rural city of benalla · 2017-08-31 · ordinary meeting of council . agenda . date: wednesday 6...

Ordinary Meeting of Council

Agenda

Date: Wednesday 6 September 2017

Time: 6pm

Venue: Civic Centre (Council Meeting Room) 13 Mair Street, Benalla Members of the Community are welcome to attend the Meeting. In accordance with the Governance Local Law 2016 clause 4.6.4 an audio recording will be made of the proceedings of Council / Special Committee meetings.

PO Box 227, 1 Bridge Street East Benalla Victoria 3672

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

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mailto:[email protected]

Agenda – Ordinary Meeting of Council 6 September 2017

BENALLA RURAL CITY COUNCIL

Contents 1. Opening and Acknowledgement of Country ........................................................... 3

2. Statement of Commitment ....................................................................................... 3

3. Apologies .................................................................................................................. 4

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

5. Confirmation of the Minutes of the Previous Meeting ............................................ 5

6. Public Question Time ............................................................................................... 5

7. Petitions .................................................................................................................... 6

8. Record of Committees .............................................................................................. 7

8.1 Planning and Development Committee ............................................................... 7 8.2 Finance and Operations Committee.................................................................. 12 8.3 Assemblies of Councillors, advisory and external committees .......................... 17

9. Reports by Officers ................................................................................................. 17

9.1 Authorisation of Signing and Sealing of Documents .......................................... 17 9.2 Benalla Airport Advisory Committee.................................................................. 18 9.3 Benalla Botanical Gardens - Memorial .............................................................. 20 9.4 Child Safe Standards ........................................................................................ 23 9.5 Council Actions Pending ................................................................................... 27 9.6 Mayor and Councillors’ attendance at committees and civic functions .............. 28 9.7 Appointment of Acting Mayor ............................................................................ 33

10. Reports by Councillors........................................................................................... 34

11. Notice of Motion ...................................................................................................... 34

12. Notice of Rescission Motion .................................................................................. 34

13. Urgent Business ..................................................................................................... 34

14. Confidential Business ............................................................................................ 35

14.1 Confidential Reports by Councillors .................................................................. 36 14.2 Confidential Reports by Committees ................................................................. 36

14.2.1 Planning and Development Committee ................................................... 36 14.2.2 Finance and Operations Committee........................................................ 36

14.3 Confidential Reports by Officers ....................................................................... 36 14.3.1 Tenders for Reseal for various Council Roads 2017/18 .......................... 37 14.3.2 Tenders for Gravel Re-sheet for various Council Roads 2017/18 ........... 45 14.3.3 Confidential Council Actions Pending ..................................................... 53

15. Reopening of Meeting to the Public ...................................................................... 54

16. Closure of Meeting .................................................................................................. 54

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Agenda Chair Cr Don Firth (Mayor) Councillors Cr Barbara Alexander Cr Danny Claridge Cr Peter Davis Cr Bernie Hearn Cr Scott Upston Cr Willie van Wersch In attendance Chief Executive Officer Tony McIlroy General Manager Development and Environment Veronica Schilling General Manager Corporate and Community Robert Barber Acting Manager Infrastructure Gerard Komen Governance Coordinator Jenny Rintala

1. Opening and Acknowledgement of Country The Chair will open the meeting and recite the following Acknowledgement of Country. We acknowledge the traditional custodians of this land and pay respect to their elders and the elders from other communities who may be here today. We also acknowledge all other people who have contributed to the rich diversity of this Country.

2. Statement of Commitment I declare / that as a Councillor of Benalla Rural City / I will undertake on every occasion / to carry out my duties in the best interests of the community / and that my conduct shall maintain the standards of our Councillor Code of Conduct / so that I may faithfully represent / and uphold the trust placed in the Council / by the people of Benalla and District.

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Recording of Council Meetings This Council Meeting is conducted in accordance with the Local Government Act 1989 and the Benalla Rural City Governance Local Law 2016. All Council and Special Committee meetings will be audio recorded and made available for public access, with the exception of matters identified as confidential items in the agenda. This includes the public participation sections of the meetings. These recordings are taken to facilitate: the preparation and accuracy of the minutes of open Council meetings broader access to open Council meetings, and the accuracy of submitter details (where relevant). By participating in open Council meetings, individuals consent to the use and disclosure of the information that they share at the meeting (including any personal/sensitive information) for the purposes of Council carrying out its functions. Individuals also consent to the disclosure of that information to any person(s) who access those recordings. Individuals may request, prior to presenting to Council, they be identified only by their first name. Any statements made or questions asked will still be captured on the recording. Any queries about these recordings can be directed to the Council by calling 5760 2600. Behaviour at meetings Members of the public present at a meeting must remain silent during the proceedings other than when specifically invited to address the Committee. The Chair may order and cause the removal of any person, not being a Councillor, who disrupts any meeting or fails to comply with a direction. A person removed from a Meeting must leave the premises or move to a public area of the premises where they can no longer disrupt the meeting. If the Chair is of the opinion that disorder in the gallery makes it desirable to adjourn the meeting, the Chair may adjourn the meeting to a later time on the same day or to some later day as the Chair thinks proper.

3. Apologies

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4. Disclosures of Conflict of Interest

Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 direct and indirect conflict of interest must be disclosed prior to debate on specific items within the agenda; or in writing to the Chief Executive Officer before the meeting. Disclosure of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a disclosure in writing, the classification of the interest must still be declared at the meeting): (a) direct financial interest (b) indirect interest by close association (c) indirect interest that is an indirect financial interest (d) indirect interest because of conflicting duties (e) indirect interest because of receipt of an applicable gift (f) indirect interest as a consequence of becoming an interested party (g) indirect interest as a result of impact on residential amenity (h) conflicting personal interest.

5. Confirmation of the Minutes of the Previous Meeting

The minutes have been circulated to Councillors and posted on the Council website www.benalla.vic.gov.au pending confirmation at this meeting. Recommendation: That the Minutes of the Ordinary Meeting of Council held on Wednesday 2 August 2017 be confirmed as a true and accurate record of the meeting. 6. Public Question Time

Council’s Governance Local Law 2016 provides the opportunity for members of the public to lodge written questions of broad interest to the Council and the community. Matters relating to routine Council works should be taken up with Council’s Customer Service Officers through the Customer Request Management System. Public question time will not exceed 10 minutes in duration unless the Council

resolves otherwise. No person may submit more than two questions at any one Meeting.

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http://www.benalla.vic.gov.au/



A question may be disallowed by the Chair if the Chair determines that it: a. relates to a matter outside the duties, functions and powers of Council; b. is defamatory, indecent, abusive, offensive, irrelevant, trivial or

objectionable in language or substance; c. may lead to a breach of the Council’s obligation to comply with

information privacy principles or any Act; d. is aimed at embarrassing a member of the Council or Council staff; e. deals with a subject matter already answered; or f. is a matter that may be deemed to be confidential in accordance with

the Local Government Act 1989. All questions and answers must be as brief as possible, and no discussion may

be allowed other than by Councillors for the purposes of clarification. Like questions may be grouped together and a single answer provided. The Chair may nominate a Councillor, the Chief Executive Officer or another

member of Council staff to respond to a question. 7. Petitions Requirements of a petition The petition must be received from at least 12 persons, signed by those persons

whose name and physical address also appears Although initial copies of petitions can be conveyed by email or facsimile, the

original document must be sighted and received by the Council in a hardcopy format.

The petition must be legible and in permanent writing (i.e. no pencil) The petition must be in the English language, or accompanied by a translation,

which will need to be certified by the CEO who will present it to be correct. The petition must be addressed to the CEO, the Mayor, or one or more

Councillors containing a request for action to be taken by the Council. Each page of the petition must repeat the full wording of the petition as contained

on the first page of the petition. Any signature appearing upon a page which does not bear the whole of the

petition wording will not be considered by the Council. All signatures must be original signatures, not photocopied, scanned or faxed

copies. The petition should not be indecent, abusive or objectionable in language or

content. Every page of a petition, including signatories to the petition must be on an

original piece of paper and not pasted, stapled, or otherwise affixed to any other piece of paper.

The petition should not relate to a planning permit application.

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8. Record of Committees

8.1 Planning and Development Committee

Report and recommendations of the Planning and Development Committee meeting held on Wednesday 23 August 2017.

1. National Broadband Network

Ms Elizabeth Simonetti Community Affairs Manager of NBN Co Limited addressed the meeting on the rollout of the National Broadband Network. Councillor Hearn / Councillor Alexander: That the presentation be received.

Carried

2. Public submissions on any matter

There were no public submissions presented to the meeting.

3. Benalla Flood Information System

The report outlines the Benalla Flood Information System. Councillor Alexander / Councillor Hearn: 1. That the Benalla Flood Information System be endorsed. 2. That a letter of appreciation be forwarded to members of the Project

Steering Committee. Carried

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4. Protocol for Inter-Council Emergency Management Resource

Sharing

The report proposes the endorsement of the Council’s commitment to the MAV Protocol for Inter-Council Emergency Management Resource Sharing. Councillor Alexander / Councillor van Wersch: 1. That the Council confirm its commitment to the Inter-Council Emergency

Resource Sharing Protocol. 2. That the Council authorise the Chief Executive Officer to execute the

protocol document. Carried

5. Benalla Airport – Bellman Hangar

The report deals with the allocation of space within the Council–owned Bellman Hangar at the Benalla Airport. Councillor Hearn / Councillor van Wersch: 1. That the Council continue to explore options for the expansion of the

Aviation Museum in accordance with the Benalla Airport Master Plan. 2. That a meeting of all parties with an interest in the Bellman Hangar be

arranged with a view to satisfying future accommodation requirements. 3. That the Mayor Councillor Don Firth and Councillor Danny Claridge be

involved in future hangar lease negotiations. Carried

6. Benalla Airport – Hangar Lease to Benalla Aero Club

The report seeks approval to commence consultation on the hangar lease for site 21 at the Benalla Airport. Councillor Alexander / Councillor van Wersch That the Council advertise its intention to enter into a lease with the Benalla Aero Club for hangar site 21 for a period of 10 years commencing from 1 January 2018 in accordance with S190 of the Local Government Act 1989.

Carried

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7. Lake Benalla – Cabomba Weed Management

The report deals with the current status and management of the aquatic weed Cabomba caroliniana in Lake Benalla. Councillor van Wersch / Councillor Hearn: 1. That the Council endorse the drawdown of Lake Benalla in the summer of

2018 as a joint project with state agencies to control the Cabomba infestation.

2. That the Council liaise with recreation and event organisers on adjoining

sites to manage water needs over the period. Carried

8. Road Naming – Devenish

The report proposes the naming of a street in Devenish. Councillor Alexander / Councillor van Wersch: 1. That the unnamed road in Devenish, locally referred to as Parkes Street,

be named Kingston Street in recognition of the service to country in World War 1 by John Andrew Kingston.

2. That a community consultation process be commenced to advance the

matter. Carried

9. Road and Footpath Management Plan 2017-2021

The report recommends the adoption of the Road Management Plan 2017-2021. Councillor Hearn / Councillor van Wersch: 1. That the Planning and Development Committee acting under its

delegated authority of the Council adopt the Road Management Plan 2017-2021.

2. That the adoption of the plan be advertised in the Victoria Government

Gazette and the Benalla Ensign. Carried

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10. Planning and Building Approvals July 2017

The report details planning permit applications and building approvals for the month of July 2017. Councillor Hearn / Councillor Alexander: That the report be noted.

Carried

11. 2016/17 Capital Projects Program – Status as at 30 June 2017

The report outlines progress of the 2016/17 Capital Projects Program as at 30 June 2017. Councillor van Wersch / Councillor Hearn: That the report be noted.

Carried

12. Development Department – activity report for the quarter ended 30 June 2017

The report details the activities of the Development Department for the quarter ended 30 June 2017. Councillor Hearn / Councillor van Wersch: That the report be noted.

Carried

13. Infrastructure Department – activity report for the quarter ended 30 June 2017

The report outlines the activities of the Infrastructure Department for the quarter ended 30 June 2017. Councillor Alexander / Councillor Hearn: That the report be noted.

Carried

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14. Facilities Department – activity report for the quarter ended 30 June 2017

The report details the activities of the Facilities Department for the quarter ended 30 June 2017. Councillor Alexander / Councillor Hearn: That the report be noted.

Carried

15. Environment Sustainability – activity report for the quarter ended 30 June 2017

The report provides a summary of Environment Sustainability activity for the quarter ended 30 June 2017. Councillor van Wersch / Councillor Hearn: That the report be noted.

Carried

Recommendation: That the report and recommendations of the Planning and Development Committee meeting held on Wednesday 23 August 2017 be adopted.

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8.2 Finance and Operations Committee

Report and recommendations of the Finance and Operations Committee meeting held on Wednesday 30 August 2017.

1. Public submissions on any matter

There were no public submissions presented to the meeting.

2. Community Services - activity report for the quarter ended 30 June 2017

The report presents a summary of the Community Services Department operations for the quarter ended 30 June 2017. Councillor van Wersch / Councillor Firth: That the report be noted.

Carried

3. 2017/18 Community Sponsorship Program

The report presents funding applications under the 2017/18 Community Sponsorship Program. Councillor Firth / Councillor van Wersch: That the Council approve the following grants to be funded from the 2017/18 Community Sponsorship Program: Rotary Club of Benalla Inc. $365 Benalla P-12 College $500 Benalla Gymnastics Club Inc. $500.

Carried

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4. 2017/18 Payment Arrangements

The report confirms the 2017/18 financial year payment arrangements for Rates and Charges, Fire Services Levy and Penalty Interest. Councillor Upston / Councillor Firth: 1. That the report be noted. 2. That all Rates and Charges be required to be paid by the instalment dates:

30 September 2017, 30 November 2017, 28 February 2018 and 31 May 2018.

3. That an Annual Lump Sum payment option not be provided for Rates and Charges or the Fire Services Property Levy.

4. That Penalty Interest be levied on amounts not paid by the instalment due date as fixed under Section 2 of the Penalty Interest Rates Act 1983 and charged in accordance with Section 172 of the Local Government Act 1989.

Carried

5. Facility Hire Subsidy Program

The report presents applications for consideration under the Facility Hire Subsidy Program. Councillor Upston / Councillor Davis: 1. That a 100 per cent subsidy be approved for the Friends of the Benalla

Library Inc to use the Pat Claridge Meeting Room at the Benalla Library for its meetings during 2017/18.

2. That a 100 per cent subsidy be approved for the Friends of the Benalla

Performing Arts and Convention Centre Inc to use the single meeting room at the centre for its meetings during 2017/18.

Carried The Chair requested a change to the order of business (refer clause 4.6.6 Governance Local Law 2016). Councillor Alexander / Councillor Davis: That item 10 on the agenda be considered next.

Carried

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6. Community Local Law 2017

The report presents the draft Community Local Law 2017. Councillor Upston / Councillor Firth: That the Community Local Law 2017 be adopted.

Carried

7. Finance Department - activity report for the quarter ended 30 June 2017

The report presents an overview of the functions of the Finance Department for the quarter ended 30 June 2017. Councillor Davis / Councillor Upston: That the report be noted.

Carried

8. Community Development - activity report for the quarter ended 30 June 2017

The report presents a summary of the activities undertaken by the Community Development Department for the quarter ended 30 June 2017. Councillor Davis / Councillor Upston: That the report be noted.

Carried

9. Business Development - activity report for the quarter ended 30 June 2017

The report provides a summary of Business Development activity for the quarter ended 30 June 2017. Councillor Upston / Councillor Firth: That the report be noted.

Carried

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10. Arts Communications Tourism and Events -

activity report for the quarter ended 30 June 2017

The report details the activities and functions of the Arts Communications Tourism and Events Department for the quarter ended 30 June 2017. Councillor Firth / Councillor Upston: That the report be noted.

Carried

11. People and Performance Department - activity report for the quarter ended 30 June 2017

The report presents an overview of the functions of the People and Performance Department for the quarter ended 30 June 2017. Councillor Firth / Councillor Davis: That the report be noted.

Carried

12. Councillors Attendance at Conferences and Seminars and Reimbursement of Councillors’ Expenses activity report for the quarter ended 30 June 2017

The report details expenditure associated with Councillors’ attendance at professional development courses and conferences and seminars and reimbursement of expenses incurred during the quarter ended 30 June 2017. Councillor Davis / Councillor Upston: That the report be noted.

Carried

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13. Councillors’ Mobile Telephone Usage -

activity report for the quarter ended 30 June 2017

The report details expenditure associated with Councillors’ mobile telephones for the quarter ended 30 June 2017. Councillor van Wersch / Councillor Upston: That the report be noted.

Carried

Recommendation: That the report and recommendations of the Finance and Operations Committee meeting held on Wednesday 30 August 2017 be adopted.

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8.3 Assemblies of Councillors, advisory and external committees

Records of the following meetings have been circulated to Councillors under separate cover. Copies of the documents are available on request from the Customer Service Centre.

June 2017

5 Benalla Festival Advisory Committee 15 Municipal Emergency Management Planning Committee 28 Domestic Animal Management Plan Project Steering Committee

July 2017

11 CBD Parking Working Group 17 Community Plan Implementation Steering Committee 18 Traffic Liaison Committee 19 Benalla Airport Redevelopment Project Control Group 25 Audit Advisory Committee 26 Assembly of Councillors – Council Plan and Budget Workshop 27 Accessibility Reference Group 27 Benalla Performing Arts and Convention Centre Advisory Committee

August 2017

2 Communications Advisory Committee 7 Benalla Sports and Equestrian Centre Advisory Committee 16 Benalla Riverine Parklands Advisory Committee 16 Assembly of Councillors – Business review

Recommendation: That the reports be noted. 9. Reports by Officers 9.1 Authorisation of Signing and Sealing of Documents

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9.2 Benalla Airport Advisory Committee E778

Greg Robertson – Manager Facilities Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT The report deals with proposed changes to the composition and operation of the Benalla Airport Advisory Committee. BACKGROUND The Benalla Airport Advisory Committee was first established in 2004. The purpose of the committee is to assist the Council in the management and operation of the Benalla Airport. In recent years the group has met quarterly and has provided a forum to discuss operational issues, maintenance and long term plans for the site. The composition of the group was last reviewed in March 2013. Major changes to the governance of the site were recommended in the Benalla Airport Master Plan adopted in 2015. However these changes have been placed on hold pending the implementation of both the airside and landside leases. Since the reforming of the Benalla Aero Club in 2013 the group has sought a position on the Airport Advisory Committee. This request to date has been denied in the hope that the airside leases would soon be finalised and the landside arrangements are comparably much simple allowing the development of the new governance structure. However given the protracted nature of the airside leasing it is proposed to review the membership of the Advisory Committee now. DISCUSSION The Benalla Airport Advisory Committee membership currently comprises of: (a) Two Benalla Rural City Councillors, one of whom shall be the Chair (b) One Council Officer nominated by the General Manager Development and

Environment (c) One representative of the State Gliding Club (d) One representative from the Ballooning Association (e) One representative from the Benalla Aviation Museum (f) One representative from the Commercial Operators (g) One representative from the user groups occupying the BARC Huts (h) One representative from the Hangar lessees.

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At the committee’s meeting in late 2016 it was noted that the hangar lessee representative had not attended the last four meetings. When the prospect of the inclusion of Benalla Aero Club was proposed on the committee at its meeting on 7 July 2017, it was suggested that this group be substituted for the representative no longer attending. Out of courtesy, a letter was forwarded to the hangar lessee representative seeking advice on whether the absence was expected to continue and requested a response within a month. No response was received. It is therefore recommended that the position be substituted in the Terms of Reference for the Airport Advisory Committee and that the Benalla Aero Club be invited to nominate a representative to attend these meetings. The changes to the representation seek to ensure all site occupants are represented and the maximum number of attendees is managed to promote open discussion and clear direction of the committee. As noted in the presentation by Mr Tony Schneider on behalf of the Aero Club at the Planning and Development Committee meeting on 23 August 2017, this group has an active level of participation and member base of 40 flying people. The revised Terms of Reference is attached in Appendix 1. COUNCIL PLAN 2017-2021 IMPLICATIONS Engaging and Accessible Places and Spaces We will provide community places and spaces to meet the needs of our

community and focus on thoughtfully planned growth to maintain and enhance the high amenity and character of our Rural City.

FINANCIAL IMPLICATIONS There are no budgetary implications associated with the proposed change to the terms of reference for the Benalla Airport Advisory Committee. Recommendation: 1. That the revised Terms of Reference for the Benalla Airport Advisory

Committee be adopted. 2. That a nomination for membership of the advisory committee be invited

from the Benalla Aero Club.

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BENALLA RURAL CITYTERMS OF REFERENCE

BENALLA AIRPORT ADVISORY COMMITTEE March 2013September 2017

Appendix 1

1. CONSTITUTION

1.1 The Benalla Rural City Council (“Council”) has resolved to appoint an Advisory Committee

(“Committee”) to oversee the operation of the Benalla Airport. The Benalla Rural City recognises that the Benalla Airport is a significant site that contributes to the diversity of industry and recreation in the local community.

1.2 The Council has set no time limit on the duration of the establishment of the Committee. It

shall remain in existence until such time as the Council resolves to revoke its establishment.

1.3 The Council has resolved that the Advisory Committee shall consist of:

(a) Representatives of Council; and (b) Representatives of the Benalla Rural City Community.

2. OBJECTIVES AND FUNCTIONS OF THE COMMITTEE

2.1 To develop at any early stage the strategic direction of the Advisory Committee utilising the Council Plan to inform the process.

2.2 To assist the Council in the strategic planning for the Benalla Airport providing advice on policies, plans, development works and risk management

2.3 To assist the Council in the management and operation of the Benalla Airport, including flight/airport management to Australian Standards, hiring of facilities and maintenance of grounds and assets.

2.4 To advise on the development of the Benalla Airport Master Plan.

2.5 To assist in the promotion of the Benalla Airport to potential and casual users.

2.6 To engage with the community and advocate on its behalf to Council in the best interest of

the Benalla Airport.

3. DELEGATION

3.1 This Committee has no delegated powers to act on behalf of the Council or commit the Council to any expenditure unless resolved explicitly by the Council.

4. COMMITTEE MEMBERSHIP

4.1 The Council has agreed that the Committee shall comprise the following members;

(a) Two Benalla Rural City Councillors, one of whom shall be the Chair;

(b) One Council Officer nominated by the General Manager Development and Environment;

(c) One representative of the State Gliding Club;

BENALLA AIRPORT ADVISORY COMMITTEE TERMS OF REFERENCE Page 3 of 6

(d) One representative from the Ballooning Association;

(e) One representative from the Benalla Aviation Museum;

(f) One representative from the Commercial Operators;

(g) One representative from the user groups occupying the BARC Huts;

(h) One representative from the Hangar lesseesBenalla Aero Club;

In addition to the above, the Advisory Committee members have the ability to co-opt other members of the broader community for special projects as relevant to the task at hand. The Council will seek gender balance and age diversity to ensure the broadest representation of views.

5. TERM OF APPOINTMENT

5.1 Any person appointed to the Committee shall normally hold office for a period of three years. However to balance the provision of continuity in the group and diversity of views, in the initial term, two representatives from 4.1 (c) – (h) will serve one year, two will serve 2 years and the remainder will serve 3 years, as determined by ballot. Members subsequently nominated will then serve a 3 year term ensuring two new community representatives commence annually on the Committee.

5.2 Members of the Committee shall be eligible for re-appointment for a further term at the

Special Meeting of the Council in November. 5.3 A member of the Committee may resign his/her position at any time. 5.4 If the member who resigns is a representative of an organisation specified in Clause 4.1, the

Council shall invite the organisation to nominate another person to fill the vacancy. 5.5 If any member fails to attend three (3) consecutive meetings of the Committee without

obtaining leave of absence, that member shall be deemed to have resigned their position on the Committee. The Council shall follow the procedure set out in Clause 5.4 to fill the vacancy.

5.6 Any person appointed to fill a vacancy on the Committee under the provisions of Clause 5.4

shall hold office for the unexpired portion of the previous member’s term of office.

6. NOMINATION OF MEMBERSHIP REPRESENTATIVES

6.1 The Council shall invite each organisation specified in Clause 4.1 to nominate a representative for appointment to the Committee not less than one (1) month before the date of the termination of the term of office of the representative.

6.2 Each organisation must lodge with the Secretary of the Committee, a written nomination

form signed by the person nominated and countersigned by the Chairperson of the organisation.


RECOMMENDATIONS FOR APPOINTMENT

6.3 The Council may in its absolute discretion decline to appoint to the Committee any person who has been nominated or recommended for appointment. In such an event, the Council shall inform the Committee and the candidate, of the reasons for its decision.

7. OFFICE BEARERS AND SUB-COMMITTEES OF THE COMMITTEE

7.1 The Committee at each Annual General Meeting shall elect the following office bearers:

Chairperson Secretary

7.2 The role of the Chairperson shall be:

(a) To Chair all meetings of the Committee (b) To act as official spokesperson for the Committee (c) To act as the liaison person between the Committee and the Council.

7.3 The Committee may elect any sub-committees which it considers necessary to carry out its functions. The Committee may elect any sub-committees which it considers necessary to carry out its functions and supplement membership of these groups with suitably qualified co-opted community members.

8. REPORTING

8.1 The Council Officer delegate will be Council’s contact for the Committee and will submit the minutes of each Committee meeting to Council and report to Council as appropriate.

8.2 The Secretary shall prepare the agenda and minutes for each meeting of the Committee and

shall distribute or arrange to have copies of the agenda and minutes distributed to members of the Committee at least one week prior to the meeting.

8.3 Council will provide administrative support for the preparation of agendas and distribution of

agendas and minutes to the Committee members.

8.4 The Committee will regularly report on its activities to other advisory committees, key sites and user groups such as business and tourism operators, BPACC and GOTAFE.

9. INSURANCES

9.1 The Council shall arrange and maintain a portfolio of insurance to cover all possible risks for members of the Committee including a Personal Accident Policy, Voluntary Workers Policy and an Indemnity Policy.

10. MEETINGS OF THE COMMITTEE

10.1 The Meetings of the Committee shall be conducted to ensure an efficient and effective working Committee.

10.2 The quorum of the Committee will be not less than a majority of the members for the time

being appointed to the Committee, unless otherwise determined by Council.


10.3 If any member is unable to attend a meeting of the Committee, they may appoint another person to attend the meeting to speak and vote.

11. REVIEW

11.1 The Council may carry out a review of the Committee’s Terms of Reference at any time.

11.2 The Council may carry out a special review of the Committee’s Terms of Reference at the request of the Committee.

11.3 The Council shall consult with the Committee prior to the making of amendments or

alterations to the Committee’s Terms of Reference.

Benalla Rural City Council (Insert Date)September 2017

PO BOX 227

BENALLA VIC 3671

(03) 5760 2600 [email protected]

www.benalla.vic.gov.au

mailto:[email protected]



9.3 Benalla Botanical Gardens - Memorial SF/2409

Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT The report discusses a memorial proposed to be erected in the Benalla Botanical Gardens. BACKGROUND A request has been received from the Australian Indian Historical Society Inc. for a memorial to be erected honouring Siva Singh who was a long term resident of Benalla. Mr Siva Singh was well known as a travelling hawker providing goods and servicing the rural area in the early part of the 20th century. During his lifetime he owned several properties in the Benalla area. Mr Siva Singh’s memory is held in high regard in the Sikh Community in Australia. The reason for this is that he conducted the first Akhand Path held in Australia from the Sri Guru Granth Sahib (Sikh Holy Book) which was brought to Australia for the ceremony in 1920. This ceremony is held in high esteem by all Sikhs and erecting a memorial in honour of Siva Singh would enable Sikhs from all over the country to visit the memorial, reflect and pay their respects to Siva and his holy and solemn ceremony. Two proposed additions to the memorial area within the botanical gardens have been received in recent years being: the relocation of the proposed CFA memorial from Fiskville to Benalla and the location of a memorial to the Australian Flying Corps (the forerunner to the

Air Force) in 2016. Only the latter memorial proposal has eventuated to date. Siva Sing Memorial

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DISCUSSION The memorial as proposed by the Australian Indian Historical Society is to be of natural rock from the area with landscaping characteristics that allow it to sit comfortably in its chosen position. The face of the rock is to have two brass plaques and the first plaque is to have a photograph of the ceremony and the second plaque is to have the suggested following wording as outlined in Appendix 1. The rock could be bordered by bricks that were part of the original bricks from the chimney in the house shown, if they can be purchased from the current owner. It is envisaged that the cost of the memorial will be the responsibility of the Australian Indian Historical Society Inc. The memorial is proposed to be located in the memorial precinct of the Benalla Botanical Gardens as permitted by the Conservation Management Plan for the site. A presentation was made to the Benalla Riverine Parklands Advisory Committee on Wednesday 16 August 2017 which endorsed the proposal. Council’s Commemorative Memorials Guidelines advises that:

Memorials should be reserved for the recognition or memory of an individual (or family), service organisation/club or group, having made an exceptional contribution to public life, typically having attracted National or International recognition.

The nature of the ceremony reflects this status. Location Monuments must be located at or near a place of ‘logical association’. Whilst Mr Singh was a resident of Baddaginnie he had a number of properties throughout the area so this provides a central place for the monument. Construction Monuments should be constructed in a form and of materials which do not detract from the amenity of the area in which they are to be located. Ideally proponents of such memorials should consider the preferred options of the naming of a community facility or the construction of a suitable piece of community infrastructure as an alternative to a specific monument. The proposed local rock for the monument sits well within the surrounds of the botanical gardens and also demonstrates the connection to the place. Applications Approvals Process The guidelines outline that applications for commemorative memorials are to be made to Council for its ‘in-principle’ approval. Following this the proposal shall be

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publicly advertised seeking community comment. The Council will then consider the proposal in light of the guidelines and any submissions received. It should also be noted that as the Benalla Botanical Gardens are included on the state heritage register an application for approval to include the memorial, or an exemption from this requirement will be necessary. Negotiations with Heritage Victoria should establish if the community consultation associated with its processes can be joined with those of Council for efficiency. FINANCIAL IMPLICATIONS The costs of advertising and seeking community comment can be met from the 2017/18 Facilities Department Budget. If approved, the cost of the memorial would be the responsibility of the Australian Indian Historical Association Inc. COUNCIL 2017-2021 PLAN IMPLICATIONS Engaging and Accessible Places and Spaces We will provide community places and spaces to meet the needs of our

community and focus on thoughtfully planned growth to maintain and enhance the high amenity and character of our Rural City.

Recommendation: 1. That the Council approve ‘in principle’ the proposal to erect a memorial

to Mr Siva Singh. 2. That the Council liaise with Heritage Victoria to establish if both

consultation processes can be undertaken concurrently. 3. That the proposal be advertised for community comment and a report

be presented to the Council at the conclusion of the process.

22

Appendix 1



9.4 Child Safe Standards SF/80

Veronica Schilling – General Manager Development and Environment Robert Barber – General Manager Corporate and Community

PURPOSE OF REPORT The report details the proposed approach to addressing compulsory minimum standards for organisations that provide services for children. BACKGROUND The Child Safe Standards that were introduced in January 2016 are a central feature of the Victorian Government’s response to the Victorian Parliamentary Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations, known as the Betrayal of Trust Inquiry. The standards, which are compulsory for all organisations providing services to children, are designed to: drive cultural change in organisations to embed child safety in every day

thinking and practice of leaders, staff and volunteers avoid scope for doubt and indecision, which can lead to inaction and tolerance

of poor behaviour provide a foundation upon which an organisation’s policies and practices can be

built enable staff and volunteers to feel empowered to act in the best interests of

children when they have safety concerns prevent child abuse, encourage reporting and improve responses to any

allegations of child abuse give parents comfort and confidence in the kind of culture, environment and

experience they can expect for their child benefit the organisation as it gains valuable information about how children

experience its organisation.

Education, awareness raising and organisational capacity building have been the initial focus of the rollout of the Standards. The Commission for Children and Young People, as the oversight body for the Standards, will work with relevant authorities including the Department of Health and Human Services to promote compliance with the Standards. DISCUSSION As an organisation we interact with children in a number of different ways – we provide services to them and their families directly through a variety of programs. From the Benalla Art Gallery, BPACC and the library, to parks, recreation, youth

23



programs, L2P as well as care and support with child raising. Children visit our sites, contact us and are our employees. This makes compliance with the child safe standards a whole of organisation issue. Consequently a whole of organisation response has been taken, with staff from across departments meeting to embed the requirements across all facets of our business. The group is chaired by one of the General Managers, with representatives across each of the divisions. Work is currently underway to ensure that the Council’s obligations to have child safe standards are included across all policies, processes and considerations. This approach means the workload is shared as well as the foundation for the change being broad. Key actions that have been identified already are: Action Lead area Timing Develop a council policy

General managers September 2017

Develop an internal communications program to explain to staff what this is about and why the Council has a role

Communications September 2017

Investigate capacity to embed in Councillor Code of Conduct

General managers October 2017

Review Photo consent form and processes, as well as CCTV Policy to ensure consistent approach to recording images of children

All teams October 2017

Review requirements for contactors – evaluate sites where this issue applies and/or other management techniques to mitigate risk

All teams November 2017

Ensure recruitment advertisement promote that we are a child safe organisation to deter potentially unsuitable candidates

People and Performance

December 2018

Ensure recruitment practices identify the likelihood of interaction with children in the workplace and background checks are appropriate


December 2018

Embed child safe requirements in planning for festival, forums, hire-ins, and venue booking forms and promote risk assessment

All teams January 2018

24



Action Lead area Timing Develop procedures about monitoring/supervision at events, activities, as well as dressing rooms at BPACC

All site managers January 2018

Embed requirement to be aware of child safe issues in all position descriptions


February 2018

Review what other levers the organisation has to raise the profile and avoid future risks to children, for example, community grants and events

Community Development

March 2018

Review site user agreements and inform community groups of expectations

All teams March 2018

Review impact on Municipal Emergency Management Plan and Recovery Planning, Staff Code of Conduct and various other policies

General Managers April 2018

Utilise website to promote that we are a child safe organisation and how the community can be aware and support victims and minimise risks to others

Communications June 2018

Policy development The working group drafted a policy in July 2017. This policy has been considered by the Leadership Team and offered to all Council staff for input. It is now being put to the Council for endorsement, as a sign of the Council’s commitment to work toward this outcome. The proposed policy is provided in Appendix 1. COUNCIL PLAN 2017-2021 IMPLICATIONS Connected and Vibrant Community We are committed to building a healthy, active, safe and socially connected

community that offers opportunities for people of all ages, backgrounds and abilities to participate in community life.

25



High Performing Organisation We will be a high performing, efficient and innovative organisation based on

sound financial management, accountability and good governance to provide best value service to our whole community.

FINANCIAL IMPLICATIONS The development of the policy and the implementation of the Child Safe Standards is core Council business which is being met from program budgets. In reviewing processes and implementation staff are looking for ways to make the implementation of this legislation cost neutral or low cost wherever possible. Recommendation: 1. That the Child Safe Standards Policy be approved. 2. That the Action Plan be endorsed.

26

Administration Policy – XX Child Safe Standards Policy Page 1 of 4

Appendix 1 Child Safe Standards Policy

Responsible Officer: General Manager Corporate and Community Document type: Reference: Approved by: Council Date approved: XX September 2017 Date of next review: September 2018

Policy Objective The Council is committed to creating and maintaining a child safe organisation where protecting children and preventing and responding to child abuse is embedded in the everyday thinking and practice of all Councillors, employees, contractors and volunteers. This Policy reflects Council’s legislative responsibility in meeting the requirements of the Child Safe Standards and our commitment to the community to create and sustain an environment where children are safe and protected from abuse. Policy Scope Awareness of child abuse is an organisation wide responsibility. This Policy applies to all councillors, employees including any person directly employed or employed through an agency or on a contract basis, Council’s volunteers and work experience/work placement students, irrespective of their involvement in child related duties. Policy Context On 26 November 2015, the Victorian Parliament passed the Child Wellbeing and Safety Amendment (Child Safe Standards) Act 2015 (The Act) to introduce Child Safe Standards. The seven Child Safe Standards support organisations that provide services to children to prevent child abuse, encourage reporting of abuse and increase the effectiveness of responses to allegations of child abuse. Specifically these standards are:

Standard 1: Strategies to embed an organisational culture of child safety, including through effective leadership arrangements.

Standard 2: A child safe policy or statement of commitment to child safety. Standard 3: A code of conduct that establishes clear expectations for appropriate behaviour

with children. Standard 4: Screening, supervision, training and other human resources practices that

reduce the risk of child abuse by new and existing personnel. Standard 5: Processes for responding to and reporting suspected child abuse.


Standard 6: Strategies to identify and reduce or remove risks of child abuse. Standard 7: Strategies to promote the participation and empowerment of children. The council will support the Child Safe Standards through the review of policy documents, programs and processes in a way that makes this work integral to the support of our community.

Policy

1. To prevent child abuse within Council - Council has zero tolerance of child abuse and is committed to creating and maintaining a child safe and child friendly Rural City where all children are valued and protected from abuse. The Council has clear and well established behavioural expectations of all employees, contractors and volunteers engaging in child related work including appropriate behavioural expectations for working with all children including Aboriginal, culturally and/or linguistically diverse children, and children of all abilities. All employees employed in accordance with the Council Enterprise Agreement and volunteers engaged in a Council program, advisory, consultative or reference group/committee are made aware of and must abide by Council’s relevant Code of Conduct agreements.

2. To work towards an organisational culture of child safety -The Council is committed to creating and maintaining a child safe organisation where protecting children from abuse is embedded in the everyday thinking and practice of Council, all employees, contractors and volunteers. Council will implement accurate and effective screening tools during the recruitment process to employ suitable employees, contractors and volunteers to minimise the risk of inappropriate individuals from entering the organisation. ‘ Council complies with all relevant regulatory and legal requirements when recruiting staff to ensure its employees and customers are not placed under unreasonable risk.

3. To ensure that all parties are aware of their responsibilities for identifying possible

occasions for child abuse and for establishing controls and procedures for preventing such abuse and/or detecting such abuse when it occurs - Council is responsible for effectively identifying and managing risk and for promoting a safe and healthy environment for employees, volunteers and the community.

In addition to general occupational health and safety strategies, the Council will review and further develop risk management policies to ensure they comply with the Child Safe Standards.

All employees, contractors and volunteers are inducted and provided with ongoing supervision and support to increase their capacity to establish and maintain a child safe environment.

4. To provide guidance to employees/volunteers/contractors as to action that should be

taken where they suspect any abuse within or outside of the organisation –

The Council has processes in place to ensure employees, contractors and volunteers are trained in child safety, and that they practice appropriate behaviour.

The Council is responsible for ensuring that appropriate behaviour with children is clearly defined and expectations are accessible and understood by all employees, contractors and volunteers.


5. To provide a clear statement to employees/volunteers/contractors forbidding any such abuse –

This includes: Failure to disclose: Reporting child sexual abuse is a community-wide

responsibility. All adults in Victoria who have a reasonable belief that an adult has committed a sexual offence against a child under 16 have an obligation to report that information to the police.

Grooming: Grooming offence targets communication, including online communication, with a child under the age of 16 or their parents with the intent of committing child sexual abuse. This offence targets predatory conduct undertaken to prepare a child for sexual abuse at a later time with the groomer (aged 18 years old or over) or another adult.

Failure to protect: People of authority within the Council will commit an offence if they have the power or responsibility to reduce or remove a substantial risk, where a child under the age of 16 years may become the victim of sexual abuse committed by an adult associated with the organisation; but negligently fail to do so.

6. To provide assurance that any and all suspected abuse will be reported and fully investigated – The Council recognises children as active citizens and is committed to advocating for the rights of children as valued members of the community. The Council takes all allegations of abuse seriously and will report appropriately. All reports of allegations and child safety concerns will be recorded and stored securely. If child abuse is suspected then employees, volunteers and contractors are expected to report their concerns at the earliest opportunity to the designated Child Safe Officers; being either of the General Managers, the Manager of People and Performance or the Human Resources Co-ordinator. Refer to the procedure for further information on how reports will be managed.

Following a child safety concern Council will:

Assist alleged victims and their families to access counselling and support services. Provide support to affected staff through Council’s Employee Assistance Program.

Definitions Key definitions relied on in this policy are: Child A person under 18 years of age Child abuse Any act committed against a child involving: physical violence, sexual offences,

serious emotional or psychological abuse and serious neglect. Child related work Work within one or more of the occupational fields defined in the Act where the

contact with children is direct, unsupervised, and part of a person’s duties, not incidental to their work.

Related Policies/Documents Police and Working with Children Check for Community Services Staff Council Plan 2017-2021 Youth Strategy 2011-2016 Human Resources Policies and processes Code of Conduct for Councillors, Employees and Volunteers Social Media Policies Volunteer Policy


Program specific policies and procedures

Related Legislation Crimes Act 1958 (Vic) Crimes Amendment (Protection of Children) Act 2014 (Vic) Child Wellbeing and Safety Amendment Act 2015 (Vic)

Review after 1 year and then every 2 years



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

27

Agen

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on th

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opos

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get a

t the

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ncil

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ting

on W

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of th

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sult

for

the

2017

/18

Fina

ncia

l Yea

r by

an a

mou

nt in

the

orde

r of

$400

,000

to $

500,

000

thro

ugh

a re

duct

ion

in e

xpen

ditu

re

on E

mpl

oyee

Cos

ts a

nd M

ater

ials

and

Ser

vice

s.

G

MC

C

Com

plet

ed

Agen

da –

Ord

inar

y M

eetin

g of

Cou

ncil

6

Sept

embe

r 201

7

Item

N

o.

Dat

e of

M

eetin

g Ag

enda

Ite

m

Cou

ncil

Res

olut

ion

Res

pons

ible

O

ffice

r An

ticip

ated

Dat

e of

C

ompl

etio

n /

Com

men

t / S

tatu

s

15.

P&D

19

/07/

17

2.

Com

mun

ity L

ocal

Law

201

7 1.

Th

at th

e su

bmis

sion

be

rece

ived

. 2.

Tha

t the

Cou

ncil

cons

ider

the

subm

issi

on a

t the

Cou

ncil

mee

ting

on 2

Aug

ust 2

017.

G

MD

E

Com

plet

ed

16.

P&D

19

/07/

17

3.

Roa

d an

d Fo

otpa

th M

anag

emen

t Pla

n 20

17-2

021

1.

That

the

subm

issi

ons

be re

ceiv

ed.

2. T

hat t

he s

ubm

issi

ons

be c

onsi

dere

d at

the

Cou

ncil

Mee

ting

on 2

Au

gust

201

7.

G

MD

E C

ompl

eted

17.

P&D

19

/07/

17

4.

Dom

estic

Ani

mal

Man

agem

ent P

lan

2017

-202

1

1. T

hat t

he D

omes

tic A

nim

al M

anag

emen

t Pla

n R

evie

w b

e re

leas

ed fo

r com

mun

ity fe

edba

ck fr

om 2

4 Ju

ly 2

017

to 2

1 Au

gust

201

7.

2. T

hat t

he C

ounc

il pr

omot

e th

e co

nsul

tatio

n pe

riod

thro

ugh

the

Ben

alla

Ens

ign,

soc

ial m

edia

, the

web

site

and

dire

ct c

onta

ct

with

ani

mal

wel

fare

pro

vide

rs.

G

MD

E

To b

e pr

esen

ted

to P

lann

ing

and

Dev

elop

men

t Com

mitt

ee

mee

ting

on 2

7 Se

ptem

ber

2017

.

Agen

da –

Ord

inar

y M

eetin

g of

Cou

ncil

6

Sept

embe

r 201

7

Item

N

o.

Dat

e of

M

eetin

g Ag

enda

Ite

m

Cou

ncil

Res

olut

ion

Res

pons

ible

O

ffice

r An

ticip

ated

Dat

e of

C

ompl

etio

n /

Com

men

t / S

tatu

s

18.

P&D

19

/07/

17

5.

Path

way

s to

the

Futu

re –

sha

red

path

pro

ject

1. T

hat t

he d

raft

Stra

tegy

and

Act

ion

Plan

for t

he P

athw

ays

to th

e Fu

ture

Pro

ject

be

adop

ted

for p

ublic

con

sulta

tion

for 2

8 da

ys

from

24

July

to 2

1 Au

gust

201

7.

2. T

hat t

he d

raft

Stra

tegy

be

amen

ded

to in

corp

orat

e th

e in

stal

latio

n of

ped

estri

an h

andr

ails

on

the

shar

ed p

athw

ay o

n th

e Be

nalla

Mon

ash

Brid

ge.

G

MD

E To

be

pres

ente

d to

Pla

nnin

g an

d D

evel

opm

ent C

omm

ittee

m

eetin

g on

27

Sept

embe

r 20

17.

19.

F&O

26

/07/

17

3.

2017

/18

Com

mun

ity S

pons

orsh

ip P

rogr

am

That

the

Cou

ncil

appr

ove

the

follo

win

g gr

ants

to b

e fu

nded

from

the

2017

/18

Com

mun

ity S

pons

orsh

ip P

rogr

am:

Be

nalla

and

Dis

trict

Adu

lt R

idin

g C

lub

Inc.

$500

Bena

lla A

gric

ultu

ral a

nd P

asto

ral S

ocie

ty In

c.

$5

00

G

MC

C

Com

plet

ed

20.

F&O

26

/07/

17

8.

Hig

h C

ount

ry L

ibra

ry N

etw

ork

Shar

ed S

ervi

ce A

gree

men

t 201

7-20

20

That

the

Cou

ncil

appr

ove

the

Hig

h C

ount

ry L

ibra

ry N

etw

ork

Shar

ed

Serv

ice

Agre

emen

t 201

7–20

20.

C

EO

Com

plet

ed

Agen

da –

Ord

inar

y M

eetin

g of

Cou

ncil

6

Sept

embe

r 201

7

Item

N

o.

Dat

e of

M

eetin

g Ag

enda

Ite

m

Cou

ncil

Res

olut

ion

Res

pons

ible

O

ffice

r An

ticip

ated

Dat

e of

C

ompl

etio

n /

Com

men

t / S

tatu

s

21.

F&O

26

/07/

17

9.

Ben

alla

Art

Gal

lery

Spe

cial

Com

mitt

ee –

Ter

ms

of R

efer

ence

Th

at th

e Be

nalla

Art

Gal

lery

Spe

cial

Com

mitt

ee T

erm

s of

Ref

eren

ce

(as

amen

ded)

be

appr

oved

.

C

EO

Com

plet

ed

22.

OR

D

CO

UN

CIL

02

/08/

17

6.

Even

t Fun

ding

and

Tou

rism

Pro

mot

ion

That

the

follo

win

g ev

ents

be

fund

ed in

the

2017

/18

Budg

et:

2018

Nat

iona

l Cin

ema

Pop-

Up

$3,5

00

2018

RAC

V G

reat

Vic

toria

n Bi

ke R

ide

$12,

000

CEO

C

ompl

eted

23.

OR

D

CO

UN

CIL

02

/08/

17

9.2

Dra

ft C

ounc

il Pl

an 2

017-

2021

Th

at th

e C

ounc

il co

nsid

er th

e ad

optio

n of

the

Cou

ncil

Pla

n 20

17-

2021

at a

Spe

cial

Mee

ting

of th

e C

ounc

il on

Wed

nesd

ay 3

0 Au

gust

20

17.

G

MC

C

Com

plet

ed

Agen

da –

Ord

inar

y M

eetin

g of

Cou

ncil

6

Sept

embe

r 201

7

Item

N

o.

Dat

e of

M

eetin

g Ag

enda

Ite

m

Cou

ncil

Res

olut

ion

Res

pons

ible

O

ffice

r An

ticip

ated

Dat

e of

C

ompl

etio

n /

Com

men

t / S

tatu

s

24.

OR

D

CO

UN

CIL

02

/08/

17

9.3

Prop

osed

201

7/18

Bud

get

1. T

hat t

he P

ropo

sed

2017

/18

Bud

get b

e am

ende

d to

incl

ude

allo

catio

ns to

:

Bena

lla B

usin

ess

Net

wor

k $1

0,00

0

Bow

eya

Com

mun

ity In

c. $

5,00

0

Bena

lla S

ports

Ent

erta

inm

ent C

entre

Inc.

$20

,000

Bena

lla S

quas

h an

d R

acqu

etba

ll As

soci

atio

n $1

0,00

0

Rai

se th

e R

oof B

enal

la In

c. $

20,0

00

To

mm

orro

w:T

oday

Fou

ndat

ion

$10,

000

2. T

hat t

he C

ounc

il co

nsid

er th

e ad

optio

n of

the

2017

/18

Bud

get a

t a

Spec

ial M

eetin

g of

the

Cou

ncil

on W

edne

sday

30

Augu

st

2017

.

G

MC

C

Com

plet

ed

25.

OR

D

CO

UN

CIL

02

/08/

17

9.4

Com

mun

ity L

ocal

Law

201

7

1. T

hat n

o am

endm

ent b

e m

ade

to th

e dr

aft C

omm

unity

Loc

al

Law

. 2.

Th

at th

e su

bmitt

er b

e no

tifie

d of

the

Cou

ncil’s

dec

isio

n.

G

MD

E C

ompl

eted

Agen

da –

Ord

inar

y M

eetin

g of

Cou

ncil

6

Sept

embe

r 201

7

Item

N

o.

Dat

e of

M

eetin

g Ag

enda

Ite

m

Cou

ncil

Res

olut

ion

Res

pons

ible

O

ffice

r An

ticip

ated

Dat

e of

C

ompl

etio

n /

Com

men

t / S

tatu

s

26.

OR

D

CO

UN

CIL

02

/08/

17

9.5

Roa

d M

anag

emen

t Pla

n 20

17-2

021

1.

Tha

t the

reco

mm

enda

tions

as

deta

iled

in A

ppen

dix

1 be

en

dors

ed.

2. T

hat t

he s

ubm

itter

s be

adv

ised

of t

he C

ounc

il’s d

ecis

ion.

G

MD

E C

ompl

eted

27.

OR

D

CO

UN

CIL

02

/08/

17

9.6

Ben

alla

Per

form

ing

Arts

and

Con

vent

ion

Cen

tre

- Pro

pose

d 20

17/1

8 Fe

es a

nd C

harg

es

That

the

2017

/18

Fees

and

Cha

rges

for t

he B

enal

la P

erfo

rmin

g Ar

ts

and

Con

vent

ion

Cen

tre b

e ad

opte

d.

C

EO

Com

plet

ed



9.6 Mayor and Councillors’ attendance at committees and civic functions SF/808

Tracey Beaton – Acting Executive Assistant to the CEO, Mayor and Councillors The Mayor and Councillors, listed in alphabetical order, attended meetings and events as detailed below during the period from 20 July 2017 to 25 August 2017.

Councillor Barbara Alexander AO Cr Alexander on leave from 29 June2017 to 4 August 2017

7 August Benalla Health and Wellbeing Action Group

Benalla Festival Advisory Committee

9 August Councillors Only Forum

11 August Mock Interviews Year 9 students P-12 College

14 August Early Years Network

15 August Mental Health Communication Action Group

2017 National Student Volunteer Week Presentation

16 August

Advancing Benalla Briefing

Councillors Only forum

Assembly of Councillors Business Review

21 August Tour of campus and meeting with Management and Board of Goulburn Ovens Institute of TAFE Benalla and District Memorial Hospital Auxiliary AGM


Planning and Development Committee

24 August Launch of Legacy Week Civic Reception

Early Years Strategic Plan

25 August Australia Day Advisory Committee Councillor Danny Claridge Cr Claridge on leave 15 June 2017 to 6 September 2017


28



Councillor Peter Davis Cr Davis on leave 7 August 2017 to 25 August 2017

26 July

Councillors Only Forum

Finance and Operations Committee Assembly of Councillors to consider submissions on 2017-2021 Council Plan and 2017/18 Budget

1 August North East Small Business Festival launch


Council Meeting Mayor Councillor Don Firth Cr Firth on leave from 21 July 2017 to 25 July 2017 and 23 August 2017 to 28 August 2017

20 July Mayor and CEO Briefing ARTC meeting with representatives of Hume Corridor Passenger Rail Collaboration

26 July


Benalla Centre of Excellence Inaugural meeting

Mayor and CEO Briefing

Finance and Operations Committee Assembly of Councillors to consider submission on 2017-2021 Council Plan and 2017/18 Budget

27 July Accessibility Reference Group

28 July

Premier Daniel Andrews visiting P-12 College

Pitch Panel: Kids as Catalyst Philanthropy Pitch Event Sally Sykes-President and Amanda Challis-Past President - Rotary Club of Benalla Opening of Benalla Netball Association Court Upgrade by Ms Jaclyn Symes MP Anytime Fitness National 24 hr Treadmill Challenge for Suicide Prevention & Awareness

31 July Briefing on Small Business Festival Launch

1 August Greeting Japanese Students visiting FCJ College

North East Small Business Festival Launch

2 August

Fortnightly radio interview


Communications Advisory Committee

Council Meeting

29



3 August Mayor and CEO Briefing

7 August Benalla Festival Advisory Committee

9 August Radio 3NE interview with Andy Walker


Mayor and CEO Briefing

10 August Representatives of the Digital Innovation Festival

11 August Population Policy Task Force Roundtable discussion

14 August Benalla Wall To Wall Street Art Festival – governance structure

15 August 2017 National Student Volunteer Week Presentation

16 August

Fortnightly radio interview



17 August Mayor and CEO Briefing

Hunter and Co – Solar Farm Proposal

21 August Tour of campus and meeting with Management and Board of Goulburn Ovens Institute of TAFE

Councillor Bernie Hearn Cr Hearn on leave from 10 July 2017 to 11 August 2017

15 August 2017 National Student Volunteer Week Presentation



21 August Tour of campus and meeting with Management and Board of Goulburn Ovens Institute of TAFE Benalla and District Memorial Hospital Auxiliary AGM


Road and Footpath Management Plan Project Working Group



30



Councillor Scott Upston 25 July Unveiling of Cooinda Village Inc extension design

26 July


Finance and Operations Committee Assembly of Councillors - Service Review (to consider submission on 2017-2021 Council Plan and 2017/18 Budget)

1 August North East Small Business Festival Launch

2 August


Friends of the Benalla Library Annual General Meeting

Communications Advisory Committee

Council Meeting

7 August Health and Wellbeing Action Group


10 August Benalla Youth Service Providers Network

15 August Mental Health Communication Action Group

21 August Tour of campus and meeting with Management and Board of Goulburn Ovens Institute of TAFE




25 August Australia Day Advisory Committee

31



Councillor Willie van Wersch

26 July


Finance and Operations Committee Assembly of Councillors - Service Review (to consider submission on 2017-2021 Council Plan and 2017/18 Budget)


Council Meeting





Planning and Development Committee Recommendation: That the report be noted.

32



9.7 Appointment of Acting Mayor SF/808-02

Tony McIlroy – Chief Executive Officer PURPOSE OF REPORT The report seeks the appointment of an acting Mayor in accordance with the Local Government Act 1989. BACKGROUND Section 73(3) of the Local Government Act 1989 states if there is a vacancy in the office of Mayor or the Mayor is absent, incapable of acting or refusing to act, the Council must appoint one of the Councillors to be the acting Mayor. The Act further provides that an acting Mayor may perform any function or exercise any power conferred on the Mayor. Section 74 (1A) prescribes that if a Councillor is appointed to act as Mayor under section 73(3) for a continuous period exceeding 50 days, the acting Mayor may be paid a Mayoral allowance instead of a Councillor allowance for the period that he or she is acting as Mayor. DISCUSSION The Mayor Councillor Don Firth has requested leave of absence from 29 September 2017 to 16 October 2017 (refer Appendix 1). COUNCIL PLAN 2017-2021 IMPLICATIONS High Performing Organisation We will be a high performing, efficient and innovative organisation based on

sound financial management, accountability and good governance to provide best value service to our whole community.

Recommendation: That Councillor …………………..be appointed Acting Mayor for the period 29 September 2017 to 16 October 2017.

33

Appendix 1



10. Reports by Councillors Recommendation: That the reports be received. 11. Notice of Motion

12. Notice of Rescission Motion

13. Urgent Business Business can only be admitted as urgent business by resolution of the Council, and only then if it:

- relates to or arises out of a matter which has arisen since distribution of the agenda; and

- cannot be deferred until the next Ordinary Meeting without having a negative impact on the Council, the municipality or the local community; and

- cannot be addressed through the Customer Request Management System. A Councillor proposing that a matter be admitted as urgent business must lodge it in writing with the Chief Executive Officer by 4pm on the day of the Meeting. The Chief Executive Officer will advise the Mayor of any matter that the Chief Executive Officer determines appropriate for the Council to consider admitting as urgent business.

34



14. Confidential Business

A Council or Special Committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following:

(a) personnel matters; (b) the personal hardship of any resident or ratepayer; (c) industrial matters; (d) contractual matters; (e) proposed developments; (f) legal advice; (g) matters affecting the security of Council property; (h) any other matter which the Council or special committee considers would

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

It is proposed that the following items be considered in confidential business pursuant to Section 89(2) of the Local Government Act 1989.

Tenders for Contract CM17.051 Reseal for various Council Roads

2017/18 considered in Confidential Business pursuant to the Local Government Act 1989 s. 89(2)(d) contractual matters.

Tenders for Contract CM17.054 Gravel Re-sheet for various Council Roads 2017/18 considered in Confidential Business pursuant to the Local Government Act 1989 s. 89(2)(d) contractual matters.

Confidential Council Actions Pending (considered in Confidential Business pursuant to the Local Government Act 1989 s. 89(2) various sub-sections)

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

35



15. Reopening of Meeting to the Public

Recommendation:

That the meeting be reopened to the public.

16. Closure of Meeting

54