Agenda

 

 

 

                                                       Council

 

 

 

                                     13 December 2017

 

 

To be held on Wednesday, 13 December 2017

commencing at 5.30pm

in the Trafalgar Council Chambers.

 

 

 

 

 

 

 

 

www.bawbawshire.vic.gov.au

 


  Council

Meeting Agenda - 13 December 2017

 

 

 

Our Vision

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

Our Mission

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

Core Values

Community focused

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

Integrity

Equitable, honest, ethical, transparent.

Respect

Listening, compassionate, open minded, understanding, patient.

Pride

Caring, enthusiastic, inspiring, accountable.

Innovation

Creative, bold, challenging, flexible.

Collaboration

Partnering, building productive relationships, inclusive.

 

 

 

 


Agenda

 

1.        Opening and Recognition of Traditional Custodians. 5

2.        Reading of Affirmation and Prayer. 5

3.        Apologies. 5

4.        Civic Ceremonies. 5

5.        Confirmation of Previous Meeting Minutes. 5

6.        Councillors Declarations of Interest/Conflict of Interest 5

7.        Meeting Closed To The Public: Release of Information to the Public. 5

8.        Community Participation Time. 6

8.1     Questions on Notice. 6

8.2     Submissions. 6

9.        Petitions. 7

10.     Vibrant Communities. 8

10.1  PLA0187/17 - 4-8 Palmerston Street and 26B-28 Victoria Street Warragul - Increase the number of patrons and extend the licensed area use to sell and consume liquor [on-premises liquor license]. 8

10.2  PLA0392/16 (amended) - use and development for a drug addiction education and support centre at 930 Drouin Korumburra Road, Athlone. 29

10.3  Tender Recommendation 21806CT - Provision Of Street Tree Maintenance  77

10.4  Tender Recommendation Report - 21818CT Palmerston Street Streetscape Works  80

10.5  Drouin Civic Park Play Space and Master Plan Projects. 89

10.6  Baw Baw Public Health and Wellbeing Plan 2017-21. 92

10.7  Consideration of Sponsorship - December 2017. 155

11.     Thriving Economy. 181

11.1  Consideration of new appointment to the Business Advisory Board. 181

11.2  Baw Baw Shire Business Excellence Awards. 183

12.     Safe and Sustainable Environments. 188

12.1  21809CT: Upgrade of Labertouche North Road and Labertouche Road Blackspot Improvements. 188

12.2  Council to consider orders under the Domestic Animals Act 1994. 192

12.3  Road Opening Request 400 Longwarry Drouin Road, Drouin.. 196

13.     Organisational Excellence. 209

13.1  Public Lighting - Procurement Australia Contract 1906-0625. 209

14.     Notices of Motion.. 212

15.     Committee and Delegates Reports. 213

16.     Assembly of Councillors. 214

16.1  Assembly of Councillors Report 214

17.     Mayoral Minute. 226

18.     General Business. 226

 


 

1.      Opening and Recognition of Traditional Custodians

I acknowledge the traditional custodians of the land on which we are meeting and pay my respects to their Elders both past and present. I would also like to acknowledge any other elder of any race or religion that may be in the room tonight.

 

2.      Reading of Affirmation and Prayer

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

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

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

Almighty God,

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

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

Amen

3.      Apologies 

4.      Civic Ceremonies

5.      Confirmation of Previous Meeting Minutes

6.      Councillors Declarations of Interest/Conflict of Interest

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

There will be no confidential Council meeting on Wednesday 13 December 2017.

 

 

 

8.      Community Participation Time

8.1       Questions on Notice

 

8.2       Submissions

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

 

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

 

 


  Council

Meeting Agenda - 13 December 2017

 

9.      Petitions

Nil Reports

 

 

 

 

 


  Council

Meeting Agenda - 13 December 2017

 

10.    Vibrant Communities

10.1    PLA0187/17 - 4-8 Palmerston Street and 26B-28 Victoria Street Warragul - Increase the number of patrons and extend the licensed area use to sell and consume liquor [on-premises liquor license].

Senior Statutory Planner  

Directorate:  Planning and Economic Development

 

Ward:         

 

Appendix:     3 attachments

       

 

purpose

For Council to consider Planning Permit Application PLA0187/17 for an increase in the number of patrons and extension of the licensed area used to sell and consume liquor (liquor license) at 4-8 Palmerston Street and 28-26B Victoria Street, Warragul.

REcommendation

That Council issue a Planning Permit subject to conditions for PLA0187/17 for an increase in the number of patrons and extend the area of the land used to sell and consume liquor (on-premises liquor license) at 26B-28 Victoria Street and 4-8 Palmerston Street, Warragul.

 

 

Key POINTS/Issues

·        The premise is commonly known and trading as Frankie’s Café (ABN registered as Café Domenico); this food and drink premises originally began at 4 Palmerston Street and expanded into abutting tenancies at 6-8 Palmerston Street and 28 Victoria Street in Warragul within the Commercial Zone of Warragul CBD.

·        The premise is currently expanding into another adjoining commercial tenancy at 26B Victoria Street, Warragul.

·        The business currently benefits from an on-premises liquor licence
No. 32291128 which authorises the supply liquor for consumption on the licensed premises during the specified trading hours for up to 148 patrons.

·        Planning permit PLA0036/08 was issued on 09 May 2008 for the use of the land for sale and consumption of alcohol at 4 Palmerston Street, Warragul.

Ø  The planning permit specified trading hours as:

Þ      Sundays: 10am to 11pm

Þ      Good Friday and Anzac: Noon to 11pm

Þ      Any other day: 7am to 11pm

Þ      and other minimal amenity conditions.

·        Planning permit PLA0107/14 was issued on 16 January 2015 for an extension to the red line area associated with the trading of alcohol for the land known as 4-8 Palmerston Street and 28 Victoria Street.

·        The current proposal does not change the licensed trading hours which remains in accordance with Permit PLA0036/08.

·        The proposal seeks to extend the red line trading area to reflect the upgraded and extended trading space resulting from the merging of the premise at 26B Victoria Street. This also reflects a small extension of the footpath trading area facing 26B Victoria Street.

·        Permit PLA0036/08 did not impose any limitations in patronage or seating.

·        Condition 4 of Permit PLA0107/14 imposed a limit of 110 seats, however previous Council officers endorsed a red line plans indicating, and allowing, a capacity of 140 seats despite the restriction of the permit.

·        Furthermore, the liquor and gambling commission issued a license for a capacity of 148 patrons.

·        Consequently, the current application also seeks to rectify discrepancies in previous consents to align with the current liquor license for 148 patrons. This will remove the technical breach and uncertainty related to the capacity of the liquor licence, the capacity of the endorsed planning plans, and the condition of the permit.

·        It is noted the premise has operated with this discrepancy for many years and no complaints nor investigations has resulted.

·        The proposal will supersede PLA0107/14 which defined the last endorsed red line trading area. All relevant Conditions of PLA0107/14 are retained into the proposed permit (but corrected with contemporary wording) and the consent will remove the ambiguity over the patron number. As such the more accurate terminology ‘patrons’ will be favoured. PLA0107/14 will be clearly mentioned as superseded to remove any unambiguity in that regard.

·        The submitted plan used to indicate the red line area show permanent fixtures on the road reserve (blinds, seating), these works are not part of the current proposal being assessed and a Condition will require these notes be removed from the plan prior to endorsement.

·        The outdoor dining area currently operates and occupy the road reserve under Local Law Permit LLP0003/14 which is valid until 2018.

·        A separate planning application PLA0276/17 has been lodged for the determination of permanent fixture within road reserve. This application is at early stages of assessment.

Triple Bottom Line Implications

COMMUNITY IMPACT

·        The proposal will facilitate the management and statutory compliance of a growing business.

·        The proposed change does not increase the provision of liquor in the area as the premise already benefits from a liquor licence.

·        The proposed application seeks to ensure consents to operate and use the land are compliant with the factual context and operation of the business.

·        A refusal of the proposal would result in:

Ø  Non-compliance and difficulty in managing the day-to-day operation of the premise.

Ø  Difficulty for relevant statutory authorities to rationally apply and manage their consent.

·        The amenity of the area may be affected if appropriate conditions are not included on any planning permit issued.  

ENVIRONMENTAL IMPACT

The proposal will not have negative environmental impacts.

FINANCIAL IMPACT

The proposal will not have financial impact upon Council unless the applicant seeks a determination at the Victorian Civil and Administrative Tribunal (VCAT) for the licensed hours of operation.

Consultation

·    Notice of the application was given to adjoining and adjacent landowners and occupiers adjoining the subject site 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.

·    No submissions were received following the notice period.

·    The proposal did not trigger any statutory referral in accordance with Clause 66 of the Baw Baw Planning Scheme.

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.

 

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 planning application was submitted in accordance with the Planning and Environment Act 1987 and Liquor Control Reform Act 1988.

·    There are no ongoing legal issues resulting from the proposal as the administrative breach was never investigated or enforced. It is likely that the ambiguity raised by the license, the permit, and its endorsed plans may not legally be favourable to the Responsible Authority particularly if the discrepancy is ignored.

·    It is to the benefit of Council to rectify issues as they are noted and this gives better credibility and strength to the statutory consents given.

POLICY IMPACTS

·    Baw Baw Shire’s Draft Public Health and Wellbeing Plan 2017-2021 (Version 1.5.2)

·    Baw Baw Shire Council Community Local Law 2006, including the Footpath Trading Policy.

CONFLICT OF INTEREST DECLARATION

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

 

 


  Council

Meeting Agenda - 13 December 2017

 

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10.2    PLA0392/16 (amended) - use and development for a drug addiction education and support centre at 930 Drouin Korumburra Road, Athlone.

Manager Sustainable Development

Directorate:  Planning and Economic Development

 

Ward:          West

 

Appendix:     12 attachments

      

 

purpose

For Council to consider the Planning Permit Application PLA0392/16 (amended) for a drug addiction education and support centre at 930 Drouin Korumburra Road, Athlone.

REcommendation

That Council refuses Planning Permit Application PLA0392/16 for the use and development of land for a drug addiction education and support centre at 930 Drouin Korumburra Road, Athlone

 

Key Issues

·        The land is known as 930 Drouin Korumburra Road, Athlone, the site of the former Athlone Primary School.  The land is zoned Public Use Zone Schedule 2.

·        A Planning Permit is required for Use and and Development in accordance with Clause 63.01-1 (Public Use Zone) for an application not being carried out by or on behalf of the public land manager (Department of Education and Training).

·        The Land is roughly 1.2 hectares in area and is wedge shaped. 

·        It is currently under the ownership of the Department of Education and Training who has agreed to lease the land to the Ice Meltdown Project.

·        The proposal is to use the land for a drug addiction education and support centre.  It is an undefined use under the Baw Baw Planning Scheme.

·        The Land is proposed to be used primarily as an Education Centre which upskills people who have committed themselves to being drug free.  The proposed use is to provide education classes and workshops in maintaining healthy and productive lifestyles.

·        The Ice Meltdown Project is a non-government community based organisation.  It provides many services but only some of these services are proposed to be provided on the land.

·        The Land is proposed to have between 6-8 patrons and 3-5 staff members at any one time and proposed to operate Monday to Friday between 9.00am and 4.30pm. 

·        The application was originally submitted to use the land for a place of assembly.  Following advertising of the application, 92 objections were received.

·        Following a review of objections, the submitted application material and recent Victorian Civil and Administrative Tribunal (VCAT) decisions, further information was requested to include confirmation as to the correct description of the proposal – suggesting “drug counselling and support centre”.

·        An amended application was lodged on 28 May 2017, which did not satisfactorily cover the further information requested. A number of requests for extension were received and the information request was provided on 7 September 2017.  It is the amended application which is being considered in this report.

·        Notwithstanding the more general meritorious aspects of the proposed use, it is considered that:

Ø  On balance, the proposed use is contrary to State and Local Planning Policy Framework;

Ø  The location of the land is too isolated for the proposed use;

Ø  There are insufficient details demonstrating that the use can be appropriately managed and without impacting on the amenity of the surrounding area;

Ø  The proposed use will have an unreasonable impact on the amenity of the area and surrounding land uses; and

Ø  There are insufficient details to demonstrate that the proposed counselling, support classes and administration activities will be ancillary to the proposed use.

TRIPLEBOTTOMLINE IMPLICATIONS

FINANCIAL IMPACT

The proposal will not have financial impact upon Council unless a determination is sought at the Victorian Civil and Administrative Tribunal (VCAT).

ENVIRONMENTAL IMPACT

The proposal does not propose changes to the natural environment.

COMMUNITY IMPACT

·        The proposed use is considered to be beneficial for those people going through the reintegration process following a crystal methamphetamine (ice) addiction.  The proposed use is designed to assist former ice users to reintegrate back into society and to improve future employment opportunities. 

·        221 submissions have been made objecting to the application, many received from Athlone community members.  The concerns raised by objections are summarised as follows:

Ø  Inappropriate location for the use;

Ø  Isolated site – lack of urgent medical or police support;

Ø  Impact on public facilities – children and family safety;

Ø  No public transport in the area;

Ø  Additional traffic impact;

Ø  Buildings unsuitable – asbestos clad, no water tanks, poor septic system, soil instability;

Ø  Site access – 100km/h speed limit;

Ø  No emergency evacuation plan or bushfire plan;

Ø  Risk to community/the risk assessment has been poorly undertaken;

Ø  Activities proposed do not meet the purpose of the zone;

Ø  No need for the service when other providers under subscribed;

Ø  Safety of adjoining properties;

Ø  Increase in crime;

Ø  Decrease in land values; and

Ø  Qualification of the staff and volunteers

·        Letters were also received from concerned residents, which did not contain an address.  The issues raised in these letters generally reflected the concerns raised by the objectors.

·        The applicant has provided 15 letters of support for the program. 

Consultation

·        Notice of the application was given to all submitters to the original application, in addition to adjoining and adjacent landowners and occupiers under Section 52(1)(a) of the Act, and notice was given via the display of a sign on the Land for a minimum of 14 days pursuant to Section 52(1)(d) of the Act.

·        A drop-in session was held at the Athlone Public Hall on 9 November 2017 from 12 noon to 2.30 pm and 5pm to 8pm.  The drop-in session was an opportunity for community members to access information relating to the application, seek clarification from Council officers regarding the application and the process moving forward.

·        The application was referred to Vic Roads under Section 55, who have provided consent for the proposal subject to four permit conditions.

·        The application was referred internally to Council’s Public Health 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

 

1.2       Managing Baw Baw’s growth and development.

 

1.3.3   Support the community to enhance their health and wellbeing.

 

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 decision of the Responsible Authority maybe challenged at the Victorian Civil and Administrative Tribunal.

POLICY IMPACTS

Baw Baw Shire’s Public Health and Wellbeing Plan 2017-2021 (Version 1.5.2)

CONFLICT OF INTEREST DECLARATION

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

 

 


  Council

Meeting Agenda - 13 December 2017

 

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10.3    Tender Recommendation 21806CT - Provision Of Street Tree Maintenance

Coordinator Parks, Gardens and Sportsfields

Directorate:  Community Assets

 

Ward:          All

 

Appendix:    

       

 

purpose

For Council to consider awarding two contracts for Tender – 21806CT Provision of Street Tree Maintenance.

REcommendation

That Council: 

 

1.   Accept the conforming tender submitted by Drouin Tree Services (ABN 46 128 836 153) for Tender 21806CT Provision of Street Tree Maintenance Zone 1 (Warragul North), Zone 2 (Warragul South), Zone 3 (Drouin) and Zone 6 (Longwarry) for the total sum of $189,400 (excluding GST) annually for two years;

2.   Accept the conforming tender submitted by Gippy Tree Services Pty Ltd (ABN 53 610 511 503) for Tender 21806CT Provision of Street Tree Maintenance Zone 4 (Trafalgar, Thorpdale & Willow Grove), Zone 5 (Yarragon, Darnum & Nilma), Zone 7 (Neerim South, Neerim Junction & Noojee) and Zone 8 (Erica, Rawson & Walhalla) for the total sum of $56,000 (excluding GST) annually for two years; and

3.   Delegate the Chief Executive Officer to sign the contract documents after they have been completed.

 

 

Key POINTS/Issues

·    This contract is to provide a Contractor or Contractors with a range of skills and experience to provide timely, safe, efficient, effective, value for money and environmentally sound services for the Provision for Street Tree Maintenance including powerline clearance in the Baw Baw Shire for a contract period of 2 years with an optional further 1 year

·    Tender submissions were assessed in accordance with the evaluation criteria stated in the tender document (refer to Attachment 1 “Tender Recommendation Report including Tender Evaluation Analysis” for details)

Triple Bottom Line Implications

COMMUNITY IMPACT

This contract will have a positive community impact by delivering Street Tree Maintenance in a timely safe, efficient, effective, value for money and environmentally sound way

ENVIRONMENTAL IMPACT

This contract will continue to facilitate sound environmental practices for the Provision of Street Tree Maintenance

 

FINANCIAL IMPACT

·        Operating budget 2017/18:

Tree Maintenance Contracts                                        $311,500

(Which includes all trees managed

 by Council not just Street Trees)

Powerline Clearance Contracts                                   $220,000

Total Tree Management Contract Budget                   $531,500

Drouin Tree Services                                                   $189,400

Zone 1 (Warragul North),

Zone 2 (Warragul South),

Zone 3 (Drouin)

Zone 6 (Longwarry)

Gippy Tree Services                                                    $  56,000

Zone 4 (Trafalgar, Thorpdale & Willow Grove),

Zone 5 (Yarragon, Darnum & Nilma),

Zone 7 (Neerim South, Neerim Junction & Noojee)

Zone 8 (Erica, Rawson & Walhalla)

Total Annual Lump Sum Contracts                             $245,400

         Total two year Lump Sum Contracts                           $490,800

 

Consultation

No consultation was undertaken as part of this Tender

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This Contract for the Provision of Street Tree Maintenance 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

3.1.2   Recognise the value of urban street and significant trees

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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

LEGAL

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

POLICY IMPACTS

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

CONFLICT OF INTEREST DECLARATION

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

 

 

 


  Council

Meeting Agenda - 13 December 2017

 

 

10.4    Tender Recommendation Report - 21818CT Palmerston Street Streetscape Works

Project Engineer

Directorate:  Community Assets

 

Ward:          Central

 

Appendix:     3 attachments

       

 

purpose

For Council to consider awarding a contract for Tender 21818CT Palmerston Street Streetscape Works.

 

 REcommendation

That Council:

 

1.   Accept the conforming tender submitted by Mad Cat Constructions (Vic) Pty Ltd (ABN 63 112 970 359) for Tender 21818CT Palmerston Street Streetscape Works for the total sum of $1,390,041 (excluding GST);

2.   Allocate savings from the funding for Mason Street Improvement Works (Ledger 100623) to cover the funding shortfall of $6,409; and

3.   Delegate the Chief Executive Officer to sign the contract documents after they have been completed.

 

 

Key POINTS/Issues

·    Council at its meeting on 9 August 2017 authorised Council officers to proceed with the following works.

1.   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

2.   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.

·    The tender 21818CT is for the construction of streetscape works along Palmerston Street in Warragul between Victoria Street and Smith Street. as per the attached final design (attachment 1) consistent with the Council resolution on 9 August 2017.         

 

·    The recommendation report for tender 21818CT (Attachment 2) for the above works is attached to this report. The Tender submissions were assessed in accordance with the evaluation criteria stated in the tender document.

·    The above proposed works are the part of the wider Warragul Streetscape Works. The finalised design provides improved pedestrian safety and accessibility for affected property owners. Immediate affected property owners have been notified of the final design.

TRIPLEBOTTOMLINE IMPLICATIONS

Financial Impact

Palmerston Street Streetscape Works

Funds (ex. GST)

2017/18 Council Budget (100622)

$1,385,873

Expenditure and fund committed to date

$25,241

Total Available Budget

$1,360,632

Revised Tender Price by preferred tenderer for this tender 21818CT

$ 1,390,041

Less: Cost to be reimbursed from Gippsland Water for supply and installation of Gippsland Water rider main crossing Palmerston Street along Victoria Street. (Note: this water main is a separate item to water main relocation along Palmerston Street)

$23,000

Cost to Council for the tendered works

$1,367,041

Budget over expenditure

$6,409

 

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.

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.

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.

·    A Fact Sheet (attachment 3) has been prepared showing the Warragul CBD Masterplan Implementation project background and information on proposed streetscape works on Palmerston Street. The fact sheet will be distributed to Warragul CBD area and uploaded on Council website.

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:

Strategic Objective 1: Vibrant Communities

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

1.4.2   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 Agenda - 13 December 2017

 

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10.5    Drouin Civic Park Play Space and Master Plan Projects

Coordinator Parks, Gardens and Sportsfields

Directorate:  Community Assets

 

Ward:          All

 

Appendix:    

      

 

purpose

For Council to endorse the proposed upgrade of the Drouin Civic Park Play Place and implementation of projects identified in the adopted Drouin Civic Park Master Plan by developing a Major Park upgrade project.

REcommendation

That Council:

1.   Proceeds with combining Drouin Civic Park Master Plan projects into a Major Park Upgrade to be funded through developing a collaborative partnership between Council, State Government and the community;

2.   Incorporates this park upgrade project into Council’s Long Term Infrastructure Plan;

3.   Explores all funding opportunities and develops partnerships to deliver the projects in 2018/19 and/or 2019/20 financial years;

4.   Commences detailed design of projects by utilising $50,000 from Council’s Open Space Contributions Fund with a view to seek funding opportunities for delivery in 2018/19 and/or 2019/20 financial years; and

5.   Undertakes community consultation around the design of the play space.

 

 

Key POINTS/Issues

·    The adopted Master Plan identifies key projects to be delivered in the Drouin Civic Park. Short term priorities being play space and public toilet upgrade.

·    The community of Drouin have been regularly expressing their desire to have the play space upgraded. Including a recent letter from students at the Drouin Primary School.

·    An internal cross department working group has been formed to scope the options for delivering identified projects.

·    The working group has identified the best strategy for delivering projects is to develop a major park upgrade project.

·    This major park upgrade needs to meet the growing population requirements of the Drouin and wider Baw Baw Shire community, along with people visiting the shire.

Triple Bottom Line Implications

COMMUNITY IMPACT

·    This initiative will greatly impact the community and visitors to the Baw Baw Shire upgrading the infrastructure, amenity and usability of the park.

ENVIRONMENTAL IMPACT

·    This project would have positive environmental impacts for the park and surrounding areas by improving the amenity and usage of the park.

FINANCIAL IMPACT

·    Short term - Commence detailed design and costings of projects by utilising $50,000 from Council’s Open Space Contributions Fund with a view to seek funding opportunities for delivery in 2018/19 and 2019/20 financial years.

·    Incorporate this park upgrade project into Council’s Long Term Infrastructure Plan and to explore all funding opportunities and develop partnerships to deliver project in 2018/19 and/or 2019/20 financial years.

Consultation

Large amounts of community consultation has already taken place to develop the following plans and strategies. Further consultation will be required around the design of the play space.

·    Adopted Drouin Civic Park Master Plan (2017)

·    Council Plan 2017 – 2021. Projects link to several strategies under the Objective of Vibrant Communities

·    Health and Wellbeing Plan Action Plan 2016-17. Projects link to several Objectives in the plan

·    Recreation Strategy 2005-2015. Identified upgrade to play spaces including a regional playground for Drouin

·    Drouin Town Centre Masterplan (2010). Highlights improvement required and better links to Civic Park

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This Drouin Civic Park Play Space and Master Plan projects assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

Strategic Objective 1: Vibrant communities

1.3.6   Plan, manage and delivering on the Shire’s sport and recreation infrastructure needs through implementation of master plans, and developing new plans for growth areas.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This Drouin Civic Park Play Space and Master Plan projects will be considered under the Charter of Human Rights and Responsibilities. Amendments will be recommended to ensure compatibility if required.

LEGAL

None at this point.

POLICY IMPACTS

None at this point.

CONFLICT OF INTEREST DECLARATION

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

 


  Council

Meeting Agenda - 13 December 2017

 

 

10.6    Baw Baw Public Health and Wellbeing Plan 2017-21

Social Planner  

Directorate:  Planning and Economic Development

 

Ward:          All

 

Appendix:     2 attachments

       

 

purpose

For Council to consider the Baw Baw Public Health and Wellbeing Plan 2017-2021 and its Year 1 Action Plan, following community consultation and feedback.

REcommendation

That Council adopt the Baw Baw Public Health and Wellbeing Plan 2017-21 and its Year 1 Action Plan.

 

 

Key POINTS/Issues

·    The Baw Baw Public Health and Wellbeing Plan is required to be developed and adopted within 12 months of Council general election.  Baw Baw Shire advised the Minister for Health that an extension of time was required. 

·    The Draft Plan has been developed with input from the community, Councillors, Advisory Committee members, health providers and Council officers.

TRIPLEBOTTOMLINE IMPLICATIONS

Financial Impact

·    The cost of delivering actions that have been included in the Draft Plan have been considered by the responsible teams. Unless otherwise stated, actions have the appropriate resources to be delivered.

·    Good health is widely understood to contribute positively to economic outcomes, both at an industrial level (higher productivity and fewer sick days), and the community level (people being fit to participating in retail and recreational activities, and contribute to healthy social and cultural environments).

Environmental Impact

·    A person’s health is often influenced by the environment. Environments can be manipulated to create the conditions for better health. This includes, but is not limited to policy, workplace, home, social and built environments.

·    Connection to the natural environment generally supports better health. 

·    Understanding the likely impact of a changing climate on health has been considered in this Plan.  

Community Impact

·    This project intends to positively affect the health of the community in the long term. The Plan is focused on prevention in health, rather than interventions. Change is often measured in the mid- to long-term.

·    The community is an important stakeholder in prevention in health work. Their support is paramount to any meaningful and adopted change. The community has opportunities to be involved in the implementation of the plan through working groups, co-design and project consultations.

Consultation

·    Legislation requires that the local community is involved in the development of the Public Health and Wellbeing Plan. Extensive community consultation was undertaken in July 2017 to gather information.  Further consultation occurred in October 2017 giving the community opportunity to comment on the Draft Plan. 

·    Organisational stakeholders have been involved throughout the project.

·    The Healthy Baw Baw Advisory Committee also supports a high level of consultation with these stakeholders.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

The Baw Baw Public Health and Wellbeing Plan 2017-21 and its Year 1 Action Plan assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

Strategic Objective 1:          Vibrant Communities

1.3.3               Support the community to enhance their health and wellbeing.

Strategic Objective 3: Safe and Sustainable Environments

3.1.1               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

The Baw Baw Public Health and Wellbeing Plan 2017-21 and its Year 1 Action Plan will be considered under the Charter of Human Rights and Responsibilities. Amendments will be recommended to ensure compatibility if required.

LEGAL

·    The Public Health and Wellbeing Act 2008­ requires Council to prepare a municipal public health and wellbeing plan within the period of 12 months after each general election of Council (Section 26).

·    The Climate Change Act 2010 requires specified decision-makers to have regard for climate change (Section 14). Council, through its municipal public health and wellbeing plan, is one of the specified decision-makers.

POLICY IMPACTS

·    There is no immediate impact to any policy.

·    Policies of Council ought to consider the objectives of the Health and Wellbeing Plan when they are reviewed.

CONFLICT OF INTEREST DECLARATION

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

 

 

 

 


  Council

Meeting Agenda - 13 December 2017

 

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Meeting Agenda - 13 December 2017

 

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  Council

Meeting Agenda - 13 December 2017

 

 

10.7    Consideration of Sponsorship - December 2017

Coordinator Strategic and Community Planning

Directorate:  Planning and Economic Development

 

Ward:          All

 

Appendix:     4 attachments

       

 

purpose

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

REcommendation

That Council:

1.   Supports the sponsorship request from the Drouin Ficifolia Festival Committee for $3000 for the 2018 Ficifolia Festival. 

2.   Supports the sponsorship request from Koori Kids for $450 for the 2018 School Initiatives program.  

3.   Supports the sponsorship request from the the Drouin Stationeers for $500 for works at the Drouin Train Station.     

 

Key POINTS/Issues

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

·        Three applications for sponsorship have been received:

Ø  The Drouin Ficifolia Festival Committee have applied for sponsorship for the 2018 Ficifolia Festival event.  The application was received on 23 November 2017 (Attachment One).    

Ø  Koori Kids have applied for sponsorship to support the 2018 NAIDOC Week School Initiative Competitions.  The application was received on 28 November 2017 (Attachment Two)

Ø  Drouin Stationeers have applied for sponsorship to support indigenous planting at the Drouin Train Station and surrounds.  The application was received on 29 November 2018 (Attachment Three). 

·        The applications for sponsorship from the Drouin Ficifolia Festival Committee, Koori Kids and Drouin Stationeers have been assessed (Attachment Four). 

Drouin Ficifolia Festival Committee

·        The Drouin Ficifolia Festival is celebrating its 30th anniversary in 2018.  In 2018 the Festival will be concluding a day earlier than it has in other years to not impact on celebrations related to the Queen’s Baton Relay.  

·        The Festival has been funded three or more times through the Community Development Grants program.  The 2017 Ficifolia festival was funded for $3000 through Sponsorship.    

·        The Ficifolia Festival Committee is seeking a Level Two – Local Events sponsorship of $3,000 but welcomes the Baw Baw Shire Council to become the Festivals major sponsor with a sponsorship of $4,000 or above.

·        It is noted that Council has provided Sponsorship funds to the Ficifolia Art Show and Drouin Freestyle BMX Competition.  

Koori Kids 2018

·        The Koori Kids 2018 School Initiatives program has been running for many years and partnership with Baw Baw Shire has been funded through the Sponsorship Program. 

·        Last year the initiative was picked up by eight primary schools in the municipality with just under 1200 kids participating.   

·        The Koori Kids 2018 School Initiatives program is seeking $450. 

Drouin Stationeers

·        Drouin Stationeers is a group that is dedicated improving the surrounds of the Drouin Train Station.  They maintain all the planter boxes and gardens in the train station grounds on behalf of Vline/Vic Track.

·        The group is seeking $500 to buy indigenous plants for the area. 

·        The Drouin Stationeers were unsuccessful for their 2017/2018 Community Development Grant.  

Triple Bottom Line Implications

COMMUNITY IMPACT

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

ENVIRONMENTAL IMPACT

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

FINANCIAL IMPACT

·        The funding allocation for Sponsorship is allocated from the Community Development Grants budget of up to $300,000 and required $12,500 for the Baw Baw Shire Smartygrants Subscription. 

·        Council has allocated $247,485 through the Community Development Grants Program, and a further $20,595 has been allocated to Sponsorship applications.

Consultation

Not applicable.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

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

Strategic Objective 1: Vibrant communities:

 

1.3 A vibrant, healthy and inclusive community.

1.4 Thriving town centres, rural and remote communities.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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

LEGAL

Successful applications for level two, three and four sponsorship are required to enter a sponsorship agreement to ensure funding is appropriately spent.

POLICY IMPACTS

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

CONFLICT OF INTEREST DECLARATION

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

 

 

 


  Council

Meeting Agenda - 13 December 2017

 

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Meeting Agenda - 13 December 2017

 

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  Council

Meeting Agenda - 13 December 2017

 

11.    Thriving Economy

11.1    Consideration of new appointment to the Business Advisory Board

Business Development Officer

Directorate:  Planning and Economic Development

 

Ward:         

 

Appendix:    

       

 

purpose

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

REcommendation

That Council co-opt Ms Teresa Mitchell to the Business Advisory Board as an independent skill based member for a 12 month period.

 

 

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 Teresa Mitchell as an additional representative to be co-opted by the Board as an independent skills based member.

·    Teresa Mitchell has been involved in the business community in Baw Baw Shire for a number of years both running her own business and supporting other businesses. She is the current president of the Warragul Business Group.

Triple Bottom Line Implications

COMMUNITY IMPACT

There are no community impacts associated with this report.

ENVIRONMENTAL IMPACT

There are no environmental impacts associated with this report.

FINANCIAL IMPACT

There are no finical impacts associated with this report.

Consultation

The Business Advisory Board were consulted as an advisory committee to Council.

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 2017-2021:

Strategic Objective 2:          Thriving Economy

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

 

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

This report will be considered under the Charter of Human Rights and Responsibilities. Amendments will be recommended to ensure compatibility if required.

LEGAL

There are no legal 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 Agenda - 13 December 2017

 

 

11.2    Baw Baw Shire Business Excellence Awards

Business Development Officer

Directorate:  Planning and Economic Development

 

Ward:         

 

Appendix:     1 attachment

       

 

purpose

To seek Councils approval for the Business Awards working group to run the Business Awards program in 2018 and to provide $10,000 sponsorship to the Business Awards working group for the major sponsorship of the 2018 business awards.

REcommendation

That

1.   Council approve the working group to run the 2018 Business Awards program and provide a major sponsorship contribution of $10,000 with the understanding that the working group will need to provide a report back to Council acquitting how the sponsorship dollars were spent; and

2.   That a report will be provided to Council in 2018 discussing whether Council will continue to support the awards either internally or externally into the future.

 

 

 

Key POINTS/Issues

·    At its Council meeting on Wednesday 24 May Council moved to:

“Support the Business Advisory Board’s (BAB) recommendations to review the Baw Baw Shire Business Excellence Awards Program through the working group established by members of the BAB; and to consider the recommendations made by the working group as to the future directions of the awards”.

·    A working group has been established encompassing members of the BAB and members of the general business community who have had a stake in the awards in the past.

·    The group working group has made the following recommendations relating to the Business Excellence Awards, which has been supported by the BAB:

o The Business Awards should continue and to be renamed to “Celebration of Baw Baw” or something similar;

o The Current Business Awards working group will develop and execute the Gala and Awards (other members may be included as appropriate) – clarify that this group will be the ‘owner’ of the Awards in place of Baw Baw Shire Council (BBSC);

o BBSC to financially underwrite year 1 to the same level as previous years, and then to provide an ongoing commitment after year 1 as a major stakeholder/sponsor;

o BBSC to provide access to Smarty Grants software program if it is deemed appropriate to run the Award submissions and assessments through it;

o BBSC to provide access to their distribution channels and past sponsors information;

o Working Group to engage the business community in considering and reviewing Awards categories and application process to make it simpler;

o Working Group to consider promotion and sponsorship opportunities; and

o Proposed date of the next Awards – 16 November 2018.

·    Based on these recommendations the group has put together a proposal and is seeking a financial contribution from Council for the major sponsorship of the event for $10,000. The details of their requests and proposal for running the event can be found in attachments 1.

·    The group has met with Officers and have been provided with information on the previous process for the awards and officers will be available to assist with further information.

Triple Bottom Line Implications

COMMUNITY IMPACT

There are no community impacts associated with this report.

ENVIRONMENTAL IMPACT

There are no environmental impacts associated with this report

FINANCIAL IMPACT

·    There will be an initial $10,000 cost for Council to be the major sponsor for these awards which already sits in the Economic Development Budget.

·    There may be future sponsorship requests from this group to run the 2018 awards if income is insufficient to meet expenditure needs however the working group have many ideas to mitigate this need.

Consultation

The Business Advisory Board and members of the business community have been consulted in the preparation of this report.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This Baw Baw Shire Business Excellence Awards report assists with the achievement of the key strategic objective as set out in the Council Plan 2017-2021:

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 Baw Baw Shire Business Excellence Awards report will be considered under the Charter of Human Rights and Responsibilities. Amendments will be recommended to ensure compatibility if required.

LEGAL

There are no legal impacts 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 Agenda - 13 December 2017

 

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  Council

Meeting Agenda - 13 December 2017

 

12.    Safe and Sustainable Environments

12.1    21809CT: Upgrade of Labertouche North Road and Labertouche Road Blackspot Improvements

Project Engineer

Directorate:  Community Assets

 

Ward:          West

 

Appendix:    

      

 

purpose

For Council to consider awarding two contracts for Tender 21809CT: Upgrade of Labertouche North Road and Labertouche Road Blackspot Improvements

REcommendation

That Council:

 

1.   Accept the revised conforming tender submitted by:

a.   Ace Earthmoving (ABN 43 105 360 692) for Tender 21809CT A:  Upgrade of Labertouche North Road for the total sum of $1,453,404.14 (excluding GST)

b.   McInnes Earthmoving (ABN 73 134 195 207) for Tender 21809CT B: Labertouche Road Blackspot Improvements for the total sum of $310,239.58 (excluding GST);

2.   Allocate $373,917.70 of savings from the following programs to the Upgrade of Labertouche North Road:

a.   $162,283.15 from the Roads to Recovery Program

b.   $160,000 from the 2017/18 Road Resealing Budget

c.   $51,634.55 from the Major Culverts Renewal Budget;

3.   Allocate $130,352.58 from the Roads to Recovery to the Labertouche Road Blackspot Improvements; and

4.   Delegate the Chief Executive Officer to sign the contract documents after they have been completed.

 

 

Key POINTS/Issues

·    This is a lump sum tender which includes the supply of all labour, plant, and materials to complete:

o The upgrade of the remaining 7 kilometres of unsealed road on Labertouche North Road Labertouche to a sealed road standard; and

o Road safety improvement works on Labertouche Road Labertouche between the Tarago River and Jacksons Track

·    Tenders were advertised on Tenderlink and closed on Friday 10 November 2017. Four tenders were received.

·    Tender submissions were assessed in accordance with the evaluation criteria stated in the tender document.

·    Ace Earthmoving Pty Ltd has been evaluated and selected as the preferred tenderer for 21809CT A: Upgrade of Labertouche North Road

·    McInnes Earthmoving Pty Ltd has been evaluated and selected as the preferred tenderer for 21809CT B: Labertouche Road Blackspot Improvements

Triple Bottom Line Implications

COMMUNITY IMPACT

Road users and the wider community will benefit from the road improvement works resulting in a safer road network and reduced dust from passing vehicles.

ENVIRONMENTAL IMPACT

Contract specifications require the development and implementation of an Environmental Management Plan for the works. This plan includes operational controls and procedures to manage all identified impacts and environmental protection actions to be undertaken.

FINANCIAL IMPACT

Labertouche North Road Upgrade

Description – Upgrade of Labertouche North Road

Funds (ex. GST)

2017/18 Council Budget (100614)

$390,000.00

Local Roads to Market Program

$582,000.00

Roads to Recovery Program

$198,000.00

Total Adopted Budget

$1,170,000.00

Expenditure and funds committed to date

$90,513.56

Tender Submitted by Ace Earthmoving Pty Ltd

 

$1,453,404.14

 

Budget Shortfall

$373,917.70

Additional Funding Sources

 

2017/18 Roads to Recovery Program Program

$162,283.15

Savings available from Major Culverts Upgrade (100645)

$51,634.55

Savings from 2017/18 Road Resealing Budget (100610)

$160,000.00

Sub-Total

$373,917,70

Total Available Funds

$1,453,404.14

Tender Submitted by Ace Earthmoving Pty Ltd

 

$1,453,404.14

 

 

Labertouche Road Blackspot Improvements

Description – Labertouche Road Blackspot Improvements

Funds (ex. GST)

2017/18 Council Budget (Blackspot Funding)

$179,887.00

Roads to Recovery Program

$130,352.58

Expenditure and funds committed to date

$0

Total Available Funds

$310,239.58

Tender Submitted by McInnes Earthmoving Pty Ltd

$310,239.58

Consultation

·    Residents and other affected stakeholders have been advised by letter drop and email about the upcoming road works.

·    A community information session regarding the road works was held at the Labertouche Hall on 21 November 2017.

·    The contractor is also required to notify residents/ businesses by letter drop at least seven days prior to commencement of work.


Legal/Council Plan/Policy Impact

COUNCIL PLAN

The upgrade of Labertouche North Road and Labertouche Road Blackspot Improvements 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

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

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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

LEGAL

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

POLICY IMPACTS

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

CONFLICT OF INTEREST DECLARATION

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

 

 

 

 


  Council

Meeting Agenda - 13 December 2017

 

 

12.2    Council to consider orders under the Domestic Animals Act 1994

Acting Manager Building & Regulatory Services

Directorate:  Planning and Economic Development

 

Ward:          All

 

Appendix:     1 attachment

      

 

purpose

For Council to consider making an order for de-sexing cats, curfew of cats and dogs on leash under the Domestic Animals Act 1994 to support the programs and initiatives listed in the Domestic Animal Management Plan 2017-2021.

REcommendation

That, in accordance with the adopted Domestic Animal Management Plan, Council:

1.   resolves that it will not accept any new registrations of a cat unless the cat is de-sexed, or unless the cat is exempt under the Domestic Animals Act 1994 pursuant to section 10A of the Domestic Animals Act 1994;

2.   makes an order that all cats within Council’s municipal district are to be kept securely confined to the owner’s premises always, and not allowed to move at large outside the owner’s premises pursuant to section 25 of the Domestic Animals Act 1994; and

3.   makes an order that all dogs within Council’s municipal district must be restrained by a chain, cord or leash in all public places (other than those in private ownership), except for ‘Designated Off Leash Areas’ pursuant to section 26(2) of the Domestic Animals Act 1994.

 

Key POINTS/Issues

·    The Domestic Animal Management Plan 2017-2021 was adopted by Council at the Ordinary Meeting 25 October 2017.

·    As part of the Domestic Animal Management Plan there was a requirement to undertake a review of existing orders made under the Domestic Animals Act 1994 and Local Law.

·    It was identified that to support the implementation of the Domestic Animal Management Plan 2017-2021 there is a requirement to make orders through a standalone Council resolution.

·    The review identified that new orders under the Domestic Animals Act 1994 are required to complement the existing Local Law with respect to the following matters:

o Mandatory cat de-sexing;

o 24-hour cat curfew; and

o Dogs on leash within the municipal district.

·    Under the Domestic Animals Act 1994 there are several exemptions associated with any declaration for the mandatory desexing of cats prior to the animal being registered or having their registration renewed by Council. These exceptions include:

o a cat that is owned by a person or body that conducts a domestic animal business under which cats are bred and the cat is used for breeding purposes in connection with that business;

o a cat that is owned by a person who is a current member of an applicable organisation and the cat is registered with that organisation; and

o a cat that is the subject of written veterinary advice that the health of the cat is liable to be significantly prejudiced if it is desexed.

Triple Bottom Line Implications

COMMUNITY IMPACT

The Domestic Animal Management Plan 2017-2021 with specific reference to cat curfews, cat de-sexing, and dogs on leash will;

Ø  Protect the community and the environment from feral cats and wandering dogs;

Ø  Encourage responsible pet ownership;

Ø  Reunite owners with their pets as quickly as possible; and

Ø  Deliver animal welfare services in accordance with community expectations.

ENVIRONMENTAL IMPACT

The implementation of the Domestic Animal Management Plan will promote animal welfare, the responsible ownership of animals and the protection of flora and fauna within Baw Baw Shire.

FINANCIAL IMPACT

Nil

Consultation

The Domestic Animal Management Plan 2017-2021 went through community consultation with key stakeholders, veterinary clinics and local animal rescue groups.  A Have Your Say campaign also assisted with collecting feedback on the plan. This plan was adopted by Council of 25 October 2017.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

The programs and initiatives of the Domestic Animal Management Plan 2017-2021 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

3.1      Protecting and sustainably managing Baw Baw’s environment.

3.3      Community Safety and Protection.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

The implementation of the Domestic Animal Management Plan 2017-2021 and the making of Orders under the Domestic Animals Act 1994 have been reviewed under the Charter of Human Rights and Responsibilities and is considered compatible.

LEGAL

Legal advice has been received from Council’s solicitors who have provided advice relating to the requirements of making orders through a standalone Council resolution under the Domestic Animal Act 1994.

POLICY IMPACTS

The Orders associated with cat curfew, cat de-sexing, and dogs on leash are part of the implementation of the Domestic Animal Management Plan 2017-2021.  The plan gives Council the opportunity to monitor the progress of actions, the effectiveness of current policies and Orders, and arrange further improvements to promote and facilitate responsible animal management programs on a regular basis.

CONFLICT OF INTEREST DECLARATION

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

 

 

 


  Council

Meeting Agenda - 13 December 2017

 

Council Motion

 

Order made under the Domestic Animals Act 1994

 

Moved:

 

Seconded:

 

 

That Council,

1. Pursuant to section 10A of the Domestic Animals Act 1994 resolves that it will not accept any new registrations of a cat unless the cat is de-sexed, or unless the cat is exempt under the Domestic Animals Act 1994 or by virtue of this Resolution from any requirement to be de-sexed.

2. Pursuant to section 10B(1)(f) of the Domestic Animals Act 1994, resolves that the following clauses of cat are exempt from registration;

a)   A cat that was, or had been, registered with Council before XX December 2017; and

 

b)   A cat that is less than 6 months old.

 

3. Pursuant to section 25 of the Domestic Animals Act 1994, makes an order that all cats within Council’s municipal district are to be kept securely confined to the owner’s premises at all times, and not allowed to move at large outside the owner’s premises.

4. Authorises Council’s Community Compliance Coordinator to publish notice of these Resolutions and Orders in the Victoria Government Gazette and a newspaper circulating generally in Council’s municipal district as required by section 26(3) of the Domestic Animals Act 1994.

 

 


  Council

Meeting Agenda - 13 December 2017

 

 

12.3    Road Opening Request 400 Longwarry Drouin Road, Drouin

Property Management Coordinator

Directorate:  Corporate and Community Services

 

Ward:         

 

Appendix:     1 attachment

       

 

PUrpose

For Council to consider a request to open an unmade and unused Government Road located on the border of Drouin and Longwarry.

  REcommendation

That Council:

1.   Instruct officers to meet with the neighbouring property owners, informing them of the request and potential impact on them.

2.   Enter into a Section 173 Agreement with the purchaser over the subject property which imposes the following conditions;

a)    Construct and maintain the road and crossing to an easily trafficable, all weather, formed surface (Australian standard as minimum);

b)    Meet all vegetation removal, disposal and associated planning permit, and building permit application costs;

c)    Meet the cost of all legal and associated expenses;

d)    Fence the roadside boundaries where required to fully contain the road outside the neighbouring properties;

e)    Not fence across or otherwise obstruct the road, nor restrict access to neighbouring properties and;

f)     All items must be carried out to Councils satisfaction

     (Items 1 and 2 may be done concurrently)        

  3.  Deems the road reasonably required for use by the public and requests DELWP open the road by rescinding the Licences upon the execution of the S173 Agreement by the purchaser.

 

 

Key POINTS/Issues

·    There is an unmade and unused government road on the border of Longwarry and Drouin, which is located between 400 Longwarry Drouin Road Drouin and 340 Longwarry Drouin Road Longwarry.

·    As a Government Road, Council cannot sell the road or issue Licenses over it. Council does however have responsibility under the Local Government Act to maintain the road and does have powers to discontinue or open the road.

·    Officers received a request from the purchaser of 400 Longwarry Drouin Road Longwarry to open the road and provide direct access to the property being purchased which otherwise would be landlocked.

·    Some years ago, the road was formally identified by Council as not required for public use which enabled DELWP to issue Licenses over portions of the road to abutting property owners. Consequently, there are now three DELWP Licenses in place along this length of road with separate parties.

·    The road is currently fenced within the boundary of neighbouring properties and is treed in some sections.

·    To open the road, a resolution by Council that determines the road is reasonably required for public use is needed. This resolution will deem Council then responsible to keep the road open for public use and arrange for the removal of any obstacles under the Land Act 1958.

·    Once resolved, DELWP will rescind two of the Licenses held by neighbouring property owners over the road and each property owner will need to fence the boundary of their property. These are approximately 405 and 250 metre lengths respectively.

·    Whilst no legal obligation exists to consult, it would be prudent to discuss and inform the neighbouring property owners of the request and how the outcome will impact them.

·    The remaining Licence is held by the vendor of the land and will transfer to the purchaser upon sale.

·    Extensive consultation has occurred with the purchaser, DELWP and the Public Land Consultancy in regard to creating a legal point of access to the property. Council officers advised the prospective purchaser that the neighbouring property owners should be informed.

·    The contract for sale is dependent on the road opening. In a copy of the contract of sale provided to officers, there is a condition for the Permanent Road Access to be provided to the subject property within 12 months of the date of the contract being 6 July 2018.  

Triple Bottom Line Implications

COMMUNITY IMPACT

There will be an impact for three abutting properties and two of those will lose the grazing licence that they have with DELWP. Fencing of the road boundaries will be required. There is a loss of some vegetation on the road which will be used for access by the proposed new owner of 400 Longwarry Drouin Road Longwarry.

ENVIRONMENTAL IMPACT

Removal of vegetation will require a planning permit application to be made and may require offsets.

FINANCIAL IMPACT

Council has incurred costs in seeking advice on this matter. Council has no way of recouping the costs of officer time spent on this matter.

Consultation

Neighbouring property owners should be advised and provided the opportunity to understand the direct impact on them that this request may have.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This request 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.

3.1 Protecting and sustainably managing Baw Baw’s environment and efficient roads, transport and parking.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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

LEGAL

Council needs to follow the procedures set out in the Local Government Act 1989, Land Act 1958 and Road Management Act when dealing with road discontinuance and opening matters. These Acts have all been considered in the context of this report.

POLICY IMPACTS

Council does not have a policy in relation to road discontinuance or opening.

CONFLICT OF INTEREST DECLARATION

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

 

 

 

 

 

 

 

 


  Council

Meeting Agenda - 13 December 2017

 

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13.    Organisational Excellence

13.1    Public Lighting - Procurement Australia Contract 1906-0625

Procurement Coordinator

Directorate:  Corporate and Community Services

 

Ward:         

 

Appendix:    

       

 

purpose

To approve the Contract for Public Lighting currently provided through MAV Procurement, expiring 31 December 2017, to be moved to the Procurement Australia (PA) Contract that is being extended initially until 31 December 2018 with a possible further one year extension until 31 December 2019.

REcommendation

That Council endorse the tender evaluation recommendation from Procurement Australia to accept the Tender submitted by AGL for Public Lighting for a Schedule of Rates Contract.

 

 

Key POINTS/Issues

·    Baw Baw Shire Council spends $244,000 per annum on provision of Public Lighting electricity consumption (Retailer – ERM Business). The current contract provided through the MAV is due to expire on the 31 December 2017. The MAV proposes to re-tender for these services however within the current market it is likely that Council will be subject to significant price rises should it sign on to the new MAV tender and subsequent contract.

·    A current market analysis has been completed by Council Officers comparing both the proposed tender by MAV and the current Procurement Australia contract. The current Procurement Australia offers lower tariffs than what is likely to be proposed by the new MAV contract. The current Procurement Australia offer is similar to the existing MAV electricity contract in terms of unit charge rates for electricity, therefore there will be no significant increase in public lighting electricity contract until 31 December 2018.

·    All of Councils current electricity contracts are under Procurement Australia contracts, therefore signing up to the Procurement Australia contract would align all our contracts under the one organisation, ensuring consistency across the contracts.

Triple Bottom Line Implications

COMMUNITY IMPACT

The new AGL contract through PA will save money in terms of future savings from taking this option.  This will demonstrate to the community a commitment to savings and efficiencies in the operations of Council.

ENVIRONMENTAL IMPACT

Sustainable energy sources (green energy) have been considered as a part of the tender. Council will be given the opportunity to source power through green power with additional cost. The details are yet to be finalised and will be considered when received.

FINANCIAL IMPACT

·    Best Value Principles including quality, cost standards, value for money, community expectations and affordability have been considered.

 

·    The offer from Procurement Australia for Public Lighting would lock in Councils pricing until December 2018 ensuring Council does not endure significant price increases within the next 12 months.

 

·    Attached is the Procurement Australia Tender Recommendation report for Contract 1906/0625 Retail Electricity, Natural Gas and Associated services report which details the process undertaken and rates submitted.

Consultation

·    Procurement Australia has conducted consultation with stakeholders in the preparation of the tender and assessment of the responses. The provides appropriate coverage under s186 of the Act.

Legal/Council Plan/Policy Impact

COUNCIL PLAN

This request 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.

 

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

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

LEGAL

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

POLICY IMPACTS

The Contract aligns with the Baw Baw Shire Council Procurement Policy.

CONFLICT OF INTEREST DECLARATION

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

 

 

 

 

 


  Council

Meeting Agenda - 13 December 2017

 

14.    Notices of Motion

Nil Reports

 

 

 


15.    Committee and Delegates Reports


  Council

Meeting Agenda - 13 December 2017

 

16.    Assembly of Councillors

16.1    Assembly of Councillors Report

Governance Advisor

Directorate:  Corporate and Community Services

 

Ward:          All

 

Appendix:     10 attachments

       

 

purpose

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

REcommendation

That Council receives and notes the Assembly of Councillors records tabled for the period from Friday 17 November – Friday 8 December.

 

Key POINTS/Issues

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

 


  Council

Meeting Agenda - 13 December 2017

 

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Meeting Agenda - 13 December 2017

 


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Meeting Agenda - 13 December 2017

 

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Meeting Agenda - 13 December 2017

 

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Meeting Agenda - 13 December 2017

 

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Meeting Agenda - 13 December 2017

 

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Meeting Agenda - 13 December 2017

 

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Meeting Agenda - 13 December 2017

 

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Meeting Agenda - 13 December 2017

 

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Meeting Agenda - 13 December 2017

 

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17.    Mayoral Minute

 

18.    General Business

18.1 South East Australian Transport Strategy (SEATS) actions

 

That Council:

 

1. Support the South East Australian Transport Strategy (SEATS) petition that was launched in November 2017 advocating for urgent and ongoing funding by the Australian Government due to poor conditions of sections of the Princes Highway East of Sale (Victoria) and Wollongong (New South Wales);

 

2. Actively promote the petition and call for signatures from the community to support the need for urgent and ongoing funding for sections of the Princes Highway for much-needed  road surfacing, shoulders and safety upgrades including aged bridge replacements; and

 

3. Support Baw Baw Shire Council to host one of the quarterly SEATS meetings for 2018 on the 16th and the 17th August.