Agenda

 

 

 

                                                       Council

 

 

 

                                               12 July 2017

 

 

To be held on Wednesday, 12 July 2017

commencing at 5.30pm

in the Trafalgar Council Chambers.

 

 

 

 

 

 

 

 

www.bawbawshire.vic.gov.au

 


  Council

Meeting Agenda - 12 July 2017

 

 

 

Our Vision

Happy, healthy people sharing prosperity and knowledge from living sustainably and in harmony with our rural identity, thriving villages, productive and inspiring landscapes.

Our Mission

Leaders in delivering quality, innovative and community focused services today that make a difference for tomorrow.

Core Values

Community focused

Accessible, responsive (we’re here to help), can do attitude, communicative, empathetic.

Integrity

Equitable, honest, ethical, transparent.

Respect

Listening, compassionate, open minded, understanding, patient.

Pride

Caring, enthusiastic, inspiring, accountable.

Innovation

Creative, bold, challenging, flexible.

Collaboration

Partnering, building productive relationships, inclusive.

 

 

 

 


Agenda

 

1.        Opening and Recognition of Traditional Custodians. 5

2.        Reading of Affirmation and Prayer. 5

3.        Apologies. 5

4.        Civic Ceremonies. 5

5.        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. 5

8.        Community Participation Time. 5

8.1     Questions on Notice. 5

8.2     Submissions. 5

9.        Petitions. 7

10.     Our Community. 8

10.1  Consideration of Sponsorship Requests - June 2017. 8

10.2  Place Names Advisory Committee - Appointment of Community Representatives  49

10.3  21767CT - Tender Recommendation report for Management of Kerbside (At Call on Demand) Hard Waste Collections for Baw Baw Shire Council 62

11.     Council Leadership and Management 71

11.1  Risk Management Policy and Framework. 71

11.2  Request for Extension of Time to respond to Petition - Hopetoun Road and Princes Avenue, Drouin.. 104

12.     Infrastructure and Community Assets. 106

13.     Growth and Prosperity. 107

13.1  Planning Permit Application PLA0296/16 - Use and Develop Land for a Transfer Station and Reduction of Car Parking at 81 Weerong Road, Drouin (Lot 1 PS 403464K) 107

14.     The Environment 132

14.1  Tarago Reservoir Partnership Program.. 132

15.     Notices of Motion.. 177

16.     Committee and Delegates Reports. 178

17.     Assembly of Councillors. 179

17.1  Assembly of Councillors Report 179

18.     Mayoral Minute. 182

19.     General Business. 182

 


1.      Opening and Recognition of Traditional Custodians

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 

4.      Civic Ceremonies

5.      Confirmation of Previous Meeting Minutes

6.      Councillors Declarations of Interest/Conflict of Interest

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

There will be no Confidential Council Meeting held.  

 

 

 

 

8.      Community Participation Time

8.1       Questions on Notice

 

8.2       Submissions

Any community member is welcome to comment or ask questions on any of the officer reports listed in this agenda if it has not been part of another hearing process.

 

Submitters will be given up to 3 minutes to speak on their submission.

 


  Council

Meeting Agenda - 12 July 2017

 

9.      Petitions

Nil Reports

 

 

 

 

 


  Council

Meeting Agenda - 12 July 2017

 

10.    Our Community

10.1    Consideration of Sponsorship Requests - June 2017

Coordinator Strategic and Community Planning

Directorate:  Planning and Economic Development

 

Ward:          All

 

Appendix:     4 attachments

       

 

purpose

For Council to consider three sponsorship applications submitted in June 2017 in accordance with the Community Funding Assistance Program guidelines.

REcommendation

That Council:         

1.   Supports the sponsorship request for $2200 from the Baw Baw Food Movement for the ‘Healthy Soils, Healthy Food, Healthy People’ free community workshop;

2.   Support the sponsorship request for $3000 from the Warragul Business Group for the 2017 Warragul Snowfest; and

3.   Supports the sponsorship request for $500 from the Ficifolia Art Show.   

 

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. The Community Funding Assistance Program included an event sponsorship category.

·        Three sponsorship applications, which are consistent with the criteria of this category, were received during June 2017, being from:

Ø  Baw Baw Food Movement to proceed with the proposed ‘Healthy Soils, Healthy Food, Healthy People’ free community workshop (Attachment One).

Ø  Warragul Business Group to facilitate the 2017 Warragul Snowfest  (Attachment Two).

Ø  Ficifolia Art Show to facilitate a prize category for the 2018 Ficifolia Art Show (Attachment Three).

·        Baw Baw Food Movement have requested Level Two funding (up to $3000) for the proposed ‘Healthy Soils, Healthy Food, Healthy People’ free community workshop.  

Ø  The workshop aims to focus on the importance of producing and eating high quality food, which is sustainably produced with a minimum impact on the environment.  It aims to attract approximately 100-120 people. 

Ø  The promotional requirements of Councils’ Sponsorship Program will be met upon commencement of a public relations advisor. 

·        The Warragul Business Group have requested Level Two funding (up to $3000) to facilitate the 2017 Warragul Snowfest.

Ø  In 2016 Council sponsored the inaugural Warragul Winter Festival/Snowfest which attracted approximately 4000 people into the Warragul CBD.     

·        The Ficifolia Art Show 2018 has submitted an application for Council to sponsor an art award category.  The application could be considered under Level One Sponsorship (maximum of $500).    

Ø  Council has supported the Ficifolia Art Show for the previous three years:

Ø  In 2015 Council sponsored the prize for ‘Best Sporting Themed Artwork’ to a value of $300. 

Ø  In 2016 Council sponsored the prize for ‘Best Artwork by a Baw Baw Shire Resident’ to a value of $300.

Ø  In 2017 Council sponsored both a prize for Best Artwork by a Baw Baw Shire resident ($300) plus an additional $200 to part-pay the cost of hiring a truck to move the heavy screens for the show. 

·        The three applications have been assessed and are compliant with the Community Funding Assistance Program criteria (Attachment Four).

TRIPLEBOTTOMLINE IMPLICATIONS

COMMUNITY IMPACT

The determination of these applications will provide opportunity for seed funding for community events.  Community events assist Council’s objective to enable a vibrant and healthy community.

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 2017/18 budget.  

Consultation

Not applicable.

 

Legal/Council Plan/Policy Impact

COUNCIL PLAN

The Community Funding Assistance Program assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

Strategic Objective 1: Vibrant communities

 

1.3 A vibrant, health and inclusive community

 

1.3.2 Build a vibrant community of arts, culture and events.

1.3.3 Support the community to enhance their health and wellbeing.

 

Strategic Objective 2: Thriving Economy

 

2.1 Supporting innovative, thriving and sustainable local business and industry providing employment

 

2.1.2 Build our clean, green food culture.

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 will be 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 Agenda - 12 July 2017

 

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10.2    Place Names Advisory Committee - Appointment of Community Representatives

Business Systems Analyst

Directorate:  Corporate and Community Services

 

Ward:         

 

Appendix:     2 attachments

       

 

purpose

For Council to consider the Place Names Advisory Committee updated Terms of Reference and appointment of three new independent representatives on the committee.

REcommendation

That Council:

1.   Adopts the updated Place Names Advisory Committee Terms of Reference;

2.   Appoints the following three new independent representatives on the Place Names Advisory Committee in accordance with the Terms of Reference:

·    Liz Jensz;

·    Mary-Royce Hall; and

·    Cheryl Drayton

3.   Acknowledges John Parkers contribution during his membership on the committee;

4.   Acknowledges Malcolm Dickson and Rosemary Blackley’s contribution and ongoing membership on the committee; and

5.   Notifies the successful and unsuccessful applicants of the outcome accordingly.

 

 

Key POINTS/Issues

·    The Places Names Advisory Committee was formed in 2012 and consists of three independent community members, Councillors and internal staff. Its role is to provide appropriate advice and recommendations on place naming issues and share ideas and knowledge on how roads and features can be named within the Shire.

·    The current Places Names Advisory Committee Terms of Reference (Attachment 1) are due for review. In consultation with the existing members of the Place Names Advisory Committee the Terms of Reference have been updated (Attachment 2).

·    The main changes to the Terms of Reference are as follows:

o To replace the reference to the Guidelines for Geographic Names 2010 with the new Naming Rules for Places in Victoria 2016.

o To review the Terms of Reference every four years in line with a Council Term.

o Change the tenure for the independent community members to every four years in line with a Council Term.

o Expand the membership on the committee to a minimum of five members, consisting of a minimum of two Councillors appointed by the Council, a minimum of three external independent members, with at least one member from a local historical group and at least one member from Kurnai Nations.

·    At the end of 2016 one of the existing independent community members (John Parker) resigned from the committee.

·    The remaining two existing independent community members (Malcolm Dickson and Rosemary Blackley) are to be retained on the committee.

·    Council undertook expressions of interest for recruitment of the vacant position on the committee. Three applications were received, and these applications were reviewed with the following applicants recommended for appointment:

o Liz Jensz

o Mary-Royce Hall

·    As per the proposed updated Terms of Reference the committee will also include a representative from Kurnai Nations with Cheryl Drayton recommended for this appointment.

Triple Bottom Line Implications

COMMUNITY IMPACT

·    The Place Names Advisory Committee provides community input into matters pertaining to road and feature naming matters within the Shire.

·    Members are appointed from independent members of the community who can assist Council by providing advice on place naming matters.

ENVIRONMENTAL IMPACT

The proposal has no environmental impact.

FINANCIAL IMPACT

As the functions of the Committee are totally voluntary, the costs associated with supporting the Place Names Advisory Committee are minimal, which are covered within the Corporate and Community Services Operational Budget.

Consultation

An Expressions of Interest public notice was advertised in the Warragul Gazette on the 16th, 23rd and 30th May 2017 and allowed for submission until Friday 2nd June.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

The Place Names Advisory Committee assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

Strategic Objective 4. Organizational Excellence 

4.2 Positive Leadership, advocacy and decision making around shared goals.

4.2.2 Work and engage with the community to develop a shared vision and goals for the future of the Shire.

 

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 Naming rules for places in Victoria, Statutory requirements for naming roads, features and localities – 2016 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 Agenda - 12 July 2017

 

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10.3    21767CT - Tender Recommendation report for Management of Kerbside (At Call on Demand) Hard Waste Collections for Baw Baw Shire Council

Coordinator Waste Management & Contracts

Directorate:  Community Assets

 

Ward:          Whole Shire

 

Appendix:     3 attachments

       

 

purpose

This report recommends that Council accepts tender from WM Waste Management Services Pty Ltd to provide the Kerbside (At Call on Demand) Hard Waste Collection Services for Baw Baw Shire Council.

REcommendation

That Council:  

1.   Accepts the Schedule of Rates tender submitted by WM Waste Management Services Pty Ltd (ABN  69 897 425 789) for Tender No. 21767CT, Management of Kerbside (At Call on Demand) Hard Waste Collection Services for the Baw Baw Shire Council; and

2.   Delegates the Interim Chief Executive Officer to sign and authorise the contract documents with the proposed commencement date of 1 August 2017.

 

Key POINTS/Issues

·    This service was tendered in accordance with the Council resolution on 8 March 2017 Council meeting, to introduce a free “at call-on demand” kerbside hard waste collection to all rateable residential properties in Baw Baw Shire.

·    The tender document was developed in consultation with the relevant internal staff (Customer Service, Compliance and Rates teams) and appropriate external organisations (relevant Councils and Gippsland Waste and Resource Recovery Group).

·    The tender was based on a schedule of rates for a two year contract period with a possible option of two extensions (2 years plus 1 year) at Council’s discretion.

·    Tenders were advertised in the Warragul Gazette and Tenderlink and closed on Wednesday 7 June 2017.

·    Four conforming tenders and one non-conforming tender were received from four tenderers.

·    Tender submissions were evaluated in accordance with the nominated criteria by the evaluation panel. Refer to tender recommendation report.

Triple Bottom Line Implications

COMMUNITY IMPACT

The award of this contract is expected to be well received within the community as the service should be more convenient than the existing voucher model.

ENVIRONMENTAL IMPACT

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

FINANCIAL IMPACT

·    The allocated operational budget for provision of this service in the 2017/18 Financial Year is $360,000.The estimated price for the service as per the preferred tender is $373,717.50.

·    The deficit of $13,717.50 would be adjusted as part of the mid-year budget review in the 2017/18 Financial Year.

Consultation

·    The tender document was developed in consultation with Council’s Customer Service, Compliance and Rates teams.

·    Cardinia City Council, Casey City Council and Wellington Shire Council were consulted due to their experience with similar contracts.

·    Gippsland Waste and Resource Recovery Group (GWRRG) were consulted to obtain feedback on the specification.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This appointment of contractor to provide hard waste collection services assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

 

Strategic Objective 4. Organisational Excellence 

4.1 Innovative, community focused and future ready.

4.1.1 Continually improve Councils Services, systems and business processes.

 

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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

LEGAL

The Occupational Health and Safety Act 2004 and Work Safe Guidelines on Safe Collection of Hard Waste are relevant to the delivery of this service and are included as part of the contract.

POLICY IMPACTS

Any impact on Council’s Local Laws will be considered as part of the annual review of the service in conjunction with the contractor.

CONFLICT OF INTEREST DECLARATION

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

 

 

 

 

 


  Council

Meeting Agenda - 12 July 2017

 

 

11.    Council Leadership and Management

11.1    Risk Management Policy and Framework

Risk Coordinator  

Directorate:  Corporate and Community Services

 

Ward:         

 

Appendix:     2 attachments

       

 

purpose

To present the draft Risk Management Framework (“RMF”) and Risk Management Policy (“Policy”) to Council.

REcommendation

That Council adopts the Risk Management Policy and Risk Management Framework

 

Key POINTS/Issues

·    In order to streamline its risk management functions, Council entered into an agreement with South Gippsland Shire Council in November 2015. Part of this arrangement includes the development of a Risk Management (Shared Services) Business Plan.

 

·    The Business Plan was signed by both CEOs in June 2015 and maps out an agreed action plan until December 2017. Among other things, the Business Plan provides for a review of both councils RMFs and Policies and the development of common documents to the extent possible.

 

·    The RMF (see Attachment 1) and Policy (see Attachment 2) follow the recommendations set out in International Risk Management Standard AS/NZS ISO 31000:2009 (“AS/NZS ISO 31000:2009”) which is a globally accepted standard for risk management. 

 

·    The RMF and Policy have been developed with input and review from both Councils’ Executive Leadership Teams, Internal Risk Management Committees and Audit Committees.

 

·    Councillors also received Risk Management Training on 26 April 2017 and provided feedback on the draft RMF and Policy (including Risk Appetite) which has now been included in the attached draft documents.

 

 

Triple Bottom Line Implications

COMMUNITY IMPACT

NIL

ENVIRONMENTAL IMPACT

NIL

FINANCIAL IMPACT

Resourcing to deliver the Risk Management (Shared Services) Business Plan is contained with the current and forward budgets. 

 

Consultation

Council officers have consulted with both Councils Executive Leadership Teams, Internal Risk Management Committees and Audit Committees, as well as with other GLGN and Metropolitan Councils.

 

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This initiative assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

 

Strategic Objective 4: Organisational Excellence

 

4.1 Innovative, community focused and future ready.

 

4.1.1 Continually improve Councils services, systems and business processes.

 

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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

LEGAL

The RMF and Policy both aim to reduce the risk of inadequate risk management practices and organisational culture, which are caused by insufficient policies, processes, resources, systems, leadership and staff training.

 

The failure to implement the RMF and Policy is likely to lead to increased adverse operational and financial impacts. It will also limit Councils’ ability to harness opportunity, innovate and grow.

POLICY IMPACTS

NIL

CONFLICT OF INTEREST DECLARATION

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

 

 


  Council

Meeting Agenda - 12 July 2017

 

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11.2    Request for Extension of Time to respond to Petition - Hopetoun Road and Princes Avenue, Drouin

Manager Infrastructure Planning Programs and Waste'.

Directorate:  Community Assets

 

Ward:          West

 

Appendix:    

       

 

purpose

To request an extension of time from Council to complete additional traffic surveys to enable Council Officers to respond to the petition that has been received and tabled relating to the intersection of Hopetoun Road and Princes Avenue, Drouin.

REcommendation

That Council grant Council Officers an extension of time to undertake proposed additional traffic surveys and present a report to Council by 23 August 2017 in response to petition relating to intersection of Hopetoun Road and Princes Avenue, Drouin.

 

Key POINTS/Issues

·        Council at its meeting on the 24 May 2017 tabled a petition signed by
16 signatories expressing their concern that drivers were blocking the entrance to Hopetoun Road from Princes Avenue at peak times and requested ‘Keep Clear’ road marking.

·        The petition was moved by Cr Cook and seconded by Cr Goss requesting that a report be brought back to Council on this matter.

·        In response to the petitioners concerns, Council officers have undertaken traffic investigations and made following observations.

Ø Hopetoun Road is categorised as a Local Urban Road with a speed limit of 60km/h connecting Princes Way to Green Valley Drive over a distance of 2.2 km. Princes Avenue is also classified as Local Road with a  speed limit of 50km/h and is a no through road.

Ø A seven day traffic survey undertaken in June 2017 revealed an average daily traffic volume of 2,830 vehicles per day on Hopetoun Road and only 128 vehicles per day on Princes Avenue (approximately 4% of the traffic volume on Hopetoun Road).

Ø VicRoads Crash Stats Database reveals that in the past five years there has been no recorded crash at the intersection of Hopetoun Road and Princes Avenue.

·    Visual observations by Council officers during peak times i.e. between 8am – 10am and 3.30pm – 5.30pm indicate that the traffic does not usually queue up along the Princes Avenue. However, to assess this matter further, it is proposed that additional traffic surveys are completed during morning peak between 6.30am – 8am.

·    It is therefore requested that additional time to report back to Council is granted to enable completion of proposed additional traffic surveys.

Triple Bottom Line Implications

COMMUNITY IMPACT

Council Officers will continue to keep the lead petition writer informed of the status of the petition.  

ENVIRONMENTAL IMPACT

There are no environmental implications resulting from Council Officers requesting a grant for an extension of time to respond to the petition. 

FINANCIAL IMPACT

There are no financial implications resulting from Council Officers requesting a grant for an extension of time to respond to the petition

Consultation

No community consultation is required at this point.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

The recommendations are in accordance with the key strategic objective as set out in the Council Plan 2017-2021:

Strategic Objective 3: Safe and Sustainable Environments

3.2 Efficient roads, transport and parking

3.2.1 Manage and maintain the Shire's local roads network to improve its overall quality and safety.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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

LEGAL

No legal implications.

POLICY IMPACTS

The request for an extension of time to respond to the petition is within the Meeting Procedure Local Law.

CONFLICT OF INTEREST DECLARATION

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

 


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Meeting Agenda - 12 July 2017

 

12.    Infrastructure and Community Assets

Nil Reports

 

 

 


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Meeting Agenda - 12 July 2017

 

13.    Growth and Prosperity

13.1    Planning Permit Application PLA0296/16 - Use and Develop Land for a Transfer Station and Reduction of Car Parking at 81 Weerong Road, Drouin (Lot 1 PS 403464K)

Acting Manager Sustainable Development  

Directorate:  Planning and Economic Development

 

Ward:         

 

Appendix:     13 attachments

      

 

purpose

That Planning Permit Application PLA0296/16 to use and develop land for a transfer station and reduction of car parking at 81 Weerong Road, Drouin (Lot 1 PS 403464K) be brought to Council for a decision.

REcommendation

That Council refuses Planning Permit Application PLA0296/16 to use and develop land for a transfer station and reduction of car parking at 81 Weerong Road, Drouin (Lot 1 PS 403464K).

 

 

Key POINTS/Issues

·    JW Planning Services on behalf of Drouin Waste Recyclers has applied for a planning permit for the use and development of the land for a transfer station and reduction of car parking.

·    The site is currently used as a transfer station.  It is currently restricted to using the south-western corner of the site with the new proposal seeking to use the whole site.

·    The new proposal seeks to expand the types of materials permitted to be collected, the length of time the materials occupy the site, the amount of materials to be permitted on site, and the hours of operation.

·    The current transfer station operations have been subject to ongoing compliance issues culminating in legal proceedings which are set down for 31 July 2017 in the Magistrates Court.

·    The areas of non-compliance relate to current planning permit conditions.  The operator has expanded the use beyond what was originally permitted using 100 percent of the site when only approx. 33 percent of the site is permitted to be used.  Many permit conditions including those relating to fencing, landscaping, litter, hours of operation, stockpiling of waste, types of waste brought to the site, and containment of waste have also not been complied with.

·    The site is located near land located in the Low Density Residential Zone to the east and south.  This land has been developed with dwellings, the residents of which have made numerous complaints to Council and the EPA regarding the operations of the transfer station and the impact it is having on their amenity.

·    The application was referred to EPA, Gippsland Water and CFA.  EPA and Gippsland Water had no objection subject to conditions including conditions from EPA regarding dust, noise, surface and groundwater, and waste management.

·    Whilst the proposal is appropriately located in an Industrial 1 Zone, there is little confidence that the applicant would comply with permit conditions required by Council, EPA and Gippsland Water for the new proposal.

·    CFA objected to the application due to the existing operations on the site which are posing a fire risk due to the unrestrained accumulation of combustible material particularly the green waste and building waste that is currently stockpiled on the site.

·    The application was advertised and seven objections were received.  The grounds of objection were based on amenity impacts experienced as a result of the current operation which include noise, dust, vermin, traffic, litter, fire risk and breach of hours of operation.

·    It is likely that the proposal would result in further amenity impacts to nearby residential land.

·    The proposed use is not in accordance with the State and Local Planning Policy Frameworks, the Industrial 1 Zone, Loading and Unloading of Vehicles, Uses with Adverse Amenity Impacts, Resource Recovery, and Decision Guidelines of the Baw Baw Planning Scheme.

Triple Bottom Line Implications

COMMUNITY IMPACT

If approved, the proposal will result in an increase in land-use conflicts with nearby residential uses.

ENVIRONMENTAL IMPACT

The proposal, if approved and implemented by the current operator, would result in the continued pollution of the surrounding environment by way of dust, noise and litter which is not considered to be acceptable

FINANCIAL IMPACT

·    If the proposal were to be approved, the payment of the applicable Development Contribution Levy will be required.

·    Additional resources or financial cost will be incurred should be the planning permit application require determination at the Victorian Civil and Administrative Tribunal (VCAT).

·    The current operations at the site have resulted in a financial impact to Council through the use of resources needed to ensure compliance with the current planning permit conditions. This has resulted in proceedings in the Magistrates Court which will incur a further cost to Council.

·    If the application is approved, there is little confidence that the the current operator will comply with permit conditions and further resources will be expended.

 

Consultation

The application was deemed appropriate to be advertised under Section 52 of the Act.  Given notice was done by notice to adjoining and adjacent landowners and occupiers via registered post under Section 52(1)(a) of the Planning and Environment Act 1987 (the Act), display of an A3 sign on site for a minimum of 14 days pursuant to Section 52(1)(d) of the Act, and a notice in the Warragul and Drouin Gazette for one issue under Section 52(1)(d).

 

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This decision assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

 

Strategic Objective 1. Vibrant Communities

 

1.2 Managing Baw Baw’s growth and development

 

Strategic Objective 3. Safe and Sustainable Environments

 

3.1 Protecting and sustainably managing Baw Baw’s environment.

 

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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

CONFLICT OF INTEREST DECLARATION

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

 

 

 

 


  Council

Meeting Agenda - 12 July 2017

 

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Meeting Agenda - 12 July 2017

 

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  Council

Meeting Agenda - 12 July 2017

 

14.    The Environment

14.1    Tarago Reservoir Partnership Program

Compliance Coordinator  

Directorate:  Planning and Economic Development

 

Ward:         

 

Appendix:     3 attachments

       

 

purpose

To inform Council of Melbourne Water funding to extend the Tarago Catchment Officer position by a further 2 years,  to assist Council in the areas of roadside management and domestic wastewater management within the Tarago Catchment area.

REcommendation

That Council:

1. Supports and notes the Framework Funding Agreement between Melbourne Water Corporation and Council for the Tarago Reservoir Implementation Program; and

2. Supports and notes that funding will result in an extension of the existing Tarago Catchment Project Officer position, to ensure continued improvement through the expansion of Council’s existing programs in relation to roadside management and septic tank wastewater management.

 

Key POINTS/Issues

·    Tarago Reservoir is an open potable water supply catchment which supplies the townships of Neerim South, Noojee, bulk water users along the Tarago main race (South Eastern Water) and Gippsland Water township customers.

·    Current land use practices within the catchment create source management issues which may impact on drinking water quality in the form of contamination from human pathogens, increased nutrients and turbidity.

·    Melbourne Water’s 2012 Catchment Management Plan identified that the Council has a key role in reducing the impacts on water quality through Planning Scheme improvements, roadside, storm water and septic tank wastewater management programs.

·    In 2015 Council negotiated a partnership with Melbourne Water to fund a project within the Tarago Reservoir Catchment.  The project focus being:

o Domestic wastewater management; and

o Roadside management and statutory planning as it relates to the Tarago Catchment. 

·    A funding agreement for $150,000 from Melbourne Water was entered into and Council engaged a Tarago Catchment Project Officer for the period 1 August 2016 to 31 July 2017.

·    2016/17 Tarago Reservoir Agreement has achieved successful outcomes. As such Melbourne Water Corporation and the Public Health team have a desire to continue momentum gained to date.

·    There is now an opportunity to extend the Tarago Reservoir Partnership for a further two years (2017/18 and 2018/19), with Melbourne Water Corporation having confirmed continued funding with a draft MOU that includes $175,000 for staff costs, up front.

·    This significant funding offer presents the Shire with an opportunity to address the risk posed by existing septic systems in drinking water supply catchments as identified in the Domestic Wastewater Management Plan.

·    Additional costs will be incurred by Council (approximately $50,000), however, the bulk of the funding is from Melbourne Water Corporation.

 Triple Bottom Line Implications

COMMUNITY IMPACT

·    Protect and manage water catchment for the long term supply of drinking water to Gippsland Water and South East Water customers.

·    Minimise the impacts of storm-water and septic tank wastewater systems on the water quality within the Tarago Reservoir.

·    Ensure sustainable development and production within the catchment.

·    Minimise the contamination risks associated with human pathogens.

·    Maintain the area for the benefit of recreation and tourism.

ENVIRONMENTAL IMPACT

·    Minimise nutrient and suspended solids contamination entering the catchment.

·    Improved farm management practices will reduce erosion events (eg fencing off streams to prevent livestock access to sensitive areas).

·    Reduction of and better targeted application of any fertilisers.

·    Protection of diversity and extent of natural ecosystems and species within the catchment.

·    Minimisation of algal blooms from high nutrient flows into the catchment.

FINANCIAL IMPACT

·    Melbourne Water will provide the Council with $175,000 to support Council’s roadside, storm-water and septic tank wastewater management programs within the catchment. The role will also support the employment of an officer for a period of 2 years as a 0.6 EFT.

·    The extent of Council’s financial commitment would be to meet operational overheads (training, transport, information technology support, office accommodation, insurances, administration). The projected costs would be in the order of $50,000 over the two year period.

Consultation

Council’s current domestic wastewater management plan review includes community consultation from residents across the municipality. Extensive consultation has also occurred with Water Corporations, and this will continue throughout the program.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This Melbourne Water Tarago Catchment funding project assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

Strategic Objective 1. Vibrant Communities

1.2 Managing Baw Baw’s growth and development.

Strategic Objective 3. Safe and Sustainable Environments

3.1 Protecting and sustainably managing Baw Baw’s environment

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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

LEGAL

·        Environment Protection Act 1970

·        State Environment Protection Policy (Waters of Victoria)

·        Local Government Act 1989

·        Planning and Environment Act 1987

·        Safe Drinking Water Act 2003

POLICY IMPACTS

·        Baw Baw Shire Council Planning Scheme.

·        Melbourne Water’s Tarago Catchment Management Plan.

·        Baw Baw Council’s Domestic Wastewater Management Plan.

CONFLICT OF INTEREST DECLARATION

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

 

 

 


  Council

Meeting Agenda - 12 July 2017

 

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  Council

Meeting Agenda - 12 July 2017

 

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  Council

Meeting Agenda - 12 July 2017

 

15.    Notices of Motion

Nil Reports

 

 

 


16.    Committee and Delegates Reports


  Council

Meeting Agenda - 12 July 2017

 

17.    Assembly of Councillors

17.1    Assembly of Councillors Report

Governance Advisor

Directorate:  Corporate and Community Services

 

Ward:          All

 

Appendix:     1 attachment

       

 

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 23 June 2017– Friday 7 July.

 

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.

 


  Council

Meeting Agenda - 12 July 2017

 

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18.    Mayoral Minute

 

19.    General Business