return of the Mildura Passenger Rail Service is one of the four core projects that Council will be advocating for as part of Mildura Future Ready.

17.2 ADVOCACY - PASSENGER TRAIN RETURN


“It states in the Council and Community Plan “we will manage resources in a sustainable manner to provide services that are relevant, of a high standard and respond to identified community needs”. “Greater Advocacy from Council for the Return of the passenger train” “We ask how and when will this occur? It has been many, many months since the Council election and a majority of Councillors publicly supported the return of our train. Many people based their vote on this issue. The community further backed this by their overwhelming response to the petition we collected.” Martin Hawson, Acting Chief Executive Officer advised that this matter is addressed within Mildura Future Ready and a press conference has been scheduled for Friday 25 August 2017 to explain the strategy.

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