Minutes of Ordinary Meeting 2 December, 2013...Dec 02, 2013 · Presentation from Crocodile Gold; Agenda review Cr Russell Indirect interest 9.14 on the Council Agenda Yes Cr Hyslop

Northern Grampians Shire Council Minutes of the Ordinary Council Meeting – 4 March, 2013

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Minutes of Ordinary Meeting

2 December, 2013

Northern Grampians Shire Council Minutes of the Ordinary Council Meeting – 2 December, 2013

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MINUTES OF ORDINARY MEETING OF THE COUNCIL HELD AT 6.15PM ON 2 DECEMBER, 2013 IN THE COUNCIL CHAMBER, TOWN HALL, ST ARNAUD

PRESENT Cr Kevin Erwin (Mayor) Cr Tony Driscoll Cr Murray Emerson Cr Karen Hyslop Cr Merrilee Reid Cr Paul Russell Mrs Justine Linley, Chief Executive Officer Mr Vaughan Williams, Director Corporate Services Mr Jim Nolan, Director Marketing & Community Development Mr Sanjay Manivasagasivam, Director Infrastructure & Environment

AFFIRMATION

We recognise the traditional owners of the land;

We are inspired by the early pioneers and by those who gave their lives for our country;

We now ask God‟s blessing on our deliberations and on our commitment to build a better lifestyle and environment.

BUSINESS

1. APOLOGIES

An apology was received from Cr Wayne Rice MOVED : CR M EMERSON SECONDED : CR K HYSLOP ‘THAT THE APOLOGY BE RECEIVED AND LEAVE OF ABSENCE

GRANTED.’ CARRIED 2. CONFIRMATION OF MINUTES

Ordinary Meeting held on 6 November, 2013

Special Meeting held on 28 November, 2013 MOVED : CR M EMERSON SECONDED : CR K HYSLOP ‘THAT THE MINUTES AS LISTED, COPIES OF WHICH HAVE BEEN

CIRCULATED, BE CONFIRMED AND ADOPTED.’ CARRIED


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3. MATTERS ARISING FROM THE MINUTES Nil.

TABLE OF CONTENTS

4. PRESENTATIONS/AWARDS ........................................................................... 5

5. PRESENTATION OF PETITIONS AND JOINT LETTERS .............................. 5

5.1 Petition – Location of Charity Bin ....................................................................... 5

6. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST ......................................................................................................... 7

7. ASSEMBLIES OF COUNCILLORS ................................................................. 7

8. ITEMS BROUGHT FORWARD ........................................................................ 8

9. CONSIDERATION OF REPORTS OF OFFICERS ........................................... 8

9.1 Wimmera Leadership Program .......................................................................... 8

9.2 Economic Development Progress Report ........................................................ 11 9.3 Halls Gap Tourist Resort Town Project ............................................................ 14

9.4 Land Development Strategy ............................................................................ 17 9.5 Stawell Community Recreation Committee ...................................................... 19 9.6 Walkers Lake ................................................................................................... 21

9.7 Waterway Rules for Lake Fyans and Lonsdale ................................................ 24 9.8 Community Photography Project ..................................................................... 33

9.9 Lighting the Regions Streetlight Upgrade – LED Option .................................. 35 9.10 Planning and Building Activity Report .............................................................. 42 9.11 Setting of Council Meeting Schedule 2014 ...................................................... 48 9.12 Appointment of Committee Delegates 2014 .................................................... 49 9.13 Procurement Policy .......................................................................................... 51

9.14 Review of Pending Planning Overlay Amendments ......................................... 53 9.15 Reconstruction and Bituminous Sealing of Hemley Court, Halls Gap. ............. 59

10. NOTICES OF MOTION OR RESCISSION ...................................................... 62

10.1 Notice of Motion 2/2013 ................................................................................... 62

11. REPORTS FROM COUNCILLORS/COMMITTEES ........................................ 62

12. URGENT BUSINESS ...................................................................................... 63

12.1 Lake Lonsdale ................................................................................................. 63

13. PUBLIC QUESTION TIME ............................................................................. 65

14. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL GOVERNMENT ACT 1989 .............................................................................. 65

14.1 Contract No. C5 2013/2014- Supply & Implementation of Asset Management and Customer Request Management Software ............................................... 65


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14.2 Contract No. C18 2012/2013- Supply of Gravel (Unsealed) Pavement Materials (2nd & Final Extension) ..................................................................................... 65

14.3 Contract No. C12 2013/2014- Supply & Delivery of Trucks, Plant & Equipment ......................................................................................................................... 66

15. CLOSE ........................................................................................................... 67


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4. PRESENTATIONS/AWARDS

Nil.

5. PRESENTATION OF PETITIONS AND JOINT LETTERS

5.1 Petition – Location of Charity Bin

[09 02 402A] [Justine Linley, Chief Executive Officer] Purpose The purpose of this report is to receive a petition requesting that Council investigate the placement of a collection bin in McMahon Street, St Arnaud.

Council Plan Objective/Strategy This report is consistent with the Council Plan Objective 2 – delivered targeted projects and core services.

Background A petition has been received with 10 signatures. The petition seeks to have the collection bin that has been placed at street level at the rear of the Laundromat in McMahon Street, St Arnaud relocated, due to concerns about the dumping of rubbish outside the bin when full. The petition asks that Council investigate relocation of the bin away from a residential street. A copy of the petition has been circulated to Councillors separately. Issue/Discussion Council‟s meeting procedure Local Law specifies that a petition or joint letter presented to the Council must lay on the table until the next ordinary meeting of the Council and no motion, other than to receive the petition or joint letter, may be accepted by the Chairperson, unless the Council unanimously agrees to deal with it earlier.

The Local Law also provides that where a petition or joint letter has been allowed to lay on the table, the Chief Executive Officer may refer it to the appropriate officer for a report prior to it next being considered by Council, as deemed appropriate by the Chief Executive Officer in his discretion.


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Financial Implications Not applicable at this stage. Risk/Amenity/Environmental/Social Implications The extent of the exposure to risk will be determined as the matter is investigated. Community Consultation No consultation has been undertaken at this stage.

Officer Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Chief Executive Officer – Justine Linley In providing this advice as the Chief Executive Officer, I have no disclosable interests in this report. In providing this advice as the Author, I have no disclosable interests in this report. Conclusion It is suggested that the petition be received and allowed to lay on the table and in accordance with the meeting procedure Local Law, and that the matter be further considered by Council officers. Officer’s Recommendation That : 1. the petition be received; and 2. the subject of the petition be investigated and reported to a subsequent

Council meeting. MOVED : CR T DRISCOLL SECONDED : CR M EMERSON ‘THAT: 1. THE PETITION BE RECEIVED; AND 2. THE SUBJECT OF THE PETITION BE INVESTIGATED AND

REPORTED TO A SUBSEQUENT COUNCIL MEETING.’ CARRIED


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6. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST

Nil.

7. ASSEMBLIES OF COUNCILLORS

[01 02 003A] [Justine Linley, Chief Executive Officer]

Section 80A of the Local Government Act 1989 requires that the written record of an assembly of Councillors is, as soon as practicable, reported at an ordinary meeting of the Council and incorporated in the minutes of that Council Meeting. The records for the period since the last ordinary Council meeting are listed below.

Date Description Matter/s considered Conflict of interest disclosures

Councillor / Officer making

disclosure

Item No. Left meeting

Y/N

28/10/2013 Agenda Review Briefing November Council Agenda

Cr Russell Indirect interest 8.1 Yes

Cr Hyslop

Conflicting Personal interest 14.1 yes

6/11/2013 Civic Engagement Briefing

Presentation from Crocodile Gold; Agenda review

Cr Russell

Indirect interest 9.14 on the Council Agenda Yes

Cr Hyslop

Conflicting personal interest 14.1 on the Council Agenda yes

6/11/2013 Walkers Lake Advisory Group Meeting on site at Walkers Lake n/a n/a n/a

11/11/2013 Strategic reports Briefing

Assets and Community request system; Bendigo Community Bank n/a n/a n/a

14/11/2013 Walkers Lake Advisory Group n/a n/a n/a

15/11/2013 Meeting

Presentation from Crocodile Gold; Discussion of waterway rules for Lakes Lonsdale and Fyans n/a n/a n/a

18/11/2013 Eco Dev/Planning taskforce briefing

Municipal Strategic Statement (MSS) and Review; Municipal Planning Overlay Amendments; Economic Development & Planning Report; Draft Procurement Policy n/a n/a n/a


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MOVED : CR K HYSLOP SECONDED : CR M EMERSON ‘THAT THE REPORT ON ASSEMBLIES OF COUNCILLORS HELD SINCE

THE LAST MEETING BE APPROVED.’ CARRIED

8. ITEMS BROUGHT FORWARD

Nil

9. CONSIDERATION OF REPORTS OF OFFICERS

IMPROVED SOCIAL AND ECONOMIC VIABILITY OF THE SHIRE

9.1 Wimmera Leadership Program

[08 03 041A] [Justine Linley, Chief Executive Officer] Purpose To provide a report on the Leadership Wimmera Program, the successful

completion of the 2013 program by Councillor Karen Hyslop and a call for nominations for the 2014 program.

Council Plan Objective/Strategy Council Plan 2013 – 2017: Strategic Objective, Improved social and economic

viability of the shire. Background

Annually, Leadership Wimmera seeks nominations from candidates from seven Local Government Areas (Horsham Rural City Council, Ararat Rural City Council and the Shires of Northern Grampians, Yarriambiack, West Wimmera, Buloke and Hindmarsh). Established in 2002, and auspiced by the Wimmera Development Association, Leadership Wimmera stimulates, facilitates and sustains regional leadership. Two programs are offered: Business Leaders and Regional Leadership Skills.


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Business Leaders Group This program is designed for key people in supervisory and management roles and business owners. The aim of the program is to build competence, confidence and commitment for business owners and those they lead; to fine tune the culture of an organisation and develop leadership capabilities. The Business Leaders Program delivers clear, tangible economic and employment outcomes by developing the leadership capacity and skills at senior management level to foster regional business success and innovation. Regional Leadership Skills This program is designed to deliver personal and professional growth, develop leadership style and provide the opportunity for aspiring leaders to develop their leadership skills in the workplace and in their communities.

Issue/Discussion In 2013 Cr Karen Hyslop participated in the Regional Leadership Skills Program. The program included:

A three hour evening session introducing participants to Leadership Wimmera, the Board and program facilitators and to give an overview of the year ahead.

A weekend retreat discussing topics including: leadership in the region, communication, effective leadership styles, thinking “outside the square”; goal-setting and decision making.

Five full days of leadership training over a six month period.

Identifying and working on a community or workplace project.

A full day workshop on public speaking and presentation skills. Participants are required to identify, design and implement a leadership project in their workplace. This culminates in presentations where each team reports key findings and recommendations to their project sponsors, Leadership Wimmera Board and participating local government agencies. Cr Hyslop participated in a project that focused on undertaking a Wimmera Public Transport Survey. A copy of the findings and presentation from that project is attached. [Attachment 9.1]

Nominations for the 2014 programs are now open. Further information can be

found on website http://wda.org.au/leadership Financial Implications

Participant fees for the programs for 2014 are $1,100 (inc. GST) for the Regional Leadership Skills program and $3,300 (inc. GST) for the Business Leaders Group.


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Risk/Amenity/Environmental/Social Implications There are no risk, amenity, environmental or social implications. Service and Asset Management Implications There are no service and asset management implications. Community Consultation There are no community consultation requirements. Officer Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Chief Executive Officer – Justine Linley In providing this advice as the Chief Executive Officer, I have no disclosable interests in this report. In providing this advice as the Author, I have no disclosable interests in this report.

Conclusion Encouraging the involvement of members of our community in either of the

Leadership Wimmera programs complements Council‟s vision for the improved social and economic viability of the Shire. It is proposed that the programs be promoted to people in the Shire and that as part of the Council‟s Business Assistance Program and Community Development Program a sponsorship for one community member and one business be provided to cover the participant fees in 2014.

Officer’s Recommendation That Council: 1. notes the successful completion of the 2013 Regional Leadership Skills

program by Cr Karen Hyslop; 2. promotes and encourages participation in the 2014 program; and 3. provides sponsorship of one community member in the 2014 Regional

Leadership Skills Program and one business representative in the 2014 Business Leaders Group.


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MOVED : CR K HYSLOP SECONDED : CR P RUSSELL ‘THAT COUNCIL: 1. NOTES THE SUCCESSFUL COMPLETION OF THE 2013

REGIONAL LEADERSHIP SKILLS PROGRAM BY CR KAREN HYSLOP; AND

2. PROMOTES AND ENCOURAGES PARTICIPATION IN THE 2024 PROGRAM.'

CARRIED

9.2 Economic Development Progress Report

[08 01 001A] [Jim Nolan, Director Marketing & Community] Purpose To provide a progress report on the activities of the Business Services Unit. Council Plan Economic Strategy- We will develop the local economy and increase the

diversity of industry in the Northern Grampians Shire. Background Northern Grampians Shire Council (NGSC) recognises that Economic

Development is one of Council's key priorities for the future viability of the municipality. The development of key industry sector plans, builds on Council and community objectives to achieve the desired outcomes of economic development within the Shire.

The Business Services Unit actively promotes business and industry

development across the shire and is supported by a range of key objectives which see the staff:

- Working on initiatives to attract investment, business and new residents

to the Shire - Fostering existing businesses and encourage business growth - Providing information to businesses so that they are equipped to succeed - Facilitating meetings between businesses and Council departments

including planning, building and environmental health - Providing targeted assistance under the Business Assistance Scheme that

will result in employment and investment opportunities.


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Issue/Discussion

The Business Services Unit has focused its attention to nurture confidence, support business expansion and provided a business friendly environment to achieve positive outcomes for the Northern Grampians Shire and its business community.

Rural Councils Victoria 2015 Summit

Northern Grampians Shire is the successful applicant to host the annual Rural Councils Victoria Summit in 2015. Following the application process, staff were invited to present to the Rural Councils Victoria Committee where it was officially announced that the 2015 Summit will be held in Halls Gap. The Rural Summit is a key project in Rural Councils Victoria‟s focus on developing sustainable and livable rural communities, and will attract up to 300 Councillors, CEO‟s and Economic Development staff from across Victoria and interstate to Halls Gap in April 2015.

Grampians Regional Cycling & Trails Project Council staff have participated in the Grampians Regional Cycling & Trails

Workshops along with various agencies including RDV, DPCD and the Department of Transport. A report will be compiled to document the projects and initiatives which have been identified in Northern Grampians Shire and will outline the barriers and opportunities for progression of projects as well as the regional or sub-regional opportunities that were explored. It is anticipated that the final report will be completed late in November.

Supporting Existing Business

Northern Grampians Shire Council prides itself on a strong relationship with its business community and, as part of its ongoing support, provides strategic planning and response to environmental, market and economic changes. It also works closely with dynamic business groups such as StawellBiz in Stawell, SCAN in St Arnaud and Halls Gap Tourism in Halls Gap on a wide range of economic development initiatives that support existing businesses and attract new investment.

A summary of some of the work being done with businesses across the Shire:

Business Project

Joinery Business Possible expansion

Accommodation/Restaurant, Stawell

New owners, assistance with new marketing strategy

Honey Producer Assistance with permits to sell locally

Mixed Business Renovations

Café Relocating and expanding


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Business Project

Transfer Station New owners

Recycling Service Relocation

Caravan Park Potential new venture

Attracting New Business While delivering projects that grow and diversify the business community the

Business Services Unit also works one-on-one with businesses and people with a business idea.

Recent New Business from outside NGSC

Business Type Relocated from

Craft Shop Melbourne

Pest Control Business Melbourne

Recent New Business ventures from within NGSC

Business Plans….

Butcher Shop/Deli Remodelling/new business

Bookstore New business

Laundromat New business

Take-Away Food Shop New owners

Transfer Station New owners

New craft/scrapbooking shop New business

Business Assistance Scheme NGSC has developed a Business Assistance Scheme to support local

businesses expanding their operations or new businesses, large and small, to establish in the Shire.

It provides assistance to offset costs associated with rates, permits, rent and

fees incurred as a result of the new development or expansion. The scheme may also include other incentives that provide appropriate assistance to new or expanding businesses.

Financial Implications There is a budget allocation of $30,000 under the Business Assistance

Scheme in the 2013/14 budget. Risk/Amenity/Environmental/Social Implications

There are no environmental or amenity issues for Council.


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Service and Asset Management Implications There are no service and asset management implications for Council. Community Consultation There is no community consultation required. Officer Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Director Responsible – [Jim Nolan] In providing this advice as the Director Responsible, I have no disclosable interests in this report.

Conclusion Northern Grampians Shire Council acknowledges that Economic

Development is one of Council's key priorities for the future viability of the Shire and supports the investment made through the Business Services Unit.

Officer’s Recommendation

That Council notes the officer’s report. MOVED : CR T DRISCOLL SECONDED : CR K HYSLOP ‘THAT COUNCIL NOTES THE OFFICER’S REPORT.’ CARRIED

9.3 Halls Gap Tourist Resort Town Project

[08 01 001A] [Jim Nolan, Director Marketing & Community] Purpose The purpose of this report is to inform Council about the establishment of the

Project Control Group for the Halls Gap Tourist Resort Town (HGTRT) Project and the initial work of the group.

Council Plan Objective/Strategy This report is consistent with the Council Plan 2013-2017, and in particular

Goal 1 – „Improved social and economic viability of the Shire‟ and the Economic Strategy:


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„We will develop the local economy and increase the diversity of industry in the Northern Grampians Shire by: “Developing Halls Gap as a tourist resort town”.

Background Council resolved on 2 September 2013 to establish a Project Control Group

to investigate the development of Halls Gap as a tourist resort town and Cr Russell was appointed as a Councillor representative on the group.

The following people representing business and community interest in Halls

Gap have accepted the invitation to participate in the group: Will Flamsteed (Grampians Tourism), Graeme Parkes (Parks Victoria), Geoff

Watts and Jeff Lovell (Halls Gap Tourism), Bob Adams (business), Paul Turner (Halls Gap Residents and Ratepayers Association), Justine Linley (NGSC) and Jim Nolan (NGSC).

It is intended that others also be co-opted onto the group as needed,

including a representative of the soon to be appointed Committee of Management for the recreation reserve.

The Committee has established terms of references based on the broad

Council objective, and met twice to consider a range of opportunities and barriers to investment in Halls Gap.

Issue/Discussion There has been a considerable amount of work done in the past in planning

for an encouraging investment, This work includes: Northern Grampians Planning Scheme Halls Gap Urban Design Framework NGSC Tourism Sector Plan Halls Gap Business and marketing Plan) Village Well Stawell-Ararat-Halls Gap Triangle – Rural Zone Review Halls Gap Community Plan Furthermore, there has been work done to better investment constraints to

development including: Halls Gap Flood Study Landslide Susceptibility Zoning – Halls Gap Township Other agencies have also undertaken research and carried out planning on

specific matters relevant to the Halls Gap Project, and in particular Grampians Tourism is currently preparing a destination Management Plan for the Grampians which seeks to identify and develop opportunities for future investment.


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In the context of the above work, the Planning Control Group has sought to investigate specific land parcels which are considered to have strategic importance for development. It is intended that the group research aspects of the specific areas of land, both public and private, and in conjunction with relevant land owner/manager develop a strategy for each site.

It is intended that Council and the community be kept updated on the

progress of this project during 2014. Financial Implications N/A Risk/Amenity/Environmental/Social Implications N/A Service and Asset Management Implications N/A Community Consultation N/A Officer Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Director Responsible – [Jim Nolan] In providing this advice as the Director Responsible, I have no disclosable interests in this report. Author – [Jim Nolan] In providing this advice as the Author, I have no disclosable interests in this report.

Conclusion A project control group has been established to investigate the development

of Halls Gap as a Tourist resort town and this report provides an outline of the group and the focus of that future investigation.

Officer’s Recommendation That Council endorses the establishment of the Project Control Group and the

focus of the investigation work to be undertaken as outlined in this report.


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MOVED : CR P RUSSELL SECONDED : CR T DRISCOLL ‘THAT COUNCIL ENDORSES THE ESTABLISHMENT OF THE PROJECT

CONTROL GROUP AND THE FOCUS OF THE INVESTIGATION WORK TO BE UNDERTAKEN AS OUTLINED IN THIS REPORT.’

CARRIED

9.4 Land Development Strategy

[08 01 069A] [Jim Nolan, Director Marketing & Community] Purpose The purpose of this report is for Council to formally endorse a land

development strategy. Council Plan Objective/Strategy This report is consistent with the Council Plan 2013-2017 and in particular: Goal 1 – Improved social and economic viability of the Shire. Background Council considered an economic development report at the Council Meeting

on 3 June 2013, which provided observations about the Northern Grampians Shire economic climate and identified key initiatives for Council to improve the long term economic outcomes in line with the Council Plan 2013-2017.

One of those initiatives which Council resolved was to prepare a land

development strategy to provide a targeted approach to stimulate industrial, residential and commercial land development in the Shire.

Council has also adopted the following key strategic objective (KSA) to be

reported in the 2013/2014 Annual Report.

Strategic Activity Performance Measure Performance Target

Develop a Land Development Strategy in order to identify opportunities for residential, commercial and industrial development throughout the Shire.

Time: Develop Land development Strategy within timeframe. Quality: Identify development opportunities within each land classification

June 2014 ≥2


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Issue/Discussion Following further discussion on the matter at various Councillor briefings, a

targeted land development strategy has been prepared [Attachment 9.4]. The Strategy focuses on the following key land areas:

Stawell West Industrial Precinct Planning – Planning for the long term infrastructure needs of this area will assist in seeking funding and attracting investment for industry.

St Arnaud Industrial Land – the existing industrial zoned land has a mix of existing uses. The strategy seeks to maximise opportunities for vacant land and under developed land in this zone.

Sloane Street residential land – the strategy seeks to develop Council owned land for residential use to meet a growing demand for housing.

Darlington residential land – the strategy seeks to develop this public land for residential purposes once its existing use for mining purposes is ended.

Infill Residential development – the strategy seeks to encourage infill development and to remove barriers currently preventing residential development, including remediation of potentially contaminated sites.

Commercial – the strategy seeks to remove barriers to have suitable land in commercial zones to be developed particularly in Halls Gap.

The extent to which the above can be determined will very much depend on Council resources, grant funding and investment, as well as changes in the broader economy and demand.

Financial Implications Matters relating to the implementation of the strategy will be subject to

separate Council budget consideration. Risk/Amenity/Environmental/Social Implications N/A Service and Asset Management Implications N/A Community Consultation Consultation with numerous land owners and stakeholders will be necessary

as the strategy is implemented.


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Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Author and Director Responsible – [Jim Nolan] In providing this advice as the Author and Director Responsible, I have no disclosable interests in this report. Conclusion

A land development strategy has been prepared which identifies opportunities

to attract investment, commercial and industrial development in the Shire. Officer’s Recommendation That Council endorses the Land Development Strategy 2013-2017. MOVED : CR M EMERSON SECONDED : CR P RUSSELL ‘THAT COUNCIL ENDORSES THE LAND DEVELOPMENT STRATEGY

2013-2017.’ CARRIED

9.5 Stawell Community Recreation Committee

[06 08 042A] [Jim Nolan, Director Marketing & Community] Purpose The purpose of this report is for Council to consider a request for appointment

to fill a vacant position on the Stawell Community Recreation Committee. Council Plan Objective/Strategy This report is consistent with the Council Plan 2013-2017 and in particular: Social, Community and Environment Strategy: "we will provide safe and

viable assets and services to improve the quality of life for residents” Background The Stawell Community Recreation Committee is a special committee of

Council established under Section 86 of the Local Government Act 1989.


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Council‟s Instrument of delegation to the Committee provides for a membership of six members comprising two members to be appointed by Council from the Stawell community and four nominated from the user bodies of the Reserves. Currently, Council has one vacant „user body‟ representative position.

Following a recent site meeting at the North Park Netball Courts between

Council representatives and representatives from the Stawell Interchurch Netball Association, the Association was encouraged to consider a nomination for a position on Council‟s special committee.

Council has since received a request by Kelly Cosson, President of the

Stawell Interchurch Netball Association to be appointed to the committee. Issue/Discussion A meeting of the Committee is scheduled to take place prior to Council

considering the request by Kelly Cosson, and it is intended to seek any feedback from the other user body representatives.

However, the vacancy has existed for some time, the netball association is a

significant user group at North Park, and it is considered that Kelly Cosson would make a valuable contribution to the committee. Council‟s support for the appointment is therefore recommended for a period ending 31 October 2017, in line with other member appointments.

Financial Implications N/A Risk/Amenity/Environmental/Social Implications N/A Service and Asset Management Implications N/A Community Consultation Feedback from the other user body representatives is intended to be sought

on the matter prior to Council deciding on the appointment. Officer Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Director Responsible – [Jim Nolan]


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In providing this advice as the Director Responsible, I have no disclosable interests in this report. Author – [Jim Nolan] In providing this advice as the Author, I have no disclosable interests in this report.

Conclusion A vacancy currently exists for a user body representative on the Stawell

Community Recreation Committee. A request has been made by Kelly Cosson as President of the Stawell Interchurch Netball Association and it is recommended that Council appoint Kelly Cosson to the vacant position.

Officer’s Recommendation That Council appoints Kelly Cosson as a user body representative on the

Stawell Community Recreation Committee for the period ending 31 October 2017.

MOVED : CR M EMERSON SECONDED : CR M REID ‘THAT COUNCIL APPOINTS KELLY COSSON AS A USER BODY

REPRESENTATIVE ON THE STAWELL COMMUNITY RECREATION COMMITTEE FOR THE PERIOD ENDING 31 OCTOBER 2017.’

CARRIED

9.6 Walkers Lake

[1/9036/12300] [Jim Nolan, Director Marketing & Community] Purpose The purpose of this report is to consider recommendations from the Walkers

Lake Advisory Committee. Council Plan Objective/Strategy This report is consistent with the Council Plan 2013-2017 and in particular:

Social, Community and Environment Strategy- “We will provide safe and usable assets and services to improve the quality of life for residents by: advocacy for the responsible management of lakes and waterway.”

Background Council established a local advisory committee to investigate the suitability of

Walkers Lake as a recreational lake.


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Council based on advice from the committee, resolved on 6 November 2013 to make a submission to the bulk entitlement review advocating for an entitlement for recreation water for Walkers Lake, and to write to the water Minister seeking an allocation of a minimum of 300 megalitres to Walkers Lake in the current filling season for emergency, environmental and recreation purposes.

Subsequently, the Committee met on 14 November 2013 and has made a

number of further recommendations for Council to consider which are contained in the attached minutes of that meeting (and which are still to be confirmed by the Committee) [Attachment 9.6]. Those recommendations include that:-

1. “NGSC write to Minister Peter Walsh to seek GWM water to expedite

installation of the pipe and seek and initial fill allocation of up to 1000 mega litres to Walkers Lake” Given the urgency of the matter, and the earlier resolution of Council, a letter is being prepared for the Minister in line with the subsequent recommendation. Council has not budgeted for the cost of the pipeline or for the supply of water.

2. “NGSC considers the cost for an initial 1000 megalitres of approximately

$22,000 and the ongoing annual top up supply of 300 megalitres of approximately $6600 and who will pay for this supply” Council has not budgeted for this expenditure and ongoing financial implication is a matter for consideration as part of Council‟s budget process.

3. “NGSC write to the Minister advising him of the groups intentions for the

lake considering varying water levels, flora, fauna, passive and active recreation, multiple users and managing a minimal footprint on the Walkers Lake reserve seeking advice on the recommended process and what the future status should be for the reserve.” It is appropriate that Council writes to the relevant Minister seeking advice about the land tenure of Walkers Lake.

4. “NGSC request permission from Parks Victoria to apply for funding for a

boat ramp and submits an application for funding for a boat ramp.” It is appropriate that Council first seeks approval from Parks Victoria as the relevant land manager for the Walkers Lake reserve. Should approval be obtained, and funding successful, consideration should be given to the long term asset management implications of the boat ramp.

Financial Implications There are potential financial implications to consider as described in the body

of the report. Risk/Amenity/Environmental/Social Implications Council has not yet made any decision to assume management responsibility

for Walkers Lake.


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Service and Asset Management Implications There are potential asset management implications to consider in respect of a

new boat ramp as discussed in this report. Community Consultation This report outlines advice provided by the community advisory committee

which was established following public notice in which Council sought nominations from interested person to be part of the committee.


Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Director Responsible – [Jim Nolan] In providing this advice as the Director Responsible, I have no disclosable interests in this report. Author – [Jim Nolan] In providing this advice as the Author, I have no disclosable interests in this report.

Conclusion Based on advice from the community committee and consideration of the

issues raised the following recommendations are made. Officer’s Recommendation That Council considers the recommendations of the advisory committee. MOVED : CR T DRISCOLL SECONDED : CR P RUSSELL ‘THAT COUNCIL : 1. WRITES TO MINISTER PETER WALSH TO SEEK GWMWATER TO

EXPEDITE INSTALLATION OF THE PIPELINE TO WALKERS LAKE AND SEEK AN INITIAL FILL ALLOCATION TO WALKERS LAKE;

2. REFERS THE MATTER OF THE COST OF THE SUPPLY OF WATER FOR WALKERS LAKE TO ITS 2014/2015 BUDGET PROCESS, AND INVESTIGATE FUNDING OPTIONS IN CONSULTATION WITH OTHER GOVERNMENT AGENCIES;

3. WRITES TO THE RELEVANT MINISTER ADVISING HIM OF THE GROUP’S ACTIVITIES AND SEEKS ADVICE ABOUT THE FUTURE STATUS OF THE RESERVE;

4. REQUEST PERMISSION FROM PARKS VICTORIA TO APPLY FOR FUNDING FOR A BOAT RAMP AND SUBMIT AN APPLICATION FOR FUNDING FOR THE BOAT RAMP;


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5. WRITES TO THE COMMUNITY REPRESENTATIVES OF THE ADVISORY COMMITTEE AND THANK THEM FOR THEIR ONGOING CONTRIBUTION AND ENCOURAGE THEM TO CONTINUE TO PARTICIPATE AND PROVIDE ADVICE TO COUNCIL;

6. WRITES TO THE OTHER COMMUNITY MEMBERS WHO NOMINATED FOR THE ADVISORY COMMITTEE AND THANK THEM FOR THEIR ONGOING INTEREST IN WALKERS LAKE.’

CARRIED

9.7 Waterway Rules for Lake Fyans and Lonsdale

[2/9002/17900 & 2/9001/3699] [Jim Nolan, Director Marketing & Community] Purpose The purpose of this report is to consider submissions in respect of proposed

changes to Waterway rules applicable to Lake Fyans and Lake Lonsdale. Council Plan Objective/Strategy This report is consistent with the Council Plan 2013-2017, and in particular:

Social, Community and Environmental Strategy: “We will provide safe and usable assets and services to improve the quality

of life for residents by:

Advocating for the responsible management of lakes and waterways” Background At the Ordinary Council Meeting on 8 April 2013, Council considered a report

on the Waterways Management of Lake Fyans and Lake Lonsdale and resolved as follows:

“That Council:

1. advises Transport Safety Victoria of its intention to give notice of its request to make permanent waterway rules for Lake Fyans and Lake Lonsdale; and

2. subject to any advice by Transport Safety Victoria, undertakes a process in accordance with section 196 of the Marine Safety Act 2010 to give notice and invite submissions in respect of Council’s request for the existing temporary waterway rules of Lake Fyans and Lake Lonsdale to be made permanent.”

Council officers have received advice from and consulted with Transport Safety Victoria (TSV) prior to giving notice in accordance with the Council resolution.


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An exemption was received in September 2013 from the Director, Maritime Safety relating to Section 196 (2) (a) (i) from the requirement to publish in a state-wide newspaper, the notice of the proposed rule changes. In accordance with Section 196 of the Marine Safety Act 2010, a public notice was placed in the Stawell Times News on 1 November 2013 advising the public of the proposed rule changes and inviting submissions up to 5pm on Friday, 29 November 2013. Details of the rule changes were made available on Council‟s website and from Council‟s Customer Service Centre. In addition to the statutory notification, and to ensure relevant stakeholders were informed, a media release was issued and distributed to a range of media, businesses and community groups. Furthermore, two information sessions were held on Monday 18 November at the Lake Fyans Holiday Park. The information sessions were well attended by a total of approximately 50 people and Mr Geoffrey Swanson from TSV was able to provide information relating to the history of the rule development, the regulatory requirements and the safety standards relevant to the waterway rules.

Issue/Discussion A number of issues were raised at the information sessions and there was

general dissatisfaction from the users of the lakes that the proposed rules were unnecessarily restrictive, and a summary of the issues raised include:

The area allocated for unrestricted boating is too small to cater for the number of boats during busy periods.

The proposed rules do not provide for a ski access lane from the shore.

The lack of ski access lane restricts inexperienced or young skiers from participating as they are often unable to do a ski start from deep water.

The rules do not provide designated or restricted areas for swimming only, windsurfing or yachting.

At the public information session, there was also support from a number of individuals to form a working party to assist in working through some of the issues raised and making further recommendations to Council and TSV. At the time of preparing this report, the time for receiving submissions has not yet expired, and it is intended that a copy of all submissions received be circulated to Councillors for consideration on Monday 2 December and a supplementary report provided with recommendations having regard to any issues raised in the submissions or at the information sessions.


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Prior to making any decision on the proposed rules, Council should consider its role as waterway manager and the provisions in the Marine Safety Act 2010 (MSA) in respect of the making of a waterway rule. In particular, Section 184 and 186 of the MSA provides that only the Safety Director may make a rule, and that the role of Council, as the Waterway Manager is limited to requesting the Safety Director to make a rule. The mandatory provisions of the MSA which the Safety Director must consider include:

a) the safety risk, or the nature and level of the safety risk, that the proposed rule is intended to minimise or eliminate;

b) whether there are alternative ways (legislative or otherwise) to address the matter being or to be addressed by the proposed rule;

c) the expected benefits and costs of the proposed rule on those persons likely to be affected by the proposed rule, if made;

The current rules for Lake Lonsdale and Fyans are „temporary‟ rules and

established in 2010 as urgent rules by the director following a long period of drought when water levels were low. At that time, an audit was undertaken which resulted in a low level of compliance because the previous rules were ambiguous and navigational aids and signage either not present or not meeting standard due to the period of inactivity. Vegetation growth and obstacles were also identified impacting on some usage of the lake.

Whilst the temporary rules provided restrictions around the perimeter of the

lakes, an unrestricted speed zone was provided for in the urgent rule in the deep water area of both lakes.

In 2010 and 2011 water levels increased to capacity levels and recreational

use of the lakes has increased. The temporary rules have been extended by TSV several times and these are

the rules that Council has requested to be made permanent. In light of comments received, the following options are provided for Council

to consider: Option 1

a) Request the temporary rules at Lake Fyans and Lake Lonsdale be made permanent without change;

b) Undertake further investigation in respect of possible ski lane(s), extended unrestricted area, and other specific uses such as wind surfing, yachting and swimming.


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Implications of Option 1 include:

Provides for some recreational use including an unrestricted area for skiing.

Does not meet expectations of some user.s

Does not provide ski access from shore.

Congestion and potential safety concern in unrestricted area of Lake Fyans during peak periods.

Option 2

a) Request the temporary rules be amended to provide for an extended area of unrestricted speed zone at Lake Fyans.

b) Request the temporary rules at Lake Lonsdale be made permanent. c) Undertake further investigation in respect of possible ski lane(s) and

other specific uses such as wind surfing, yachting and swimming. Implications of Option 2 include:

Reduced congestion and safer boating in unrestricted area.

Navigational aids and buoys will require alteration or relocation. GPS coordinates will be required for new buoy location.

At lower water levels, the trigger for 5 knot speed on all of Lake Fyans may occur earlier due to water depth less than 1.7m.

Option 3

a) Request that the temporary rules not be made permanent and that the temporary rules lapse at both lakes.

b) Undertake further investigation necessary to inform a new set of rules which provide for a range of recreational use.

Implications of Option 3 include:

The removal of the temporary rule would cause the re-introduction of rules which existed prior to 2010.

It is unlikely that TSV would allow these previous rules to be re-introduced due to their ambiguity, the lack of navigational aids, signage and, due to safety risks.

Further advice on the options available to Council will be provided in the

supplementary report and once submissions have closed. Financial Implications Investigation work referred to in the options above has not been budgeted by

Council. Funding may be sought from TSV for that purpose; however initial enquiries regarding lake survey work indicate costs can be in the order of $25,000.


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Risk/Amenity/Environmental/Social Implications As waterway manager, there are risks to Council should it choose not to

undertake its responsibilities under the MSA. Failure to appropriately control vessel activity on waterways under its authority can result in injury or fatality to users of the lake. Council has received independent legal advice in respect of this matter.

Service and Asset Management Implications Depending on what Council resolves, there may be additional service

requirements in the form of maintenance or enforcement. Community Consultation Consultation has been undertaken as outlined in the report.


Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Director Responsible – [Jim Nolan] In providing this advice as the Director Responsible, I have no disclosable interests in this report. Author – [Jim Nolan] In providing this advice as the Author, I have no disclosable interests in this report. Conclusion

Council‟s previous resolution in respect of making waterway rules at Lake

Lonsdale and Lake Fyans has been acted on, and following public consultation there are a range of options for Council to consider having regard to submissions received and the requirements of the Marine Safety Act.

Officer’s Recommendation A recommendation is to be provided. The Director Marketing & Community provided the following

Supplementary Report which was circulated to Councillors prior to the meeting.

Purpose The purpose of this report is to consider submissions in respect of proposed

changes to Waterway Rules applicable to Lake Fyans and Lake Lonsdale.


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Council Plan Objective/Strategy This report is consistent with the Council Plan 2013-2017, and in particular:

Social, Community and Environmental Strategy “We will provide safe and usable assets and services to improve the quality of life for residents by: Advocating for the responsible management of lakes and waterways.”

Background This report is additional to item 9.7 on the Agenda and provides additional

information in respect of - - work undertaken by a working party established after the public

information session on 18 November 2013 - submissions received up until close of business on 29 November 2013

Following the public information session on 18 November 2013, a small

working party comprising Lake Fyans users and the Manager Community Sustainability, Tony Dark, met to consider issues raised at the information session, and undertook survey work on Lake Fyans to identify obstacles and hazards in the lake and to determine water depth generally around the perimeter of the lake and in the vicinity of the potential ski access lane on the west side of the lake.

The purpose of the work was to determine if the area previously allocated as

unrestricted speed area could be extended, and include a ski access lane having regard to safety and any advice provided by Transport Safety Victoria (TSV).

Mr Geoffrey Swanson from TSV also met with the working party on 28

November 2013 to consider the information gathered by the working party. As a result of this work a map of Lake Fyans has been produced which

provides the basis for an alternative set of rules for Lake Fyans which includes an extended and slightly altered "unrestricted" area, and a ski access lane sufficient for "in" and "out" traffic with reasonable access to the shore. Whilst there are numerous dead trees protruding from the surface in this area, it is understood that these can be signed appropriately and used to direct traffic flow in and out of the ski lane, and still provide adequate clearance for boats.

Whilst this survey and investigation work has been useful to make a case for the temporary rules to be amended while current water levels are high, further work may be required to satisfy TSV in the long term.


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Issue/Discussion Notice was given by Council in accordance with section 196 of the Marine

Safety Act 2010, and submissions were invited up until close of business on 29 November 2013 in respect of the existing temporary waterway rules for Lake Lonsdale and Lake Fyans.

Two submissions were received by Council as follows: Submission A details a number of issues relevant to the existing temporary

rules, and in particular: 1. safety concerns with high usage of the limited unrestricted speed area 2. existing laws and regulations that govern vessel operators provide

adequate control 3. unnecessary restrictions will impact negatively on tourism, and reduced

visitors will impact on the local economy 4. the rules will restrict access to young people from participating in water

sports 5. there are options available to safely control vessels to use access lanes

and provide designated areas for other uses such as swimming 6. comparisons with rules at other lakes

Submission B raises the following

1. consideration of environmental issues 2. support for low speed zone around perimeter of lake to reduce wash 3. consider the health of the Wimmera River, support environmental flows

and not push for water to be kept in Lake Lonsdale. A copy of each submission has been provided to Councillors separately. Financial Implications Initial survey work has been done using local resources at minimal cost to

Council. Should Council choose to seek the existing temporary rules to be extended

and amended, (and subject to TSV agreement) then this will require relocation of some existing buoys, and additional signage and markers to be installed. Local resources could also be used to undertake some of this work to reduce the cost, however there may be additional costs of $2,000 to $5,000.

Additional lake survey and investigation work (to make amended permanent

rules) has not been budgetted by Council. Funding may be sought from TSV for that purpose.


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Risk/Amenity/Environmental/Social Implications As waterways manager there are risks to Council should it choose not to

undertake its responsibilities under the MSA. Failure to appropriately control vessel activity on waterways under its authority can result in injury or fatality to users of the lake.

Council has received independent legal advice in respect of this matter. Service and Asset Management Implications Depending on what Council resolves, there may be additional service

requirements in the form of maintenance or enforcement. Community Consultation Consultation has been undertaken as outlined in the report. Officer Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Author and Director Responsible – [Jim Nolan] In providing this advice as the Author and Director Responsible, I have no disclosable interests in this report.

Conclusion Council has given notice in accordance with section 196 of the Marine Safety

Act 2010, and considered submissions received in response to that notice. Council has consulted with the interested users of the lakes, and carried out investigations at Lake Fyans. The following recommendation is made having regard to the above.

Officer’s Recommendation That Council writes to Transport Safety Victoria and requests:

1. an extension of the current urgent safety rules for Lake Lonsdale and Lake Fyans until 30 September 2014 to enable additional consultation with lake users and increased involvement with land based managers on the adequacy of the proposed rules;

2. the existing temporary rules to be amended to slightly enlarge the current unrestricted speed area for Lake Fyans to take account of increased usage due to higher water levels. The reasons for making this request are:


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1. the existing rules were established at a time when lake levels were at 30% during the drought

2. lake levels are now at approximately 80% 3. Council staff, in partnership with local user groups, have surveyed

and depth sounded the lake to reveal minimum depths of 4meters within the unrestricted zone;

3. the existing temporary rules to be amended to establish an access lane at Lake Fyans adjacent to the Angling Club and marina to enable access to the water for water skiing. The reasons for making this request are:

1. there are existing established directional markers for use at this area

2. the depth of water here is a minimum of 2 to 3 metres 3. water skiing is a popular activity on the waterway and the

establishment of a temporary ski access lane will encourage water skiing in an area established for that purpose and subject to specific waterway rules.

4. Subject to the consent of Transport Safety Victoria in respect of 1, 2 and 3 above, that Council seeks funding to undertake works to enable the rules to be implemented, and to undertake further investigation.

MOVED : CR P RUSSELL SECONDED : CR M EMERSON ‘THAT COUNCIL WRITES TO TRANSPORT SAFETY VICTORIA AND

REQUESTS: 1. AN EXTENSION OF THE EXISTING TEMPORARY RULES FOR LAKE

LONSDALE AND LAKE FYANS UNTIL 30 SEPTEMBER 2014 TO ENABLE ADDITIONAL CONSULTATION WITH LAKE USERS AND INCREASED INVOLVEMENT WITH LAND BASED MANAGERS ON THE ADEQUACY OF THE PROPOSED RULES;

2. THE EXISTING TEMPORARY RULES TO BE AMENDED TO SLIGHTLY

ENLARGE THE CURRENT UNRESTRICTED SPEED AREA FOR LAKE FYANS TO TAKE ACCOUNT OF INCREASED USAGE DUE TO HIGHER WATER LEVELS. THE REASONS FOR MAKING THIS REQUEST ARE :

1. THE EXISTING TEMPORARY RULES WERE ESTABLISHED AT A

TIME WHEN LAKE LEVELS WERE AT 30% DURING THE DROUGHT;

2. LAKE LEVELS ARE NOW AT APPROXIMATELY 80% 3. COUNCIL STAFF, IN PARTNERSHIP WITH LOCAL USER GROUPS,

HAVE SURVEYED AND DEPTH SOUNDED THE LAKE TO REVEAL MINIMUM DEPTHS OF 4 METRES WITHIN THE UNRESTRICTED ZONE;


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3. THE EXISTING TEMPORARY RULES TO BE AMENDED TO ESTABLISH AN ACCESS LANE AT LAKE FYANS ADJACENT TO THE ANGLING CLUB AND MARINA TO ENABLE ACCESS TO THE WATER FOR WATER SKIING. THE REASONS FOR MAKING THIS REQUEST ARE :

1. THERE ARE EXISTING ESTABLISHED DIRECTIONAL MARKERS

FOR USE AT THIS AREA; 2. THE DEPTH OF WATER HERE IS A MINIMUM OF 2 TO 3 METRES; 3. WATER SKIING IS A POPULAR ACTIVITY ON THE WATERWAY

AND THE ESTABLISHMENT OF A TEMPORARY SKI ACCESS LANE WILL ENCOURAGE WATER SKIING IN AN AREA ESTABLISHED FOR THAT PURPOSE AND SUBJECT TO SPECIFIC WATERWAY RULES.

4. SUBJECT TO THE CONSENT OF TRANSPORT SAFETY VICTORIA IN

RESPECT OF 1, 2 AND 3 ABOVE, THAT COUNCIL SEEKS FUNDING TO UNDERTAKE WORKS TO ENABLE THE RULES TO BE IMPLEMENTED, AND TO UNDERTAKE FURTHER INVESTIGATION.’

CARRIED

9.8 Community Photography Project

[01 01 001A] [Jim Nolan, Director Marketing & Community] Purpose The purpose of this report is for Council to consider a proposal for a community photography project to help promote the Northern Grampians Shire and its attractions. Council Plan Objective This report is consistent with the Council Plan 2013-2017 and in particular: Outcome 1. Improving the social and economic viability of the shire. Background Marketing of the Northern Grampians Shire as a great place to live, work, visit and invest, is an integral part of Council‟s economic strategy and this also helps to foster community pride in what we have. Councillors have recently expressed interest in allocating a small amount of funding to encourage the community to take photographs of local assets and points of interest in order to use those photographs for marketing purposes by displaying the photographs in prominent locations across the shire.


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Issue/Discussion Council recently sponsored a photographic competition at the Stawell Agricultural Show which showcased many aspects of life in our region. Whilst this project supported the show event and created interest from photography enthusiasts, the marketing actions were limited. Grampians Tourism recently undertook a spring marketing campaign titled “instagrampians” using the digital social media of Instagram in which visitors to the Grampians have been encouraged to upload their photos of the Grampians onto the instagrampians site with the chance of winning a prize. This campaign has the effect of producing great quality imagery which is accessible worldwide, and promotes the very best of the Grampians as a nature based tourism destination. To date the campaign has resulted in approximately 2500 images being uploaded and tagged with #grampiansinspring on Instagram, and contributing to an increased fan base of over 6700 on the Grampians Tourism Facebook page. Council may wish to consider using digital media to complement a community photographic competition. Financial Implications Council has not allocated any budget for this project Risk/Amenity/Environmental/Social Implications N/A Service and Asset Management Implications N/A Community Consultation Council may wish to consult with the arts community and local photography enthusiasts about the type of project that may achieve the best marketing outcomes. Officer Declaration of Interest Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Director Responsible – [Jim Nolan] In providing this advice as the Director Responsible, I have no disclosable interests in this report.


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Author – [Jim Nolan] In providing this advice as the Author, I have no disclosable interests in this report. Conclusion Council may wish to consider a community photographic project as a means to promote the Northern Grampians Shire. Officer’s Recommendation That Council considers a community photographic project as a means to promote the Northern Grampians Shire.

MOVED : CR K HYSLOP SECONDED : CR M REID ‘THAT COUNCIL CONSIDERS A COMMUNITY PHOTOGRAPHIC

PROJECT AS A MEANS TO PROMOTE THE NORTHERN GRAMPIANS SHIRE.’

CARRIED

9.9 Lighting the Regions Streetlight Upgrade – LED Option

[07 04 0174A] [Kevin Spence, Sustainability Project Coordinator] Purpose To consider cost savings and energy efficiency available by installing Light

Emitting Diode (LED) lamps rather than T5 Fluorescents as originally agreed to through the funded „Lighting the Regions’ Streetlight upgrade project.

Council Plan Objective

The project has the potential to deliver a number of benefits which will contribute to achieving both objectives listed in the Council plan 2013-18, being

1. Improving the social and economic viability of the shire 2. Delivering targeted projects and core services


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Background

In July 2013, the Central Victorian Greenhouse Alliance, Wimmera Mallee Sustainability Alliance and a consortium of 16 local government authorities - including Northern Grampians Shire Council - were successful in securing $5,129,000.00 in funding over 3 years from the Australian Government‟s Community Energy Efficiency Program (CEEP) for a street-lighting upgrade project called Lighting the Regions.

The project had been scoped to replace inefficient 80 watt Mercury Vapour (MV) streetlights with energy efficient twin 14 watt (28 w) T5 type fluorescents. Changing the lighting type would result in actual power savings of about 95.8W to 32Wper lamp. This meant an efficiency gain of about 68% with equivalent savings on the cost of energy consumed. This results in a direct saving to the community through reduced street lighting energy bills being paid by Council.

Northern Grampians Shire Council (NGSC) recognised the potential for mid to long term financial savings through reduction in energy consumption and greenhouse emissions by the use of more energy efficient street lighting. The Council at their Ordinary Council meeting on the 27 August 2009 carried the following motion:

That:

1. Council support in-principle the progressive changeover of 80W Mercury Vapour streetlights with T5 type energy efficient lights, and that replacement proceed as soon as funding is available;

2. any new street lighting installations be T5 type energy efficient lights; and

3. Council advise Citpower and Powercor of the Council decision regarding street lighting.

The total project cost for NGSC‟s part of Lighting the Regions was $345,160, the CEEP funding contribution being $216,600 with $128,560 from Council. Since scoping the project and obtaining the Commonwealth funding the cost of T5 hardware has reduced. Additionally new technology has resulted in the development of Light Emitting Diode (LED) lamps which are more energy efficient and have a longer asset life.

Following development of an individual business case for NGSC by Ironbark Sustainability on behalf of the project consortium, payback on the use of the T5 Fluorescents was calculated at just over three years. Simple Net Savings over 20 years of the project would be $1,422,500.00.

NGSC has 865 eligible lights and expected energy savings amount to almost 255,000kWh/year using the T5 Fluorescents.


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On the basis of these figures, NGSC formally agreed to join the consortium and be part of the project – signing off on both the application and Funding Deed (Note: the Deed vests primary responsibility for delivery of the project with the City of Greater Bendigo who has accepted the role of lead agency on behalf of the consortium members and the increased risks associated with that role.

The cost of T5‟s has reduced since the submission of the application and signing of the Deed. On revised T5 figures, NGSC‟s total financial savings over 20 years would now be more than $1,500,000, with a net present value of approximately $730,000. Council‟s contribution would also reduce to $116,413 under these figures – making the project even more financially attractive.

Since the submission of the application, LED lamps have become an option. It is only possible to use Distributor Network (i.e., in NGSC‟s case, Powercor) approved street lights for any bulk changeover. At the time of application only two Powercor-approved streetlights were available – T5s and Compact Fluorescent Lights (CFLs). LED‟s however are now a viable option that requires consideration in any street lighting change over program.

Powercor has now approved LED light as a „non-standard‟ fitting. Although the original CEEP application was based on a business case for a bulk changeover of T5 street lights, there is enough flexibility within the Lighting the Regions project parameters to allow for the consideration of a partial or a full bulk changeover using the newly approved LED technology. Issue/Discussion

Whilst the upfront cost of an LED bulk changeover is higher than for a T5 changeover (the extra costs required to be funded by Council), there are significant benefits of an LED changeover that Council may wish to consider.

LED lights are more energy efficient than both MV and T5 technology, with T5 delivering a 68% savings on MV and LED a 77% saving on MV. LED also has a much longer life than the others which is expected to lead to significantly reduced Operational Maintenance & Replacement (OMR) charges (on average, $24.12 per lamp as opposed to $34.39 for T5 and $53.51 for MV). For 865 lights, this represents an annual saving of about $8,880.

Once the LED light becomes standard, an OMR charge will be set by Powercor as regulated by the Australian Energy Commission.

The Ironbark Business case prepared for LEDs on fully-funded LEDs paid for by Council up-front, the total project cost rises to $478,795. Council‟s total contribution increases by $151,200 - i.e. from the original $128,560 agreed to at signing to $279,760. Table 1 provides an overview of the cost differences between T5 and LED lights.


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Table 1 Summary of costs

Lighting type

CEEP funding

Required Council contribution

Total project cost

Funding committed by Council (application)

Additional funds required from Council

Estimated simple net savings over 20 years

Estimated pay back

T5 $216,600 * $116,413 $333,013 **$128,560 ($12,147) savings

$1,500,000

3-4 years

LED $216,600 $279,760 $495,760 $128,560 *** $151,200

$2,191,353

5 years

Notes * based on the reduced costs for T5 lamps since submitting the application ** Based on $45,000 approved in 13/14 and an allocation of $83,560 in 14/15 & 15/16 budgets. *** Based on $45,000 required in 13/14 and an allocation of $234,760 in 14/15 & 15/16 budgets.

In preparing the business case, Ironbark has calculated that with the additional savings from LED, the payback period will be approximately 5 years. Simple Net Savings will be $2,191,353 over 20 years based on average maintenance and energy price rises.

Ironbark has also prepared two additional scenarios to illustrate the business case for financing the LED changeover over 5 or 10 years. Whilst financing is an option that allows for the changeover to occur without an upfront cost (i.e. paid for through cost savings), 5 years financing could add an extra $29,000 to the total project cost, and 10 years financing an extra $79,000 to the project cost.

Financial Implications

Council will need to allocate appropriate funds to meet the cost of changeover (whether T5 or LED) in next year‟s (2014-15), and the subsequent 15/16 budget. The Project is scheduled to end by March 2016.

If Council maintains its original commitment to the T5 changeover, a contribution of $116,500 will need to be made over the life of the project. This will realize Simple Net Savings in excess of $1,500,000 over twenty years and an estimated payback period of approximately 3-4 years.

If Council decides that LED provides a better option, then Council will need to contribute $267,000 over three years. The Simple Net Savings will be $2,191,353 over 20 years with an estimated payback period of approximately 5 years.


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Council may also wish to explore financing options that will allow Council to pay for any changeover through the savings generated by using more efficient technologies. If Council decides to use financing options available through the project they will be required to contribute additional funds estimated currently at $29,000 for a five year financing option or $79,000 for a ten year financing option to use the LED lighting.

Council is able to access the expertise and savings of a contestable procurement process through the MAV. This will ensure the best possible financial outcomes are achieved on behalf of Council.

Risk/Amenity/Environmental/Social Implications

Volatility of energy and maintenance prices could mean that the level of savings is reduced and payback periods increased. The opposite is equally true, as savings will be increased if energy prices increase above the conservative figure used in the calculation, with a commensurate decrease in payback times if the saving increase occur early in the installed life of the lamp.

Adoption of „non-standard‟ LED lamp exposes Council to potential replacement cost of failed lamps, however the LED has been approved technology by Powercor.

Not adopting latest available LED technology may mean Council loses the opportunity to maximise savings and energy efficiency over the next 20-25 years within the context of this opportunity – i.e. an unprecedented and significant Commonwealth funding boost which mean that future upgrades will likely mean that Council is liable for the full cost of replacement and change overs.

Not adopting latest available LED technology may expose Council to community criticism and potential accusations of shortsightedness in reducing energy costs.

In a rapidly changing field, current, „new‟ LED technology may soon be superseded by better, cheaper more efficient technology – although this always begs the question of when is the best time to buy into new, constantly evolving technologies.

T5 technology is an older technology that is already becoming obsolete with an increasing number of councils opting to use LED rather than T5 lighting.

At present, all representatives of the 16 Councils within the Lighting the Regions consortium are reporting to their Councils about LED options. At least 8 have already indicated that LEDs are the only option for them.


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As more Councils embark on the LED path, T5 technology loses some appeal – not least because of diminishing economies of scale achieved through bulk purchasing by the consortium.

The majority of residents and visitors to the region are unlikely to notice the outcomes of an energy efficient street lighting upgrade scheme. Council may deem it appropriate to provide communications about the program to residents via mail-outs, local newspapers, the web and other media outlets. This will raise Council‟s position as a leading player in the promotion of energy efficient practices in the community.

Additional cost of LED changeover may be reduced further with funding from the State Government who at present is not contributing to this project. The project steering committee is exploring the possibility of engaging the State Government through schemes such as the Victorian Energy Efficiency Target (VEET) or direct contribution. There is a risk that state funding will not be provided unless all Council‟s in the consortium adopt the latest technology (LED) which derives the biggest energy savings and emissions reductions.

The energy efficient options all perform comparably under a range of social criteria. CFL, T5, or LED streetlights reduce energy usage by 62%, 68%, and 77% respectively, compared to the existing 80-Watt MV streetlights. In addition to offering lower costs, energy consumption, greenhouse emissions, and minimal mercury levels, the new lights provide better lighting outcomes for the community, including:

Greater uniformity of light across and along the street,

Better colour rendering and visibility

Less depreciation of the light output over time

Lower glare

Service and Asset Management Implications

It is intended that Council continue to maintain the same number of lights under arrangement with Powercor so that the same level of service is maintained or improved without any resulting increase in cost. In fact, the adoption of either the T5 or LED technology should result in better lighting performance with significant cost and emissions reductions.

Community Consultation

Discussion about energy efficiency and potential streetlight upgrade was part of Council‟s Sustainable Living Strategy 2011. There was significant community consultation as well as a community based project committee involved in the development of this Strategy.


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Additionally the Council‟s Strategic Resources Plan (committing to increasing expenditure on renewal to sustainably managed assets) that forms part of the Council Plan 2013 -2017 recognises the need to invest in sustainably managed assets.


Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

Manager Responsible – Kathleen Gosden, Manager Environment & Regulatory Services In providing this advice as the Manager Responsible, I have no disclosable interests in this report.

Author – Kevin Spence, Sustainability Project Coordinator In providing this advice as the Author, I have no disclosable interests in this report.

Conclusion

That undertaking a bulk changeover to more energy efficient street-lighting is consistent with the Council Plan 2013-18 and with supporting strategies such as the Sustainable Living Strategy.

The Lighting the Regions Streetlight project represents an unprecedented opportunity for councils such as Northern Grampians to effect a very cost-effective upgrade of the Shire‟s street lights. While the Network Distributor (Powercor) owns the street-lighting infrastructure, local government pays for the energy use and ongoing OMR of the lights and fixtures. The upgrade will significantly reduce both of these costs.

LED is a much more expensive option than T5 but in the longer term will provide greater cost and emissions savings to Council, leaving Council a debate on short term constraints compared to long term gains.

LED is a new and improved technology that is probably a more acceptable technology to those with any level of awareness about energy efficiency within the community. The LED technology has already been adopted by at least 50% of the consortium members and is most likely to be adopted by the majority of the members. This may result in cost reductions through joint procurement if the majority of consortium members use the LED lights.


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That Council:

1. allocates the additional required funding of $151,200 over the 13/14, 14/15 & 15/16 financial years to upgrade the street lights to LED technology;

or 2. utilises the five year financing options available through the consortium

project to upgrade the street lights to LED technology at an additional budget cost of $180,000 over the next five years;

or 3. utilises the ten year financing options available through the consortium

project to upgrade the street lights to LED technology at an additional budget cost of $230,200 over the next ten years;

or 4. utilises the older T5 technology and recognize an immediate project savings

of $12,147 but accept the higher energy costs of an estimated $691,000 to run these lights over the following 20 years.

MOVED : CR T DRISCOLL SECONDED : CR M EMERSON ‘THAT COUNCIL ALLOCATES THE ADDITIONAL REQUIRED FUNDING

OF $151,200 OVER THE 13/14, 14/15 & 15/16 FINANCIAL YEARS TO UPGRADE THE STREET LIGHTS TO LED TECHNOLOGY.’

CARRIED DELIVERED TARGETED PROJECTS AND CORE SERVICES

9.10 Planning and Building Activity Report

[10 08 004A] [Kath Gosden, Manager Environment & Regulatory Services]

Purpose To provide information regarding building and planning approvals by Council for October 2013 and for the calendar year to date, as well as the projected economic flow on effects generated by the granting of those permits.

Council Plan Objective/Strategy Delivered targeted projects and core services


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Background Council has and continues to receive reports on both Planning Permit Applications and Building Permit Applications that are received and issued on a monthly basis. This information provides not only an important indicator of the administrative work being undertaken by Council in the provision of planning and building services, but also provides an important indicator as to the economic activity that is occurring throughout the municipality. Issue/Discussion

Following is a summary of both Planning and Building Permit activity in the Northern Grampians Shire for the period 1 October to 31 October 2013 inclusive.

PLANNING PERMITS

Planning Permits Issued No. Value

Permits issued YTD in 2013 81 $ 11,315,452

Permits issued YTD in 2012 70 $ 7,293,409

Permits issued in October 2013 12 $ 3,838,950

Permits issued in October 2012 10 $ 408,500

Permits under consideration 20 $ 12,210,904

A specific breakdown of the Planning Permit values issued and those under consideration by areas in October 2013 is now provided as follows: STAWELL

October YTD Under Consideration

Business $ 187,500 $5,000,000

Residential $272,000 $ 790,350

Rural

Mining

Community $ 11,950 $ 11,950

Signage

Tourist Accommodation

Other $2,123,282 $ 37,322

Total $ 283,950 $3,113,082 $5,037,322


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ST ARNAUD


Business $ 500,000

Residential $ 280,000 $ 1,230,000 $ 291,082

Rural

Mining

Community

Signage $ 600


Other $ 5,000 $ 8,000

Total $ 280,000 $ 1,235,600 $ 799,082

HALLS GAP


Business $ 40,300 $ 20,000

Residential $ 648,500 $ 250,000

Rural

Mining

Community $ 22,500

Signage $ 1,913


Other $ 250,000

Total $ 0 $ 713,213 $ 520,000

OTHER AREAS


Business $ 5,000,000

Residential $ 285,000 $2,272,955 $ 654,000

Rural $ 40,000 $ 43,602

Mining

Community $ 56,000

Signage $ 2,000


Other $ 2,950,000 $3,879,000 $ 200,500

Total $ 3,275,000 $6,253,557 $ 5,854,500

SUBDIVISION

No. of Applications No. of Lots

Residential 4 14

Industrial 0 0

Figure No. 1 Historical Comparison of Planning Permits Issued (No’s)


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January – December 2009 – 2013

Significant Planning Permit Applications Received:

Significant Planning Permits Issued:

5.2013.49.1 1799 Wallaloo East Road, Wallaloo East

Country Fire Authority

$250,000 Development of an Emergency Services Facility (CFA Station) and associated works.

5.2013.64.1 Sunraysia Highway road reserve and farm land (between St Arnaud North and Cope Cope).

GWMWater $2,700,000 Native Vegetation Removal (for the St Arnaud - Donald Treated Water Pipeline).

5.2013.80.1 23-35 Horsham Road, Stawell

Zackary Pty Ltd C/-Kevmack Planning

$5,000,000 Development associated with materials recycling (pyrogenic tyre recycling plant) and associated works.

5.2013.77.1 Lock Road, St Arnaud

Northern Grampians Shire Council

$8,000 Development associated with minor utility installation (110mm diameter pipeline) and associated works.


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BUILDING PERMITS

Building Permits Issued Council Building Surveyor

Private Building Surveyor

Total Value

Permits issued YTD in 2013

106 52 158 $ 16,180,537

Permits issued YTD in 2012

100 46 146 $ 12,842,579

Permits issued in October 2013

14 10 24 $ 3,411,023

Permits issued in October 2012

5 4 9 $ 1,437,495

Details of all Private Building Surveyor issued Building Permits for the Months of April, May, June, July, August, September and October were not available on the Victorian Building Authority site at the time of preparing this report.

Figure No. 2 Historical Comparison of Building Permits Issued (No’s) January – December 2009 – 2013


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Significant Building Permits Issued:

6.2013.130 117-119 Grampians Road, Halls Gap

Department of Environment and Primary Industries

$1,223,145 Construction of Public Assembly Building and Toilet Facilities

6.2013.111 22 Church Road, Gooroc

Roman Catholic Presbytery

$19,450 Demolition of Existing Building


There are no financial implications for Council, except for the normal administrative costs that are associated with the Planning and Building Departments, which are statutory functions of Council.


There are no identified risks associated with this report. Any identified risks are managed during the associated building and planning permit processes.

Service and Asset Management Implications

There are no identified service or assets implications associated with this report.

Community Consultation

This report is provided to give information to Council on the building and planning activity within the municipality. There has been no formal community consultation associated with the development of this report. Individuals or businesses are however consulted during permit processes as applicable.


Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Author – Jaiden Bach In providing this advice as the Author, I have no disclosable interests in this report.

Conclusion

That there have been a number of significant planning and building permits issued or received by Council in October 2013.


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That the Development Approvals report be noted and received.

MOVED : CR M EMERSON SECONDED : CR T DRISCOLL ‘THAT THE DEVELOPMENT APPROVALS REPORT BE NOTED AND

RECEIVED.’ CARRIED

9.11 Setting of Council Meeting Schedule 2014

[01 02 003A] [Mary Scully, Manager Governance & Civic Support] Purpose The purpose of this report is to set Council meeting dates for 2014. Background During 2013 Council held its Ordinary meetings at 6.00pm on the first Monday

of each month alternating between Stawell and St Arnaud. Issue/Discussion This report allows Council the opportunity to consider the location and starting

time of its meetings. If Council agrees to continue its current practice, a proposed meeting

timetable is provided for consideration.

Date Meeting Type Location

3 February, 2014 Ordinary Stawell

3 March, 2014 Ordinary St Arnaud

7 April, 2014 Ordinary Stawell

5 May, 2014 Ordinary St Arnaud

12 May, 2014 (budget preparation) Ordinary Stawell

2 June, 2014 Ordinary St Arnaud

30 June, 2014 (budget adoption) Ordinary Stawell

4 August, 2014 Ordinary St Arnaud

1 September, 2014 Ordinary Stawell

6 October, 2014 Ordinary St Arnaud

5 November, 2014 (Wednesday) Ordinary Stawell

1 December, 2014 Ordinary St Arnaud


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Council Plan Objectives/Strategies Delivered targeted projects and core services. Financial Implications N/A Environmental/Amenity/Risk Management Issues N/A Community Consultation N/A Officer Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Manager Responsible – [Mary Scully, Manager Governance & Civic Support] In providing this advice as the Manager Responsible and author, I have no disclosable interests in this report. Conclusion

N/A Officer’s Recommendation A Council decision is required. MOVED : CR K HYSLOP SECONDED : CR P RUSSELL ‘THAT COUNCIL ADOPT THE PROPOSED MEETING TIMETABLE AS

LISTED IN THE REPORT FOR 2014.’ CARRIED

9.12 Appointment of Committee Delegates 2014

[01 02 002A] [Mary Scully, Manager Governance & Civic Support] Purpose The purpose of the report is to appoint Councillor and officer delegates for the

next twelve months as detailed in the attachment. [Attachment 9.12]


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Council Plan Objective/Strategy Outcome 4.2: Effective governance and leadership Background In addition to formal Council meetings, Councillors and officers commit to

representing Council through involvement with a number of special and advisory committees, organisations and support groups.

This involvement includes, but is not limited to, attending meetings, providing

advocacy, and acting as the conduit through which the group‟s ideas and plans are communicated to Council.

Issue/Discussion The committees, organisations and groups are established for a variety of

purposes including providing advice to Council, to make particular types of Council decisions such as planning decisions, those established that have been delegated a power or duty by the Council, those required by legislation, and others established in order to provide a regional focus on a particular issue. Councillors will have an opportunity to be involved with numerous local groups and those detailed in the attachment are those that Council may be directly involved with or have been asked to be part of.

Councillors have had an opportunity to consider the various delegations to the

committees, organisations and groups as detailed in the attachment. Financial Implications Council provides for the cost of memberships and meeting attendances in its

annual budget. Risk/Amenity/Environmental/Social Implications N/A Community Consultation N/A Officer Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Author and Manager Responsible – Mary Scully, Manager Governance & Civic Support In providing this advice as the Author and Manager Responsible, I have no disclosable interests in this report.


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Conclusion A Council decision is required. Officer’s Recommendation That Council appoints the delegates as detailed. MOVED : CR P RUSSELL SECONDED : CR M EMERSON ‘THAT COUNCIL APPOINTS THE DELEGATES AS DETAILED.’ CARRIED

9.13 Procurement Policy

[07 10 002A] [Julia Smith, Manager Financial & Information Services]

Purpose

To consider proposed changes to the Procurement Policy. Council Plan Objective/Strategy

Council Plan 2013 – 2017: Strategic Objective, Delivered targeted projects and core services Financial Sustainability Strategy: Implementing financial policies and services to support Council’s operations and to meet reporting and accountability requirements

Background

Section 186 of the Local Government Act requires Councils to have a procurement policy and to review the policy annually. Council adopted its Procurement Policy in March, 2009. The Procurement Policy sets out key policies and principles providing a framework for purchasing at Northern Grampians Shire Council, and is supported by a more detailed set of Procurement Guidelines designed to assist with implementation of the policy. The purpose of the Procurement Policy is to ensure that purchases are undertaken in a consistent, robust and transparent manner and are consistent with Council objectives while complying with all relevant legislation.


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Issue/Discussion Council spends a significant amount of its annual budget on purchasing goods and services, works and assets. As these purchases have an enormous impact on the delivery of programs, services and projects it is crucial that the process is well conducted. Council‟s Procurement Policy has recently been reviewed and amended in line with information provided in the Victorian Local Government Best Practice Procurement Guidelines 2013 and the MAV Model Procurement Policy (Updated). The Draft Procurement Policy, as previously distributed at the Council Briefing held on 18 November, 2013 is attached. [Attachment 9.13]


Improved management of the annual procurement of goods and services and works.


N/A Service and Asset Management Implications

N/A Community Consultation N/A Officer Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Author and Manager Responsible – Julia Smith In providing this advice as the Author and Manager Responsible, I have no disclosable interests in this report. Conclusion

As there have been no issues arising since presentation at the Council Briefing held on 18 November, 2013, Council is asked to adopt the amended Procurement Policy.


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Officer’s Recommendation That Council adopts the amended Procurement Policy. MOVED : CR K HYSLOP SECONDED : CR M EMERSON ‘THAT COUNCIL ADOPTS THE AMENDED PROCUREMENT POLICY.’ CARRIED

9.14 Review of Pending Planning Overlay Amendments

[10 02 012A] [Kath Gosden, Manager Environment and Regulatory Services] Purpose

To ascertain Council‟s view on progressing with various pending Planning

Scheme amendments.

Council Plan Objective-

Improved the social and economic viability of the Shire; and

Delivered targeted projects and core services.

Economic Strategy

Implementing a planning framework that enables and encourages business, including farming enterprises, and residential development and expansion;

Attracting and encouraging new enterprises while supporting existing businesses through the implementation of targeted industry sectors plans; and

Creating industrial development opportunities in St Arnaud and Stawell.

Emergency and Risk Strategy

Implementing measures to reduce the causes and effects of emergencies.

Background

The Northern Grampians Planning Scheme determines if a Planning Permit is required to change the use of land, to construct a building, or to make other changes to the land (development). It also specifies any criteria that must be met before a Planning Permit may be issued. In around 15% of cases, buildings and works within Victoria, whether residential or business, must be approved by a Council through the Planning Permit application process.


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Together with organisations such as the Wimmera Catchment Management Authority, the Department of Environment and Primary Industry, Heritage Victoria and the State Emergency Service, Council Officers have, over an extended period, been reviewing the need for, or updating of existing Planning Overlays for various purposes, such as the protection of homes during floods and bushfires, the protection of our unique heritage, and the protection of local flora and fauna, whilst encouraging growth opportunities for residential, commercial and business activities. Issue/Discussion To incorporate or alter an existing overlay in the planning scheme the Council must run a planning scheme amendment process. The process is set out by the state government, and requires its authorisation to undertake the process. Unless there is sound justification for the need to undertake the amendment it is unlikely to be supported by the state government. The government also places a higher priority on amendments that lead to the protection and safety of life and property, such as Bushfire Management Overlays, Flood Overlays and Erosion Management Overlays. The amendment process requires the following steps to be undertaken:

1. Preparation of the strategic justification 2. Request to undertake the amendment 3. Council resolution to seek authorisation from the Minister for the

amendment 4. Preparation of the documentation 5. Minister‟s Authorisation 6. Satisfy any Ministerial conditions 7. Minister‟s review 8. Public exhibition of the proposed amendment 9. Submissions on the amendment 10. Panel Hearing – to review any submissions received on the

amendment 11. Panel Report 12. Council determine whether to alter, abandon or adopt the amendment 13. Approval of the amendment by the Minister 14. Gazettal of the amendment 15. Amendment in force

If Council has received authorisation from the Minister to run an amendment, the Council cannot abandon that amendment until such time as submissions have been reviewed. Council have, unless an extension has been approved by the Minister, 12 months to run an amendment process, once authorisation has been given for the amendment. The amendment will lapse if an extension has not been approved by the Minister to extend the amendment proceed beyond the 12 month period. Circumstances have arisen that necessitate the need to review the relevance of the amendments that are currently being worked on within the municipality.


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It is likely that some of the amendments may no longer have relevance, due to state changes in zones, impacts of state amendments such as the Bush Fire Management Overlay, or require fast tracking due to recent emergency events in the local area, such as flooding. Additionally some of the amendment documentation that has been prepared over the past five years may need to be up dated to ensure it is current. Council officers have been preparing documentation for ten planning scheme amendments. The relevance of the amendment, the risks and issues associated with each amendment and the relevance in relation to state priorities have been detailed in the NGSC Planning Scheme Amendment Discussion Paper. [Attachment 9.14]

Financial Implications Financial implications will vary depending on the decisions made by Council,

and will include advertising of Amendments, fees to the Minister, the consultation process and possible Panel hearing costs.

Council, and other agencies such as the Catchment Management Authority,

State Emergency Services, Heritage Victoria and Department of Environment and Primary Industry, have however already invested significant financial and staffing resources to date on the amendments. This investment will be compromised if the amendments do not proceed.

Risk/Amenity/Environmental/Social Implications There are a range of amenity, environmental, social implications and financial

risks associated with either proceeding with or allowing the amendment process to lapse. Whilst the risks for each amendment are different [refer to Attachment 9.14] they can be broadly summarised as follows:

Reputational/Social risk Council may be criticised by the community for wasting resources on amendments that are never finalised (i.e. allowed to lapse). Council may be criticised by members of the community for devaluing their property, if the amendments proceed and result in permit triggers required for the use or development of their land. Council may be viewed as short sighted if it delays or never finalises amendments that protect life and property. Environmental Risk There is a risk that development and use of land may occur that results in environmental impacts, or exposes people to environmental hazards.


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This is of particular relevance to land that has been contaminated as a result of prior land use activities. Amenity Risk There is a risk that Heritage values within the municipality, which create the unique character, appeal and sense of place, will be lost if the Heritage amendment is delayed or allowed to expire. Financial Risk There is a risk of Council exposing itself to future liability and litigation if land use or development is impacted as a result of Council not having proceeded with an amendment, particularly if life or property is impacted. As Council has knowledge about where land may be impacted by flood, landslides, contamination etc., failure to make this knowledge accessible as part of informing land use and development may expose Council and the community to unplanned financial expenses.

Service and Asset Management Implications There are no immediate service and asset management implications for

Council associated with proceeding with the amendments, postponing work on the amendments, or allowing any of the amendments to expire. There are however longer term service and asset implications dependent upon Council‟s decision for each of the amendments.

These range from:

increased or reduced number of planning permit applications

increased or decreased asset management e.g. if a new road or building is constructed in an area that is subject to flooding in the absences of any flood overlay, it is likely that there will be increased asset management cost to protect and repair the asset as a result of flood events. If however the flood overlays are incorporated into the planning scheme and any new assets within a flood area are designed to cope with the flood event, there is likely to be increased initial capital cost to construct the asset to the required standard (e.g. raise floor levels) but reduced asset management costs over its life. This example is also relevant to Bush Fire Management Overlays, Land Subject to Inundation Overlays, Heritage Overlays, Contaminated land Overlays and Erosion Management Overlays.

Community Consultation Community Consultation will be undertaken as required under the Planning

and Environment Act 1987 which requires Amendments to be placed on public exhibition.


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Council is required to consider submissions received during the public

exhibition period. The feedback received during the public exhibition will also guide the decision as to whether Council adopts the amendment, modifies the amendment as a result of submissions received or abandons the amendment.


Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Manager Responsible – Kath Gosden, Manager, Environment and Regulatory Services In providing this advice as the Author and Manager Responsible, I have no disclosable interests in this report. Team Leader Responsible – Robert Newbury, Team Leader, Planning and Development Services In providing this advice as the Team Leader Responsible, I have no disclosable interests in this report.

Conclusion Whilst overlays can sometimes be seen as restrictive or a barrier to economic

development, they provide the strategic guidance and inform decision making by both Council and the community. Overlays are important to protect the long term use and development of the municipality, the protection of Council from liability issues, and the safety of its community.

The amendment process is time consuming and requires the appropriate resource allocation. The Council currently has eleven (11) amendments in progress and strategic documentation relating to the Triangle Project to inform an amendment. Due to state changes in the planning zones, recent emergency events, and other circumstances direction is sought from Council on priorities in progressing the current amendments. Officer’s Recommendation That Council considers the options available to it for each of the current planning scheme amendments and:

1. notes Planning Scheme Amendment C15 (Residential Land, Stawell) to the Planning Scheme, as approved by the Minister, came into operation on 7 November 2013.

2. Amendment C7 Halls Gap Valley Floor

a) Proceed with the amendment, or b) Investigate whether this Amendment is now redundant due to the

recent changes to the planning zones, or c) Not proceed with the amendment


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3. Amendment C9 Halls Gap Urban Design Framework


recent changes to the planning zones, or c) Not proceed with the amendment

4. Amendment C35 Anomalies Amendment

a) Proceed with the amendment, or b) Not proceed with the amendment

5. Amendment C36 Change to Rural Living Schedules


recent changes to the planning zones, or c) Not proceed with the amendment, or d) Combine with Amendment C44 as they address similar issues

6. Amendment C37 Glenorchy Land Subject to Inundation and Flood

Overlays a) Proceed with the amendment, or b) Not proceed with the amendment

7. Amendment C39 Public Parks Anomalies


8. Amendment C40 Potentially Contaminated Land Overlay


9. Amendment C42 Erosion Management Overlay Halls Gap

a) Proceed with the amendment, or b) Review the proposed Schedule to the Erosion Management

Overlay to identify any areas where “red tape” might be reduced, or c) Not proceed with the amendment

10. Amendment C44 Rural Zones a) Proceeds with amendment and seeks a report from officers on:

I. the use of agreements pursuant to Section 173 of the Planning and Environment Act 1987;


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II. suitable separation of farming activities from dwellings in the Farming Zone: and

III. proposed amendments to the Schedules to the Rural Living Zone. b) Not proceed with the amendment 11. Triangle Project a) Proceed with an amendment, or b) Investigate whether this Amendment is now redundant due to the

recent changes to the planning zones 12. Amendment C17 Heritage Overlay a) Proceed with the amendment, or b) Allow the amendment to lapse 13. Amendment C31 Halls Gap Land Subject to Inundation and Flood

Overlays a) Proceed with the amendment, or b) Not proceed with the amendment

MOVED : CR P RUSSELL SECONDED : CR M EMERSON ‘THAT THIS ITEM BE DEFERRED.' CARRIED.

9.15 Reconstruction and Bituminous Sealing of Hemley Court, Halls Gap.

[09 02 383A] [Bruce McClure, Manager Infrastructure] Purpose The purpose of this report is to inform Council of the costs associated with the

reconstruction and bituminous sealing of Hemley Court, Halls Gap.

Council Plan Objective

Reduce the infrastructure renewal gap and manage our roads, buildings and structures for safety and optimal use by:

Maintaining roads and bridges in accordance with the Northern Grampians Road Management Plan and legislated requirements.

This project would also be part of Council‟s Community Wellbeing Plan.


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Background

In February 2013 Council staff proposed that the construction and sealing of Hemley Court, Halls Gap be part funded by a special charge scheme. Council contribution towards the cost of works was 50%. A survey of residents had provided strong support for the scheme. However, on the 4 March 2013 Council in the Ordinary Council Meeting determined that, “Council pays the full cost in relation to the construction and sealing of Hemley Court, Halls Gap”.

Issue/Discussion Infrastructure staff have been requested to prepare a design and estimate for

the reconstruction and bituminous sealing of Hemley Court, Halls Gap. Investigation of the existing court determined that the best solution was to

reconstruct the existing court pavement, prepare it for bituminous surfacing and upgrade some of the existing drainage. It is proposed to not disturb much of the existing grassed up drains which are currently stable and functional.

The cost of carrying out the works in Hemley Court is estimated to be

$32,100. A copy of the proposed layout plan of the court is attached. [Attachment 9.15]

Financial Implications There is no fund allocated for these sealing works in the current financial year

budget program. If the Council chooses to proceed with the reconstruction and sealing of Hemley Court then $32,100 needs to be allocated from the reserves.

Risk/Amenity/Environmental/Social Implications The amenity to the community would be approved. Service and Asset Management Implications The proposed works will

Deliver a desired level of service to the residents.

Amend Council‟s asset register through a reduction of the unsealed Road network and a corresponding increase in the sealed road

network. Community Consultation The property owners are aware that these works will be carried out as a

Council funded project.


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Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Manager Responsible and Author – [Bruce McClure] In providing this advice as the Manager Responsible and the Author, I have no disclosable interests in this report.

Conclusion If the Council decided to proceed with the proposed construction and

bituminous sealing of Hemley Court, Halls Gap then the estimated cost needs to be allocated this year to complete the project as part of Council‟s Capital Works program.

Another option is that the Council can refer this project to the next financial

year‟s capital works program. Officer’s Recommendation That Council:

1. refers the reconstruction and bituminous sealing of Hemley Court, Halls Gap as a priority in the 2014-2015 Capital Works program;

or 2. allocates an additional $32,100 in the 2013/14 capital works budget for

the Hemley Court, Halls Gap sealing works.

MOVED : CR P RUSSELL SECONDED : CR T DRISCOLL ‘THAT COUNCIL ALLOCATES AN ADDITIONAL $32,100 IN THE 2013/14

CAPITAL WORKS BUDGET FOR THE HEMLEY COURT, HALLS GAP SEALING WORKS.’

THE MOTION WAS PUT AND LOST MOVED : CR M EMERSON SECONDED : CR K HYSLOP ‘THAT COUNCIL REFERS THE RECONSTRUCTION AND BITUMINOUS

SEALING OF HEMLEY COURT, HALLS GAP AS A PRIORITY IN THE 2014-2015 CAPITAL WORKS PROGRAM.’

CARRIED


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10. NOTICES OF MOTION OR RESCISSION

10.1 Notice of Motion 2/2013

[01 02 012A]

Cr Paul Russell has given notice of his intention to move the following motion.

“Having regard to the current temporary boating rules at both Lakes Lonsdale and Fyans, and the reasons that they were introduced, predominantly being the low water levels, that Council

ceases the public consultation being undertaken with respect to the Proposal;

writes to the Safety Director to advise that Council no longer wishes to proceed with the change to the waterway rules the subject of the Proposal;

gives notice to the Safety Director of Council’s intention as the Responsible Waterway Manager to adhere to the relevant State Rules as provided for in the Marine Safety Act 2010;

requires that, upon receiving the Safety Director’s advice, the CEO prepare a report to Council detailing that advice and seeking Council’s direction as to the next steps regarding recreational boating on Lakes Fyans and Lonsdale; and

continues to lobby GWM Water, the Wimmera CMA and the Minister for Water to ensure that water levels are maintained in both Lakes Fyans and Lonsdale to allow recreational boating to be undertaken all year.”

Cr Russell withdrew his Notice of Motion.

11. REPORTS FROM COUNCILLORS/COMMITTEES

Councillors provided brief reports on their activities on behalf of Council since the last meeting.

MOVED : CR M EMERSON SECONDED : CR M REID ‘THAT THE REPORTS BE RECEIVED.’ CARRIED


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12. URGENT BUSINESS

The Chief Executive Officer listed the following matter as Urgent Business : 12.1 Lake Lonsdale

MOVED : CR P RUSSELL SECONDED : CR M EMERSON ‘THAT THE ITEM AS LISTED BE CONSIDERED AS URGENT

BUSINESS.’ CARRIED

12.1 Lake Lonsdale

[2 9001 3699] [Jim Nolan, Director Marketing & Community] Purpose To bring to Council‟s attention, concerns raised by the Lake Lonsdale Action

Group Inc. about release of water from Lake Lonsdale. Council Plan Objective/Strategy This report is consistent with the Council Plan 2013-2017, and in particular:

Social, Community and Environmental Strategy. “Advocating for the responsible management of lakes and waterways." Background Council recently received the attached [Attachment 12.1] letter from the

Lake Lonsdale Action Group Inc. (LLAG) expressing concerns about the water releases from Lake Lonsdale and the impact on recreational use of the lake, on the environmental values and on tourism.

Issue/Discussion At the time of preparing this report the water level at Lake Lonsdale is 28%

full (14,803 Megalitres) and, following discussions with GWMWater and the Wimmera CMA, it is understood that releases for environmental flows are planned for December 2013 to provide approximately 570 Megalitres for the lower reaches of the Mt William Creek with daily flows from Lonsdale ranging from 5 to 30 Megalitres.


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It is likely that recreational water activities will be significantly impacted by the falling water levels, not only due to the releases, but significantly due to the evaporation issues.

Lake Lonsdale is one of GWMWater's headworks lakes and the purpose of

the water storage is to enable GWMWater to meet its environmental flow obligations, and in accordance with the operating rules established for the lake.

The letter from LLAG suggests that high water storage levels at other storage

lakes such as Lake Bellfield and Rocklands provide options for the way in which the water supply needs can be met without resorting to reducing Lake Lonsdale to critically low levels.

Apart from the impact on the recreational values there is concern that low

water levels could impact on fish stock towards the end of summer and in autumn as water temperature increases and levels drop.

Council may consider advocating to GWMWater and the Wimmera CMA and

seek to meet with the parties to discuss the issues raised by the group in the context of the management of the lake over the coming season.

Financial Implications N/A Risk/Amenity/Environmental/Social Implications N/A Service and Asset Management Implications N/A Community Consultation N/A Officer Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Director Responsible & Author – [Jim Nolan] In providing this advice as the Author and Director Responsible, I have no disclosable interests in this report.

Conclusion A Council decision is required.


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Officer’s Recommendation That Council seeks an urgent meeting with GWMWater and Wimmera CMA

to discuss the management of Lake Lonsdale, and in particular the concerns raised by the Lake Lonsdale Action Group.

MOVED : CR P RUSSELL SECONDED : CR M EMERSON ‘THAT COUNCIL : 1. SEEKS AN URGENT MEETING WITH GWMWATER AND WIMMERA

CMA TO DISCUSS THE MANAGEMENT OF LAKE LONSDALE, AND IN PARTICULAR THE CONCERNS RAISED BY THE LAKE LONSDALE ACTION GROUP.

2. WRITES TO THE WATER MINISTER AND PREMIER NAPTHINE

SEEKING A MEETING TO DISCUSS THE GROUP’S CONCERNS.’ CARRIED

13. PUBLIC QUESTION TIME

14. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL GOVERNMENT ACT 1989

A Council or Special Committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following : (a) Personnel matters; (b) The personal hardship of any resident or ratepayer; (c) Industrial matters; (d) Contractual matters; (e) Proposed developments; (f) Legal advice; (g) Matters affecting the security of Council property; (h) Any other matter which the Council or Special Committee considers

would prejudice the Council or any person; (i) A resolution to close the meeting to members of the public.

14.1 Contract No. C5 2013/2014- Supply & Implementation of Asset Management and Customer Request Management Software

14.2 Contract No. C18 2012/2013- Supply of Gravel (Unsealed) Pavement Materials (2nd & Final Extension)


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14.3 Contract No. C12 2013/2014- Supply & Delivery of Trucks, Plant & Equipment

MOVED : CR T DRISCOLL SECONDED : CR K HYSLOP ‘THAT THE MEETING BE CLOSED TO CONSIDER THE ITEM LISTED

PURSUANT TO SECTION 89(2) OF THE LOCAL GOVERNMENT ACT 1989.’

CARRIED


Page 67

OPEN COUNCIL RESUMED The Chief Executive Officer reported that the following decisions had been taken in Closed Council. 14.1 To award Contract No C5 2013/2014 – Supply & Implementation of Asset Management & Customer Request Management Software. 14.2 To extend the Contract No. C18 2011/2012 – Supply of Gravel

(Unsealed) Pavement Material for the second and final one year option to 1st January, 2015 to the following suppliers:

K & J Baker Cartage Pty Ltd

Forest Springs Holdings Pty Ltd (t/a MC Dean Earthmoving)

Jamak P/L (t/a Grampians Excavations & Soil yard)

Reeves Earthmoving. 14.3 To appoint suppliers for the supply of Trucks under Contract No.

C12 2013/2014.

15. CLOSE

THERE BEING NO FURTHER BUSINESS, THE MAYOR DECLARED THE MEETING CLOSED AT 7.30PM

Confirmed [Cr Kevin Erwin, Mayor] Date: 3 February, 2014

Minutes of Ordinary Meeting 2 December, 2013...Dec 02, 2013 · Presentation from Crocodile Gold; Agenda review Cr Russell Indirect interest 9.14 on the Council Agenda Yes Cr Hyslop

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