Minutes

 

 

 

                                                       Council

 

 

 

                                               26 July 2017

 

 

 

 

 

 

 

 

 

 

 

                                                                                                  www.bawbawshire.vic.gov.au

 


  Council

Meeting Minutes - 26 July 2017

 

 

1.        Opening and Recognition of Traditional Custodians. 4

2.        Reading of Affirmation and Prayer. 4

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

There were no questions on notice received. 5

8.2     Submissions. 6

9.        Petitions. 7

10.     Vibrant Communities. 8

10.1  2018 Australia Day Program.. 8

10.2  Utilisation of Council owned Buildings. 13

10.3  Options for the Establishment of a Community Meeting Hub in Drouin   27

10.4  Statutory Planning Monthly Report - June 2017. 36

10.5  Planning Permit Application PLA0165/16 - Planning Permit Application for a Two Lot Subdivision at 1447 Neerim East Road, Neerim (Lot 4 LP3924) 92

10.6  Baw Baw Municipal Animal Pound. 110

10.7  Acquisition of artwork to Council Collection.. 117

11.     Thriving Economy. 122

11.1  Consideration and Appointment of a new Member to the Business Advisory Board  122

12.     Safe and Sustainable Environments. 124

12.1  Response to Notice of Motion in relation to Mowing and Slashing Contractor List for Residents - Summer Season.. 124

13.     Organisational Excellence. 139

13.1  Appointment of Audit Committee Independent Members. 139

14.     Notices of Motion.. 149

15.     Committee and Delegates Reports. 150

15.1  FUTURE OF LOCAL GOVERNMENT SUMMIT. 150

15.2  2017 AGRIBUSINESS GIPPSLAND CONFERENCE.. 150

16.     Assembly of Councillors. 151

16.1  Assembly of Councillors Report 151

17.     Mayoral Minute. 155

Cr Gauci utilised his Mayoral Minute to inform the Community that the Warragul Snow Fest is scheduled to take place on Friday 28 July 2017 from 4.30pm until 8.00pm. 155

Cr Gauci also highlighted that two Councillors and a Baw Baw Shire Staff Member had volunteered for the Dunking Machine. He encouraged members of the community to attend the event. 155

18.     General Business. 155


  Council

Meeting Minutes - 26 July 2017

 

   Baw Baw Shire Council

Council Meeting

26 July 2017

Minutes

 

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

Trafalgar Council Chambers, commencing at 5.30pm on 26 July 2017.

 

 

Present

Cr J Gauci, Cr M Leaney, Cr M Power, Cr K Cook, Cr D Wallace, Cr D Goss, Cr P Kostos ,Cr T Jones and Cr J O’Donnell.

 

In Attendance

Mr P Cantillon     Interim Chief Executive Officer

Mr M Lewis         Acting Director Corporate and Community Services

Mr D Dunstan     Acting Director Community Assets

Mr M Cripps        Director Planning and Economic Development

Ms J Oakley        Executive Manager, Community Information and Advocacy

Mr P Harris          Manager Council Business

Ms K Evans         Governance Advisor

Ms D Foenander Executive Assistant, Director Corporate and Community Services

 

 

 

 

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 

   

 

4.      Civic Ceremonies

No Civic Ceremonies were held.                   

 

5.      Confirmation of Previous Meeting Minutes

 

COUNCIL MOTION

 

Moved:              Cr D Wallace

Seconded:        Cr K Cook

 

That the minutes of the Ordinary Council Meeting held on 12 July 2017 be confirmed.

 

CARRIED

 

6.      Councillors Declarations of Interest/Conflict of Interest

Cr Power declared a conflict of interest at item 13.1and left the chamber while the item was discussed.     

 

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

 There was no Confidential Council Meeting on Wednesday 26 July 2017 and therefore there was no information to be released to the public.

 

8.      Community Participation Time

8.1       Questions on Notice

There were no questions on notice received.

8.2       Submissions

The following persons spoke on an item on the agenda.

    

Submitter Name     

Agenda Item                       

Joey Whitehead

10.5

 

 


  Council

Meeting Minutes - 26 July 2017

 

9.      Petitions

Nil Reports

 

 

 

 


  Council

Meeting Minutes - 26 July 2017

 

10.    Vibrant Communities

10.1    2018 Australia Day Program

Executive Manager Community Information and Advocacy  

Directorate:  Chief Executive Officer

 

Ward:         

 

Appendix:     1 attachment

       

 

purpose

Provide Council with an update on the 2017 Australia Day events held across the municipality and agree to the allocation of sponsorship funding for the 2018 Australia Day community events.

 

REcommendation

That Council:

1.   Continues to provide sponsorship support to the 17 community groups who organise and coordinate Australia Day events in the Shire; and

2.   Approve the revised allocation of sponsorship funding for community groups who coordinate and organise local Australia Day events.

 

alternate REcommendation

That Council:

  1. Continues to provide sponsorship support to the 17 community groups who organise and coordinate Australia Day events in the Shire;
  2. Approve the revised allocation of sponsorship funding for community groups who coordinate and organise local Australia Day events and
  3. Allocate an additional $500 towards the Aberfeldy Australia Day event.

 

COUNCIL MOTION

 

Moved:              Cr M Leaney

Seconded:        Cr D Goss

 

Cr Goss called for a division

 

For:                Councillors J Gauci, D Goss, M Leaney, J O'Donnell, K Cook and M Power

Against:        Councillors T Jones, P Kostos and D Wallace

 

 

CARRIED

 

 

Key POINTS/Issues

·    In 2015, Council adopted to streamline the annual funding that was provided to 17 community groups to assist with running the small town Australia Day events. The streamlined approach adopted by Council in October  2014 meant the Drouin evening event and Longwarry event each received $1,100, with 15 small town community events each receiving $250.00.

·    Historically the streamlined amounts were allocated based on the number of visitors to each town event however this report identifies the current sponsorship allocations (in some cases) does not cover the costs incurred by community groups to run Australia Day events.

·    2016 - As per the annual budget allocations, a further $1,855.00 is given to the Drouin Combined Service Clubs Committee, and $975.00 to the Trafalgar Community Development Association to organise and run both of the breakfast events on behalf of Council in 2017.

·    Council initiated survey feedback was received post the 2017 Australia Day events, to determine if the funds community groups were receiving were sufficient to cover the main aspects of their events.

·    In 2017, 10 of the 17 community groups exceeded the amount provided by Council (six feedback forms were not returned).

·    The Council authorized community groups can apply for Australia Day funding up to the allocated amount which must be legitimized by the community group as a reasonable and acceptable expenditure of rate payer’s money.

 

 

 

 

Warragul Australia Day Event

 

·    In 2015, a community sub-committee in negotiation with Council, took over the coordination of the Warragul Australia Day barbecue event on a 12 month trial. Following the 2016 event the sub-committee notified Council that they would not be interested in undertaking the event ongoing.

·    As such in 2016, Council approached another interested community group regarding the coordination and organisation of the Warragul Australia Day barbecue event. Unfortunately this community event withdrew their support in late-October 2016, not leaving sufficient time for Council to find a replacement organising group.

·    As a result a scaled back event was delivered in Civic Park. The community was made aware that the event would be scaled-back.

·    Warragul is the only town that does not run and organise its own Australia Day event.

·    2018 - Council will continue to engage with Warragul community groups who wish to lead, coordinate and organise this important community and national event.

Triple Bottom Line Implications

COMMUNITY IMPACT

·    Should Council be unable to secure a community group to deliver the Warragul event, a scaled down event (such as the program ran this year) is likely to continue.

·    Current Council sponsorship funding allocation is falling short in some cases leaving community groups out of pocket.

ENVIRONMENTAL IMPACT

N/A

FINANCIAL IMPACT

·    Current sponsorship budget of $17,280.00 remains unchanged

·    The recommendation of this report is that allocations change to reduce the burden on those community groups coordinating and organizing Australia day events across the municipality.

·    The allocated up to amounts must be legitimized by the organizing group providing an itemised list of expenses (pre and post event) to Council’s events management team. Any funds not expended are to be returned to Council.

Consultation

·    Discussions were held with an interested Warragul Community Groups in taking over the running of the 2017 Warragul Australia Day event.

·    Each community group was asked to complete a funding review form for consideration for funding in 2018.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This Australia Day 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, healthy and inclusive community.

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

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

The Australia Day funding allocations and event organisation are reviewed under the Charter of Human Rights and Responsibilities and was considered compatible.

LEGAL

Community groups managing public events such as Australia Day on Council land are required to meet Council and statutory conditions.

POLICY IMPACTS

Community groups to address statutory and Council guidelines when managing and coordinating public events.

CONFLICT OF INTEREST DECLARATION

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

 


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

10.2    Utilisation of Council owned Buildings.

Recreation Officer

Directorate:  Community Assets

 

Ward:          All

 

Appendix:     1 attachment

       

 

purpose

For Council to receive and note the report in response to the General Business Motion raised by Cr O’Donnell on 22 February 2017 that requested Officers to prepare a report advising Council of all Council owned buildings and who uses them.

REcommendation

That Council receives and notes this report on Council owned buildings and requests officers to:

1.   Develop a community engagement plan to further investigate the utilisation of Council Owned Buildings;

2.   Engage with the community to complete a detailed audit of the utilisation of Council Owned Buildings; and

3.   Report back to Council on the detailed audit.

 

COUNCIL MOTION

 

Moved:              Cr J O'Donnell

Seconded:        Cr M Power

 

CARRIED

Key Issues

·        A General Business Motion was raised by Cr O’Donnell and Cr Leaney at the Council meeting on 22 February 2017 that requested Officers to prepare a report advising Council of all Council owned buildings and who uses them.

·        The attached is a list of Councils Public buildings.

·        In terms of management, there are differing types of buildings in the Council portfolio which are available for hire either by community groups, private individuals or commercial hire. The majority of these would fall into the following types; Public Halls, Sporting Social Clubs, Council Managed Public Buildings.

·        Public Halls

Council has 31 public halls within the Shire. Nine are Council owned, the remainder are DELWP owned and managed. The exception being Seaview and Trafalgar both of which are Trustees and managed by independent committees. Council insures and provides a maintenance allocation to each hall committee regardless of ownership. The public halls vary in condition and usage. Some halls have activities such as kinder gym, music instruction and playgroups running from them. The historic uses include family celebrations, afternoon teas, dances and badminton. However the overall level of use of public halls is considered to be very low. One of the most interesting things to come out of the current Arts Centre ‘Taking to the Halls’ program has been to learn not only of the program success, but of people who, for example, from Warragul have never been to Jindivick!

·        Social Clubs

The social clubs which are on most Council (and DELWP) reserves are managed and controlled generally by the resident football club. In total there are 22 social clubs on public sporting reserves. Council does not charge a fee to the club for their tenancy of the social club. Council does insure each social club. Social clubs are available for hire for private functions and would be available for community use/hire. Officers have recently found for example that Drouin Football Club will provide free use of their social club to community organisations. Apart from the typical ‘Thursday night’ football training dinners and functions on match-day’s and weekends the Social Clubs sit largely vacant and are an untapped resource for larger meetings and events. When Council reviews the Pricing Strategy, Council could address community use of these facilities in its review.

·        Minor (Council) Public Buildings

This category includes the sporting club buildings/pavilions used by Tennis, Netball, Soccer, Hockey, Cricket and Cycling which are also extremely under-utilised. Like Public Halls these vary in size and condition, however the majority are under-utilised. Many would only have seasonal use, being just a few hours, two or three times per week. As they vary in size and location, they all present opportunities for public use. For example the Drouin Tennis Club Pavilion on Bennet Street is centrally located in Drouin, has a small kitchen and medium sized room for meetings. It could accommodate any group for a general committee or AGM comfortably seating between 12 to 30 people allowing for light refreshments after the meeting.

·        Council’s Public Buildings

Council directly owns or controls several buildings, such as Exhibition Hall, Old Shire Hall, Goods Shed, Drouin RSL, Trafalgar Business Centre, Warragul and Drouin Civic Offices which are available for public hire by community and other groups. The hire fees for these buildings are published in Council’s Fees and Charges. The community hire fee is $10.20 per hour, with a half day $30.60 and full day fee of $61.20.  It doesn’t control the Drouin and Warragul Senior Citizens buildings, these buildings are largely vacant 7 nights per week, daily use in mornings and afternoons is questionable.

·        There are many opportunities and options available to unlock these facilities so that the level of awareness and use can be increased. This could include:

·    A full audit of current use.

·    Audit of equipment and resources currently available and required to activate spaces for use.

·    Development of a contact register and promotion on Council website.

·    Use of publicly available booking calendars and/or booking system.

·    Investigation of funding needs and opportunities to activate spaces.

·        There are already great successes in our community including the Jindivick Flower Show, Tetoora Road After School Club and the shared use between Drouin RSL and U3A. All of which demonstrate the types of uses and opportunities that community can create.

TRIPLEBOTTOMLINE IMPLICATIONS

Financial Impact

·        The funding requirement depends on the levels of service that Council adopts in carrying out the operational, maintenance and capital works to maintain a fit for purpose asset portfolio.

·        The Long Term Infrastructure Plan (LTIP) sets out Council’s 10 year capital works program consistent with the Long Term Financial Strategy (LTFS) and the Strategic Resource Plan.

·        In order to unlock and activate current public buildings funding would be required to improve and provide suitable equipment. There would be many ways to achieve this. Options for funding could be explored such as external grants, including a new section in Council’s community grants, re-directing existing community grant funding.

·        Many committees already have funds, Council staff could work with the committees to formulate plans to utilise these funds to improve facilities, create awareness and implement booking systems.

Environmental Impact

Council has developed and implemented environmentally friendly standards and work practices in the management of our infrastructure assets. The Asset Management Policy and Strategy, and the implementation of the Service Asset Management (SAM) Program have further enhanced this development.

Community Impact

·        The community, residents, cultural groups and sporting clubs are affected by the condition of assets.

·        The implementation of the SAM Program will assist in the management of community assets which underpins the service delivery requirements of our community needs. Asset management plans and service plans provide relevant information on the levels of service, community expectations and sustainability for the management of Council’s infrastructure assets and services to community.

·        Both the LTFS and LTIP promote the social and economic viability of the municipality and its role in maintaining the viability of Council to ensure that resources are managed in a responsible manner.

Consultation

This utilisation of Council owned buildings was prepared with inputs from Council staff across the organisation.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This report on the utilisation of Council owned buildings assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

Strategic Objective 1. Vibrant Communities 

1.1 Quality community focused services, facilities and infrastructure to support a growing community

1.4 Thriving town centres, rural and remote communities

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This report on the utilisation of Council owned buildings has been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

There are no legal impacts with this report.

POLICY IMPACTS

·        The Asset Management Policy and Strategy supports Council’s commitment to a broad range of community assets. This assists with the ongoing development and implementation of service asset management processes to enable informed strategic asset management decisions to be made and ensure that Council is better able to manage its assets.

·        Council’s Property Policy establishes principles for the management of Council Buildings.

·        Council’s Pricing Policy supports the shared use of Council Buildings and sets hire fees for Buildings which Council manages.

CONFLICT OF INTEREST DECLARATION

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


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

10.3    Options for the Establishment of a Community Meeting Hub in Drouin

Property Management Coordinator, Manager Sustainable Development

Directorate:  Corporate and Community Services, Planning and Economic Development

 

Ward:          West

 

Appendix:     2 attachments

       

 

purpose

Following a Notice of Motion tabled by Councillor Cook, this paper provides information in relation to the current availability and future options for multi-purpose community meeting space in Drouin. 

REcommendation

That Council;

1.    Utilises the $100,000 in the 2017/18 budget to develop a shire wide strategy for Community Hubs that includes a multi-purpose community meeting space in Drouin.

2.   Encourages community groups to apply for community grants to improve facilities in order to facilitate increased shared use.

 

COUNCIL MOTION

 

Moved:              Cr K Cook

Seconded:        Cr T Jones

 

CARRIED

Key POINTS/Issues

·        The Notice of Motion as tabled reads; That Council:

1.       Request that officers undertake an investigation and report back to Council on a series of options for the reestablishment of a multi-purpose community meeting place in Drouin; and

2.       Within the report, request that officers consider existing and new locations where meeting facilities are either available or could be established for the use by Community Groups and Community members.

·        The Adopted Council Plan 2017-2021 identifies the need for strategic community hubs, across the Shire. An allocation of $100,000 is in the 2017/18 budget to investigate the feasibility and costing of community hubs further.

·        There is a multi-purpose centre including Kindergarten in the Drouin DCP01 for delivery, which estimates $1M in cost. The DCP contribution is to be $635,010 with collected levies to date of $65,333. However the DCP Review Report (2013) shows the project cost to be estimated at $2.6M. There is no timeframe attached to the DCP to indicate when this centre is likely to be developed. Based on other hubs delivered by Council’s a multi-purpose centre including a Kindergarten with a budget of $2.6M is not likely to provide the type of facility desired.

·        In the Drouin Precinct Structure Plan proposed community facilities are included at;

o   Weebar Community Centre  (DCP) (Level 1 incorporating a community room and space for a double kindergarten - ref. Page 19 Drouin DCP)

o   Wellwood Community Centre (DCP) (Level 1 incorporating a community room and space for a double kindergarten - ref. Page 19 Drouin DCP)

·        Additionally the following facilities also appear in the Drouin Structure Plan any of which Council could partner with a developer to include a multi-use community centre;

o   Fairway Sporting Reserve (DCP)

o   Weebar Sporting Reserve (DCP)

o   Wellwood Government Primary School

o   Weebar Government Primary School

o   Weebar Catholic School Facilities

·        There are several existing Council owned land parcels within Drouin that could be utilised for a greenfield Community Hub. These would all require detailed investigation, consultation, design and costing. Bellbird Park, Oak Street, Civic Park, Adam Court, Matthew Bennett Park, Bennett Street Reserve could all be considered feasible options.

·        Community Hubs all vary in the facilities offered, size, availability and flexibility. In many respects there is not a standard or templated community hub. Some examples of community hubs delivered by other Councils include;

Council

Facilities

Cost

Latrobe

Moe Library

http://www.latrobevalleyexpress.com.au/story/3994458/new-moe-library-opens/

$14M

Geelong

Eastern Hub

https://easternhub.org.au/our-story/

$6.5M

Casey

Bunjil Place Narre Warren

https://www.bunjilplace.com.au/about

$125M

Brimbank

Community Hub St Albans consulting suites, large and small meeting spaces, kitchen, art gallery

http://bowerystacc.com.au/history/

$8.9M

Wyndham

Point Cook Library, Kindergarten and Community Spaces

https://www.wyndham.vic.gov.au/venues/point-cook-community-learning-centre

$4.7M

·        The attached table, ‘Buildings Available to the Public in Drouin’ contains buildings separated into three categories;

Ø  Council Owned Buildings

Ø  Buildings on Council Properties occupied by Council Tenants

Ø  Non-Council Buildings known to be available to the community

The table shows the typical availability, cost to hire and capacity of each building.

·        There are six Council owned buildings in Drouin, all of which are are available for use by the Community. These include Senior Citizens Centre, RSL and the Civic Offices. Each of these facilities are typically vacant every 7 nights per week.

·        Buildings on Council Properties tenanted to Community Groups total 7 and include the Drouin Library, Gippsland Umpire Rooms, Drouin Football Social Rooms, Scout Hall and Guide Hall. There is a high vacancy rate in these buildings, particularly during the day.

·        We’ve counted 8 Non- Council Buildings currently available for hire in Drouin. This is not an exhaustive list but includes Drouin Secondary College, Drouin Anglican Church, Drouin South Hall, Drouin Golf Club and others such as Gleeson’s and Middells.

·        To provide a clearer picture of actual availability the attached table, ‘Daily Availability of Buildings in Drouin’ shows buildings which can be booked any, morning, afternoon or evening. This table shows that there is a large number of facilities ranging in capacity, standard and cost that are available at any given time in the Drouin area.

·        Council could facilitate the improvement of the advertising, booking and standards of the Council owned facilities to achieve a better outcome for the community. This could be achieved by dedicating existing resources for a period of time to work on this as a project. This would be consistent with the Council Plan. In addition Council could assist via its website with the advertising of non-Council facilities available for hire.

Triple Bottom Line Implications

COMMUNITY IMPACT

·    The community have indicated that there is not adequate meeting space within the Drouin Township.

·    Community Grants are being modified to include minor equipment purchases which would benefit many of the above listed groups and facilities.

·    Improvement to existing available facilities would provide a greater diversity and access for use. 

·    A new purpose built community meeting facility would have the capacity to provide a space for a range of groups to use as a meeting and social place of connection.

ENVIRONMENTAL IMPACT

There is no environmental impact with this report.

FINANCIAL IMPACT

·        DCP items are the responsibility of Council and are fully funded by development, including development of reserves.  Land for reserves is funded through development public open space contributions.

·        There are no community hub identified projects listed within the current 10 year long term infrastructure plan.

·        With an allocation of funding to improve booking processes and management, existing facilities could be better promoted and utilised.

·        The costing of the community facilities is based on cost estimates prepared by the Victorian Planning Authority (VPA) for the Wyndam West DCP and applied to the Drouin DCP. These cost estimates represent the most recent benchmarks in community centre design and represent typical examples of community centre construction across Victoria – ref pg.25 Drouin DCP.

o   Wellwood Community Facility 0.4 ha land valued at $63,000 plus $3.5M construction. Page 31 Drouin DCP

o   Weebar Community Facility 0.4 ha land valued at $68,000 plus $3.5M construction. Page 31 Drouin DCP

·    Through its adopted pricing policy, Council has made its community rate very affordable at $10 per hour or $30 a half day.

Consultation

·    Each group in the attached table has been contacted in relation to the purpose of the report.

·    Full consultation would be required in the community to define what type of a community hub is required in Drouin. This could be completed as a response to the new Council Plan which calls for community spaces.

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 2017-2021:

Strategic Objective 1. Vibrant Communities 

1.1 Quality community focused services, facilities and infrastructure to support a growing community and develop a coordinated approach to community hubs and precincts in the municipality.

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 impacts with this report.

POLICY IMPACTS

·        Community Development Services Plan

·        Property Policy 2014

·        Pricing Policy 2016

·        Drouin Precinct Structure Plan 2014

·        Drouin Development Contributions Plan 2014

·        Warragul and Drouin Development Contributions Plan 2007

·        Long Term Infrastructure Plan 2017-2027: no facility identified

CONFLICT OF INTEREST DECLARATION

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

 

 

 


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


PDF Creator


PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

10.4    Statutory Planning Monthly Report - June 2017

Director Growth and Economic Development

Directorate:  Planning and Economic Development

 

Ward:         

 

Appendix:     7 attachments

       

 

purpose

To provide Council with an update on Statutory Planning activities for the month of June 2017.

REcommendation

That Council note the report.

 

COUNCIL MOTION

 

Moved:              Cr M Power

Seconded:        Cr M Leaney

 

CARRIED

Key POINTS/Issues

·        During the month of June 2017:

Ø  37 planning permit applications were received;

Ø  36 planning permit applications determined;

Ø  49 written planning advice were issued for the month;

Ø  5 plans of certification issued for plans of subdivision;

Ø  13 statement of compliance were issued for plans of subdivision;

·        In June a total of 39% of decisions were made within 60 days; this is largely due to the decisions being made on older planning permits that have been in the system for a long period of time. Notwithstanding this, the financial year results indicate 62% of all decisions were made in 60 days which is a 10% improvement on the 2015/16 results.

One matter was determined at VCAT. Planning Application PLA0153/16 at 245 Main South Road, Drouin related to an appeal against Council’s decision not to support an amendment to conditions contained in a planning permit.

Summary of matter:

At the commencement of the hearing the permit applicant amended the Application for Review. The applicant withdrew their grounds relating to conditions 3 and 4 and limited the issues in dispute to condition 2 (ie the reticulated sewer condition) on PLA153/16 (Permit).

Decision

 

The Tribunal made the following orders:

 

Ø  The decision of the responsible authority is varied.

Ø  Condition 2 is to be modified to be in the form suggested by Gippsland Water ie to the effect that prior to statement of compliance the owner must enter into a section 173 agreement (Agreement) with the responsible authority and Gippsland Water that provides for the following:

o notify any potential purchaser of the land of the potential need for significant infrastructure provision to facilitate the connection of the subject land to reticulated sewer; and

o require:

§ that the whole of the land be connected to reticulated sewerage prior to the occupation of any part of the subject land; or alternatively

 

§ that sewerage infrastructure (including without limitation a pump station and gravity sewerage) and sewerage easement be provided on or to the subject land in accordance with the requirements of Gippsland Water, to the satisfaction of Gippsland Water prior to the occupation of any part of the land.

 

[Emphasis added]

 

The Tribunal will make written orders confirming its decision, however given the matter was in the short cases list no reasons will be provided at that time.

 

Verbal reasons

 

The Tribunal provided the following verbal reasons and commentary at the hearing.

 

1.   The Tribunal did not agree that condition 2 (as originally drafted) was necessary or reasonable for the following reasons:

 

·    The requirement 66 in the PSP does include discretion and that discretion applies to larger lots (where Gippsland Water and Council agree).

·    That the July 2015 resolution of Council (ie not supporting 2 lots subdivisions without connection to services) was not elevated to policy status. It is only, at best an adopted policy of Council and therefore could be considered under s 60 of the PE Act. However the resolution does not hold the same weight as a statutory document. The resolution was given lower weight and accordingly the resolution needs to be applied with a degree of flexibility.

 

2.   In relation to whether a condition was required at all, the Tribunal provided the following comments:

 

·    It was not necessary to service the lots prior to statement of compliance. This is contrary to the requirements of the Subdivision Act 1988 which provided that there is an option for an owner to enter into agreement to provide services prior to statement of compliance.

·    Did not place much weight on the existence of the 'dwelling' and the demand associated with this given its unoccupied status.

·    It would be inefficient and costly to service the lots prior to statement of compliance.

The Tribunal concluded that a condition was required and adopted the position of Gippsland Water. The Tribunal noted that it gave weight to the views of the statutory authority with responsibility for the delivery of the sewer infrastructure.

·        This report provides Council with an update on the following items:

Ø  Infographic outlining summary of Statutory Planning processes and output during June (Attachment 1);

Ø  Copy of the Planning Permit Activity Monthly Report (Attachment 2);

Ø  Planning Applications to Amend Planning Permit received  (Attachment 3)

Ø  Planning Applications received (Attachment 4)

Ø  Total Planning Applications Determined (Attachment 5).

Ø  Planning Applications to Amend Planning Permit determined (Attachment 6)

Ø  VCAT Appeals set in June 2017 (Attachment 7)

Triple Bottom Line Implications

COMMUNITY IMPACT

This report will not result in any identified community impacts.

ENVIRONMENTAL IMPACT

This report will not result in any identified environmental impacts.

FINANCIAL IMPACT

The costs to be incurred at VCAT by legal Representation, planning consultants and officer representing Council are included in the 2016/17 Growth and economic Development budget.

Consultation

·    This report provides details of all planning permit applications and decisions that are required to be considered in accordance with the Baw Baw Planning Scheme and the Planning and Environment Act 1987.

·    Consultation occurs with the community as part of the planning process on applications where public advertising is required.

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 2017-2021:

Strategic Objective 1: Vibrant Communities       

1.4 Thriving town centers, rural and remote communities.

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 identified legal impacts noted in relation to the preparation of this report.

POLICY IMPACTS

There are no identified policy impacts noted in relation to the preparation of this report.

CONFLICT OF INTEREST DECLARATION

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

 


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

10.5    Planning Permit Application PLA0165/16 - Planning Permit Application for a Two Lot Subdivision at 1447 Neerim East Road, Neerim (Lot 4 LP3924)

Coordinator Statutory Planning  

Directorate:  Planning and Economic Development

 

Ward:          EAST

 

Appendix:     3 attachments

       

 

purpose

Councillor Kostos and Councillor Power have requested Planning Permit Application PLA0165/16 for a two lot subdivision of 1447 Neerim East Road, Neerim (Lot 4 LP 3924) be brought to Council for a decision.

REcommendation

That Council refuse Planning Permit Application PLA0165/16 for a two lot subdivision of 1447 Neerim East Road Neerim (Lot 4 LP3924).

 

ALTERNATE REcommendation

That Council approve Planning Permit Application PLA0165/16 and issue a planning permit which would be subject to following conditions:

 

LAYOUT NOT ALTERED CONDITION

 

1.    The subdivision as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

 

ENGINEERING CONDITIONS

 

  1. Prior to issue of a Statement of Compliance, all vehicular crossings and entrances to the land are to be constructed or upgraded to the satisfaction of the responsible authority in accordance with Council’s Infrastructure Design Manual standard drawing SD 255 Typical Swale Drain Vehicle Crossing (Rural Entrance), at a location acceptable to the responsible authority. A sealed all weather surface shall be provided between the property boundary and the sawcut edge of the existing seal in Neerim East Road and a white hazard marker shall be provided within the road reserve on either side of the crossing. Any trees and scrub obscuring a clear line of sight for vehicles exiting the property shall be cleared at the developer’s expense, to the satisfaction of the responsible authority.

 

PUBLIC HEALTH CONDITIONS

 

  1. Prior to the issue of a statement of compliance the existing sewage disposal system for the existing dwelling shall be upgraded in accordance with the Environment Protection Act 1970 and the Guidelines for Environmental Management: Code of Practice – Onsite Wastewater Management 891. 3 (2013) and relocated if necessary to ensure it is fully contained within the proposed new boundary in line with the appropriate segregation distances.

 

  1. All waste water and liquid is to be contained and treated on site by a septic tank system or equivalent. The system must be at least 60 metres from any watercourse and/or dam on the subject or neighbouring properties, and must meet the Guidelines for Environmental Management: Code of Practice – Onsite Wastewater Management 891. 3 (2013).

 

TWO LOT SUBDIVISION STANDARD CONDITIONS

 

  1. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time.

 

  1. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.

 

  1. The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.

 

SECTION 173 AGREEMENT CONDITION

 

  1. Prior to the issue of Statement of Compliance, the owner of the land must enter into an Agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987. The cost of the preparation, lodgement and registration of the Agreement and any subsequent amendment, enforcement, removal or other dealing associated with the Agreement shall be borne totally by the owner of the land. The Agreement must be registered on the certificate of title for the land. Evidence of the registration of the agreement must be provided to the Responsible Authority.

 

The Agreement shall include the following details:

 

a)    The land must not be further subdivided so as to increase the number of lots.

 

EXPIRY CONDITION

 

  1. The permit will expire if one of the following circumstances applies:

 

a)    The Plan of Subdivision is not certified within two (2) years of the date of this permit.

 

b)    The registration of the subdivision is not completed within five (5) years of certification.

 

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within six months afterwards.

 

 

COUNCIL MOTION

 

Moved:              Cr P Kostos

Seconded:        Cr D Goss

 

 

Cr Goss called for a division

 

For:                Councillors D Goss, P Kostos, K Cook and M Leaney

Against:        Councillors J Gauci, T Jones, J O'Donnell, M Power and D Wallace

 

losT

REcommendation

That Council refuse Planning Permit Application PLA0165/16 for a two lot subdivision of 1447 Neerim East Road Neerim (Lot 4 LP3924).

 

COUNCIL MOTION

 

Moved:              Cr D Wallace

Seconded:        Cr M Power

 

CARRIED

Key Issues

·     The application seeks to subdivide the site into two lots.

·     A planning permit is required to subdivide land within the Farming Zone pursuant to Clause 35.07-3 of the Baw Baw Planning Scheme (the Scheme).

·     The subject site is 7.3 hectares in size and is being used as a nut orchard, primary produce sales, plant nursery, small nut products industry and dwelling.

·     The surrounding land is used for agriculture with some interspersed small lots used for rural residential living purposes.

·     The proposed subdivision would create Lot 1 - 2.82 hectares and Lot 2 – 4.48 hectares.  Lot 1 would contain the existing dwelling. 

·     Both lots would contain a portion of the existing intensive agricultural use currently in operation.

·     Inadequate justification has been provided for the subdivision with no detail given regarding the ability of both lots to be commercially viable through the existing and potential agricultural pursuits on the land.

·     The proposal has the potential to create two rural residential lots which have the ability to impact on surrounding agricultural operations in the future. 

·     The proposal is considered to be contrary to the objectives of the State Planning Policy Framework, the Local Planning Policy Framework, the purpose and decision guidelines of the Farming Zone and Decision Guidelines of Clause 65.01 of the Scheme.

TRIPLEBOTTOMLINE IMPLICATIONS

Financial Impact

Additional resources or financial cost will only be incurred should be the planning permit application be refused and the applicant sought a determination at the Victorian Civil and Administrative Tribunal (VCAT).

Environmental Impact

The proposal has the potential to result in the permanent loss of highly productive agricultural land which is a limited resource within Baw Baw Shire.

Community Impact

If approved, the proposal may result in an increase in land use conflicts with adjoining agricultural uses.

Consultation

Notice of the application was given to adjoining and adjacent landowners and occupiers via registered post under Section 52(1) (a) of the Planning and Environment Act 1987 (the Act), an A3 sign was displayed on the site frontage for a minimum of 14 days, and a notice was placed in one issue of the Drouin and Warragul Gazette pursuant to Section 52(1) (d) of the Act. No objections were received.

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

 

1.4 Thriving Town Centre, rural and remote communities.

 

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 Minutes - 26 July 2017

 

PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

10.6    Baw Baw Municipal Animal Pound

Project Engineer

Directorate:  Community Assets

 

Ward:          West Ward

 

Appendix:     1 attachment

       

 

purpose

To update Council on the closure of Utopia Pet Lodge and recommended scope of works for the modification of Utopia Pet Lodge into the Baw Baw Municipal Animal Pound.

REcommendation

That Council:

1.   Approve the closure of Utopia Pet Lodge as an animal boarding facility by 31 August 2017 and notify the community and existing customers of available alternate options; and

2.   Authorise Council Officers to proceed with Stage 1 works under Council’s Building Services Panel Contract and tendering of Stage 2 works.

 

COUNCIL MOTION

 

Moved:              Cr D Goss

Seconded:        Cr M Leaney

 

CARRIED

Key POINTS/Issues

·    Council at its meeting on 14 June resolved:

That Council:

1.   Support the repurposing of the existing Utopia Pet Lodge building for the use as Baw Baw Shire’s Municipal Animal Pound; and

2.   Proceed with the tender process for the conversion of the existing Utopia Pet Lodge building to the Municipal Animal Pound.

·    Council Officers have recently completed concept designs (see attachment 1) for the modification of the existing Utopia Pet Lodge into the Baw Baw Municipal Animal Pound.

·    Broadly the modification works are proposed to be completed in two stages:

o Stage 1:

1.   Conversion of 8 existing rear dog enclosures into 8 compliant dog enclosures

2.   Conversion of rear dog enclosures to two exercise yards

3.   Retrofit Cat Area with 24 new enclosures

4.   Retrofit front existing administration area with dividing wall to prevent public access

5.   Estimated cost $90,000

6.   Works to be completed by mid-September under the Council’s Building Services Panel Contract.

o Stage 2:

1.   Retrofit the rear dog housing area by demolishing the existing enclosures on the south side, constructing a new concrete slab, drainage and installing 22 new dog enclosures

2.   Construct wall in rear section to create dog isolation area with 4 standard dog enclosures and 4 isolation enclosures

3.   Install 3 new cat isolation enclosures

4.   External Works – Dog exercise yard and CCTV system installation

5.   Estimated cost $230,000

6.   Tender for a Solar System as a provisional item

7.   Works to be completed by December 2017 under an open tender.

·    Council Officers have undertaken a review of the current bookings for Utopia Pet Lodge and it is proposed that the boarding facility operations at Utopia Pet Lodge ceases by 31 August 2017. Any existing booking beyond this date will be cancelled and customers advised of available alternate options.

·    Following the completion of Stage 1 Works, it is proposed that the Galloway Street Animal Pound facility is closed and all impounded animals are relocated to the new Baw Baw Municipal Animal Pound.

·    Security practices of the new Baw Baw Municipal Animal Pound will be reviewed as part of Stage 2 Works. Currently there is adequate security measures in place to protect the animals and the facility.

·    A livestock holding area is to be developed on the site at an estimated cost of $15,000 by December 2017.

·    The house situated on the site requires approximately $35,000 of initial works to make it appropriate for potential future leasing. This would be funded through the annual building works program to be reviewed at the mid-year budget. The house could be rented or leased either separately or as part of the pound operation depending on which provides the best long term outcome for Council.

·    The modified facility will have a full time staffing presence during business hours and supported by casual or part time staff out of hours.

·    The closure of the Galloway Street will free up current Compliance staff servicing this facility to undertake more normal compliance duties.

·    The modified facility will maximise the opportunities for Council for potential future shared services arrangements.

Triple Bottom Line Implications

COMMUNITY IMPACT

·        The modification of Utopia Pet Lodge into the Baw Baw Municipal Animal Pound will allow Council to impound animals in a compliant facility which should reduce the stress on both the community and their animals.

·        There will be sufficient room for impounding animals to meet future growth and shared service opportunities.

·        The repurposing of Utopia Pet Lodge and inclusion of an adoption room will help the rehoming of suitable animals.

ENVIRONMENTAL IMPACT

The completion of a new animal pound will improve the amenity and accommodation of impounded animals and Council Officers who work in the building.

FINANCIAL IMPACT

Stage 1 Works, Stage 2 Works and the livestock holding area are estimated to be completed within the amount of $353,970 previously quoted.

Consultation 

·    Council Officers undertook a ‘Have your Say’ consultation process in early 2016 to determine the level of support to continue with the new animal pound project at a higher than budgeted cost as well as the preferred location. During this consultation process, Utopia Pet Lodge was presented as an alternate site which was subsequently investigated and purchased.

·    Following the purchase of Utopia Pet Lodge extensive consultation has been undertaken with a Building Contractor and Council departments including Compliance, Building and Engineering, to develop the most cost effective design for the repurposing of Utopia Pet Lodge into the Baw Baw Municipal Animal Pound.

·    All existing customers will need to be advised of the upcoming closure of Utopia Pet Lodge by 31 August 2017, this will be completed by telephone and in writing. The general community will be notified of the closure by a media release, social media and Council’s website.

·    Specific consultation will be undertaken with the adjoining residents to address any concerns with the proposed works.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

The modification of Utopia Pet Lodge into the Baw Baw Municipal Animal Pound assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

Straetgic Objective 1: Vibrant Community Life

1.1 Quality community focused services, facilities and infrastructure to support a growing community.

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 current animal pound at Galloway Street Warragul is non-compliant with the Department of Environment and Primary Industries Code of Practice. The proposed modification of Utopia Pet Lodge to the Baw Baw Municipal Animal Pound will address this issue by providing a compliant facility.

·    Council Officers have notified the Minister of Agriculture in accordance with Section 58F of the Domestic Animals Act 1994 – Registration of A Domestic Animal Business to be surrendered, regarding the closure of Utopia Pet Lodge as a boarding facility and its’ conversion into the Baw Baw Municipal Animal Pound.

POLICY IMPACTS

The modification of Utopia Pet Lodge into the Baw Baw Municipal Animal Pound will enable Council Officers to effectively manage impounded animals in accordance with the Domestic Animal Management Plan.

CONFLICT OF INTEREST DECLARATION

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

 

 

 

 


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


PDF Creator


PDF Creator


  Council

Meeting Minutes - 26 July 2017

 

10.7    Acquisition of artwork to Council Collection

Cultural Development Officer

Directorate:  Planning and Economic Development

 

Ward:         

 

Appendix:     1 attachment

       

 

purpose

For Council to consider the acquisition of a significant artwork ‘Warrigal’, depicting Warragul’s CBD, by artist Kenneth Jack (dec).

REcommendation

That Council approves the acquisition of ‘Warrigal’, depicting Warragul’s CBD, by artist Kenneth Jack (dec) at the offered price of $8,000.

 

COUNCIL MOTION

 

Moved:              Cr M Leaney

Seconded:        Cr D Wallace

 

CARRIED

Key POINTS/Issues

·    The Baw Baw Shire Arts and Cultural Committee has the role of considering possible acquisitions to the Baw Baw Shire Public Artwork collection, testing such considerations against the criteria in the acquisition policy and making recommendations to Council when opportunities arise.

·    The Baw Baw Shire Artwork Collection aims to gain for the Shire a real and appreciating asset, which will inspire and reflect our community and its values.

·    Works proposed for acquisition need to:

o withstand objective artistic assessment,

o be works of significance, due to subject, author, size or other criteria,

o be accessible to the general public.

·    Priority is given to works by local artists and/or depicting local themes

·    A committee comprised of the following considers opportunities as they arise, tests them against the acquisition criteria and recommends the purchasing or acquiring works to the collection:

o Manager Arts & Culture and Events

o Representative(s) of Arts & Culture Advisory Committee (ACAC).

o A nominated Councillor (usually the Chair of ACAC)

o A qualified independent person (Art teacher, Gallery owner, Architect etc)

·    A budget of up to $10,000 is set aside in the operations budget cost centre for Community Cultural Development for commissions, art projects and ‘minor acquisitions’ and the capital works Public Art budget (‘Percent for Art Policy’) has $74,264 available in the current Capital Works budget for major acquisitions. The cost of this proposed acquisition can be met by allocated budgets.

·    New works will add to the current Baw Baw Shire Council collection to be displayed in the West Gippsland Arts Centre and in other appropriate and secure venues about the Shire.

·    The proposed work for purchase, ‘Warrigal’ (sic) by Kenneth Jack, is currently on display in a retrospective exhibition of his work in the Sale Regional Art Gallery. ‘First right of refusal’ to purchase was offered to Baw Baw Shire by the owner (the artist’s son), in light of its local relevance and reference (albeit a misspelling of our town’s name). The offered price of $8,000 is a consideration well below the assessed market value.

·    ACAC sought the advice of a professional art appraiser and dealer. His response in relation to the Kenneth Jack work supports the acquisition.

o “The Warrigal work is a significant one and from a critically important period within his oeuvre. All these slightly modernist 1950’s works are sought after. Highest price for a Kenneth Jack is $48,000.” 

 

o “Given the significance of the work to Baw Baw and its relationship to Walhalla Bandstand print already in the Baw Baw Shire Collection I would be stunned that you wouldn’t pursue purchase of this work. It is important to have it in town and for that matter the region.”

 

·    The artist, Kenneth Jack (1924—2006) was renowned for intricate images of Australian cities, outback towns and vast panoramic views, travelling extensively including time spent in Gippsland in the 1950’s where his work included ‘Warrigal’ (1956).

·    Kenneth Jack was awarded an MBE in 1982 and the AM in 1987 in recognition of his contribution to the arts. He is now represented in collections such as that of:

o HM the Queen and HM the Queen Mother;

o the Adelaide City Council;

o The Australian National Gallery;

o Artbank;

o the Art Gallery of New South Wales;

o the Art Gallery of South Australia;

o the Art Gallery of Western Australia;

o The Australian War Memorial;

o Broken Hill Art Gallery Chisholm Institute of Technology;

o Sydney's Mitchell Library;

o Hobart's State Library;

o Osaka's Otemon University;

o Queensland Art Gallery; and

o London's Victoria and Albert Museums.

Triple Bottom Line Implications

COMMUNITY IMPACT

·    The addition of the work to Councils collection is important to keep a noted artwork with intrinsic local importance in public ownership. The Baw Baw Shire Collection acts as a custodian of the cultural assets relevant to the Baw Baw Shire.

·    Painted in1956 the work is also an important historical marker recording the development of Warragul as a centre for business and activity in Baw Baw Shire.  

ENVIRONMENTAL IMPACT

·    None

FINANCIAL IMPACT

·    The purchase price of the work is $8000. This can be met from allocated budgets.

·    There are no recurrent costs to note.

Consultation

·    Community representatives on the Baw Baw Shire Arts and Cultural Advisory Committee (ACAC) have considered the purchase of the work and at their meeting 27 June and recommend its acquisition.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

The acquisition of this artwork assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

Objective 1: Vibrant Communities

1.3  A vibrant, healthy and inclusive community.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This proposal to acquire this work has been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

·        Baw Baw Shire will own the work outright.

POLICY IMPACTS

·        This acquisition complies with Council’s art acquisition policy and Public Art Policy.

CONFLICT OF INTEREST DECLARATION

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


  Council

Meeting Minutes - 26 July 2017

 

 

 

 

 



  Council

Meeting Minutes - 26 July 2017

 

11.    Thriving Economy

11.1    Consideration and Appointment of a new Member to the Business Advisory Board

Business Development Officer

Directorate:  Planning and Economic Development

 

Ward:         

 

Appendix:    

       

 

purpose

For Council to discuss and consider the appointment of a new member to the Baw Baw Business Advisory Board (BAB) for a term of one year.

REcommendation

That Council supports the appointment of Mr Rod Dunlop to the Baw Baw Business Advisory Board, consistent with the Terms of Reference, to provide advice on the youth and education sectors in the municipality.  

 

COUNCIL MOTION

 

Moved:              Cr P Kostos

Seconded:        Cr M Power

 

CARRIED

Key POINTS/Issues

·    The BAB Terms of Reference sets out the membership for the Board but also provides for additional members to be co-opted by the Board or Council to provide advice on particular issues or projects.

·    The BAB has considered Rod Dunlop as an additional representative to be co-opted by the Board to provide advice on the the youth employment and training opportunities within the Shire.

·    Rod Dunlop is a representative of the West Gippsland Trade Training Alliance, which is a partnership of all of Baw Baw Shire’s secondary schools and includes Warragul Regional College, Drouin Secondary College, Trafalgar High School, Neerim District Secondary College, Marist Sion College, St Paul’s Anglican Grammar School, Chairo Christian School, Warragul and District Special School and ECG College.

·    If successful, Rod will join the BAB for its September 2017 meeting.

Triple Bottom Line Implications

COMMUNITY IMPACT

·    Co-opting Rod Dunlop on to the Baw Baw Business Advisory Board will give an insight into the youth demographic of the workforce in Baw Baw Shire and will shed light on the challenges and opportunities of the education sector in relation to economic development within the Shire.    

ENVIRONMENTAL IMPACT

·    There are no environmental impacts

FINANCIAL IMPACT

·    There are no financial impacts

Consultation

·    The Business Advisory Board resolved in its meeting on Monday 5 June, 2017, to co-opt Rod Dunlop to the Board.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This consideration and appointment of a new member to the Baw Baw Business Advisory Board assists with the achievement of the key strategic objective as set out in the Council Plan 2013-2017:

Strategic Objective 2 - Thriving Economy

2.1.1   Support business investment and diversification of the Baw Baw Economy.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This consideration and appointment of a new member to the Baw Baw Business Advisory Board will be considered under the Charter of Human Rights and Responsibilities. Amendments will be recommended to ensure compatibility if required

LEGAL

·        There are no legislative impacts as a result of this report.

POLICY IMPACTS

·        There are no policy impacts as a result of this report.

CONFLICT OF INTEREST DECLARATION

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

 

 

 

 

 

 


  Council

Meeting Minutes - 26 July 2017

 

12.    Safe and Sustainable Environments

12.1    Response to Notice of Motion in relation to Mowing and Slashing Contractor List for Residents - Summer Season

Coordinator Fire and Emergency Management

Directorate:  Planning and Economic Development

 

Ward:         

 

Appendix:     1 attachment

       

 

purpose

To provide Councillors with an overview of the 2016/17 Fire Hazard Inspection Program and to respond to a Notice of Motion passed at the 8 February 2017 Ordinary Council Meeting which required officers to prepare a report on the inclusion of contractor information with Council statutory notices including Fire Hazard Notices.

REcommendation

That Council:

 

A.  Note the 2016/17 Fire Hazard Inspection Program overview;

B.  Support the inclusion of Contractor information, where there is more than one (1) company, to be attached to Fire Prevention Notices subject to the inclusion of all recommended disclaimers;

C.  Place a public notice in the Warragul and Drouin Gazette, the Latrobe Valley Express, and on the Baw Baw Shire Website. The public notice will seek Expressions of Interest from private contractors who would like to be included in a contractor list that will be attached to Fire Prevention Notices; and

D.  Develop a contractor list where there is greater than one (1) expression of interest received and include it will all Fire Prevention Notices issued to owners/occupiers of land.

 

COUNCIL MOTION

 

Moved:              Cr D Goss

Seconded:        Cr K Cook

 

CARRIED

Key POINTS/Issues

·    Council is legally required to issue Fire Prevention Notices under Section 41 of the Country Fire Authority Act 1958.

·    The 2016/17 Fire Hazard Inspection Program has recently been completed. The program involves:

o Correspondence being sent to between 1,000 and 1,500 vacant landowners, as determined by the rates database;

o An initial round of property inspections to determine where fire prevention measures are required;

o The issuance of fire prevention notices to property owners whose property reflects a fire risk, with directions to undertake specific works by a due date;

o A follow up round of property inspections to determine whether compliance has been achieved and fire risk has been mitigated;

o In cases of non-compliance, a contractor being engaged to undertake the works specified on the fire prevention notice, with the account for this work being forwarded to the property owner for payment;

o The issuance of infringements to non-compliant property owners, with the penalty amount being determined annually by the Victorian State Government; and

o An independent officer conducting internal infringement reviews that are received from people who have been infringed.

·    This process takes approximately six months to complete.

·    The 2016/17 Fire Hazard Inspection Program resulted in:

o 1,112 fire prevention notices being issued;

o Of these, 942 fire prevention notices were complied with by the due date (93%, relatively consistent with previous years) and 70 infringements were issued.

·    An overview of the 2016/17 program is attached at Attachment A.

·    In summer season 15/16 a contractor list was attached to the Fire Prevention Notices that were issued to owners/occupiers of land.  There were a number of local contractors on the list.

·    The list was compiled by the Assistant Municipal Fire Prevention Officer and was developed through their experience from working with contractors.

·    The use of a contractor list with Fire Prevention Notices was identified as an issue at the Municipal Fire Prevention Officer forum at Traralgon in 2016.  As a result, it was determined not include a contractor list due to the risk to Council when recommending contractors to landowners and the lack of transparency of the selection process.

·    Advice was sought regarding the appropriateness of circulating contractor information with the Fire Prevention Notice. It was advised that while there is no prohibition to the provision of the information, Council is exposed to certain risks if due process and relevant disclaimers are not included on any document provided.

·    It has therefore been advised that should a list be provide that a legal statement should be included specifically indicate that the list is not endorsed or recommended by Council.

·    If the list is to be compiled it is recommended that to provide equity and transparency an advert will be placed in the local paper seeking Expressions of Interest. Those businesses to express interest will have their company details provided on a contractor list, where there is more than one expression of interest.

 

Triple Bottom Line Implications

COMMUNITY IMPACT

A contractor list would be beneficial for owners/occupiers who receive a Fire Prevention Notice and are required to engage a contractor.  This would specifically support the residents who have limited internet access, live outside the area or who prefer a paper list.

ENVIRONMENTAL IMPACT

Nil

FINANCIAL IMPACT

A Public Notice in the Warragul and Drouin Gazette and Latrobe Valley Express would be an annual cost as part of the Fire Hazard Inspection Program.

Consultation

Nil

Legal/Council Plan/Policy Impact

COUNCIL PLAN

The Fire Prevention - Mowing and Slashing Contractor List for Residents assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

Strategic Objective 3 - Safe and Sustainable Environments

3.4       Preparing for the impacts and consequences of climate change and extreme events; and

3.4.2   Help the community and council to be better placed to adapt to and build resilience to climate change and other extreme events.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This Fire Hazard Inspection Program has been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

·        Council is legally required to issue Fire Prevention Notices under Section 41 of the Country Fire Authority Act 1958.

·        Legal advice from Kate Oliver at Maddocks was received in May 2017.  The advice indicated that as long as Council included a statement to identify that the contractors were not recommended and that the list was not exhaustive, then it would be legally acceptable.

POLICY IMPACTS

Nil

CONFLICT OF INTEREST DECLARATION

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


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator

 

 


  Council

Meeting Minutes - 26 July 2017

 

13.    Organisational Excellence

13.1    Appointment of Audit Committee Independent Members

Governance Advisor

Directorate:  Corporate and Community Services

 

Ward:          ALL

 

Appendix:     1 attachment

CR POWER  DECLARED A CONFLICT OF INTEREST AND LEFT THE CHAMBER AT 7.15PM.                     

 

purpose

For Council to consider the appointment of the proposed two Independent Audit Committee members to the Baw Baw Shire Council Audit Committee as per requirements under The Local Government Act 1989  and the Baw Baw Shire Council Audit Committee Charter.

REcommendation

That Council:

1.  Appoints two Independent Committee Members, Ms Theresa Glab and Mr David Ashmore to the Baw Baw Shire Audit Committee as Independent Committee members;

2. Approve that both members are recruited to a three year tenure with the option of a second three year tenure based on performance, and receive a sitting fee of $1,100 per meeting, unless appointed to the position of Chair which will increase to $1,300 per meeting;

3. Amend the Audit Committee Charter to allow for the provision of more than three (3) independent committee members to make up the composition of the Audit Committee membership; and

4. Notify successful applicants as soon as practicable of this appointment.

 

COUNCIL MOTION

 

Moved:              Cr D Goss

Seconded:        Cr P Kostos

 

CARRIED

cr power returned to the chamber at 7.19pm.

 

Key POINTS/Issues

·    The Baw Baw Shire Council Audit Committee is a formally appointed independent Advisory Committee for the purposes of the Local Government Act 1989.

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

·    The Committee does not have executive powers nor does it have any delegated financial responsibility. The Committee does not have any management functions and is therefore independent of management.

·    The Committee meet 4-5 times a year and in the main review significant accounting and reporting issues, review management and external audits and monitor Council’s strategic risks.

·    Currently the Committee work to an agreed plan, and have three independent committee members all with three year tenure, with the option for Council to extend tenures for an additional three years based on performance. Post the consecutive two tenures (6 years in total) the Council must advertise the vacancy for the position and recruit accordingly.

·    Due to the expiry of one of the Audit Committee Independent Committee Members tenure, Council undertook a recruitment campaign, detailed below:

·    The vacancy for the independent audit committee position was advertised via the following mediums: Public Notice in the Warragul & Drouin Gazette, The Age, and on the website of the Australian Institute of Company Directors.

·    The recruitment campaign was open for a total of 6 weeks and a total of 18 formal applications were received.

·    Councillors Danny Goss and Joe Gauci, along with members of the Executive Leadership Team reviewed each application and short listed for interview three applicants.

·    Interviews were held on Thursday 6 July, and Thursday 13 July.

·    The recruitment panel consisted of Cr Gauci, Cr Goss and Malcolm Lewis, Acting Director Corporate and Community Services.

·    The Audit Committee recruitment panel recommend to Council the appointment of two members being Ms Theresa Glab and Mr David Ashmore. 

·    As this appointment will result in a total of four independent members, it is proposed to amend the Audit Committee Charter to allow for the provision of more than three independent audit committee members.

 

Triple Bottom Line Implications

COMMUNITY IMPACT

There is no community implication in relation to the appointment of an independent committee member to Baw Baw Shire Council’s Audit Committee.

ENVIRONMENTAL IMPACT

There is no environmental implication in relation to the appointment of an independent committee member to Baw Baw Shire Council’s Audit Committee

FINANCIAL IMPACT

·        There are no major implications to Council’s adopted 2017/2018 Budget as a set  allowance had already provisioned and accounted for to ensure payment is made for up to three (3) independent committee member. With the vacancy of one of the three (3) members, the cost to Council remains as forecast and set in the Annual Budget 2017/2018. The additional member recruitment will incur a cost to Councils budget of (based on 4 meetings per year) $4,400.

·        The operating budget will accommodate for either $1,300 per meeting for the position of Chair or $1,100 for the position of Independent Committee member paid to the incumbent.

Consultation

No consultation was required with the community on the appointment of the independent audit committee member.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This appointment of member to the Baw Baw Shire Council Audit Committee assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

Strategic Objective 4. Organisational Excellence

4.3 Providing community benefit by effectively managing council’s resources and finances

4.3.1 Sustainability manage Councils financial position.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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

LEGAL

The appointment of the Audit Committee Independent Committee Member complies with requirements within The Local Government Act 1989.

POLICY IMPACTS

The appointment of two Audit Committee Independent Committee Members needs to be reflected in the the BBSC Audit Committee Charter hence the suggestion to have this concurrently amended to include provisions to allow for more than 3 independent members.

The recruitment of the members aligns and is supported by the Councillor & Audit Committee Allowances and Expenses Policy.

CONFLICT OF INTEREST DECLARATION

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


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator

 

 


  Council

Meeting Minutes - 26 July 2017

 

14.    Notices of Motion

Nil Reports

 

 

 

 


15.    Committee and Delegates Reports

15.1    FUTURE OF LOCAL GOVERNMENT SUMMIT

Cr O’Donnell provided an update on the MAV Future of Local Government Summit that she attended on Thursday 25 May and Friday 26 May 2017.  

 

15.2    2017 AGRIBUSINESS GIPPSLAND CONFERENCE

Cr Power provided an update on the 2017 Agribusiness Gippsland Conference  that she attended on Wednesday 26 July 2017.


  Council

Meeting Minutes - 26 July 2017

 

16.    Assembly of Councillors

16.1    Assembly of Councillors Report

Governance Advisor

Directorate:  Corporate and Community Services

 

Ward:          All

 

Appendix:     2 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 7 July 2017– Friday 21 July.

AMMENDED REcommendation

That Council receives and notes the Assembly of Councillors records tabled for the period from Friday 7 July 2017– Friday 21 July, with an amendment to state that on the 19 July 2017 Confidential Briefing Councillor Power left the room between 2 and 3pm.

 

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.


  Council

Meeting Minutes - 26 July 2017

 

 

 

 

                            

 

 


  Council

Meeting Minutes - 26 July 2017

 

PDF Creator

 

 

 

 

17.    Mayoral Minute

Cr Gauci utilised his Mayoral Minute to inform the Community that the Warragul Snow Fest is scheduled to take place on Friday 28 July 2017 from 4.30pm until 8.00pm.

 

Cr Gauci also highlighted that two Councillors and a Baw Baw Shire Staff Member had volunteered for the Dunking Machine. He encouraged members of the community to attend the event.

18.    General Business

 

18.1  Request for Officer Report on Car Parking in the Warragul Central Business District 

That Council instruct Council officers to prepare a report on the parking in the Warragul Central Business District which includes:

 

  • Details of total number of current car parks;
  • Status of the car parks located behind the shops that front on to major car parks such as Woolworths;
  • Details of what parking compliance is being done in Warragul and where;
  • Details of any compliance partnerships with third parties such as Woolworths and Coles;
  • Details on whether the Palmerston St Laneway to Woolworths Car Park can be made pedestrian only in shopping hours e.g. temporary bollards and;
  • Details of whether any park and ride sites are available close to the CBD

 

COUNCIL MOTION

 

Moved:              Cr D Goss

Seconded:        Cr M Power

 

CARRIED

   

 

 

 

 

 

 

 

18.2 Condolence Motion

That Council express their sincere sympathy to the Paynter Family on the sudden passing of Mr Graham Paynter, and write a letter to Joy, Ron and Kathy Paynter expressing Council’s condolence.

COUNCIL MOTION

 

Moved:              Cr P Kostos

Seconded:        Cr M Power

 

CARRIED

 

Meeting closed at 7.35pm

 

Confirmed at this meeting 9 August 2017

 

 

Cr J Gauci

Mayor