Minutes

 

 

 

                                                       Council

 

 

 

                                              12 April 2017

 

 

 

 

 

 

 

 

 

 

 

                                                                                                  www.bawbawshire.vic.gov.au

 


  Council

Meeting Minutes - 12 April 2017

 

 

1.        Opening and Recognition of Traditional Custodians. 4

2.        Reading of Affirmation and Prayer. 4

3.        Apologies. 5

5.        Civic Ceremonies. 5

6.        Confirmation of Previous Meeting Minutes. 5

6.        Councillors Declarations of Interest/Conflict of Interest 5

7.        Meeting Closed to the Public: Release of Information to the Public. 6

8.        Community Participation Time. 6

8.1     Questions on Notice. 6

8.2     Submissions. 9

9.        Petitions. 10

9.1     Alford Street Oak Trees. 10

10.     Our Community. 11

10.1  Consideration of Sponsorship Requests - February/March 2017. 11

10.2  West Gippsland Arts Centre Architectural Services - Separable Portion 4 Direction to Proceed. 38

10.3  Naming of Unnamed Reserves within Waterford Rise Estate Warragul 42

10.4  Renaming of Bennett Street Park Longwarry. 44

10.5  Positive Ageing Advisory Committee Member Endorsements. 51

10.6  Options for the Provision of Kindergarten Infrastructure. 54

11.     Council Leadership and Management 58

11.1  Tender 21761CT Council Building Maintenance-Electrical Services. 58

11.2  Tender 21760CT Council Building Maintenance-Plumbing Services. 61

11.3  Proposed Acquisition of VicTrack Reserve at 9 McDonald Street, Warragul 63

11.4  2018 General Revaluation.. 74

12.     Infrastructure and Community Assets. 76

12.1  Francis Avenue, Drouin - Traffic and Footpath.. 76

13.     Growth and Prosperity. 81

14.     The Environment 82

14.1  STREET LIGHTING PETITION - MILLENNIUM COURT, DROUIN.. 82

15.     Notices of Motion.. 84

15.1  Notice of Motion First Right of Refusal Buln Buln East Primary School Site  84

15.2  Notice of Motion Amendment to the Council Resolution of 8 March 2017, relating to Item 10.1 REINTRODUCTION OF THE KERBSIDE HARD WASTE COLLECTION. 85

16.     Committee and Delegates Reports. 87

16.1  West Gippsland Library Corporation board meeting update. 87

16.2  peri urban group of councils. 87

16.3 disability advisory committee. 87

16.4 update on the thorpdale travellers rest hotel 87

17.     Assembly of Councillors. 88

17.1  Assembly of Councillors Report 88

18.     Mayoral Minute. 93


  Council

Meeting Minutes - 12 April 2017

 

   Baw Baw Shire Council

Council Meeting

12 April 2017

Minutes

 

Minutes of the Ordinary Meeting of the Baw Baw Shire Council held in the

Trafalgar Council Chambers, Trafalgar Business Centre , commencing at 5.30pm  on 12 April 2017.

 

 

Present

Cr Gauci, Cr Power, Cr Wallace, Cr Leaney, Cr Kostos, Cr O’Donnell, Cr Goss, Cr Power

 

In Attendance

Mr M Cripps         Acting Interim Chief Executive Officer

Ms D Blandford  Acting Director Planning and Economic Development (arrived 5.39pm)

Ms J Oakley        Executive Manager, Community Information and Advocacy

Mr M Lewis          Acting Director Corporate and Community Services

Mr V Gupta          Acting Director Community Assets

Mr P Harris           Manager Council Business

Ms K Evans          Governance Advisor

 

 

1.      Opening and Recognition of Traditional Custodians

Cr Gauci opened the meeting with recognition of the traditional custodians being, I acknowledge the traditional custodians of the land on which we are meeting and pay my respects to their Elders both past and present.

 

2.      Reading of Affirmation and Prayer

Cr Gauci read the Councillors affirmation, being, ‘We now pause to reflect upon the solemn responsibilities conferred on us by the Parliament of Victoria through the Local Government Act (1989). 

We acknowledge that it is the responsibility of local government to ensure the peace, order and good governance of our Shire. 

We are to be responsible and accountable to our community here in Baw Baw Shire through good governance and leadership. 

 Almighty God,

Give wisdom and understanding to the members of this Baw Baw Shire Council.

In all our deliberations help each of us to listen carefully, perceive the best course of action have courage to pursue it and grace to accomplish it.

Amen

 

3.      Apologies 

 Mr P Cantillon – Interim Chief Executive Officer

 

Cr T Jones   

 

Mr David Dunstan.

 

5.      Civic Ceremonies

  N/A 

 

6.      Confirmation of Previous Meeting Minutes

 

COUNCIL MOTION

 

Moved:              Cr P Kostos

Seconded:        Cr M Power

 

 

That the minutes of the Ordinary Council Meeting held on 22 March 2017 be confirmed.

 

CARRIED

 

6.      Councillors Declarations of Interest/Conflict of Interest

 Cr Gauci declared a conflict of interest at Item 14.1 and 11.1 and left the Chamber accordingly at this time.

 

Cr Power declared a conflict of interest at Item 15.1 and 15.2 and left the Chamber accordingly at this time. Cr Power also left the Chamber when Irene Broadbent spoke at Item 8.2 Submissions relating to 15.1 and 15.2.

 

Cr O’Donnell declared a conflict of interest at Item 10.1 and left the Chamber accordingly at this time.  

 

 

 

 

 

7.      Meeting Closed to the Public: Release of Information to the Public

There was no confidential Council Meeting on Wednesday 12 April 2017 and therefore there was no information to be released to the public.

 

8.      Community Participation Time

8.1       Questions on Notice

Received from Helen Case

1. Information on the Municipal Association Victoria (MAV) website reads as a union organisation.  Is MAV a union organisation?

No, the MAV are the legislated peak body for local government in Victoria, formed in 1879.

 The MAV are incorporated by an Act of State Parliament and the Municipal Association Act 1907 defines their purpose and sets out how they operate.

The MAV State Council is their governing body. It is made up of representatives from each member council.

2. In relation to the local government/corporation subscription to MAV, what is the equivalent organisation for state and federal government?

Council is unaware of any such association for State or Federal Government. Notwithstanding this, both tiers of Government have representation on their Council of Australian Government and United Nations respectively.

What other organisations were subscribed to using ratepayer money whilst under the direction of the former CEO, Helen Anstis?

Council is a member of the following associations:

Gippsland Local Government Group;

 Peri Urban Group of Rural Councils;

Rural Councils Victoria;

South East Australia Transport Strategy (SEATS);

Victorian Chamber of Commerce and Industry;

Local Government Professionals (LGPro);

Timber Towns Victoria (2015/16); and

Destination Gippsland; and Lardner Park Strategic Partnership Agreement.

4. In non-jargon language, would you please explain Baw Baw Shire Councils interpretation of the regularly used catch phrase of Sustainable Development?

When referring to sustainable developmentCouncil is referring to development that meets the needs of the present, without compromising the ability of future generations to meet their own needs.

5. How is this demonstrated in the ever increasing standards of housing developments?

The design of subdivisions is how sustainable development is achieved in towns. The planning scheme provides direction for development of these subdivisions, taking into account solar orientation of lots, open space provision, construction standards, providing a variety of lot sizes and infrastructure provision. The direction provided in the planning scheme assists to ensure Baw Baw has the right mix of lot sizes for the population both now and into the future.

Received from Amy Ridgway

I make note that Accomplished Plumbing Services was disqualified (for Tender 21760CT Building Maintenance – Pluming Services) because we did not meet a mandatory requirement that it must offer a range of plumbing services.

 

The tender specification listed 3 mandatory requirements:

-           Confirmation of insurance policies held and level of cover

-           Confirmation of satisfactory licenses and accreditation

-           Occupational Health and safety management systems

 

There is no mention within the tender documents that two or more services must be selected for evaluation to occur of the submitted tender.

May I ask that our tender be fully evaluated against the listed criteria; we believe that we would be successful given the criteria and the other tenders’ abilities and weighting.

 

My question is may Accomplished Plumbing Services PL submission please be fairly and fully evaluated against the advertised conditions?

 

The Report details that Accomplished Plumbing Services PL was disqualified because they did not meet a mandatory requirement that it must offer a range of plumbing services. Council acknowledge that incorrect terminology was use in reference to Accomplished Plumbing Services in the report.

 

Accomplished Plumbing Services PL was unsuccessful because it didn't offer a range of services which the tender request was seeking.

It is important to note however, that the proposed recommendation to award the contract in the said Council Report was measured utilising Council’s Tender Evaluation matrix which employs an independent, consistent, considered and transparent approach in assessing contractors for each tender received. 

 

The terminology error noted in the officer report does not impact the evaluation outcome detailed in the recommendation.

 

Council thank Accomplished Plumbing Services PL for their tender submission.

 

Any Tenderer, including Accomplished Plumbing Services PL, has the opportunity to seek further information or feedback in relation to tender submissions by contacting Councils Procurement Coordinator post Council’s decision tonight for a full debrief and meeting to better understand the evaluation process and outcome.

 

Received from John Hart

Warragul CBD Parking Restrictions

In his column ‘Around Baw Baw With The Mayor’ (Warragul & Drouin Gazette, 16 August 2016, p.8), Cr Gauci invited answers to the question: ‘Do you want strict enforcement of time zones to free up parking spaces and will the community accept the fines?’

1. How many responses were received?

 

The Mayor (along with other councillors) spoke with a number of people regarding this matter. During the period of the mayoral column, questions posed by the mayor were not captured formally. 

 

2. What, broadly, was the balance of opinion expressed?

 

The purpose of the mayoral column was to inform and activate the community on matters that were topical for our community.  

 

3. Has any additional compliance monitoring/enforcement been done as a result of comment received &/or of the preceding public controversy?

 

Council increased its parking patrols in recent months in response to strong community feedback. The Mayoral column attempted to seek further feedback from the community and parking patrols have not been altered as part of this process.

 

Council Publicity

 

The column ‘Around Baw Baw With The Mayor’ was regularly published in both the Gazette and Trader last year, but has not appeared since the present councillors took office and Cr Gauci was re-elected as Mayor.

 

1. Why has the mayoral column been discontinued?

 

This was an agreement between the Gazette and the previous Council.  Council is currently reviewing its media policy. Council is also reviewing the avenues it uses to best connect with the community. It is not confirmed whether this form of communication will continue into the future.

 

 

2. What was its cost of placement in the local papers in 2016?

 

The mayoral column was offered by the Gazette at no cost to Council. Council wishes to thank the Gazette for the opportunity which provided another avenue to engage with our community.

 

8.2       Submissions

The following persons spoke on an item on the agenda.

     

Submitter                             

Agenda Item

Irene Broadbent                  

15.2 (Cr Power declared a conflict of interest and left the Chamber at 5.36pm when Irene Broadbent commenced her submission and returned to the Chamber at 5.39pm after item Eric Smith completed his submission)

Eric Smith     

 


  Council

Meeting Minutes - 12 April 2017

 

9.      Petitions

1 petition was received.

Bree Bateman and Richard Williams, the lead petition writers submitted a petition to Council which was received on 11 April 2017. The petition reads:

Dear Councillors,

We wish to draw your attention ot he preference that may reidents of Alford Street, Warragul, and the wider community have for the oak trees lining Alford Street to keep their majestic appearance.

The attached petition contains support from 25 residents of Alford St Warragul, and 36 members of the wider community.

In addition, a Faceook page seeking support for the oak trees lining Alford Street (Help Save the Alford St tress) had collected 359 likes as at 10.41AM, 11 April 2017. Comments from people visiting the page include:

My Favourite street in Warragul. Do the residents realise that these trees add thousands of dollars to their property value?

My grandparents built their house in Alford Street. I grew up playing in the leaves. Beautiful street.

I drive and walk down here just because it is a majestic atmosphere and gives me a sense of calming and happiness. I love that there is still beautiful little strees like this in our town.

Not long living here but they are my son and I’s favourite trees.

We also note that some people have chosen Alford Street for their home because of the beautiful trees.

All of the people that we have personally spoken to acknowledge that some pruning around electricity wires is required for safety. However, the reporting by the Gazette newspaper that a petition had been submitted calling for “Council to prune the trees to respect property boundaries of residents” has raised alarm. In some instances this would require two meters of tree canopy to be removed, resulting in huge scars to their visual appeal.

The oak trees of Alford Street give value, hold memorise, and provide solace. We ask that Council consider this when deliberating the future of these majestic guardians.

9.1       Alford Street Oak Trees

RECOMMENDATION

That Council:

·         Receive and note the petition signed by 65 people;  and

·         Incorporates a response relating to this matter with the response that is being prepared for the petition that was tabled on Wednesday 8 March 2017 relating to the Oak Trees lining Alford Street;

·         Provides a response directly to the lead petition writers, relating Council’s decision on the matter.

COUNCIL MOTION

 

Moved:              Cr M Power

Seconded:        Cr D Goss

CARRIED

 

10.    Our Community

10.1    Consideration of Sponsorship Requests - February/March 2017

Coordinator Strategic and Community Planning

Directorate:  Planning and Economic Development

 

Ward:          All

 

Appendix:     1 attachment

CR O’DONNELL DECLARED A CONFLICT OF INTEREST AND LEFT THE CHAMBER AT 5.48PM.

 

purpose

For Council to consider two sponsorship applications submitted February and March 2017 in accordance with the Community Funding Assistance Program guidelines.

REcommendation

That Council:

1.   Does not support the sponsorship request by Baw Baw Business & Community Network Events for $2,500 as the information provided does not meet the criteria of the Community Funding Assistance Program.

2.   Supports the sponsorship request for $500 from Off the Leash Theatre.

 

COUNCIL MOTION

 

Moved:              Cr M Leaney

Seconded:        Cr D Wallace

CARRIED

 

Cr O’Donnell returned to the chamber at 5.50pm.

 

Key POINTS/Issues

·        At its 11 May 2016 Ordinary Council Meeting, Council resolved to endorse the Community Funding Assistance Program document and launch the Program (Attachment One). The Community Funding Assistance Program included an event sponsorship category.

·        Two sponsorship applications were received during February and March 2017 from Baw Baw Business & Community Network Events and Off the Leash Theatre.

·        Baw Baw Business & Community Network Events is requesting $2,500 to sponsor four networking events in Baw Baw Shire. The most current dinner event (held on 29 March 2017) required participants to purchase a ticket to attend.

·        Council sponsored the Baw Baw Business & Community Network Events for a number of years until 2015.

·        Off the Leash Theatre is requesting $500 to sponsor the production of their new show ‘Checklist for an Armed Robber’.

·        Off the Leash Theatre is based in Baw Baw Shire (Warragul), as is the majority of the acting and production team. The theatre company will be part of the West Gippsland Art Centre’s ‘Outside the Walls’ season.

·        Checklist for an Armed Robber’ will be performed across four municipalities (Baw Baw Shire, City of Yarra, Latrobe City and Wellington Shire) and includes at least four shows.

·        The two applications have been assessed under the Community Funding Assistance Program criteria.

TRIPLEBOTTOMLINE IMPLICATIONS

COMMUNITY IMPACT

The determination of these applications will provide opportunity for seed funding for community events. 

ENVIRONMENTAL IMPACT

The determination of these applications does not have any identified environmental impacts.

FINANCIAL IMPACT

The financial contribution needs to be determined by Council. The allocation of funds would be covered within the existing operational budget.  

Consultation

Not applicable.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This program assists with the achievement of the key strategic objective as set out in the Council Plan 2013-2017:

Strategic Objective 1 Our Community

 

1.2       Dynamic, vibrant and inclusive communities.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This program has been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

Successful applications for Level Two, Three and Four sponsorship are required to enter a sponsorship agreement to ensure funding is appropriately spent.

POLICY IMPACTS

The sponsorship applications have been assessed in accordance with the endorsed Community Financial Assistance Program.

CONFLICT OF INTEREST DECLARATION

No officer involved in the preparation of this report has a disclosable interest.


  Council

Meeting Minutes - 12 April 2017

 

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  Council

Meeting Minutes - 12 April 2017

 

10.2    West Gippsland Arts Centre Architectural Services - Separable Portion 4 Direction to Proceed

Manager Contract Services

Directorate:  Community Assets

 

Ward:          Warragul

 

Appendix:     1 attachment

       

 

purpose

To seek approval from Council to proceed with Separable Portion 4 Part B, Construction Services of the Architectural Services (21538CT) for the West Gippsland Arts Centre.

REcommendation

That Council:

1.   Approve Separable Portion 4 Part B Construction Services for the architectural design and documentation for construction of the redevelopment of the Warragul Arts Centre project to Williams Ross Architects Contract 21538CT for the sum of $189,241 (ex GST); and

2.   Delegates the Interim Chief Executive Officer to authorise Separable Portion 4 Part B of the architectural consultancy.

 

COUNCIL MOTION

 

Moved:              Cr D Wallace

Seconded:        Cr M Power

CARRIED

Key POINTS/Issues

·    A Contract (21538CT) for the Architectural Services for the upgrade of the WGAC was awarded to Williams Ross Architects in March 2015.

·    This contract 21538CT is made up of four ‘separable portions’ (S.Ps).

·    The four portions are as follows:

o S.P 1: Schematic Plan – Development and Documentation (completed);

o S.P 2: Design and Documentation for Planning Application (completed);

o S.P 3: Design and Documentation for Construction (completed);

o S.P 4: Construction Services (two parts).                             

·    S.P 1, 2, 3 4 Part A have been awarded under Delegated Authority.

·    S.P 4 Part B requires Council’s approval.

·    The intention behind using separable portions for this project is to allow continuity and consistency with the planning, design and construction phases, whilst still giving Council the ability to cease works at the completion of any portion and proceed with works on any portion at their absolute discretion.

·    S.P.4 has been split into two parts – S.P.4 Part A from 22 March 2017 to 22 August 2017under purchase delegations and S.P.4 Part B for the period 23 August 2017 to 29 May 2018.

·    The commencement of S.P.4 Part A was needed to be brought forward as part of the Architectural Services (21538CT) for the West Gippsland Arts Centre to avoid potential project cost implications and time overruns.

·    The Construction Services tasks (S.P.4 Parts A and B) are to:

a)   Resolve through the Council’s Project Manager requests for information (“RFIs”) with the contractor. If any RFI has cost or time implications for Council, discuss those RFIs with the Council’s Project Manager. Update and issue revised drawings as required.

b)   Make recommendations regarding alternative methods and products proposed by the contractor.

c)   Advise the Council’s Project Manager on variations and variation costing as required.

d)   Inspect and co-ordinate the assessment and approval of works, prototypes, samples, products, shop drawings and material samples in association with the Council’s Project Manager.

e)   Attend meetings that would occur at least monthly and more frequently during critical periods as determined by the Council’s Project Manager. Inspect at regular intervals to enable appropriate advice to be given to the Council’s Project Manager on design intent and quality control issues.

f)    Update and issue revised contract drawings incorporating any design clarifications through the Council’s Project Manager as required.

g)   Deliver all inspections and certification required by the sub Consultants under the technical specifications or quality assurance systems for the project.

h)  Advise on all necessary commissioning testing and all warranties from contractors; and advise on required approvals from Authorities and other stakeholders.

i)    Review operations and maintenance manuals.

j)    In co-ordination with Council’s Project Manager, provide defect inspection advice / assistance at Practical Completion and at the end of the defects liability period, and prepare a defects list for execution by the contractor.

k)   Complete an inspection of rectified defects and sign off once they are completed in accordance with the requirements of the contract.

 

Triple Bottom Line Implications

COMMUNITY IMPACT

A Project Reference Group was established to guide the project through this architectural consultancy.

ENVIRONMENTAL IMPACT

Best practice environmental measures will be considered as a part of the construction phase, particularly to lower the Arts Centre Operating Costs.

FINANCIAL IMPACT

Details of the the budget for this project are in the attachment to this report.

 

Consultation

Stakeholder consultation has taken place through a number of community presentations, venue open days and venue tours to ensure the aims and proposed outcomes for the project are well understood and supported prior to moving to this next stage of construction.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This Separable Portion of the Architectural Services assists with the achievement of the key strategic objective as set out in the Council Plan
2013-2017:

Strategic Objective 1 - Our Community

       1.1 - Delivering affordable and quality services to the community.

The West Gippsland Arts Centre delivers a range of professional arts, cultural and events services to the community and encourages access to these opportunities for the broad community, promoting Baw Baw Shire’s reputation as a vibrant centre for arts and cultural activity.

       1.2 - Dynamic, vibrant and inclusive communities.

Delivery of arts, cultural and events services to the community and encouraging and promoting access to these opportunities for the broad community, promoting Baw Baw Shire’s reputation as a vibrant centre for arts and cultural activity.

       1.3 - Enhanced community quality of life.

Council seeks to improve the opportunities for community recreation and leisure activities through: Facilitating a rich arts and cultural community to provide opportunities for recreational pursuits which enhances community health and wellbeing.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This project has been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

Council is obligated to comply with Section 186A of the Local Government Act 1989 by considering and approving tenders where contract value is in excess of $250,000 including GST.

POLICY IMPACTS

Baw Baw Shire has a Procurement Policy made in accordance with requirements of Section 186A of the Local Government Act 1989.  Tender evaluation was carried out in accordance with this policy.

CONFLICT OF INTEREST DECLARATION

No officer involved in the preparation of this report has a disclosable interest under Section 80C of the Local Government Act 1989.

 


  Council

Meeting Minutes - 12 April 2017

 

10.3    Naming of Unnamed Reserves within Waterford Rise Estate Warragul

Business Systems Analyst

Directorate:  Corporate and Community Services

 

Ward:          Central Ward

 

Appendix:     2 attachments

       

 

purpose

For Council to consider naming two unnamed reserves in Waterford Rise Estate Warragul.

REcommendation

That Council names the two unnamed reserves in Waterford Rise Estate Warragul ‘Strachan Park’ and ‘Harkness Park’.  

 

COUNCIL MOTION

 

Moved:              Cr D Goss

Seconded:        Cr M Power

CARRIED

Key POINTS/Issues

·    For any request to name, rename or change the boundaries of features, localities and roads within the municipality Council refers to the ‘Naming rules for places in Victoria, Statutory requirements for naming roads, features and localities – 2016 (naming rules)’. These guidelines, provided for in the Geographic Place Names Act 1998, are mandatory for naming authorities in Victoria.

·    Council received a submission from Baw Baw Developments proposing names for six reserves within the Waterford Rise Estate (Attachment 1).

·    As each reserve is constructed Council is undertaking an official naming process

·    Baw Baw Developments have requested the name ‘Harkness Park’ be considered for Reserve Area 5. This would be named after Oliver Harkness, the original owner of crown allotment 88 and land owner for 15 years. The name was selected for this park due to its highway frontage and exposure for name of one of the original settlers of this area.

·    Baw Baw Developments have requested the name ‘Strachan Park’ be considered for Reserve Area 6. This would be named after Jack Strachan, a previous land owner with family descendants for approximately 58 years and strong ties to the community.

Triple Bottom Line Implications

COMMUNITY IMPACT

The proposal provides an identity to un-named reserves which will assist the residents and emergency services in this area.

ENVIRONMENTAL IMPACT

The proposal has no environmental impact.

FINANCIAL IMPACT

The proposal has no financial impact.

Consultation

·    An advertisement was placed in the Warragul Gazette on the 22nd November 2016 and allowed for 30 days of submissions

·    One submission was received which does not object to the proposed names but requests that other names be considered for future features within the region (Attachment 2).

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This place naming assists with the achievement of the key strategic objective as set out in the Council Plan 2013-2017: Our Community – Enhanced community quality of life.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This place naming assists with the achievement of the key strategic objective as set out in the Council Plan 2013-2017: Our Community – Enhanced community quality of life.

LEGAL

The guidelines for place naming in Victoria are provided for under Section 5 of Geographic Place Names Act 1998.

POLICY IMPACTS

This proposal has no policy impacts.

CONFLICT OF INTEREST DECLARATION

No officer involved in the preparation of this report has a disclosable interest.

 

 

 

 


  Council

Meeting Minutes - 12 April 2017

 

10.4    Renaming of Bennett Street Park Longwarry

Business Systems Analyst

Directorate:  Corporate and Community Services

 

Ward:          West Ward

 

Appendix:     4 attachments

       

 

purpose

For Council to consider renaming ‘Bennett Street Park’ Longwarry

REcommendation

That Council rename ‘Bennett Street Park’ to ‘Longwarry Memorial Park.   

 

COUNCIL MOTION

 

Moved:              Cr K Cook

Seconded:        Cr J O’Donnell

 

CARRIED

Key POINTS/Issues

·    During the ANZAC centenary period (2014–18), the Victorian government is conducting a commemorative naming project in partnership with naming authorities, primarily councils. 

·    The project is an opportunity for Victorians to acknowledge the wartime service and sacrifice of their local municipality's military service people or locals who supported Australia's military cause.

·    Council received a submission from the Longwarry RSL Sub Branch proposing to rename ‘Bennett Street Park’ off Bennett Street to ‘Longwarry Memorial Park’ (Attachment 1 and 2).

·    For any request to name, rename or change the boundaries of features, localities and roads within the municipality Council refers to the ‘Naming rules for places in Victoria, Statutory requirements for naming roads, features and localities – 2016 (naming rules). These guidelines, provided for in the Geographic Place Names Act 1998, are mandatory for naming authorities in Victoria.

·    When Council receives any naming request the proposal is validated against the naming rules.  Council Officers concluded that the proposed name could be in conflict with ‘Principle (D) Ensuring names are not duplicated’ due to an existing Memorial Park in the nearby Drouin township. To confirm if this was the case an ‘In Principle Support’ request was sent to the Office of Geographic Names for their clarification on the proposals conformance to the naming rules. The Registrar of Geographic Names then provided in principle support to this proposal (Attachment 3).

Triple Bottom Line Implications

COMMUNITY IMPACT

·    The renaming is an appropriate recognition for the sacrifices made by local men and women in wars and conflicts around the World

·    The proposal provides the community with a park name that better reflects the Longwarry Sub RSL Cenotaphs location, ANZAC Day and Remembrance Day Services

 

ENVIRONMENTAL IMPACT

The proposal has no environmental impact.

FINANCIAL IMPACT

Council will be required to replace the park naming signage after official renaming

Consultation

·    An advertisement was placed on Council Website and in the Longwarry News – February 2017 edition and allowed for 30 days of submissions

·    One submission was received which supports the park renaming proposal (Attachment 4).

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This place naming assists with the achievement of the key strategic objective as set out in the Council Plan 2013-2017: Our Community – Enhanced community quality of life.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This project has been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

The guidelines for place naming in Victoria are provided for under Section 5 of Geographic Place Names Act 1998.

POLICY IMPACTS

This proposal has no policy impacts.

CONFLICT OF INTEREST DECLARATION

No officer involved in the preparation of this report has a disclosable interest.

 

 

 


  Council

Meeting Minutes - 12 April 2017

 

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  Council

Meeting Minutes - 12 April 2017

 

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Meeting Minutes - 12 April 2017

 

10.5    Positive Ageing Advisory Committee Member Endorsements

Human Services Manager

Directorate:  Corporate and Community Services

 

Ward:         

 

Appendix:    

       

 

purpose

For Council to appoint new Positive Ageing Advisory Committee members for a term of up to four years.

REcommendation

That Council appoint the following eight (8) community individuals, service providers, and community group applicants to the Positive Ageing Advisory Committee:

 

1.   Community Representative – Beryl Raufer

2.   Community Representative – Susan Collis

3.   Community Representative – Aldo Bagnara        

4.   Community Representative – Arlene McGuire

5.   Aged Care Service Provider West Gippsland Healthcare Group –

      Kate Palmer

6.   Aged Care Service Provider Lyrebird Village – Bill Baker

7.   Community group U3A – Kaye Dennis

8.   Community group Kurnai Nations – Cheryl Drayton

  

COUNCIL MOTION

 

Moved:              Cr M Power

Seconded:        Cr P Kostos

CARRIED

Key POINTS/Issues

·    Council recognises the importance of the involvement of older people in the design and delivery of age-friendly initiatives, programs and policy. Thus a key action within the Positive Ageing Strategy is establishing a Positive Ageing Advisory Committee to oversee the strategy and report on outcomes throughout the life of the strategy.

 

·    The Positive Ageing Advisory Committee’s objectives are to provide the Council with strategic advice on ageing related issues, links to the broader ageing community and explore issues that impact older people within the municipality.

·    The Positive Ageing Advisory Committee is a committee of Council that works in collaboration with Council’s Assessment Service Coordinator to provide advice and recommendations to Council on matters relating to ageing.

 

·    The Positive Ageing Strategy 2015 has been adopted by Council and is underpinned by evidence based framework such as Commonwealth’s Aged Care Reform, Living Longer, Living Better 2012, and the World Health Organisation (WHO) Global Age-friendly Cities: A Guide 2007.

 

·    The Positive Ageing Strategy and the role of the Positive Ageing Advisory Committee will be regularly reviewed in line with the above mentioned framework documents.  

 

Triple Bottom Line Implications

Financial Impact

·    Costs associated with supporting the Positive Ageing Advisory Committee and general meeting costs.

 

Environmental Impact

·        Nil

Community Impact

·    The Positive Ageing Advisory Committee provides community input into matters pertaining to ageing access in Baw Baw Shire.

·    The committee’s role is to report to the Council and provide appropriate advice and recommendations on matters relevant to the Terms of Reference in order to facilitate decision making by the Council in relation to the discharge of its responsibilities.

·    Members are appointed to represent a wide range of organisations and community members to collaboratively use their knowledge to represent the committee.

Consultation

·    Expressions of interest for the Positive Ageing Advisory Committee vacancies were advertised using print media and Council’s website.

·    Members of the Positive Ageing Advisory Committee are expected to consult with their broader networks in the community on issues relating to ageing.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This Positive Ageing Advisory Committee assists with the achievement of the key strategic objective as set out in the Council Plan 2013-2017:

·    Our Community.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

The Positive Ageing Advisory Committee has been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

·        Nil

POLICY IMPACTS

·    Baw Baw Shire Positive Ageing Strategy 2015

·    Commonwealth’s Aged Care Reform, Living Longer, Living Better 2012

·    Victorian Government Seniors Participation Action Plan 2014 – 2019

·    The World Health Organisation (WHO) Global Age-friendly Cities: A Guide 2007

CONFLICT OF INTEREST DECLARATION

No officer involved in the preparation of this report has a disclosable interest.

 

 

 


  Council

Meeting Minutes - 12 April 2017

 

10.6    Options for the Provision of Kindergarten Infrastructure

Family and Children Services Coordinator

Directorate:  Corporate and Community Services

 

Ward:         

 

Appendix:    

       

 

purpose

To provide Council with an overview of options available for the provision of kindergarten infrastructure within the Baw Baw Shire.

REcommendation

That Council allocate the amount of $500,000 in the draft 2017/18 Budget in order to co-fund Kindergarten infrastructure. 

 

COUNCIL MOTION

 

Moved:              Cr M Power

Seconded:        Cr D Goss

 

CARRIED

Key POINTS/Issues

·        For the last five years, there has been increasing pressure on kindergarten places as a result of growth in the Shire.

·        The Bowen Park Kindergarten will cease operation at the end of 2017.  This service has the capacity to accommodate up to 52 children.   Beyond 2018, the loss of the Bowen Park facility will see increasing numbers of children unable to access kindergarten in Warragul. 

·        It is anticipated that Trafalgar and Yarragon kindergarten programs will be at capacity in 2018. 

·        The priorities for kindergarten infrastructure identified in the Municipal Early Years Infrastructure Plan (2010) were

Ø  Drouin (completed 2016)

Ø  Warragul

Ø  Trafalgar

·        Council is currently in the process of reviewing and updating the Municipal Early Years Infrastructure Plan (MEYIP).  The loss of places from Bowen Park Kindergarten means that the most immediate need for additional kindergarten infrastructure is in Warragul.  The updated MEYIP will then verify the ongoing priories to meet the growing demand across Baw Baw Shire.

·        There is significant variance across LGA’s regarding Councils’ involvement in kindergartens.  Areas of involvement include

Ø  Full management of services (cluster management)

Ø  Provision of kindergarten buildings and infrastructure, including associated maintenance, including funding (or co-funding) of new infrastructure

Ø  Minor grant provision

Ø  Management of kindergarten central registration and/or enrolment scheme

·        Currently, Council’s involvement in the kindergarten space is limited to management and administration of the Central Registration and Enrolment Scheme, and acting as landlord for 8 kindergarten buildings.

·        Council’s previous position around the provision of kindergartens in Baw Baw Shire was determined at the meeting held on 27 November 2013: 

 

COUNCIL MOTION

Moved : Cr T Jones

Seconded: Cr M Power

That Council:-

1            . Re-Confirms that Council does not provide kindergarten services

2. Officer work with cluster managers to increase their capped capacity

3. Forms a cross-governmental working group, including members of the

    Early Years Advisory Committee, to help achieve integrated   

    sustainable children’s hubs to meet the immediate shortfall of   

    kindergarten places; and

4. Advocates strongly for the implantation of the Yarragon model of an 

    integrated children’s services hub at primary school sites across Baw 

    Baw Shire.

 

·        There are several models available for the funding of any proposed new kindergarten infrastructure

Ø  Fully Council funded

While Developer Contribution Levy funds may be available in the medium to long term to be put towards ‘community facilities’, this money is unlikely to be available in time to address the immediate shortage.  

Ø  Combination Department of Education and Training (DET) & Council funding

There are several opportunities for funding through DET.  DET regularly releases funding for the provision of early years infrastructure.  Three types of funding exist under the Children’s Facilities Capital Works Program, with grant amounts of up to $1.6 million available.  Each requires a minimum co-contribution of between 25-60%.  As an example, under the New Early Learning Facility grant, the Department may provide up to$650,000, but would require a co-contribution of 25% towards the project. 

Ø  Private partnership

Whilst theoretically achievable as a funding option, kindergarten services (unlike Long Day Care services) are not typically a viable business proposition.  This makes private investment unlikely.   Cluster managers are not funded to provide infrastructure.

·        Last year, the MAV, in partnership with the State Government developed a Compact to help define the roles of all partners in the provision of early years services.  The Compact sets out a clear, shared view of the role of the State (as represented by DET and DHHS) and local government (as represented by MAV) to lift outcomes for young children and their families.  Whilst still awaiting final sign-off, the compact defines the role of local government as having

a statutory and social responsibility for planning for its local community.   It supports the learning, health and wellbeing of Victorian children and families through determining policy at a local level. There are 79 local councils in Victoria.  Each one of these takes a place-based approach to planning, funding and infrastructure, as well as the coordination and delivery of services for children and families.”

 

Triple Bottom Line Implications

COMMUNITY IMPACT

·    There is a recent history, and associated strong community expectation regarding Council’s provision of kindergarten infrastructure.  

·    There is significant community anxiety and unrest regarding the upcoming place shortage

ENVIRONMENTAL IMPACT

·    None

FINANCIAL IMPACT

·        Capital-

If Council decides to invest kindergarten infrastructure, the impact on the capital works budget would be dependent upon the model of funding pursued.  The co-funding of a kindergarten would require a minimum of $500,000.

·        Operating-

There will be some ongoing expense associated with the maintenance of any new facility.

Consultation

·    No engagement has been undertaken at this time

 

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This report on The Options for Kindergarten Infrastructure assists with the achievement of the key strategic objective as set out in the Council Plan 2013-2017:

·    Our Community

1.1             Delivering affordable and quality services to the community.

·    Growth and Prosperity

4.1       Planning to meet the needs of the community today and in the future

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This report has been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

·    There is no legal impact at this stage

POLICY IMPACTS

·    While Council does not have a role in the delivery of kindergarten services in Baw Baw, the Central Enrolment Scheme provides planning data related to capacity and infrastructure requirements.

CONFLICT OF INTEREST DECLARATION

No officer involved in the preparation of this report has a disclosable interest.

 

 

 

 

 

 


  Council

Meeting Minutes - 12 April 2017

 

11.    Council Leadership and Management

11.1    Tender 21761CT Council Building Maintenance-Electrical Services

Facilities Maintenance Coordinator

Directorate:  Community Assets

 

Ward:          All

 

Appendix:     3 attachments

       

CR GAUCI DECLARED A CONFLICT OF INTEREST AND LEFT THE CHAMBER AT 6.08PM. CR GAUCI STOOD DOWN AS CHAIR, AND DEPUTY MAYOR, CR POWER STEPPED INTO THE POSITION AS CHAIR.

 

purpose

This report recommends that Council accepts tenders from Adapt Essential Services Pty Ltd, Malady Electrical Pty Ltd, Gauci Electrics Pty Ltd and GJ Blaby Electrical Contractors for Tender No. 21761CT Council Building Maintenance-Electrical Services.

REcommendation

That Council:

1.   Accepts the Schedule of Rates tenders submitted by Adapt Essential Services Pty Ltd, Malady Electrical Pty Ltd, Gauci Electrics Pty Ltd and GJ Blaby Electrical Contractors for Tender No. 21761CT Council Building Maintenance-Electrical Services; and

2.   Delegates the Interim Chief Executive Officer to sign the contract documents after they have been completed.

 

COUNCIL MOTION

 

Moved:              Cr D Wallace

Seconded:        Cr M Leaney

CARRIED

 

DEPUTY MAYOR, CR POWER, STOOD DOWN AS CHAIR AND CR GAUCI RETURNED TO THE CHAMBER AND RESUMED THE ROLE AS CHAIR AT 6.09PM.

 

Key POINTS/Issues

·    The tender specification provides for the establishment of a Panel of Electricians to undertake maintenance works on Council’s building assets and facilities. The type of work to be performed includes both minor maintenance and small projects up to $100,000 in value.

·    The tender was based on a schedule of rates for a period ending 30 June 2020 with the option of two one-year extensions at Council discretion.

·    Tenders were advertised in the Warragul Gazette and Tenderlink and closed on Wednesday 22 February 2017.

·    Six tenders were received.

·    Tender submissions were evaluated in accordance with nominated criteria. (Refer to attachments “Tender Recommendation Report, Evaluation Assessment and Best Value Report” for details).

Triple Bottom Line Implications

COMMUNITY IMPACT

The appointment of these contractors to perform electrical work on Council properties will improve the quality of maintenance works and improve response times, hence improving the condition of Council properties and service delivery.

ENVIRONMENTAL IMPACT

·    The contract specifications contain standards that need to be met in terms of minimizing impacts on the environment when undertaking work under this contract.

·    All tenderers, with the exception of GJ Blaby Electrical Contractors have formal environmental policies that aim to minimise risks to the environment.

FINANCIAL IMPACT

Any costs resulting from the appointment of the contractors under this contract have been allowed for in Council’s current capital and maintenance budgets.

Consultation

Not applicable.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This appointment of contractors to undertake electrical services assists with the achievement of the key strategic objective as set out in the Council Plan 2013-2017:

Council Leadership and Management

2.1 Financial responsibility and responsible management of Council resources and people.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This appointment of contractors to undertake electrical services has been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

Section 186A of the Local Government Act requires Council to prepare and comply with a Procurement Policy.

POLICY IMPACTS

The appointment of contractors to provide electrical services supports Council’s Procurement Policy.

CONFLICT OF INTEREST DECLARATION

No officer involved in the preparation of this report has a disclosable interest.


  Council

Meeting Minutes - 12 April 2017

 

11.2    Tender 21760CT Council Building Maintenance-Plumbing Services

Facilities Maintenance Coordinator

Directorate:  Community Assets

 

Ward:          All

 

Appendix:     3 attachments

       

 

purpose

This report recommends that Council accept tenders from Australian Facilities Plumbing, Brandy Creek Plumbing Pty Ltd, Heenan Plumbing Pty Ltd, O’Brien Enviro Plumbing Pty Ltd and Ray Doyle Plumbing for plumbing services.

REcommendation

That Council:

1.   Accepts the Schedule of Rates tenders submitted by Australian Facilities Plumbing, Brandy Creek Plumbing Pty Ltd, Heenan Plumbing Pty Ltd, O’Brien Enviro Plumbing Pty Ltd and Ray Doyle Plumbing for Tender No. 21760CT Council Building Maintenance-Plumbing Services; and

2.   Delegates the Interim Chief Executive Officer to sign the contract documents after they have been completed.

 

COUNCIL MOTION

 

Moved:              Cr P Kostos

Seconded:        Cr D Goss

CARRIED

Key POINTS/Issues

·    The tender specification provides for the establishment of a Panel of Plumbers to undertake maintenance works on Council’s building assets and facilities. The type of work to be performed includes both minor maintenance and small projects up to $100,000 in value.

·    The tender was based on a schedule of rates for a period ending 30 June 2020 with the option of two one-year extensions at Council discretion.

·    Tenders were advertised in the Warragul Gazette and Tenderlink and closed on Wednesday 22 February 2017.

·    Six tenders were received. The tender from Accomplished Plumbing was disqualified because the tenderer did not meet the mandatory requirement that it must offer a range of plumbing services, not just drainage.

·    Tender submissions were evaluated in accordance with the nominated criteria. (Refer to attachments “Tender Recommendation Report, Evaluation Assessment and Best Value Report” for details).

Triple Bottom Line Implications

COMMUNITY IMPACT

The appointment of these contractors to perform plumbing work on Council properties will improve the quality of maintenance works and improve response times, hence improving the condition of Council properties and service delivery.

ENVIRONMENTAL IMPACT

·    The contract specifications contain standards that need to be met in terms of minimising impacts on the environment when undertaking work under this contract.

·    All tenderers except Heenan Plumbing and Ray Doyle Plumbing have Environmental Management Policies that aim to minimise risks to the environment when works are carried out.

FINANCIAL IMPACT

Any costs resulting from the appointment of the contractors under this contract have been allowed for in Council’s current capital and maintenance budgets.

Consultation

Not applicable.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This appointment of contractors to undertake plumbing services assists with the achievement of the key strategic objective as set out in the Council Plan 2013-2017:

Council Leadership and Management

2.1 Financial responsibility and responsible management of Council resources and people.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This appointment of contractors to undertake plumbing services has been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

Section 186A of the Local Government Act requires Council to prepare and comply with a Procurement Policy.

POLICY IMPACTS

The appointment of contractors to provide plumbing services supports Council’s Procurement Policy.

CONFLICT OF INTEREST DECLARATION

No officer involved in the preparation of this report has a disclosable interest.


  Council

Meeting Minutes - 12 April 2017

 

11.3    Proposed Acquisition of VicTrack Reserve at 9 McDonald Street, Warragul

Property Management Coordinator

Directorate:  Corporate and Community Services

 

Ward:          Central

 

Appendix:     3 attachments

       

 

purpose

Following receipt of a valuation from the Valuer General’s Office, this report is for Council to consider the purchase of the VicTrack Reserve at 9 McDonald Street, Warragul.

REcommendation

That Council advises VicTrack of its intention to purchase the existing open space at 9 McDonald Street, Warragul with a restriction on Title and approval from the Minister for a price of $28,000 inc GST and authorises the Interim Chief Executive Officer to execute the Transfer of Land and any other documents required for the purchase.  

 

COUNCIL MOTION

 

Moved:              Cr D Goss

Seconded:        Cr M Power

CARRIED

Key POINTS/Issues

·    At its 10 August 2016 Meeting, Council Resolved to advise Victrack of its interest in purchasing the existing open space at 9 McDonald Street, Warragul with a restriction on Title with approval from the Minister for a price reflecting that the property would remain a Reserve. The Resolution asked for a certified valuation of the land.

·    The area is marked as a local reserve in the adopted Public Open Space Strategy. The VicTrack land which Council leases is 855m2, the zoning is General Residential One.

·    The open area which Council leases has some established trees and connects the older residential area with the new McMillan Drive Estate. The VicTrack land links and abuts to a small reserve at 3A Cunningham Court. This is one of three reserves provided in this McMillan Drive subdivision;

Cunningham Court Reserve 481m2

Leichardt Court (linear) Reserve 923 m2

McMillan Drive Reserve 6,500m2

·    There is no public open space in the older railway and commission housing area. Cunningham Court Reserve is a small pocket park with no improvements. Council could acquire the VicTrack land and establish a more useful piece of open space out of the two parcels of land.

·    Following the Resolution of 10 August, Council notified VicTrack of its interest in purchasing the land subject to a certified Valuation. A certified Valuation has now been received establishing a price of $28,000 inclusive of GST for the land.

·    The surrounding roads remain titled to VicTrack and will be transferred to Council, at no cost, as part of this project.

Triple Bottom Line Implications

COMMUNITY IMPACT

Retention of the land as a reserve will have a positive community outcome. It will retain connectivity and enable future development of a public reserve at this location.

ENVIRONMENTAL IMPACT

There are no environmental impacts to be considered with this proposal, although it could be argued that retention of the land as public open space would be a positive environmental outcome.

FINANCIAL IMPACT

·        The valuation appears to be very reasonable with consideration provided for the Restriction on Title that the property would come with.

·        The Victorian Government Land Transactions Policy and Guidelines (April 2016) allows, with approval of the landholding Minister, for land to be sold for a public or community purpose with a restriction on Title below the market price as determined by the Valuer General. If intending on purchasing Council could seek to purchase with a restriction on Title with the sale priced accordingly.

·        Council has paid 50% of the valuation costs.

·        Funding is available from the 2016/17 Land Acquisition Budget with a current balance of $265,000

Consultation

No consultation will be required if Council purchases the property. It is considered that the community would support the purchase.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This proposal assists with the achievement of the key strategic objective as set out in the Council Plan 2013-2017:

Strategic Objective 2. Council Leadership and Management

2.1 Financial responsibility and responsible management of Council resources and people

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This report has been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

·        There are no restrictions in the Local Government Act 1989 relating to the purchase of this land should Council wish to proceed.

·        Council will be required to follow standard legal procedures for any purchase of the land.

·        Section 20(2) of the Subdivision Act requires Council to use the proceeds received from the sale of public reserves on purchasing or improving land for public recreation, parklands or similar purposes. Funds are available from the sale of reserves to purchase the vacant land.

POLICY IMPACTS

·        Baw Baw Shire Council’s Health and Wellbeing Plan Objective 9 seeks to Increase Physical Activity. The surrounding streets do have footpaths which encourage residents to be active and safe and connect to the surrounding open space. Loss or retention of the small Council reserve or VicTrack land would not be in conflict with the Health and Wellbeing plan. It is also noted that objective 10 of the plan requires new subdivisions to meet active by design standards.

·        Considering the adopted Open Space Strategy this area could be considered a passive local park. 95% of residents should have a passive neighbourhood park with 400metres walking distance. The strategy allows for land to be swapped or improved where it is inferior. Specifically in the Warragul area the strategy supports ‘the sale of underutilised or poorly located Council owned land in order to provide for upgrade to the existing public open space needs’.

·        The Property Policy supports both sale and purchase of land. The policy supports Council seeking the best financial outcome for property transactions.

CONFLICT OF INTEREST DECLARATION

No officer involved in the preparation of this report has a disclosable interest.

 

 

 


  Council

Meeting Minutes - 12 April 2017

 

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  Council

Meeting Minutes - 12 April 2017

 

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Meeting Minutes - 12 April 2017

 

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  Council

Meeting Minutes - 12 April 2017

 

11.4    2018 General Revaluation

Finance Manager  

Directorate:  Corporate and Community Services

 

Ward:         

 

Appendix:    

       

 

purpose

To inform Council of the statutory requirements of the Valuation of Land Act 1960 (as amended) to revalue all rateable properties within the municipality on a two yearly cycle.

REcommendation

That Council:

1.   Causes a general revaluation of properties throughout the Baw Baw Shire Council to be made effective from 1 January 2018 in accordance with the provisions of Section 13DC (3) of the Valuation of Land Act 1960 (as amended); and

2.   Authorises the Interim Chief Executive to:

a.   In accordance with section 6(1) of the Valuation of Land Act 1960 (as amended), advise the Valuer General and rating authorities interested in this resolution.

b.   Ensure that the valuation be returned to Council after 1 January 2018 and before 30 June 2018.

COUNCIL MOTION

 

Moved:              Cr P Kostos

Seconded:        Cr K Cook

CARRIED

Key POINTS/Issues

·    Council is required by the Valuation of Land Act 1960 (as amended) to revalue all rateable properties within the municipality on a two yearly cycle.

 

·    Council is required to advise the Valuer General and rating authorities interested in this resolution.

 

·    The General Valuation is the basis for the distribution of the rates, which are levied on each property within the municipality.

 

Triple Bottom Line Implications

COMMUNITY IMPACT

·    Revaluation of all property within the shire is required to be carried out biennial; this is in line with the rating strategy and assists in the fair and equitable distributions of rates.

 

ENVIRONMENTAL IMPACT

·    No environmental impact.

FINANCIAL IMPACT

·        The cost of carrying out the revaluation is included in the budget as follows:

o   Part One: 2016/17 Budget: Expenditure  $22,000  Income $11,000

o   Part Two 2017/18 Proposed Budget:  Expenditure $198,000 Income $99,000.

o   50% of the cost is reimbursed by the State Revenue Office, for the sale of valuation data, resulting in a net cost to Council of $110,000 for the 2018 Valuation.

 

Consultation

·    Legislative requirement of Valuation of Land Act 1960 (as amended).

Legal/Council Plan/Policy Impact

COUNCIL PLAN

The Valuation Services assists with the achievement of the key strategic objective as set out in the Council Plan 2013-2017:

Council Leadership and Management

Financial responsibility and responsible management of Council resources and people.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This General Revaluation project has been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

·        Requirement of the Valuation of Land Act 1960 (as amended).

POLICY IMPACTS

·        No policy impact.

CONFLICT OF INTEREST DECLARATION

No officer involved in the preparation of this report has a disclosable interest.

 

 

 

 


  Council

Meeting Minutes - 12 April 2017

 

12.    Infrastructure and Community Assets

12.1    Francis Avenue, Drouin - Traffic and Footpath

Team Leader Infrastructure Planning & Growth

Directorate:  Community Assets

 

Ward:          west

 

Appendix:     2 attachments

       

purpose

To seek amendment to the previous Council decision to construct a footpath along Francis Avenue and Albert Road, Drouin in the Financial Year 2016/17. 

REcommendation

That Council:

1.      Do not construct a footpath on Francis Avenue, Drouin in the Financial Year 2016/17;

2.      Note findings of recent review of traffic conditions along Francis Avenue including recommendation not to construct any traffic calming measures (speed humps) along Francis Avenue at this time;

3.      Construct a footpath on a section of Albert Road in the Financial Year 2016/17 (attachment 2);

4.      Reallocate remaining funds for the construction of footpath ($64,950 approx.) on Francis Avenue to deliver other footpath priorities across the Shire in the Financial Year 2016/17; and

5.      Notify residents along Francis Avenue and Albert Road of this decision.

COUNCIL MOTION

 

Moved:              Cr K Cook

Seconded:        Cr J O’Donnell

CARRIED

Key POINTS/Issues

·    Council tabled a petition on 11 December 2015 and 10 February 2016 consisting of 8 signatures requesting the installation of traffic calming devices (speed humps) due to concerns of pedestrians being placed at a risk by walking along the carriageway of Francis Street alongside passing vehicles.

·    An investigation on this matter was carried out by Council officers in early 2016. A review of traffic conditions revealed an average daily traffic volume of 118 vehicles per day and 85%ile speed of 54km/h. Both recorded traffic speed and volume were considered within the acceptable limit for a local road and that speeding is not a major occurrence overall. A review of VicRoads Crash Stats Database also revealed that in the past five years there have been no recorded crashes along Francis Avenue.

·    Council at its meeting on 25 May 2016 supported the following Council officers’ recommendations:

o Not to proceed with the installation of traffic calming devices (e.g. speed humps) along Francis Avenue, noting that the findings of engineering investigations do not warrant installation of Local Area Traffic Management devices at this time.

o To construct a footpath on Francis Avenue and Albert Road as part of the Financial Year 2016/17 New Footpath Program in line with Council’s Footpath Priority Listing in which this project ranks highly to qualify for construction in Financial Year 2016/17.

·    Council officers have since received a number of objections to Council decision to construct a footpath along Francis Avenue and Albert Road, mainly from residents along Francis Avenue.

·    In order to progress this matter further, Council officers sought feedback on the proposed works by way of a questionnaire that was posted to owners and occupiers of 18 properties located in the vicinity of Francis Avenue and Albert Road.

·    An indicative alignment plan for the footpath was included with the questionnaire as per attachment 1. The proposed alignment avoided the removal of large old trees at the frontages of 7 -12 Francis Avenue by locating the footpath on the railway side.

·    Council received 12 responses, with 6 responses objecting to the proposal. However it was noted that all 6 objectors were residents directly abutting Francis Avenue and includes a number of residents who signed the earlier petitions tabled by the Council.

·    The follow up discussions including an onsite meeting with residents along Francis Avenue revealed that local residents have a strong preference for installation of traffic calming devices over the proposed construction of footpath along Francis Avenue.

·    Council officers have undertaken a further review of traffic conditions along Francis Avenue in February 2017 which revealed an average daily traffic volume of 123 vehicles per day and 85%ile speed of 53km/h.

·    The above recorded traffic speed and volume are considered within the acceptable limit for a local road and are in line with Council officers previous assessment in this matter completed in early 2016. Given the findings of recent traffic review, it is noted that the implementation of traffic calming measure (speed humps) is not warranted at this time.

·    Due to lack of support from the local community for the proposed construction of footpath along Francis Avenue, it is considered appropriate to reconsider the Council decision in regards to construction of footpath along Francis Avenue.  These works to be reconsidered at a future time as necessary.

·    2 of the 3 residents abutting the Albert Road section supported the footpath along Albert Road (third property owner did not respond). It is therefore recommended that the 50 meter section of footpath along Albert Road be constructed in the Financial Year 2016/17, as per attachment 2.

Triple Bottom Line Implications

COMMUNITY IMPACT

The provision of footpath along Albert Road will have positive impact on the community.

ENVIRONMENTAL IMPACT

This report has no environmental implications.

FINANCIAL IMPACT

·    The 50 metre section along Albert Road is estimated to cost $8,550 and will be funded through the Financial Year 2016/17 New Footpath Program budget. 

·    The remaining funds allocated for delivery of this project (approximately $64,950) will be reallocated to the other priority footpath projects as per Council’s Footpath Priority list.

Consultation

·    Extensive consultation with local community including questionnaire survey has been completed.

·    Further consultation will occur before delivery of any works at a future time.  

·    The Variable Message Sign will be placed along Francis Avenue to educate motorists on their speeds.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This report assists with the achievement of the key strategic objective as set out in the Council Plan 2013-2017:

Infrastructure and Community Assets

3.2      Investing in quality and affordable community assets which are balance against the growing needs of the community     

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This report has been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

There are no legal implications. 

POLICY IMPACTS

There are no policy impacts from these recommendations.

CONFLICT OF INTEREST DECLARATION

No officer involved in the preparation of this report has a disclosable interest.


  Council

Meeting Minutes - 12 April 2017

 

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Meeting Minutes - 12 April 2017

 

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  Council

Meeting Minutes - 12 April 2017

 

13.    Growth and Prosperity

Nil Reports

 

 

 


  Council

Meeting Minutes - 12 April 2017

 

14.    The Environment

14.1    STREET LIGHTING PETITION - MILLENNIUM COURT, DROUIN

Environment Coordinator

Directorate:  Planning and Economic Development

 

Ward:         

 

Appendix:    

CR GAUCI DECLARED A CONFLICT OF INTEREST AND LEFT THE CHAMBER AT 6.15PM AND STOOD DOWN AS CHAIR.

 

DEPUTY MAYOR, CR POWER, STEPPED INTO THE POSITION AS CHAIR AT THIS TIME.

   

 

purpose

To seek an extension of time to respond to the petition regarding street lighting in Millennium Court, Drouin, tabled at the 22 February 2017 Council meeting, to allow for further investigation.

REcommendation

That Council:

 

1.   Grant officers an extension of time to respond to the petition related to street lighting in Millennium Court, Drouin until the 24 May 2017 Ordinary Council Meeting.

2.   Write to the lead petitioner to advise of the progress of the petition being considered.

 

COUNCIL MOTION

 

Moved:              Cr P Kostos

Seconded:        Cr D Wallace

CARRIED

DEPUTY MAYOR, CR POWER, STOOD DOWN AS CHAIR and CR GAUCI RETURNED TO THE CHAMBER AT 6.18PM AND RESUMED THE POSITION AS CHAIR.

 

Key POINTS/Issues

·    Council received a petition for street lamps in Millennium Court, Drouin on 9 February 2017. Council resolved at its meeting on 22 February 2017 that officers prepare a report to Council. The petition was signed by 14 residents.

·    Millennium Court, Drouin is located in a low density residential zone and there are 20 lots with 90 per cent occupancy.

·    Officers have undertaken investigations and have received quotations for various options.

·    An extension of time is being sought to further scope the available options. It is anticipated that a report will be presented to Council for consideration at or before the 24 May 2017 Ordinary Council Meeting.

 

Triple Bottom Line Implications

COMMUNITY IMPACT

·    Residents of Millennium Court, Drouin have expressed concerns about insufficient lighting, which was the basis for the petition being tabled.

ENVIRONMENTAL IMPACT

·    Environmental impacts will be a consideration in further determining what lighting options are available.

FINANCIAL IMPACT

·    Granting an extension of time to respond to the petition will ensure that all options are fully scoped and, if any street lighting was to be installed, that the cost could be covered within budgets.

Consultation

·    A meeting with the representatives of residents of Millennium Court, Drouin was held in March 2017.

·    Council’s Environmental Voice (EV) Advisory Group supports the installation of sustainable public LED lighting within the Shire.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This draft Roadside and Footpath Trading Policy assists with the achievement of the key strategic objective as set out in the Council Plan 2013-2017:

The Environment

5.1 Protecting and sustainably managing the natural environment and resources now and into the future.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This extension of time request has been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

·    The Road Management Act 2004 specifies requirements regarding public lighting.

POLICY IMPACTS

·    Nil impact.

CONFLICT OF INTEREST DECLARATION

No officer involved in the preparation of this report has a disclosable interest.

 


  Council

Meeting Minutes - 12 April 2017

 

15.    Notices of Motion

15.1    Notice of Motion First Right of Refusal Buln Buln East Primary School Site  

Submitted by: Councillor Jessica O'Donnell     

 

To:                 Chief Executive Officer,

                        Baw Baw Shire Council

 

Date:              Wednesday 5 April 2017

 

I, Councillor Jessica O'Donnell hereby give notice of my intention to move the following motion at the Ordinary Council to be held on 12 April 2017.

 

 

 

CR POWER DECLARED A CONFLICT OF INTEREST AT 6.21PM AND LEFT THE CHAMBER AT THIS TIME.

 

That Council:

1.  Request Council officers to advise the Department of Treasury of its interest in purchasing the former Buln Buln East Primary School site, Volume 7281 Folio 192 by notifying the Department of Education and Training under the First Right of Refusal procedure; and

2. Approves that, If action is taken at a future date to transfer the site to the Minister for Energy, Environment and Climate Change, or any other Minister, Council will yield to the relevant Minister

COUNCIL MOTION

 

Moved:              Cr J O’Donnell

Seconded:        Cr P Kostos

 

CARRIED

 

 


  Council

Meeting Minutes - 12 April 2017

 

15.2    Notice of Motion Amendment to the Council Resolution of 8 March 2017, relating to Item 10.1 REINTRODUCTION OF THE KERBSIDE
HARD WASTE COLLECTION.

Submitted by: Councillor Michael  Leaney      

 

To:                 Chief Executive Officer,

                        Baw Baw Shire Council

 

Date:              Friday 7 April 2017

 

I, Councillor Michael  Leaney  hereby give notice of my intention to move the following motion at the Ordinary Council to be held on 12 April 2017.

CR POWER REMAINED OUT OF THE CHAMBER FROM ITEM 15.1 DUE TO A CONFLICT OF INTERES FOR AGENDA ITEM 15.2.

 

RECOMMENDATION

That Council:

 

1.  Make the below listed amendments prior to the implementation of the Council resolution moved on Wednesday 8 March 2017,  Item 10.1- Options for Possible Reintroduction of the Kerbside Hard Waste Collection:

 

a) Request that Council Officers provide a further report to Council considering extending the “at call on-demand” kerbside hardwaste collection or waste card to all rateable properties, with the exception of commercial, industrial and vacant properties; and

 

b) Note that this report has the option to be considered in the context of the tender evaluation for kerbside hard waste collection services.

 

ALTERNATE RECOMMENDATION

 

1. Make the below listed amendments prior to the implementation of the Council resolution moved on Wednesday 8 March 2017,  Item 10.1- Options for Possible Reintroduction of the Kerbside Hard Waste Collection:

 

a) Request that Council Officers provide a further report to Council considering extending the “at call on-demand” kerbside Hardwaste collection or waste card to all rateable properties that are not part of the collection area for roadside waste, with the exception of commercial, industrial and vacant properties; and

 

b) Note that this report has the option to be considered in the context of the tender evaluation for kerbside hard waste collection services.

 

COUNCIL MOTION

 

Moved:               Cr M Leaney

Seconded:          Cr D Goss

 

CARRIED

 

CR POWER RETURNED TO THE CHAMBER AT 6.34PM.

 

 


16.    Committee and Delegates Reports

16.1    West Gippsland Library Corporation board meeting update

Cr Power provided Council with an update on the West Gippsland Library Corporation Board Meeting.

 

16.2    peri urban group of councils

Cr Power provide Council with a update on the Peri Urban Group of Councils presentation to the Bass Coast Shire.

 

16.3 disability advisory committee 

Cr Cook provided Council with an update as he attended the Disability Advisory Committee Meeting on behalf of Cr Jones.

 

16.4 update on the thorpdale travellers rest hotel

Cr Kostos provide an update to Council on the Thorpdale Travellers Rest Hotel fire tragedy that occurred recently. Cr Kostos attended the funeral of the Publican, Mr John Bantock, and wished to thank the Baw Baw Shire Council Emergency Management Team and Council officers for their support and response to the tragedy, and expressed his condolence to the Thorpdale Community and family or Mr Bantock.  


  Council

Meeting Minutes - 12 April 2017

 

17.    Assembly of Councillors

17.1    Assembly of Councillors Report

Executive Assistant Corporate and Community Services  

Directorate:  Corporate and Community Services

 

Ward:          All

 

Appendix:     3 attachments

       

 

purpose

To present the written records of Assemblies of Councillors that have occurred.

REcommendation

That Council receives and notes the Assembly of Councillors records tabled for the period from Friday 17 March 2017 – Friday 7 April 2017.

 

COUNCIL MOTION

 

Moved:              Cr M Power 

Seconded:        Cr P Kostos

 

CARRIED

Key POINTS/Issues

The Local Government Act 1989 requires that the written record of an assembly of councillors be, as soon as practicable, reported at an ordinary meeting of the Council and incorporated into the minutes of that meeting.

 

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  Council

Meeting Minutes - 12 April 2017

 

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  Council

Meeting Minutes - 12 April 2017

 

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18.    Mayoral Minute

Cr Gauci utilised the Mayoral Minute to thank the Baw Baw Shire Staff, particularly the Emergency Management Team, on Council’s response and support that was provided in relation to the Thorpdale Travellers Rest Hotel fire tragedy that occurred recently, and expressed his condolence and sympathy to the Thorpdale Community & family or Mr John Bantock.

 

19.    General Business

    

 

 

Meeting closed at 6.42pm.

 

Confirmed at this meeting 26 April 2017

 

 

Cr J Gauci

Mayor