ordinary meeting of council - shire of hepburn · ordinary meeting of council 17 february 2015 . 1....

ORDINARY MEETING OF COUNCIL 17 FEBRUARY 2015

MINUTES TUESDAY 17 FEBRUARY 2015

Glenlyon Hall

Barkly Street, Glenlyon

Commencing 6:00PM

CONTENTS PAGE

1. ACKNOWLEDGEMENT OF TRADITIONAL OWNERS ............................................ 4

2. OPENING OF MEETING .......................................................................................... 4

3. APOLOGIES ............................................................................................................. 5

4. DECLARATIONS OF CONFLICTS OF INTEREST ................................................... 5

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

6. NOTICES OF MOTION ............................................................................................ 6

6.1. NOTICE OF MOTION – TOWN CRIER FOR HEPBURN SHIRE ................... 6

7. ITEMS OF URGENT BUSINESS ................................................................................ 7

8. PRESENTATION OF COUNCILLOR REPORTS ....................................................... 8

9. PUBLIC PARTICIPATION TIME .............................................................................. 15

9.1. PETITION – SAVE THE DAYLESFORD POOL (AND SURROUNDS) .......... 15

9.2. QUESTIONS ................................................................................................ 17

9.3. REQUESTS TO ADDRESS COUNCIL ......................................................... 19

10. STATUTORY PLANNING REPORTS ....................................................................... 20

11. OFFICERS’ REPORTS ............................................................................................. 21

11.1. HEPBURN COMMUNITY AND COUNCIL SERVICES HUB - DESIGN AND CREATE UPDATE ........................................................................................ 21

ATTACHMENT 1 - EXTRACT OF ONLINE 'CHANGE.ORG' PETITION . 25

11.2. KERBSIDE COLLECTION EXTENSION POLL RESULTS ............................ 27

2


11.3. FINANCIAL REPORT - AS AT 31 DECEMBER 2014 ................................... 35

ATTACHMENT 2 - FINANCIAL REPORT AS AT 31 DECEMBER 2014 ... 38

ATTACHMENT 3 - 2014/15 CAPITAL WORKS PROGRAM – AS AT 31 DECEMBER 2014 ................................................................................... 42

11.4. ROAD SAFETY CONCERNS - INTERSECTION OF RAGLAN STREET, EAST STREET AND DAYLESFORD-MALMSBURY ROAD, DAYLESORD ............ 46

11.5. APPLICATION FOR ADDITIONAL ELECTRONIC GAMING MACHINES AT THE ROYAL HOTEL, DAYLESFORD ........................................................... 49

11.6. LICENCE RENEWAL – CRESWICK DISTRICT NEWS INCORPORATED – TO OCCUPY PARTS OF THE CRESWICK VISITOR INFORMATION CENTRE ...................................................................................................... 54

ATTACHMENT 4 - DRAFT THREE YEAR LICENCE – CRESWICK DISTRICT NEWS INCORPORATED ............................................................ 57

11.7. APPOINTMENT OF COMMITTEE MEMBERS TO THE LYONVILLE HALL SPECIAL COMMITTEE ................................................................................ 67

11.8. RECORD OF ASSEMBLIES OF COUNCILLORS ......................................... 70

ATTACHMENT 5 - RECORDS OF ASSEMBLIES OF COUNCILLORS .... 73

12. COUNCIL SPECIAL COMMITTEES (SECTION 86) ................................................ 83

12.1. MINUTES OF SPECIAL COMMITTEES (SECTION 86) ............................... 83

ATTACHMENT 6 - LETTER FROM THE CRESWICK MUSEUM SPECIAL COMMITTEE DATED 5 FEBRUARY 2015 ................................................... 86

13. COUNCIL ADVISORY COMMITTEES .................................................................... 89

13.1. MINUTES OF ADVISORY COMMITTEES ................................................... 89

14. CONFIDENTIAL ITEMS .......................................................................................... 91

14.1. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC ......................... 91

14.2 CONFIDENTIAL - CONTRACT H501-2014 - CLEANING OF PUBLIC CONVENIENCES AND OTHER LISTED FACILITIES (BARBECUES OPTIONAL)

15. RE-OPENING OF MEETING TO PUBLIC .............................................................. 92

16. CLOSE OF MEETING ............................................................................................. 92

AARON VAN EGMOND

CHIEF EXECUTIVE OFFICER

17 FEBRUARY 2015

3


1. ACKNOWLEDGEMENT OF TRADITIONAL OWNERS

We would like to acknowledge we are meeting on Jaara people country, of which members and elders of the Dja Dja Wurrung community and their forebears have been custodians for many centuries.

On this land, the Jaara people have performed age old ceremonies of celebration, initiation and renewal.

We acknowledge their living culture and their unique role in the life of this region.

2. OPENING OF MEETING

PRESENT: Mayor Councillor Kate Redwood AM, Deputy Mayor Councillor Neil Newitt, Birch Ward Councillor Pierre Niclas, Coliban Ward Councillor Sebastian Klein, Creswick Ward Councillor Don Henderson, Creswick Ward Councillor Greg May, Holcombe Ward Councillor Bill McClenaghan.

IN ATTENDANCE: Chief Executive Officer Aaron van Egmond, General Manager Corporate Services Grant Schuster, General Manager Community Services Kathleen Brannigan, General Manager Infrastructure Bruce Lucas, Governance and Corporate Support Officer Mary Dancuk.

STATEMENT OF COMMITMENT

“WE THE COUNCILLORS OF HEPBURN SHIRE

DECLARE THAT WE WILL UNDERTAKE ON EVERY OCCASION

TO CARRY OUT OUR DUTIES IN THE BEST INTERESTS

OF THE COMMUNITY

AND THAT OUR CONDUCT SHALL MAINTAIN THE STANDARDS

OF THE CODE OF GOOD GOVERNANCE

SO THAT WE MAY FAITHFULLY REPRESENT

AND UPHOLD THE TRUST PLACED IN THIS COUNCIL BY THE

PEOPLE OF HEPBURN SHIRE”

4


3. APOLOGIES

Nil

4. DECLARATIONS OF CONFLICTS OF INTEREST

Nil

5. CONFIRMATION OF MINUTES

RECOMMENDATION

5.1 That the Minutes of the Ordinary Meeting of Council held on 20 January 2015 (as previously circulated to Councillors) be confirmed as required under Section 93 (2) of the Local Government Act 1989.

MOTION

5.1. That the Minutes of the Ordinary Meeting of Council held on 20 January 2015 (as previously circulated to Councillors) be confirmed as required under Section 93 (2) of the Local Government Act 1989.

Moved: Councillor Don Henderson Seconded: Councillor Neil Newitt Carried.

5


6. NOTICES OF MOTION

6.1. NOTICE OF MOTION – TOWN CRIER FOR HEPBURN SHIRE

Date: 3 February 2015

NOTICE OF MOTION

6.1.1 That Council contacts The Australasian Guild of Town Criers asking them to appoint a Town Crier for the Shire.

6.1.2 That the Guild be given the option of appointing a Deputy Town Crier.

BACKGROUND

Town Criers were a part of early communication to the public. Records show that most towns had a person who was appointed to the role. Neighbouring shires such as Ballarat, Moorabool and Central Goldfields have appointed Town Criers.

The appointment of a Town Crier allows the appointed person or deputy to be called upon to announce important events on a voluntary basis, and also to compete in competitions representing the Shire. A major competition is to be held in Hepburn Springs in mid March this year. The guild appoints the person based upon character and skill and can also appoint a deputy where another crier exists within a shire. Town Criers are bound by a strict code of behaviour and are forbidden to involve themselves in politics or controversy.

The appointment fits in well with our towns gold heritage as criers were on almost all goldfields. Sovereign Hill Ballarat had a Town Crier from their early days and that crier is currently the City of Ballarat crier and also the president of the Australasian Guild of Town Criers.

There is no cost to Hepburn Shire and criers attend or involve themselves by invitation. The appointment will add colour to our various street activities and festivals.

Councillor Name: Don Henderson

Councillor Signature:

Chief Executive Officer Signature: Aaron van Egmond

6


MOTION

6.1.3 That Council contacts The Australasian Guild of Town Criers asking them to appoint a Town Crier for the Shire.

6.1.4 That the Guild be given the option of appointing a Deputy Town Crier.

6.1.5 That Council withholds the right to remove the title of Town Crier or Deputy Town Crier at any time that it sees fit.

Moved: Councillor Don Henderson Seconded: Councillor Bill McClenaghan Carried.

7. ITEMS OF URGENT BUSINESS

Nil

7


8. PRESENTATION OF COUNCILLOR REPORTS

MAYOR’S REPORT

Councillor Kate Redwood AM, Birch Ward

This month I have had reason to reflect more than once that delivering a high standard of governance in local government is not for the faint hearted. We Councillors are here to ensure the delivery of a range of services and programs consistent with the powers vested in us under legislation and within budget constraints, to the best of our ability. Due diligence obligations mean that we can be as culpable for the Council delivering poorly, delivering too much or not delivering at all.

The Hepburn Hub project has been a priority for me, in listening to members of the community, in endeavouring to communicate why the project is being undertaken, what the status of work to date is, and what the process is from here. It seems very hard to get the message through that this is a staged project and Council has not made a decision to go ahead with any particular design, and has not yet moved beyond indicative costs.

Work to raise funds for the Victoria Park redevelopment has continued. In particular, discussions with the Daylesford Community Bank have been productive, and we look forward to an announcement in the near future of their involvement.

Our CEO, Aaron van Egmond and I met with the Member for Macedon, Mary Anne Thomas to progress election promises. In particular, we indicated Council’s concern to see the renovation/rebuild of Daylesford Secondary College. A letter has been sent to the Minister for Education urging that this be given early priority. We will be meeting soon with Louise Staley, Member for Ripon, to see what can be done regarding the Creswick/Daylesford school bus service, and the Sunday rail timetable from Clunes to Ballarat.

International Women’s Day will be celebrated by the Council on 5 March. All Councillors are invited to attend and the public is welcome to attend. Our guest speaker this year is Ms Kate McGregor, who may be known to you through her appearance on the ABC’s Q&A program and in Australian Story. There will be a number of women inducted into the Heather Mutimer Honour Roll for Women. All but the posthumous nominee will speak briefly on the theme: what they would like their daughter to know about their achievements. There will also be an exhibition of Poppy’s photographs of Daylesford women, “What Makes me Strong” which was previously exhibited in the Convent Gallery.

Finally, Australia Day was celebrated in style all over the Shire but particularly here in Daylesford where the citizenship ceremony and Australia Day celebrations were

8


commented on by many as excellent. Well done Ms Dancuk, Ms Collett, Ms (Tracye) Sutton, Ms Abate and Mr Liversidge.

Council commitments during the month have included:

20/01/2015 CEO/Mayor’s meeting

Noel Harvey and Judith Isherwood re Daylesford & Macedon Ranges tourist (visitor) guide

Councillors/CEO meeting

Councillor briefings

Council Meeting

21/01/2015 International Women’s Day Advisory Committee meeting

22/01/2015 Meeting with Booktown Committee – at Clunes

23/01/2015 Australia Day morning tea, Hepburn House

25/01/2015 Australia Day Citizenship Ceremony, Daylesford Town Hall

26/01/2015 Australia Day function Glenlyon


30/01/2015 David Curry proprietor Royal Hotel re gaming machines

31/01/2015 Monash fundraiser and visit to Wheelers Bridge

02/02/2015 Meeting with Editor of Glenlyon News

03/02/2015 Meeting with Board Members of Daylesford Community Bank

CEO/Mayor’s meeting

Councillor briefings

04/02/2015 Hepburn Hub meeting, Daylesford Town Hall

05/02/2015 Meeting with Mary Anne Thomas, Member for Macedon re election commitments for Macedon

Attendance at launch of Daylesford & Macedon Ranges Visitor Guide, Mt Macedon

08/02/2015 Friends of Cornish Hill, discussion re budget proposal for pathway from playground to Cornish Hill

09/02/2015 Attendance and response to questions at Trentham Sustainability Group meeting


9


Constituents meetings re Hepburn Hub and re Trentham Hub

11/02/2015 Meeting with Hepburn Health Service re youth policy, domestic violence and other issues

13/02/2015 Creswick Primary School presentations to student leaders

14/02/2015 Birch Ward meeting

COUNCILLOR REPORTS

Councillor Greg May, Creswick Ward

One of the more rewarding council duties I have undertaken since my last Councillor Report was to visit the Newlyn Primary school to present the Hepburn Shire award and book voucher to Jessica Keays. Jessica was one of only a handful of students at Newlyn but the excitement and enthusiasm shown by such a small group at her winning this award was very satisfying.

Unlike many other small schools in our area, Newlyn remains open and is hopeful of increasing numbers in the next couple of years and so hopefully ensuring its survival.

I also attended a breakfast meeting in Creswick recently, attended by a number of Creswick and district business owners. The ‘Shop Local Creswick’ campaign is being initiated in an attempt to encourage local people to support their local businesses and build a stronger local business community. Monthly meetings are planned to enable networking amongst businesses and guest speakers are planned to update people on aspects of business which they may be less competent with, for example social media and effective advertising.

I have also attended a meeting in Smeaton recently organised by the Environmental Protection Agency (EPA) to discuss issues arising out of a number of complaints to the agency from some Smeaton residents about excessive noise from the Unigrain Mill. Representatives from the EPA addressed the meeting as well as representatives from Unigrain. The EPA spokesperson explained that comprehensive noise monitoring had been undertaken and issues were being worked through, in close co-operation with Unigrain and he believed that by the end of March this year all noise readings would be within specified limits and the mill would be compliant. The meeting was very well attended by Smeaton residents and several spoke in support of Unigrain, expressing that the mill was a very important part of the local community and economy, was a valued local employer and that the noise issues were possibly exaggerated by some. Although the opportunity was given by the meeting facilitator to complainants to address the meeting, nobody did.

10


Last week I attended a meeting of Cultivate Agribusiness Central Highlands – formerly known as CHAF (Central Highlands Agribusiness Forum).

Cultivate Agribusiness Central Highlands (CACH) remains a not for profit association whose aim is to assist agribusiness across the Central Highlands of Victoria.

CACH is undertaking or involved in a number of projects currently, including their demonstration farm at Mt Rowan, their ‘My Farm Store’ project and the Victorian Adaptation and Sustainability Partnership (VASP) project which involves State Government and Victorian Local Councils and is all about climate adaption and environmental sustainability.

There are also plans for a ‘Weather Station‘ project which is aiming to install weather monitoring equipment on CFA sheds throughout the region and potentially the state, to create an accessible data network so that residents can log in to find out what weather conditions might be headed their way.

Councillor Bill McClenaghan, Holcombe Ward

Madam Mayor, Councillors and Officers, welcome again to the old Glenlyon Shire Hall that is no longer required for municipal purposes since amalgamation with Daylesford in 1966. This Hall has been the local Community Hub for nearly fifty years.

On New Year’s Day, the Glenlyon Sports Club again staged the annual “New Year’s Day Family Sports Day” at the Glenlyon Reserve. The Reserve shone that day with well maintained grounds (thanks to our outdoor staff), a replacement oak tree where a big old tree was lost in a wind storm last year and a brand new children’s play ground with a secure perimeter fence.

New Year Sports Day is an Aussie tradition out here with good wholesome rural activities like woodchopping, gumboot tossing and a nail drive for ladies, children’s foot races, a “world mineral water drinking championship” and bullboar eating competition, the community brass band, the local pipe band and a horse race around the racetrack (the Glenlyon Cup) together with horse carriage driving, pony races and show jumping. Great fun, great day, great community.

Attendances were up this year, as was revenue. Almost $27,000 was raised by the Sports Day with over $7,000 raised by a local school that did the catering. Extra revenue again was raised by the local fire brigade. After paying expenses, last year’s Sports Day donated over $16,000 to local groups and worthy causes like the Royal Children’s Hospital. In the last 11 years, over $132,000 has been raised and given away and this year, about $17,000 may be given away from profits made.

Many local volunteers run this event on the day, doing various jobs like car parking and serving in the bar. However the day is organised by a committee of just four

11


local people, sadly now only three. No consultants, no advertising agencies and no event promoters are used; the four committee volunteers do everything. Council provides in-kind support but no cash like other events and festivals in the Shire receive. A magnificent effort each year.

Sadly the four organisers on the Committee are now reduced to only three after 27th January when the President of the last 28 years passed away after an extended illness. I would like to acknowledge the life, the work and community service contributed by Mr. Des Leonard, late of Glenlyon. The Glenlyon Sports Club has flourished through his 28 years as President and Des will be very, very hard to replace as community champions like him are indeed rare. Glenlyon has been blessed by having Des and his family living here.

Rest in Peace Des Leonard, Community Champion.

Councillor Pierre Niclas, Birch Ward

No report.

Councillor Neil Newitt, Cameron Ward

I have attended a number of events this month, many of which I have shared with my fellow Councillors. Cr McClenaghan, the CEO and I attended the Rural South Central Region MAV Forum yesterday. As previously discussed, the priority issue is addressing the State Government’s introduction of rates capping and how that will be rolled out to Council’s across the state.

Also, as Cr May mentioned, I attended along with Cr Henderson the meeting at Smeaton called by the EPA in response to noise issues emanating from the Unigrain site. Although there were some issues identified, quite clearly there is a process involved where those and issues are being dealt with by the management of Unigrain to the satisfaction of all and are well on their way to being resolved.

Australia Day this year started again with the traditional sunrise walk to Mount Beckworth with about 60-70 people in attendance - an increase on last year. The day ended with a BBQ and entertainment in Collins Place.

The Clunes Tourist and Development Association (CTDA) met last night and we had the opportunity to talk about the upcoming community plan which we are looking at reviewing with Council and the Clunes community.

We have also heard back on the latest Clunes Market report which is still be rolled out to commence in April this year. One of the things that were highlighted was that there is a facility for people who may be producers who wish to be part of the market

12


network to be trained on how they can be successfully accredited farmers’ market participants.

Finally, the other point discussed last night was the finalisation of the Jackaroo Tri-state Convention for Easter 2016, which I have mentioned before. The Convention has confirmed that all the venues have been booked and it’s well under way. The 180+ participants are expected to deliver over $35,000 benefit to the community of Clunes by way of purchases from local businesses.

Councillor Don Henderson, Creswick Ward

Madam Mayor, I have the privilege of informing you I spent a fair bit of time in the Creswick Visitor Information Centre giving them a bit of a hand. I was astounded by the number of people who came in from all over the country commending the work of our gardeners. They said they had never seen petunias and gardens look so good and they were surprised to see them in a small country town. I would hope that message would be passed on to our outdoor staff in Creswick.

Finally we see, after all these years, some sheds on site at the old Davies Bridge. As you know the bridge was a bit of a water block and actually contributed to flooding in Creswick. VicRoads have started that project, got the sheds on site so we will see some action over the next couple of months.

We have also seen works start on the area down at the old bowls site; the skate park and public space area as part of the Creswick Streetscape project.

Everything is happening in Creswick. We have works started on the Creswick Hub which will be a monumental building for Creswick. $700,000 to give Creswick a larger library – twice the size. We will actually have some toilets inside, a first for Creswick, which will replace the old outdoor toilets.

Also after 22 years of waiting, we will finally see the pedestrian bridge over Slaty Creek on the Dean Road. Preliminary works have started there.

I also had a meeting recently at the Forest Resort to discuss the plans that the local cycling people have got to attract some mountain biking to Creswick. This are really does fit well with mountain biking and if we can form a partnership with the local groups and the Novotel Forest Resort, this will be a good thing.

Just recently we had Miss Muddy and I got a bit excited because one of our staff reported this event brought in $4 million. After reviewing the figures, it only brought in a ‘miserable’ $1 million into the local economy which was a pretty good achievement. I was pretty happy with $1 million and would have been even happier with $4 million. For a first go, this event has been worthwhile.

13


There’s a lot happening in Creswick. I would like to thank my colleagues for being of the mind to approve some of these sites and our staff for getting the funding for these projects.

Councillor Sebastian Klein, Coliban Ward

It's been a quieter month this month with just events - namely:

• Australia Day in Trentham Town Square • Ward meeting • A meeting with the President of the Trentham Golf Club

• Along with a range of other meetings and requests or conversations with community members.

It seems that listening has been the running theme of my month – listening to divergent views on a number of issues, from various hubs through to waste management.

I look forward to listening more as it is good to see the Trentham FORUM refreshed with a meeting scheduled for this week.

I would like to thank the Mayor for noting that I was successful in being re-elected as President of the Victorian Local Governance Association for another year.

RECOMMENDATION

8.1 That Council receives and notes the Mayor’s and Councillors’ reports.

MOTION

8.1. That Council receives and notes the Mayor’s and Councillors’ reports.

Moved: Councillor Greg May Seconded: Councillor Sebastian Klein Carried.

14


9. PUBLIC PARTICIPATION TIME

This part of the Ordinary Meeting of Council allows for the tabling of petitions by Councillors and Officers and 30 minutes for the purpose of:

• Responding to questions that have been submitted by members of the community.

• Allowing members of the community to address Council.

Community members are invited to submit written questions to the Chief Executive Officer before 12 noon on the day of the Council Meeting. If you wish to address Council you must provide a brief synopsis of your address in writing to the Chief Executive Officer before 12 noon on the day of the Council Meeting.

If you are submitting a question, it is important to remember:

• Two questions per person, per meeting may be submitted. • If the question has multiple parts, each will be treated as a separate question. • A question may include an introduction of no more than 200 words. • Each meeting is allocated a maximum of up to 30 minutes for Public

Participation Time. • You need to be present in the public gallery at the meeting in order to ask

you question. • A time limit of three minutes for each question will apply but the time may be

extended at the discretion of the Chairperson.

Questions received may be taken on notice and responded to later. Likewise, some questions of an operational nature may be responded to through usual administrative procedure. Separate forums and Council processes are provided for deputations or for making submissions to Council.

9.1. PETITION – SAVE THE DAYLESFORD POOL (AND SURROUNDS)

SUMMARY

Council has received a Petition with 417 signatures from community members which states:

Save the Daylesford Pool (and Surrounds)

‘The petitioners whose names, addresses and signatures appear hereunder petition the Hepburn Shire Council as follows:

The proposed plans for the Hepburn Shire Hub are not acceptable. The Daylesford Memorial Pool site is an important community asset and should not be used for office space or a new library.

15


Withdraw the proposed plans and recommence community consultation’.

RECOMMENDATION

That Council:

9.1.1 Receives the Save the Daylesford Pool (and Surrounds) Petition requesting Council to withdraw the proposed Hepburn Community and Council Services Hub plans and recommence community consultation and notes that the petition lay on the table for one month.

9.1.2 Refers the petition to the Chief Executive Officer for preparation of a report for consideration at the March 2015 Council Meeting.

9.1.3 Advises the head petitioner of the above process.

MOTION

That Council:

9.1.1. Receives the Save the Daylesford Pool (and Surrounds) Petition requesting Council to withdraw the proposed Hepburn Community and Council Services Hub plans and recommence community consultation and notes that the petition lay on the table for one month.

9.1.2. Refers the petition to the Chief Executive Officer for preparation of a report for consideration at the March 2015 Council Meeting.

9.1.3. Advises the head petitioner of the above process.

Moved: Councillor Don Henderson Seconded: Councillor Neil Newitt Carried.

16


9.2. QUESTIONS

Question 1: From Mr Michael Sayn, Coomoora

All the outlying areas that currently don't get a rubbish pick up service are provided with tipping vouchers instead to dispose of their rubbish. If that gets changed to a rubbish pick up service instead, why should our rates go up? I could understand it if we were still going to get tipping vouchers, but isn't one just being replaced with another?

Answered by Mayor Councillor Kate Redwood

The proposed service extension does provide an improved level of service to a greater number of residents across the shire.

The improved reliability and increased convenience for waste and recycling collection also provides a more equitable service.

It is anticipated that the Waste Management Charge paid by all property owners will be reduced if the initiative proceeds, due to the reduced cost of tip vouchers. These savings are returned to property owners as occurred in 2013/14 and will partially offset the cost for the collection service.

Through the implementation of our Waste Management and Resource Recovery Strategy, Council aims to further increase recycling opportunities and would like to work with all residents to achieve this and minimise waste to landfill.

Question 2: From Mr Michael Sayn, Coomoora

My house is about 350 metres from the road. Not only is it an OH&S issue for me to wheel the bin all that way every fortnight, but if I were to leave the bin at the roadside as suggested by Council, not if but when the wind or dogs knock over the bins and there is rubbish strewn all over the roadway. Who will be responsible for cleaning this up?


All property owners are responsible to ensure their bins are secure and to remove any litter that spills from the bin.

17


Question 3: From Mr Ian Tinetti, Shepherds Flat

It was brought to my attention this morning that we could lose our ‘Tip Passes’. Cricket Willow has three homes of which I maintain as well as our business. We have developed an excellent recycling operation. Today I took 13 bins to our “Station”, one of which was rubbish. Since October, I have used two tickets. If I had a pick up with three properties, how is this fair? To place my so called rubbish once every eight weeks, I have to walk 200 metres down hill and back twice. What sort of organisation are we running; where is the incentive to do the right thing? We also whipper snip and slash Shepherds Flats road four times each year for fire reasons. We weed control the Jim Crow Creek along our boundaries. We organize “Clean Up Australia Day” hand picking our roads from Elevated Plains, Shepherds Flat and Basalt. Six generations of community help with no real thanks? Surveys mean nothing to me, y0u take my fire levy, my rates, now hope to take another $450 plus. Our tickets work fine.


Council acknowledges and certainly appreciates your efforts to minimize waste by recycling as you have indicated. Volunteers like you who take pride in keeping our districts clean on "Clean Up Australia Day" are also to be commended.

Perhaps there is an opportunity for Council to work with you to assist us in capitalising on other opportunities in our community.

In relation to multiple properties, Council's annual waste charges are applied equally to all (e.g. all properties with a dwelling), rather than based on whether multiples are owned by the same person. In relation to recycling, we too are seeking to encourage high levels of recycling. Properties with a kerbside service are able to sign up for multiple bins at one property, with a charge paid for each bin. This is an option if residents or businesses generate a large volume of recyclables.

Question 4: From Ms Liz Burns, Musk

Having spent the last two years asking questions about Council’s community consultation process, I now ask what is Council going to do about implementing real, effective community consultation?

18



Council undertakes community consultation in line with our Community Engagement Framework which incorporates the International Association of Public Participation’s (IAP2’s) model for community engagement.

Council is genuinely committed to listening to the community and the type of consultation is tailored for each project or service change proposal. We endeavour to provide a range of different opportunities for community input over the course of any project.

9.3. REQUESTS TO ADDRESS COUNCIL

Ms Cate Graceson addressed Council about the community campaign with regard to the Hepburn Hub and to update Council on the cross referenced signatories to the two petitions: Save the Daylesford Pool (and Surrounds) and the on-line Change.org petition – Save Our Pool.

19


10. STATUTORY PLANNING REPORTS

There were no Planning Applications for consideration at the February 2015 Council Meeting.

20


11. OFFICERS’ REPORTS

11.1. HEPBURN COMMUNITY AND COUNCIL SERVICES HUB - DESIGN AND CREATE UPDATE

CHIEF EXECUTIVE OFFICER

In providing this advice to Council as the General Manager Corporate Services, I Grant Schuster have no interests to disclose in this report.

PURPOSE

The purpose of this report is to update Council on progress with the Hepburn Community and Council Services Hub ('Hepburn Hub') Planning and Design Project, including a summary of consultation feedback and planned next steps.

BACKGROUND

In July 2013, Council was successful in gaining $150,000 in grant funding from the Victorian State Government for the planning and design phase for the Hepburn Community and Council Services Hub ('the Hepburn Hub') project. The project was approved as part of the 2013/14 Council Budget with a Council contribution of $100,000, resulting in a total budget of $250,000. The project seeks to improve services shire wide and integrate Council services to achieve cost savings and reduce Council's environmental impact.

The first phase 'Sites and Spaces' involved meetings with 13 key community and council groups, distribution of over 500 flyers, online information, over 200 attendees at a two day 'Sites and Spaces' community consultation event, five workshops and an online OurSay forum with 367 votes from 85 people. The outcomes from the 'Sites and Spaces' phase, taking into account all feedback, was presented at the 15 June 2014 ordinary meeting of Council. At that meeting, Council resolved to proceed to the concept design and detailed feasibility phase. The 'Design and Create' phase is currently in progress.

This phase involves developing and refining a concept plan. The concept is refined by taking into consideration all feedback received, as well as findings from detailed investigations and independent cost estimates.

ISSUE/DISCUSSION

In December 2014, Council commenced public consultation on the first concept design for the project. Feedback has been sought and received using a range of methods, including in-person discussions, hard copy feedback forms, emails, letters, Facebook and an online 'Change.org' petition.

21


Two public sessions were held to provide information, answer questions and receive feedback from the general public. In addition, a range of smaller focus sessions were held with key stakeholders, including the Visitor Information Centre volunteers. A number of community members who attended were supportive of the proposed community spaces, restoration of the Town Hall, larger library and the community space forecourt off Central Springs Road. A range of constructive feedback, including concerns, was received at these sessions with suggestions to further improve the concept plans.

In response to concerns with the first concept plans, in particular the toddlers' pool and green space, three additional drop-in consultation sessions have been held in January and February. These have allowed us to get a greater understanding of the concerns.

An online Change.org petition has been received by Council. The text of the online petition from https://www.change.org/p/hepburn-shire-council-save-our-pool is included in Attachment 1 As at 10 February 2015, the Change.org website stated that the petition had been 'supported' by 364 online users.

All of the feedback from the community has been recorded and will be used by Council and ClarkeHopkinsClarke Architects to refine and update the concept plans. This is the current focus for the project.

Revised plans will be shared and discussed with the community and key stakeholders in March. The plan is to publish a summary of feedback and concerns, together with the revised plans in The Advocate, online and in our service centres. This will be followed by a series of workshop sessions for community members to attend to discuss the revised plans and provide further feedback. The sessions will be in Daylesford, Creswick, Clunes and Trentham. Details of these sessions will be publicly advertised and also sent to stakeholders and community members who have provided their contact details throughout the project.

COUNCIL PLAN/LEGISLATIVE COMPLIANCE

Council Plan 2013:2017:

Strategic Objective – High Performing Organisation

Key Strategic Activity:

27. Review Council's future office accommodation needs with a view to improving service delivery, environmental efficiency and universal access while progressing the rationalisation of redundant Council assets.

Action: Implement the Hepburn Council Services and Community Hub Business Case and Design Project

22


FINANCIAL IMPLICATIONS

The planning, concept and detailed design phases of this project are funded in Council's budget by a combination of State Government funding –$150,000, and Council's contribution – $100,000.

RISK IMPLICATIONS

This project is significant and complex, and has project delivery risks that need to be managed. Consequently, a detailed risk management plan has been prepared. This plan is continually monitored, updated and is used to inform the actions taken throughout the process.

In addition, this project seeks to address a number of long standing risks to Council's operations, including:

• Non-compliance with access requirements (e.g. disability) for staff and members of the public resulting in legal liability and inability to use facilities

• Future escalating costs from having a number of assets to deliver the same services or assets that are not fit-for-purpose

• Libraries in Creswick and Daylesford that are too small to service the growing demand into the future resulting in a decrease in patronage

• Poor reputation of Council resulting from a low level of environmental sustainability performance of its buildings

ENVIRONMENTAL/SOCIAL/ECONOMIC IMPLICATIONS

The project seeks to achieve benefits across environmental, social and economic areas. The Hepburn Community and Council Services Hub will deliver improved Council services and community outcomes, will be more cost efficient for Council and its ratepayers, will be accessible to all and will demonstrate the highest levels of environmental sustainability.

COMMUNITY AND STAKEHOLDER ENGAGEMENT

This project has included a wide range of community engagement processes in order to understand community views and make changes to address them:

• Key stakeholder consultation – current facility issues and needs • Hepburn Hub website – project information, plans and comments • Community Event and Workshops – project information, displays and workshop

sessions and seeking input about concept plans • OurSay Forum - community ideas, comments and voting • Drop-in sessions and workshops - community ideas, comments and feedback

23


• Hard copy feedback forms with drop boxes at the Daylesford Town Hall and Daylesford Library

• Shire News, Facebook page and The Advocate - providing information and advising dates for consultation sessions

CONCLUSION

The Hepburn Hub first concept plans have generated significant community interest and provided a range of feedback. This feedback is essential to achieving a facility that meets the needs of our diverse community into the future and is being used to revise the concept plans. Revised concept plans will enable Council to continue the conversation and work towards a concept that balances the aims of this project.

OFFICER’S RECOMMENDATION

11.1.1 That Council notes the update on the Design and Create phase of the Hepburn Community and Council Services Hub project, including the next step of sharing and discussing revised concept plans with the community.

MOTION

11.1.1. That Council notes the update on the Design and Create phase of the Hepburn Community and Council Services Hub project, including the next step of sharing and discussing revised concept plans with the community.

Moved: Councillor Pierre Niclas Seconded: Councillor Sebastian Klein Carried.

24


ATTACHMENT 1 - EXTRACT OF ONLINE 'CHANGE.ORG' PETITION

25


SAVE OUR POOL

by Save Daylesford Pool "The Daylesford Pool is one of the few areas in Daylesford that can be used by young people and families – it provides a safe (informal) haven for the community on extreme heat/fire ban days. In a small country town like ours, there are only limited things that young people can do. A responsible and prudent Council should be taking steps to ensure that young people are given the opportunity to be occupied in healthy and safe activities, not removing or severely limiting one of the very few facilities that exist. The pool also provides families with low cost access to a sport and recreational facilities promoting social inclusion in our town. The removal of the grass area reduces the space available to parents/carers wanting to watch their children swim (a water safety necessity) and the many cricket games played by some of the older kids. Without the grass area the primary and secondary schools will be unable to hold their swimming carnivals in their own town – a direct impact on the access to sport and recreational activities for the children and young people of this community . The opportunity for parents/carers and other pool users to socialise in a relaxed environment should not be overlooked. It allows people to connect and to feel a sense of belonging which is vital in maintaining a strong community spirit.

Removing the toddler pool and replacing it with a wet play area in close proximity to the deep end is an accident waiting to happen. A splash play area is not a real alternative to a toddler pool where children are able to develop those pre-swimming skills and water confidence – our children deserve more not less particularly given the significant number of dams in our region.

I understand that when a new development is proposed that there will always be people who are not happy with the plans, but this is a proposal that strikes at the heart of our community and its future. The Council has already acknowledged that delivering projects that promote community health and well-being is a key objective - it is listed as one of the 5 key strategic objectives in the Hepburn Shire Council Plan, 2013 – 2017 - “Active and Engaged Communities”. The pool is used by many ratepayers and anything that reduces the ability of residents to use the pool cannot be allowed to happen. A temporary closure of the pool or the removal of the grass area will necessarily mean reduced access and will prevent Council from meeting its own objective of “Active and Engaged Communities”.

If the Council proceeds with this plan, it should do so in the knowledge that it will be strongly opposed by many ratepayers – the community that Council serves. Whilst the pool was built on land provided by the Council, the money to build the pool was raised by the local community. Council needs to respect the efforts of those people and its current residents’ needs. As ratepayers we will fight to ensure that our rates are used for the benefit of our community. I urge you as a

Councillor to rethink this plan, to vote against any plans to remove land from the pool and to make the interests of ratepayers your number one priority."

Extract from https://www.change.org/p/hepburn-shire-council-save-our-pool (on 10/02/2015)

26


11.2. KERBSIDE COLLECTION EXTENSION POLL RESULTS

GENERAL MANAGER INFRASTRUCTURE

In providing this advice to Council as the Sustainability Officer, I John van Rooden , have no interests to disclose in this report.

PURPOSE

The purpose of this report is to provide the results of a community survey completed to determine the level of support for extending kerbside waste and recyclables collection services and recommend proceeding with the service extension.

BACKGROUND

Extending waste and recyclables kerbside collection services to properties outside the main townships is an initiative of Council’s Waste Management and Resource Recovery Strategy 2014. Council aims to provide greater equity of service between residents across the Shire and deliver a convenient, reliable service. The service extension proposal aims to minimise waste sent to landfill, reduces environmental impacts and emissions and to provide cost effective waste management services more equitably across the shire.

ISSUE/DISCUSSION

As part of Council adopting in principle the Waste and Resource Recovery Strategy, community consultation is required to be undertaken prior to the extension of kerbside services into areas outside the main towns. Detailed proposals are also required to be prepared in each case and brought to Council prior to implementation.

Accordingly, Council undertook a community survey of 2,187 property owners in nine identified collection areas. The survey parameters were clearly established prior to the commencement of the survey and communicated as part of the process and include the following:

• Non response deemed to be a ‘yes’ vote • Require 65% support to recommend proceeding • No provision to opt in / out.

The service proposed is a fortnightly collection of 140 litre general waste bins and 240 litre recyclables bins to nominally commence 1 July 2015 and would replace the annual issuing of 12 ‘Tip Vouchers’ to the effected properties.

The poll was open from 3 November through to 31 December 2014. Some late responses were received and have been considered as part of the process.

27


An overall response rate of 59% was achieved. Overall the YES vote, inclusive of non-responses, amounted to 69% of properties polled and eight of the nine individual areas achieved greater than 65% support. The ninth area achieved 64.8% support. The detailed results are as tabulated below:

Total properties

Response rate

% support

Area 1 Broomfield, Allendale, Kingston and Smeaton

319 61.1% 74.3%

Area 2 Newlyn, Dean, Rocklyn, Blampied & Eganstown

331 55.1% 72.2%

Area 3 Sailors Falls – Leonards Hill

98 63.3% 65.3%

Area 4 Musk, Bullarto, Lyonville and Little Hampton

331 60.4% 67.1%

Area 5 Drummond, Denver and Spring Hill

294 57.5% 70.7%

Area 6 Glenlyon 142 61.3% 67.6%

Area 7 Coomoora, Wheatsheaf and Porcupine Ridge

340 58.8% 66.2%

Area 8 Franklinford, Shepherds Flat, Mt Franklin, Yandoit & Clydesdale

241 68.0% 68.5%

Area 9 Trentham East 91 49.5% 64.8%

Overall 2,187 59.6% 69.3%

Council received feedback from 55 property owners through the polling period. The most common issues raised were:

• Poor road access for heavy vehicles 10 responses • Perceived undemocratic polling process 7 responses • Not in poll area but would like the service 6 responses • Inability to pay for extra service 6 responses • Holiday home; see no value in service 6 responses.

As part of the implementation planning for the collection routes, there is likely to be scope to include additional properties that may be just outside the current designated areas.

28




Strategic Objective – Quality Community Infrastructure


11. Develop and implement the Waste Management Strategy with a focus on converting waste into opportunity through education, technology and innovation.


The cost of providing the extended kerbside collection service will be provided and charged on a cost recovery basis to the properties receiving the service. Other waste management costs are anticipated to reduce for the following reasons:

• Waste and recyclables transportation cost reduction from transfer stations • Reduced landfill disposal costs due to better waste segregation at the source • Potential reduction in transfer station operating costs.

RISK IMPLICATIONS

There is potential for increased damage to unsealed roads due to more frequent heavy vehicle movements. Waste collection services on heavily trafficked roads may introduce traffic hazards with frequent stopping. This will be managed as part of the safety procedures for collection vehicles.


Due to better segregation of waste at source and the convenience of kerbside recycling through the collection service, Council anticipates a reduced volume of waste will be sent to landfill. This in turn will minimise greenhouse gas emissions and disposal costs. The service will be more convenient and cost effective and provide greater equity of service to the identified areas.

Currently, a portion of the general waste management charge paid by all ratepayers subsidises the tip vouchers provided to some residential properties. Extending the kerbside service, as proposed, will reduce this cost for all ratepayers.


Affected property owners have been informed by mail of Council’s proposal to extend kerbside collection services and have had the opportunity through the consultation / survey process to indicate support for the proposal. Property owners will be advised by mail of Council’s determination.

29


CONCLUSION

The poll conducted to determine community support for the proposed extension of kerbside collection services achieved overall support of 69% and eight of the nine collection areas had support in excess of 65% with the ninth area achieving 64.8% support.

Given the overall support for the service extension, it is recommended that Council proceeds with kerbside collection service extensions for all nine collection areas surveyed.


That Council:

11.2.1 Proceeds with the extension of fortnightly waste and recyclables collection services in the nine identified collection areas as proposed.

11.2.2 Authorises officers to negotiate the collection extensions with the current service provider for implementation nominally on 1 July 2015.

11.2.3 Authorises officers to include additional properties where requested that may be on the fringe of the current collection areas and can be accommodated as part of finalising the collection routes with the contractor.

AMENDED OFFICER’S RECOMMENDATION

That Council:

11.2.1 Proceeds with the extension of fortnightly waste and recyclables collection services in the nine identified collection areas as proposed.

11.2.2 Authorises officers to negotiate the collection extensions with the current service provider for implementation nominally on 1 July 2015.

11.2.3 Authorises officers to include additional properties where requested that may be on the fringe of the current collection areas and can be accommodated as part of finalising the collection routes with the contractor.

11.2.4 Includes in its draft 2015/16 budget a declaration of the annual service charges for the collection and disposal of waste and recyclable refuse for properties in the nine identified collection areas in accordance with section 162 of the Local Government Act 1989.

30


MOTION

That Council:

11.2.1. Proceeds with the extension of fortnightly waste and recyclables collection services in the nine identified collection areas as proposed.

11.2.2. Authorises officers to negotiate the collection extensions with the current service provider for implementation nominally on 1 July 2015.

11.2.3. Authorises officers to include additional properties where requested that may be on the fringe of the current collection areas and can be accommodated as part of finalising the collection routes with the contractor.

11.2.4. Includes in its draft 2015/16 budget a declaration of the annual service charges for the collection and disposal of waste and recyclable refuse for properties in the nine identified collection areas in accordance with section 162 of the Local Government Act 1989.

Moved: Councillor Sebastian Klein Seconded: Councillor Neil Newitt

31


AMENDMENT

Addition to 11.2.1 by adding some modifications:

11.2.1. Proceeds with the extension of fortnightly waste and recyclables collection services in the nine identified collection areas as proposed with the following modifications:

11.2.1.1 Two free tip tickets be provided to all new service recipients instead of withdrawal of all free tip tickets.

11.2.1.2 The standard bin size shall be a 140 litre mobile garbage bin but the service recipients may opt to use a smaller mobile garbage bin for their needs and convenience.

11.2.1.3 New service recipients may opt for a larger 240 litre mobile garbage bin instead of the standard sized bin by paying a higher garbage charge for the larger fortnightly garbage collection.

And, adding an additional clause 11.2.5 to read:

11.2.5 Publishes the net savings to ratepayers and reductions in waste to landfill and any other benefits achieved as a result of extending the kerbside garbage and recycling service.

Moved: Councillor Bill McClenaghan Seconded: Councillor Don Henderson

Councillor Niclas raised a point of order that the amendment was not in accordance with section 8.7 of Local Law No 1 – Meeting Procedures 2014. The Mayor ruled to disallow the amendment.

32


AMENDMENT

Insert clause:

11.2.5. That Council allows two tip tickets to those who receive this new service.


PROCEDURAL MOTION

11.2.6. That the Motion be put to the meeting.

Moved: Councillor Don Henderson Seconded: Councillor Sebastian Klein Carried.

33


MOTION

That Council:

11.2.1. Proceeds with the extension of fortnightly waste and recyclables collection services in the nine identified collection areas as proposed.

11.2.2. Authorises officers to negotiate the collection extensions with the current service provider for implementation nominally on 1 July 2015.

11.2.3. Authorises officers to include additional properties where requested that may be on the fringe of the current collection areas and can be accommodated as part of finalising the collection routes with the contractor.

11.2.4. Includes in its draft 2015/16 budget a declaration of the annual service charges for the collection and disposal of waste and recyclable refuse for properties in the nine identified collection areas in accordance with section 162 of the Local Government Act 1989.

11.2.5. Allows two tip tickets to those who receive this new service.

Moved: Councillor Sebastian Klein Seconded: Councillor Neil Newitt Carried.

34


11.3. FINANCIAL REPORT - AS AT 31 DECEMBER 2014

GENERAL MANAGER CORPORATE SERVICES

In providing this advice to Council as the Manager Finance & IT, I Trafford Thompson have no interests to disclose in this report.

The purpose of this report is to present a summary of Council’s financial performance for the 2014/15 financial year up to 31 December 2014.

BACKGROUND

This report provides information on Council’s operating performance for the period 1 July 2014 to 31 December 2014 and compares it to the revised budget adopted by Council in January 2015.

ISSUE/DISCUSSION

Income Statement

The year-to-date (YTD) operating result is a $12 million surplus. This surplus is $2 million greater than the YTD budget.

This favourable variance is partially due to the phasing in the budget of some grant income.

The other key driver of the operating surplus being greater than budget is YTD spending which is $1.3 million under budget (employee benefits $0.5 million and materials $0.8 million).

Please refer to the Income Statement attached for full details.

Balance Sheet

Cash at 31 December 2014 totals $14.4 million.

Total debtors are $11.4 million comprising $2.4 million in non-rate debtors and $9 million in rate debtors. Of the $9 million in rate debtors, $0.5 million relates to rates and charges from prior years. This arrears balance has reduced by $0.7 million since 30 June 2014 due to debt collection activities.

Compared to a year ago, Council's loan balances have reduced by $0.8 million and are down to a total of $4.0 million. This change includes the additional $400,000 in loan repayments that Council made from savings in the 2013/14 financial year.

Please refer to the Balance Sheet attached for full details.

35


Capital Works Program

To date $3.3 million of the $11.7 million revised capital works budget for 2014/15 has been spent. In addition, $2.8 million has been committed to be spent via the purchasing process. Refer to Attachment 5 for project details.

COUNCIL PLAN / LEGISLATIVE COMPLIANCE

Under Section 138 of the Local Government Act 1989 a report comparing actual expenditure and revenue to budget must be presented at least quarterly to the Council in a meeting which is open to the public.


The reports attached provide the opportunity for review of Council’s financial position.

RISK IMPLICATIONS

The internal financial report is required to assist in decision making and ensure departments do not exceed their budget.

ENVIRONMENTAL / SOCIAL / ECONOMIC IMPLICATIONS

None noted.


As per the Hepburn Shire Community Engagement Framework, level 1 engagement has been undertaken. This information will be made available to the public via the minutes published on the Council’s website.

CONCLUSION

The report on the financial performance of Council for the six months from 1 July 2014 to 31 December 2014 is presented.


11.3.1 That Council receives and notes the Financial Report for the six months from 1 July 2014 to 31 December 2014.

36


MOTION

11.3.1. That Council receives and notes the Financial Report for the six months from 1 July 2014 to 31 December 2014.

Moved: Councillor Sebastian Klein Seconded: Councillor Neil Newitt Carried.

37


ATTACHMENT 2 - FINANCIAL REPORT AS AT 31 DECEMBER 2014

38

YTD Revised Budget

YTD Actual

2014/15 2014/15 $’000 $’000 $’000

Rates & charges 16,894 17,120 226 1%User Fees, Statutory fees & fines 697 627 (70) -10%Grants - Recurrent 3,010 3,038 28 1%Grants - Non recurrent 2,350 2,501 150 6%Contributions 41 147 106 258% 1

Other revenue 797 1,033 236 30% 2Total revenue 23,789 24,465 676 3%

Employee benefits 5,111 4,573 538 11% 3

Materials and services 4,516 3,803 713 16% 4

Bad and doubtful debts 53 68 (16) -30%Depreciation/amortisation 3,347 3,348 (0) 0%Finance costs 145 142 3 2%Other expenses 567 516 51 9%Total expenses 13,739 12,450 1,290 9%

Surplus (deficit) for the year 10,050 12,016 1,966 20%

4. Materials expense under budget due to expenditure for various non-capital projects being less progressed than budget.

2. Other revenue is greater than budget due to proceeds from asset sales, insurancereimbursements and timing differences for lease incomes.

Income StatementFor the period 1 July 2014 to 31 December 2014

Revenues from ordinary activities

Expenses from ordinary activities

VarianceYTD Budget to

YTD Actual

1. Contributions greater than budget due to the timing of receipts from Mt Prospect Tennis Assoc.($60K) and Lyonville Hall Committee ($42K) for contributions to works.

3. Employee benefits less than budgeted due to unfilled vacancies and savings achieved.

39

31/12/2014 Actual

31/12/2013 Actual

Cash flows from operating activities $’000 $’000 Receipts Rates & charges 8,646 7,943 Statutory & user fees and fines 627 665 Grants 5,049 4,335 1Other revenue 901 861 Interest 207 171

15,429 13,976 Payments Employee costs (4,397) (5,410) 2Materials & consumables (4,826) (5,659) 3Finance costs (156) (164) Other expenses (516) (548)

(9,895) (11,782) Net cash provided by operating activities 5,534 2,194

Cash flows from investing activitiesProceeds from property, plant and equipment 73 60Payments for property, plant and equipment (3,351) (5,524) 4Net cash used in investing activities (3,279) (5,464)

Cash flows from financing activities Proceeds from borrowings - 1,423 5Repayment of borrowings (158) (317) Net cash provided by (used in) financing activities (158) 1,106

Net decrease in cash & cash equivalents 2,097 (2,164)

Cash & cash equivalents at beginning of year 12,320 16,285

Cash & cash equivalents at end of period 14,417 14,198

For the period 1 July 2014 to 31 December 2014Cashflow Statement

1. The increase in Grant receipts this year is primarily due to favourable timing variances ($1.2M),offset by net a decrease in non-recurrent capital grants ($0.6M).

5. Whilst Council had budgeted to borrow $500,000 this financial year, under the Revised Budgetthis will no longer occur and Council will fund the projects via identified savings.

4. Payments for capital works are less than last year due to significant flood recovery works atthe same time last financial year.

3. Material expenses are down due to expenditure on projects being less progressed than budgetand Flood Office operational costs for the same period last financial year not incurred this year.

2. Employee costs are down compared to last year due to employee cost savings fromrestructures ($0.5M) and prior year movements in employee provisions & liabilities.

40

31/12/2014 Actual$000's

31/12/2013Actual$000's

AssetsCurrent assetsCash and cash equivalents 14,417 14,198 219 2%Trade and other receivables 11,392 11,369 23 0%Other Assets 21 28 (7) -24%Total current assets 25,830 25,596 234 1%

Non-current assetsFinancial assets - 250 (250) -100% 1Investments in associates accounted for using the equity method

- - - 0%

Property, plant and equipment, infrastructure 213,459 204,540 8,919 4% 2

Total non-current assets 213,459 204,790 8,669 4%Total assets 239,289 230,385 8,904 4%

LiabilitiesCurrent liabilitiesTrade and other payables (1,930) (1,155) (775) 67% 3Trust funds and deposits (913) (1,032) 119 -12% 4Provisions (1,940) (1,946) 6 0%Interest-bearing loans and borrowings (400) (1,694) 1,294 -76% 5Total current liabilities (5,183) (5,828) 645 -11%

Non-current liabilitiesProvisions (496) (525) 29 -5%Interest-bearing loans and borrowings (3,589) (3,048) (541) 18% 5Other Liabilities (152) (188) 36 -19%

Total non-current liabilities (4,237) (3,761) (476) 13%Total liabilities (9,420) (9,589) 169 -2%Net Assets 229,870 220,796 9,074 4%

EquityAccumulated surplus (132,463) (132,612) 149 0%Surplus YTD (12,016) (10,553) (1,463) 14% 6Reserves (85,391) (77,631) (7,760) 10% 7Total Equity (229,870) (220,796) (9,074) 4%

5. Loan balances decreased due to repayments and an additional $400K paid by Council to reduce debt fromsavings in the 2013-2014 financial year. Transfer of $1.4M from current to non-current liabilities to reflect LGFVProgram Trust Loan.

7. The increase is a result of adjustments at 30 June 2014 including the revaluation of some of Council's assets$7.8M.

Balance Sheet as at 31 December 2014

3. Trade and other payables is higher as a result of timing of payments.

6. Refer to comments in the income statement.

2. The increase is mainly due to a revaluation of Land, Buildings and Bridges being applied at 30 June 2014,which increased the overall value by $7.8M.

1. Financial asset (bank bill) matured August 2014, at which time it transferred to a current asset.

4. Trust funds have decreased due to the repayment of flood contract retentions.

VarianceYTD Budget to

YTD Actual

41


ATTACHMENT 3 - 2014/15 CAPITAL WORKS PROGRAM – AS AT 31 DECEMBER 2014

42

Y-T-D Spent to

Commitments as at

31/12/2014 31/12/2014

Project Number Capital Works or Project

YTD Spend + Commitment %

2014/2015 CAPITAL WORKS PROGRAM - FINANCIALS AS AT 31/12/2014

% SpentY-T-D

YTD Spend + Commitment

Revised Budget

Expenditure

ROADS & BRIDGESAsset Renewal

100 RESEAL PROGRAM $1,250,000 $56,147 $1,205,510 $1,261,657102 RESEAL PREPARATION PROGRAM $85,000 $109,910 $31 $109,941103 GRAVEL ROAD RESHEETING PROGRAM $550,000 $286,898 $74,348 $361,246110 WHEELERS BRIDGE $113,000 $1,759 $66,880 $68,639112 FOOTPATH RENEWAL $126,000 $40,519 $52,584 $93,103114 BRIDGE RENEWAL PROGRAM $1,093,000 $767,193 $53,046 $820,239129 + 405 DAYLESFORD STREETSCAPE $261,000 $160,681 $0 $160,681410 KERB & CHANNEL RENEWAL PROGRAM $125,000 $4,128 $129,354 $133,483411 SEALED PAVEMENT REHABILITATION / RENEWAL $2,068,000 $821,721 $738,874 $1,560,595463 ROAD SAFETY IMPROVEMENTS $60,000 $8,470 $23,600 $32,070

Total Asset Renewal $5,731,000 $2,257,426 39% $2,344,227 $4,601,654 80%Asset Expansion & Upgrade

468 NEWLYN FOOTPATH EXTENSION & CROSSING $15,000 $0 $0 $0469 JUBILEE CAR PARK $41,031 $7,856 $0 $7,856471 FOOTPATH EXPANSION PROGRAM $103,310 $28,626 $0 $28,626503 SUBURBAN STREET CLUNES UPGRADE $80,000 $721 $0 $721544 IMPLEMENTATION OF STREETSCAPE PLANS CLUNES $120,000 $0 $0 $0493 IMPLEMENTATION OF STREETSCAPE PLANS CRESWICK $200,000 $2,043 $0 $2,043

Total Asset Expansion & Upgrade $559,341 $39,246 5% $0 $39,246 5%New Assets

488 DESIGN & CONSTRUCTION OF PEDESTIAN BRIDGE HMSR $120,000 $10,478 $84,249 $94,727397 CRESWICK FLOOD MITIGATION $47,000 $0 $0 $0

CRESWICK FLOOD MITIGATION WORKS STAGE 2 $0 $0 $0 $0543 TRENTHAM STREETSCAPE IMPLEMENTATION $40,000 $0316 WOMBAT TRAIL STAGE 1 $35,000 $630 $25,690 $26,320499 + 437 SLATY CREEK PEDESTRIAN BRIDGE $120,000 $600 $0 $600

Total New Assets $362,000 $11,708 4% $109,939 $121,647 40%TOTAL ROADS AND BRIDGES $6,652,341 $2,308,380 34% $2,454,166 $4,762,547 70%RECREATIONAsset Renewal

122 PLAYGROUND RENEWAL $25,000 $29,656 $7,551 $37,207150 CALEMBEEN PARK CRESWICK TOWER RELOCATION $104,000 $0

TRENTHAM COMMUNITY FACILITIES IMPLEMENTATION $0 $47 $0 $47513 MOUNT PROSPECT TENNIS CLUB $150,000 $146,600 $80 $146,680467 LAKE DAYLESFORD IMPROVEMENTS STAGE 2 $40,000 $0 $0 $0465 MULTI PURPOSE FACILITY VIC PARK DAYLESFORD $250,000 $300 $0 $300466 BASIN RESERVE FACILITY IMPROVEMENTS $100,000 $0 $0 $0423 LIBRARY BOOK ASSET RENEWAL $53,000 $0 $0 $0470 NETBALL COURT RESURFACING CRESWICK $95,614 $0 $160 $160475 CRESWICK SKATE PARK DEVELOPMENT $0 $0 $0 $0227 + 228 CRESWICK BOWLING CLUB $225,000 $214,750 $0 $214,750

43

Y-T-D Spent to

Commitments as at

31/12/2014 31/12/2014




% SpentY-T-D


Revised Budget

Expenditure

483 BULLARTO COMMUNITY FACILITIES $22,000 $0 $0 $0509 CRICKET PITCH RENEWAL $15,000 $5,200 $0 $5,200516 NEWLYN NETBALL FACILITIES UPGRADE $114,725 $3,850 $0 $3,850414 HARD-COURT ANNUAL RENEWAL PROGRAM $0 $0 $0 $0432 TRENTHAM COMMUNITY FACILITIES REVIEW $25,000 $91 $0 $91311 HEPBURN NETBALL COURT $79,901 $550 $0 $550

Total Asset Renewal $1,299,240 $401,044 34% $7,791 $408,194 35%New Assets

490 STORAGE SHED GLENLYON RECREATION RESERVE $38,110 $17,650 $15,600 $33,250504 PUBLIC ART ACQUISITION $40,000 $0 $0 $0

Total New Assets $78,110 $17,650 23% $15,600 $33,250 43%TOTAL RECREATION $1,377,350 $418,693 33% $23,391 $441,444 35%

44

Y-T-D Spent to

Commitments as at

31/12/2014 31/12/2014




% SpentY-T-D


Revised Budget

Expenditure

LAND & BUILDINGSAsset Renewal

141 CAMERON COURT UNITS $589,000 $0 $0 $0287 BUILDING RENEWAL PROGRAM $454,450 $89,057 $134,750 $223,807435 HMSR CARETAKERS COTTAGE RENOVATION - LGIF $50,000 $0 $0 $0

438 LGIF - CLUNES BOTTLE MUSEUM REPAIRS & ASBESTOS REMOVAL $100,460 $460 $89,335 $89,795

472 CRESWICK LANDFILL PANS RESPONSE $140,000 $3,460 $2,948 $6,408514 CRESWICK HUB $671,000 $33,141 $7,535 $40,676

Total Asset Renewal $2,004,910 $126,118 15% $234,568 $360,686 44%Asset Expansion & Upgrade

477 COUNCIL DEPOT DIESEL STORAGE - BIODIESEL $26,000 $18,086 $160 $18,246505 COMMERCIAL KITCHEN DAYLESFORD TOWN HALL $0 $0 $0 $0485 CLUNES COMMUNITY CENTRE IMPROVEMENTS $20,000 $0 $0 $0455 LYONVILLE HALL UPGRADE $132,000 $125,193 $8,673 $133,866497 TRENTHAM COMMUNITY HUB $250,000 $0 $0 $0

Total Asset Expansion & Upgrade $428,000 $143,279 46% $160 $18,246 6%TOTAL LAND & BUILDINGS $2,432,910 $269,397 24% $234,728 $378,932 34%PLANT, EQUIPMENT & OTHERAsset Renewal

130/131 FLEET / PLANT REPLACEMENT $1,166,000 $330,604 $110,986 $441,590132 IT HARDWARE RENEWAL $47,000 $2,060 $0 $2,060412 TELEPHONY SYSTEM $36,000 $0 $0 $0

Total Asset Renewal $1,249,000 $332,664 27% $110,986 $443,650 36%New Assets

495 PORTABLE INSPECTION DEVICES $35,000 $1,819 $0 $1,819Total New Assets $35,000 $1,819 5% $0 $1,819 5%TOTAL PLANT, EQUIPMENT & OTHER $1,284,000 $334,483 26% $110,986 $445,469 35%

TOTAL CAPITAL WORKS 2014-15 $11,746,601 $3,330,954 32% $2,823,271 $6,028,392 57%

45


11.4. ROAD SAFETY CONCERNS - INTERSECTION OF RAGLAN STREET, EAST STREET AND DAYLESFORD-MALMSBURY ROAD, DAYLESORD


In providing this advice to Council as the General Manager Infrastructure, I Bruce Lucas have no interests to disclose in this report.

PURPOSE

The purpose of this report is to inform Council of the recent accident history at the intersection of Raglan Street, East Street and Daylesford-Malmsbury Road and to propose action to advocate VicRoads for changes.

BACKGROUND

Over an extended period, concerns have been raised with Council regarding road safety at the intersection of East Street, Raglan Street and Daylesford-Malmsbury Road (Midland Highway) Daylesford, which is also often referred to as the Farmers Arms corner.

This intersection falls under the management and control of VicRoads and Council officers have raised these concerns with VicRoads on a number of occasions. Council has generally been advised that with current funding arrangements and limited accident history, this site has not been identified as a priority compared to many other sites across the state.

ISSUE/DISCUSSION

During the first two weeks of February, there have been three accidents at this intersection. Two of these incidents were serious injury accidents requiring hospitalisation of vehicle occupants.

In light of the recent incidents, Council officers have again been in contact with VicRoads and have also received a number of queries regarding this intersection and requesting a road safety improvement treatment be implemented. As a result of the concerns raised by Victoria Police, our local community and the long standing concerns that exist, it is recommended that Council formally write to VicRoads advocating for road safety measures to be considered as a matter of priority.



Strategic Objective – High Performing Organisation

46



25. Respond to the changing needs of the Hepburn Shire Community through the provision of timely, targeted and relevant internal and external communications, including advocacy on behalf of the community for important community concerns, projects and initiatives.


There are no financial implications for Council in considering this item.

RISK IMPLICATIONS

Without road safety improvements being implemented to improve awareness of the intersection and the movement of vehicles through the intersection, there is significant concern that a more serious or fatal accident may occur.


There is wide spread community concern about the safety of this intersection which has been reported to Council over an extended period and has been previously raised with VicRoads.


Council has been contacted on many occasions by various community members expressing concerns relating to road safety at this intersection. In addition, more recent discussions have been had with Daylesford Police and VicRoads as the responsible authority.

CONCLUSION

Following a number of recent accidents at the intersection of Daylesford-Malmsbury Road, Raglan Street and East Street, Daylesford and the ongoing community concern regarding the safety of the intersection, it is recommended that Council writes to VicRoads to formally advocate for intersection improvement works to be prioritised.


11.4.1 That Council writes to VicRoads to express concerns regarding the recent accident history and the ongoing road safety concerns at the intersection of Daylesford-Malmsbury Road, Raglan Street and East Street, Daylesford highlighted over an extended period and advocates for prompt action to be taken to improve the safety of the intersection.

47


MOTION

11.4.1. That Council writes to VicRoads to express concerns regarding the recent accident history and the ongoing road safety concerns at the intersection of Daylesford-Malmsbury Road, Raglan Street and East Street, Daylesford highlighted over an extended period and advocates for prompt action to be taken to improve the safety of the intersection.


48


Councillor Bill McClenaghan declared that he does not have a Conflict of Interest in Agenda Item 11.5 - Application for Additional Electronic Gaming Machines at the Royal Hotel, Daylesford under the Local Government Act 1989 (the Act) in that he is not an owner or part owner of the Royal Hotel, not related to the owner, but he is the Royal Hotel’s contractor. Therefore, Councillor McClenaghan believes section 79B of the Act applies in this instance, that of a conflicting personal interest.

Councillor McClenaghan applied to Council for leave to be exempted from voting on this item.

PROCEDURAL MOTION

11.5.1. That Council grants leave to Councillor McClenaghan to be exempted from voting on Agenda Item 11.5 - Application for Additional Electronic Gaming Machines at the Royal Hotel, Daylesford due to a conflicting personal interest under section 79B of the Local Government Act 1989.

Moved: Councillor Don Henderson Seconded: Councillor Greg May Carried.

Councillor Bill McClenaghan left the meeting at 7:52 pm

11.5. APPLICATION FOR ADDITIONAL ELECTRONIC GAMING MACHINES AT THE ROYAL HOTEL, DAYLESFORD

GENERAL MANAGER COMMUNITY SERVICES

In providing this advice to Council as the General Manager Community Services, I Kathleen Brannigan, have no interests to disclose in this report

PURPOSE

The purpose of this report is for Council to consider making a submission to the Victorian Commission for Gambling and Liquor Regulation (VCGLR) to oppose the application by the Royal Hotel, Daylesford for an additional seven Electronic Gaming Machines (EGMs).

BACKGROUND

The Royal Hotel, Daylesford and the Daylesford Bowling Club are the only two venues in Hepburn Shire with EGMs. Gaming machine expenditure or losses in

49


Hepburn Shire in 2013/14 were $2,495,565 across 50 EGMs. Based on an adult population of 12,371, there are currently 4.04 EGMs per 1,000 adults in Hepburn Shire as at June 2014. In comparison with neighbouring councils, Mount Alexander Shire has 1.99 EGMs per 1,000 adults and Macedon Ranges 2.79 per 1,000 adults. City of Ballarat however had a higher rate at 8.40 EGMs per 1,000 adults.

Currently the Royal Hotel, Daylesford has 18 Electronic Gaming Machines (EGMs) and in 2013/14 gaming machine expenditure was $1,097,192. The Daylesford Bowling Club has 32 EGMs and in 2013/14 expenditure was $1,398,373.

The VCGLR calculates annual expenditure per adult in Hepburn Shire as $201.72. 1 This figure is derived by dividing EGM losses by total adult population.

ISSUE/DISCUSSION

The Royal Hotel has submitted an application to the VCGLR for an additional seven EGMs. As part of the application process, Council has the opportunity to make a submission to the VCGLR about the impact of the proposal on the local community and surrounding municipal districts.

According to the Gaming Regulation Act 2003, the VCGLR may only grant an application to increase the number of machines in an existing venue if it is satisfied that the 'net' economic and social impact of approval will 'not be detrimental' to the community. This presumes that there are positive and negative impacts of EGMs and that these need to be balanced. The VCGLR is not required to be satisfied that there is a 'net' positive economic and social impact only that the net impact will be either positive or neutral.

The social and economic impact assessment and expenditure report submitted with the applications contends that the additional seven EGMs will result in increased gaming expenditure at the hotel of approximately $225,697 in the first 12 months of operation. This is anticipated to comprise $153,084 of new gaming expenditure and $72,613 transferred from other existing gaming venues. Current losses (2013/14) equate to $49,911 per EGM in Hepburn Shire ($2,495,565.07/50 EGMs).

This report concludes that the ‘additional 7 electronic gaming machines will have a slightly positive social and economic impact on the local community and the Shire of Hepburn, noting that I would expect a significant portion of the gaming revenue to be derived from persons residing outside the Shire of Hepburn’.

However, the Productivity Commission found that accessibility to EGMs involves multiple dimensions including location of venues, number of machines and opening hours. Accessibility to venues contributes to higher gambling losses and there is a

1 Electronic Gaming Machine LGA Level Density and Expenditure, Victorian Commission for Gambling and Liquor Regulation

50


significant connection between greater geographic access to EGMs and greater prevalence of problem gambling.2


Not applicable.


Council cost will include staff time for the preparation of the social and economic impact assessment and submission for the VCGLR. The Royal Hotel proposes to contribute $10,500 per year to local community groups if the application is approved, an increase of $804 from current contribution ($9,696).

RISK IMPLICATIONS

The social and economic impact assessment identifies a risk of increased problem gambling with the proposed increase. EGMs are associated with a higher prevalence of problem gambling compared to other forms of gambling.3 As much as 60% of money lost on EGMs comes from problem and moderate risk gamblers. 4

Problem gambling imposes adverse health, emotional and financial impacts on the problem gambler and also their family, friends and colleagues. It also places demands on the provision of community and health services.


The applicant proposes that the revenue from the additional machines will allow the Hotel to undertake renovations that will improve the accommodation facilities to better cater for tourist demand and increase employment. In contrast, research undertaken by KPMG found that funds lost to EGMs cause a diversion of expenditure from retail, hospitality and other sectors of the economy, which has an opportunity cost for local businesses. 5

In addition, the job intensity (jobs per $million of spending) is estimated to be lower than other industry types:

EGM 3.2 jobs per million expenditure Retail 6.5 Liquor and beverages 8.3 Food and meals 20.2

2 Productivity Commission, Gambling: Productivity Commission Inquiry Report , Report no.50 2010 3 Productivity Commission, Australia's Gambling Industries: Inquiry Report, Report no. 10, 1999 4 Productivity Commission, Gambling: Productivity Commission Inquiry Report , Report no.50 2010 5 KPMG Consulting, Report of 1999 Longitudinal Community Impact Study: Main Report, 2000, KPMG Consulting

51


The application states that two additional staff will be employed at the Royal Hotel as a result of the additional EGMs.


Council has been provided with the opportunity to submit an economic and social impact assessment of the proposal to increase the number of EGMs at the Royal Hotel, Daylesford.

CONCLUSION

The application for additional gaming machines at the Royal Hotel, Daylesford has both positive and negative impacts for residents within Hepburn Shire Council. Given the potential for increased problem gambling, expenditure being diverted from other businesses and the possible impact on local residents, it is recommended that Council submit a social and economic impact assessment in response to this application.


11.5.1 Council prepares and submits a social and economic impact assessment to the Victorian Commission for Gambling and Liquor Regulation in response to the application for an additional seven Electronic Gaming Machines at the Royal Hotel, Daylesford.

52


MOTION

11.5.1. Council prepares and submits a social and economic impact assessment to the Victorian Commission for Gambling and Liquor Regulation in response to the application for an additional seven Electronic Gaming Machines at the Royal Hotel, Daylesford.

Moved: Councillor Neil Newitt Seconded: Councillor Sebastian Klein Carried.

Councillor Bill McClenaghan returned to the meeting at 8:00 pm

53


11.6. LICENCE RENEWAL – CRESWICK DISTRICT NEWS INCORPORATED – TO OCCUPY PARTS OF THE CRESWICK VISITOR INFORMATION CENTRE


In providing this advice to Council as he Property Officer, I Karen Ratcliffe have no interests to disclose in this report.

PURPOSE

The purpose of this report is to seek Council approval to renew the three year licence agreement between Council and Creswick District News Incorporated (CDN) at the Creswick Visitor Information Centre (VIC).

BACKGROUND

At the December 2011 Council Meeting, Council resolved to enter into a three year licence agreement for CDN to occupy part of the Creswick VIC, including the computer room.

The licence expired on 31 December 2014 and CDN has sought to have it renewed for a further three years.

ISSUE/DISCUSSION

CDN provide computer facilities and a range of computer and internet support services to the public as well as producing a free monthly newsletter, the “Creswick District News”. This newsletter is circulated throughout the town of Creswick and surrounding areas providing local community information.

There are also occasions where CDN volunteers support the operation of the Creswick VIC as an additional benefit of the license arrangement.

CDN is responsible for providing the following:

• Internet connection for the VIC computers; • Public computer and internet facilities on a minimum of two computers

and a printer at all times while the VIC is open to the public; and • An Annual Report to Council which includes information on the general

level of activity and maintenance at the VIC.

Council is responsible for providing the following:

• Access to the VIC at all times (including outside of public opening hours); • Electricity for use in the VIC; • Telephone connection for the specific purpose of providing computer

and internet facilities to the public, and preparing and publishing the Creswick District News;

54


• Heating and cooling in the VIC; • Access to shared toilet and kitchen facilities; • Cleaning of the VIC; and • Building insurance for the VIC.


This licence is granted under Councils powers in Section 190 of the Local Government Act 1989.

Council Policy 9: Council Owned & Controlled Property requires that appropriate written occupancy arrangements be in place to support good governance objectives and principles.


There are no significant financial implications regarding the granting of the new licence to CDN.

The annual licence fee of $104 per annum + GST for community based organisations must be paid.

RISK IMPLICATIONS

The licence requires a minimum public liability insurance of $20m be held by CDN with evidence of this and currency to be provided to Council.


Council recognises that CDN is an important conduit for local community information and computer services, and provides social connection and benefits for communities. No other implications are envisaged regarding the proposed licence.


Council officers have worked in conjunction with CDN regarding the proposed renewal of the licence.

CONCLUSION

A three year licence for Creswick and District News Incorporated to occupy part of the Creswick Visitor Information Centre is presented for Council’s approval.

55



That Council:

11.6.1 Grants a three year Council licence to Creswick and District News Incorporated to occupy part of the Creswick Visitor Information Centre in accordance with the attached licence document.

11.6.2 Authorises the Chief Executive Officer to sign the attached licence document for and on behalf of Council.

MOTION

That Council:

11.6.1. Grants a three year Council licence to Creswick and District News Incorporated to occupy part of the Creswick Visitor Information Centre in accordance with the attached licence document.

11.6.2. Authorises the Chief Executive Officer to sign the attached licence document for and on behalf of Council.

Moved: Councillor Greg May Seconded: Councillor Don Henderson Carried.

56


ATTACHMENT 4 - DRAFT THREE YEAR LICENCE – CRESWICK DISTRICT NEWS INCORPORATED

57

Hepburn Shire Council

LICENCE Local Government Act 1989 THIS LICENCE is granted by the Licensor to the Licensee and commences on the date set out in the Schedule. In consideration of the payment of the licence fee and the conditions contained in this Licence, the Licensor or a person authorised by the Licensor, at the request of the Licensee HEREBY AUTHORISES the Licensee to use the Licensed Premises described in the Schedule for the Specified Purposes set out in the Schedule. This Licence is subject to the provisions of the Local Government Act 1989 and Regulations or Local Laws of the Licensor thereunder, the Licence conditions attached and any statutory and other Special Conditions set out in the Schedule. ..................................................... For and on behalf of the Licensor Aaron van Egmond Chief Executive Officer The Licensee hereby agrees to accept and comply with the terms and conditions of this Licence ...................................................... For and on behalf of the Licensee Bob Orr President

1

58

INDEX

SCHEDULE

PLAN

LICENCE CONDITIONS

1 Grant

2 Licensee's Obligations (Positive) 2.1 Licence fee 2.2 Rates and Taxes 2.3 Indemnity 2.4 Public Liability Insurance 2.5 Maintenance, 2.6 Fire Protection Works 2.7 Condition at Termination 2.8 Notice of Defects and other matters 2.9 Compliance with Law 2.10 Arrears and Interest 2.11 Further Conditions

3 Licensee's Obligations (Negative) 3.1 Use of Licensed premises 3.2 Create nuisance 3.3 Allow rubbish 3.4 Hazardous Chemicals 3.5 Assignment 3.6 Licensor’s Entry 3.7 Void insurance 3.8 Erection of Improvements

4 General Conditions 4.1 Termination upon Default 4.2 Termination without Default 4.3 Ownership of Improvements 4.4 Licensee's Chattels 4.5 Licensor may remove and dispose of property 4.6 Licensor's Agents 4.7 Notices 4.8 Debt recovery 4.9 Additional Approvals

5 Definitions

6 Interpretations

2

59

SCHEDULE

ITEM 1 Licence Number: FOL/11/421 2 Licensor: Hepburn Shire Council ABN 76 845 763 535 3 Licensee: Creswick District News Inc. ABN 97 228 353 970 4 Licensee’s Address: PO Box 384, Creswick VIC 3633 5 Commencement Date: 1 January 2015 6 Term: 3 years 7 Licence fee: $104pa + GST 8 Payable: Annually in advance on 1 January 9 Reservation description: Part of the Creswick Visitor Information Centre

Building 10 Licensed Premises: The area of the Creswick Visitor Information

Centre, 41-43 Albert Street, Creswick VIC, specified in the Plan attached to this Licence

11 Area: Approximately 110 sq metres 12 Powers under which licence granted: Local Government Act 1989 13 Specified Purpose: Use of the Licensed Premises by the Licensee to

provide computer and internet facilities both as a paid service to the public and to prepare and publish the Creswick District News publication, and for activities associated with the production and distribution of Creswick District News.

14 Amount of Public Liability Insurance: $20m 15 Licensor Address: 76 Vincent Street, Daylesford, Vic 3460 16 Special Conditions: 16.1 For the purposes of this Licence it is acknowledged by the Licensor that the Licensed Premises

has been maintained by volunteers and if this Licence expires or is not to be replaced or the Specified Purpose ceases then despite Clause 2.7 the Licensee is only obliged but subject to 16.4 hereof to deliver back the Licensed Premises in, no worse condition than at 1 January 2015.

1

60

16.2 For the Specified Purpose it is acknowledged that the Licensee will erect or place on the Licensed Premises tables, chairs, partitions, network cabling, and other improvements. Prior to any erection or placement of any improvements of a permanent nature and in accordance with Clause 3.8 hereof the Licensee will submit to the Licensor a concept and design Plan for approval and once approved the Plan will be attached to and become a part of this Licence.

16.3 The Licensee will provide to the Licensor the following services:

• Internet connection for the Creswick Visitor Information Centre computers; and • Public computer and internet facilities on a minimum of two computers and a printer at all

times while the Visitor Information Centre is open to the public (which can be a fee based service, at a fee set and received by the Licensee). To enable this, the Computer Room (specified in the Plan attached to this Licence) is to be accessible to Visitor Information Centre staff and volunteers at all times while the Visitor Information Centre is open to the public.

16.4 The Licensor will provide to the Licensee the following services:

• Access to the Licenced Premises at all times (including outside of public opening hours); • Electricity for use in the Licenced Premises; • Telephone connection for use for the Specified Purpose; • Heating and cooling in the Licenced Premises; • Access to shared toilet and kitchen facilities; • Cleaning of the Licenced Premises; and • Building insurance for the Licenced Premises.

16.5 By 31 July each year during the Licence term the Licensee will provide to the Licensor an

Annual Report which includes information on the general level of activity and maintenance at the Licensed Premises.

16.6 Prior to the last three months of the term, the Specified Purpose will be evaluated using a

method agreed between the Licensor and Licensee. 16.7 Subject to the result of the evaluation of the Specified Purpose and the Licensee not being in

default of any condition in this Licence the Licensor will consider a request from the Licensee for a further or longer term of up to 5 years. Consent for a further term will not be unreasonably withheld and may be granted by a further Licence.

16.8 The Licensor and Licensee must endeavour to resolve any disputes through negotiation. If a

dispute cannot be resolved by negotiation after 90 days, the matter must be referred to an appropriate person for mediation and that person’s written determination must be made within a further 60 days and will bind the Licensor and Licensee.

2

61

LICENCE CONDITIONS 1 Grant

The rights conferred by this Licence are non-exclusive, do not create or confer upon the Licensee any tenancy or any estate or interest in or over the licensed premises or any part of it, and do not comprise or include any rights other than those granted or to which the Licensee is otherwise entitled by law.

2 Licensee's Obligations (Positive) The Licensee Hereby Covenants with the Licensor that during the term this Licensee it will:- 2.1 Licence fee

Duly and punctually pay or cause to be paid the licence fee to the Licensor at the payment address shown in Item 15 of the Schedule or as advised by the Licensor from time to time on the days and in the manner provided in Item 8 of the Schedule without demand, deduction, set-off or abatement.

2.2 Rates and Taxes 2.2.1 Duly and punctually pay to the Licensor at the same time and in the same manner as the licence

fee is payable to the Licensor (or as otherwise notified to the Licensee by the Licensor) under clause 2.1 above the amount of any GST payable on or in relation to this Licence and/or the rent payable thereunder or that becomes payable by the Licensor during the period covered by the licence fee.

2.3 Indemnity Indemnify the Licensor in respect of any claim or liability for property damage and/or injury or death of any person which arises directly or indirectly out of negligence, tort, contract, or breach of a statutory duty by the Licensee or any associated party consequential to the use or occupation of the licensed premises, including, but without restricting the generality of the foregoing, the pollution or contamination of land or water, and any costs, charges and expenses incurred in connection therewith.

2.4 Public Liability Insurance A public liability insurance policy over the licensed premises (providing no less limit of indemnity for any one occurrence during the policy period than the amount shown at Item 14 of the Schedule), which is endorsed (as follows), to note:

‘the Hepburn Shire Council, its servants, agents and employees in respect to providing indemnity for personal injury and/or property damage caused by an occurrence, and/or for breach of Professional duty arising out of the negligent acts, errors or omissions of the Licensee and/or its servants agents and employees. The endorsement and extension to the policy does not extend to negligent acts, errors or omissions of the Hepburn Shire Council (and others above mentioned), and is limited to the amount shown in Item 14 of the Schedule for any one occurrence.’

2.5 Maintenance 2.5.1 Throughout the term of this Licence and any overholding keep the licensed premises in good

order and condition and the improvements (if any) on it in good order and condition having regard to their condition at the commencement date or, if constructed or added to the licensed premises after the commencement date, at the date of such construction or addition as the case may be and in particular but without restricting the generality of the foregoing will:- 2.5.1.1 Remedy every default of which notice is given by the Licensor to the Licensee within

a reasonable time specified in the notice but in any event the time specified in the notice will not be less than 14 days.

2.6 Condition at Termination On expiry or prior determination of this Licence return the licensed premises to the Licensor in good order and condition and otherwise in accordance with the Licensee's obligations.

3

62

2.7 Notice of Defects and other matters 2.7.1 Give the Licensor prompt notice in writing of any accident to or defect in the licensed premises

and of any circumstances likely to cause any damage risk or hazard to the licensed premises or any person on it;

2.7.2 Give to the Licensor within 7 days of its receipt by the Licensee a true copy of every notice, proposal or order given, issued or made in respect of the licensed premises and full details of the circumstances of it;

2.7.3 Without delay take all necessary steps to comply with any notice, proposal or order referred to in paragraph 2.8.2 with which the Licensee is required to comply; and

2.7.4 At the request of the Licensor make or join with the Licensor in making such objections or representations against or in respect of any notice, proposal or order referred to in paragraph 2.8.2 as the Licensor deems expedient.

2.8 Compliance with Law Comply at the Licensee's cost with the provisions of all statutes, regulations, local laws and by-laws relating to the licensed premises and all lawful orders or direction made under them.

2.9 Arrears and Interest 2.10.1 Pay to the Licensor:-

2.10.1.1 on any moneys payable by the Licensee to the Licensor and outstanding for thirty (30) days or on any judgment for the Licensor in an action arising under the Licence, interest at the penalty rate of interest for the time being made payable under the Penalty Interest Rates Act 1983 computed from the date the moneys or judgment became payable until all moneys (including interest on them) are paid in full; and

2.10.1.2 on demand all the Licensor's legal costs and disbursements payable in respect of or in connection with any assignment of this Licence or under-licensing of the licensed premises, any surrender of this Licence, the giving of any consent by the Licensor or any failure by the Licensee to perform and observe this Licence, or any deed or other document executed in connection with this Licence.

2.10 Further Conditions Comply with the Special Conditions (if any) contained in Item 16 of the Schedule.

3 Licensee's Obligations (Negative) The Licensee Hereby Covenants with the Licensor that during the term the Licensee will not - 3.1 Use of Licensed premises

Use the licensed premises for any purpose other than the specified purpose referred to in Item 13 of the Schedule without first obtaining the Licensor's written consent which can be given or withheld at the absolute discretion of the Licensor or be given subject to conditions.

3.2 Create nuisance Do nor cause or permit to be done anything which constitutes an actionable nuisance, annoyance or disturbance to other persons lawfully entitled to use the licensed premises or to use any land in the vicinity or to occupiers of properties adjoining the licensed premises.

3.3 Allow rubbish Permit any refuse or rubbish to accumulate in or about the licensed premises.

3.4 Hazardous Chemicals Keep any hazardous materials on the premises without the Licensor's written consent save a reasonable quantity of any hazardous material which is normally used in any specified purpose actually carried on in or upon the premises and which is kept in compliance with the requirements of any authority charged with regulating the keeping of it.

3.5 Assignment Without first obtaining the written consent of the Licensor assign, under-license, mortgage, or charge this Licence or part with or share possession of the licensed premises or any part of it.

3.6 Licensor’s Entry 3.6.1 Prevent, attempt to prevent or in any other way hinder, obstruct or permit the hindrance or

obstruction of the Licensor or the Licensor’s employee or agent at any time from entering and remaining on the licensed premises either with or without motor vehicles or other equipment for any purpose and in particular, but without restricting the generality of the foregoing, for any of the following purposes:- 3.6.1.1 retaking or attempting to retake possession of the licensed premises; 3.6.1.2 inspection; or

4

63

3.6.1.3 any other lawful purpose. 3.7 Void insurance

Do or allow anything to be done which might result in any insurances relating to the licensed premises becoming void or voidable or which might increase the premium on any insurance.

3.8 Erection of Improvements Erect or permit the erection of any improvement on the licensed premises without the Licensor’s prior written approval, which can be given or withheld at the absolute discretion of the Licensor or be given subject to conditions.

4 General Conditions 4.1 Termination upon Default

If the Licensor is satisfied, after giving the Licensee a reasonable opportunity to be heard, that the Licensee has failed to comply with any terms or conditions of this Licence, the Licensor may declare and give notice to the Licensee that the Licence is cancelled, and upon cancellation the Licensee will not be entitled to any compensation whatsoever.

4.2 Termination without Default 4.2.1 In addition to and not in substitution for the power to cancel this Licence under clause 4.1, the

Licensor may by giving to the Licensee at least 90 days written notice to that effect cancel this Licence upon a date to be specified in that notice notwithstanding that there has been no breach by the Licensee of any term or condition of this Licence.

4.2.2 If the Licence is terminated under this clause the Licensee is entitled to receive and will be paid by the Licensor a refund of an amount of the licence fee paid.

4.2.3 The amount of refund will be determined by the Licensor on a pro rata basis, taking into account any period of the Licence remaining at the date of cancellation.

4.2.4 Except as provided in sub clause 4.2.2 above no compensation is payable in respect of the cancellation of the Licence.

4.3 Ownership of Improvements The Licensee acknowledges that all buildings and structures on the licensed premises at the date of commencement of this Licence and all new structural works (except for any Licensee's trade fixtures or fittings) and any additions or modifications to the existing or new buildings and structures carried out during the term of this Licence are and remain the property of the Licensor.

4.4 Licensee's Chattels 4.4.1 Except as provided in sub-clause 4.4.3 the Licensee's chattels remain the property of the

Licensee. 4.4.2 On the cancellation or expiration of this Licence the Licensee must, within a period of time

specified by the Licensor, remove all Licensee's chattels from the licensed premises and forthwith make good all damage caused to the licensed premises by the affixing, retention or removal of the Licensee's chattels to the satisfaction of the Licensor.

4.4.3 If the Licensee’s chattels are not removed at the end of the period of time specified under sub-clause 4.4.2, the Licensee’s chattels shall become the property of the Licensor.

4.5 Licensor may remove and dispose of Licensee’s chattels If this Licence expires, or is cancelled, the Licensor may at the end of the period of time specified under Clause 4.4.2 remove the Licensee’s chattels and store them at the Licensee’s expense without being liable to the Licensee for trespass, detinue, conversion or negligence. After storing them for at least one month, the Licensor may sell or dispose of them by auction, private sale, gift, distribution or otherwise and apply the net proceeds towards the payment of any moneys owed by the Licensee to the Licensor.

4.6 Licensor's Agents Every act or thing to be done, decision to be made or document to be signed pursuant to this Licence by the Licensor and not required by law to be done, made or signed by the Licensor personally may be done made or signed by any person or class of person to whom such power has been delegated by the Licensor.

4.7 Notices Any notice consent or demand or other communication to be served on or given to the Licensee by the Licensor under this Licence will be deemed to have been duly served or given if it is in writing signed by the Licensor and delivered or sent by pre paid post to the Licensee's address set out in Item 4 of the Schedule or to the latest address stated by the Licensee in any written communication with the Licensor.

4.8 Debt recovery All moneys payable by the Licensee to the Licensor under this Licence are recoverable from the Licensee as liquidated debts payable on demand.

5

64

5 Definitions

Unless inconsistent with the context or subject matter each word or phrase defined in this clause has the same meaning when used elsewhere in this Licence. "commencement date" means the date described in Item 5 of the Schedule and is the first day of the term; “GST” means a goods and services tax within the meaning of the A New Tax System (Goods and Services Tax) Act 1999. "hazardous material or chemical" includes gas, inflammable liquid, explosive substance, pesticide, herbicide, fertilizer and other chemicals; “improvement” includes building, dam, levee, channel, pipe, tap, sign, permanent fence, garden bed, or other structure and any addition to an existing improvement; "licensed premises" means the land and structures described in Item 10 of the Schedule and any improvements subsequently made; "Licence fee" means the licence fee described in Item 7 of the Schedule as varied during the term; "Licensee" means the person named in Item 3 of the Schedule and includes the permitted assigns and successors in law to a Licensee; "Licensor" means the Hepburn Shire Council; "person" includes a body corporate as well as an individual; “pest animals” has the same meaning as in the Catchment and Land Protection Act 1994; "rates and taxes" means all existing and future rates (including water by consumption and any special rates or levies) taxes, charges, tariffs, assessments, impositions and outgoings whatsoever now or at any time imposed, charged or assessed on or against the licensed premises or the Licensor or the Licensee or payable by the owner or occupier of the licensed premises; "schedule" means the schedule to this Licence; “sign” includes names, advertisements and notices; “soil” includes gravel, stone, salt, guano, shell, sand, loam and brick earth; "term" means the period of time set out in Item 6 of the Schedule, as and from the commencement date; “weeds” include noxious weeds within the meaning of the Catchment and Land Protection Act 1994 and prescribed flora within the meaning of the Flora and Fauna Guarantee Act 1988; "writing" includes typewriting, printing, photography, lithography and other modes of representing or reproducing words in a visible form and "written" has a corresponding meaning.

6 Interpretations 6.1 A reference importing the singular includes the plural and vice versa. 6.2 The index and headings are included for ease of reference and do not alter the interpretation of this

Licence. 6.3 If any day appointed or specified by this Licence falls on a Saturday, Sunday or a day appointed under the

Public Holidays Act 1993 as a holiday for the whole day the day so appointed or specified is deemed to be the first day succeeding the day appointed or specified which is not a Saturday, Sunday or day appointed as a holiday.

6.4 References to an Act of Parliament or a section or schedule of it shall be read as if the words "or any statutory modification or re-enactment thereof or substitution therefor" were added to the reference.

6.5 If the Licensee comprises more than one person, the covenants and agreements contained in this Licence shall be construed as having been entered into by, and are binding, both jointly and severally on all and each of the persons who constitute the Licensee.

6.6 References to clauses, sub-clauses and Items are references to clauses, sub-clauses and Items of this Licence respectively.

6

65

Plan - Licenced Premises

Aerial View

Licenced Premises - Creswick Visitor Information Centre

1

66


11.7. APPOINTMENT OF COMMITTEE MEMBERS TO THE LYONVILLE HALL SPECIAL COMMITTEE


In providing this advice to Council as the Governance and Corporate Support Officer, I Mary Dancuk have no interests to disclose in this report.

PURPOSE

The purpose of this report is to recommend to Council the appointment of two community members to the Lyonville Hall Special Committee.

BACKGROUND

In accordance with the current Instrument of Delegation, the Committee shall be comprised of at least seven community members.

The current Committee comprises of five community members.

ISSUE/DISCUSSION

At the Annual General Meeting of the Lyonville Hall Special Committee held on 21 October 2014, the meeting elected the following community members who have not been appointed by Council:

• Office bearer: Ms Dorothy Fuller, elected as Secretary. • Committee members: Ms Shirley Corneille, Mr Andrew Lim (term expired in

2013) and Ms Joanna Mason.

In addition, former secretary, Ms Jill Little resigned from the Committee as she was moving to Ballarat.

Council wrote to the abovementioned community members on 30 January 2015 inviting them to submit a formal application for membership to this special committee.

Council has received two formal nominations from Ms Dorothy Fuller and Ms Joanna Mason.

Ms Fuller’s application stated that she is an accomplished, results-driven professional with over 14 years experience in the pharmaceutical industry. Ms Fuller brings many strengths to the Committee including administrative, organisational and interpersonal.

Ms Mason’s application stated the she has a Bachelor of Social Science and over 13 years’ experience working in the community sector. Her skills, qualifications and experience in community development will be an asset to the Committee.

67



Local Government Act 1989 – Council has the power to appoint members to Special Committees of Council.


None identified.

RISK IMPLICATIONS

None identified.


No change to current arrangements.


In January 2015, Council wrote to the community members who were not appointed by Council inviting them apply for formal membership to the Lyonville Hall Special Committee.

CONCLUSION

The appointment of Ms Dorothy Fuller and Ms Joanna Mason to the Lyonville Hall Special Committee results in the committee meeting the minimum requirement for seven members.


That Council:

11.7.1 Appoints the following community members to the Lyonville Hall Special Committee for a period commencing Wednesday 18 February 2015 to Wednesday 31 August 2016:

• Ms Dorothy Fuller • Ms Joanna Mason.

11.7.2 Pursuant to section 81(2A) of the Local Government Act 1989, exempts the above Special Committee members from being required to submit a primary return or ordinary return.

11.7.3 Writes to the President of the Lyonville Hall Special Committee advising the current committee membership and the requirement to appoint a committee Secretary at its next committee meeting.

68


MOTION

That Council:

11.7.1. Appoints the following community members to the Lyonville Hall Special Committee for a period commencing Wednesday 18 February 2015 to Wednesday 31 August 2016:

• Ms Dorothy Fuller • Ms Joanna Mason.

11.7.2. Pursuant to section 81(2A) of the Local Government Act 1989, exempts the above Special Committee members from being required to submit a primary return or ordinary return.

11.7.3. Writes to the President of the Lyonville Hall Special Committee advising the current committee membership and the requirement to appoint a committee Secretary at its next committee meeting.

Moved: Councillor Sebastian Klein Seconded: Councillor Don Henderson Carried.

69


11.8. RECORD OF ASSEMBLIES OF COUNCILLORS



PURPOSE

The purpose of this report is for Council to receive and note Assemblies of Councillors.

BACKGROUND

The Local Government Act 1989 defines Assembly of Councillors as

…a meeting of an advisory committee of the Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be -

(a) the subject of a decision of the Council; or

(b) subject to the exercise of a function, duty of power of the Council that has been delegated to a person or committee –

but does not include a meeting of the Council, a special committee of the Council, as audit committee established under Section 139, a club, association, peak body, political party of other organisation.

ISSUE / DISCUSSION

The Local Government Act 1989 (as amended) requires the record of an Assembly of Councillors to be:

1. reported at an Ordinary Meeting of the Council; and 2. incorporated in the minutes of that Council Meeting.

For this purpose, the following records of Assemblies of Councillors are reported:

70


Assemblies of Councillors

Date Location Committee Name

2014

16 September 2014 Council Chamber, Daylesford International Women’s Day Advisory Committee

4 December 2014 Council Chamber, Daylesford International Women’s Day Advisory Committee

18 December 2014 Creswick RSL Municipal Emergency Management Planning Committee

2015

20 January 2015 Smeaton Community Centre Councillor/CEO Meeting

20 January 2015 Smeaton Community Centre Pre Council Meeting Briefing

21 January 2015 Council Chamber, Daylesford International Women’s Day Advisory Committee


Local Government Act 1989, Section 80A


Nil

RISK IMPLICATIONS

There are implications with regards to Council’s compliance with the Local Government Act 1989 (as amended) if written records of Councillor Assemblies are not reported to Council.


The inclusion of the attached record of Councillor Assemblies in the Council Agenda and their availability to the public will increase awareness of the activities of Council and could increase community involvement in decision making at Council level.


Using Council’s adopted Community Engagement Framework, International Public Participation Consultation, this report presents information via the Council Agenda.

71


CONCLUSION

Information provided for noting.


11.8.1 That Council receives and notes the Records of Assemblies of Councillors for the 16 September 2014, 4 December 2014, 18 December 2014 and the month of January 2015.

MOTION

11.8.1. That Council receives and notes the Records of Assemblies of Councillors for the 16 September 2014, 4 December 2014, 18 December 2014 and the month of January 2015.

Moved: Councillor Neil Newitt Seconded: Councillor Pierre Niclas Carried.

72


ATTACHMENT 5 - RECORDS OF ASSEMBLIES OF COUNCILLORS

73


12. COUNCIL SPECIAL COMMITTEES (SECTION 86)

12.1. MINUTES OF SPECIAL COMMITTEES (SECTION 86)



PURPOSE

The purpose of this report is for Council to note the minutes and recommendations from Council’s Special (Section 86) Committees.

BACKGROUND

Special committees are established by Council and their function and responsibilities outlined in an Instrument of Delegation. Under the Instrument of Delegation, special committees are required to maintain minutes of meetings held and provide a copy of the minutes to Council for review.

ISSUE/DISCUSSION

Please see listed below the minutes and other reports of Special Committees, as provided by the committees over the past month, for your information:

• Minutes from the Dean Recreation Reserve and Tennis Courts Special Committee – 6/11/2014.

These minutes have been previously provided to Councillors under a separate cover.

The following advice has been received by Council and is presented for Council to consider:

Creswick Museum Special Committee – Request for approval to:

1. De-accession the duplicate Imperial Weights and Measures set 2. Present the duplicate framed photograph of ‘HMAS Australia’ to

Creswick/Smeaton RSL.

(Please refer to attached letter dated 5 February 2015).


Nil


Nil

83


RISK IMPLICATIONS

Nil


Nil


Members of the community are represented on these committees.

CONCLUSION

Minutes and reports have been provided for noting.


That Council:

12.1.1 Receives and notes the minutes of the Special Committees (Section 86) which have been distributed under separate cover:


12.1.2 Grants approval to the Creswick Museum Special Committee to:

• De-accession the duplicate Imperial Weights and Measures set.

• Present the duplicate framed photograph of ‘HMAS Australia’ to the Creswick/Smeaton RSL.

84


MOTION

That Council:

12.1.1. Receives and notes the minutes of the Special Committees (Section 86) which have been distributed under separate cover:


12.1.2. Grants approval to the Creswick Museum Special Committee to:

• De-accession the duplicate Imperial Weights and Measures set.

• Present the duplicate framed photograph of ‘HMAS Australia’ to the Creswick/Smeaton RSL.


85


ATTACHMENT 6 - LETTER FROM THE CRESWICK MUSEUM SPECIAL COMMITTEE DATED 5 FEBRUARY 2015

86

Awarded Museum Australia (Vic) Archival Survival Award for Volunteer Run Museum for 2014

Thursday, 5 February 2015

The Mayor and Councillors, Hepburn Shire Daylesford Victoria DearCouncillors, At the Creswick Museum Committee of Management Meeting Monday, February 2nd 2015 it was discussed and proposed to seek approval to de-accession a duplicate set of Imperial weights and measures. The duplicate set has been stored in the Ladies Retiring Room, which with the proposed changes will become another gallery. They have been part of the Museum’s collection for many years and unfortunately we cannot be certain of their provenance. We know one set belonged to the Shire of Creswick but the second large box at one stage had a label indicating Shire of Wendouree. We know that to be wrong as there was no Shire of Wendouree, but there was the Shire of Ballarat with their office in Wendouree. According to our Museum Accreditation Collection Policy we should offer any items not required in the collection to another Museum/Historical Society. Before we can approach anothermuseum as indicated in the Museum’s Instrument of Delegation we require Council approval. Needless to say we have studied both sets of weights and have insured that we keep the set that is most complete.If agreeable by Council we would try to re-locate the set back to Ballarat or Learmonth. After discussions with Steve Millard, Acting Manager Strategic Asset Management, to insure that they are covered by the Council’s insurance, have arranged for future display at the Creswick Gold Battery items on loan for five years, with opportunity to extend the loan. Again we do not know the provenance of the whiffle plate, furnace tools and bellows.The loan documents were signed by John Chivers. The Museum has two framed photographs of the first flagship of the Australian Navy “HMAS Australia”. When the flagship was scuttled in compliance with the terms of the Washington Navy Treaty 1922 all Municipalities in Australia were presented with a framed photo using teak from the deck. The Museum possess two copies as in 1922 there was the Shire of Creswick and Borough of Creswick. We would like to present one to the Creswick/Smeaton RSL at the Patriotic Dinner from the Shire/Museum and

Creswick Museum (Special Committee of Management- Hepburn Council) 70 Albert Street, P.O. Box 412, Creswick 3363, Victoria. Tel: 5345 2845 E-mail: [email protected] Web site: www.creswickmuseum.org

87

therefore the second copy would be retained in our area. It needs some work undertaken before presenting it to the RSL, as at some stage it has suffered considerable water damaged but a new mount will fix that. Hoping for your approval to

• De-accession the Imperial Weights and Measures set • Present the duplicate framed copy of “HMAS Australia” to Creswick/Smeaton RSL

Thank you Yours sincerely M. Fullwood Secretary Creswick Museum - Special Committee of Management.

88


13. COUNCIL ADVISORY COMMITTEES

13.1. MINUTES OF ADVISORY COMMITTEES


In providing this advice to Council as the Governance and Corporate Support Officer, I Mary Dancuk, have no interests to disclose in this report.

PURPOSE

The purpose of this report is for Council to note the minutes received from Council’s Advisory Committees.

BACKGROUND

Advisory Committees are established by Council and their responsibilities outlined in Terms of Reference. Advisory Committees are required to maintain minutes of meetings held and provide a copy of the minutes to Council for review.

ISSUE/DISCUSSION

Please see listed below the minutes and other reports from Advisory Committees, as provided by the Committees over the past month, for your information:

• International Women’s Day Advisory Committee – 16/09/2014.


• Municipal Emergency Management Planning Committee – 19/12/2014.


These minutes have been provided to Councillors under separate cover.


Nil


Nil

RISK IMPLICATIONS

Nil


Nil

89



Members of the community are represented on these committees.

CONCLUSION

Minutes have been provided for noting.


13.1.1 That Council receives and notes the minutes of the following Advisory Committees which have been distributed under separate cover:


• International Women’s Day Advisory Committee – 4/12/2014



MOTION

13.1.1. That Council receives and notes the minutes of the following Advisory Committees which have been distributed under separate cover:


• International Women’s Day Advisory Committee – 4/12/2014



Moved: Councillor Greg May Seconded: Councillor Pierre Niclas Carried.

90


14. CONFIDENTIAL ITEMS

14.1. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC

That pursuant to the provisions of Section 89(2) of the Local Government Act 1989, the meeting be closed to the public in order to consider:

• (d) Contractual matters; and • (h) Any other matter which the Council or special committee considers would

prejudice the Council or any person.

RECOMMENDATION

That the meeting be closed to members of the public under Section 89(2) of the Local Government Act 1989, specifically the following sub-sections:

14.1.1 89(2)(d) Contractual matters:

Contract H501-2014 – Cleaning of Public Conveniences and Other Listed Facilities.

14.1.2 89(2)(h) Any other matter which the Council or Special Committee considers would prejudice the Council or any person.

MOTION

That the meeting be closed to members of the public under Section 89(2) of the Local Government Act 1989, specifically the following sub-sections:

14.1.1. 89(2)(d) Contractual matters;

Contract H501-2014 – Cleaning of Public Conveniences and Other Listed Facilities.

14.1.2. 89(2)(h) Any other matter which the Council or Special Committee considers would prejudice the Council or any person.


The Meeting Closed to Members of the Public at 8:07 pm

91


15. RE-OPENING OF MEETING TO PUBLIC

RECOMMENDATION

15.1.1 That Council, having considered the confidential items, re-opens the Meeting to members of the public.

MOTION

15.1. That Council, having considered the confidential items, re-opens the Meeting to members of the public.


The Meeting re-opened to Members of the Public at 8:12 pm.

In accordance with Council’s resolution, the following information is provided to the public on matters considered during the confidential section of the meeting.

14.2.1 That Council awards the Tender for Contract H501-2014 – Cleaning of Public Conveniences and Other Listed Facilities for a term of five years (2+2+1) commencing 1 April 2015 for the sum of $144,824 (excluding GST) per annum for the first year to Shining Knight Facility Services.

16. CLOSE OF MEETING

The Meeting closed at 8:13 pm.

92

ordinary meeting of council - shire of hepburn · ordinary meeting of council 17 february 2015 . 1....

Documents