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Agenda – Ordinary Meeting of Council 3 August 2016 Ordinary Meeting of Council Agenda Date: Wednesday 3 August 2016 Time: 6pm Venue: Civic Centre (Council Meeting Room) 13 Mair Street, Benalla Members of the Community are welcome to attend the Meeting. A Public Question time is provided at Council Meetings giving members of the public an opportunity to submit questions to Council. (A prepared question may be submitted to the Chief Executive Officer on the day of the Council Meeting or a question without notice may be raised at the meeting. Local Law 1 – Meeting Procedures) PO Box 227, 1 Bridge Street East Benalla Victoria 3671 Tel: 03 5760 2600 Fax: 03 5762 5537 [email protected]

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Page 1: Ordinary Meeting of Council Agenda · Agenda – Ordinary Meeting of Council 3 August 2016 Ordinary Meeting of Council Agenda Date: Wednesday 3 August 2016 Time: 6pm Venue: Civic

Agenda – Ordinary Meeting of Council 3 August 2016

Ordinary Meeting of Council

Agenda

Date: Wednesday 3 August 2016

Time: 6pm

Venue: Civic Centre (Council Meeting Room)

13 Mair Street, Benalla Members of the Community are welcome to attend the Meeting. A Public Question time is provided at Council Meetings giving members of the public an opportunity to submit questions to Council. (A prepared question may be submitted to the Chief Executive Officer on the day of the Council Meeting or a question without notice may be raised at the meeting. Local Law 1 – Meeting Procedures)

PO Box 227, 1 Bridge Street East Benalla Victoria 3671

Tel: 03 5760 2600 Fax: 03 5762 5537 [email protected]

Page 2: Ordinary Meeting of Council Agenda · Agenda – Ordinary Meeting of Council 3 August 2016 Ordinary Meeting of Council Agenda Date: Wednesday 3 August 2016 Time: 6pm Venue: Civic

Agenda – Ordinary Meeting of Council 3 August 2016

BENALLA RURAL CITY COUNCIL

Contents 1.  Apologies ................................................................................................................................... 4 

2.  Statement of Commitment ....................................................................................................... 4 

3.  Confirmation of the Minutes of Previous Meetings ............................................................... 4 

4.  Disclosures of Conflict of Interest .......................................................................................... 5 

5.  Presentation of Petitions .......................................................................................................... 5 

6.  Mayor and Councillors’ Report ................................................................................................ 6 

7.  Presentation of Reports by Councillors ............................................................................... 10 

8.  Presentation of Reports by Committees .............................................................................. 10 

8.1  Planning and Development Committee ............................................................................ 10 

8.2  Finance and Operations Committee ................................................................................. 13 

9.  Presentation of Reports by Officers ..................................................................................... 15 

9.1  Australian Flying Corps (AFC) Memorial .......................................................................... 16 

9.2  Appointment of Council representative to Benalla Art Gallery Special Committee .......... 19 

9.3  Council Actions Pending................................................................................................... 20 

10.  Notices of Motion .................................................................................................................... 21 

11.  General Business .................................................................................................................... 21 

12.  Assemblies of Councillors, Advisory and External Committee Reports .......................... 21 

13.  Public Question Time ............................................................................................................. 22 

14.  Authorisation of Signing and Sealing of Documents.......................................................... 22 

15.  Confidential Business ............................................................................................................ 22 

16.  Presentation of Confidential Reports by Councillors ......................................................... 23 

17.  Presentation of Confidential Reports by Committees ........................................................ 23 

17.1  Planning & Development Committee ............................................................................... 23 

17.2  Finance and Operations Committee ................................................................................. 23 

18.  Presentation of Confidential Reports by Officers ............................................................... 23 

18.1  Supplementary Report to Tenders for Provision of slashing services for various roadsides and reserves ..................................................................................................................... 24 

18.2  Tenders for Gravel Re-sheets for various Council Roads 2016/17 ................................. 27 

18.3  Tenders for Shoulder Re-sheets for various Council Roads 2016/17 .............................. 38 

18.4  Tenders for Dry hire of landfill compactor and front end loader – Benalla Landfill .......... 48 

18.5  Confidential Council Actions Pending .............................................................................. 60 

19.  Reopening of Meeting to the Public ...................................................................................... 61 

20.  Closure of Meeting .................................................................................................................. 61 

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Agenda – Ordinary Meeting of Council 3 August 2016

BENALLA RURAL CITY COUNCIL

MEMBERS OF THE GALLERY Your attention is drawn to Section 114 of Council’s Local Law No. 1 – Meeting Procedures. Section 114 Chairman’s Duties and Discretions (1) In addition to other duties and discretions provided in this Local Law, the Chairman

(a) must not accept any motion, question or statement which appears to the Chair to be incorrect, derogatory, defamatory or embarrassing to any Councillor, member of Council staff, ratepayer or member of the public;

(b) may demand the withdrawal of any inappropriate statements or unsubstantiated allegations;

(c) may call on a Councillor to withdraw, and apologise for, any expression used by that Councillor during the meeting which was offensive or disorderly;

(d) must call to order any person who is disruptive or unruly during any meeting; (e) must ensure silence is preserved in the Visitors’ Gallery during any meeting;

and (f) must call to order any member of the public gallery who approaches the

Council/Committee table during the meeting.

(2) A person who does not withdraw an inappropriate statement or unsubstantiated allegation when demanded by the Chairman to do so is guilty of an offence. (Penalty: 1 Penalty Unit)

(3) A Councillor who does not withdraw an expression used during the meeting which

was offensive or disorderly, and who fails or refuses to apologise when twice called on by the Chairman to do so, is guilty of an offence. (Penalty: 1 Penalty Unit)

(4) A person who disrupts a meeting or during a meeting behaves in an unruly manner,

and who fails to come to order when called to order, is guilty of an offence. (Penalty: 1 Penalty Unit).

(5) An Authorised Officer must, if directed to do so by the Chairman, remove from a

meeting any Councillor or other person who has committed an offence under clause 114(2) or (3).

Your cooperation would be appreciated. Tony McIlroy Chief Executive Officer

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Agenda Chair Cr Justin King (Mayor) Councillors Cr Barbara Alexander Cr Ellen Crocker Cr Peter Davis Cr Margaret Richards Cr Andrew Vale In attendance Chief Executive Officer Tony McIlroy General Manager Development and Environment Veronica Schilling General Manager Corporate and Community Robert Barber Manager Facilities Greg Robertson Manager Infrastructure Bryan Campbell Waste and Facilities Coordinator Sean Ginnivan Contracts and Procurement Coordinator Judith Bird Council Business Officer Tracey Beaton 1. Apologies 2. Statement of Commitment I declare / that as a Councillor of Benalla Rural City / I will undertake on every occasion / to carry out my duties in the best interests of the community / and that my conduct shall maintain the standards of the Code of Good Governance / so that I may faithfully represent / and uphold the trust placed in the Council by the people of Benalla and District. 3. Confirmation of the Minutes of Previous Meetings Recommendation: That the Minutes of the Ordinary Meeting of Council held on Wednesday 29 June 2016 be confirmed.

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4. Disclosures of Conflict of Interest

Conflict of Interest – requirements of Councillors, special committee members and Council staff

Pursuant to the Local Government Act 1989 a Councillor, member of a special committee or member of Council staff who has a direct or indirect conflict of interest in respect of a matter which is to be or is likely to be considered or discussed must:

– Make a full disclosure of that interest by advising of the class (ie direct or indirect) and nature of the interest immediately before the matter is considered at the meeting or in writing to the Chief Executive Officer prior to the meeting. Where the disclosure is made to the Chief Executive Officer in writing, the Councillor or member must only disclose the class of the interest to the meeting, immediately before the matter is considered.

– If the Councillor or member will not be present at the meeting, make a full disclosure to the Chief Executive Officer or Chairman of the meeting, in writing, of the class and nature of the interest. If a Chairman is given a written disclosure, he or she must give the written disclosure to the Chief Executive Officer.

The CEO must keep written disclosures for three years after the date the Councillor or member who made the disclosure ceases to be a Councillor or member, and destroy the written disclosure when the three year period expires.

While the matter is being considered or any vote taken, the Councillor or member with the conflict of interest must leave the room and notify the Mayor or Chairman he or she is doing so. The Mayor or Chairman must notify the Councillor or member he or she may return to the room after consideration of the matter and all votes have been cast.

The minutes of the meeting must record any disclosures of conflict of interest, the class of the interest and if the Councillor or member has disclosed the nature of the interest to the meeting, the nature of the interest.

A failure by a Councillor or member to comply with Section 79 of the Act may result in a penalty of up to 120 penalty units and disqualification under section 29(2) of the Act.

Refer Sections 76, 77, 78 and 79 of the Local Government Act 1989 5. Presentation of Petitions

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6. Mayor and Councillors’ Report

E349 Gail Brown – Executive Assistant to the CEO, Mayor and Councillors

Thursday, June 23

Councillor Alexander sat on the community panel for the Tomorrow:Today Foundation 'Kids as Catalyst' Philanthropy Pitch. ‘Kids leading creative change’

The Mayor, Councillor Crocker and Councillor Richards attended the 'Kids as Catalyst' Philanthropy Pitch Event

Councillor Alexander and Councillor Crocker attended the Rotary Club of Benalla Changeover Dinner

Friday, June 24

The Mayor attended a meeting with the Youth and Community Development Coordinator regarding Youth Mental Health and Connect Benalla

The Mayor attended a meeting with the Editor of the Benalla Ensign

Councillor Richards and Councillor Vale attended the Benalla Airport Advisory Committee meeting

Monday, June 27

Councillor Richards attended the Benalla Art Gallery Trust Fund meeting

Councillor Alexander attended the Community Plan Project Steering Committee meeting

Tuesday, June 28

Councillor Alexander attended the 2016 Benalla Festival sponsorship meeting at Winton Motor Raceway

The Mayor and Councillor Alexander attended the Mental Health Communications Group meeting

Wednesday, June 29

The Mayor attended a briefing with the CEO

The Mayor attended a joint council meeting with the Border Rail Action Group (BRAG) to discuss the lobbying approach for passenger line improvement

Councillor Alexander, Councillor Davis and Councillor Richards attended the Benalla Airport Redevelopment Project Control Group meeting

The Mayor and Councillors with the exception of Councillor Davis and Councillor Vale attended the Council Meeting

Thursday, June 30

Councillor Davis attended the Benalla Showgrounds and Recreation Reserve Committee of Management meeting

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Saturday, July 2

Councillor Alexander, Councillor Crocker and Councillor Richards attended the Art Gallery Exhibition Opening by Angus Trumble, Director, National Portrait Gallery, of the 2015 Doug Moran National Portrait Prize

Sunday, July 3

The Mayor and Councillor Alexander attended the NAIDOC Week Flag Raising Ceremony at the Civic Centre

The Mayor attended the NAIDOC Week tour of the Aboriginal Gardens

The Mayor attended the NAIDOC Week celebration at the Benalla Foreshore

Councillor Crocker attended the Benalla and District Historical Society Lecture

Monday, July 4

Councillor Alexander attended the Benalla Health and Wellbeing Action Group and Family Violence Network meeting

The Mayor attended the Benalla Indoor Recreation Centre Committee of Management meeting

Wednesday, July 6

The Mayor conducted his fortnightly interview on 3SR Radio

Monday, July 11

Councillor Alexander attended the Benalla Festival Advisory Committee meeting

Tuesday, July 12

Councillor Alexander attended the Victoria Police Eastern Region Division 3 Medal Presentation Ceremony 2016

Wednesday, July 13

The Mayor attended a briefing with the CEO

Councillor Alexander attended the Jobs and Skills Action Development Team meeting

The Mayor and Councillors with the exception of Councillor Crocker attended the Assembly of Councillors Business Review meeting

Thursday, July 14

The Mayor and Councillor Alexander attended the Benalla Youth Service Providers Network, Youth Mental Health Strategy planning meeting

Councillor Alexander attended the Benalla 2036 Community Plan Devenish Open House Workshop

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Saturday, July 16

The Mayor attended a photo shoot at the Thoona CFA in relation to the new defibrillator

Sunday, July 17

The Mayor attended the Plymouth Rock Club of Australia 33rd National Poultry Show at the Benalla Showgrounds

Councillor Alexander participated in the Lions Club of Benalla Junior Public Speaking Judging Panel

Monday, July 18

The Mayor attended the NE TRACKS Local Learning and Employment Network meeting

Councillor Alexander attended the Benalla Festival Street Parade meeting

Councillor Alexander attended the Community Plan Project Steering Committee meeting

Councillor Alexander attended the High Country Library Corporation function to recognise the cessation of the Corporation

Tuesday, July 19

Councillor Davis attended the Churchill Reserve Committee of Management meeting

Wednesday, July 20

Councillor Alexander attended a Benalla Festival briefing with representatives of Benalla P-12 College

The Mayor conducted his fortnightly radio interview with 3SR Radio

Councillor Crocker attended the Benalla Riverine Parklands Advisory Committee meeting

Councillor Alexander attended the Volunteer Advisory Committee meeting

Councillor Crocker and Councillor Vale attended the Benalla Botanicalal Gardens Adventure Park Project Control Group meeting

The Mayor and Councillors attended the Planning and Development Committee meeting

Friday, July 22

Councillor Alexander attended the Benalla 2036 Community Plan Molyullah Open House

The Mayor attended the Benalla Theatre Company production of 'Breaking Up is Hard to Do'

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Sunday, July 24

Councillor Crocker and Councillor Richards attended the Margaret Brooke Memorial Concert at the Benalla Art Gallery

Monday, July 25

Councillor Crocker attended the Benalla P-12 College Board meeting

Councillor Alexander attended a Benalla Festival Street Parade meeting with the Australian Airforce Cadets

Tuesday, July 26

The Mayor was interviewed by ABC Radio regarding the North East Small Business Festival

The Mayor conducted his community engagement meetings

The Mayor, Councillor Alexander, Councillor Crocker and Councillor Richards attended the launch of the North East Small Business Festival by Hon Philip Dalidakis, Minister for Small Business, Innovation and Trade

The Mayor and Councillor Alexander attended the Mental Health Communication Working Group meeting

Councillor Alexander attended a meeting regarding the Benalla Festival A Day in the Gardens Market

The Mayor and Councillor Alexander attended the Audit Advisory Committee meeting

Wednesday, July 27

The Mayor attended a briefing with the CEO

Councillor Alexander attended a briefing regarding Advancing Benalla

The Mayor attended the Local Government Act Review - Mayors and CEOs Forum

The Mayor and Councillors attended the Finance and Operations Committee meeting

The Mayor and Councillors attended the Chief Executive Officer Performance Review Advisory Committee meeting

Recommendation: That the report be noted.  

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7. Presentation of Reports by Councillors Recommendation: That the reports be noted. 8. Presentation of Reports by Committees

8.1 Planning and Development Committee

Report and recommendations of the Planning and Development Committee meeting held on Wednesday 20 July 2016.

1. Planning Application No P0008/16 – Proposed Motorcycle Training

Facility – 144 Bowcher Road, Chesney Vale The report details Planning Permit Application No. P0008/16 - construction of a motorcycle training facility on land at Bowcher Road, Chesney Vale.

Councillor Alexander / Councillor Vale: That the matter lie on the table to allow the following issues to be addressed prior to the Council making a decision on Planning Permit Application No P0008/16 at 144 Bowcher Road, Chesney Vale:

1. A report on the additional eight objections received by the Council after the planning assessment was completed.

2. The Council engage an independent noise consultant to prepare an assessment on the proposed use following a physical test with motorbikes on the site. The test day is to include opportunity for the supporters and objectors to the proposal to observe on-site. The test is also to provide for noise measurements at the nearest dwellings to assess impact in accordance with the State Environmental Protection Policy.

3. That a bush fire risk assessment of the proposed use be undertaken

by the Country Fire Authority group in closest proximity to the subject site at Chesney Vale.

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A division was called Votes recorded in favour of the motion: Councillor Justin King Councillor Peter Davis Councillor Barbara Alexander Councillor Andrew Vale Votes recorded against the motion: Councillor Ellen Crocker Councillor Margaret Richards The motion was Carried.

2. Planning Permit Application P0148/15 – Property 2 Mair Street, Benalla

The report assesses a planning application to use the land for a car park and to remove trees within a Heritage Overlay at 2 Mair Street, Benalla. Councillor King / Councillor Crocker:

That the matter be deferred for consideration at the Planning and Development Committee meeting on 17 August 2016.

Carried

3. Lake Benalla – Camping The report deals with Recreational Vehicle (RV) camping around Lake Benalla. Councillor Alexander / Councillor Crocker: 1. That the Council endorse the use of Jaycee Island car park and the

Gardens Tennis Courts car park for RV camping by fully self-contained vehicles subject to the provision of signage and bollarding being installed to define the area for use.

2. That the local community and Caravan and Motorhome Association be

advised accordingly. 3. That the revised version of the Community Local Law include these

sites with parking permitted for up to 48 hours. Carried

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4. Planning and Building Approvals June 2016

The report details planning permit applications and building approvals for the month of June 2016. Councillor Richards / Councillor Vale: That the report be noted.

Carried

5. Benalla Botanical Gardens – Adventure Park Project The report provides an overview of the work to date for the redevelopment of the Adventure Park Project within the Benalla Botanical Gardens. Councillor Crocker / Councillor Alexander: That the report be noted.

Carried

6. Benalla Migrant Camp – Heritage Protection The report deals with State heritage protection of the Benalla Migrant Camp, Benalla. Councillor Richards / Councillor King:

That the report be noted. Carried

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7. Benalla Saleyards – Strategic Direction

The report presents a proposal for the future operation of the Benalla Saleyards. Councillor Alexander / Councillor Richards: 1. That Councillor Davis and Councillor King be nominated to represent

the Council on the Benalla Saleyards Working Group to oversee the future operation of the Benalla Saleyards.

2. That an invitation to join the Benalla Saleyards Working Group be

forwarded to representatives of North East Horse Sales together with representatives of the Benalla Pigeon Club, livestock transporters, stock agents and the Department of Economic Development, Jobs, Transport and Resources.

Carried

Recommendation: That the report and recommendations of the Planning and Development Committee meeting held on Wednesday 20 July 2016 be adopted.

8.2 Finance and Operations Committee

Report and recommendations of the Finance and Operations Committee meeting held on Wednesday 27 July 2016.

1. Federal Government Advocacy The report provides an overview of the Australian Local Government Association National General Assembly (NGA) held in Canberra from 19 – 22 June 2016. Councillor King / Councillor Vale: That the report be noted.

Carried

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2. 2016 General Valuation The report presents the return of the 2016 General Valuation. Councillor Davis / Councillor Crocker: That the 2016 General Valuation be adopted and used for rating purposes in the 2016/17 and 2017/18 financial years.

Carried

3. Facility Hire Subsidy Program The report presents applications for facility hire subsidies under the Facility Hire Subsidy Program. Councillor Davis / Councillor King: That the Council offer a subsidy of 100% for facility hire as follows:

- Friends of BPACC Inc for use of the Benalla Performing Arts and Convention Centre

- The Friends of the Benalla Library Inc for use of the Sir Edward Weary Dunlop Learning Centre

- Youth Action Committee and Benalla Youth Service Providers Network for use of the Drill Hall Community Activity Centre

Carried Councillor King / Councillor Vale: That the Council offer a subsidy of 100% for facility hire as follows:

- Friends of the Benalla Art Gallery Inc for use of the downstairs workshop space at the Benalla Art Gallery.

Carried

4. Library Services The report presents the High Country Library Network Shared Service Agreement. Councillor Richards / Councillor King: That the Council approve the High Country Library Network Shared Service Agreement.

Carried

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5. 2016 Local Government Community Satisfaction Survey

The report presents Benalla Rural City Council’s results from the 2016 Local Government Community Satisfaction Survey. Councillor Davis / Councillor Vale: That the Leadership Team and the Council meet to consider the results of the Local Government Community Satisfaction Survey 2016.

Carried

6. Procurement Policy – Annual Review The report presents the Procurement Policy for annual review and adoption. Councillor King / Councillor Richards: That the Procurement Policy be adopted.

Carried

7. Municipal Association of Victoria Rural North East Board The report details the nominations received for a by-election for the vacant position of representative of the Rural North East Region on the Municipal Association of Victoria Board. Councillor Richards / Councillor Crocker: That the Council nominate Councillor Ronald Janas of Alpine Shire Council as the preferred candidate to fill the vacant position on the Municipal Association of Victoria Board.

Carried Recommendation: That the report and recommendations of the Finance and Operations Committee meeting held on Wednesday 27 July 2016 be adopted.

9. Presentation of Reports by Officers

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9.1 Australian Flying Corps (AFC) Memorial E787

Veronica Schilling, General Manager Development & Environment

PURPOSE OF REPORT The report proposes the construction of a Australian Flying Corps (AFC) Memorial in the Benalla Botanical Gardens. BACKGROUND Following receipt of a request for a proposed Australian Flying Corps Memorial in the Benalla Botanical Gardens, a presentation was made by Mr Doug Williams and Mr Ron Burns from the Returned & Services League of Australia Benalla Sub-Branch to the Benalla Riverine Parklands Advisory Committee on Wednesday 20 July 2016. The rationale for such a memorial is to commemorate 100 years since the formation of the AFC. The AFC was the pre-cursor to today’s Air Force and was formed from volunteer personnel of the AIF including Australian Light Horsemen from 1913-18. Many of these personnel came from North East Victoria and its environs. They were to form not only air-crew, but also take on-ground support roles. The request for the memorial is provided in Appendix 1. DISCUSSION The Memorial is proposed to be located in the memorial precinct of the Benalla Botanical Gardens, as a simple stone monument. It would be located to the right of the path to the Cenotaph and immediately in front of the existing World War 1 memorial. Its design would be that of a rectangular, truncated pyramid with a cast bronze set of AFC ‘Wings’ atop of the main face, with three photo etched plaques featuring :

1915 Mesopotamia ‘Half Flight’, (French, Guadron G.3 Bi-plane),

The 1917-18 AFC aircraft used in Belgium/France (Briston F2b and Sopwith Camel, and

The 1912/13 CFS training aircraft used at Point Cook (Be-2a and Bristol Boxkite). Photographs of the proposed design are attached

Appendix 2 provides a sketch of the proposed monument as well as a photo of a half-size model and the inlaid bronze plaques. The recognition of the flying corp is also proposed to ‘round out’ the representation of the three key components of Australia’s defence services; with the Weary Dunlop and Hec Waller memorials already established in the gardens. The Council may recall that Benalla CFA has also proposed the State fire fighters memorial to be in this area between the Cenotaph and Lake Benalla.

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LOCALITY MAP

At the Benalla Riverine Parklands Advisory Committee meeting on 20 July 2016 the concept was endorsed by the Committee to proceed to the Council for approval, as well as obtaining Heritage Victoria approval to the proposal. The Benalla Botanical Gardens are included on the State Heritage Register so such works are likely to require a formal application from Heritage Victoria. The area between the cenotaph and Art Gallery lies within the memorial precinct of the gardens as outlined in the Benalla Botanical Gardens Conservation Management Plan Review 2012 (pp 27). The proposal complies with Benalla Rural City Councils Commemorative Memorials Guidelines. The proposal should be supported to include interpretive signage and a landscape setting for maximum effect to the viewer whilst ensuring the aesthetic value of the Botanical Gardens is preserved.

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COUNCIL 2013-2017 PLAN IMPLICATIONS Places and spaces Improvements to restore the health, amenity and useability of Lake Benalla and

the foreshore environment are planned and implemented in partnership with others

New and expanded community assets are planned and provided to meet community needs and expectations, and infrastructure performance standards

Community engagement and Working Together Community needs are responded to and met through the efficient and effective

delivery of customer service, information, and key infrastructure and community services

COMMUNITY ENGAGEMENT If the Council is of a view to support the proposal then community engagement with the Friends of the Benalla Art Gallery should be undertaken to ensure broad community support of the proposal. This may assist with the request for approval from Heritage Victoria. Furthermore the Friends of the Gardens may be able to assist in developing a landscape concept to support the installation and interpretive signage. FINANCIAL IMPLICATIONS The Returned and Services League of Australia has already received funding from various state and federal government bodies for the cost of the construction and installation of the monument. There are not expected to be additional costs incurred with the installation of the monument. At the Benalla Riverine Parklands Advisory Committee meeting the benefit of some interpretive signage, either on the bare face proposed on the monument or nearby was highlighted. This information would assist the viewer in understanding of the centenary and the link between the AFC and the modern air force. Funding for such signage is yet to be identified. Annual maintenance of the structure is considered likely to be insignificant. Recommendation: 1. That the proposal be endorsed by the Council. 2. That approval be sought from Heritage Victoria.

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9.2 Appointment of Council representative to Benalla Art Gallery Special

Committee E532

Tony McIlroy – Chief Executive Officer

PURPOSE OF REPORT The report seeks nominations for the vacant position of Council representative on the Benalla Art Gallery Special Committee following the resignation of Councillor Suzy Martin. DISCUSSION On Wednesday 29 June 2016 Councillor Suzy Martin submitted her resignation as a Councillor effective from 30 June 2016. Consequently a vacancy has occurred on the Benalla Art Gallery Special Committee for a Council representative. Councillor Martin had represented the Council on the Committee since 2011. Nominations for the appointment of two Council representatives to the Special Committee for the 2016/17 Council Year will be sought following the Council Election in October 2016. COUNCIL PLAN 2013-2017 IMPLICATIONS Our Community Education and learning are recognised and embraced as a key to lifelong

community wellbeing, social inclusion and tackling disadvantage. Recommendation: That Councillor ………………………….be appointed as a Council representative on the Benalla Art Gallery Special Committee for the remainder of the 2015/16 Council Year.

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BENALLA RURAL CITY COUNCIL

9.3 Council Actions Pending Recommendation: That the report be noted.

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Agenda – Ordinary Meeting of Council 3 August 2016

Council actions pending from the cycle of meetings ended 29 June 2016

Item No.

Date of Meeting

Agenda Item Council Resolution Responsible

Officer

Anticipated Date of Completion / Comment / Status

1. P&D

20/03/13 5. Property Rationalisation – Goodwin and Cook Streets, Benalla

1. That the Council develop a landscape plan for the area including the removal of existing play equipment.

GMDE

Report on Benalla Railway Station lease to be presented to the Planning and Development Committee on 17 August 2016.

2. P&D

22/07/15 1. Road Alignment Anomalies – Chesney Vale Road, Chesney Vale

and O’Dea Road, Molyullah 1. That the Council close the sections of road reserve adjacent to

86B and 86C Chesney Vale Road, Chesney Vale on the grounds that these sections of road reserve have not been needed for the purpose of providing a road.

2. That the Council give public notice of its intention to close the sections of Chesney Vale Road reserve and request public submissions on its intention.

3. That the Chief Executive Officer be authorised to undertake the appropriate process to rectify the road reserve alignment anomaly at Crown Allotment 17A, 933 O’Dea Road, Molyullah.

GMDE

O’Dea Road - awaiting further legal advice. Chesney Vale Road – Survey delayed. New survey to be completed by end of July 2016.

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Agenda – Ordinary Meeting of Council 3 August 2016

Item No.

Date of Meeting

Agenda Item Council Resolution Responsible

Officer

Anticipated Date of Completion / Comment / Status

3. P&D

19/08/15 4. Amendment C32 – Benalla Planning Scheme Anomalies

1. That Amendment C32 be exhibited in accordance with the

provision of the Planning and Environment Act 1987 for a period of 30 days, once ministerial authorisation is received.

GMDE

Awaiting authorisation to advertise.

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Agenda – Ordinary Meeting of Council 3 August 2016

Item No.

Date of Meeting

Agenda Item Council Resolution Responsible

Officer

Anticipated Date of Completion / Comment / Status

4. P&D

02/12/15 1. Planning Application P0100/15 – Intensive Animal Husbandry

(Piggery) – 73 Baddaginnie Warrenbayne Road, Warrenbayne That the Planning and Development Committee acting under its delegated authority of the Council issue a Notice of Decision to Refuse a permit for application P0100/15 to use the land for Intensive Animal Husbandry (Piggery) at 73 Baddaginnie Warrenbayne Road, Baddaginnie on the following grounds:

1. The proposal does not comply with the buffer distances as outlined within the Code of Practice Piggeries 1992.

2. The proposal is contrary to the State and Local Planning Policy Framework and Farming Zone objectives as it does not promote sustainable land management practices.

3. The proposal has the potential to emit unreasonable odour to adjoining and surrounding properties.

4. The proposal does not contain adequate measures to ensure contaminated stormwater remains on the site.

5. The proposal has the potential to attract vermin and contaminate groundwater due to the burial of dead pigs on the land.

GMDE

VCAT determination announced 19 July 2016. Orders require the pigs to be removed by 16 August 2016.

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Agenda – Ordinary Meeting of Council 3 August 2016

Item No.

Date of Meeting

Agenda Item Council Resolution Responsible

Officer

Anticipated Date of Completion / Comment / Status

5. P&D

17/02/16

3. Community Local Law 2016 - Hearing of Submissions 1. That the submissions be received. 2. That adoption of the revised Community Local Law 2016 be

deferred pending resolution of the issues raised by the submissions (being the use of motorised mobility devices and overnight camping on the shore of Lake Benalla).

GMDE

Report to be presented to the Planning and Development Committee on (was 20 July now) 17 August 2016. Adoption was deferred awaiting a report on overnight camping on the shore of Lake Benalla.

6. ORD

COUNCIL

02/03/16

8.1 (2) Planning Application P0022/15 – Place of Assembly (Nude Man Festival) 648 Tatong Tolmie Road, Tatong That the Council authorise the commencement of enforcement action for breaches of the Benalla Planning Scheme and Planning Permit P0022/15.

GMDE

Compulsory conference set down for 8 August 2016. Hearing set for 17 October 2016 for two days.

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Agenda – Ordinary Meeting of Council 3 August 2016

Item No.

Date of Meeting

Agenda Item Council Resolution Responsible

Officer

Anticipated Date of Completion / Comment / Status

7. P&D 16/03/16

3 Environment Strategy 2011-2015 Review

1. That the Council adopt the draft Environmental Strategy 2015-2020 for consultation purposes.

2. That the document be circulated for comment for a minimum four-week period to State agencies, community stakeholders and those individuals who previously provided feedback.

3. That the community be invited to submit comments on the draft document.

GMDE

Report to be presented to the Planning and Development Committee on 17 August 2016.

8. P&D 16/03/16

5 Indigenous Garden – Moira Reserve, Benalla

1. That the Council adopt the change of name of the parkland within the Moira Park Reserve, Benalla as ‘Aboriginal Garden’ under the Geographic Place Names Act 1998. 2. That the Registrar of Geographic Names be advised of the change in name of the ‘Indigenous Garden’ to ‘Aboriginal Garden’. 3. That the community be advised of the name change to ‘Aboriginal Garden’ through a media release and the installation of appropriate signage.

GMDE

Completed

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Agenda – Ordinary Meeting of Council 3 August 2016

Item No.

Date of Meeting

Agenda Item Council Resolution Responsible

Officer

Anticipated Date of Completion / Comment / Status

9. ORD COUNCIL 30/03/16

10.1 Notice of Motion 2016/01 – Community Mental Health 5. That a community-driven committee be established and

supported by the relevant agencies.

CEO

Pending outcome of funding submission to State Government.

10. P&D

20/04/16 1. Lake Benalla – Camping

1. That further investigation be undertaken on the viability of RV

Friendly Camping sites being established at: Lake Benalla Foreshore – Jaycee Island Carpark, Botanical Gardens Tennis Courts Carpark and the Benalla Showgrounds.

2. That a report be presented to the Planning and Development

Committee on 20 July 2016. 3. That the Council authorise Council Officers to take measures as

soon as possible to direct RV vehicles to a safe location and to protect the Lake Benalla foreshore area.

GMDE

Completed Completed Completed

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Agenda – Ordinary Meeting of Council 3 August 2016

Item No.

Date of Meeting

Agenda Item Council Resolution Responsible

Officer

Anticipated Date of Completion / Comment / Status

11. P&D

20/04/16 4. Benalla Aquatic Centre – Community Engagement

That the outcomes of the community engagement activity be adopted and the Council proceed to develop design drawings and a quantity surveyor’s estimate that includes the following components: development of a new internal program pool expanded fitness and gymnasium area external splash pad minor refurbishment of the outdoor pool associated plant and spaces to facilitate the redevelopment.

GMDE

Completed

12. P&D

20/04/16 5. CBD Parking Management Policy

That the draft CBD Parking Management Policy be adopted for the purpose of public consultation.

GMDE

Public exhibition deferred due to other commitments. Due to advertise in July 2016. (Delayed until August.)

13. F&O

25/05/16 8. Gliding Federation of Australia – request for financial

assistance That the item be deferred for consideration at the next Finance and Operations Committee meeting to be held on 22 June 2016.

CEO

Report to be presented to the Finance and Operations Committee on (was 27 July now) 24 August 2016. Held over pending Gliding Club review of its utilization of BPACC.

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Agenda – Ordinary Meeting of Council 3 August 2016

Item No.

Date of Meeting

Agenda Item Council Resolution Responsible

Officer

Anticipated Date of Completion / Comment / Status

14. SPEC F&O

08/06/16 1. 2013-2017 Council Plan (2016 Review)

That the 2013-2017 Council Plan (2016 Review) be considered for adoption at a Meeting of the Council on Wednesday 29 June 2016.

GMCC

Completed

15. SPEC F&O

08/06/16 2. Proposed 2016/17 Budget

1. That the submissions be received. 2. That the submissions be considered at a Special Meeting of the

Council on Wednesday 22 June 2016.

GMCC

Completed

16. P&D

15/06/16 2. Benalla Airport - Hangar Leases

That the Planning and Development Committee acting under its

delegated authority of the Council approve the drafting of hangar leases at the Benalla Airport on the following basis:

(a) a lease for each airside private structure at the airport (b) a lease for each designated area of the Council’s structure

airside at the airport (c) annual rent for each lease calculated at $5/m2 plus GST and

the Fire Services Levy (d) the term of leases be up to 25 years providing that the initial

period and any options are in five-year increments.

GMDE

Revised lease being developed.

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Agenda – Ordinary Meeting of Council 3 August 2016

Item No.

Date of Meeting

Agenda Item Council Resolution Responsible

Officer

Anticipated Date of Completion / Comment / Status

17. P&D

15/06/16 3. Victorian Government - New Energy Jobs Fund

1. That the Council take on the role of lead Council in the

Goulburn Broken Greenhouse Alliance application to the Victorian Government New Energy Jobs Fund for the Goulburn Broken Local Government New Energy Opportunities project, utilising Watts Working Better project underspend as a cash contribution to the project.

2. That the Council support the Benalla Sustainable Future

Group to further scope an application to the Victorian Government New Energy Jobs Fund for the development a feasibility study and a future energy plan for Benalla which includes community-owned renewable energy options.

3. That the Council support the Benalla Sustainable Future

Group to run a process to gauge the level of interest in a community renewable energy project.

4. That a report be presented to the Planning and Development

Committee on 7 September 2016 providing information on the progress of Part 2 and Part 3 of the recommendation.

GMDE

Completed Completed Completed

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Agenda – Ordinary Meeting of Council 3 August 2016

Item No.

Date of Meeting

Agenda Item Council Resolution Responsible

Officer

Anticipated Date of Completion / Comment / Status

18. P&D

15/06/16 5. Municipal Emergency Management Plan 2016

That the Planning and Development Committee acting under its delegated authority of the Council adopt the Municipal Emergency Management Plan 2016.

GMDE

Completed

19. F&O

22/06/16 1. Youth Action Committee

1. That the presentation be received. 2. That a report be presented to a future meeting of the Finance

and Operations Committee regarding use of the Benalla Drill Hall Community Activity Centre by the Youth Action Committee.

3. That the Council forward a letter of support for the Youth Action

Committee for its grant funding applications.

GMCC

Completed

20. F&O

22/06/16 2. 2015/16 Community Sponsorship Program

That the Council approve the following grants to be funded from the 2015/16 Community Sponsorship Program: Benalla Gymnastics Club Inc. $292 Alzheimer’s Australia Inc. $350

GMCC

Completed

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Agenda – Ordinary Meeting of Council 3 August 2016

Item No.

Date of Meeting

Agenda Item Council Resolution Responsible

Officer

Anticipated Date of Completion / Comment / Status

21. F&O

22/06/16 3. Draft Governance Local Law 2016

That the draft Governance Local Law 2016 be adopted for

community consultation purposes.

GMCC

Submissions to be heard at Special Meeting of Finance and Operations Committee on 10 August 2016.

22. ORD

COUNCIL

29/06/16

9.1 2016/17 Budget 1. That the Council adopt the 2016/17 Budget. 2. That the Council submit the 2016/17 Budget to the Minister

for Local Government in accordance with the Local Government Act 1989.

3. That the Council give public notice of its decision to adopt the

2016/17 Budget in accordance with the Local Government Act 1989.

GMCC

Completed

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Agenda – Ordinary Meeting of Council 3 August 2016

Item No.

Date of Meeting

Agenda Item Council Resolution Responsible

Officer

Anticipated Date of Completion / Comment / Status

23. ORD

COUNCIL

29/06/16

9.2 Council Plan 2013-2017 (2016 Review) 1. That the Council adopt the 2013-2017 Council Plan (2016

Review), incorporating the Strategic Resource Plan for the four years ending 30 June 2020.

2. That the Council submit the 2013-2017 Council Plan (2016

Review), incorporating the Strategic Resource Plan for the four years ending 30 June 2020, to the Minister for Local Government in accordance with the Local Government Act 1989.

3. That the Council give public notice of its decision to adopt the

2013-2017 Council Plan (2016 Review), incorporating the Strategic Resource Plan for the four years ending 30 June 2020, in accordance with the Local Government Act 1989.

GMCC

Completed

24. ORD

COUNCIL

29/06/16

10.1 2016/3 Funding Assistance – Max’s Heroes That the Council make an ex-gratia payment to meet the bus hire cost ($660) to transport 32 community members (Max’s Heroes) to and from the Run Melbourne event on Sunday 24 July 2016.

CEO

Completed

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BENALLA RURAL CITY COUNCIL

10. Notices of Motion

11. General Business

In accordance with Clause 14 of the Local Law No 1- Meeting Procedures: No business may be conducted at an Ordinary Meeting of Council unless notice of that business has been given either by inclusion in the Agenda or in a notice of motion provided that the Council may resolve to admit (without such notice) other items of business to be of an urgent nature. 12. Assemblies of Councillors, Advisory and External Committee Reports

Notes of the following meetings have been circulated under separate cover: May 2016 26 Accessibility Reference Group

June 2016 6 Sports and Equestrian Centre Advisory Committee 8 Benalla Aquatic Centre Redevelopment Project Steering Committee 10 Benalla Australia Day Advisory Committee 15 Volunteer Advisory Committee 15 Benalla Adventure Park Project Steering Committee 16 Municipal Emergency Management Planning Committee 24 Benalla Airport Advisory Committee 29 Benalla Airport Redevelopment Project Steering Committee

July 2016 11 Benalla Festival Advisory Committee 13 Assembly of Councillors – Business Review 20 Benalla Riverine Parklands Advisory Committee 20 Volunteer Advisory Committee 26 Audit Advisory Committee

Recommendation: That the reports be noted.

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BENALLA RURAL CITY COUNCIL

13. Public Question Time

In accordance with Clauses 45 to 51 of the Local Law 1 – Meeting Procedures up to 15 minutes shall be allowed for the answering of questions. 14. Authorisation of Signing and Sealing of Documents 15. Confidential Business

A Council or Special Committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following: (a) personnel matters; (b) the personal hardship of any resident or ratepayer; (c) industrial matters; (d) contractual matters; (e) proposed developments; (f) legal advice; (g) matters affecting the security of Council property; (h) any other matter which the Council or special committee considers would

prejudice the Council or any person; (i) a resolution to close the meeting to members of the public.

Recommendation: That the meeting be closed to the public for the consideration of confidential business pursuant to Section 89(2) of the Local Government Act 1989.

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BENALLA RURAL CITY COUNCIL

19. Reopening of Meeting to the Public Recommendation: That the meeting be reopened to the public.

20. Closure of Meeting