Minutes

 

 

 

                                                       Council

 

 

 

                                            9 August 2017

 

 

 

 

 

 

 

 

 

 

 

                                                                                                  www.bawbawshire.vic.gov.au

 


  Council

Meeting Minutes - 9 August 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. 6

8.        Community Participation Time. 6

8.1     Questions on Notice. 6

Received from Don McLean.. 6

8.2     Submissions. 8

9.        Petitions. 9

10.     Vibrant Communities. 10

10.1  Warragul CBD Streetscape Works - Outcome of Community Consultation   10

10.2  PLANNING PERMIT APPLICATION PLA0300/16 FOR THE USE AND DEVELOPMENT OF A SINGLE DWELLING AND DEVELOPMENT OF AN AGRICULTURAL BUILDING AT RYANS ROAD, BULN BULN (LOT 2 LP 128259) 15

10.3  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) 30

11.     Thriving Economy. 56

11.1  Visit Baw Baw Peer Review.. 56

12.     Safe and Sustainable Environments. 77

12.1  Draft Baw Baw SHire Council Road Safety Strategy 2017-2022. 77

13.     Organisational Excellence. 156

13.1  CEO Delegation.. 156

13.2  Live Streaming of Council Meetings. 162

14.     Notices of Motion.. 174

15.     Committee and Delegates Reports. 174

16.     Assembly of Councillors. 175

16.1  Assembly of Councillors Report 175

17.     Mayoral Minute. 182

Cr Gauci utilised his Mayoral Minute to thank Mr Phil Cantillon for his tenure as the interim Chief Executive Officer since February 2017. Cr Gauci highlighted Mr Cantillon’s proactive and future-focused leadership and his willingness to work collaboratively with Council. 182

Cr Gauci also extended his thanks to the Directors, Managers and other staff who have assumed acting positions and  assisted in guiding the organisation through the change during this time. 182

Lastly, Cr Gauci expressed his gratitude that whilst the newly appointed CEO, Alison Leighton, will have commenced with Council at the next meeting, the staff who have assumed acting roles would remain with the organisation and continue to deliver exceptional outcomes for the local community. 182

18.     General Business. 182


  Council

Meeting Minutes - 9 August 2017

 

   Baw Baw Shire Council

Council Meeting

9 August 2017

Minutes

 

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

Trafalgar Council Chambers, commencing at 5.30pm on 9 August 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

Cr Gauci presented to Councillors a gift received from the Civic Ceremony at Aoki Junior High School, which is a sister city School to Marist Sion Junior College. 

 

The Mayor met with 15 Japanese students and two teachers from Aoki Junior high School at Marist Sion Junior College on Monday 7 August.

 

5.      Confirmation of Previous Meeting Minutes

 

COUNCIL MOTION

 

Moved:              Cr D Goss

Seconded:        Cr T Jones

 

 

That the minutes of the Ordinary Council Meeting held on 26 July 2017 be confirmed.

 

 

CARRIED

  

6.      Councillors Declarations of Interest/Conflict of Interest

Cr Jones declared a conflict of interest at item 10.1 and left the chamber when this item was discussed.     

 

Cr Power declared a conflict of interest at item 10.3 and left the chamber when this item was discussed.

 

Cr Leaney declared a conflict of interest at item 11.1and left the chamber when this item was discussed.

 

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

  There was no Confidential Council Meeting on Wednesday 9 August 2017 and therefore there was no information to be released to the public.

 

8.      Community Participation Time

8.1       Questions on Notice

Received from Don McLean

1. Councils meeting procedure local law schedules a review for 1 July 2017 – where is it at and what is to be the community consultation?

The Meeting Procedure Local Law Review commenced in July 2017. Draft changes made have been prepared including an explanatory report that was presented to Councillors in a Confidential Councillor Briefing on Wednesday 19 July 2017. The Draft has also been reviewed by local government lawyers to ensure it is compliant and meets statutory obligations under The Local Government Act 1989.

It is currently being prepared for a final review for Councillors before public exhibition, for Wednesday 16 August Confidential Councillor Briefing, and scheduled to be presented to Council on Wednesday 23 August 2017 which will propose that Council invite public submissions under section 223 of The Local Government Act 1989 via a public exhibition process. The public will have the ability to review the draft and insert submissions accordingly which will open for a period of 28 days, which will invite both written and verbal submissions for Councils consideration. 

To comply with requirements under The Local Government Act 1989 Council will give notice in the Government Gazette and a public notice stating the purpose and general purport of the proposed local law and ensure copies are available for public inspection at Council offices.

Council will be presented with the final Meeting Procedure Local Law 2017 after public exhibition closes.

Concurrently, Council’s Community Participation Time Policy will be amended to incorporate any major material changes that impact the publics community participation in Council Meetings.

2. When the Mayor is speaking to an agenda item why does he not take a position on floor of chamber to enter the debate and the Deputy Mayor take the place of the Mayor to ensure the meeting is properly chaired in accordance with the Meeting Procedure local law?

The Mayor’s function at Council Meetings is to Chair and facilitate order and good governance practices throughout.

The Mayor, as an elected Councillor, has the right to vote on all decisions each and every other Councillor is entitled to vote on. On occasion, the Mayor may stand to speak to an agenda item either for or against to assists in the facilitation of Councils debate. In line with Councils current Meeting Procedure Local Law, The Mayor does not need to suspend standing orders to deputise the role of the chairperson to the Deputy Mayor or another Councillor and then resume standing orders in order to speak for or against an officer recommendation. The Mayor can stand and speak whilst remaining in the positon as chairperson.

To be specific, Clause 39. 8 of the current Meeting Procedure Local Law states that “The Chairperson may speak on any matter under discussion” with no reference or provision to remove themselves as chairperson.

3. When it is it expected rate notices will be issued and what will be the arrangements this year for those who have elected to receive notices electronically not to have to contact Customer Services to have Hard Waste Vouchers posted out?

Rates notices are due to be posted on the 14th of August (next Monday).  As we are no longer issuing Hard Waste vouchers there will be no requirement for ratepayers to follow them up.

4. Is it appropriate to have a sculpture in place in the Queen Street Park that promotes boxing without a sign warning that boxing causes brain damage and a sport in conflict with Councils stand on domestic violence and the one punch can kill campaign?

Council are proud advocates of anti-domestic violence, violence against women and general anti- violence campaigns and promote positive messages about healthy relationships both operationally and strategically through focused initiatives. Council will not be compromised in maintaining this position and focus.

The statue in question, erected in Queen Street, Mus Park Warragul is of Lionel Rose, which commemorates a former bantamweight boxing champion.

Lionel Rose was a former bantamweight world boxing champion born at Jacksons Track near Warragul and fought many of his early fights in Gippsland. He was the first Aboriginal Australian to win a world boxing title

His father was an amateur boxer and introduced Lionel to the sport when he was fourteen years old. Rose won his first major fight at Melbourne’s Festival Hall in 1963 the day after his father died; by the end of the year he had claimed Australia’s national amateur flyweight title.

Lionel Rose turned professional in 1964 under legendary Australian trainer Jack Rennie. After a string of successful bouts he won the Australian bantamweight title in October 1966. He made history in Tokyo on 26 February 1968 when he defeated Japan’s Masahiko Harada for the World Bantamweight Title.

Council are proud of all local heroes’ and believe that sport and recreation success should be promoted and recognised in our Shire.

Council do not consider it appropriate to have signage next to any sculpture in the Shire warning potential injuries and causes of illness sport and recreation can have on individuals.

5. Will the Council be offering for sale the business name “Utopia” in an attempt to recover some of the goodwill paid as part of the purchase price for the now defunct pet lodge?

No consideration has been given to this matter as yet.

8.2       Submissions

The following persons spoke on an item on the agenda.

     

Submitter Name     

Agenda Item                       

Councillor declaration of conflict of interest

Danii Finlayson

10.2

Cr Power declared a conflict of interest and left the Chamber at 5.40pm. Cr Wallace called a Point of Order and Cr Power returned to the Chamber at 5.42pm.

Joy Quigley

Rochelle Quigley

Kylie Jolley and Joey Whitehead (Planning Consultant)

10.3

Cr Power declared a conflict of interest and left the Chamber at 6.07pm and returned to the chamber at 6.14pm after the submissions for the item finished.

Warren Turner

10.1

Cr Jones declared a conflict of interest and left the Chamber at 6.14pm and remained outside of the Chamber as Item 10.1 was the next item on the Agenda.


  Council

Meeting Minutes - 9 August 2017

 

9.      Petitions

Nil Reports

 

 

 

 


  Council

Meeting Minutes - 9 August 2017

 

10.    Vibrant Communities

10.1    Warragul CBD Streetscape Works - Outcome of Community Consultation

Project Engineer

Directorate:  Community Assets

 

Ward:          Central

 

Appendix:    

       

CR JONES  REMAINED OUTSIDE OF THE CHAMBER FROM THE SUBMISSION ON ITEM 10.1.

 

purpose

 

To provide Council with an update on the outcome of community consultation related to Warragul CBD streetscape works including the proposed one-way traffic arrangement along Palmerston Street and Smith Street in Warragul.

 

REcommendation

That Council:

1.   Note the outcome of consultation on Warragul CBD Streetscape project;

2.   Note the progress to date and timings in relation to the development of a multi-deck car park;

3.   Authorise Council officers to finalise the designs for Palmerston Street streetscape works between Victoria Street and Smith Street; and for Smith Street between Palmerston Street and Victoria Street, featuring the one way arrangement; and

4.   Authorise Council officers to proceed with the tendering for construction of Palmerston Street Streetscape works in the 2017/18 financial year once design works are finalised.

 

COUNCIL MOTION

 

Moved:              Cr D Goss

Seconded:        Cr M Power

 

Cr Power called for a division

 

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

Against:        Nil

 

CARRIED

Cr JONES returned to the chamber at 6.33pm.

 

 

 

 

Key POINTS/Issues

·    Baw Baw Shire Council is currently working on the design and delivery for the the Warragul CBD streetscape improvement works. These works are intended to reinvigorate the ‘Retail Heart’ of Warragul as intended by the Warragul Town Centre and Station Precinct Masterplans.

·    These improvements are valued at over $4 million and cover an area bounded by:

Ø Smith Street between Albert and Queen Streets

Ø Palmerston Street between Victoria and Smith Streets

Ø Queen Street between Smith and Gladstone Streets

·    The following works are currently scheduled to occur in Financial Year 2017/18.

Ø Palmerston Street streetscape works between Victoria Street and Smith Street;

Ø Roundabouts at Mason Street/Palmerston Street and Mason Street and Albert Street intersections;

Ø Mason Street widening including a small roundabout at Williams Street and Mason Street intersection; and

Ø Traffic Signals at Napier Street and Queen Street intersection.

·    The current proposals for the Warragul Streetscape Works include reconfiguration of vehicular movement to one-way east bound along Palmerston Street between Victoria Street and Smith Street and one-way southbound along Smith Street between Palmerston Street and Victoria Street.

·    A meeting was held with business operators in Warragul CBD area on 27 June 2017 at Frankies Café in Warragul. The following key concerns were raised by several Warragul CBD business operators/owners.

Ø The proposed one-way vehicular movement along Smith Street and Palmerston Street would discourage shoppers to come to Warragul CBD for shopping i.e. loss of retail business;

Ø The lack of parking within Warragul CBD continues to be a major concern for the businesses;

Ø Implementation of one-way traffic would make more challenging the task to find a parking spot;

Ø The implementation of Warragul CBD Streetscape works should only occur once the lack of a multi-deck car park is addressed;

Ø Concerns with delay in provision of multi-deck car park and its ongoing impact on businesses within the Warragul CBD; and

Ø Need for wider footpaths on north side of Palmerston Street.

·    Council will have completed by December 2017 a prospectus for the three selected sites (William Square, Barkly Street and Mason Street) demonstrating potential options for development of a multi-deck car park at each site.

·    Community consultation including key stakeholders and potential developers will occur in early 2018, after which a report will be taken to Council for a decision on the preferred site and funding model by May 2018. 

·    The prospectus will be used to encourage both private sector interest and advocate for funding of the project.

·    It was suggested that Council undertake a trial for one-way traffic along Palmerston Street before implementing the permanent changes. However, implementing the trial would require significant temporary changes to the existing road infrastructure which is not only costly but also is unlikely to achieve desired pedestrian safety outcomes without provision of wider footpaths and outside dining areas.

·    Separately, the owner of the Bonlac site also objected the proposed one way traffic changes.

Ø A key concern was that the Warragul Town Centre Masterplan does not account for a large shopping centre development between Mason and Gladstone Streets; and

Ø The Warragul Town Centre Masterplan does not offer any strategy to address how the imminent Bonlac site development will influence the overall traffic and parking arrangements within the Warragul CBD area.

Ø There is no evidence to substantiate that the streetscape works will affect any future development on the Bonlac site.

·    There is no loss of on street parking along Palmerston Street and Smith Street as a result of the proposed streetscape works. On the contrary, the proposed works on Palmerston Street and Smith Street are likely to provide up to five additional on-street car parking spaces.

·    The design works for the Palmerston Street Streetscape works are currently underway and need to be finalised by end September 2017 for subsequent tendering and delivery of the proposed works in the January - April 2018 period.

·    If it was decided to delay the works this would affect the proposed streetscape works along Smith Street between Palmerston Street and Victoria Street including the one-way treatment.

Triple Bottom Line Implications

COMMUNITY IMPACT

·    The wider community will benefit from improved usability, pedestrian safety, amenity and attractiveness of the Warragul CBD Precinct, as a means of encouraging more people to visit, occupy and enjoy the public areas of Warragul CBD, thereby increasing the economic returns.

·    The proposed changes in the traffic flow may seem a bit restrictive and confusing for drivers initially.

ENVIRONMENTAL IMPACT

·    The proposed landscaping will have a positive impact on the environment.

·    It is proposed to retain and protect the existing heritage-listed Elm tree on the south side of Palmerston Street and incorporate new landscaping treatments to emphasise its importance.

·    New, tall clear-trunked street trees will be planted in the widened footpaths in Smith Street to provide a strong vegetated avenue and reinforce the idea of the “green spine” along Smith Street. These works will incorporate environmentally sensitive design treatments to improve the amenity of the link and increase Town Centre sustainability.

FINANCIAL IMPACT

·    The following budget provisions are available in the 2017/18 financial Year Capital Works program to complete proposed works.

Ø Palmerston Street streetscape works between Victoria Street and Smith Street ($1.38 million);

Ø Roundabouts at Mason Street/Palmerston Street and Mason Street and Albert Street intersections ($689,000 carryover);

Ø Mason Street widening including a small roundabout at Williams Street and Mason Street intersection ($250,000); and

Ø Traffic Signals at Napier Street and Queen Street intersection ($400,000).

 

Consultation

·    Council formed a Project Reference Group (PRG) in November 2015 to assist the development and delivery of the Warragul CBD Streetscape Project. The PRG comprises representatives of various community groups, key stakeholders, emergency services along with VicRoads.

·    Have your Say community consultation to date.

Ø December 2015 - Feedback on the original masterplan concepts

Ø May 2016 -  Stage 1 works – Feedback on Smith Street between Albert and Palmerston Streets

Ø December 2016 – Feedback on roundabouts and information on Smith Street works

Ø July 2017 – Meeting with Warragul CBD businesses in partnership with Warragul Business Group

·    Council officers continue to engage with wider community and Warragul Business group in developing and progressing further stages of Warragul Streetscape works.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

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

·    Objective: Vibrant Communities

·    Strategies:

Ø Develop a coordinated approach to community hubs and precincts in the municipality

Ø Warragul and Drouin CBD improvement works.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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

LEGAL

Legal risks associated with this project are being considered as a part of project development and delivery.

POLICY IMPACTS

Warragul Town Centre Urban Design Framework (May 2010), Station Precinct Master Plan (April 2010), Town Centre Master Plan (May 2011)

CONFLICT OF INTEREST DECLARATION

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

 

 

 


  Council

Meeting Minutes - 9 August 2017

 

10.2    PLANNING PERMIT APPLICATION PLA0300/16 FOR THE USE AND DEVELOPMENT OF A SINGLE DWELLING AND DEVELOPMENT OF AN AGRICULTURAL BUILDING AT RYANS ROAD, BULN BULN (LOT 2 LP 128259)

Coordinator Statutory Planning  

Directorate:  Planning and Economic Development

 

Ward:          East

 

Appendix:     4 attachments

       

 

purpose

Cr Goss and Cr Leaney have requested Planning Permit Application PLA0300/16 for the use and development of a single dwelling and development of an agricultural building at Ryans Road, Buln Buln (Lot 2 LP 128259) be brought to Council for a decision.

REcommendation

That Council refuse Planning Permit Application PLA0300/16 for the use and development of a single dwelling and development of an agricultural building at Ryans Road, Buln Buln (Lot 2 LP 128259).

 

 

ALTERNATE RECOMMENDATION

That Council approve Planning Permit Application PLA0300/16 and issue a Notice of Decision which would be subject to following conditions (or similar);

 

DEVELOPMENT CONDITIONS

  1. The use and development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

 

  1. Once building works have commenced, they must be completed to the satisfaction of the Responsible Authority.

 

  1. Upon completion of the dwelling and shed, the site must be cleared of all excess and unused building materials and debris to the satisfaction of the Responsible Authority.

 

  1. All buildings and works must be maintained in good order and appearance to the satisfaction of the Responsible Authority.

 

  1. Prior to the issue of a building permit for the development, a Development Contributions Plan levy must be paid to the Responsible Authority in accordance with the schedule to the Development Contributions Plan Overlay in the Baw Baw Planning Scheme.

 

 

SECTION 173 AGREEMENT CONDITION

  1. Prior to any permitted use or development commencing, 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 prior to the commencement of any use, buildings or works authorised by this permit.

 

The Agreement shall include the following details:

a)    The lot cannot be subdivided to create an additional lot.

b)    The lot shall not be used for any further dwelling.

c)    The dwelling on the land must be occupied by the person(s) operating and managing the agricultural enterprise being conducted on the land.

d)    The agricultural enterprise conducted on the land must be in accordance with the endorsed farm business plan.

e)    In the event that the agricultural enterprise on the land as described in the endorsed farm business plan ceases, the dwelling must continue to be utilised in association with a bona fide agricultural land use that requires a dwelling on the land to the satisfaction of the Responsible Authority. In this case, a revised farm business plan must be submitted to and approved in writing by the Responsible Authority.

 

ENVIRONMENTAL HEALTH CONDITIONS

  1. Prior to their occupation, the building or buildings allowed by this permit must be connected to a sewerage disposal system as approved by the Responsible Authority.

 

  1. Prior to the commencement of construction of the dwelling or shed, plans of a suitable effluent disposal system and its location on the land must be approved in writing by the Responsible Authority.

 

  1. Sewage, sullage and other liquid wastes to arise from the development shall be treated and retained on site by a septic tank system in accordance with the requirements of the Environment Protection Act 1970, the Guidelines for Environmental Management: Code of Practice – Onsite Wastewater Management 891.4 (2016) and the Responsible Authority.

 

  1. Animal wastes on the property must be treated or dispersed in such a manner to ensure that:

a)  Offensive odours are reduced to a minimum; and

b)  The wastes are not a nuisance as described in the Public Health and Well Being Act 2008 and are contained within the boundaries of the site to the satisfaction of the Responsible Authority.

 

  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. 4 (2016).

 

 

EROSION CONTROL CONDITIONS

  1. All excavation and/or stabilisation works required for the dwelling shall be to the satisfaction of the Responsible Authority.

 

  1. Care shall be taken to ensure that the construction of the dwelling, any ancillary works and their on-going use do not cause erosion or degradation of the subject or surrounding land to the satisfaction of the Responsible Authority.

 

  1. Any earthworks carried out on the site in association with the development permitted by this permit shall be stabilised and suitably battered to ensure no erosion or landslip to the satisfaction of the Responsible Authority.

 

EXPIRY OF PERMIT CONDITION:

13. This permit will expire if one of the following circumstances applies:-

a)    The development is not started within two (2) years of the date of this permit

b)    The development is not completed and the use started within four (4) years of the date of this permit. 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 if the development has not lawfully commenced prior to the expiry of the permit, or within 12 months afterwards if the development has lawfully commenced prior to the expiry of the permit.

 

COUNCIL MOTION

 

Moved:              Cr D Wallace

Seconded:        Cr D Goss

 

Cr Goss called for a division

 

For:                Councillors D Goss, P Kostos, M Leaney, J O'Donnell, M Power T Jones, and D Wallace

Against:        Councillors K Cook and J Gauci

 

CARRIED

Key POINTS/Issues

·   The application seeks to use and develop the land with a dwelling and develop an agricultural outbuilding.

·   A planning permit is required to use and develop land less than 40 hectares in area for a dwelling within the Farming Zone pursuant to Clauses 35.07-1 and 35.07-4 of the Baw Baw Planning Scheme (the Scheme).  A planning permit is also required to develop a building in the Farming Zone that is set back less than 20 metres from a road pursuant to Clause 35.07-4.

·   The subject land is 16.13 hectares. 

·   The site is currently used for grazing livestock.

·   The surrounding land is being used for a mixture of agricultural and rural residential uses.

·   The proposal will create an inappropriate rural residential use in the Farming Zone.

·   The proposal has not demonstrated that a dwelling is required for the proposed agricultural use of the site of horse agistment.

·   The submitted farm plan does not provide an analysis of the carrying capacity of the land and therefore has not established that a viable commercial farming enterprise can take place on the land.

·   The proposal will result in a proliferation of dwellings.

·   The proposal will result in the loss of productive agricultural land.

·   The proposal will adversely affect the operation and expansion of adjoining and nearby agricultural uses.

·   The proposal is likely to result in land-use conflicts.

·   The proposed use and development is not in accordance with the State and Local Planning Policy Frameworks including the Rural Zones Policy and the Farming Zone provisions.

Triple Bottom Line Implications

COMMUNITY IMPACT

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

ENVIRONMENTAL IMPACT

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

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 the applicant or objectors seek a determination at the Victorian Civil and Administrative Tribunal (VCAT).

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) and notice was given via the display of an A3 sign on site for a minimum of 14 days pursuant to Section 52(1) (d) of the Act. Two objections to the proposal were received.

 

The application was referred internally to Council’s Public Health Department and Infrastructure Planning and Growth Department who have provided consent for the proposal subject to permit conditions.

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

 

1.1 Managing Baw Baw’s growth and development

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 - 9 August 2017

 

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Meeting Minutes - 9 August 2017

 

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  Council

Meeting Minutes - 9 August 2017

 

10.3    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

       

CR POWER  DECLARED A CONFLICT OF INTEREST AND LEFT THE CHAMBER AT 6.51PM.                     

 

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).

 

AMMENDED RECOMMENDATION

 

1. 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).

 

2. That officers commence working with the operator and land owner to facilitate an extension of hours for the loading and removal of waste from site by trucks.

 

 

COUNCIL MOTION

 

Moved:              Cr T Jones

Seconded:        Cr P Kostos

CARRIED

Cr power returned to the chamber at 7.00pm.

 

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 Minutes - 9 August 2017

 

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  Council

Meeting Minutes - 9 August 2017

 

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  Council

Meeting Minutes - 9 August 2017

 

11.    Thriving Economy

11.1    Visit Baw Baw Peer Review

Business Development Officer

Directorate:  Planning and Economic Development

 

Ward:         

 

Appendix:     1 attachment

       

CR LEANEY DECLARED A CONFLICT OF INTEREST AND LEFT THE CHAMBER AT 7.01PM.                     

 

purpose

To present the findings of the Visit Baw Baw Peer Review to Councillors and for Councillors to consider the recommendations within the report. 

REcommendation

That Council:

1.   support the recommendations in the peer review with the following amendment:

a.   that the existing Tourism Development Plan is to be abandoned;

2.   requires the relevant actions from the Tourism Development Plan be incorporated into the new Economic Development Strategy when prepared in 2017/18.

3.         Abandons the Tourism Development Plan.

 

 

ALTERNATE REcommendation

That Council note the completion of the Peer Review and request the Baw Baw Business Advisory Board to provide comment and oversight on the proposed recommendations and for it to be bought back to the Council Meeting on 23 August 2017.

                       

COUNCIL MOTION

 

Moved:              Cr K Cook

Seconded:        Cr T Jones

 

CARRIED

cr leaney returned to the chamber at 7.05pm.

Key POINTS/Issues

·        At the Council Meeting on 22 February 2017 at the request of Cr Leaney, it was resolved that:

“Council request an external peer review of the Visit Baw Baw Campaign and the associated outcomes of the Campaign”.

·        The peer review was to focus on the Baw Baw Shire Council Destinational Branding Strategy and Implementation Plan that was adopted by Council at the 5 March 2014 Council Meeting. At that meeting Council resolved to:

1.      Adopts the Draft Baw Baw Shire Council Destinational Branding Strategy and Implementation Plan. Use the $43,000 in the current budget to commence the implementation plan;

2.      Financially contribute a portion of the costs for local tourism associations to redesign and print the Official Visitor Guides, incorporating new branding format and shire wide tourism maps and key tourism attractions; and

3.      Considers further funding as part of the 2014/15 budget process.

·        In considering to adopt the Baw Baw Shire Council Destinational Branding Strategy and Implementation Plan it was reported that “a clear priority for the municipality was the development of a unified identity and brand for the region”. Council engaged pulsepr to develop a Baw Baw Shire Destinational Branding Strategy.

·        Pursuant to the Council resolution of 22 February 2017, Council Officers prepared a project brief and sent out a request for quote (RFQ). Bill Fox and Associates were awarded the project to undertake the peer review of the Visit Baw Baw Campaign.

·        The final report (refer to Attachment 1) has considered the following elements:

Ø  Determine the success of the Visit Baw Baw marketing program in generating brand recognition and exposure.

Ø  Determine the success of the Visit Baw Baw marketing program in generating traffic to the Visit Baw Baw website and social channels.

Ø  Determine the success of the program with regard to the funding invested.

In addition to the above, the consultant suggested a variation to the scope, which would include the additional review of the following elements:

Ø  Alignment of products /experiences with the campaign roll-out

Ø  Product and experiences marketed

Ø  Industry capacity in the program delivery.”

·        The key findings of the review document focussed heavily on the suggested additions to the project scope. Notwithstanding this, the following key findings, as summarised, were made:

Ø  The Economic Development Strategy “is a very detailed document providing an accurate assessment of the regions’ economic positioning and potential.”

Ø  The Baw Baw Shire Tourism Development Plan 2015-18 is “a very incomplete document and fails to identify and address key strategic issues and opportunities for the region.”

Ø  The Destination Branding Strategy was considered to be “a more comprehensive document… however, the outcome provides the Shire with little more than a tag line and logo”

Ø  “Determining the success of the various marketing activities with regards to the funds expended is difficult to quantify as performance measures have not been adequately prescribed. Whilst some online activities are able to measure ‘visits’, there are no measures of actual conversion or measures of brand awareness…

If Council required a ‘Shire’ brand for business development for example, as against a ‘tourism’ or destination brand, then it could be argued that the branding exercise provided value for money spent.”

·        As a result of the report a number of key recommendations were made for Council to consider if they are to continue to pursue the branding and marketing of the Shire:

Ø  A better alignment of the Baw Baw Shire marketing program with Destination Gippsland;

Ø  A need to focus on the key market offering rather than a municipal wide approach, with a focus on Walhalla, Noojee, and Yarragon;

Ø  A review and update of the Visit Baw Baw Website;

Ø  The preparation of a new Tourism Development Plan;

Ø  Development of Destination Action Plans (DAPs) for Noojee & surrounds, Walhalla and Yarragon.

·        The external peer review has made comment on the quality of the Visit Baw Baw Webpage and Social Media Channels but has not commented on the level of traffic that the sites generate. It is noted that comparisons could have been made with other websites to assess the levels of traffic and to understand the analytics associated with the pages.

·        The external peer review was undertaken to assess the Visit Baw Baw Campaign and the associated outcomes of the Campaign. The report has indicated that the outcomes achieved could be seen to represents good value for money given it was Council’s original intent to develop a Shire wide brand.

·        Notwithstanding the above, the report has made numerous comments about the Council’s branding and marketing strategy based on it being tourism related marketing strategy. Based on this approach the various recommendations are thought to be well considered and could represent an opportunity for Council to refocus its branding approach.

·        It is considered that the development of a new Economic Development Strategy, which is likely to include an element focussed on the Visitor Economy, will forego the need for a new Tourism Development Plan as has been recommended in the review. It is noted that the current plan should be abandoned based on the peer review commentary.

·        The Economic Development Strategy supported with the proposed Marketing Plan (a Council Plan initiative for 2017/18), the Destination Branding Strategy, and Destination Action Plans (should they be funded) would provide a solid and robust foundation for the tourism industry in Baw Baw.

Triple Bottom Line Implications

COMMUNITY IMPACT

This project makes recommendations which may have flow on impacts both directly and indirectly to the business and tourism community in Baw Baw Shire.

ENVIRONMENTAL IMPACT

There are no environmental impacts associated with this project.

FINANCIAL IMPACT

This project cost Council $10,000 for the consultant fees and if recommendations are implemented there will be on going costs to Council which will need to be determined.

Consultation

The Community engagement framework was not used for the purpose of this project however engagement with industry stakeholders was conducted as part of this project.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This Visit Baw Baw Peer Review project assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

Objective:       Thriving Economy

Strategy:        Develop a Destination Tourism Campaign.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This Visit Baw Baw Peer Review 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 issues associated with this report.

POLICY IMPACTS

There are no policy impacts associated with this report

CONFLICT OF INTEREST DECLARATION

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

 

 

 

 


  Council

Meeting Minutes - 9 August 2017

 

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Meeting Minutes - 9 August 2017

 

12.    Safe and Sustainable Environments

12.1    Draft Baw Baw SHire Council Road Safety Strategy 2017-2022

Team Leader Infrastructure Planning & Growth

Directorate:  Community Assets

 

Ward:          all

 

Appendix:     1 attachment

       

 

purpose

For Council to consider the draft Baw Baw Shire Council Road Safety Strategy 2017-2022 (Attachment 1) for public exhibition.

REcommendation

That Council:

1.   Approves in principle the draft Baw Baw Shire Council Road Safety Strategy 2017-2022; and

2.   Authorise Council Officers to release the draft Baw Baw Shire Council Road Safety Strategy 2017-2022 to the community for public exhibition.

 

COUNCIL MOTION

 

Moved:              Cr D Wallace

Seconded:        Cr T Jones

 

CARRIED

Key POINTS/Issues

·    Council in the past has been supportive of the State Government campaign ‘Towards Zero’ and is currently working towards incorporating the ‘Safe System’ approach promoting safer roads, safer people, safer speeds and safer vehicles, as stipulated in the Victorian Road Safety Strategy 2013-2022.

·    Although Council continues to address local road safety issues across its Shire, a formal Road Safety Strategy is yet to be developed. The absence of a formal Road Safety Strategy could limit Council actions in proactively responding to important road safety matters.

·    It was therefore considered necessary to develop a Road Safety Strategy that links to Victoria’s Road Safety Strategy Plan: Towards Zero 2016-2020 and Gippsland Road Safety Action Plan.

·    In August 2016 Council was successful in securing funding from the Transport Accident Commission (TAC) for the development of a Shire-wide Road Safety Strategy.

·    In January 2017 Safe Systems Solutions Pty Ltd was engaged to assist Council in developing its Road Safety Strategy and action plan to identify existing key road safety issues and implement proactive initiatives.

·    The key findings derived from crash data analysis for the last 10 years across the Shire revealed the following:

o 40% of all crashes are fatal or serious injury crashes.

o The last 10 years show a decreasing trend in total crashes.

o The highest numbers of crashes occur on weekends.

o Road users aged 18-24 showed the highest involvement in fatal or serious injury crashes.

o 74% of crashes occurred during day time and well-lit conditions.

o The highest concentration of pedestrian crashes occurred in Warragul and Drouin.

o Motorcycle crashes show an increasing trend over the last 10 years and is the second highest road user group involved in crashes (involving on road and recreational trail bike riders).

·    The key recommendations of the strategy are to:

o Consider and appoint a dedicated Road Safety Officer (0.5 Equivalent Full Time) with the position funded through available external funding sources, if successful.

o Undertake a strategic risk rating/mapping of all Council roads.

o Investigate further road safety risks raised by the community.

o Continue to develop and deliver road safety infrastructure solutions and engage with State and Federal Government for external funding.

o Prepare a formal speed management policy to pursue speed limit changes in collaboration with VicRoads.

o Various recommendations to improve safety of on-road and off-road motorcycle riders.

o Engage community and businesses to participate in road safety activities and projects through various educational programs.

·    Council is already committed to improving the safety of motorcycle riders through the ‘Check Your Mates’ education and advertisement campaign and the Neerim East Forest trailbike pilot project.  

·    It is proposed that the draft strategy will be released for public exhibition for a minimum of four weeks starting from 10 August 2017.

·    Responses from public exhibition will be reviewed in October 2017 and a report will be presented back to Council for its consideration and adoption of the final Road Safety Strategy in November 2017.

Triple Bottom Line Implications

COMMUNITY IMPACT

·    The development and implementation of the action plan from Baw Baw Shire Council Road Safety Strategy 2017-2022 is expected to help reduce road trauma and improve road safety for all road users across the Shire.

·    The long term goal of the strategy is to achieve zero fatalities and serious injuries on our roads, with the target to achieve a 30% reduction in fatalities and serious injury crashes by the end of the life of the strategy.

ENVIRONMENTAL IMPACT

The implementation of the proposed actions as part of Road Safety Strategy would have positive impact on the environment.

FINANCIAL IMPACT

·    The development of a draft strategy is fully funded through TAC funding of $25,000.

·    The proposed action plan as part of the draft strategy will result in minimal or no financial impacts on Council budget in the Financial Year 2017/18.

·    The strategy will be used primarily to seek external funding opportunities for years 1-2.  After this time specific actions may need to be included in the Council’s Long Term Infrastructure Plan and/or operating budget for Council budget considerations at a future time.

Consultation

·    The wider community (including local community groups, sports clubs, senior citizens, schools, motorcycling and cycling clubs etc) was invited to participate in the initial public consultation.

·    Public consultation (to obtain the views and desires of the community) was conducted for 4 weeks ending on 8 March 2017, with over 300 responses received via online surveys and letters. The summary of these responses has been collated separately in the ‘technical report’ and used to inform the action plan.

·    Consultation with key internal staff and external stakeholders such as VicRoads, Public Transport Victoria, Police and Emergency Services was also conducted.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

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

Safe and Sustainable Environments

·    Efficient roads, transport and parking

·    Community safety and protection

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 completion of the Baw Baw Shire Council Road Safety Strategy 2017-2022 assists with providing a consistent response and framework to community requests for traffic and road safety.

POLICY IMPACTS

There is no existing policy related to the strategic management of traffic and road safety in Baw Baw Shire Council.

CONFLICT OF INTEREST DECLARATION

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

 

 


  Council

Meeting Minutes - 9 August 2017

 

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  Council

Meeting Minutes - 9 August 2017

 

13.    Organisational Excellence

13.1    CEO Delegation

Governance Advisor

Directorate:  Corporate and Community Services

 

Ward:          ALL

 

Appendix:     1 attachment

       

 

purpose

To provide Council with the opportunity to exercise its powers conferred by section 98(1) of the Local Government Act 1989 and all other powers enabling it, to delegate to the member of Council staff holding, acting in and or performing the position of Chief Executive Officer, the powers, duties, and functions set out in the Schedule to this Instrument of Delegation.

REcommendation

That Council adopts and seals with the Council Seal the attached delegation (attachment 1) to the Baw Baw Shire Council Chief Executive Officer, Ms Alison Leighton, with powers outlined in the Instrument of Delegation that becomes effective from 21 August 2017 for a period of 5 years expiring on 19 August 2022.

 

COUNCIL MOTION

 

Moved:              Cr M Power

Seconded:        Cr P Kostos

 

CARRIED

Key POINTS/Issues

·    At Council’s Special Council Meeting on Wednesday 28 June 2017, Council appointed Ms Alison Leighton as the Baw Baw Shire Council Chief Executive Officer to commence as at 21 August 2017.

·    Council is a legal entity and it can act in only one of two ways: by resolution or through others acting on its behalf and it is important to note that most Council decisions are not made at Council Meetings. Effective functioning of local government would not be possible if they were.

·    The Local Government Act 1989, as well as other legislation, makes express provision for the appointment of delegates to act on behalf of Council. There are two basic forms of delegation under The Local Government Act 1989.

·    In the context of local government, delegation is the giving of decision-making power by either:

1. Council to a special committee (includes special committees comprising of councillors as well as to special committees which include officers and/or other persons) or to members of Council staff; or

2. The Chief Executive Officer only to members of Council Staff.

·    It is not practical for Council and the Chief Executive Officer alone to exercise the many statutory powers bestowed on Council. Delegation facilitates the achievement of good governance for the community by empowering appropriate members of staff to make decisions on behalf of the Council and the Chief Executive Officer and by authorising special committees to make decisions on behalf of the Council.

·    As Council can act through others, it is recommended that the appointment be formalised through written “instruments or delegations” wherever practicable.

Triple Bottom Line Implications

COMMUNITY IMPACT

No immediate community impact identified.  

ENVIRONMENTAL IMPACT

No immediate environmental impact identified.  

FINANCIAL IMPACT

No immediate financial impact identified.  

Consultation

No community consultation was undertaken or required.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

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

Strategic Objective 4: Organisational Excellence

 4.2 Positive leadership, advocacy and decision making around shared goals; and

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

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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

LEGAL

This report and appointment of delegation is consistent with Councils statutory requirements that are outlined in the Local Government Act 1989.

POLICY IMPACTS

This report supports Council’s Delegation Framework.

CONFLICT OF INTEREST DECLARATION

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


  Council

Meeting Minutes - 9 August 2017

 

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Meeting Minutes - 9 August 2017

 

13.2    Live Streaming of Council Meetings

Property Management Coordinator

Directorate:  Corporate and Community Services

 

Ward:          ALL

 

Appendix:     1 attachment

       

 

purpose

For Council to consider the implementation of live streaming Council Meetings, the associated costs and required changes to the local law.

REcommendation

That Council:

1.   Proceeds with a fixed installation camera system at Council Chambers to enable the live streaming and recording of Ordinary Council Meetings ; and

2.   The inclusion of livestreaming and recording protocols will be incorporated into the current review of the Meeting Procedure Local Law and will be made available for public comment under section 223 of The Local Government Act.

3.   Note that working collaboratively with Wellington Shire Council, Baw Baw Shire Council has been able to achieve savings on the procurement and establishment of livestreaming services to the value of approx. $5,500.

 

COUNCIL MOTION

 

Moved:              Cr D Goss

Seconded:        Cr M Leaney

 

CARRIED

Key POINTS/Issues

·    Live Streaming of Council Meetings would provide the potential for a wider audience to view the proceedings of a Council Meeting. It also provides for greater transparency and accessibility for the public.

·    If the option of retaining and archiving the data online is chosen, it will also mean that people can view the meeting at a convenient time and location.

·    Following the Ombudsman’s report ‘Investigation into the Transparency of Local Government Decision Making’, several Councils have recently begun live streaming and other’s like ourselves are considering the possibility. Some of the Council’s currently streaming meetings include; South Gippsland, Dandenong, Kingston, Moreland, Darebin, Shepparton, Campaspe, Alpine and Wangaratta. Note: Wellington Council has been streaming meetings for well over 10 years.

·    The MAV identified a number of risks and benefits that Streaming provides. However while detailing the risks the MAV does encourage Councils to provide publicly available streaming of meetings. The advantages are;

o Improved accessibility of meetings to residents

o Improved participation and interaction in Council Meetings

o Improved communication to residents of forthcoming plans and projects

o Improved transparency in the decision making process of Council

o Providing a compliment to formal written minutes

o Maintaining a more detailed historical record of meetings

(Source MAV Guide – refer to attachment)

·    The main risks are considered to be;

o Defamation: if statements are made which cause injury to a persons reputation by disparaging, hatred, ridicule or contempt Council may find itself liable for what is said by individual Councillors.

o Infringement of Copyright: there will be a permanent record if material is read at a Council Meeting without consent that is subject to Copyright.

o Breach of Privacy: Councillors will need to continue to be aware of their responsibilities under Schedule 1 of the Privacy Data and Protection Act 2014 (Vic).

o Vilification: in Victoria we the Racial and Religious Tolerance Act 2001 (Vic) applies in relation to vilifying under racial or religious grounds

o Offensive Behaviour Section 18C of the Racial Discrimination Act 1975 (Cth)

·   The important point is that Councillors and individuals are already subject to the above items, both at law and for Councillors under the adopted Code of Conduct.

·    If Council proceeds with streaming of Council Meetings, an amendment to the meeting procedure local law will be required. This will be to allow the recording and publication of meetings and to provide an opt-out clause for members of the public who make submissions.

·    Technically, there are many options which naturally range in cost, quality and ease of use. At the lower end of the scale is the use of iPads mounted on tripods streamed direct to a YouTube or Facebook channel. This option has similar set up costs but lower direct operating costs. It provides a lower quality capture and needs a Council officer present to setup and operate.

·    The recommendation is to use a system which provides not only the streaming of the meeting but also the data capture and archiving. Council contains full control of the data and can index, archive and edit if necessary. This type of service is used in LGA’s in three states and to other Government Departments. It is also provides the option of either a High Definition or Standard Definition stream to customers. It is tried and tested, used by Wellington, Kingston, Bayside, Children’s Court plus NSW and QLD Council’s.

·    Working collaboratively with Wellington Shire Council, we have been able achieve savings on the procurement and establishment of livestreaming services to the value of approx. $5,500.

Triple Bottom Line Implications

COMMUNITY IMPACT

·    It is believed that streaming will allow a greater number of community members to follow Council meetings online.

·    The proposal allows for greater transparency and understanding of the Council decision making progress.

ENVIRONMENTAL IMPACT

There is no environmental impact with this report.

FINANCIAL IMPACT

·    The cost for the purchase of equipment and installation is expected to be in the order of $11,000 for a fixed camera set up model. 

·    The ongoing cost for the data to be archived and stored is $1,260 per month.

·    The Internet service will need to be upgraded at Trafalgar in order to undertake the live streaming. This will not be a significant cost and may also be made available to other users of the facility.

Consultation

·    Consultation has occurred with other Council’s, IT and Governance.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

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

Organisational Excellence  

Innovative, Community Focused and Future Ready and Positive Leadership, Advocacy and Decision Making around Shared Goals.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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

LEGAL

·        There are several Acts which Councillor’s need to be conscious of with live streaming, these include;

o   Local Government Act 1989

o   Privacy Data and Protection Act 2014 (Vic).

o   Racial and Religious Tolerance Act 2001 (Vic)

o   Racial Discrimination Act 1975 (Cth)

·        Council will put a disclaimer on its website which will be checked by its legal advisors.

POLICY IMPACTS

Council will need to develop a policy to assist with the live streaming of Council Meetings.

CONFLICT OF INTEREST DECLARATION

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

 

 

 


  Council

Meeting Minutes - 9 August 2017

 

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14.    Notices of Motion

Nil Reports

 

 

 

 

15.    Committee and Delegates Reports

Nil Reports


  Council

Meeting Minutes - 9 August 2017

 

16.    Assembly of Councillors

16.1    Assembly of Councillors Report

Governance Advisor

Directorate:  Corporate and Community Services

 

Ward:          All

 

Appendix:     5 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 21 July – Friday 4 August.

 

COUNCIL MOTION

 

Moved:              Cr K Cook

Seconded:        Cr M Power

 

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 - 9 August 2017

 

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17.    Mayoral Minute

Cr Gauci utilised his Mayoral Minute to thank Mr Phil Cantillon for his tenure as the interim Chief Executive Officer since February 2017. Cr Gauci highlighted Mr Cantillon’s proactive and future-focused leadership and his willingness to work collaboratively with Council.

Cr Gauci also extended his thanks to the Directors, Managers and other staff who have assumed acting positions and  assisted in guiding the organisation through the change during this time.

Lastly, Cr Gauci expressed his gratitude that whilst the newly appointed CEO, Alison Leighton, will have commenced with Council at the next meeting, the staff who have assumed acting roles would remain with the organisation and continue to deliver exceptional outcomes for the local community.

 

 18.   General Business

18.1  Condolence Motion for Garnet Moyle (Bob) Ellis.

 

That Council acknowledge the recent passing of Garnet Moyle (Bob) Ellis who passed away on 22 July 2017 and write to his family expressing their sincere condolence and sympathy.

Bob was born on the 14th October 1932 at Warragul and completed his schooling at both Rokeby State School & Warragul High School. Together with his first wife June Fisher he had four children, Ruth, Stephen, Annette and Phillip.

Bob later married Maria and together they lived on their property on Mason Road, Rokeby. Bob and Maria served on the Rokeby Hall Committee for over 25 years and were involved in establishing the Rokeby Market.  The Ellis Family have lived in the Rokeby area through the generations, Bob being a descendant of one of the first pioneers within the Shire.

In later life, Bob was cared  for by his eldest daughter Ruth until his passing.

Council would like to extend their condolence to Bobs family and extended friends.

 

COUNCIL MOTION

 

Moved:              Cr K Cook

Seconded:        Cr P Kostos

 

CARRIED

    

 

Meeting closed at 7.28pm

 

Confirmed at this meeting 23 August 2017

 

 

 

Cr J Gauci

Mayor