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Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office Council Chamber Cliff Street, Portland

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Page 1: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

Glenelg Shire Council

Minutes of the Ordinary Meeting of Council held on

Tuesday, 22 July 2008, at 7.00pm

Portland Office – Council Chamber

Cliff Street, Portland

Page 2: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 2 Tuesday, 22 July 2008

Contents Page

Introduction:

Attendees, Opening Prayer, Apologies, Confirmation of Minutes: 3

Declarations of Interest & Conflict of Interest: 3-5

Question Time: 6

I. Questions of which due notice has been given in writing or previously

taken on notice: 6

1. Green Triangle Freight Action Plan 6

2. Rezone residential one land near Incitec Pivot 7

3. Historic Buildings Restoration Committee 7

II. Questions from the Gallery: 7

1. Patterson’s Lane, Portland 7-8

2. Blue gum investigation by the Shire 8

A. Notices of Motion: 9

B. Deputations: 9

C. Petitions: 9

D. Management Reports: 10

D1. Recreation and Open Space Strategy – Progress Report 10-11

D2. Draft Positive Ageing Strategy 12-14

D3. Updated Instruments of Delegations, Appointments & Authorisations 15-17

D4. Proposed Naming of Dartmoor Truck Bypass Road, Dartmoor and

Naming of Unnamed Road off Murphys Road Portland 18-21

Any Other Procedural Matter: 22

Any Other Business:

1. Report on the Admella 150th anniversary festival 22

2. Portland Lifeboat and plaque 22

3. Announcement from the State Government 22

4. Regional Arts Victoria 22

5. Portland Child and Family Complex 22

6. Casterton – Dartmoor Road Funding 22

7. Planning Permit – Aldi 22

Page 3: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 3 Tuesday, 22 July 2008

Receipt of Items Submitted for Information: 23

Closure of Meeting to Members of the Public: 24

E. “In Camera” Reports: 25

Page 4: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 4 Tuesday, 22 July 2008

TIME:

7.00 pm

PRESENT:

Acting Mayor, Cr. Gilbert Wilson (Henty Riding), Cr. Frank Zeigler (Fawthrop Riding), Cr. Karen Stephens (Gilmore Riding), Cr. Bill McIntyre (Dutton Riding), Cr. Joy Benbow (Mt. Clay Riding) and Cr. Robert Halliday (Grant Riding). Also in attendance were the Chief Executive Officer (Mr. Stuart Burdack), Group Manager Corporate Services (Mr. Trevor Hornby), Group Manager Planning and Economic Development (Mr. Syd Deam), Group Manager Community Development (Ms. Adele Kenneally) and Corporate Support Officer (Miss Katharine Purton).

OPENING PRAYER:

The Mayor opened the Meeting with the Council Prayer.

RECEIPT OF APOLOGIES:

Cr. Geoff White (Flinders Riding), Cr. Tom Munro (Mitchell Riding) and Cr. Neil Kerr

(Cobboboonee Riding).

CONFIRMATION OF MINUTES:

Crs. Zeigler and Halliday That the minutes of the Ordinary Council Meeting held on 24 June 2008, as circulated, be confirmed. CARRIED

DECLARATIONS OF INTEREST & CONFLICT OF INTEREST:

Cr. Wilson declared a conflict of interest in item E1. Notice of Intention to Sell Council

Owned Land as his wife is a property owner in the area.

Page 5: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 5 Tuesday, 22 July 2008

WHEN DETERMINING AN INTEREST OR CONFLICT OF INTEREST:

The Victorian Local Government Act 1989 contains provisions relating to’ interests’ (pecuniary and non-pecuniary) that have the objective of improving public confidence in the probity of local government decision-making at Victoria’s 79 Councils. Reference: Sections 77A, 77B and

79.

1. Disclosure of Interest.

Generally, a ‘disclosure of interest’ applies if a Councillor, or a person with whom the Councillor

is closely associated:

(a). Would receive or have a reasonable expectation of receiving, a direct or indirect

pecuniary or non-pecuniary benefit; or (b). Would suffer or have a reasonable expectation of suffering, a direct or indirect pecuniary

or non pecuniary detriment; or (c). Could be reasonably perceived as –

(i). Receiving a direct or indirect pecuniary or non-pecuniary benefit; or (ii). Suffering a direct or indirect pecuniary or non-pecuniary detriment.

The Councillor must disclose the interest to the Council at the beginning of the meeting and immediately before the matter is considered or discussed at the meeting. The disclosure of

interest must include the nature of the relevant interest and be recorded in the Minutes.

If the disclosure relates to an ‘interest’ and not a ‘conflict of interest’, the Councillor may exercise their discretion and remain in the Council Chamber, participate in the discussion and vote on the matter.

2. Conflict of Interest.

Generally, a Councillor has a conflict of interest in respect of a contract, proposed contract or other matter if the Councillor:

(a). Has a direct or indirect pecuniary interest in the matter; or (b). Is of the opinion that the nature of his or her interest in the contract, proposed contract

or other matter is such that it may conflict with the proper performance of his or her public duties in respect of the contract, proposed contract or other matter.

3. Disclosure of Conflict of Interest.

(1). If a Councillor has a conflict of interest in any contract or proposed contract with the

Council, or in any matter in which the Council is concerned which is to be, or is likely to be, considered or discussed at a meeting of the Council, the Councillor must:

(a). If he or she intends to be present at the meeting, disclose the nature of the conflict of interest at the beginning of the meeting and immediately before the

consideration or discussion; or (b). If he or she does not intend to be present at the meeting, disclose the nature of the

conflict of interest to the Chief Executive Officer or her delegate.

(2). The Councillor may choose to remain in the room in which the meeting is being held

during any consideration or discussion of the contract, proposed contract or other matter.

(3). The Councillor may take part in the consideration or discussion but cannot move or second a motion on any question relating to the contract, proposed contract or other

matter.

(4). Prior to any vote being taken on a question relating to a contract, proposed contract or other matter, the Councillor must:

(a). Leave the room and notify the Mayor or Chairperson of the Meeting that he or she is doing so; and

(b). Remain outside the room and any gallery or other area in view or hearing from the room.

(5). After the result of the vote on the question relating to the contract, proposed contract or other matter has been declared, the Mayor or the Chairperson of the Meeting must

cause the Councillor to be notified that he or she may return to the room.

Page 6: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 6 Tuesday, 22 July 2008

QUESTION TIME:

I. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN IN WRITING OR HAVE

PREVIOUSLY TAKEN ON NOTICE:

1. Green Triangle Freight Action Plan

The Portland Observer asked the following question:

Glenelg Shire Council is part of a steering committee comprising senior officials

of the Victorian and South Australian transport departments; the Moyne and

Southern Grampians Shire councils and SELGA; which will develop a Green

Triangle Freight Action Plan. The plan is listed to be completed by December.

What progress if any has the steering committee made to date and how far

down the track is the committee in engaging a transport planning consultant

as listed in the terms of reference?

Acting Mayor, Cr. Wilson advised there are a number of working groups and there

has been one meeting of the Steering Committee. Minister Pallas indicated during

his visit on Wednesday that the plan would be completed by the end of the year.

WHEN DETERMINING AN INTEREST OR CONFLICT OF INTEREST - cont:

(6). If a Councillor discloses a conflict of interest, the Chief Executive Officer or the

Chairperson of the Meeting must record the declaration and the nature of the conflict of interest in the minutes of the meeting at the beginning of the minutes under the heading

‘Declarations of Interest & Conflict of Interest’ and again at the time the consideration or discussion took place.

(7). A Councillor who fails to comply with section 79 of the Act is guilty of an offence:100 penalty units ($10,000) and potential ouster from the office of Councillor. The Act clearly

places the responsibility for complying with Sections 77A, 77B and 79 of the Act on Councillors.

The above information is a summarised version of the Sections 77A, 77B and 79 of the Act and is

provided as a guide only. Councillors can access the Local Government Act 1989 via the Governance Support Officer. Any information on ‘interests’ and ‘conflict of interests’ provided to Councillors by Officers is

provided in good faith and on a without prejudice basis. It is the responsibility of each Councillor to make their own decision or to seek independent legal advice.

Page 7: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 7 Tuesday, 22 July 2008

QUESTION TIME:

(continued)

I. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN IN WRITING OR HAVE

PREVIOUSLY TAKEN ON NOTICE:

(continued)

2. Rezone residential one land near Incitec Pivot

The Portland Observer asked the following question:

What progress has the Council made in relation to Planning Minister Justin

Madden’s request to rezone residential one land near Incitec Pivot to Industrial

following the Rossdell Court decision?

Acting Mayor, Cr. Wilson advised the matter would be discussed during this meeting

in camera. However, in accordance with the protocol for planning issues, Council’s

response will be confidential. The Acting Mayor also stated that the decision of the

former Kennett State Government on Christmas Eve in 1999 without any public

consultation or Council consultation was made and therefore, in my view, the zoning

of this land is clearly a State Government matter.

3. Historic Buildings Restoration Committee

The Portland Observer asked the following question:

The Historic Buildings Restoration Committee has written to Planning Minister

Justin Madden requesting the government buy or acquire Narrawong coastal

land in DPO 5A and DPO 7. Has the Council any view on this issue?

Acting Mayor, Cr. Wilson advised that Council has not received any advice from the

State Government on this matter for Councils decision. Therefore, Council has not

formed a view at this time.

II. QUESTIONS FROM THE GALLERY:

1. Patterson’s Lane

Mr. Les John of Portland asked the following question:

My question is regarding the deplorable state of the Patterson’s Lane Roadway

and a concern of public safety.

Turning from Wellington Road into the Lane from either direction, it is impossible

to miss some of the huge and quiet deep potholes which are currently full of

water and have been for many weeks. As vehicles negotiate along the Lane,

copious amounts of water and mud are splashed onto neighbouring

properties, causing quiet a mess.

Coming from the Barkly Street entrance, the road is in poor condition and

when traffic nears the Wellington Road end, drivers often keep hard left

against the ABC Child Minding property in an endeavour to avoid the worst

potholes, thereby giving that property a good spray too.

Page 8: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 8 Tuesday, 22 July 2008

II. QUESTIONS FROM THE GALLERY:

(continued)

1. Patterson’s Lane

(continued)

The state of this Lane is a traffic hazard and endangers the safety of the Child

Centre and the residents.

To simply fill these holes with Quarry material will not be of any value. This road

needs reconstruction and sealing as a matter of urgency and public safety.

Will Council give attention to this Lane as a matter of priority?

Acting Mayor, Cr. Wilson advised unfortunately the Assets and Infrastructure Group

Manager is not present at tonight’s meeting. Therefore, the question will be taken on

notice and an answer will be provided at the August Ordinary Council Meeting.

2. Blue Gum Investigation by the Shire

Mr. Les John of Portland asked the following question:

The importance of the Blue Gum industry cannot be denied however, in light of

the recent trip to WA by representatives of the Glenelg Shire Council, in regard

to investigating the industry in that State, at the considerable cost of $7,946.34

to ratepayers, how can Council justify sending another similar delegation to

that State, and what other important reasons would there be for doing so that

were not covered in the first visit?

Acting Mayor, Cr. Wilson advised the cost of the trip was very economical, as

Council did budget $15,000.00 and the cost of a previous delegation some years

ago was $12,000.00. The Shire has received very good value for its dollar and has

meet with a number of businesses, some have purchased land in preparation to start

up business within the Shire. Since the trip, Council has adopted a report with a

number of recommendations. Council representatives have also been invited to

Timber Towns to share the information obtained during the trip. Also State

Government Departments have showed interest in the trip.

Cr. Stephens clarified for Mr. John, that the Glenelg Shire Councill is not intending on

conducting another Study tour to Albany at the present time.

Page 9: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 9 Tuesday, 22 July 2008

A. NOTICES OF MOTION:

Nil.

B. DEPUTATIONS:

(A formal process whereby members of the public or representatives of organisations

may, with prior written permission, address the Council on issues.)

C. PETITIONS:

(A process whereby a formal written request can be made by or on behalf of a

group of people.)

D. MANAGEMENT REPORTS:

Page 10: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 10 Tuesday, 22 July 2008

D1. RECREATION AND OPEN SPACE STRATEGY – PROGRESS REPORT

(Separate circulation to Councillors and Managers)

(DWS: 680884)

To be presented by: Dayle King, Recreation and Youth Services Coordinator

Responsible Officer: Adele Kenneally, Group Manager Community

Development

Author: Dayle King, Recreation and Youth Services Coordinator

Executive Summary

The attached report provides details of progress to date in implementing

recommendations from the Glenelg Shire Council Recreation and Open Space

Strategy.

Report

The Strategy was presented and adopted at the Ordinary Council Meeting on 24

April 2007.

The Strategy contains 198 recommendations with priorities spaced over a 10 year

time span.

Attachment No. 1 provides progress on 27 of the recommendations. Work will

continue on these projects to bring them to completion. Some of the key actions

that have occurred over the past 12 months include:

• Employment of Recreation Services Officer to assist in the implementation of

the Strategy.

• “Have a go Week” – community invited to participate in a range of activities to

foster increased sport and recreation activity.

• Funding of $155,000 from Department of Human Services for “Active Glenelg

Project”, which includes development of Bike Plans for Heywood and Casterton

and promotion of healthy eating and physical activity to primary school

children.

• Needs analysis (survey) undertaken of Clubs across Shire.

• Recreation E-News – provision of information on grants, events, activities, hints

and tips send via email to clubs and organizations.

• Workshops held for clubs and organisations on: Responsible serving of alcohol;

grant seeking; strategic planning.

• Works undertaken at: Island Park Recreation Reserve, Casterton, Portland

Fitzgerald Street Stadium, Portland Aquatic Centre, Heywood Football Club,

Merino Pavilion, Hanlon Park, Croquet Club, plus others.

Page 11: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 11 Tuesday, 22 July 2008

D1. RECREATION AND OPEN SPACE STRATEGY – PROGRESS REPORT

(continued)

In developing a roll-out plan for the recommendations the following Key Strategic

Objectives identified in the Strategy have been employed to assist in determining

the priorities:

1. Provide a diversity of recreation facilities and opportunities.

2. Provide facilities and infrastructure than can support high levels of community

use.

3. Encourage and support community involvement in sustainable club

management and development.

4. Facilitate diverse recreation programs and participation opportunities (either

directly by Council or external providers).

5. Provide effective recreation and open space planning, management and

leadership.

Other factors influencing this process include staff resources, available finance,

ability of other agencies to provide assistance, Council strategies / plans, the

Building Asset Management Plan and the Parks and Gardens Asset Management

Plan.

A schedule is also being developed for the identification and completion of policies

and guidelines necessary to support and implement recommendations contained in

the Strategy.

Officer Recommendation That the Glenelg Shire Council Recreation and Open Space Strategy Progress Report be received. Crs. Stephens and Benbow That the recommendation be adopted. CARRIED

Page 12: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 12 Tuesday, 22 July 2008

D2. DRAFT POSITIVE AGEING STRATEGY

(Separate circulation to Councillors and Managers)

(DWS: 680472)

To be presented by: Adele Kenneally, Group Manager Community

Development

Responsible Officer: Adele Kenneally, Group Manager Community

Development

Author: Adele Kenneally, Group Manager Community

Development

Executive Summary

A draft Positive Ageing Strategy 2008 – 2013, “Ageing well in Glenelg” has been

prepared following extensive community consultation. This report outlines the

process undertaken, provides a summary of the strategy, and seeks Council

approval for the draft strategy to be placed on public exhibition.

Report

The proportion of persons aged over 65 in the Glenelg Shire is growing and is

expected to increase markedly over the next 2-3 decades. The Glenelg Shire

Council is developing a Positive Ageing Strategy to maintain and enhance the

liveability of the shire for persons aged over 55 and to contribute to their wellbeing.

Council endorsed the Project Steering Committee Terms of Reference and the

Project Plan at the Ordinary Council Meeting on 18 December 2007, and ratified the

nominations of Councillors Zeigler, Stephens and Halliday for the Project Steering

Committee.

A Research Paper developed as part of the process for the Positive Ageing Strategy

in the latter part of 2007. Council noted the key themes from the Research Paper

and accepted nominations for the Project Steering Committee at the Ordinary

Council Meeting on 26th February.

Phil Ruge was contracted to facilitate the Project Steering Committee Workshops

and develop a draft positive Ageing Strategy and Action Plan. A total of 3

workshops were held in May and June 2008, and were well attended. As a

consequence a draft Positive Ageing Strategy and Action Plan has been

completed, and will be distributed and presented to Council at the Workshop.

The Positive Ageing Strategy and Action Plan represents Glenelg Shire’s response to

the issues and challenges arising from a worldwide problem of an ageing

population. For Glenelg Shire, the challenges arising from an ageing population are

significantly greater than those faced by Victoria as a whole.

Based on the Victorian Department of Sustainability and Environment population

projections, 60% of Portland’s population and 53% of the shire’s population will be 55

years or older by 2031 but across Victoria only 35% will be in the age group.

Page 13: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 13 Tuesday, 22 July 2008

D2. DRAFT POSITIVE AGEING STRATEGY

(continued)

Report

(continued)

The strategy outcomes and priority action areas have been developed on the 3

platforms of:

• Confident ageing

• Healthy ageing

• Positive attitudes to Ageing

The strategy outcome for ‘Confident ageing’ is that older residents in Glenelg feel

safe, supported and confident in their homes, neighbourhood and community.

Priority action areas are: accommodation; personal safety; built environment; urban

planning; and information access

The strategy outcome of ‘Healthy ageing’ is that older residents in Glenelg are well

informed about healthy lifestyles, and are active, mobile, connected and included.

Priority action areas involve health, participation and inclusion, lifelong learning,

special groups and mobility.

The strategy outcome for ‘Positive attitudes to ageing’ is that older residents in

Glenelg are valued, respected, considered and consulted. Priority action areas are

valuing older people and mature age employment.

To help achieve the above outcomes, many new proposals are included in the

action plans. Some of the key proposals include:

• establishment of an ‘Aged Care Service Providers Network to better plan and

support services

• establishment of Positive Ageing Reference Group

• establishment of a HACC Client Reference Group to provide better

consultation and feedback

• formation of a ‘Skills and volunteer bank’ for better community service

• establishment of a ‘Good neighbour program’ for better connectedness

• ‘Community Safety Month’ for better education and intentionally creating

opportunities for inter-generational interaction

It must be noted that the commitment of Council to successfully implementing these

initiatives will be demanding both in terms of manpower and finances. However, this

strategy and action plan will provide leverage for Council to attract funding for

many of these projects.

This 5 year strategic and action plan is Glenelg Shire’s policy commitment to

enhance the quality of life of its older citizens and strengthen the recognition of the

vital roles they play in our communities as family members, carers, volunteers, clients,

neighbours and workers. The Action Plans accompanying the policy goals are the

roadmaps for the Glenelg Council to use to achieve these goals and deliver a more

age friendly community that values its older residents and the ideal of ageing

positively.

Page 14: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 14 Tuesday, 22 July 2008

D2. DRAFT POSITIVE AGEING STRATEGY

(continued)

Report

(continued)

The following time frame is proposed:

Dates Actions

23 July 2008 Placed on public exhibition – copies available at

customer service centres at Portland, Heywood,

Casterton and the Portland Library

Made available for download from website

Mailed to members of Project Steering Committee

and participants in earlier consultations, Probus

Clubs, Senior Citizens Groups, etc.

Advertisement in Casterton News

Media Releases

25 July 2008 Advertisement placed in Portland Observer

15 August 2008 Public Exhibition period closes

19 August 2008 Feedback and comments considered by SMT

Amendments made and document finalised

26 August 2008 Positive Ageing Strategy and Action plan adopted

by Council

Officer Recommendation 1. That the Draft Positive Ageing Strategy – “Ageing Well in Glenelg” 2008-2013 is

placed on public exhibition for the period 23 July to 15 August 2008. 2. That the Positive Ageing Strategy and Action Plan is considered for adoption by

Council at the Ordinary Council Meeting 26 August 2008. 3. That a letter of thanks is provided on behalf of Council to all participants in the

consultations and workshops. Crs. Zeigler and Halliday That the recommendation be adopted. CARRIED

Page 15: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 15 Tuesday, 22 July 2008

D3. INSTRUMENT OF DELEGATIONS BY THE COUNCIL OR CHIEF EXECUTIVE OFFICER

(Separate Circulation to Councillors and Group Managers)

(DWS: 681083)

To be presented by: Trevor Hornby, Group Manager Corporate Services

Responsible Officer: Trevor Hornby, Group Manager Corporate Services

Author: Trevor Hornby, Group Manager Corporate Services

Executive Summary

The first review of Instruments of Delegations for 2008/2009 has been completed. The

amendments result from amendments to legislation, the enactment of the Graffiti

Prevention Act 2007, the transfer of some positions between Departments and

changes to some position titles.

Changes have been made to the S7. Instrument of Sub Delegation by Chief

Executive Officer, the S6 Instrument of Delegation by Council to Members of Staff,

and S11. Instrument of Appointment and Authorisation for staff.

Report

In accordance with the principles of good governance, continuous improvement

and statutory compliance a review of delegations and authorisations has been

completed. The Instruments of Delegation are based on the proforma Delegations

and Authorisations “package” published by Maddocks Lawyers and is updated on a

regular basis as part of a subscription service.

The objectives of the reviews are:

• To ensure that the delegations facilitate an effective and efficient Council

with a customer service focus.

• To verify that the delegations and authorisations incorporate all legislative

changes that has occurred.

• To update position titles to reflect the current organisational structure and

staff changes.

• To make minor wording enhancements, where necessary, to improve the

documents.

It is recommended that Council:

(1) Adopt the Instrument of Delegation – From Council to Members of Staff dated

22 July 2008.

(2) Note that the Instrument of Sub-Delegation from the CEO to designated staff

dated 22 July 2007 has been amended.

Page 16: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 16 Tuesday, 22 July 2008

D3. INSTRUMENT OF DELEGATIONS BY THE COUNCIL OR CHIEF EXECUTIVE OFFICER

(continued)

Report

(continued)

(3) Adopt the Instrument of Appointment and Authorisation documents dated 22

July 2008 for:

• Greg Andrews, Senior Environmental Health Officer

• Bree Porter, Environmental Health Officer

• Anthony Augunas, Senior Statutory Planner

• Christopher Hodgetts, Statutory Planner

• Murray Herron, Strategic Planner

• Terry Uniacke, Local Laws Coordinator

• Peter Sullivan, Local Laws Officer

• David Bothe, Local Laws Officer

• James Trahair, Local Laws Officer

• Wayne Wilkie, Municipal Building Surveyor

Page 17: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 17 Tuesday, 22 July 2008

D3. INSTRUMENT OF DELEGATIONS BY THE COUNCIL OR CHIEF EXECUTIVE OFFICER

(continued) Officer Recommendation 1. Delegation from Council to designated Members of Council Staff.

In the exercise of the powers conferred by section 98(1) of the Local

Government Act 1989 (“the Act”) resolves that: (a) There be delegated to the members of Council staff holding, acting in or

performing the duties of the offices or positions referred to in the attached

Instrument of Delegation to Members of Council staff, the powers, duties

and functions set out in that instrument, subject to the conditions and limitations designated in the Instrument.

(b) The instrument comes into force immediately upon the common seal of

Council is affixed to the instrument. (c) On the coming into force of the instrument all previous delegations to

members of Council staff (other than the Chief Executive Officer) are revoked.

(d) The duties and functions set out in the instrument 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.

2. Sub Delegation by the Chief Executive Officer to Members of Council staff

That Council note that the Instrument of Delegation from the Chief Executive Officer to designated members of Council Staff dated 22 July 2008 has been amended and will come into force upon signing by the Chief Executive Officer.

3. Instrument of Appointment and Authorisation to Members of Council staff

That the “Instrument of Appointment and Authorisation” for the following officers dated 22 July 2008 be signed and sealed by Council:

• Greg Andrews, Senior Environmental Health Officer

• Bree Porter, Environmental Health Officer

• Anthony Augunas, Senior Statutory Planner

• Christopher Hodgetts, Statutory Planner

• Murray Herron, Strategic Planner

• Terry Uniacke, Local Laws Coordinator

• Peter Sullivan, Local Laws Officer

• David Bothe, Local Laws Officer

• James Trahair, Local Laws Officer

• Wayne Wilkie, Municipal Building Surveyor

Crs. Stephens and McIntyre That the recommendation be adopted. CARRIED

Page 18: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 18 Tuesday, 22 July 2008

D4. PROPOSED NAMING OF DARTMOOR TRUCK BYPASS ROAD, DARTMOOR AND NAMING OF UNNAMED ROAD OFF MURPHYS ROAD PORTLAND

(DWS: 681132)

To be presented by: Trevor Hornby, Corporate Services Manager

Responsible Officer: Lynne McMahon, Rate Unit Supervisor

Author: Lynne McMahon, Rate Unit Supervisor

Executive Summary

The purpose of this Report is to inform Council that a consultation process has been

completed to name:

(a) The recently constructed Dartmoor truck bypass road at Dartmoor,

(b) The unnamed road off Murphy’s Road at Portland,

and to recommend the adoption of the two recommendations listed below.

Legislative power

Item 5 of Schedule 10 in the Local Government Act 1989 states that:

(1) A Council may –

(a) approve, assign or change the name of a road; and

(b) erect signs on a road; and

(c) approve, assign and change the number of a road and any premises

next to a road;

and

(d) require people to number their premises and to renew those numbers.

(2) The Council, in exercising a power under paragraph (a) of sub clause (1) must

act in accordance with the guidelines in force for the time being under the

Geographic Place Names Act 1998 and must advise the Registrar under that

Act of the action it has taken under that paragraph.

Report

(a) Dartmoor Truck Bypass Road

Since the construction of the new Dartmoor truck bypass road there has been

no official name for that road. The section of road is north of Greenham Street

to the North Dartmoor Road, Dartmoor.

Advertisements were placed in the Mount Gambier Border Watch, Hamilton

Spectator, Portland Observer and Dartmoor General Store during the two

week consultation period. Letters of intention were also sent to emergency

and utility services, inviting them to comment and submit their comments on

the naming of the unnamed road.

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ORDINARY COUNCIL MEETING 19 Tuesday, 22 July 2008

D4. PROPOSED NAMING OF DARTMOOR TRUCK BYPASS ROAD, DARTMOOR AND NAMING OF UNNAMED ROAD OFF MURPHYS ROAD PORTLAND

Report

(continued)

(b) Unnamed Road off Murphy’s road Portland

Mr Graeme Dawson the subdivider of a newly constructed subdivision off

Murphy’s Road Portland has requested for the private street (common

property) to be officially named “Westport’ Lane”. The name “Westport” is

derived from the name of the subdivision “Westport Heights”.

Council invited adjoining property owners, the public, various organisations,

emergency services and utility services to provide comment on the two proposals or

to submit their preferred option for the following road name:

(a) Dartmoor Truck Bypass Road Dartmoor

(i) Radiata Road (Pinus Radiata is the botanical name for pine trees).

(ii) Dartmoor Ring Road

(iii) Dartmoor Bypass Road (iv) Any other road name suggested in submissions received and that comply

with the State Government Guidelines for naming roads

(b) Unnamed road off Murphys Road Portland

(i) Westport Lane

(ii) Any other road name suggested in submissions received and that comply

with the State Government Guidelines for naming roads.

Submissions for both proposals closed at 5.00pm on 13 June 2008.

Appendix A contains the following information:

• Name of the Submitters making the submissions.

• Number of submissions received and their response.

Page 20: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 20 Tuesday, 22 July 2008

D4. PROPOSED NAMING OF DARTMOOR TRUCK BYPASS ROAD, DARTMOOR AND NAMING OF UNNAMED ROAD OFF MURPHYS ROAD PORTLAND

Report

(continued)

Appendix A

(a) Dartmoor Truck Bypass Road, Dartmoor

Submitter Address1 Suggested Road Name Dataworks No.

L Nattress 13 Wanwin St

Dartmoor

(1)Wanwin North Road.

(2) Dudd Road.

670148

Dartmoor Progress

Association

PO Box 23

Dartmoor

Mill Loop Road. 670041

Julie Winterfield

G & R Group

PO Box 1122

Mount

Gambier

Dartmoor Bypass Road. 670373

Victoria Police

Business Service

Support Centre

214 Koroit St

Warrnambool

3280

No objections to

suggested names in

letter.

670123

David Spencer PO Box 58 Dowling Bypass Road. 678876

The suggested road names are similar to other road names in the area and the

suggested names may cause confusion. The Guidelines published by the Registrar

of Geographic Names for Victoria recommend that when considering the

submissions that road names do not conflict with or are not similar to other road

names in the area or in the Municipality. Also, road names should not be those of

either living or decreased persons and names should not be derogatory or offensive

on the grounds of race, ethnicity, religion or gender.

(b) Unnamed Road off Murphys Road Portland

Submitter Address1 Suggested Road Name Dataworks No.

Victoria Police

Business Service

Support Center

214 Koroit St

Warrnambool

3280

No objections to

suggested names in

letter

669668

G & M Dawson 56 Murphys

Rd Portland

Westport Lane 67174

No submissions were received opposing this proposal.

Page 21: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 21 Tuesday, 22 July 2008

D4. PROPOSED NAMING OF DARTMOOR TRUCK BYPASS ROAD, DARTMOOR AND NAMING OF UNNAMED ROAD OFF MURPHYS ROAD PORTLAND

Report

(continued)

Officer Recommendation:

That Council: 1. Name the recently constructed Dartmoor Truck Bypass Road as “Radiata

Road”. 2. Name the unnamed road off Murphys Road, Portland as “Westport Lane”. 3. That all property owners, emergency and utility services be advised of the

outcome and all organisations that have made submissions be thanked for their contribution.

Crs. Halliday and Stephens That the recommendation be adopted. CARRIED

Page 22: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 22 Tuesday, 22 July 2008

ANY OTHER PROCEDURAL MATTER:

Nil.

ANY OTHER BUSINESS:

Acting Mayor, Cr. Wilson highlighted the following:

1. Report on the Admella 150Th Anniversary festival.

Members of the Portland advisory committee recently visited Admella relevant sites

in South Australia.

2. Portland Lifeboat and plaque.

Council has recently conducted cleaning of the Portland Lifeboat with the lifeboat

arriving in Portland 150 years ago this September. The plaque to signify the lifeboat

has also been restored and is now displayed at the Portland Maritime Discovery

Centre.

3. Announcement from the State Government.

Over the past week, Council received the news that the Victorian Government and

the Commonwealth’s Australian Rail Track Corporation (ARTC) have negotiated a

long term lease agreement for the ARTC to manage the Portland to Maroona rail

line until 2059. 4. Regional Arts Development Officer network.

Council continues to receive support from the State regarding the Regional Arts

Development Officer network, which has just completed its first year.

5. Portland Child and Family Complex.

Council’s application for funding for the Portland Child and Family Complex has

been signed off by the Federal Government.

6. Casterton – Dartmoor Road Funding.

Council has received funding for the widening of the Casterton – Dartmoor Road.

7. Planning Permit – Aldi.

Council has received the planning permit application from Aldi for its development

in the Portland CBD.

Page 23: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 23 Tuesday, 22 July 2008

RECEIPT OF ITEMS SUBMITTED FOR INFORMATION:

INDEX – FOR INFORMATION ITEMS & ATTACHMENTS TO REPORTS

‘IN CAMERA’ Separate Circulation to Councillors and Managers

E1. Notice of Intention to Sell Council Owned Land – Rear of 57 Percy Street,

Portland

E3. Receipt of the Audit Committee Minutes – 20 June 2008

Separate Circulation to Councillors and Managers

D1. Recreation and Open Space Strategy – Progress Report

D2. Draft Positive Ageing Strategy

D3. Instrument of Delegations by the Council or Chief Executive Officer

1. Councillors Monthly Meeting Schedule June 2008 Page No.

(A report on meetings and events attended by the Mayor 1-4

and Councillors for the month of June 2008).

Council welcomes publication of the details by the media.

Recommendation

That Items numbered 1 on pages 1 to 4 and the documents separately circulated to Councillors and Managers, as listed above, be received.

Crs. Zeigler and Halliday That the recommendation be adopted. CARRIED

Page 24: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 24 Tuesday, 22 July 2008

CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC:

Crs. Halliday and Stephens That the Council Meeting be closed to members of the public at 7.27pm pursuant to Section 89 of the Local Government Act 1989, to enable consideration of the following reports: E1. Notice Of Intention To Sell Council Owned Land – Rear of 57 Percy Street,

Portland - Contractual Matters – Section 89 (2) (c ) of the Local Government

Act and Proposed Development – Section 89 (2) (e) of the Local Government

Act 1989. E2. Contract No. 200710 – Provision of Management Services at Centenary

Caravan Park, Portland - Contractual Matters – Section 89 (2) (c) of the Local

Government Act 1989.

E3. Receipt of the Audit Committee Minutes – 20 June 2008 - any other matter

which the Council considers would prejudice the Council or any person -

Section 89 (2)(h) of the Local Government Act 1989.

E4. Contract No C200611- Valuation Services – Exercise of Option – 2010 Valuation

- Contractual Matters – Section 89 (2) (d) of the Local Government Act 1989. E5. Outcome of Ministerial Call-Ins for Subdivision Proposals near Incitec Pivot Site

and Response to the Minister for Planning - Any other matter which the Council

or Special Committee considers would prejudice the Council or any person –

Section 89 (2) (h) of the Local Government Act 1989.

E6. Requests for Leave of Absence - Security of Councillor’s property – Any other

matter which the Council considers would prejudice the Council or any person-

Section 89 (2) (h) of the Local Government Act 1989. CARRIED

E. “IN CAMERA” REPORTS:

Page 25: Ordinary Council Meeting Minutes 22 July 2008 PUBLIC · Glenelg Shire Council Minutes of the Ordinary Meeting of Council held on Tuesday, 22 July 2008, at 7.00pm Portland Office –

ORDINARY COUNCIL MEETING 25 Tuesday, 22 July 2008

THERE BEING NO FURTHER BUSINESS, THE ACTING MAYOR DECLARED THE MEETING

CLOSED AT 7.27 PM.

I HEREBY CERTIFY THAT PAGES 1 TO 25 ARE CONFIRMED AND ARE A TRUE AND CORRECT RECORD.

CR. GILBERT WILSON

ACTING MAYOR

MUNICIPAL OFFICES

PORTLAND

26 August 2008