ordinary meeting of council

129
Confirmed 20 March 2012………………………….Chairperson…………………………………………… MINUTES ORDINARY MEETING OF COUNCIL Tuesday, 21 February 2012 Held at Council Chambers, Swan Hill Town Hall Commencing at 7:00 PM COUNCIL: Cr JN Katis – Mayor Cr GW Norton Cr YA Jennings Cr LT McPhee Cr JD Quayle Cr WT Croft Cr GI Cruickshank

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Page 1: ORDINARY MEETING OF COUNCIL

Confirmed 20 March 2012………………………….Chairperson……………………………………………

MINUTES

ORDINARY MEETING OF COUNCIL

Tuesday, 21 February 2012

Held at Council Chambers, Swan Hill Town Hall

Commencing at 7:00 PM

COUNCIL: Cr JN Katis – Mayor Cr GW Norton Cr YA Jennings Cr LT McPhee Cr JD Quayle Cr WT Croft Cr GI Cruickshank

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Swan Hill Rural City Council Page 2 Minutes for Ordinary Meeting Of Council INDEX 21 February 2012

- 2 – Confirmed 20 March 2012……………………….Chairperson……………………………………………

SECTION A – PROCEDURAL MATTERS .................................................................. 4

RECEPTIONS AND READING OF PETITIONS, MEMORIALS, JOINT LETTERS AND DEPUTATIONS .................................................................................5

PE.12.1 SWAN HILL CLOCK TOWER PROJECT ...................................................5

CORRESPONDENCE...............................................................................................18

CO.12.1 CORRESPONDENCE ..............................................................................18

SECTION B – REPORTS..........................................................................................29

B.12.2 SWAN HILL CLOCK TOWER PROJECT .................................................29

B.12.3 NYAH WEST KINDERGARTEN-PLAYGROUP PROJECT......................33

B.12.4 MONTHLY BUILDING FIGURES FOR DECEMBER 2011 & JANUARY 2012 ........................................................................................38

B.12.5 2010/2011 QUALITY AND COST STANDARDS......................................42

B.12.6 DISPOSAL OF LAND -FORMER ROBINVALE GUIDE HALL SITE..........................................................................................................51

B.12.7 CASH BALANCES....................................................................................55

B.12.8 QUARTERLY REVIEW OF FINANCIAL PERFORMANCE AND FINANCIAL POSITION TO 31 DECEMBER 2011....................................59

B.12.9 SWAN HILL PLANNING SCHEME AMENDMENT C41 REPLACEMENT MURRAY RIVER BRIDGE PANEL REPORT ...............64

B.12.10 MURRAY RIVER GROUP OF COUNCILS DECEMBER 2011 MEETING .................................................................................................75

B.12.11 SWAN HILL RIVERFRONT ADVISORY COMMITTEE ............................79

B.12.12 APPLICATION FOR A-DOUBLE ACCESS COGHILL ROAD KENLEY ...................................................................................................85

B.12.13 ASSET NAMING SUB COMMITTEE MINUTES - 31 JANUARY 2012..........................................................................................................93

B.12.14 NAMING OF COBHAM AVENUE RESERVE.........................................100

B.12.15 TRANSFER OF PARCEL OF LAND - LAKE BAKER ROAD..................104

B.12.16 COUNCILLOR ASSEMBLIES - RECORD OF ATTENDANCE AND AGENDA ITEMS ............................................................................113

SECTION C – DECISIONS WHICH NEED ACTION/RATIFICATION .....................119

C.12.1 SIGN & SEAL REPORT .........................................................................119

SECTION D – NOTICES OF MOTION....................................................................122

D.12.1 MAINTENANCE OF FIRE PLUGS .........................................................122

SECTION F – URGENT ITEMS NOT INCLUDED IN AGENDA..............................124

SECTION G – TO CONSIDER & ORDER ON COUNCILLOR REPORTS..............124

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Swan Hill Rural City Council Page 3 Minutes for Ordinary Meeting Of Council INDEX 21 February 2012

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SECTION E – IN CAMERA ITEMS .........................................................................127

B.12.1 IN CAMERA CONSIDERATION OF CONFIDENTIAL REPORT............127

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Swan Hill Rural City Council Page 4 Minutes for Ordinary Meeting Of Council SECTION A – PROCEDURAL MATTERS 21 February 2012

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SECTION A – PROCEDURAL MATTERS

• Open The Mayor, Councillor John Katis assumed the Chair and declared the meeting open at 7.00pm. • Acknowledgement to Country The Mayor, Councillor John Katis read the Acknowledgement to Country. •••• Prayer The Chief Executive Officer, Dennis Hovenden read the prayer. • Apologies Nil

Recommendations

That the apologies be accepted.

• Confirmation of Minutes

1) Ordinary Meeting held on 13 December 2011

1/12 Resolved

MOVED Councillor Jennings

That the minutes be confirmed.

SECONDED Councillor Norton

The Motion was put and CARRIED • Declarations of Conflict of Interest The Chief Executive Officer, Dennis Hovenden, declared a conflict of interest in item B.12.1 – In Camera Consideration of a Confidential Report as the report is in regards to the Chief Executive Officers Performance Review. Mr Hovenden stated that he would leave the meeting during the item being heard and not take part in the debate or vote.

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Swan Hill Rural City Council Page 5

Minutes for Ordinary Meeting

PETITIONS 21 February 2012

- 5 – Confirmed 20 March 2012……………………….Chairperson……………………………………………

RECEPTIONS AND READING OF PETITIONS, MEMORIALS, JOINT LETTERS AND DEPUTATIONS

PE.12.1 SWAN HILL CLOCK TOWER PROJECT

A petition containing 231 names has been received by Council. It is a copy of the petition sent to the Community U Committee requesting that they cease work on the Swan Hill Clock Tower Project to allow for further consultation on the refurbishment of the Clock Tower. Whilst Council do not technically have to receive the petition, Councillors directed that the petition appear on the February 2012 Council Agenda and be accompanied by a report on the issue. Recommendation It is recommended that Council note the petition that was presented to the Community U Committee.

Attachments 1 Community U Committee-Clock Tower Petition

2/12Resolved

MOVED Councillor Cruickshank

That Council note the petition that was presented to the Community U Committee.

SECONDED Councillor McPhee

The Motion was put and CARRIED

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Attachment 1 Community U Committee-Clock Tower Petition

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Attachment 1 Community U Committee-Clock Tower Petition

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Attachment 1 Community U Committee-Clock Tower Petition

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Attachment 1 Community U Committee-Clock Tower Petition

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Attachment 1 Community U Committee-Clock Tower Petition

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Attachment 1 Community U Committee-Clock Tower Petition

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Attachment 1 Community U Committee-Clock Tower Petition

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Attachment 1 Community U Committee-Clock Tower Petition

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Attachment 1 Community U Committee-Clock Tower Petition

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Attachment 1 Community U Committee-Clock Tower Petition

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Swan Hill Rural City Council Page 16 Minutes for Ordinary Meeting Of Council SECTION A – PROCEDURAL MATTERS 21 February 2012

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3/12 Resolved

MOVED Councillor McPhee

That standing orders be suspended.

SECONDED Councillor Cruickshank

The Motion was put and CARRIED

•••• Public Question Time Tim Williams Asked why are Swan Hill residents and businesses being charged $81.50 per tonne at the Swan Hill Landfill for concrete disposal when the charge at the Robinvale Landfill is only $40 per tonne? Director Infrastructure, David Leahy responded that the charge is subject to levy. Asked why are Swan Hill residents and businesses being charged for Green Waste disposal at the Swan Hill Landfill when the Robinvale Landfill accepts Green Waste at no charge? Director Infrastructure, David Leahy took the question on notice. Asked why is the Robinvale Landfill not being managed in accordance with EPA Victoria’s Best Practice Guidelines (Landfill BPEM) siting design, operation and rehabilitation of landfills? Director Infrastructure, David Leahy responded that the Robinvale Landfill is not a licensed landfill therefore is not subject to those guidelines, he also took the question on notice for further explanation. Asked as of today’s date, how many residents have taken up Councils optional green waste collection service in Swan Hill? Director Infrastructure, David Leahy took the question on notice. Councillor Norton moved: That Mr Williams be allowed to ask further verbal questions at the meeting.

The Motion LAPSED.

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Swan Hill Rural City Council Page 17 Minutes for Ordinary Meeting Of Council SECTION A – PROCEDURAL MATTERS 21 February 2012

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4/12 Resolved

MOVED Councillor Croft

That Standing Orders be resumed.

SECONDED Councillor Quayle

The Motion was put and CARRIED

5/12 Resolved

MOVED Councillor McPhee

That the meeting be adjourned for five minutes.

SECONDED Councillor Jennings

The Motion was put and CARRIED

The meeting was adjourned at 7.11pm. 6/12 Resolved

MOVED Councillor Cruickshank

That the Meeting be resumed.

SECONDED Councillor McPhee

The Motion was put and CARRIED

The meeting resumed at 7.16pm.

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Minutes for Ordinary Meeting

CORRESPONDENCE 21 February 2012

- 18 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

CORRESPONDENCE CO.12.1 CORRESPONDENCE

MINISTERIAL & GOVERNMENT OFFICES INCOMING (as attached)

• Jeanette Powell, Minister for Local Government re: Premiers Reading Challenge Book Fund.

• Hugh Delahunty MP, Minister for Sport and Recreation re: sustainable Sports Grounds Program.

• Hon Terry Mulder MP, Minister for Public Transport re: Central Murray Regional Transport Strategy (Victoria and New South Wales).

• Hon. Peter Walsh MLA, Minister for Agriculture and Food Security and Minister for Water re: Provision of Natural Gas

• The Hon Gladys Berejiklian MP, Minister for Transport re: North West Victoria- South West NSW Regional Transport Strategy 2011.

• Andrew McIntosh MP, Minister for Crime Prevention re: Community Safety Fund Grant Program.

• John Williams MP, Member for Murray-Darling The Nationals’ Whip re: Central Murray Regional Transport Study.

• Tony Windsor MP, Member for New England re: Natural Gas Feasibility Study North West Victoria and Southern Riverina New South Wales.

MINISTERIAL & GOVERNMENT OFFICES OUTGOING

• Mr Colin Morrision, Director Governance and Funding Programs re: Review of Local Government Long Service Leave Regulations 2002.

• The Hon Jeanette Powell, Minister for Local Government re: review of Local Government Long Service Leave regulations 2002.

• The Hon Peter Walsh, Member for Swan Hill re: Skilled Migration Program. • Ms Kate Foy, Acting General Manager Customer Service Transport for NSW

re: Central Murray Regional Transport Study. • Mr John Williams MP, Member for Murray Darling re: Central Murray Regional

Transport Study. • The Hon Robert Clark, Attorney General re: Swan Hill Judicial Precinct. • The Hon Peter Ryan, Minister for Regional Development re: North West

Victorian Motor Sports Feasibility Study-Chisholm Reserve Swan Hill. • Senator Barnaby Joyce, Shadow Minister for Regional Development, Local

Government and Water re: Regional Australia • Ms Jane Brockington, Executive Commissioner, Victorian Commission for

Gambling Regulations re: response to application for additional gaming machines for Robinvale Golf Club.

• Jeanette Powell MP, Minister for Local Government re: 2012 Ministerial Mayor’s Advisory Panel.

• Ms Jenny Dawson, Loddon Mallee Regional Development Australia

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Minutes for Ordinary Meeting

CORRESPONDENCE 21 February 2012

- 19 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

Committee re: Meeting with Swan Hill Rural City Council • The Hon Peter Walsh MLA, Member for Swan Hill re: Firewood Collection

Roadsides. • Mr Rob Spence, CEO, Municipal Association of Victoria re: MAV Draft

submission to the Victorian Government 2012-13 State Budget.

Recommendation That the correspondence be accepted.

Attachments 1 Inward Correspondence Feb 2012 7/12 Resolved

MOVED Councillor McPhee

That the correspondence be accepted.

SECONDED Councillor Jennings

The Motion was put and CARRIED

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Attachment 1 Inward Correspondence Feb 2012

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Attachment 1 Inward Correspondence Feb 2012

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Attachment 1 Inward Correspondence Feb 2012

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Attachment 1 Inward Correspondence Feb 2012

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Attachment 1 Inward Correspondence Feb 2012

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Attachment 1 Inward Correspondence Feb 2012

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Attachment 1 Inward Correspondence Feb 2012

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Attachment 1 Inward Correspondence Feb 2012

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Attachment 1 Inward Correspondence Feb 2012

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Minutes for Ordinary Meeting

SECTION B - REPORTS 21 February 2012

- 29 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

SECTION B – REPORTS

B.12.2 SWAN HILL CLOCK TOWER PROJECT Source: Procedural Department: Chief Executive File Number: 79-82-87

Summary

The purpose of this report is to:- • Provide comment on the issues contained in the petition received from

members of the community opposed to the Swan Hill Clock Tower Project. • Provide details of the process undertaken by the Community U Committee to

determine the final design works for the Swan Hill Clock Project.

Council Plan Strategy Addressed

Infrastructure - Council seeks to ensure appropriate infrastructure to continue our economic growth

Recommendations

It is recommended that Council:

1. Note the contents of the report.

2. Reconfirms its position that it believes that the Community U Committee have followed correct process including allowing sufficient consultation on the project.

3. Advise the organisers of the petition that Council will not stop the proposed works.

Policy Implications

Nil Financial and Resource Implications

Council has allocated funds to repair the mechanism for the clock and has noted that the community U Committee has raised $57,000 for the project. Triple Bottom Line Impact

Nil

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Minutes for Ordinary Meeting

SECTION B - REPORTS 21 February 2012

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Background

Over the past couple of years there has been considerable debate about the future of and appearance of the Swan Hill Clock Tower. The Clock Tower has been picked up and discussed as a part of the Swan Hill CBD redevelopment and has been included in the Swan Hill Community Planning forums as a project to be addressed. As a result of this interest a Community U Committee was established to look at refurbishment options for the Clock Tower. There was a wide variety of consultations undertaken involving groups such as:-

• Lions • Rotary • College Students • BPW • Probus • General Community

which assisted in the development of the final concept plans. The Committee used these concepts to develop the documents that were then used to go through the formal submission process from people, or companies interested in undertaking the work. The Committee followed a proper process and evaluated submissions received before making a final decision on the design to be adopted. The Committee also kept authorities such as Council and VicRoads informed and sought their advice. Finally the committee sought the endorsement of the Council for the project at its December 2011 meeting which was subsequently given by Council. Council were advised at that meeting of the committees fund raising activities they had undertaken to meet the project costs and council agreed to provide a contribution to the project only in the event of a shortfall and to a maximum level of $15,000. Issues With the release of the project and its design came community debate and ultimately receipt of the petition by the Community U Committee and now Council. It must be said that there was a variety of views expressed in the debate both in favour and against the clock tower design.

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SECTION B - REPORTS 21 February 2012

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The petition wanted the clock tower halted for a number of reasons detailed below. 1. Proposed design is eyesore.

Comment: The design is open to interpretation and not everyone will agree with it. The Community U Committee have in their design tried to capture images of our community together with appropriate themes.

2. Very little community, cultural, heritage and art input. The Committee has consulted widely to gain input and the project has been reported on to allow for people to make comment throughout the process.

3. Rushed through too quickly The Committee has worked on the project for a ten month period and has consulted widely.

4. It is only in the best interests of a few stakeholders. The Committee has been made up of a wide cross section of stakeholders and the wider general community has been involved through the community planning process. The committee has in the final design tried to capture as many elements of our community as possible.

5. A town landmark should not be used for commercial purposes. Again this is an opinion that is not shared by all. The images portrayed are landmarks within our community that we should be proud of. Community groups will be able to use the base of the clock tower to promote events with this signage not a permanent display. On balance the issues in the petition have been adequately addressed by the Committee.

Consultation There has been widespread discussion on the project and the Committee has afforded anyone the opportunity to make comment. Options The project can proceed as planned or Council could stop the process. Conclusion Previously Council has considered that the Community U Committee has in fact followed due process and consulted widely. Whilst some from within the community might not like the final design this should not be seen as sufficient reason to halt the project. The Swan Hill Clock Tower needs to be refurbished and plans for the second stage of this project (land behind the clock tower) need to be now considered.

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Minutes for Ordinary Meeting

SECTION B - REPORTS 21 February 2012

- 32 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

Attachments Nil. 8/12 Resolved

MOVED Councillor Cruickshank

That Council:

1. Note the contents of the report.

2. Reconfirms its position that it believes that the Community U Committee have followed correct process including allowing sufficient consultation on the project.

3. Advise the organisers of the petition that Council will not stop the proposed works.

SECONDED Councillor Croft

The Motion was put and CARRIED

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Minutes for Ordinary Meeting

SECTION B - REPORTS 21 February 2012

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B.12.3 NYAH WEST KINDERGARTEN-PLAYGROUP PROJECT Source: Procedural Department: Community and Cultural Services File Number: 20-03-00

Summary

This report outlines the background to the project to renovate the Nyah West Kindergarten building, allowing integration of key early childhood services in Nyah district, which will provide positive outcomes in an area identified as very highly-ranked in many indicators of social disadvantage.

Council Plan Strategy Addressed

Facilitate and provide services for health and wellbeing - Council will provide or facilitate a range of services that maintain community health, and provide opportunities and infrastructure that contribute to the educational, recreational, cultural and leisure needs of our community

Recommendations

It is recommended that Council:

1. Note the contents of this report.

2. Re-scope the project to ensure estimated costs are accurate.

3. Seek the support of local member Peter Walsh to organise an urgent delegation seeking State Government contribution to the project.

4. Subject to the outcome of the delegation, refer further discussions to Council’s Major Projects process.

5. Continue to engage with the Nyah district community in relation to this project.

Policy Implications

This project also addresses Council’s asset Management priorities of co-locating conducive services. Financial and Resource Implications

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Minutes for Ordinary Meeting

SECTION B - REPORTS 21 February 2012

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Council’s Four Year Major Projects Plan currently contains a Council allocation of $30,000 towards the project. Significant officer time and some resources have been spent on the development of project scopes and building designs. Council’s ultimate decision on further action with this project will determine any further financial implications. Triple Bottom Line Impact

There are very positive social outcomes for the Nyah district community, by integration of three key early childhood services in the one location, and nearby the Primary School. The designs for the renovations include environmental initiatives in line with Council’s priorities to minimise power and water usage. The economic impact will be reduced if external funding is successfully obtained for the project. Background

The condition of the Playgroup building in Nyah was raised in mid-2007, when it was clear that the building needed in excess of $50,000 or works to meet various safety requirements. Community and Cultural Services was asked to meet with the group about their plans, as the Playgroup only met for 3 hours per week, and one other group used it for a further hour. Meetings were held with the Playgroup members on site, and it was clear that the building itself was already too small for any expansion for additional usage. During these discussions, the Playgroup members mentioned the Nyah West Kindergarten as having plenty of space, and as membership was comprised of similar families, this was explored further. Subsequent meeting were held at the Kindergarten site, including the Kinder teacher and members of the Kinder committee, and the Playgroup members. The community members of both groups agreed that moving the Playgroup in with the Kindergarten made sense, and it was positive that this idea came from that collective group, not Council staff. Further discussions in early 2009 led to the two groups doing their own surveys of families in Nyah and Nyah West, indicating the numbers who would be using both services.

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SECTION B - REPORTS 21 February 2012

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It was noted around this time that consolidation of the Playgroup, Kindergarten and even the Maternal and Child Health services on the one site would assist in addressing Council’s asset management issues, allowing the decommissioning of two buildings, being the Murray Valley Highway Playgroup building, and the MCH building in Nyah West. Council allocated resources from the Buildings and Properties budget to work on plans, which were completed during 2009, and subsequent meetings were held with both parties at the Kinder, which included Buildings staff. This was to make final changes to the plans drawn up by FCH. These plans were then costed at somewhere between $230,000 and $273,000, depending on various options available. Internal meetings were held between Community and Cultural Services staff and Buildings/Properties during early 2010 and an application for State Government Children’s Capital Grant funding was prepared during that period, with the application submitted in March 2010 by Loddon Mallee Preschool Association (LMPA) who is the kindergarten license holder. Council was notified in July 20120 that this application was unsuccessful. A subsequent application for the next round of grants was submitted in early September 2010, following feedback from DEECD Bendigo office staff, and revised and refined information. Issues

Once again, Council was notified (October 2010) that this second application was also unsuccessful, and interestingly there were no successful applications in the northern section of the Loddon Mallee region. The license holder for the kindergarten, LMPA, indicated they were not supportive of this application nor further applications for Children’s Capital Grants, as they believed there were other buildings in the southern part of the Loddon Mallee region that needed the funding. The process was further delayed, as Council officers redeveloped the application in preparation for the second round of grants, which were due in November 2010 with anticipated closing date in February 2011. The change of government at the 2010 State election led to a review of the grants programs, and a delay of almost exactly one year. The latest round of grants opening in late November and due to close late next month. The government review also led to a change of criteria to reflect the Universal Access initiative, whereby kindergarten/pre-schools will move from 10 to 15 hours per week of operation by 2013. This effectively means that there are no eligible projects in the Swan Hill Rural City Council, from any of the kindergarten and childcare services. Recent studies undertaken by Council and consultants on behalf

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Minutes for Ordinary Meeting

SECTION B - REPORTS 21 February 2012

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of DEECD have shown that no kindergartens in the LGA will have capacity issues resulting from the 10-15 hours increase. This was reiterated by direct feedback from DEECD at a pre-grant application forum in Bendigo in December 2011, which confirmed the Nyah West project would not fit the guidelines for the 2011-2012 Children’s Capital Grants program. Childcare and early childhood development require the same level of focus that regional DEECD, and relevant Ministers and MP’s have demonstrated with a greater focus on other infrastructure projects. Consultation

Various meetings and discussions with stakeholders from both the Playgroup and Kindergarten, Maternal and Child Health staff, and Loddon Mallee Preschool Association were held between early 2008 and mid-2010. The groups themselves also conducted their own surveys of their community, and actively engaged with families. The Director met with representatives of the Kindergarten, one of the Playgroups, and a storytime group, who all appreciated the work which has already taken place. They provided some more detail of what groups are operating and how they’re working together, and asked how they could assist Council in any way. There are now two playgroups, where are looking to merge into one, a storytime group, kinder gym, in addition to the Kindergarten itself, which operates Thursdays and Fridays, with an additional day in 2013. Currently there are in excess of 30 children and 18 families directly attending the services either on site or nearby in the park depending on the weather conditions. Options

Council can decide on the recommendations presented; they can adopt, alter or move new motions as they see fit. Conclusion

There are very positive social outcomes for the Nyah district community, by integration of three key early childhood services in the one location, and nearby the Primary School. The various groups using the facility are working together as well as can be expected, but the renovation of the section in question will allow for more integration and flexibility of services to better serve the Nyah district community.

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SECTION B - REPORTS 21 February 2012

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Attachments Nil. 9/12 Resolved

MOVED Councillor Norton

That Council:

1. Note the contents of this report.

2. Re-scope the project to ensure estimated costs are accurate.

3. Seek the support of local member Peter Walsh to organise an urgent delegation seeking State Government contribution to the project.

4. Subject to the outcome of the delegation, refer further discussions to Council’s Major Projects process.

5. Continue to engage with the Nyah district community in relation to this project.

SECONDED Councillor McPhee

The Motion was put and CARRIED

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Minutes for Ordinary Meeting

SECTION B - REPORTS 21 February 2012

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B.12.4 MONTHLY BUILDING FIGURES FOR DECEMBER 2011 & JANUARY 2012

Source: Procedural Department: Development and Planning File Number: 13-05-01

Summary

Monthly Building figures for December 2011 & January 2012

Council Plan Strategy Addressed

Developing open community relationships - Council seeks to achieve greater community inclusiveness and understanding of Council’s operations and decisions

Recommendations

It is recommended that Council note the Building figures for December 2011 & January 2012 and the Year to Date comparisons as reported.

Policy Implications

Nil Financial and Resource Implications

Nil Triple Bottom Line Impact

Nil

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SECTION B - REPORTS 21 February 2012

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Background

December - Comparisons

2010 2011

TYPE NO.OF VALUE NO.OF VALUE

Dwelling 9 2,748,597.00 1 230,000.00 Dwelling additions 6 553,914.00 8 77,200.00 Unit Developments 0 *(0) 0.00 0 *(0) 0.00 Shops 1 8,000.00 0 0.00 Offices 2 716,608.00 1 20,000.00 Warehouses 0 0.00 0 0.00 Factories 2 252,390.00 0 0.00 Public Buildings 2 6,872,460.00 0 0.00 OutBuildings 13 251,719.00 5 70,177.00 Other 4 45,562.00 3 41,530.00

Total 39 $11,449,250.00 18 $438,907.00 *( ) denotes total number of Dwelling Units Year to Date – Comparisons

1/01/2010 to 30/12/2010 1/01/2011 to 30/12/2011

TYPE NO.OF VALUE NO.OF VALUE

Dwelling 91 23,451,873.00 72 17,126,992.00 Dwelling additions 66 3,385,386.00 87 2,279,438.00 Unit Developments 10 *(30) 4,383,105.00 5 *(12) 2,074,316.00 Shops 9 537,600.00 11 1,327,033.00 Offices 10 2,080,898.00 7 1,270,160.00 Warehouses 9 1,430,474.00 7 656,500.00 Factories 14 2,363,510.00 10 480,020.00 Public Buildings 25 16,199,748.00 19 3,640,329.00 OutBuildings 156 3,310,947.00 108 1,947,474.00 Other 80 1,263,205.00 54 940,378.00

Total 470 $58,406,746.00 380 $31,742,641.00 *( ) denotes total number of Dwelling Units

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Background

January - Comparisons

2011 2012

TYPE NO.OF VALUE NO.OF VALUE

Dwelling 2 485,000.00 8 1,842,680.00 Dwelling additions 5 66,600.00 9 444,755.00 Unit Developments 0 *(0) 0.00 0 *(0) 0.00 Shops 1 9,000.00 1 40,000.00 Offices 1 73,340.00 0 0.00 Warehouses 1 259,000.00 0 0.00 Factories 3 120,000.00 0 0.00 Public Buildings 1 577,973.00 5 2,119,649.00 OutBuildings 2 23,500.00 8 176,692.00 Other 3 43,600.00 4 74,475.00

Total 19 $1,658,013.00 35 $4,698,251.00 *( ) denotes total number of Dwelling Units Issues

Nil Consultation

Nil Options

Nil Conclusion

Nil

Attachments Nil.

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10/12 Resolved

MOVED Councillor McPhee

That Council note the Building figures for December 2011 & January 2012 and the Year to Date comparisons as reported.

SECONDED Councillor Croft

The Motion was put and CARRIED

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B.12.5 2010/2011 QUALITY AND COST STANDARDS Source: Procedural Department: Corporate Services File Number: 42-49-00

Summary

A requirement of the Best Value sections of the Local Government Act 1989 is the setting of quality and cost standards for all Council services, and annual reporting against these standards to the community. This report contains the actual performance for all Council services against the quality and cost targets set for 2010/2011.

Council Plan Strategy Addressed

Responsible management of resources - Council will continually improve the management of its finances, assets, systems and technology to achieve and maintain Best Value in its operations

Recommendations

It is recommended that Council note the contents of this report.

Policy Implications

Nil Financial and Resource Implications

Nil Triple Bottom Line Impact

The variety of Council’s programs has a positive social, Environmental and Economic Impact on the municipality. Background

The Local Government Act 1989 requires Council to review all sections of its operations to ensure that the services provided to the community represent ‘Best Value’. Best Value requires that quality and cost standards be developed for each service. The standards assist the community in determining whether a service is effective

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(quality) and efficient (cost). Quality and Cost standards and targets are prepared for each service and reviewed on an annual basis. Issues

This is the fifth year that all ten service groups, consisting of 78 programs, report against their identified standards. The attached report details the targets set for these programs for 2010/2011, the actual performances achieved, and explanations where these vary and the targets for 2011/12. There are a total of 239 quality and cost standards against which the ten service groups are reporting. A summary of achievements for the year is set out in the following table.

Number of Quality and Cost Standards

Service Group

Exceeded Achieved Not

Achieved

Not

Applicable

for 2010/2011

Total

Transport Services (Pg2) 11 4 3 0 18

Family and Children’s Services (Pg 5) 1 3 4 0 8

Economic Prosperity (Pg 7) 2 8 4 0 14

Aged & Disability (Pg 10) 4 5 5 0 14

Community Wellbeing (Pg 12) 6 4 9 0 19

Waste Management (Pg15) 4 8 2 2 16

Community Amenity (Pg 17) 11 3 3 0 17

Recreation, Culture & Leisure Services (Pg 20) 16 13 22 0 51

Organisational Support (Pg 27) 34 23 7 2 66

Leadership & Governance (Pg 36) 7 4 4 1 16

Total 96 75 63 5 239

Achieved in 2010/11 40% 31.5% 26.5% 2% 100%

Achieved in 2009/10 34% 33% 21% 12% 100%

Exceeded: The actual quality and/or cost standard surpassed the target. Achieved: The actual quality and/or cost standard was met. Not Achieved: The actual quality and/or cost standard was below the target. Not Applicable: The target is unable to be calculated as the measurement no

longer exists.

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Sixty-three quality and cost standards (26.5%) were not achieved in 2010/11. Some level of non-achievement will always be present due to factors beyond Council control, such as unseasonable weather or changes to funding arrangements on the part of State or Federal governments. The flood event was also a major factor in targets not being achieved. Reasons for non-achievement of the estimates are: Transport Services

Footpaths • Due to the flood event in January/February the concrete team was unable to

complete all requests within Council’s intervention levels as they were involved in emergency management.

Roads • Due to the flood event in January/February Council was unable to complete all

requests within Council’s intervention levels as they were involved with emergency management.

• Due to the flood event in January/February causing water damage to roads, Council received a higher than usual number of complaints regarding sealed roads.

Family and Children’s Services Family Day Care • Subject to family eligibility for CCB and CCR.

Maternal & Child Health • Maternal and Child Health is an optional service and while all families are offered an

initial home visit, a small percentage of families choose not to enrol with the service. • Numbers of births increased during 2010/11 therefore the service was busier with

younger babies and children. • The cost of each consult to Council exceeded the target due to the increase in births,

increase in the complexity of families and a continuous increase in numbers of culturally and linguistically diverse families.

Economic Prosperity Economic Development Unit • The Swan Hill Region Information Centre suffered a large decline in assistance it

provided to visitors during the January/February flood event. With one of the major inroads to the region cut for a significant period coupled with extensive metropolitan news courage about the regions flood treat and its inaccessibility, it was only nature that visitor numbers to the region were going to be affected. While the decline was most significant throughout the January/February period the affects were felt throughout the region for many more months. So much so that extensive marketing

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campaigns were developed and executed inviting and informing visitors that we were ‘open for business’.

Caravan Parks • Unbudgeted Capital Expenditure associated with the replacement of the Amenities

Block, the writing off of an outstanding debt and lack of income at the Lake Boga Caravan Park resulted in the cost standard not being achieved.

Tower Hill Estate • A slight down turn in sales towards the end of the financial year resulted in the quality

standards not being achieved.

Aged and Disability Services

• Increasing numbers of clients entering our service system are deemed high needs, and priority for review of new and existing clients is prioritised from high needs to low needs.

• Budgeted to provide 3,700 hours. Actual provision was 4,100 hours. Additional $17,500 in travel costs to support clients.

• Expenditure included $1,485 associated with flood support. Cost per HACC client is $10.58.

• Asset renewal – Air conditioning at the Swan hill Senior Citizens Centre via the Building Program.

Community Well Being Statutory Planning • Planning permit numbers have remained static and below the number of applications

estimated to be received during 2010/11. Permit numbers remain below the long term average and this may be attributable to the economic slowdown in developmental activity. Operational costs increased by 9.7% Income received in 2010/11was down 24% ($25,000) Permit numbers for 2010/11 was estimated at 150. Actual permit figures were 123. Given the above increase in planning departmental operational costs, decline in income and drop in permit numbers, this has attributed to the net operational cost increase to Council per permit of $431.

Building Department • Net cost to Council per permit increased in 2010/11 as a result of the reduced levels

of building activity and reduced building permit fee income.

Regulatory Services • The number of suitable dogs for re-homing decreased throughout the year resulting

in a decrease in animal adoptions .

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• Number of registered animals 3901, inclusive of unpaid registrations. Additional costs incurred for the purchase of new buoys for Lake Boga and the development and purchase of the prototype dog lifter.

Parking Control & School Crossings • $9118.00 of subsidy received in 2010/11 relates to the previous year. Excluding that

income from the figures would have resulted in a cost per site of $3161.00 which is consistent and $600 below the targeted figure.

• Existing parking meter technology has become outdated and unreliable. This has had a significant impact on the revenue received on paid car parking spaces.

Public Health • The New Food Act requirements have meant all food premises must now utilise new

Food Safety Programs. Food premises are still being educated about these requirements.

• A portion of the food samples were investigations of high risk food preparation equipment. This resulted in a higher number of failed samples.

• Two staff members returned from maternity leave part time. During this time a temporary Environmental Health Officer continued to complete the backfill of work caused by the New Food Act for five months.

Waste Management Landfill • New waste contracts for both Swan Hill and Robinvale were implemented.

Community Amenity

Urban Streetscapes • An increase in vandalism on street trees has resulted in council purchasing mature

trees which limits the number of trees purchased. • With good rains urban trees under power lines had significant growth resulting in a lot

more cuts. Public Lighting • There were no additional light poles installed due to cost of upgrading lights or

existing poles.

Recreation Culture and Leisure Indoor Sports Facilities & Swimming Pools • Visitor numbers and users of indoor sports facilities/swimming pools fell short due to

weather variances. • Decrease in attendance numbers for the Robinvale Leisure Centre due to

unfavourable weather conditions over the pool season and a shorter than usual basketball season.

• Costs associated with the indoor sports facilities/swimming pools increased slightly due to the decrease in patronage.

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Art Gallery • The closure of the Gallery due to the January floods, and the floods in general,

impacted on visitor numbers and therefore net cost per visitor.

Arts (Performing) • This decrease is a result of two factors:

o Environmental - the flood greatly reduced the community’s disposable income so tickets sales dropped .

o Over programmed season - there was double the number of usual shows programmed in this financial year, this resulted in a higher than expected attendance with some but a drastic reduction in others because of the lack of disposable income.

Regional Library • The floods in January/February affected visitor numbers to the library and the mobile

library was unable to access some stops for several weeks. • Wi-Fi access became available in the Swan Hill Library so some customers are now

using their own Wi-Fi devices rather than the Library computers. • Target calculation was based on expected number of visits, as this was down the

cost per visit slightly increased.

Pioneer Settlement • Drop in visitor numbers due to flooding in January. • Net cost includes additional capital funding for the redevelopment of the Pioneer

Settlement.

Community Centres and Swan Hill Town Hall • Target was based on increased usage over previous years. The increase in usage

appears to have now levelled out. • The number of times the venue was used was slightly less than expected; therefore

the number of attendees was also less. This number is taken from bookings only. It does not include meetings, training sessions etc.

• A slight increase in cost due to fewer usages than expected. • Number of people using the venue was less than expected; therefore cost per person

was slightly higher.

Organisational Support Robinvale Resource Centre Customer Service • The Country Fire Authority relocated to the newly built premises. The Loddon Mallee

housing Group relocated to the next door building .

Information & Technology Services • Due to a lightning strike the hard disk on the Authority server was down for a full 24

hours.

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• Unrealistic service level agreement goals were in place. These have now been aligned to suit current staffing levels.

Information Management • Competing priorities from various projects depleted the time available to conduct a

review during 2010/11.

Commercial Services and Risk Management • Council experienced a higher than expected number of WorkCover claims. • Higher motor vehicle insurance costs resulted in the cost standard not being

achieved.

Leadership and Governance Council • Incorrect target set. The target for 2010/11 should have been <2.12%. If this had

been in place the target would have been exceeded.

Community Facilitation Unit • A complete review of the user group agreements was conducted and several users

were no longer required or had ceased their occupancy. Next year’s target has been lowered to reflect this.

Media & Events Unit • Due to the flood event in January the target was not achieved as resources were

diverted. • The community newsletter was not distributed in January as planned due to the

floods. New targets have been established for the 2011/2012 Quality and Cost Standards to reflect current conditions and to maintain the relevancy of the standards Consultation

Best Value quality and cost standards have been reviewed in consultation with the staff responsible for each service. Options

Not applicable Conclusion

The Quality and Cost Standard are set to challenge the organisation to perform better each year. The reporting process provides Council with the opportunity to identify areas for improvement in order to better tailor resources to the needs of the community. It is prepared with the view that the community can rightly expect an improvement in these services over time, whilst taking into account resource

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constraints that are likely to limit the extent of services that can be provided. While variation is likely to occur, these measures are set to challenge Council and are used as a tool that is supportive of our ongoing service delivery. The report is a formal record of the performance of Council services against the Best Value Quality and Cost Standards targets for 2010/2011, and new standards have been set for the 2011/2012 reporting year. A full report is also available for public inspection at Council’s municipal offices on Splatt Street.

Attachments 1 2010-2011 Quality and Cost Standards 11/12 Resolved

MOVED Councillor Cruickshank

That Council note the contents of this report.

SECONDED Councillor Jennings

The Motion was put and CARRIED

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Attachment 1

2010-2011 Quality and Cost Standards

- 50 – Confirmed 20 March 2012…………………Chairperson……………………………………………

Attachment as supplied

• 2010-2011 Quality and Cost Standards Report

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- 51 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

B.12.6 DISPOSAL OF LAND -FORMER ROBINVALE GUIDE HALL SITE Source: Procedural Department: Corporate Services File Number: 79-79-35/54-11-05

Summary

Council at its ordinary meeting on 15 December 2009 resolved to sell the former Robinvale Guide hall site in Robin St to the Robinvale Committee for the Ageing to provide an additional 10 units to their Retirement Village development. A subsequent report on 15 November 2011 informed Council that the Retirement Village Project was not viable and that the land would be returned to Council. Council acknowledged that the project would not proceed, resolved to return deposit monies and receive a detailed report on the options available for the former Guide hall site. Council has since been contacted by the Robinvale and District Health Service and two private developers expressing an interest in purchasing and developing the land. Council Officers are currently determining further interest in the land by conducting a public request for submissions process to purchase and development of the land. Preliminary advice is that the site would suit the development of eight (8) dwellings being of a similar design to the previous retirement village development (two and three bedroom style units).

Council Plan Strategy Addressed

Responsible management of resources - Council will continually improve the management of its finances, assets, systems and technology to achieve and maintain Best Value in its operations

Recommendations

It is recommended that Council:

1. Propose to sell Lot 2 as shown on PS 619516N as contained in Volume 8472 Folio 249 & Volume 8218 Folio 581 Robin St Robinvale.

2. Give public notice of its intention to sell the land by private treaty,

seeking submissions for consideration on the proposed disposal pursuant to S189 of the Local Government Act 1989.

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3. If no submissions to the disposal of the land are received pursuant to Section 223 of the Local Government Act 1989 authorise Council Officers to undertake negotiations with a suitable person (s) or developer and to sell Lot 2 as shown on PS 619516N by private treaty.

Policy Implications

Nil Financial and Resource Implications

Income from the net proceeds from the sale of the property. Triple Bottom Line Impact

The proposed development will have a positive effect on the built environment, with the land being made available for housing. The proposal is expected to have significant positive social and economic benefits. Background

Over recent years Council had determined that the former Robinvale Guide hall site was no longer required as a Council Asset and proceeded to demolish and clear the site for sale by private treaty to the Robinvale Committee for the Ageing. Council was advised by the committee in November 2011 that they were unable to proceed with developing the site as a retirement village and that the land would be returned to Council. Subsequently Council resolved to return the Committees deposit, rescind the contracts and seek further advice on the use of the site at its November 2011 meeting. Having received interest from the Robinvale and District Health Service and two private developers, Council Officers are currently investigating the best use of the site by Requesting submissions for the purchase and development of the 3180m² site. The size and location of the site lends itself to the development of approximately eight (8) unit style dwellings suited for Retirement style living. Issues

If approved, Council may need to enter into a conditional Contract that may require a deposit for the land and development terms similar to past projects undertaken by

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Council (deposit upon signing of contracts, set times for preparation of plans and development of the site). Consultation

Previous consultation has occurred with the various internal/external stakeholders with public consultation being in accordance with the Local Government Act 1989. The Robinvale Committee for the Ageing and Robinvale and District Health have been advised of the current process. Further Consultation will be via public notice in the local newspaper and Councils website, of Councils intention to sell the land by private treaty, seeking submissions for consideration on the proposed disposal pursuant to S189 & S223 of the Local Government Act 1989. Options

Council have the option not to proceed with the sale of land. Conclusion

For Council to dispose of the land, it is necessary to publicly advertise that intention, inviting submissions for consideration by Council. If no submissions are received then Council can proceed, however if submissions are received the matter will be brought back to Council for further determination.

Attachments Nil. 12/12 Resolved

MOVED Councillor Quayle

That Council:

1. Propose to sell Lot 2 as shown on PS 619516N as contained in Volume 8472 Folio 249 & Volume 8218 Folio 581 Robin St Robinvale.

2. Give public notice of its intention to sell the land by private treaty,

seeking submissions for consideration on the proposed disposal pursuant to S189 of the Local Government Act 1989.

3. If no submissions to the disposal of the land are received pursuant to

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Section 223 of the Local Government Act 1989 authorise Council Officers to undertake negotiations with a suitable person (s) or developer and to sell Lot 2 as shown on PS 619516N by private treaty.

SECONDED Councillor McPhee

The Motion was put and CARRIED

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B.12.7 CASH BALANCES Source: Procedural Department: Corporate Services File Number: 42-20-02

Summary

This cash balances report is presented for Council’s information. Invested funds and cash held at bank as at 31 January 2012 are compared to forecast cash flow figures and also compared to balances and interest rates obtained for the corresponding twelve month period.

Council Plan Strategy Addressed

Responsible management of resources - Council will continually improve the management of its finances, assets, systems and technology to achieve and maintain Best Value in its operations

Recommendations

It is recommended that Council note the contents of this report.

Policy Implications

Nil Financial and Resource Implications

Expected additional interest income of $50,000. Triple Bottom Line Impact

Nil Background

This standard monthly report details Councils cash position and details of Councils investment portfolio.

30 November 2011 31 January 2012

$ $

Bank Accounts 370,947 131,908

Investments - General 8,176,102 4,473,837

- Specific 6,041,373 6,140,307

Total Cash & Investments 14,588,422 10,746,052

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Cash balances decreased by $3,842,370 between 30 November 2011 and 31 January 2012. Major movements for the period were:

Receipts $ Rates 911,694 Grants 1,076,158

Grants Commission - Other 2,174,449

Payments Employee Costs (2,227,269) Suppliers (5,756,728) Other (20,674)

Net Cash Movement ($3,842,370) The current cash balance is $4,301,145 above forecast. Factors contributing to the above forecast balance are: Opening cash balance was $2.6M higher than forecast due to the significant value of Capital Works not completed at 30 June 2011 and carried forward to this financial year, Grants Commission income is $0.7M less than forecast due to the prepayment received in June, the balance of funds from the Vicroads Country Roads and Bridges program ($0.45M) which had not been forecast, rate receipts are $0.65M above forecast and Capital Works and Asset Purchases are $1.5M below forecast at the end of January. Comparable cash and investment figures are $783,487 above the corresponding period last year. The cash position of the municipality is graphically presented as follows:

Cash Balances at End of Month

0

3,000,000

6,000,000

9,000,000

12,000,000

15,000,000

18,000,000

June Ju

ly

Augus

t

Septe

mbe

r

Octobe

r

Nov

ember

Dec

ember

Janu

ary

Februa

ry

Mar

chApr

ilM

ayJu

ne

2011-12 Budget 2011-12 Actual 2010-11 Actual

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Investments portfolio

Maturity Date

Investment Type

Financial Institution

Credit Rating

Investment Term (days)

Interest Rate

%

Principal Amount

$ At Call At Call Deposit A1+ At Call 4.15 1,120,000.00 06/02/2012 Term Deposit A1+ 62 5.84 1,025,104.11 08/02/2012 Term Deposit A1+ 92 5.85 1,000,000.00 14/03/2012 Term Deposit A2 93 5.80 1,010,021.92 28/03/2012 Term Deposit A2 100 5.80 1,015,147.95 04/04/2012 Term Deposit A1+ 152 5.80 1,200,000.00 10/04/2012 Term Deposit A1+ 181 5.83 1,000,000.00 24/04/2012 Term Deposit A1+ 154 5.60 1,013,075.34 06/06/2012 Term Deposit A1 155 5.72 1,030,794.79 13/07/2012 Term Deposit A2 178 5.75 1,200,000.00 Current market rates 30

days 60 days

90 days

120 days

150 days

180 day

270 days

360 days

Australian Term Deposit Index (%)*

4.85 5.03 5.34 5.28 5.27 5.32 5.11 5.07

*Source: Termdeposit.com Issues

Not applicable Consultation

Not applicable Options

Not applicable Conclusion

This report is presented as a notification of Council cash holdings as at 31 January 2012.

Attachments Nil.

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13/12 Resolved

MOVED Councillor Cruickshank

It is recommended that Council note the contents of this report.

SECONDED Councillor Croft

The Motion was put and CARRIED

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B.12.8 QUARTERLY REVIEW OF FINANCIAL PERFORMANCE AND FINANCIAL POSITION TO 31 DECEMBER 2011

Source: Procedural Department: Corporate Services File Number: 42-20-00

Summary

A review of Council’s Financial Performance (income and expenditure) and Financial Position (balance sheet) to the adopted Budget for the three months to 31 December 2011 has been conducted and the results are summarised in this report.

Council Plan Strategy Addressed

Responsible management of resources - Council will continually improve the management of its finances, assets, systems and technology to achieve and maintain Best Value in its operations

Recommendations

It is recommended that Council note the contents of this report.

Policy Implications

Nil Financial and Resource Implications

Predicted Rates Determination Surplus of $31,000 ($20,000 better than budget) for the 2011/12 financial year after allowing for an additional $60,000 to be transferred to the unfunded Superannuation Reserve. Triple Bottom Line Impact

Not relevant to this item. Background

A summarised statement of Income and Expenditure and a summarised Balance Sheet for the three months ending 31 December 2011 are included with this report. Major Variations to date in line items are explained by way of notes to the attached report. It is projected that the current financial year result will be a surplus measured

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on a Rates Determination basis marginally above that expected in the 2011/2012 budget. The predicted surplus assumes on budget completion of Major Projects and an additional allocation of $60,000 to fund Defined Benefits Superannuation Reserve. Significant forecast variations to Budget include: Previous Forecast

Variances Revised Forecast

Variances Rates Early Payment Discount $35,000 Unfavourable $35,000 Unfavourable Grants Commission $42,000 Unfavourable $42,000 Unfavourable Income Grants/Charges received11/12 – expected 10/11

$1,292,000 Favourable $1,302,000 Favourable

Workcover costs $50,000 Favourable $70,000 Favourable Reduced Insurance Premiums (net)

$8,000 Favourable $15,000 Favourable

Rates $30,000 Unfavourable $50,000 Unfavourable Employee Costs $5,000 Unfavourable $140,000 Favourable Interest on Investments & Rates $30,000 Favourable $50,000 Favourable Regional Livestock Exchange (net)

$50,000 Favourable $50,000 Favourable

Pioneer Settlement (net result) $2,000 Favourable $3,000 Favourable Country Roads & Bridges Grant $1,000,000 Favourable $1,000,000 Favourable Country Roads and Bridges Expenses

$1,000,000 Unfavourable $1,000,000 Favourable

Office Equipment & Consumables

- - $10,000 Favourable

User contributions Indoor Sports Facility

- - $35,000 Unfavourable

Legal Costs-Freedom of Information

- - $20,000 Unfavourable

Parking Fees and Fines - - $35,000 Unfavourable Transfer to Unfunded Superannuation Reserve

- - $60,000 Unfavourable

Chisholm Reserve Business Case

- - $33,000 Unfavourable

Other Variances (net) $1,000 Unfavourable $1,000 Unfavourable Variations to 2011/12 Budget $1,319,000 Favourable $1,329,000 Favourable Less: Grants owing to Previous Year

$1,309,000 Unfavourable $1,309,000 Unfavourable

Net Variation to 2011/12 Budget

$10,000 Favourable $20,000 Favourable

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Issues

The anticipated surplus is subject to operational and major projects income and costs performing as expected over the final six months of the year and no additional call to top up superannuation contributions. Consultation

Not required for this item. Consultation occurs as part of the Budget Preparation process. Options

1. Any additional surplus should be transferred to a Reserve to fund possible future superannuation calls.

2. Any surplus could be used to bring forward a capital project. Conclusion

The forecast result is positive at this early stage in the financial year.

Attachments 1 Statement of Income & Expenditure 6 months ending 31-12-2011 2 Summarised Balance Sheet as at 31-12-2011 14/12 Resolved

MOVED Councillor Norton

That Council note the contents of this report.

SECONDED Councillor Quayle

The Motion was put and CARRIED

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Attachment 1 Statement of Income & Expenditure 6 months ending 31-12-2011

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Attachment 2 Summarised Balance Sheet as at 31-12-2011

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B.12.9 SWAN HILL PLANNING SCHEME AMENDMENT C41 REPLACEMENT MURRAY RIVER BRIDGE PANEL REPORT

Source: Procedural Department: Chief Executive File Number: 73-02-105

Summary

The purpose of this report is to provide Council with details of the outcome from the Panel Hearing into the Planning Scheme Amendment C41 Replacement Murray River Bridge. In addition the report outlines what steps now can be taken by Council in order to commence the process to address the report recommendations.

Council Plan Strategy Addressed

Infrastructure - Council seeks to ensure appropriate infrastructure to continue our economic growth

Recommendations

It is recommended that Council:

1. Note the contents of the report.

2. Write to the Minister for Planning the Hon Matthew Guy advising of its acceptance of the recommendations pertaining to Council C1 to C4 and support for the other recommendations contained in the Swan Hill Planning Scheme Amendment C41 Replacement Murray River Bridge Panel Report.

3. Request the Minister for Planning the Hon Matthew Guy consider the Swan Hill Planning Scheme Amendment C41 Replacement Murray River Bridge Panel Report as a priority and advise Council of his acceptance of the report recommendations or otherwise as soon as possible.

4. Refer any issues contained in the Swan Hill Planning Scheme Amendment C41 replacement Murray River Bridge Panel report relating to the riverfront redevelopment to the Swan Hill Riverfront Redevelopment Advisory Committee for further consideration as a part of the work to review the Riverfront Masterplan.

5. Receive a report on the options available for the relocation of the Swan Hill outdoor pool which will include initial designs, costing, and possible sites to allow the commencement of the project including ongoing

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community consultation.

Policy Implications

Council Planning Scheme will be amended in the event of the Minister for Planning adopting the panel recommendations. Financial and Resource Implications

Council has allocated funding in its 2012/13 budget to update the Riverfront Master plan and this project has attracted the interest of Regional Development Victoria with the prospect of grant funding to offset costs very likely. This report will identify options and indicative costs. Council will need to receive further reports on the issue of the relocation of the swimming pool to allow for consideration at future budget meetings. Once confirmation of the acceptance of the panels recommendations by the Minister for Planning is known, VicRoads can then be requested to commence work on costing the bridge to allow Council then to lobby for funding. Triple Bottom Line Impact

The panel report highlights the need to ensure that the bridge is built in such a manner to limit impacts and completion of the bridge will assist in meeting triple bottom line requirements. Background

Debate and discussion over the need for a replacement bridge over the Murray River at Swan Hill has been ongoing for an extended period of time. Whilst no one would argue against the need for the replacement bridge, the location and the type of bridge have been widely discussed which has resulted in a variety of views. VicRoads over the past couple of years has been working on the various options with both Council and the community which resulted in the list being reduced to four and ultimately a final option 9A which was the basis of the deliberations of the Planning Panel. As a result of the exhibition of the 9A option by VicRoads objections were received which could not be resolved and as such the Minister for Planning was requested to conduct a panel to make a determination on the Swan Hill Planning Scheme Amendment C41.

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The panel sat in Swan Hill for three days (4,5 & 6 October) which included site inspections, presentations from submitters and giving consideration to the 47 written submissions received. Individuals and organisations that appeared before the panel included:-

• VicRoads • Swan Hill Rural City Council • Wakool Shire Council • Wamba Wamba Local Aboriginal Land Council

• Mr Rodney Dunn • Mr Alan Ridgeway

• Mrs Joan Slater • Bridge Location Action Committee • Mr Ian Smyth • Mr Don Erck

• Mr Graham Holt • Ms Kerryn Keam

The panel was instructed to look at the 9A Option in relation to the Planning Scheme Amendment and not the other remaining options although it did allow presenters to discuss the other options. There was a wide variety of issues canvassed during the panel hearing and the final report address the key areas of:-

• Planning context • Strategic justification

• Traffic • Parking • Economic • Social

• Heritage • Riverside Park

• Swimming Pool • Flora and Fauna • Hydrological • Noise • Form and content of the proposed amendment.

The panel in its report indicated that it had not endorsed the 9A option over any other option but rather it has examined option 9A in the context of the above list of key areas in making its recommendations. VicRoads were provided the report on the 25 November 2011 and had 28 days to release it to the public which they have.

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VicRoads have prepared a report and recommendation for the Minister for Planning to consider and the Minister will make the final determination on Amendment C41.

Issues

The panel report has made fifteen recommendations of which four are directly related to Council. The remaining recommendations are for the consideration of VicRoads but of course Council will have an interest in how they are addressed. A full list of recommendations are as follows:- Recommendations The Panel has made recommendations under three headings: A. Recommendations on the exhibited Amendment

It is recommended that Amendment C41 to the Swan Hill Planning Scheme be adopted as exhibited with the following changes: A1. Amend the exhibited Public Acquisition Overlay to delete the northern

connection for the bridge access road to Monash Drive. B. Further recommended actions for VicRoads

It is recommended that VicRoads undertake the following further actions: B1. Review the design of the approaches to the new intersection of the bridge

access road with Curlewis Street to ensure adequate storage lanes are provided to manage projected traffic volumes and minimise any adverse effects of queuing on the approaches.

B2. Review the design of the level crossing on the western approach to the bridge to ensure appropriate warning marking are installed to minimise the likelihood of queuing across the tracks.

B3. Review the design of the level crossing on the western approach to the bridge to investigate whether “escape lanes” can be provided to provide options for vehicles to get off the tracks when the crossing is activated.

B4. Prepare a traffic management plan in conjunction with Swan Hill Council to effectively manage queuing of grain traffic in Monash Drive to avoid traffic queuing across the bridge access road.

B5. Complete the proposed Cultural Heritage Management Plan before the design of the bridge and approaches is finalised, to ensure the final design is consistent with any findings and recommendations of the Plan.

B6. Incorporate into the design the construction of a pedestrian crossing on the south side of the new rail crossing to allow pedestrian access from central Swan Hill to Riverside Park without having to cross two main roads.

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B7. Design the bridge abutment to be set back from the river frontage as far as possible.

B8. Design the abutment, batters and retaining walls of the bridge approach to integrate into the adjoining parkland and use sloping terraces (gabion of concrete) rather than earthen embankments to minimise the footprint and loss of vegetation.

B9. Design the bridge to be aesthetically responsive to its setting. In particular:

• The bridge depth should be kept to a minimum; • The bridge piers should not be visible at low water;

• The bridge barriers and balustrades should be open and transparent; the opening span, if a lift span, should have tall, thin., tapering guide towers and not be joined, and if a bascule span, should have a simple above deck counterbalance and hydraulically operated arm; and the bridge should not have roadway lights but rather footpath lighting integrated into the balustrade at low level.

B10. Ensure that the appropriate flood mitigation measures are incorporated

into the design of the proposed bridge.

C. Further recommended actions for Swan Hill Council.

It is recommended that Swan Hill Council undertake the following further actions: C1. Endeavour to have funding in place to ensure that the proposed new outdoor swimming pool is constructed prior to the de-commissioning of the existing pool. C2. Complete the master plan for Riverside Park in consultation with the community and seek to have funding in place to implement improvements to the park before or as soon as practicable after, the construction of the new bridge. C3. Revise the master plan for all the open space along the river frontage taking into account the proposed bridge alignment. C4. Ensure that the loss of the area of Riverside Park arising from the proposal is offset by an equal of greater area of high standard open space developed on the land currently occupied by Monash Drive and the swimming pool between the existing and proposed bridge.

The full panel report is available on VicRoads and Councils websites for people to read. The report is a very comprehensive report and has explored all of the issues pertaining to the amendments. The panel have acknowledged the views of all parties and have reflected in parts the concerns of submitters in the recommendations they have made.

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With respect to the recommendations the following comments are provided. Recommendation A1 Council offered no objection to the deletion of the northern connection when asked at the panel hearing. Recommendation B1-10 Council will need to work closely with VicRoads on all of these matters. Design of the bridge and approaches to address the panel’s recommendations will be important and Council will need to be involved in the discussions on an ongoing basis. The need to address issues surrounding the queuing of grain trucks should be addressed both short and long term. In the long term in view of the redevelopment of the riverfront, there should be a goal to work to achieve the relocation of the silos out of the area. Plans for pedestrian and cycling access need to be consistent with Councils master plan for the River front. Recommendations C1-C4 These recommendations relate directly to what Council will be required to do as a result of the panel hearing. C1 Endeavour to have funding in place to ensure that the proposed new outdoor swimming pool is constructed prior to the decommissioning of the existing pool. There are a number of steps in this process that can commence once the Council is made aware of acceptance of the panel report by the Minister. The relocation of the pool has been earmarked in the Swan Hill Reserves master plan previously adopted by Council and made known. Consideration will need to be given to issues such as:-

• Decommissioning of old pool

• Type of pool • Associated facilities • Location of new pool • Funding sources • Timeframes associated with all work to ensure a consistent approach.

To assist in the development of costing to then source funding.

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Council should be seeking grants once the plans and costs are know from the other levels of government based on the fact that the new facility would provide economic and recreational benefits. The process to achieve the outcome descried in the panel report will take time and should be commenced as soon as possible. Given the community interest in this project allowance will need to be made for community consultation a matter highlighted in the panel report. Council will need to receive regular reports on the project to allow for discussion on possible future budget allocations. C2 Complete the master plan for Riverside Park in consultation with the community and seek to have funding in place to implement the improvements to the park before or as soon as practicable after the construction of the new bridge. This represents a significant piece of work to review and update the riverfront master plan however; the Council has already indicated its willingness to undertake this work through its commitment to providing funding in the major projects plan. Aspects of the Riverfront are being worked on at present.

• Art Gallery;

• Pioneer Settlement; • Caravan Park; • VicTrack Land; • Wetlands; • Future of major infrastructure;

• Crossing points over railway line; and there is a need to draw all this together. The Riverfront master plan will also be able to highlight opportunities for the introduction on the new features along the riverfront. Other centres such as Mildura and Echuca have been able to benefit from outside funding for their Riverfront Redevelopment due to the existence of a complete master plan. An early indication from Regional Development Victoria suggests a strong interest in the development of Swan Hill river master plan to compliment other riverfront plans in order to achieve greater regional cooperation. All aspects of the riverfront will need to be reviewed by the Councils working group established to develop the riverfront master plan.

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In developing the riverfront Council will have to give consideration to ensuring that the bridge is designed in such a way that addresses the panel’s recommendations. Working closely with VicRoads becomes critical to the planning for the riverfront. In the past the community have demonstrated strong interest in projects such as the Swan Hill CBD master plan and Council should again engage in ongoing consultation with the community on the progress of the riverfront master plan and what it will feature. Once the plan is developed Council will be in a better position to look at associated costs and time lines to achieve. Through its Major Projects Plan Council has already the capacity to implement some elements expected to be in the plan. C3 Revise the master plan for all the open space along the river frontage taking into account the proposed bridge alignment. The riverfront master plan should address this issue and provide details of what open space is available, how it can be a feature of the riverfront. There is an opportunity to lobby for funds to complete the Loddon Mallee iconic tracks and trails projects which in part features access to the riverfront. This matter should be considered by the riverfront master plan working group and regular reports provided to Council. C4 Ensure that the loss of the area of riverside Park arriving from the proposal is offset by an equal or greater area of high standard open space developed on the land currently occupied by Monash Drive and the swimming pool between the existing and proposed bridge. The area identified by the panel in its report will certainly provide the Riverside Master Plan working group with a significant area to work with and suggests new features to be introduced. Infrastructure such as the swimming pool and the department of Justice Building occupy a sizeable area. Options for the development of this area will need to be discussed with the community to maximise its potential including pedestrian access. In the longer team removal of other infrastructure form the vicinity of Riverside Park will provide additional open space opportunities. The riverfront Master Plan should give consideration to the long term opportunities that exist within the proximity of the Riverfront.

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The recommendations contained in the Panel Report represent the need for considerable planning with VicRoads, amongst Council ongoing discussion and ongoing community consultation. All of the recommendation can be achieved subject to the development of detailed plans and funding. It is important that all of the relevant agencies adopt a coordinated approach to ensure that there are no delays in implementing the various stages of work. Council has written to the Attorney General for example seeking the status of the relocation of the Court House which occupies a significant parcel of land with respect to the bridge alignment. Put into an overall context that is the construction of the bridge, riverfront redevelopment and the completion of the judicial precinct, the total project has the potential to be the biggest development project ever seen in Swan Hill. Council should be looking to lead an overall development committee involving outside bodies such as VicRoads and Department of Justice. Consultation

There has been significant consultation around all issues relating to the Swan Hill Bridge and the Planning Scheme Amendment. A variety of views will no doubt continue to be expressed which people are entitled to do and it is likely to continue after the Minister for Planning has made his decision on Planning Scheme Amendment C41. For Council there is a need to move to the next phase of planning for the bridge and the redevelopment of the Riverfront subject to the confirmation of the Ministers determination. Ongoing consultation with key agencies and the community is set to be a feature of the planning for the future of the Riverfront. Options

With respect tot the Planning Scheme Amendment C41 the final decision rests with the Minister.

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Conclusion

There has been considerable discussion and a variety of views expressed about the proposed Swan Hill Bridge. The Planning Panel Report provided to the Minister for Planning indicates that the 9A option can meet the planning assessment criteria and has 15 recommended actions to cover the concerns expressed in submissions and presentations. It is recognised that not all within the community will be pleased with the outcome however subject to the Ministers approval, planning for the Riverfront incorporating the proposed new bridge should now commence. Once the costs associated with the new bridge have been confirmed Council will have to commence the lobbying process to achieve funding. There is considerable planning work to be undertaken and identification of grant funding to achieve the revised Riverfront Master Plan area developed. Council will need to keep the community fully informed on the progress being made to secure funding and to outline the various projects that will be introduced to take full advantage of this significant asset. The bridge should be seen in the context of being a component of the Riverfront similar to other key sites along the river. The Riverfront Masterplan when completed will be a blueprint for the redevelopment of the area with the combined projects set to inject investment into Swan hill in excess of $100 million dollars. Council will have to work hard to lobby for funding and the projects will be delivered over an extended period of time.

Attachments Nil. 15/12 Resolved

MOVED Councillor Cruickshank

That Council:

1. Note the contents of the report.

2. Write to the Minister for Planning the Hon Matthew Guy advising of its acceptance of the recommendations pertaining to Council C1 to C4 and support for the other recommendations contained in the Swan Hill Planning Scheme Amendment C41 Replacement Murray River Bridge

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Panel Report.

3. Request the Minister for Planning the Hon Matthew Guy consider the Swan Hill Planning Scheme Amendment C41 Replacement Murray River Bridge Panel Report as a priority and advise Council of his acceptance of the report recommendations or otherwise as soon as possible.

4. Refer any issues contained in the Swan Hill Planning Scheme Amendment C41 replacement Murray River Bridge Panel report relating to the riverfront redevelopment to the Swan Hill Riverfront Redevelopment Advisory Committee for further consideration as a part of the work to review the Riverfront Masterplan.

5. Receive a report on the options available for the relocation of the Swan Hill outdoor pool which will include initial designs, costing, and possible sites to allow the commencement of the project including ongoing community consultation.

SECONDED Councillor Jennings

The Motion was put and CARRIED

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B.12.10 MURRAY RIVER GROUP OF COUNCILS DECEMBER 2011 MEETING

Source: Procedural Department: Chief Executive File Number: 06-04-13

Summary

The purpose of this report is to provide Council with details of activities being undertaken by the Murray River Group of Councils.

Council Plan Strategy Addressed

Nurturing critical external relationships - Many issues of importance are outside of Council control, and can only be resolved through others. Council will maintain and enhance relationships with external organisations to maximise outcomes for our community

Recommendations

It is recommended that Council:

1. Note the contents of the report.

2. Write to Councillors Cox, Holt, Pankhurst and Cruickshank acknowledging their efforts during their time spent representing their Councils on the Murray River Group of Councils.

Policy Implications

Not Applicable Financial and Resource Implications

Council’s participation in the Murray River Group of Councils is budgeted for. Triple Bottom Line Impact

Issues being pursued by the Murray River Group of Councils will have a positive impact. Background

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The Murray River Group of Councils conducted its final meeting for 2011 in Echuca on the 21 December. This was the final meeting that the Moira Shire Chaired and in 2012 the Campaspe Shire will assume the role of Chairperson. In addition due to recent Mayoral Elections there have been a number of changes with the six mayors of the Murray River Group of Councils now. Cr Arnold – Mildura Cr Katis - Swan Hill Cr Fehring – Gannawarra Cr Simpson – Campaspe Cr Monk – Moira Cr Curnow – Loddon The outgoing Mayors were as Follows:- Cr Cruickshank – Swan Hill Cr Pankhurst – Campaspe Cr Holt – Loddon Cr Cox – Moira As has been the case throughout 2011 the group considered a wide range of topics and were joined during the meeting by a number of Campaspe Councillors who observed the meeting. Issues

The following is a list of the key items discussed at the meeting.

• Overview of the Shire of Campaspe • Murray Darling Basin Plan Advocacy Strategy

As to be expected there was considerable discussion on how the group will approach responding to the Murray Darling Basin Plan. In the first round of consultation and determination of a response the group used an outside consultant to assist them. For the latest process the Shire of Campaspe will co-ordinate the groups efforts. The Greater City of Shepparton have indicated that they again whish to be involved with the group as does the Strathbogie Shire Council who will have parts of their municipality impacted by the plan. The Murray River Group of Councils will work to a plan that involves public consultation, working with key agencies and the development of key messages that are both consistent and provide solutions.

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Tour of the Murray John Craven gave a presentation on his views of the 2012 event. Further consideration to be given by the group and a response provided. Natural Gas Feasibility Study Consultants from GHD briefed the meeting on the progress of the study so for which has involved gathering critical regional information. The draft report should be in place by the end of February 2012 which will give a clearer indication of how the project is progressing. Weeds and Pests John McLinden (Loddon) gave a very detailed account of the work that had been undertaken by the working group and the options developed. The report is now with the Minister to determine the best way to proceed. Murray Regional Tourism Board The Chair and Acting CEO updated the meeting on the progress being made with both confident that the board is back on track after some early difficulties. There strategic direction has been developed and they are now implementing priorities The meeting confirmed the appointment of Cr Cruickshank as one of its representative to the Regional Tourism Board. Regional Priorities Discussion took place on the preparation of a regional priorities list for consideration by Minister Crean. Conference Update Plans are progressing for the 2012 Conference which has as its title “Bridging the Border”, to be held on the 8, 9 and 10 July 2012. The conference will address the important topics of liveability, food, water, energy, tourism and transport all of which are vital to our region. Additional information will be provided in the coming months to allow Councillors the opportunity to determine if they wish to attend. Regional Expo Plans are progressing for Councils to take part in the Expo in Melbourne in April 2012. Consultation

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The Murray River Group of Councils will continue to consult with its communities on a wide variety of key issues. Options

Not Applicable Conclusion

2012 will be a very busy year for the members of the Murray River Group of Councils. There are a number of major pieces of strategic work to be undertaken and the group will need to continue tis advocacy role on behalf of the community to both levels of government and all parties. The 2012 Conference will be a highlight and an excellent opportunity to showcase the regions potential.

Attachments Nil. 16/12 Resolved

MOVED Councillor Jennings

That Council:

1. Note the contents of the report.

2. Write to Councillors Cox, Holt, Pankhurst and Cruickshank acknowledging their efforts during their time spent representing their Councils on the Murray River Group of Councils.

SECONDED Councillor McPhee

The Motion was put and CARRIED

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B.12.11 SWAN HILL RIVERFRONT ADVISORY COMMITTEE Source: Procedural Department: Chief Executive File Number: 22-23-02

Summary

The purpose of this report is to advise of the outcomes of the meeting of the Swan Hill Riverfront Advisory Committee.

Council Plan Strategy Addressed

Infrastructure - Council seeks to ensure appropriate infrastructure to continue our economic growth

Recommendations

It is recommended that Council:

1. Note the contents of the report.

2. Write to the Minister for Regional Development, The Honourable Peter Ryan, requesting that a Senior Department Representative be appointed to work with the Advisory Committee and the Council on the development of the Swan Hill Riverfront Masterplan.

Policy Implications

Nil Financial and Resource Implications

Council has made an allocation in its Major Projects Program to allow for the development of the Swan Hill Riverfront Masterplan and will be seeking a matching contribution through Regional Development Victoria. Future costs associated with the development of the Swan Hill Riverfront will be determined as the Plan is developed. Within Council’s budget, funds have already been made available for various individual projects associated with the Riverfront, eg Pioneer Settlement, Art Gallery. Identification of potential funding sources will be a part of the role of the Committee and Council.

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Triple Bottom Line Impact

The development of a comprehensive masterplan for the Swan Hill Riverfront will address all three components of the Triple Bottom Line Impact. Background

A detailed masterplan for the Swan Hill Riverfront was developed in 1997 to be used as a blueprint for how the Council and the community wanted this significant area of the Swan Hill Township developed. Over the ensuing years, work has taken place on the development of aspects of the Riverfront. However it is now appropriate to draw all of that individual work together into a co-ordinated plan. The positive funding experiences of Mildura and Echuca, who have detailed Riverfront Plans, is further evidence of the need for a comprehensive plan for the Swan Hill Riverfront. With this in mind, the Swan Hill Riverfront Advisory Committee conducted its first meeting on Tuesday, 7 February 2012. Councillor McPhee has been elected Chairperson of the Committee, which considered a very detailed first agenda which reflects the importance of this project to the future development of Swan Hill. Issues

An overview of issues discussed, together with the initial actions to be take, are listed below: • Appointment of Committee Chairperson: Councillor McPhee. • Review of the original Masterplan: The Committee reviewed the original plan to determine its relevance. It will be used as the basis of the development of Masterplan concepts and

added to as the Plan takes shape.

• Review of the tender brief: Whilst it was it was noted that the anticipated funding to prepare the Masterplan

does not become available until 1 July 2012, the process to appoint a consultant can commence.

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The Brief was reviewed and amended to ensure that it covered all requirements.

The process to appoint a consultant will commence shortly.

• Funding application to Regional Development Victoria: Has been finalised and submitted to Regional Development Victoria.

• Consultation: The Committee agreed that there must be a high level of consultation with the

community and key organisations. Development of a process will be reviewed by the Committee at an appropriate

time. The tender brief is to emphasise the importance of consultation and how the

Plan should have linkages to the CBD. Other expertise will be called upon from time to time.

• Funding opportunities: Completion of the Masterplan is critical as there are funding opportunities

opening up at a Federal and State level that could be sourced. The riverfront fits nicely into the Regional Development category and can lead

to employment and economic growth opportunities. • Swan Hill Bridge: The Committee acquainted themselves with the recommendations of the Panel

Report and how it relates to the riverfront. • Working with State Government: It is important to, very early in the process, impress upon the State Government

the importance of the Masterplan and how it links to other Murray River Centres.

The recent Central Murray Regional Transport Strategy benefitted greatly from

having senior State Government representatives involved in its development and they continue to be involved in its implementation.

This type of involvement should be sought in the development of the Riverfront

Masterplan with an approach to the Minister for Regional Development, The

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Hon Peter Ryan to have him appoint a senior Department Representative to work with the Committee and Council.

• Individual parts of the Riverfront: Work continues on aspects of the riverfront and will continue to do so in

preparation of the development of the overall Masterplan.

• Riverside Caravan Park: The lessee has commenced improvement works with the new entrance building

taking shape.

• Art Gallery: Stage two design plans are to be developed this financial year.

• Pioneer Settlement: Ongoing implementation of the Masterplan.

• VicTrack Land: Move to finalise the drawn out negotiations with VicTrack now a priority.

• Swan Hill Bridge: Awaiting the Minister for Planning’s response to the Panel Report.

• Outdoor Swimming Pool: This project was discussed and whilst there is a connection to the riverfront, it

was put that ultimately the future of the pool may sit outside the work of the Committee.

A determination on the future location of the outdoor pool will assist in how the

Committee will be involved. The Swan Hill Reserves Masterplan has recommended that the pool be

relocated to the Showgrounds and this will need to be determined. • Swan Hill Court House: Council continues representations to the Attorney General about the future of

the Court House and the Swan Hill Judicial precinct. It will be important for the Council and the State Government to work together

to co-ordinate plans.

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• Old fuel sites: Both sites have been vacated but must be remediated by the former lessees in

accordance with EPA requirements. Consultation

A detailed consultation process will be determined by the Committee and presented to Council. Options

Council has signalled its strong intent to develop a Riverfront Masterplan that provides for the future direction of this key asset. Progress on the Plan, once developed, will of course be subject to funding, however the existence of a detailed plan will assist efforts to attract funding. Conclusion

The Swan Hill riverfront has enormous potential for the future prosperity of the township. There are multiple features of the riverfront which require a detailed masterplan to draw all the elements together. Federal and State Government have shown a willingness to fund Riverfront Projects when they exist within detailed plans. The Swan Hill Riverfront Masterplan will benefit not only the township, but also takes its place in the Regional Plan Ports of the Murray. There is a lot of work to be done to deliver a Masterplan that reflects the area and potential, connects to the CBD and has a longterm vision.

Attachments Nil. 17/12 Resolved

MOVED Councillor Jennings

That Council:

1. Note the contents of the report.

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2. Write to the Minister for Regional Development, The Honourable Peter Ryan, requesting that a Senior Department Representative be appointed to work with the Advisory Committee and the Council on the development of the Swan Hill Riverfront Masterplan.

3. Write to the Minister for Regional Australia, Regional Development and Local Government The Honourable Simon Crean, requesting that a Senior Department Representative be appointed to work with the Advisory Committee and the Council on the development of the Swan Hill Riverfront Masterplan.

SECONDED Councillor McPhee

The Motion was put and CARRIED

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B.12.12 APPLICATION FOR A-DOUBLE ACCESS COGHILL ROAD KENLEY Source: Procedural Department: Infrastructure File Number: 95-03-03

Summary

An application to operate A-Double combinations (single road train) in the Swan Hill Rural City Council area has been received by VicRoads Northern Region Transport Safety Services.

The application includes travel on Coghill Road in Kenley (a Council owned and maintained asset) and the Murray Valley crossing at Robinvale into NSW. The application is to transport the grape harvest to Mildura for processing and export.

Council Plan Strategy Addressed

Infrastructure - Council seeks to ensure appropriate infrastructure to continue our economic growth

Recommendations

It is recommended that Council:

1. Refuse the request for A-Double access to Coghill Road Kenley 2. Write to VicRoads Transport Safety Services section explaining the

reasons for refusal 3. Review Council’s Road Management Plan to include assessment criteria

for A-Double access requests.

Policy Implications

Councils Road Management Plan will be used to ensure that each application is assessed on its merits to ensure that appropriate levels of driver safety are maintained. The plan will need to have a link to the Performance Based Standards at its next review. Financial and Resource Implications

The applications do not have any significant costs to Council. Officer time to inspect the site and make an assessment is the costs to be incurred. Triple Bottom Line Impact

The use of A-Double combinations to move large volumes of freight have significant productivity advantages with little or no detrimental impact on the road structure. This

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creates an efficiency improvement and a slight decrease in the number of trucks required for the various freight tasks. The reduction in truck numbers provides a small environmental benefit. The A-Double combinations are speed limited which can create some issues on the open road as they are difficult to overtake for some vehicles. Background

Wine producers and primary producers in North West Victoria have applied to VicRoads for A-Double access to transport their produce. A-Double’s are commonly referred to as a two trailer road train. The A-Double combination compared to conventional B-Double is as follows; the A-Double is 36.5m in length with 11 axles and a capacity 79.0t general mass limit (GML). A conventional B-Double combination is 26.0m in length has 9 axles and a capacity of 62.5t (GML). The weight per axle is very similar with the A-Double combination having less than 200kg more weight per axle. Access to Victorian roads for A-Doubles has been extremely limited, with some movements into Yelta and Mildura which were for very short distances. Greater access has been granted in the Mildura Rural City Council area to enable efficient movement of grape harvests for the Wine Grape industry. This has been welcomed by the industry as A-Doubles have access to a number of strategic routes on the NSW side of the river and have had the access for a number of years. Previously the operators were required to “breakdown” their combinations to ensure they were compliant with the Victorian regulations. A request from a grape grower in Kenley to move this years harvest via A-Double’s has also been received by VicRoads and the request includes the entire length of Coghill Road. Coghill Road is approximately 65kms South East of Robinvale, runs in an Easterly direction off the Murray Valley Highway and is an unsealed surface. The road is structurally sound has a constructed width of 8m and is relatively straight with good site distance available for its entire length. Permits to operate B-Double combinations currently exist for Coghill Road and no incidents have been reported to Council regarding their operation on Coghill Road. Staff from VicRoads Transport Safety Services section met with Council Officers on 9 January 2012 to provide an explanation of the request and what is required of Council. Following this the site was inspected by the Asset Manager for its suitability to A-Double access. The inspection and assessment was carried out on Coghill Road only and concluded that Coghill Road could cater for A-Double access. It was highlighted however, that the entrance onto the Murray Valley Highway presents a

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number of risks as the site distance available is limited in both directions. The approach from the South also has a small hill which further obscures the view of the intersection. The site has since been inspected by VicRoads staff and the same issue of site distance available was raised. The VicRoads assessment of the entrance point onto the Murray Valley Highway indicates that a vehicle travelling at the posted speed limit of 100kmh would have 9.70 seconds to slow or stop from the point where they first site the vehicle entering the Highway. The report questions the ability of the combination to build up enough speed to negate possible rear impact with approaching vehicles. The VicRoads report also mentions Kenley Road as a possible route as the entrance to the Murray Valley Highway is suitable. Upon inspection of Kenley Road by Council Officers, it was assessed as too narrow, has restricted site distance issues on all of the 10 bends that make up the 4kms of narrow seal. It is also worth noting that a serious accident involving a heavy vehicle and a mini bus / van occurred on Kenley Road in 2011 which resulted in one fatality and a number of injuries to passengers. The only possible solution to allow A-Double access to transport the grape harvest is to allow access to a minimal length of Kenley Road (first 200m before the first bend) and the grower construct access on their property up to that point. This would reduce the risks associated with site distance on the Kenley Road bends and avoid the site distance issues with the Coghill Road entrance onto the Murray Valley Highway. Attached to this report is an example of the essential standards that the A-Double combinations are required to meet, a comparison diagram of the A-Double and B-Double combinations and a map indicating the proposed routes A-Doubles in North West Victoria. Issues

As the local road network was constructed to cater for vehicle combinations significantly smaller than what the industry is indicating is required to efficiently transport their produce. Each time an application is made for A-Double access, the same issues of site distance, road width and ability to accelerate once on the highway will present a major stumbling block to providing a permit. Investment in the road infrastructure will be required at various points of the proposed routes to enable safe access and this may be required by either the producer or transport operator, as A-Double access requirements does not feature within long term construction plans. It is also a possibility that once a permit is granted and other producers in the region become aware that the volume of requests will increase significantly.

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Consultation

Council Officers were briefed by VicRoads staff on 9 January 2012 and a media release was provided on 18 January 2012 explaining the proposal and that the route of the Murray Valley Highway had been approved. Options

Council has the option to write to VicRoads indicating that it will not provide approval for A-Double access to Coghill Road due to the extremely limited site distance available at the entrance to the Murray Valley Highway. Council also has the option to write to VicRoads to discuss the possibility of access for A-Doubles to a very short section of Kenley Road with the producer responsible for the construction of internal road access on their property. Conclusion

The productivity / efficiency improvements provided by the use of A-Double combinations are obvious and the use of them will increase across Northern Victoria but this will come at a cost to road managers. The safety of the travelling public on the Murray Valley Highway cannot be compromised for the sake of the efficiency improvements. If this request is to be granted, there is no avoiding an investment from either the road managers (Council or VicRoads) or the property managers to enable a solution to be found. Unfortunately in the current circumstances, Council Officers cannot support the application in its current form and suggest that ongoing discussions are held to agree to a course of action that can provide a suitable outcome to all involved.

Attachments 1 Road Train Access 18/12 Resolved

MOVED Councillor Norton

That Council:

1. Refuse the request for A-Double access to Coghill Road Kenley 2. Write to VicRoads Transport Safety Services section explaining the

reasons for refusal 3. Review Council’s Road Management Plan to include assessment criteria

for A-Double access requests.

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SECONDED Councillor Quayle

The Motion was put and CARRIED

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Attachment 1 Road Train Access

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Attachment 1 Road Train Access

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Attachment 1 Road Train Access

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B.12.13 ASSET NAMING SUB COMMITTEE MINUTES - 31 JANUARY 2012 Source: Procedural Department: Infrastructure File Number: 42-28-06

Summary

The Minutes of the Asset Naming Sub-Committee meeting held on 31 January 2012 are attached to this report and contain a number of recommendations for asset naming and names to be added to the Asset Naming Master List.

Council Plan Strategy Addressed

Infrastructure - Council seeks to ensure appropriate infrastructure to continue our economic growth

Recommendations

It is recommended that Council:

1. Accepts the minutes of the 31 January 2012 Asset Naming Sub Committee

2. Remove the Holt Park sign from the reserve adjacent to Cobham Avenue

and return the HOLT name to the Asset Naming Master List to be allocated to another asset.

3. The reserve adjacent to Cobham Avenue returns to the name of

COBHAM PARK to enable a future name to be negotiated.

4. The genealogical society investigate a suitable local name for a currently unnamed Government road requiring naming in Chinkapook

5. The arena at the EF Butler Reserve keep the name ROBERT FRENCH

ARENA in honour of the contribution made to Riding for the Disabled made by Mr French and that the name be added to the Asset Naming Master List.

Policy Implications

The endorsement of the above recommendations is compliant with the direction of the Asset Naming Policy’s purpose and application. The road name changes will also require some minor alterations to the road asset register.

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Financial and Resource Implications

There will be minimal costs associated with the purchase, removal and installation of signs. Triple Bottom Line Impact

The correct naming of presently un-named roads is necessary to further assist the rural addressing programming. The Asset Naming Master List is reviewed regularly by the Asset Naming Sub-Committee and provides the community with an opportunity to recognise residents who make a positive contribution to the Municipality. A small allocation of funds will be required. Background

Correspondence is periodically received from residents concerning the naming of roads and community assets. The Asset Naming Sub – Committee meets on an as needs basis, depending on the number of outstanding requests. The Committee is chaired by the Deputy Mayor – Councillor Jennings and also contains Councillor Croft and Councillor Katis, along with community representative(s) and a number of Council staff. The suggested alterations and additions to the Asset Naming Master List have all been assessed by the Committee for their relevance to the particular location of the asset to carry the name and for the purpose of verifying the information provided by residents when applying for a name to be added to the Master List. With respect to the recommendations contained in this report all the names have been verified by the Committee. At the direction of Council, further discussion on the naming of the Park on Cobham Avenue Swan Hill took place, with the committee directing further discussions / negotiations with the interested parties to be undertaken and a recommendation will be provided at the next Asset Naming Sub – Committee meeting. It was agreed however that the name Holt be removed from the park at the request of the Holt family with a view to allocating the name to another asset in the future. The Committee was very pleased with the response to the request for names in the Nyah / Nyah West area to be submitted for the Asset Naming Master List, with three pages of suggestions supplied by Mrs Grace Willoughby. The genealogical society will complete some further research on some of the names to ensure that they can all be included on the Master List at the next Committee meeting.

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Issues

Nil. Consultation

The Chief Executive Officer will be meeting with interested parties to further discuss the options for Cobham Park. Options

1. Accept the recommendations of the Asset Naming Sub – Committee and implement them immediately.

2. Disagree with the recommendations of the Asset Naming Sub – Committee

and reconvene the group to provide an alternative to Council. Conclusion

The recommendations of the Committee have been suitably researched to enable Council to endorse the decisions and implement the actions contained.

Attachments 1 Asset Naming 19/12 Resolved

MOVED Councillor Croft

That Council:

1. Accepts the minutes of the 31 January 2012 Asset Naming Sub Committee

2. Remove the Holt Park sign from the reserve adjacent to Cobham Avenue

and return the HOLT name to the Asset Naming Master List to be allocated to another asset.

3. The reserve adjacent to Cobham Avenue returns to the name of

COBHAM PARK to enable a future name to be negotiated.

4. The genealogical society investigate a suitable local name for a currently unnamed Government road requiring naming in Chinkapook

5. The arena at the EF Butler Reserve keep the name ROBERT FRENCH

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ARENA in honour of the contribution made to Riding for the Disabled made by Mr French and that the name be added to the Asset Naming Master List.

SECONDED Councillor McPhee

The Motion was put and CARRIED

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Attachment 1 Asset Naming

- 97 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

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Attachment 1 Asset Naming

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Attachment 1 Asset Naming

- 99 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

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B.12.14 NAMING OF COBHAM AVENUE RESERVE Source: Procedural Department: Chief Executive File Number: 79-82-82

Summary

The purpose of this report is to advise of the outcome of the meeting conducted with Mr Sam Guastalegname about his request to have the park in Cobham Avenue Swan Hill have his surname applied to it. This report should also be read in conjunction with the Asset Naming Sub Committee meeting minutes of the 31st January 2012.

Council Plan Strategy Addressed

Councillor and Staff accountability - Council will represent the interests of our community and will conduct its affairs openly and with integrity, reflecting high levels of good governance

Recommendations

It is recommended that Council:

1. Note the contents of the report.

2. Upon receipt of the required information from Mr Guastalegname and in accordance with its Asset Naming Policy undertake the process to have his name added to the Asset Naming Master List.

3. Make application to the register of Geographic Names to have the name “Guastalegname” registered and applied to the reserve in Cobham Avenue.

4. Write to Mr Guastalegname advising that Council will support the application to the register of Geographic names.

Policy Implications

Naming of assets must be in accordance with Councils asset naming policy and the geographic place names act 1998. Financial and Resource Implications

There will be minimal costs associated with the application and installation of the signage if the application is successful.

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Triple Bottom Line Impact

Not Applicable Background

The Council over the past fifteen months has been engaged in ongoing discussions with Mr Sam Guastalegname about his request to have his surname applied to the reserve in Cobham Avenue Swan Hill. Mr Guastalegname undertook the original subdivision of the land and was required to provide open space as a part of the permit condition. Since the original subdivision the open space has been added to however Mr Guastalegname has maintained that most residents know the parks connection to him. The Asset naming Sub Committee has considered this matter on a number of occasions which led to the adoption of the name “Holt” for the park which Mr Guastalegname subsequently challenged. Council sought direction from the Holt family about their views on the park and the family indicated that they would be comfortable with the name “Holt” being removed and used elsewhere. In the most recent report to Council on the 13 December 2011, the committee were requested to reconsider the matter and report back to Council. In addition to this it was noted that the Chief Executive Officer was attempting to meet with Mr Guastalegname to discuss the issue. The Committee has made a recommendation to Council in a separate report which now paves the way for Council to consider its next steps. Issues

The Chief Executive Officer met with Mr Guastalegname together with Mr Chris Mahon on the 6 February 2012 to discuss the issue and to resolve the matter. The process of applying a name to an asset together with the role of council and the State Government was outlined. Mr Guastalegname indicated that he would like to have his name assigned to the park and did not believe that his surname presented any difficulties in pronunciation and pointed out that there are names that have been assigned across the state that could be considered more difficult than his name and would like the matter resolved.

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A review of the geographic names criteria has revealed that Council will have to make an application under the exemption process to the registrar and undertake the following in its application.

• Council would need to prepare and support an application to the registrar on the basis of providing information as follows:

• Details and history of the person;

• Reasons why the Council wishes to name the park after the person; • Contribution the person has made to the community;

• The level of support Council applies to the application;

In order for this process to occur and to support to occur and to support the application Mr Guastalegname surname should appear on Councils asset naming register as per the asset naming committee’s original request. Mr Guastalegname indicated that he will assist that process by providing the required information. Discussion took place about the fact that if the application for the name “Guastalegname” does not succeed then there might be an option to lodge the name Sam or Salvatore however Mr Guastalegname would like Council to attempt to have his surname applied. Consultation

There has been considerable community interest in this particular issue and indeed the petition collected by the residents surrounding the reserve will add weight to the application. Options

Council can choose to support the lodgement of an application to the registrar of geographic names to have the name Guastalegname approved or alternatively they could choose to apply an alternative name to the reserve. Conclusion

There has been considerable discussion on this issue and there is an desire by all involved to have the matter resolved. Council has the capacity to support an application to the Registrar of Geographic names to have Mr Guastalegname’s request agreed to. With the placement of the name “Guastalegname on Councils Asset Naming list, Council can then proceed to write an application on behalf of Mr Guastalegname.

Attachments Nil.

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20/12 Resolved

MOVED Councillor Quayle

It is recommended that Council:

1. Note the contents of the report.

2. Upon receipt of the required information from Mr Guastalegname and in accordance with its Asset Naming Policy undertake the process to have his name added to the Asset Naming Master List.

3. Make application to the register of Geographic Names to have the name “Guastalegname” registered and applied to the reserve in Cobham Avenue.

4. Write to Mr Guastalegname advising that Council will support the application to the register of Geographic names.

SECONDED Councillor Croft

The Motion was put and CARRIED

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B.12.15 TRANSFER OF PARCEL OF LAND - LAKE BAKER ROAD Source: Procedural Department: Infrastructure File Number: 21-04-14

Summary

Correspondence has been received from the Department of Justice regarding the transferring of a parcel of land adjacent to Lake Baker Road – Parish of Kunat Kunat into the ownership of the Crown. The Wadi Wadi, Barapa Barapa, Wamba Wamba native title claim group would then assume management responsibility for the land under the conditions of Part 3 of the Traditional Owner Settlement Act. The land in question is considered to be of high cultural value to the Indigenous community and has very little commercial value to Swan Hill Rural City Council.

Council Plan Strategy Addressed

Aboriginal recognition - Council recognises that the Wadi Wadi, Wamaba Wamba, Barapa Barapa, Tati Tati and Latji Latji peoples are the original custodians of all land and waters in the Swan Hill Rural City Council, and that according to their continuing law, traditions and customs it remains their traditional country

Recommendations

It is recommended that Council:

1. Authorise officers to commence the transfer of the parcel of freehold land (Res 1 PS526838) to the Crown under Section 22C(2) of the Land Act 1958 which the clerk of the municipal council concerned has certified to be land which is or has been used for any cultural sporting or recreational purpose of for any purpose referred to in Section 4 of the Crown Land (Reserves) Act 1978 may be declared by the Governor in Council, by proclamation published in the Government Gazette, to be land to which this section applies.

2. Ensure that all costs associated with the transfer are to be paid by the

Department of Justice.

Policy Implications

Nil. Financial and Resource Implications

Council incurred costs associated with the previous road closure adjacent to the site.

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The Department of Justice will be completely responsible for the costs associated with the transfer of land to the Crown. Triple Bottom Line Impact

The transfer of land meets triple bottom line objectives by assisting in protecting a culturally significant site within the Municipality. The financial impact to Council is negligible and does not adversely impact on other Council assets. The existing road will not form part of the transfer as it is a significant access route for residents in the Northern sections of Lakeside Drive – Lake Boga when the Lake is at flood level. Background

Council officers met with members of the Native Title Unit on 16 December 2011 to discuss a wide range of issues across the region. Included in the discussions was the possible transfer of a parcel of land adjacent to Lake Baker Road in the Parish of Kunat Kunat (Res 1 PS526838). The section of road on the Western edge of the parcel was discontinued by Council in May 2005 and a new road reserve was purchased and the road constructed to the East of the parcel to provide access to the two properties affected by the closure. Correspondence from the Department of Justice – Native Title Unit dated 9 January 2012 indicates that Council subdivided the parcel of land in 2005 in anticipation of the establishment of a Crown Land Reserve. No formal decision has been made on the transfer and Council still holds freehold title of the land. The Native Title Unit is proposing to facilitate a transfer using Part 3 of the Traditional Owner Settlement Act. Subject to the State’s ability to reach agreement with the Wadi Wadi, Barapa Barapa, Wamba Wamba (WBW) native title claim group, the land would be transferred on along with the section of road reserve previously closed. The correspondence also indicates that the WBW would seek an exemption from paying rates on the parcel of land and seek Commonwealth assistance for the management of the land. Issues

Nil Consultation

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As the parcel of land is a freehold Council owned asset, the transfer must be advertised. Options

Council can retain the freehold parcel of land. Conclusion

The parcel of land in question is not earmarked for any future use in any Council plans or strategies. It appears that the original intention was to create a Crown Land Reserve on the land and this transfer will facilitate this. The WBW negotiating team have formed a working group to meet with various stakeholders including Swan Hill Rural City Council and the Lake Baker Road land is a high priority on their agenda. The transfer of the land will enable its inclusion in a settlement with the WBW native title claim group.

Attachments 1 Map Lake Baker Road 2 Lake Baker 21/12 Resolved

MOVED Councillor Cruickshank

It is recommended that Council:

1. Authorise officers to commence the transfer of the parcel of freehold land (Res 1 PS526838) to the Crown under Section 22C(2) of the Land Act 1958 which the clerk of the municipal council concerned has certified to be land which is or has been used for any cultural sporting or recreational purpose of for any purpose referred to in Section 4 of the Crown Land (Reserves) Act 1978 may be declared by the Governor in Council, by proclamation published in the Government Gazette, to be land to which this section applies.

2. Ensure that all costs associated with the transfer are to be paid by the

Department of Justice.

SECONDED Councillor Norton

The Motion was put and CARRIED

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Attachment 1 Map Lake Baker Road

- 107 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

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Attachment 2 Lake Baker

- 108 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

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- 109 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

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Attachment 2 Lake Baker

- 110 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

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Attachment 2 Lake Baker

- 111 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

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Attachment 2 Lake Baker

- 112 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

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REPORTS 21 February 2012

- 113 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

B.12.16 COUNCILLOR ASSEMBLIES - RECORD OF ATTENDANCE AND AGENDA ITEMS

Source: Procedural Department: Chief Executive File Number: 22-13-12

Summary

The Local Government Act 1989 requires that the details of Councillor Assemblies must be reported to Council meetings on a monthly basis.

Council Plan Strategy Addressed

Councillor and Staff accountability - Council will represent the interests of our community and will conduct its affairs openly and with integrity, reflecting high levels of good governance

Recommendations

It is recommended that Council note the contents of the report.

Policy Implications

Council must comply with the requirements of the Local Government Act 1989. Financial and Resource Implications

Nil Triple Bottom Line Impact

Nil Background

The State Government has amended the Local Government Act 1989 which requires Council to report on Councillor Assemblies. Whilst Minutes do not have to be recorded, Agenda items and those in attendance must be and a report presented to Council. An assembly of Councillors is defined as a meeting that is planned or scheduled at which at least half the Council and one Officer are in attendance.

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- 114 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

It should be noted that no formal decisions can be made at an assembly but rather direction can be given that is likely to lead to a formal decision of Council. Council must receive a report at the next practical Ordinary Council Meeting after the assembly is held. Details of the most recent assemblies of Council are attached. Issues

Nil Consultation

Nil Options

Council must comply with the legislation. Conclusion

In accordance with the legislation details of the assemblies as required are attached.

Attachments 1 Assembly of Councillors Record 22/12 Resolved

MOVED Councillor Cruickshank

It is recommended that Council note the contents of the report.

SECONDED Councillor Jennings

The Motion was put and CARRIED

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Attachment 1

Assembly of Councillors Record

- 115 – Confirmed 20 March 2012…………………Chairperson……………………………………………

COUNCILLOR ASSEMBLIES ATTENDANCE AND AGENDA 24 JANUARY, 2012 INFORMATION CENTRE (EDU) AGENDA ITEMS

• Buchan Street Road Closure

• Butler Reserve • Robinvale Gaming Machines • Robinvale Golf Club Presentation • Mallee Family Care Presentation

• Councillors and Officers discussion • Murray Darling Basin Plan

• Councillor Only Session ADDITIONAL ITEMS DISCUSSED

• Nil ATTENDANCE Councillors

• Councillor Croft • Councillor Katis • Councillor Jennings • Councillor Cruickshank

• Councillor Les McPhee • Councillor Gary Norton

Apologies

• Councillor Quayle

Officers

• Dennis Hovenden, Chief Executive Officer

• David Leahy, Director Infrastructure • Leanne Mulcahy, Director Development & Planning

Other

• Nil

CONFLICT OF INTEREST Nil

Page 116: ORDINARY MEETING OF COUNCIL

Attachment 1

Assembly of Councillors Record

- 116 – Confirmed 20 March 2012…………………Chairperson……………………………………………

COUNCILLOR ASSEMBLIES ATTENDANCE AND AGENDA 31 JANUARY, 2012 LIBRARY, SWAN HILL AGENDA ITEMS

• Footpath Trading Policy Scope

• Quality and Cost Standards • Nyah West Kindergarten Project • Planning Scheme Amendment C41 Swan Hill Bridge • North Park Economic Feasibility Study Update

• Councillor Only session •

ADDITIONAL ITEMS DISCUSSED

• •

ATTENDANCE Councillors

• Councillor Croft • Councillor Jennings

• Councillor Cruickshank • Councillor Quayle • Councillor Katis • Councillor McPhee

• Norton Apologies

• Nil Officers

• Dennis Hovenden, Chief Executive Officer • Leanne Mulcahy, Director Development & Planning

• David Leahy, Director Infrastructure • David Lenton, Director Corporate Services

• Bruce Myers, Director Community & Cultural Services Other CONFLICT OF INTEREST Cr Cruickshank North parkland as he is a business owner.

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Attachment 1

Assembly of Councillors Record

- 117 – Confirmed 20 March 2012…………………Chairperson……………………………………………

Cr Cruickshank left the meeting at 2.30pm and returned at 2.35pm.

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Attachment 1

Assembly of Councillors Record

- 118 – Confirmed 20 March 2012…………………Chairperson……………………………………………

COUNCILLOR ASSEMBLIES ATTENDANCE AND AGENDA 7 FEBRUARY, 2012 NO MEETING WAS HELD ON THIS DAY AGENDA ITEMS

• Nil ADDITIONAL ITEMS DISCUSSED

• ATTENDANCE

• Apologies

• Officers

• Other

• CONFLICT OF INTEREST Nil

Page 119: ORDINARY MEETING OF COUNCIL

Attachment 1

Assembly of Councillors Record

- 119 – Confirmed 20 March 2012…………………Chairperson……………………………………………

COUNCILLOR ASSEMBLIES ATTENDANCE AND AGENDA 14 FEBRUARY, 2012 TOWN HALL, SWAN HILL AGENDA ITEMS

• Council Newsletter

• Robinvale ACT Update • North Park Meeting with Essential Economics • Draft Car Parking Management Plan • Road Train Access

• Robinvale Landfill Contracts ADDITIONAL ITEMS DISCUSSED

• Nil ATTENDANCE

• Cr Greg Cruickshank • Cr John Katis

• Cr Gary Norton • Cr Yvonne Jennings • Cr Bill Croft

Apologies

• Cr Les McPhee

• Cr David Quayle Officers

• Dennis Hovenden, Chief Executive Officer • David Lenton, Director Corporate Services at 3.05pm • Leanne Mulcahy, Director Development & Planning

• Bruce Myers, Director Community & Cultural Services • David Leahy, Director Infrastructure

Other

• Lisa Faraci, Human Resources Manager • Felicia Chalmers, Media & Public Relations Coordinator • Glenn Stewart, Robinvale District Health • Janelle Earl, Economic Development & Tourism Executive

• Mazen Aldaghstani, Manager Major Projects & Waste Engineer • Ken Symons, Commercial Services Manager

CONFLICT OF INTEREST

Page 120: ORDINARY MEETING OF COUNCIL

Attachment 1

Assembly of Councillors Record

- 120 – Confirmed 20 March 2012…………………Chairperson……………………………………………

Cr Cruickshank business owner North Park

Page 121: ORDINARY MEETING OF COUNCIL

Swan Hill Rural City Council Page 121

Minutes for Ordinary Meeting

DECISIONS WHICH NEED ACTION/RATIFICATION 21 February 2012

- 121 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

SECTION C – DECISIONS WHICH NEED ACTION/RATIFICATION

C.12.1 SIGN & SEAL REPORT Source: Procedural Department: Chief Executive

Summary

The following documents and agreements have been signed and sealed by the Councillors and the Chief Executive Officer on the respective dates. Those actions require the ratification of the Council.

Recommendations It is recommended that Council ratify the actions of signing and sealing the documents under delegation as scheduled.

Policy Implications

Nil Financial and Resource Implications

Nil Triple Bottom Line Impact

Not applicable Background

During the course of any month Council is required to sign and seal a range of documents arising from decisions made on a previous occasion(s). Examples include sale of land, entering into funding arrangements for Council programs etc. As the decision to enter into these agreements has already been made, these documents are signed and sealed when received, with Council ratifying the signing and sealing at the next Council meeting.

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Minutes for Ordinary Meeting

DECISIONS WHICH NEED ACTION/RATIFICATION 21 February 2012

- 122 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

Issues

The following documents were signed and sealed since the last Council meeting:

No. Document Type Document Description Date signed/sealed

416 Occupancy Lease Nyah West & District Senior Citizens 08-12-2011

417 Construction of Drainage Main Street Pioneer Settlement

Contract 12-12-2011

418 Transfer of Land Vol 11210 Folio 134

Lot 245 Boobialla Drive Tower Hill 16-12-2011

419 Transfer of Land Vol 8750 Fol 724 Vol 8467 Fol 051

To SHRCC 20-12-2011

420 Contract 11 8333401 Coburns Earthmoving

Sealed Road reconstruction & Gravel re-sheeting in SHRCC

20-12-2011

421 Transfer of Land Vol 11300 Fol 939

Lot 155 Acacia Street Tower Hill 20-12-2011

422 Occupancy Lease Italian Social Club from SHRCC 20-12-2011

423 Transfer of Land Volume 9239 Fol 148 & Vol 10704 Fol 944

22-24 Hayes St Ultima 22-12-2011

424 CEO Contract of Employment for 02-01-2012

Between SHRCC & D Hovenden 03-01-2012

425 Agreement LMW, SHRCC & VicUrban

Tower Hill Stage 7 09-01-2012

426 Section 173 Agreement

PP11/53 -2 Lot Subdivision 102 Hocking Road, Robinvale

16-01-2012

427 Australia Day Citizen of the Year for 2011

Citation 24-01-2012

428 Australia Day Young Citizen of the Year 2011

Citation 24-01-2012

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Minutes for Ordinary Meeting

DECISIONS WHICH NEED ACTION/RATIFICATION 21 February 2012

- 123 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

429 Australia Day Community Event of the Year 2011

Citation 24-01-2012

Consultation

Not Applicable Options

Not Applicable Conclusion

Council authorise the signing and sealing of the above documents.

Attachments Nil. 23/12 Resolved

MOVED Councillor Croft

It is recommended that Council ratify the actions of signing and sealing the documents under delegation as scheduled.

SECONDED Councillor Jennings

The Motion was put and CARRIED

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Swan Hill Rural City Council Page 124

Minutes for Ordinary Meeting

SECTION D - NOTICES OF MOTION 21 February 2012

- 124 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

SECTION D – NOTICES OF MOTION

D.12.1 MAINTENANCE OF FIRE PLUGS

Having given due notice, Councillor Les McPhee MOVED that: Council write to

1. The Hon. Peter Walsh MP Minister for Water 2. Ted Baillieu, Premier of Victoria 3. Neil Roberts Minister for Police & Emergency Services Requesting that the Water Act be amended to ensure that the funding and maintaining of hydrant points be the responsibility of water authorities.

4. Write to The Municipal Association of Victoria requesting that they lobby for the Water Act to be amended to ensure that the funding and maintaining of hydrant points be the responsibility of water authorities.

Preamble As the Chair of the Integrated Fire Management Planning committee, it has come to my notice that there are inconsistencies in the maintenance of fire plugs across the state. The Water Act 1989 Section 165 states:- (1) A council may require an Authority that has a water district situated wholly or partly within the council’s municipal district to fix fire plugs to any of the works of the Authority within the water district in suitable locations for the supply of water for fire-fighting purposes. (2) A council must meet the costs of providing, installing, marking and maintaining all fire plugs that the council requires under sub-section (1) to be installed in its municipal district. (3) An Authority may provide, install, mark and maintain any extra fire plugs that it thinks necessary or that are requested by a landowner, either at its own cost or at the cost of the landowners benefited by them. (4) An Authority must – (a) Keep all fire plugs in its water district in working order; and (b) Provide conspicuous markers for fire plugs supplied by it; and (c) make sure that at all times water is available without charge from fire plugs in its water district for cleaning sewers and drains, unless the water is unavailable due to a shortage of water or another unavoidable cause, or due to repairs. (5) Sub-section (4)(a) does not require an Authority to make sure that water pressure is adequate for fire fighting.

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Minutes for Ordinary Meeting

SECTION D - NOTICES OF MOTION 21 February 2012

- 125 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

In some instances Local Government are involved in the maintenance of fire plugs and in other cases it is the Local CFA or the relevant Water Authority. Currently Swan Hill Council pay Lower Murray Water (LMW) a fee to maintain fire plugs that Council require under Section 165 (1) above. However, LMW are unable to provide a list of which fire plugs it maintains for this fee. I believe that Local Government should not be paying for the maintenance of fire plugs, as they are on Infrastructure belonging to the relevant water authority. It should be incumbent on water authorities to maintain fire plugs on their infrastructure to enable fire-fighting activities. With the impending changes to the fire levy now is a good time to request that the anomalies in the maintenance of fire plugs be rectified.

24/12Resolved

Having given due notice, Councillor Les McPhee MOVED that: Council write to

1. The Hon. Peter Walsh MP Minister for Water 2. Ted Baillieu, Premier of Victoria 3. Neil Roberts Minister for Police & Emergency Services Requesting that the Water Act be amended to ensure that the funding and maintaining of hydrant points be the responsibility of water authorities.

4. Write to The Municipal Association of Victoria requesting that they lobby for the Water Act to be amended to ensure that the funding and maintaining of hydrant points be the responsibility of water authorities.

SECONDED Councillor Cruickshank

The Motion was put and CARRIED

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Minutes for Ordinary Meeting

SECTION D - NOTICES OF MOTION 21 February 2012

- 126 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

25/12 Recommendations

MOVED Councillor McPhee

That the Councillor Reports are given before the In Camera report so the public does not have to leave and then return to view the end of the meeting.

SECONDED Councillor Croft

The Motion was put and CARRIED

SECTION F – URGENT ITEMS NOT INCLUDED IN AGENDA Nil SECTION G – TO CONSIDER & ORDER ON COUNCILLOR REPORTS

Cr Yvonne Jennings • CEO Review • Rejoined community radio as weekly guest • Susan Ley meeting • Mallee Family Care with Ambassador for Australia Day Matthew Albert • Australia Day Breakfast at Swan Hill • Hosting Amabssador on the Pyap and Lake Boga lunch and visit to Catalina

Museum. • Asset Naming Committee • VLGA workshop • Australia Day debrief • Welcome for Country Week Tennis • Rotary/Community Planning • Woorinen and District Progress Association meeting • Community ??? • Leadership Loddon Murray launch • Sue Mahon’s farewell

Cr John Katis

• Progress of Native Title Negotiations meeting • Transport Accident Commission meeting • Meeting with PSI Delta - resilience report on SHRCC community weakness • Collin Gunn meeting • Depot Christmas Party break up • Murray Group of Councils – Echuca • Damien Drum MP meeting • Signing of CEO contract • Meeting with media, CEO and Staff • Meeting with Senator Bridgette McKenzie

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Swan Hill Rural City Council Page 127

Minutes for Ordinary Meeting

SECTION D - NOTICES OF MOTION 21 February 2012

- 127 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

• Dinner with Wakool Shire Council • Meeting with Susan Ley and John Forrest re: Childhood & Early Development • Ratepayers Association meeting • Welcomed international nursing students to Swan Hill TAFE • Australia Day function in Robinvale • Meeting in Kerang with MRGC and CEO • Monthly Robinvale meeting with CEO • Opened Murray Valley CWA conference • Attended Euston Club motor home presentation • North Park Committee meeting • Opening of Country Tennis Week

Cr Bill Croft

• Meeting Swan Hill Club • Resident and Ratepayers meeting • Australia Day Breakfast in Beverford • Book launch for Chaise Eade • Asset Naming Sub Committee • Drew the Smart FM raffle • Gallery Advisory Committee • North Park Committee meeting

Cr Les McPhee

• Integrated Fire Management Plan meeting • Resident and Ratepayers Association meeting • Australia Day celebrations in Ultima and Lake Boga • CFA Group meeting in Piangil • Riverfront Advisory Committee meeting • Opening of Country Week Tennis • Community House Committee meeting • IFMP meeting

Cr Gary Norton

• Australia Day Celebrations in Nyah West • VFF meeting in Manangatang • Boundary Bend Progress Association meeting • Nyah District Action Group meeting • Councillor Assemblies

Cr Greg Cruickshank

• Swan Hill Inc • Ratepayers Association meeting • CEO Review • Pioneer Settlement Redevelopment Committee • Meeting with potential solar energy investor

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Minutes for Ordinary Meeting

SECTION D - NOTICES OF MOTION 21 February 2012

- 128 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

• Meeting with Department and Industry representative re: Aerodrome upgrade and funding opportunities

• Interview regarding floods with Genealogical Society • Riverfront Masterplan Inaugural Committee meeting • Central Murray Regional Transport forum • Murray Regional Tourism Board meeting in Melbourne • Western Bulldogs Community Camp • Australia Day Breakfast in Manangatang • Chisholm Reserve Steering Group meeting

Cr David Quayle

• Southern Mallee PCP meeting • Healthy Minds meeting • Sue Mahon’s farewell • Damien Drum meeting • Chaired Leisure Centre meeting • Drew raffle for Traders Chirstmas Stocking • Attended Healthy Minds meeting in Wedderburn • SMPCP meeting at Mallee Family Care • Robinvale meeting with Mayor and CEO. • Attended Robinvale meeting of Advancing Country Towns. • Prostate Cancer meeting • CMRWMG meeting in Barham

Page 129: ORDINARY MEETING OF COUNCIL

Swan Hill Rural City Council Page 129 Minutes for Ordinary Meeting Of Council SECTION A – PROCEDURAL MATTERS 21 February 2012

- 129 – Confirmed 20 March 2012………………………….Chairperson……………………………………………

SECTION E – IN CAMERA ITEMS

B.12.1 IN CAMERA CONSIDERATION OF CONFIDENTIAL REPORT Source: Procedural Department: Chief Executive File Number: P10755 Summary Council recommends that the meeting be closed to the public whilst the next item is considered. 26/12 Resolved

MOVED Councillor Cruickshank

That Council close the meeting to the public on the grounds that the item is a resolution to close the meeting to members of the public.

SECONDED Councillor Quayle

The Motion was put and CARRIED The Chief Executive Officer, Dennis Hovenden, left the meeting at 9.57pm. 27/12 Resolved

MOVED Councillor McPhee

That Standing Orders be resumed.

SECONDED Councillor Norton

The Motion was put and CARRIED

The Chief Executive Officer, Dennis Hovenden, returned to the meeting at 10.06pm. 28/12 Resolved

MOVED Councillor McPhee

That Council note and ratify the decision taken whilst in committee.

SECONDED Councillor Norton

The Motion was put and CARRIED

The Mayor declared the meeting closed at 10.08pm.