ordinary council meeting minutes 27 january 2009 public · glenelg shire council minutes of the...

Glenelg Shire Council

Minutes of the Ordinary Meeting of Council held on

Tuesday, 27 January 2009, at 7.00pm

Portland Office – Council Chamber

Cliff Street, Portland

ORDINARY COUNCIL MEETING 2 Tuesday, 27 January 2009

Contents Page

Introduction:

Attendees, Opening Prayer, Apologies, Confirmation of Minutes: 4

Declarations of Interest & Conflict of Interest: 4-5

Question Time:

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

taken on notice: 6

II. Questions from the Gallery: 6-7

1. Wade Street Cliff Slip 6

2. Draft Youth Strategy 6

3. Port of Portland Woodchip Loading Facility 6

4. Rescue Helicopter 7

A. Notices of Motion: 7

B. Deputations: 7

C. Petitions: 7-8

C1. Planting of Blue Gums close to Digby Township 7-8

D. Management Reports:

D1. Finance Report – 31 December 2008 9-11

D2. Strathdownie Drainage Area – Proposed Special Charge 2008/2009 12-13

D3. Request by Portland Cable Trams to waive the Planning Permit fee to

relocate Wade Street shunt 14-15

D4. Instrument of Appointment and Authorisation – Prosecutions Officer Mr.

Grant Cook and Local Laws Coordinator, Mr. Dave De Bono 16-17

D5. Right of Way Discontinuance Policy 19-20

D6. Discontinuance and Transfer of a Carriageway Easement (Right of

Way) 14 to 16 Percy Street, Portland – Brian and Christina Williamson 21-24

D7. Review of Mayoral and Councillor Allowances 25-28

D8. Minor Recreation Grants Fund 2008/2009 Round Two 29-30

D9. Multipurpose Indoor Recreation Facility Feasibility Study – Project

Steering Committee 31-32

D10. Dartmoor Bowling Club Project 33-34

D11. Community Plans 35-36

D12. Municipal Fire Prevention Plan 37-39

D13. Federal Government White Paper on Carbon Pollution Reduction

Scheme 40-43

D14. Road Management Plan – Review and Update 44-46

Any Other Procedural Matter: 47


Contents Page

Any Other Business: 47

1. Drought Taskforce Meeting – Cr. Northcott 47

2. Support Local Business – Cr. Cross 47

3. Visitor Information Centre and Portland Bay Holiday Park – Cr. Stephens 47

Receipt of Items Submitted for Information 47-48

Closure of Meeting to Members of the Public: 48

E. “In Camera” Reports: 49-80

E1. Contract No. 200816 – Portland Drill Hall Restoration 49-57

E2. Contract No. CT200819 – Provision of Waste Transport Services 58-72

E3. Request for Leave of Absence 73

E4. Request for Planning and Environment Act 1987 Section 20 (4) –

Amendment to the Glenelg Planning Scheme 74-80


TIME:

7.00 pm

PRESENT:

Mayor, Cr. Geoff White, Cr. Gilbert Wilson, Cr. Karen Stephens, Cr. Robert Halliday, Cr. Bruce Cross and Cr. John Northcott. Also in attendance were the Chief Executive Officer (Mr. Stuart Burdack), Group Manager Corporate Services (Mr. Trevor Hornby), Group Manager Assets and Infrastructure (Mr. Lindsay Merritt), Group Manager Planning and Economic Development (Mr. Syd Deam), Acting Group Manager Community Development (Ms. Samantha Sharp) and Corporate Support Officer (Miss. Katharine Purton).

OPENING PRAYER:

The Mayor opened the Meeting with the Council Prayer.

RECEIPT OF APOLOGIES:

Cr. Ken Saunders

CONFIRMATION OF MINUTES:

Crs. Wilson and Stephens That the minutes of the Ordinary Council Meeting held on 16 December 2008, as circulated, be confirmed. CARRIED

DECLARATIONS OF INTEREST & CONFLICT OF INTEREST:

Cr. Wilson declared a direct conflict of interest in item D13. Federal Government

White Paper on Carbon Pollution Reduction Scheme as he is an employee of Keppel

Prince Engineering.

Cr. White declared an indirect interest in Item D6. Discontinuance and Transfer of a

Carriageway Easement (Right of Way) 14 to 16 Percy Street, Portland – Brian and

Christina Williamson as he has a superannuation fund that is a joint venture partner

with a company associated with the persons name therein in another municipality.

Cr. Cross declared an indirect interest in Item D8. Minor Recreation Grants Fund

2008/2009 Round Two as his wife is an employee with one of the organisations listed.

.


CONFLICT OF INTEREST

‘The Local Government Act contains mandatory requirements for both direct

and indirect conflict of interest. The objective of the provisions is to enhance

good governance in Victorian local government and to improve public

confidence in the probity of decision making at Victoria’s 79 Councils.

Councillors are responsible for ensuing that they comply with the relevant

provisions contained in Part 4 – Division 1A of the Act.

An online copy of the Local Government Act is available at

www.localgovernment.vic.gov.au select – legislation. Alternatively, a printed

copy is available for Councillors upon request’.


QUESTION TIME:

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

PREVIOUSLY TAKEN ON NOTICE:

II. QUESTIONS FROM THE GALLERY:

1. Wade Street Cliff slip

Mr. Des Hein of Kerrs Road, Portland asked the following question:

Has the Council had a report on the Wade Street Cliff slip that was due in

December 2008.

Chief Executive Officer, Mr. Stuart Burdack advised Council has received a number

of preliminary reports during the past 8 or 9 months. Council is waiting for the

Department of Sustainability and Environment’s geotechnical consultants to provide

a report that will deliver an action plan. This report was due by 31 December 2008.

Unfortunately we have not had any advice back from the Department of

Sustainability and Environment that the report is available at this stage and Council is

seeking further advice which will enable Council to undertake a remedial action

plan to rectify the problem.

2. Draft Youth Strategy

The Portland Observer asked the following question:

How many responses, if any, has the Council received in relation to the Draft

Youth Strategy that was opened for discussion last year and what are the

quality of responses like?

Chief Executive Officer, Mr. Stuart Burdack advised at this stage Council has not had

any responses. Whilst there has been a broad range of input from young people

and organisations working with young people into the draft strategy, Council would

welcome further comment prior to the closure of the exhibition period on 13

February 2009.

3. Port of Portland Woodchip loading facility


Is the Council in a position to be able to provide financial support to the Port of

Portland for its woodchip loading facility following an announcement today of

its need for financial backers to increase woodchip shipments into the future?

Chief Executive Officer, Mr. Stuart Burdack advised it is not appropriate for Council

to provide financial backing for private company infrastructure development.

Council has worked closely with the Port and the State Government to gain the

necessary planning scheme amendments to expand its woodchip facilities. We are

also working with the Port, the timber industry and the South Australian and Victorian

Governments to develop the Green Triangle Freight Action Plan and we will

continue to support and work with the Port of Portland, where appropriate, to

develop markets and expand the economic benefit that the Port provides to our

region and the State of Victoria.


QUESTION TIME: (continued) II. QUESTIONS FROM THE GALLERY:

(continued) 4. Rescue Helicopter


Has Council made any more progress on a location for the rescue helicopter to

land in the Portland area, with the helicopter expected to be operation by mid

year?

Chief Executive Officer, Mr. Stuart Burdack advised Council is yet to receive any

planning permit applications. Our understanding is that the rescue helicopter does

not need permits to land and exercise its emergency response activities. We will of

course cooperate with all agencies to assist any emergency helicopter landing,

regardless of where this might be.

A. NOTICES OF MOTION:

Nil

B. DEPUTATIONS:

Nil

C. PETITIONS:

C1. PETITION – PLANTING OF BLUE GUMS CLOSE TO DIGBY TOWNSHIP (Separate circulation to Councillors, Group Managers and Media)

(DWS: 733575)

Group Manager: Sydney Deam, Planning & Economic Development

Author: Sydney Deam, Planning & Economic Development

Executive Summary

A petition signed by 43 people, has been lodged with Council, who believe that the

Shire should consider their concern regarding planting of Blue Gums so close to the

township of Digby when finalising the Strategic Futures Plan for the Shire. A copy of

the petition has been separately circulated.

Local Law No. 1 – Meeting Procedures provides that “a petition or joint letter

presented to Council must lay on the table until the next Ordinary Meeting of the

Council and no matter other than to receive the petition or joint letter may be

accepted by the Chairperson unless the Council agrees to deal with it earlier”. Council Officers have considered the petition and it has been referred to Scott

Taylor to take into account during the Planning Scheme Review being undertaken

as part of the Glenelg Strategic Futures Plan.


C. PETITIONS:

(continued)

C1. PETITION – PLANTING OF BLUE GUMS CLOSE TO DIGBY TOWNSHIP (continued)

Issues that may need to be addressed from a land use planning perspective relate

to the current zoning in the Glenelg Planning Scheme, fire control and aesthetics. In

addition, the social consequences from the replacement of traditional farms with

timber plantations and subsequent changes in employment patterns may be

another consideration to be factored into the assessment of the petition.

Officer Recommendation 1. That the Council consider the petition at this Council Meeting in accordance

with clause 7.55 of the Council’s Meeting Procedure made under the Governance Local Law 2006.

2. That Council advises the petition organisers that the issue raised by the

petitioners will be dealt with during the planning Scheme Review being undertaken as part of the Glenelg Strategic Futures Plan.

Crs. Northcott and Stephens That the recommendation be adopted. CARRIED. D. MANAGEMENT REPORTS:


D1. FINANCE REPORT – 31 DECEMBER 2008 (Separate Circulation to Councillors and Group Managers)

Group Manager: Trevor Hornby, Group Manager Corporate Services

Author: Linda MacRae, Acting Finance Manager

Executive Summary

The Finance Report for December 2008 has been prepared and has been

separately circulated to Councillors and Group Managers with this Council Agenda.

This Report includes:

• Income ( Operating) Statement – by Type

• Balance Sheet

• Cash Flow Statement

• Capital Works Statement

• Supplementary Reports:

• Capital Works Report

• Rate Revenue Report 2008/2009

• Private Works

Background

The Local Government (Finance and Reporting) Regulations 2004 requires that a

statement comparing the budgeted results with the actual revenue and

expenditure for the financial year to date must be presented to Council every three

months.

However, monthly financial reports are provided to enable Council to monitor

financial performance on a more frequent basis than required by the Regulations.

Issues

The Finance reports provide a high level of financial reporting outlining:

• Adopted Budget 2008/2009.

• Year-to-Date (YTD) Actual 2008/2009.

• Year-to-Date (YTD) Committed 2008/2009. This is a new addition to the finance report

which comprises YTD actuals plus expenditure relating to goods or services that have

been ordered (committed) but not yet received or paid.

• Forecast budget 2008/2009. This includes the 2007/08 brought forward projects as listed in the September 2008 Finance Report.

The following comments on the Operating Statement are provided relating to the

YTD Committed income and expenditure for the six month period to the end of

December 2008.


D1. FINANCE REPORT – 31 DECEMBER 2008

(continued) Issues

(continued)

Income:

• Rate Revenue – YTD high as the total comprises annual rates raised; some

further supplementary rates to be raised prior to June. • User fees and Charges – YTD high as the total includes full year garbage

charges raised. • Operating Grants and Subsidies – YTD high primarily due to additional Grants

Commission funds received. • Investment Income – YTD high resulting from higher than anticipated funds

available for investment and higher interest rates during the first quarter of the

financial year. • Other Income – YTD low primarily due to the timing of Vic Roads and Private

Works income, which traditionally is received during the second half of the

financial year.

Expenditure:

• Employee Expenses – YTD on target. • Contract Expenses – YTD high primarily due to ‘one off’ large annual contract

payments, such as I T licences and valuation costs, made during the first half of

the financial year. Some cyclical maintenance costs, particularly in parks and

gardens and roadworks in the engineering operations area also impact on this

YTD expenditure. • Material Expenses – YTD on target • Finance Fees and interest – YTD high due to timing of loan interest paid • Other Expenses – YTD high primarily due to ‘one off’ large annual payments,

such as insurance premiums; vehicle registrations and audit fees • Depreciation and Amortisation – YTD on target • Internal Cost Allocations Capitalised – YTD low as Capital Works undertaken by

Council Staff increase during the second half of the financial year which

increases this costing allocation.

Capital Revenue and Related Costs:

• Capital Grants and Subsidies – YTD low due to Government Grants not

received for the Portland and Children’s Family Complex and Roads to

Recovery program. • Cash Contributions – YTD low as special charge scheme income not raised. • Net gain (loss) on Disposal of Assets. YTD indicates a profit. This relates to

vehicle trade-ins. The budget is based on a net loss as the ‘carrying amount’ of

the assets budgeted to be sold is higher than the projected sale proceeds.

Adjustments for any asset sales are taken up as part of the end of financial year

process.


D1. FINANCE REPORT – 31 DECEMBER 2008

(continued)

Issues

(continued) The year to date trends reported above are considered reasonable and/or to be

expected for this stage of the financial year.

Council Officers are currently undertaking a major review of the 2008/2009

Operating Budget and Capital Budget. The review focuses on identifying budget

‘savings’ (such as reduced expenditure or additional income) or budget ‘shortfalls’

such as over expenditures or reduced income. Based on this review a revised

budget forecast for the 2008/2009 financial year will be presented to Council in

February 2009.

Councillors are invited to contact the Acting Finance Manager (Linda MacRae) if

further information is required.

Officer Recommendation 1. That the Finance Report for December 2008 be received. 2. That the Supplementary Reports provided for December 2008 be received. Crs. Northcott and Halliday That the recommendation be adopted. CARRIED


D2. STRATHDOWNIE DRAINAGE AREA – PROPOSED SPECIAL CHARGE 2008/2009 (Separate circulation to Councillors and Managers)

(DWS: 755520 & 755485)

Responsible Officer: Linda MacRae, Acting Finance Manager

Author: Toni Uphill, Graduate Accountant

Executive Summary

On 13 November 2008, a meeting of the Strathdownie Drainage Area Advisory

Committee proposed to have a zero percentage (0%) increase to the previous

overall annual charges for the Strathdownie Drainage Area for the 2008/2009

financial year. The purpose of this report is to obtain Council approval to advertise

notice of its intention to set a special charge.

Background

The Strathdownie Drainage Area Advisory Committee was established by the

Council on 14 May 1996. The Strathdownie Drainage Area Advisory Committee is

responsible for setting annual drainage charges and providing advice to Council on

when and where maintenance of drainage assets are required.

At the time of municipal restructure the Strathdownie Drainage Trust assets and

liabilities were consolidated with the Glenelg Shire Council. At the end of the 1996/97

financial year an amount of $317,729 relating to borrowings raised by the former

Strathdownie Drainage Trust was written off by the Victorian State Government.

Issues

A meeting of the Strathdownie Drainage Area Advisory Committee was held on

Thursday, 13 November 2008 to consider the setting of a special charge for the

2008/2009 financial year and to discuss drainage maintenance requirements.

The Advisory Committee agreed to set a special charge for the 2008/2009 year to

cover maintenance and emergency works and other operational costs, as

requested.

The proposed special charge will raise $15,427.60 and represents no overall increase

from 2007/2008 charges raised.

Under Sections 163(1A) and 223 of the Local Government Act 1989, Council must

give notice of its intention to declare a special charge. Under this arrangement

Strathdownie Drainage Area ratepayers have the opportunity to make a submission

in relation to the proposed charge.

Budget Implications

The proposed Strathdownie Drainage Special Charge which is included in the

2008/09 budget was based on the basis of no increase or decrease, consequently

there are no budget implications in this proposal.


D2. STRATHDOWNIE DRAINAGE AREA – PROPOSED SPECIAL CHARGE 2008/2009 (Continued)

Conclusion

It is recommended that the council approve the advertising of the intention to set a

special charge for the properties located in the constituted Strathdownie Drainage

Area.

Officer Recommendation That Council give Notice of its intention to consider the following motion at the Ordinary Meeting of Council to be held on Tuesday, 24 March 2009. (i) That a special charge be declared for the properties located in the

constituted Strathdownie Drainage Area for the 2008/2009 financial year. (ii) That the special charge be declared for defraying any expenses incurred in

relation to the operation, maintenance, improvement, and administration of the Strathdownie Drainage Area which Council considers is of special benefit to those persons required to pay the Special Charge.

(iii) That the total estimated revenue in 2008/2009 from the Special Charge be

$15,427.60. (iv) That the Chief Executive Officer be authorised to give public notice of this

declaration in accordance with Sections 163(1A) and 223 of the Local Government Act 1989.

(v) That Council shall consider any submissions made in accordance with

Section 223 of the Local Government Act 1989. (vi) That the Special Charge be due and payable by 30 April 2009. (vii) That the rate of eleven per cent (11%) be specified as the rate of interest set

by Council for the purposes of Section 172(2) of the Local Government Act 1989 and further, that this rate be effective and so set until a new rate of interest is set in accordance with Section 172(2) of the Local Government Act 1989.

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


D3. REQUEST BY PORTLAND CABLE TRAMS TO WAIVE THE PLANNING PERMIT FEE TO RELOCATE WADE STREET SHUNT (DWS: 738814, 740737)

Group Manager: Sydney Deam, Planning & Economic Development

Author: Sydney Deam, Planning & Economic Development

Executive Summary

The report seeks Council direction regarding the waiving of the planning permit fee

for the relocation of the Wade Street shunt. Background

Following the landslip at the end of Wade Street in 2008, the Department of

Sustainability and Environment (DSE) require the Portland Cable Trams to relocate

the tram shunt area in Wade Street. The total cost of the project is $96,024.

The track infrastructure is owned and is an asset of the Glenelg Shire Council. During

a meeting held on Tuesday 28 October 2008 between Portland Cable Trams, DSE

and Glenelg Shire Council. In the interests of transparency and fairness, the

planning permit fee will need to be paid, but that Council will support the project

shortfall through Assets and Infrastructure funding to enable it to proceed. Council

has advised that they will contribute $5,586 towards the project which includes the

$586.00 planning fee.

The Portland Cable Trams advised DSE that they could raise $5,000 towards the

project, however following further discussion have agreed to contribute $6,000

towards the project.

DSE will contribute $50,000 and Regional Development Victoria will fund the shortfall

of approximately $35,000.

Issues

Council is already contributing $5,586 through Assets and Infrastructure towards the

project. Council also, through the Tourism budget, pays the annual Insurance

Premium of $11,000.

The request to waive the fee of $586.00 will according to the Portland Cable Trams

greatly assist them towards the additional contribution of $1,000.

Whilst it is acknowledged an additional contribution of $586.00 would be beneficial

to the Portland Cable Trams, nevertheless there is considerable planning assessment

and administrative costs incurred by Council in the processing of this application.

Budget Implications

As stated above there is already considerable assistance given to the Portland

Cable trams over and above other Not for Profit organizations and it is not

considered appropriate to extend the grant any further.


D3. REQUEST BY PORTLAND CABLE TRAMS TO WAIVE THE PLANNING PERMIT FEE TO RELOCATE WADE STREET SHUNT (continued)

Conclusion

Given the above comments it is the recommendation to reject this request under

delegation Planning & Environment (Fees) Regulations 2000 r.13(1) and advise the

Portland Cable Trams of this decision.

Officer Recommendation

1. That in order to maintain fee and pricing transparency and fairness that

Council reject this request under delegation Planning & Environment (Fees)

Regulations 2000 r.13 (1) and the Group Manager, Planning & Economic

Development advise the Portland Cable Trams of this decision.

2. That Portland Cable trams Inc has been advised through Assets and

Infrastructure that Council will provide a contribution of $5,586.00 to make up

the shortfall of $586.00 (planning fee) for this project to proceed. MOTION Crs. Wilson and Halliday 1. That in order to maintain fee and pricing transparency and fairness that Council reject this request under delegation Planning & Environment (Fees) Regulations 2000 r.13 (1) and the Group Manager, Planning & Economic Development advise the Portland Cable Trams of this decision. 2. Council note that Portland Cable trams Inc has been advised through Assets and Infrastructure that Council will provide a contribution of $5,586.00 to make up the shortfall of $586.00 (planning fee) for this project to proceed CARRIED.


D4. INSTRUMENT OF APPOINTMENT AND AUTHORISATION – PROSECUTIONS OFFICER, MR. GRANT COOK AND LOCAL LAWS COORDINATOR, MR. DAVID DE BONO (Separate circulation to Councillors and Group Managers)

(DWS: 755457)


Author: Katharine Purton, Corporate Support Officer

Executive Summary

The purpose of this report is to obtain Council approval to sign and seal Instruments

of Appointment and Authorisation for the recently appointed Local Laws

Coordinator and Prosecutions Officer.

Background

Mr. David De Bono has been appointed as the Local Laws Coordinator due to the

forthcoming retirement of Mr. Terry Uniacke. Mr Grant Cook has been appointed as

a Prosecutions Officer following the resignation of Mr. Liam Gardiner. The

Prosecutions Officer is a casual position.

The issuing of ‘Instruments of Appointment and Authorisation’ is a requirement under

the Local Government Act 1989. Specified staff must be able to produce the

‘Instrument’ if requested to do so whilst they are undertaking their duties or when

representing Council in court.

A copy of the Instrument of Appointment and Authorisation for the Prosecutions

Officer and Local Laws Officer is separately circulation with this report.

Issues

Nil.

Budget Implications Nil.

Conclusion

It is recommended that Council sign and seal the “Instrument of Appointment and

Authorisation for Mr. David De Bono and Mr. Grant Cook.


D4. INSTRUMENT OF APPOINTMENT AND AUTHORISATION – PROSECUTIONS OFFICER, MR. GRANT COOK AND LOCAL LAWS COORDINATOR, MR. DAVID DE BONO (continued) Officer Recommendation (1) That the ’Instrument of Appointment and Authorisation’ for Mr. Grant Cook,

Prosecutions Officer dated 27 January 2009 be signed and sealed by Council. (2) That the ‘Instrument of Appointment and Authorisation’ for Mr. David De Bono,

Local Laws Coordinator, dated 27 January 2009 be signed and sealed by Council.

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


D5. RIGHT OF WAY DISCONTINUANCE POLICY (Separate circulation to Councillors, Group Managers and Media)

(DWS: 751089)


Author: Trevor Hornby, Group Manager Corporate Services

Executive Summary

The purpose of this report is present the Right of Way Discontinuance Policy to

Council for adoption. Background

To enable Council to consider applications by ratepayers or residents to discontinue

rights of way in a consistent policy context, a draft policy document has been

prepared.

The policy contains relevant information including the policy objectives.

During the preparation of the draft policy advice was received from one of

Council’s legal advisers Hunter Newns Group and the Local Government Victoria

(LGV) section of the Department of Planning and Community Development. Policy

models from other municipalities were also researched.

The Policy is focused on providing a policy framework that enables Council to

consider right of way applications consistently, fairly, transparently, efficiently and

responsibly in the best interests of the Council and its ratepayers and without cost to

Council.

Statutory requirements

The Policy includes references to the relevant sections and schedules contained in

the Local Government Act 1989.

Policy context

The development of this policy contributes to Council’s corporate governance

objective and is part of the ongoing program to have a comprehensive range of

best practice corporate services policies, procedures and guidelines.

Issues

(a). Options identified.

Options available to Council are to either adopt the policy (with or without

modification) or to have an ad hoc approach to each application. It is

recommended that a policy approach be adopted to ensure consistency and

transparency when considering all applications for the discontinuance of a

right of way.


D5. RIGHT OF WAY DISCONTINUANCE POLICY (continued)

Issues

(continued)

(b). Resource implications.

As applications to discontinue rights of ways are infrequent there are no

perceived major workload or staff resource implications.

(c). Risk Management.

Risk management requirements have been considered during the

development of the policy and the processes contained in the policy are

designed to minimise potential risks including statutory compliance.

(d). Consultation process.

The policy contains the internal and external consultation processes that will be

undertaken when applications are being considered.

(e). Relationships to other policies at the local level.

The policy provides a linkage to a diverse range of Council strategies, plans

and policies (refer Clause 3.1.1 of the Policy). The linkages will be considered

during the assessment of applications.

Budget Implications

As right of way closures are infrequent there are no major budget implications. The

policy requires applicants to pay all legal and advertising costs plus an

administration fee to cover staff time and other indirect costs. In addition, the

market valuation for the land will be received.

Additional rates may be received if the right of way facilitates further development

on the right of way or the adjoining property or properties.

As right of way discontinuance applications are infrequent, it is not proposed to

budget for the income and expenditure on an annual basis. This will be reviewed

during the preparation of annual Council budgets n the future.

Conclusion

For the reasons stated in this report and the policy it is recommended that Council

adopt the policy.


D5. RIGHT OF WAY DISCONTINUANCE POLICY (continued Officer Recommendation That the Right of Way Discontinuance Policy be adopted by Council. Crs. Cross and Wilson That the recommendation be adopted. CARRIED.


Cr. White declared an indirect interest in Item D6. Discontinuance and Transfer of a

Carriageway Easement (Right of Way) 14 to 16 Percy Street, Portland – Brian and

Christina Williamson as he has a superannuation fund that is a joint venture partner

with a company associated with the persons name therein in another municipality.

Therefore the Mayor advised that he will vacate the Chair and called for

nominations for the position of Temporary Chairperson.

ELECTION OF TEMPORARY CHAIRPERSON

Crs. Stephens and Halliday That Cr. Wilson be nominated as the Temporary Chairperson. There being no further nominations, the Mayor Cr. White declared Cr. Wilson elected as the Temporary Chairperson. CARRIED.

The Mayor vacated the Chair and left the Council Chamber at 7.20pm and Cr.

Wilson assumed the Chair. D6. DISCONTINUANCE AND TRANSFER OF A CARRIAGEWAY EASEMENT (RIGHT OF WAY) 14 TO 16 PERCY STREET, PORTLAND – BRIAN AND CHRISTINA WILLIAMSON



Executive Summary

The purpose of this report is to:

(a). Inform Council that no submissions have been received on an application by

Brian and Christina Williamson for the discontinuance of a private right of way

situated at 14-16 Percy Street, Portland and to transfer the right of way to the

applicant, and

(b). Recommend the discontinuation of the right of way and to transfer the right of

way to the applicant. Background

At the Council Meeting held on Tuesday 25 November 2008, the former Council

considered an application from Mr. Alan Williamson, Lawyer on behalf of Brian and

Christina Williamson. The Council passed the following motion:

‘1. That Council give public notice that a request has been received to

discontinue a private carriageway easement (right of way) situated at 14 to 16

Percy Street Portland and for the land to be sold to the adjacent property

owner for the market valuation plus reimbursement of all direct costs and the

payment of a $500.00 fee.


D6. DISCONTINUANCE AND TRANSFER OF A CARRIAGEWAY EASEMENT (RIGHT OF WAY) 14 TO 16 PERCY STREET, PORTLAND – BRIAN AND CHRISTINA WILLIAMSON (continued)

Background

(continued)

2. That submissions received on the request be considered at the Council

Meeting to be held in January 2009.’

The following extracts are from the Management Report submitted to the November

2008 Council Meeting:

The right-of-way is privately owned and was created to benefit lot 2 on the 21

December 1917, lot 1 on the 27 October 1921 and lot 3 on the 26 March 1926. Based

on Alan Williamson’s advice, the owner, John Kean died intestate. Apparently there

are no known successors for the estate. Therefore, Mr. and Mrs. Williamson cannot

negotiate directly for the acquisition of the right-of-way.

An alternative is for Mr. and Mrs. Williamson to claim title by way of adverse

possession and apply to the Titles Office to bring the land under the operation of the

Transfer of Land Act. This process can be time consuming and costly for the

applicant. Their legal adviser is also concerned that the documentary evidence

required for a thirty year period may not be available.

Therefore, the Applicant’s legal advisor proposed a further alternative legal process

whereby Council utilises its power to discontinue the right-of-way pursuant to the

Local Government Act 1989 and to then transfer the land to the applicant.

The right-of-way is narrow in width (3.05 metres), long in depth (45.11 metres) and has

an area of approximately 138 square metres. It is not large enough for any type of

development or building. The applicant owns the land at the rear of the right-of-

way and also the land on either side of the right-of-way.

No other properties other than the properties owned by the applicant have any

legal right to the right-of-way. The only potential purchaser is the applicant.

To ascertain the potential market valuation of the right-of-way, the following

valuation has been obtained from Western District Valuation Services:

Type of Valuation Valuation

Valuation of Land $1,000

A number of Victorian Councils sell Council or privately owned rights-of-way

(laneways) for either the market valuation or a lesser arbitrary amount. Local

Government Victoria (LGV) is not aware of laneways being transferred at nil cost.’

Issues

(a). Policy context

The application has been considered in accordance with the ‘Right-of-Way

Discontinuance policy’.



Issues

(continued)

(b). Statutory requirements

The relevant sections of the Local Government Act 1989 are referred to in the

Policy.

(c). Consultation

In accordance with the Council resolution passed at the November 2008

Council Meeting, the application was advertised in the Portland Observer on

the 5 December 2008. As required by the Local Government Act 1989 (as

amended), public submissions could be lodged for a period of 28 days from

the date of the advertisement. No enquiries or submissions were received by

the closure date. No late submissions have been received.

Budget Implications

As right of way closures and sales are infrequent, no income or expenditure has

been budgeted for this type of property in 2008/09.

In accordance with the Council policy titled ‘Right of Way Discontinuance Policy’

the applicant will be required to pay the market valuation of $1,000, all associated

direct costs (i.e. advertising and legal costs) and a $500.00 administration fee.

Staff time on this project is an indirect cost and is separately budgeted but is partly

offset by the $500 administrative fee.

Additional rates will be received if the right of way is sold and the proposed

development on the property proceeds.

Conclusion

As the application complies with the Right of Way Discontinuance Policy; the

statutory process has been completed and no submissions received, the Council

can now proceed to discontinue the carriageway easement (right of way) and

transfer the land to the applicant for the market valuation of $1,000 plus the

reimbursement of all direct costs (i.e. legal and advertising) and the payment of the

$500.00 administration.

Although this application relates to a privately owned right-of-way, the Glenelg Shire

and the former City of Portland had broadly similar processes to discontinue and sell

Council owned rights-of-way.

In accordance with similar requests in the past and based on the policy document,

it is recommended that Council assist the applicant by undertaking the

discontinuance process and then sell the land to the applicant.



Officer Recommendation (a). That the right of way described as ‘Township of Portland, Section 2, Crown

Allotment 12 (part). Easement reference A-1, Carriageway on TP917826W be discontinued upon publication of the relevant notice in the Victorian Government Gazette.

(b). That notwithstanding the right of way discontinuance, all utility providers shall

retain any existing easement rights for utility services that exist on the subject land as at the date of this resolution.

(c). That the discontinued right of way be sold to Brian and Christina Williamson for

the market valuation of $1,000 plus the reimbursement of all direct cost (e.g. advertising, legal and valuation costs) and the payment of a $500.00 administration fee.

(d). That Council Officers be authorised to sign all relevant documentation to

facilitate part (a), (b) and (c) of this recommendation. Crs. Halliday and Northcott That the recommendation be adopted. CARRIED. Cr. White returned to the Council Chamber and resumed the position of Chair at

7.22pm


D7. REVIEW OF MAYORAL AND COUNCILLOR ALLOWANCES – 2009/2013 (Separate circulation to Councillors, Group Managers and Media)



Executive Summary

The purpose of this report is to enable Council to undertake the review of Mayoral

and Councillor Allowances that must be undertaken within seven months of the 2008

general election held on the 29 November 2008.

Background

In accordance with the Local Government Act 1989 the previous Council set the

following Mayoral and Councillor Allowances for the four year period 2005 to 2009.

Mayoral Allowance

+ private use of a Council

motor vehicle:

$36,000

Councillor Allowance: $12,000

The previous Council made the decision on the 25 January 2005 following the

completion of the review process including the statutory advertising period.

In April 2008, the Minister for Local Government, the Hon. Richard Wynne MP

launched ‘Recognition and Support, the Victorian Government’s Policy Statement

on Local Government Mayoral and Councillor Allowances and Resources’.

However, the gazettal to give effect to the new allowances was not made in the

Victorian Government Gazette until 27 November 2008.

In summary, the Order increased the Councillor Allowance from $12,000 to $16,125.60

(an increase of 34.38%) and increased the Mayoral Allowance from $36,000 to

$48,376.80 (an increase of 34.38%). The Order described the two increases as

transitional allowances and had immediate effect from the time that the Mayor and

Councillors took their oath of office after the 29 November 2008 general elections

(i.e. Thursday 4 December 2008). The new allowances must be paid until such time as the Council undertakes a review

under Section 74(1) of the Local Government Act 1989.

The Order also requires that a 9% superannuation contribution be paid by Council in

addition to the Mayoral and Councillor Allowances. Further information is being

sought on the payment of superannuation including choice of fund.


D7. REVIEW OF MAYORAL AND COUNCILLOR ALLOWANCES – 2009/2013 (continued) Background

(continued)

As a result of the increase in the Shire’s population and total recurrent revenue, the

Order also reclassified the Glenelg Shire from a Category 1 Council to a Category 2

Council.

Category Councillor Allowances Mayoral Allowances

Category 1 Councils $6,800 to $16,200 Up to $48,400



This revised allowance is only payable following the completion of a Section 74(1)

review under the Local Government Act 1989.

Allowance ranges and the levels subsequently determined by a Council within their

range, will be subject to adjustment by the application of any percentage increase

to Victorian State Government Statutory and Executive Officers.

If a Councillor, including the Mayor, normally resides more than 50 kms by the shortest

possible practicable road distance from the locations specified for the conduct of

ordinary, special or committee meetings of the Council, or any municipal or

community functions which have been authorised by Council resolution for the

Councillor to attend he or she must be paid an additional allowance of $40.00 in

respect of each day on which one or more meetings or authorised functions actually

attended by that Councillor, up to a maximum of $5,000 per annum.

Approved child care and family care costs are also reimbursed.

Section 74(1) requires that within seven months of the 29 November election, all

Councils are required to perform a review involving public consultation under

Section 223 of the Act to determine the allowances that will be payable for the next

four years.

Issues

The State Government has not provided any guidelines for Councils to use in

determining the Mayoral and Councillor allowances within the level ranges. It is

Council’s discretion as what allowances are determined. The proposed allowances

must be advertised and submissions from the public considered. The previous

Council set the then Mayoral and Councillor allowances at the maximum level for

the category one range that applied at the time.


D7. REVIEW OF MAYORAL AND COUNCILLOR ALLOWANCES – 2009/2013 (continued)

Issues

(continued)

During the January 2009 Councillors Workshop, Councillors reviewed information

from recent Discussion Papers from the Municipal Association of Victoria (MAV) and

the Victorian Local Governance Association (VLGA) regarding councillor

responsibilities, workloads and the need to adequately remunerate Councillors. As

part of the informal discussions on this issue, Councillors noted that the criteria used

by the State Government to determine the three categories did not take account

the large geographic area of large Shires such as the Glenelg Shire and the

considerable travelling distances. Councillors also discussed the amount of time

allocated to their duties and the complexity and volume of issues considered by the

Glenelg Shire. Councillors believed that the complexity and volume of issues may

not have any relationship to the size of a Council as measured by population or total

revenue. Councillors also discussed the increased work load resulting from the

reduction in Councillors from 9 to 7 and the removal of Ridings. . Councillors also

discussed the increased expectations and accessibility required by residents and

ratepayers and the increased legal responsibilities that have been placed on

Councillors by changes to the Local Government Act 1989.

The need to attract and retain a range of quality candidates from diverse

backgrounds to stand for local government elections was also an important

consideration for Councillors. Allowances need to be set at a level that encourages

people in paid employment and that operate businesses to stand for Council. If

potential candidates are going to lose money in standing for Council, this may have

a detrimental effect on the diversity and quality of candidates standing for election.

As a result of the informal discussions at the January 2009 Councillors Worksop, it was

agreed that a report be prepared for the January 2009 Council Meeting to enable

Council to determine and give public notice of its intention to set the Mayoral and

Councillor allowances.

Budget Implications

The Council governance section of the 2008/09 Council Budget includes an estimate

of $56,100 for the Mayoral and Acting Mayoral allowance and $128,500 for

Councillor allowances together with an allowance for increased Mayoral and

Councillor allowances. The payment of the maximum mayoral and councillor

allowances from the 1 April 2009 is within the 2008/09 budget.


D7. REVIEW OF MAYORAL AND COUNCILLOR ALLOWANCES – 2009/2013 (continued)

Conclusion

For the reasons outlined in this report and the State Government’s ‘Recognition and

Support, the Victorian Government’s Policy Statement on Local Government

Mayoral and Councillor Allowances and Resources’, it would be appropriate for

Council give public notice of its intention to set mayoral and councillor allowances

at the maximum amount for a category two Council. Due to the new statutory

requirement to give 28 days notice for all submissions under section 223 of the Act,

submissions on the proposed allowances will be considered at the March 2009

Council meeting.

Officer Recommendation 1. That Council give public notice of its intention to determine at the March 2009

Council Meeting the following Mayoral and Councillor allowances for the four year period 1 April 2009 to the 31 March 2013 in accordance with section 74 and 223 of the Local Government Act 1989 (as amended):

(a) Mayoral allowance $62,500 per annum (b) Councillor allowance $20,200 per annum

2. That Council consider public submissions received on the proposed allowances

at the March 2009 Council Meeting. Crs. Stephens and Wilson That the recommendation be adopted. CARRIED.


Cr. Cross declared an indirect interest in Item D8. Minor Recreation Grants Fund

2008/2009 Round Two as his wife is an employee with one of the organisations listed

and left the Council Chamber at 7.29pm.

D8. MINOR RECREATION GRANTS FUND 2008/2009 ROUND TWO Group Manager: Adele Kenneally, Group Manager, Community Development

Author: Angela Solly, Recreation Services Officer

Executive Summary

The purpose of this report is to seek Council approval for the allocation of the Minor

Recreation Grants Fund for 2008/2009 Round Two.

Report

Council provides a Minor Recreation Grants Program with a budget of $15,000 for

distribution through an application process to clubs and organisations on a $ for $

basis, up to a maximum of $5,000. In-kind contributions are also encouraged.

The objectives of the Minor Recreation Projects Fund are:

• To increase sport and recreation participation.

• To contribute to the development of community clubs and associations.

• To enhance the health and fitness of residents.

• To encourage social cohesiveness through increased participation in sport and

recreation pursuits.

• To encourage a planned approach to facility/program development and

management that meets community needs.

Council advertised in the Portland Observer on Friday 24 & 31 October 2008 and in

the Casterton News on Wednesday 22 & 29 October 2008 calling for applications for

funding assistance. Applications closed on Friday 21 November 2008. Application

Forms and Guidelines were also posted on Council’s website.

Council received eleven (11) funding applications requesting $27,690 for projects

valued at $85,617 from Committees of Management and sporting organisations for

funding assistance.

The Recreation Committee, comprising Councillors Wilson, Halliday, Northcott and

Saunders and the Recreation Services Officer and Group Manager, Community

Development assessed the applications against the following criteria for the Minor

Recreation Grants Fund:

1. Participation – 40% 2. Community Benefit – 25% 3. Evidence of need – 25% 4. Financial issues and economic impact – 10%


D8. MINOR RECREATION GRANTS FUND 2008/2009 ROUND TWO (continued)

Report

(continued)

As a consequence, recommendations are made in the following table:

Table No. 1

No Club Project Value Request Recommended

Allocation

1 Portland Boxing Club Boxing equipment 6130 3065 1500

2 Drumborg Hall

Committee

Tennis Ball Machine 4690 2250 2000

3 Friends of the Great

South West Walk

Printer for promotional

material

1300 650 0

4 Portland Yacht Club

Inc

Laser boats 4500 1500 1200

5 Casterton Motor

Enthusiasts Club Inc

Equipment storage

shed

3540 1770 1500

6 Tyrendarra Gun Club

Inc

Replace clay target

trap

13500 5000 3500

7 Portland Baseball

Club Inc

Relocate scorers box 2047 1000 0

8 Portland Surf Life

Saving Club

Surf life saving

equipment

4242 2121 1800

9 Heywood TOWN Club Lockable storage

cabinet

668 334 300

10 Old Courthouse Community Centre

(Casterton)

Building refurbishments 35000 5000 3200

11 Casterton Football

Netball Club

Storage Shed 10000 5000 0

TOTAL $ 85617 $27690 $15,000

Officer Recommendation That Council approve the Minor Recreation Grants Fund 2008/2009 Round Two allocations as detailed in Table No. 1 of this report. Crs. Northcott and Wilson That the recommendation be adopted. CARRIED. Cr. Cross returned to the Council Chamber at 7.31pm.


D9. MULTIPURPOSE INDOOR RECREATION FACILITY FEASIBILITY STUDY - PROJECT STEERING COMMITTEE

Group Manager: Adele Kenneally, Group Manager, Community Development

Author: Angela Solly, Recreation Services Officer

Executive Summary

This report seeks Council endorsement for the nominations for the Multipurpose

Indoor Recreation Facility Feasibility Study Project Steering Committee

Report

Council is undertaking a feasibility study into a Multi purpose Indoor Recreation

Facility with the proposed outcomes as:

A description and analysis of the current indoor recreation facilities in Portland

A description of the current and future needs for indoor recreation in Portland

Consultant, Jason Moran of Insight Leisure Planning has been contracted to

undertake the study.

Council endorsed the Project Plan for the Study and the Terms of Reference for the

project Steering Committee at the Ordinary Council Meeting on 16 December 2008.

The purpose of the Project Steering Committee is to advise the consultant on issues

and opportunities concerning development of a multipurpose indoor recreation

facility in Portland.

The Project Steering Committee is to comprise sporting and recreational groups,

community members, Council Officers (including Community Development,

Planning, Engineering and Asset Management) and two (2) nominated Councillors.

In selecting community members and community sporting and recreational group

representatives, Council will aim to ensure that the Project Steering Committee:

• Includes a variety of perspectives and points of view;

• Enables useful knowledge to be shared; and

• Ensures representation of key local sporting/recreational groups.

The role of the Multipurpose Indoor Recreation Facility Feasibility Study Steering

Committee will be to:

• Monitor progress of the project including compliance with the contract project

brief;

• Provide advice to Consultant Jayson Moran and Council’s Project Manager on:

- The needs and aspirations of sporting and recreational clubs/groups in

Portland that require indoor facilities to function

- Local demand including data regarding membership numbers (past, present

and probable future) and current time spent utilizing facility.

- Possible design and layout suggestions for a new facility if found feasible.


D9. MULTIPURPOSE INDOOR RECREATION FACILITY FEASIBILITY STUDY - PROJECT STEERING COMMITTEE (continued)

Report

(continued)

Advertisements seeking Expressions of Interest from community members and

representatives from stakeholder groups were placed in the Portland Observer on 17

December 2008, and a community meeting was also advertised and held on

Wednesday 14 January 2009 with 18 interested community members. As a

consequence, the following nominations were received:

Name Organisation

Kylie Kane Community Representative

Anita Rank Portland YMCA Executive Officer & Portland Tourism Assoc

Rep

Lynda Smith Community Representative

Helen Bennett Portland Gymnastics Club

Brendan

McMahon

Portland Table Tennis Club

Cheryl Ford Portland Netball Association

Sarah Hicks Portland Basketball Assoc Club

Representatives from Portland schools will also be sought once school returns next

month. From time to time, other community representatives and members may be

co-opted onto the Committee. Nominations from Council include Councillors

Halliday and Wilson.


That Council endorses the above nominations for the Multipurpose Indoor

Recreation Facility Project Steering Committee.

MOTION Crs. Stephens and Cross

1. That Council endorses the above nominations for the Multipurpose Indoor Recreation Facility Project Steering Committee 2. That Cr. Gilbert Wilson and Cr. Robert Halliday be appointed as Council Representatives to the Project Steering Committee. CARRIED.


D10. DARTMOOR BOWLING CLUB PROJECT

Group Manager: Adele Kenneally, Group Manager, Community Development

Author: Dayle King, Recreation and Youth Services Coordinator

Executive Summary

This report seeks Council approval for the contribution of $27,030 from Council funds

for a synthetic playing surface for the Dartmoor Bowling Club. The total project is

estimated to cost $176,230 with the balance of the funds expected to be provided

by the Victorian Department of Planning and Community Development and

donations from club members, local businesses and philanthropic organisations.

Background

The Dartmoor Bowling Club has a membership of 30 whose ages range between 50

and 87 years of age with most of the members being over 65 years of age.

The members wish to change the playing surface from grass to a synthetic surface.

The benefits include reduced volunteer effort, water savings, reduced machine

maintenance costs, compatibility with associated clubs, easier playing conditions for

older participants, and consistent playing surface conditions all year round.

Following the closure of the Dartmoor Timber Mill last year, Council officers have

been working closely with the community to develop projects that will assist the

community to remain resilient, engaged and positive.

Council has submitted a funding application to the Department of Planning and

Community Development seeking a grant of $60,000 which is the maximum, towards

this $176,230 project. The Department has also requested confirmation that the

required local contributions are sufficient to successfully complete the project.

The proposed Project Funding Strategy is as follows:

Department of Planning and Community

Development

$60,000

Club members (pledged donations, fundraising and interest free loans)

$72,000

In kind contributions by club members

$10,200

Philanthropic Organisations

$5,000

Local Businesses

$2,000

Contribution from Council

$27,030

Total

$176,230


D10. DARTMOOR BOWLING CLUB PROJECT (continued)

Background

(continued)

The Club has indicated willingness to negotiate a loan from Council to ensure that

the funding from the Department of Planning and Community Development is

secured, however it should be noted that the committee members from the Club

have pledged $72,000 towards the project, mainly through fund raising efforts,

donations and a few interest free loans. They have also committed an in kind

contribution of $10,200. Council is therefore being requested to provide 15% of the

total project costs. Council will also be expected to undertake the project

management once all the funds have been secured.

This project is eligible for funding from the Council ‘Seek Grant’ Fund Budget. It is

therefore proposed that Council contribute funds of $27,030 from the Seek Grant

Fund to the project and that the Department of Planning and Community

Development are advised of this commitment.


That Council commit funds of $27,030 to the Dartmoor Bowling Club for a synthetic

playing surface from the Seek Grants Funding Program.

MOTION Crs. Wilson and Halliday 1. That Council commit funds of $27,030 to the Dartmoor Bowling Club for a synthetic playing surface from the Seek Grants Funding Program. 2. That Council’s funding contribution of $27,030 is conditional on funding provided to the Project by the State Government and the pledged contributions from the Bowling Club and the community. CARRIED.


D11. COMMUNITY PLANNING UPDATE (DWS: 754535, 754536, 754629, 754630, 754631 - Separate Circulation to Councillors

and Managers)

Group Manager: Adele Kenneally, Group Manager Community Development

Author: Samantha Sharp, Community Development Officer

Executive Summary

Community Plans have been developed for Casterton, Digby, Heywood, Nelson and

Portland. This report requests that Council now receives and notes these plans.

Report

Community Planning is a collaborative process whereby communities determine

their own goals and take ownership of their plans with support from local

government and other key stakeholders such as State and Federal governments.

The aim of Community Planning is to build capacity into place based communities

so that they realise that they have the skills, knowledge and resources to complete

projects on their own rather than waiting for Council or other agencies to just “do” a

project. Community Planning builds social inclusion, allowing groups to find

innovative solutions to local problems

A report was provided to the Ordinary Council Meeting on 16 December 2008,

providing an update on the community planning process undertaken over the 2008

year and advising Council of the community aspirations and project priorities.

Community Planning groups in the Casterton, Digby, Heywood, Nelson and Portland

areas have been working to finalise their plans for 2008. Each community planning

group has now settled on their priorities for 2008/2009 and will now move forward

towards the implementation of their plan. A copy of each community plan is

provided for Councillor’s information and is included in the attachments.

Community Plans will allow Community Planning groups to apply for State and

Federal Government funding, as well as accessing the Glenelg Shire Community

Grants (Community Plan) fund. The Community Development Officer will work with

communities to assist with the facilitation and implementation of the plans over the

next 12 months.

Please note that community plans are an evolving document that can change from

time to time or as community need changes. It is envisaged that these community

plans will be reviewed in the second half of 2009 so that new priorities or adjustments

to current priorities can take place.


D11. COMMUNITY PLANNING UPDATE (continued) Officer Recommendation That Council receive and note the Community Plans for Casterton, Digby, Heywood, Nelson and Portland. Crs. Stephens and Northcott That the recommendation be adopted. CARRIED.


D12. MUNICIPAL FIRE PREVENTION PLAN (Separate circulation to Councillors & Group Managers)


Author: Terry Uniacke, Municipal Fire Prevention Officer

Executive Summary

This report requests Council to adopt proposed changes to the Municipal Fire

Prevention Plan as recommended by the Glenelg Shire Council Municipal Fire

Prevention Committee.

Background

Under the Country Fire Authority Act 1958 Council is required, through its Municipal

Fire Prevention Committee, to prepare and adopt a Municipal Fire Prevention Plan

for the Municipality.

The Act also requires that the Municipal Fire Prevention Plan be reviewed each year

and any proposed updates be approved by Council.

Issues

During the recent review by the Municipal Fire Prevention Committee, it was noted

that, while most fire stations in the Glenelg Shire lack permanent water supplies,

Councils may apply for assistance under the Fire Access Road Subsidy Scheme for

water tanks to be erected at fire sheds.

It is recommended by the Country Fire Authority that 25,000 litre tanks be erected

which, at current prices, are estimated to cost $4,000 installed. Under the Fire Access

Road Subsidy Scheme the State Government will fund the tanks on a $2 for $1 basis

which means Council would pay $1,334 per tank.

The Committee has also received a proposal from the Nelson Fire Brigade for

assistance to sink a bore at the Nelson Fire Station to enable the Brigade to have

access to a stable water supply when needed for fire fighting services in the Town of

Nelson. The estimated cost of this bore is also in the vicinity of $4,000 and Council

may also apply for assistance for this proposal under the Fire Access Road Subsidy

Scheme on the same basis as for water tanks.

While it is not necessarily intended that all of the tanks be funded in one year, it is

necessary for the proposals to be listed in the Municipal Fire Prevention Plan and

approved by Council prior to any application for assistance under the Fire Access

Road Subsidy Scheme.


D12. MUNICIPAL FIRE PREVENTION PLAN (continued)

Budget Implications

It is proposed that applications be made for the 2009/2010 round of Fire Access

Road Subsidy Scheme grants for The Nelson Water Bore and for water tanks for Henty

Fire Station, Lake Mundi Fire Station and Wando Bridge Fire Station which would

mean that Council would need a budget allocation of approximately $5,400 for the

2009/2010 Council budget year.

Conclusion

At Municipal Fire Prevention Committee meetings held in Casterton on Tuesday 11

November 2008 and in Heywood on Monday 17 November 2008 the following

changes were recommended for approval by Council:

1. That “access road between Pennys Road and Heathmere Siding Road” be

deleted from list of Proposed Fire Access Roads on page 5 of the Plan as this

road is now an actual Fire Access Road.

2. That the following section be included in the Municipal Fire Prevention Plan

2003 under section 4 “Proposed Fire Access Roads”

“PROPOSED STATIC WATER SUPPLIES

The following sites have been identified by the Municipal Fire Prevention

Committee for application for funding under the Fire Access Road Subsidy

scheme and are listed in priority order.

Water bore Nelson RFB TOP PRIORITY

Water tank Henty RFB

Water tank Lake Mundi RFB

Water tank Wando Bridge RFB

Water tank Killara RFB

Water tank Dunrobin & Nangeela RFB

Water tank Bahgallah RFB”

3. That the programs and actions as listed in the report “Fire Prevention Works in

municipality of: Glenelg 2008” circulated separately be confirmed


D12. MUNICIPAL FIRE PREVENTION PLAN (continued)

Officer recommendation That Council endorse the following changes to the Glenelg Shire Council Municipal Fire Prevention Plan 2003 as adopted by the Glenelg Shire Council Municipal Fire Prevention Committee on 11 November 2008 and on 17 November 2008:

1. Delete the words “access road between Pennys Road and Heathmere Siding Road” from list of Proposed Fire Access Roads.

2. Addition of a new section “Proposed Static Water Supplies” under “Proposed Fire Access Roads” in the Plan to include the sites as listed under ‘Conclusion Cl. 2’ of this report.

3. Updated programs and actions listed in the report “Fire Prevention Works in municipality of: Glenelg 2008” as circulated separately.

Crs. Cross and Northcott That the recommendation be adopted. CARRIED.


Cr. Wilson declared a direct conflict of interest in item D13. Federal Government

White Paper on Carbon Pollution Reduction Scheme as he is an employee of Keppel

Prince Engineering and left the Council Chamber at 7.42pm D13. FEDERAL GOVERNMENT WHITE PAPER ON CARBON POLLUTION REDUCTION SCHEME

CEO: Stuart Burdack, Chief Executive Officer

Author: Stuart Burdack, Chief Executive Officer

Executive Summary

This report provides a summary of the recently released white paper regarding

Carbon Pollution Reduction for Australia. It responds to a resolution of the

December 2008 Council meeting requesting a report on this white paper and how it

impacts the renewable energy industry. Background

The Minister for Climate Change and Water, Penny Wong, released the Federal

Government’s White Paper on Carbon Pollution Reduction on 15 December 2008.

The White Paper sets out the Government’s policy in relation to a medium term

target range for national emissions reduction and the design of the carbon pollution

reduction scheme.

Issues

The Carbon Pollution Reduction White Paper is particularly relevant for Glenelg Shire.

The Government’s policy position on carbon pollution reduction will ultimately have

an impact on industry and the community at large. Of particular relevance to

Glenelg is the impact of this policy on Portland Aluminium (Alcoa), currently one of

Victoria’s largest brown coal energy consumers, as well as a range of industries

involved in renewable energy. Glenelg Shire has one of the largest wind power

station projects in the State currently under construction at Cape Bridgewater /

Cape Nelson / Cape Sir William Grant. In addition to this, Keppel Prince has

established a niche industry manufacturing wind turbine towers. Pacific Hydro, the

company undertaking the wind turbine power project within Glenelg, has previously

publicly stated that it has up to $1 billion to invest in Australia provided there is

adequate certainty around Australia’s National Renewable Energy Target (NRET).

Keppel Prince has also publicly stated that it has invested $8 million in developing its

factory in Portland and has increased employee numbers to 500 as a result of the

Government election pledge of a 20% NRET. The Federal government’s policy

position on carbon pollution reduction will influence the level of renewable energy

production within Victoria and Australia and will therefore directly impact upon the

renewable energy industry.

Ultimately the Government’s policy on carbon pollution reduction will result in

increased consumer prices for power. Electricity prices are estimated to increase by

18 per cent and gas prices by 12 percent. Across all households, this would lead to

an average increase of $4/week on electricity and $2/week on gas and other

household fuels. This policy is therefore significant for business, community and

Council operations into the future.


D13. FEDERAL GOVERNMENT WHITE PAPER ON CARBON POLLUTION REDUCTION SCHEME (continued)

Issues

(continued)

The carbon pollution reduction scheme described in the Government’s White Paper

establishes a “cap and trade” scheme, which is expected to commence on 1 July

2010. A cap on the total amount of greenhouse gas emissions will be established for

each year through the issuance of a set number of permits.

Under the scheme, significant emitters of greenhouse gases must acquire a permit

for every tonne of gas emitted in a particular year. Entities that are obliged to

acquire permits will be able to trade them which will thereby place a price on

emissions. Each year the liable entity is required to surrender a permit for every

tonne of emissions produced in that year. The carbon pollution reduction scheme

covers all six Kyoto Protocol gases – namely, carbon dioxide, methane, nitrous oxide,

sulphur hexafluoride, hydrofluorocarbons and perfluorocarbons.

The following sectors are covered under the carbon pollution reduction scheme:

• Stationary energy – including emissions from electricity generation, which

contributes around 50% of Australia’s total emissions

• Transport – emissions primarily generated through combustion of fuels for road

and rail, which account for 14% of total emissions

• Fugitive emissions – emissions released during the production, processing,

transport, storage and distribution of coal, oil and gas, and contribute around

6% of total emissions

• Industrial processes – emissions from chemical reactions associated with

manufacturing processes, accounting for around 5% of emissions

• Synthetic greenhouse gas emissions – emissions from the use of commercial

and household equipment such as refrigeration, airconditioning and high

voltage electrical equipment, contribution around 1% of total emissions

• Waste – emissions predominantly from solid waste sent to landfill, accounting

for over 3% of Australia’s emissions

• Forestry – reafforestation will be covered on a voluntary basis but

deforestation will not be covered.

The Government has set a carbon pollution reduction target of a minimum

guaranteed level of 5% below 2000 levels and up to 15% below 2000 levels by 2020.

An emissions trading process is central to the carbon pollution reduction scheme in

which the Government sets how much carbon pollution industry can produce, and

then the Government sells permits up to that limit, creating an incentive to look for

cleaner energy options.

Companies may buy and sell permits from each other, depending on how much

they value them, thereby enabling the market to find the most efficient ways to

reduce carbon pollution.

The Government will provide assistance to emissions – intensive trade exposed

industries (such as Portland Aluminium) to reduce the risk that industries will relocate

offshore due to competition from countries without carbon constraints and to

provide general transitional assistance towards a carbon constrained economy.



Issues

(continued)

Around 25 per cent of total emissions trading permits will be issued free by the

government to emissions intensive trade exposed industries at the scheme

commencement, increasing to around 45 per cent by 2020.

Emission intensive trade exposed businesses such as Portland Aluminium will be

entitled to 90 per cent free permits under the proposed scheme.

The Government is proposing fuel tax reductions on a cent-for-cent basis with the

introduction of the carbon pollution scheme to offset the initial price impact.

There is also a Government rebate equivalent to the excise cut for businesses in the

agricultural and fishing industries for three years proposed in the White Paper and

the Government is proposing to increase payments, above automatic indexation for

people in receipt of pensioner, carer, senior and allowance benefits and to provide

other assistance to meet the overall increase in the cost of living flowing from the

scheme.

Renewable Energy

Glenelg Shire and the Great South Coast region provides a range of renewable

energy business opportunities. These include exploration and development of wind,

solar, wave, natural gas, biofuel and geothermal energy. There is an estimated $8B

of renewable energy projects in the planning stages or commenced within the

Great South Coast area. The Government commitment to a 20% NRET will provide

incentive for further investment and exploitation of these renewable energy

opportunities and this will have positive flow on benefits to Glenelg Shire, our

communities and the businesses involved in the renewable energy sector. It is

important however that the 20% NRET target be supported by the legislative

framework and funding programs to provide surety for the businesses who need to

invest capital to develop renewable energy markets.

Budget Implications At this stage it is not possible to quantify the cost implications of the Carbon Pollution

Reduction Policy for Council. Whilst it does not affect the 08/09 budget, it will result

in increased future materials, goods and utility unit cost. Landfill operations may also

be directly impacted by this policy.

Conclusion

The White Paper outlining the policy direction that the Government will take to

reduce pollution is significant for all Australians due to increased cost of fuel and

power use, which will have flow-on effects into everyday goods and services.



Conclusion

(continued)

For the economy of Glenelg it is particularly important given that the carbon

pollution reduction places significant financial penalties on major industries such as

the aluminium industry. Under the scheme, companies such as Alcoa will be

provided with carbon credits to offset the costs of their carbon pollution production,

to enable them to remain competitive and seek alternate clean sources of energy.

Importantly for many businesses associated with the renewable energy industry in

Glenelg, the White Paper reaffirms the Governments commitment to NRET of 20% by

2020. Once legislation has been enacted with respect to this NRET, investment in

renewable energy production should flow and industries associated with the

renewable energy sector should continue to grow.

It would be appropriate for Council to encourage the government to enact

legislation as soon as possible to ensure there is certainty in the renewable energy

industry.

Officer Recommendation That Council write to the Federal Minister for Climate Change and Water, Penny Wong and the Federal Minister for the Environment, Peter Garrett, acknowledging the Federal Government White Paper on Carbon Pollution Reduction and urging that the legislative framework and funding incentives required to enable the renewable energy industry to expand in response to the 20% National Renewable Energy Target, be drafted and enacted as a matter of the highest priority for the Government.

Cr. Wilson returned to the Council Chamber at 7.47pm


D14. ROAD MANAGEMENT PLAN – REVIEW AND UPDATE

Group Manager: Lindsay Merritt, Group Manager Assets & Infrastructure

Author: Stuart Ferrier, Senior Engineer Assets & Waste

Executive Summary

The Road Management Act 2004 provides for the review of a Road Management

Plan for roads under Council’s control and management. The Local Road

Management Plan that was adopted by Council in January 2005 has now been

reviewed and updated with a number of changes that better reflect the

operational aspects of service delivery in relation to the roads for which Council is

responsible. The draft revision of the Local Roads Management Plan has been

separately circulated to Councillors for information and comment and will now be

placed on public exhibition for one month.

Background

The draft Road Management Plan for local roads was prepared in late 2004, to meet

the following objectives:

• To meet the requirements of the Road Management Act 2004.

• To minimise Council’s exposure to risk related to the management and control

of local road assets.

• To inform the Glenelg Community of Council’s funding constraints, policies,

strategies, current levels of service and operational practices in regard to

road management.

• The plan provides a range of background information relating to Council’s

roads, gives details of Council’s policy and strategy framework for the

management of its road infrastructure and gives details of the local road

assets.

• The plan also sets down local road asset design standards, describes

standards and a regime for inspections of roads and bridges and sets down

local road maintenance targets.

• The Road Management Plan refers to a number of other Council documents,

Codes of Practice and Legislation; and

• The plan gives details of Council’s information systems and management of

those systems in relation to road management.

Since 2005, a number of operational difficulties have arisen that have highlighted

some gaps and inadequacies of the original document. These matters have been

addressed during the preparation of this revised plan.

A preliminary draft of the revised Local Road Management Plan was presented to

the Council Workshop of Tuesday 8 July 2008, and has been subsequently

developed following a staff workshop conducted on 3 September 2008.

This revised plan is now ready to be placed on Public Exhibition.



(continued)

Issues

The Road Management (General) Regulations require that the plan, once created

and adopted has a review commence before 1 January 2009 and be completed

by 30 June 2009. Council has in the original plan set a review interval of every 3

years.

This is the first such review of the original plan. The review was conducted by

Council’s Assets & Infrastructure Department with independent advice obtained

from Malcolm Styles.

The Road Management Act 2004 requires the following to occur:

.. (2) If a road authority proposes to conduct a review of its road

management plan, the road authority must give a notice

(a) stating or describing the purpose of the review; and

(b) stating or describing the roads and classes of road to which the

road management plan applies; and

(c) stating where a copy of the current road management plan may

be obtained or inspected; and

(d) stating that any person may make a submission on the proposed

review to the road authority within the period specified in the

notice, being not less than 28 days after the date on which the

notice is given.

As staff and Council have recognized that there are some issues with the current

Road Management Plan in terms of what is covered by the plan, hazard inspections,

response times and general capacity due to financial constraints, a range of

changes have been proposed and incorporated in the revised document.

The changes incorporated to date are shown in the document attached to this

report.

The changes made in essence bring the RMP into line with current practice. The first

RMP set out ideal inspection and response times that Council could not, in hindsight,

achieve.

The review process requires that the draft review document is made available to the

public. It is proposed that the existing plan will also be made available to the

general public so that they may make comparisons between the two documents if

they so wish. The 2 documents and the list of changes made will be made available

as a package for the public exhibition period.



(continued)

Budget Implications

As stated earlier, the changes that have been introduced in this revised plan are

intended to match existing operational practice. Consequently it is anticipated that

there will be no additional resource or budget requirement as a result of these

changes. The easing of road inspection cycles may release some staff resource to

enhance other areas of inspection that could be currently improved or enhanced.

Conclusion

It is believed that the revised Road Management Plan is now complete, having

rectified all of the known areas of deficiency following extensive workshopping with

involved staff and Council. It should now be placed on public exhibition for final

comments prior to adoption by Council.


1. That the Draft Local Roads Management Plan is placed on public exhibition across the municipality for a four week period and that public comment and submissions in relation to the Road Management Plan are invited.

2. That the draft package be returned to the March 2009 Workshop for review of comments and general discussion.

3. That the final revised Local Road Management Plan be put to the March 2009 Ordinary Meeting of Council for adoption.

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


ANY OTHER PROCEDURAL MATTER:

ANY OTHER BUSINESS: 1. Drought Taskforce meeting – Cr. Northcott

Cr. Northcott advised that Cr. Cross and he attended the Exceptional

Circumstances Declaration for South West Victoria meeting held in Hamilton on the

16 January 2009. Cr. Northcott informed Council of the difficulties facing the South

West during the drought.

2. Support Local Businesses – Cr. Cross MOTION Crs. Cross and Stephens That a report be prepared for the February 2009 Councillors Workshop on options available to Council to facilitate and support local businesses through Council procurement policies and practices. CARRIED. 3. Visitor Information Centre and Portland Bay Holiday Park – Cr. Stephens MOTION Crs. Stephens and Cross That Visitor Information Centre visitation statistics for the year ending 31 December 2009 and the Portland Bay Holiday Park occupancy figures be circulated to Councillors. CARRIED

RECEIPT OF ITEMS SUBMITTED FOR INFORMATION:

Separate Circulation to Councillors, Group Managers and Media

C1. Petition – Planting of Blue Gums Close to Digby Township

D1. Finance Report – 31 December 2008

D5. Right of Way Discontinuance Policy

D7. Review of Mayoral and Councillor Allowances – 2009/2013

Separate Circulation to Councillors and Group Managers

D2. Strathdownie Drainage Area – Proposed Special Charge 2008/2009

D4. Instrument of Appointment and Authorisation – Prosecutions Officer, Mr Grant

Cook and Local Laws Coordinator, Mr Dave De Bono

D11. Community Planning Update

D12. Municipal Fire Prevention Plan


RECEIPT OF ITEMS SUBMITTED FOR INFORMATION:

(continued)

‘IN CAMERA’ Separate Circulation to Councillors and Group Managers

E2 Contract No .C200819 – Provision of Waste Transport Services

Recommendation The documents separately circulated to Councillors, Group Managers and Media, as listed above, be received. Crs. Stephens and Halliday That the recommendation be adopted. CARRIED.

CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC:

Crs. Wilson and Stephens That the Council Meeting be closed to members of the public at 7.55pm pursuant to Section 89 of the Local Government Act 1989, to enable consideration of the following reports: E1. Contract No. C200819 – Portland Drill Hall Restoration – Contractual Matter – Section 82 (2) (d) of the Local Government Act 1989. E2. Contract No. C200819 – Provision of Waster Transport Services – Contractual Matter – Section 82 (2) (d) of the Local Government Act 1989. E3. Requests for Leave of Absence – Security of Councillor’s property – Section 89

(2)(h) of the Local Government Act 1989 - Any other matter which the Council

considers would prejudice the Council or any person E4. Request for Planning and Environment Act 1987 Section 20 (a) – Amendment to the Glenelg Planning Scheme – Proposed Developments – Section 89 (2) (e) of the Local Government Act 1989. CARRIED

E. “IN CAMERA” REPORTS:


THERE BEING NO FURTHER BUSINESS, THE MAYOR DECLARED THE MEETING CLOSED AT

8.16PM. I HEREBY CERTIFY THAT PAGES 1 TO 49 ARE CONFIRMED AND ARE A TRUE AND CORRECT RECORD.

CR. GEOFF WHITE MAYOR

MUNICIPAL OFFICES

PORTLAND

24 FEBRUARY 2008

ordinary council meeting minutes 27 january 2009 public · glenelg shire council minutes of the...

Documents