Minutes of Ordinary Meeting 3 March, 20142014/03/03 · Minutes of the Ordinary Council Meeting – 3 March, 2014 Page 9 Date Description Matter/s considered Conflict of interest

Minutes of Ordinary Meeting

3 March, 2014

Northern Grampians Shire Council Minutes of the Ordinary Council Meeting – 3 March, 2014

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MINUTES OF ORDINARY MEETING OF THE COUNCIL HELD AT 6.12PM ON 3 MARCH, 2014 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 Wayne Rice 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.


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BUSINESS

1. APOLOGIES .............................................................................................................. 4

2. CONFIRMATION OF MINUTES ................................................................................. 4

3. MATTERS ARISING FROM THE MINUTES .............................................................. 4

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

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

5.1 Petition Received on the Location of Charity Bin in St Arnaud .......................... 5

6. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST ................................................................................................................... 8

7. ASSEMBLIES OF COUNCILLORS ............................................................................ 8

8. ITEMS BROUGHT FORWARD .................................................................................. 9

9. CONSIDERATION OF REPORTS OF OFFICERS ................................................... 10

9.1 Open Space Sport and Recreation Strategy .................................................... 10 9.2 Economic and Development Partnerships Project ........................................... 14

9.3 Planning Scheme Amendments – Amendments That Reduce Red Tape........ 17 9.4 Sale of Council Land and Discontinuance of Road .......................................... 22 9.5 Revenue and Rating Strategy and Farm Land Rate Differential Policy ........... 25

9.6 Rates and Charges Debt Collection Policy ...................................................... 28 9.7 Request for Support ......................................................................................... 30

9.8 Verandah Restoration Fund Application .......................................................... 32 9.9 Governance Reforms to Regional Waste Management Groups ...................... 36 9.10 Central Highlands Mayors and CEOs Delegation to Canberra ........................ 42

10. NOTICES OF MOTION OR RESCISSION ................................................................. 44

11. REPORTS FROM COUNCILLORS/COMMITTEES ................................................... 44

11.1 Stawell Community Recreation Committee Meeting- 3 December, 2013 ........ 44 11.2 Stawell Community Recreation Committee Annual General Meeting- 4

February, 2014 ................................................................................................ 44

12. URGENT BUSINESS ............................................................................................... 45

12.1 Letter of Congratulations – Waack‟s Bakery .................................................... 45 12.1 Stawell Railway Station – On-Site Visit ............................................................ 45

13. PUBLIC QUESTION TIME ....................................................................................... 46

14. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL GOVERNMENT ACT 1989 ........................................................................................ 46

14.1 Contract No C19 2013/2014 - Road Rehabilitation Program ........................... 46 14.2 Contract No. C12-2012/2013 – Flood Recovery Works, Stream Damage

Rehabilitation & Restoration at Bridges & Major Culverts ................................ 46 14.1 Contract No. C19-2013/2014, Road Rehabilitation Program ... Error! Bookmark

not defined. 14.2 Contract No. C12 2012/2013 – Flood Recovery Works, Stream Damage

Rehabilitation & Restoration at Bridges & Major Culverts . Error! Bookmark not defined.


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15. CLOSE ..................................................................................................................... 47

1. APOLOGIES

Nil

2. CONFIRMATION OF MINUTES

Ordinary meeting held on 3 February 2014 RESOLUTION: That the minutes as listed, copies of which have been circulated, be

confirmed and adopted. Moved: Cr K Hyslop Seconded: Cr W Rice Carried

3. MATTERS ARISING FROM THE MINUTES

Nil

4. PRESENTATIONS/AWARDS

Nil


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5. PRESENTATION OF PETITIONS AND JOINT LETTERS

5.1 Petition Received on the Location of Charity Bin in St Arnaud Division: Environment and Community Protection Director: Sanjay Manivasagasivam, Director Infrastructure

and Environment Author: Daryl Schuyler, Team Leader Environment and

Community Protection File No: 09 02 402A

Summary On 8 November 2014 Council received a petition signed by ten St Arnaud residents complaining about a charity bin located in McMahon Street St Arnaud. The petition was tabled at the Ordinary Council meeting on 2 December 2013 where Council carried the following motion: That:

1. the petition be received; and 2. the subject of the petition be investigated and reported to a subsequent Council meeting.

RESOLUTION

That Council notes the investigations and work undertaken by Council officers in relation to the matters raised in the petition and takes no further action.

Moved: Cr W Rice Seconded: Cr M Reid Carried

Background/Rationale The petitioners, residents of McMahon Street St Arnaud, complained about a collection bin for clothing being placed at the rear of the Laundromat in McMahon Street, St Arnaud. The petitioners felt that a residential street was not the appropriate place for a clothing collection bin to be placed, and cited having read “horror stories about people dumping all kinds of rubbish in such bins and outside them if they are full.” The petitioners identified two other potential locations for the charity bin to be re-located to. The alternative locations were in the public car park behind the Town Hall and outside of one of the McCallum industry properties that is in a less prominent position. The charity bin is small in size and is clearly identified as a clothing bin. The bin is owned and operated by McCallum Industries.


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Investigations revealed that the charity bin is located on private property, well clear of the Laundromat building, and triggers no requirement for a local law or planning permit to be sought or issued. The site has been regularly monitored by Council officers who advise that it is clean and has been well maintained, with no overflow or dumping evident. The Site Co-ordinator for McCallum Industries advised the charity bin is:

monitored several times a day, and emptied on a weekly cycle, or sooner if required;

meeting a community need for disposal of used/unwanted clothing, (which is keeping the clothing from landfill);

providing work for disabled persons; and

contributing financially to the not for profit organisation. Further, McCallum Industries have advised that if the charity bin becomes a dumping site it would be removed. McCallum Industries cannot afford to be responsible for the disposal of rubbish and moving the bin to another location would require the expense of advertising so that donors are aware of the location of the bin. The petitioners were advised by letter that while their concerns were acknowledged, with the assurances from McCallum Industries and the constant monitoring by Council officers it was not proposed to commence any action to cause the removal of the bin. The petitioners were also requested to contact Council officers should there be any misuse of the bin, or clothing overflowing from the bin. In providing advice to Council consideration has been given to the community services that the charity bin provides. In particular the charity bin assists members of the community who may be financially disadvantaged.

There is the possibility for unacceptable waste materials to be deposited in or around the bin. This could lead to an environmental risk, dependent upon the types of materials being deposited. McCallum Industries have advised Council officers that they would remove the charity bin if it is not used appropriately by the community. It is therefore very unlikely that the charity bin will cause any environmental issues. The positive contribution the charity bin has on the environment is that it is keeping reusable items out of landfill.

Legislation, Council Plan, Strategy and Policy Implications

This report will contribute towards the delivery of the Council plan as follows: Objectives

Improved the social and economic viability of the shire


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Social, Community and Environment Strategy

We will provide safe and usable assets and services to improve the quality of life for residents

This action and subsequent investigation identifies no requirement for a local law or planning permit, and has no legislative implications. Options Option 1 That Council, having received the petition and having allowed the petition to lay on the table as required under Council‟s Meeting Local Law, now accept the Officer‟s report and recommendation that no further action be taken (recommended). Option 2 That Council request McCallum Industries to remove the charity bin and relocate elsewhere. This option is not enforceable by Council and would only have the status of a request. In addition, it would be difficult to find an alternate suitable site in St Arnaud where similar concerns regarding dumping would not be encountered (not recommended). Reporting Implications Considered in this report? Implications identified?

Social Yes Yes

Heritage/Cultural No No

Amenity Yes Yes

Human Rights/Privacy No No

Environmental Yes Yes

Economic & Marketing No No

Risk Management No No

Financial No No

Asset Management No No

Consultation There has been no additional community consultation done following tabling of the petition. There has been no subsequent complaints or information received from the petitioners or any other person in relation to the charity bin subject to this petition and Council report.. Officer’s 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 – Sanjay Manivasagasivam, Director Infrastructure & Environment. In providing this advice as the Director Responsible, I have no disclosable interests in this report.


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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 – Daryl Schuyler Team Leader Environment and Community Protection. In providing this advice as the Author, I have no disclosable interests in this report. Attachments There are no attachments to this report.

6. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST

Cr Kevin Erwin declared a direct interest in Item 9.10 as the report is about his attendance at the Mayors & CEOs Forum in Canberra.

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

28/01/2014 Agenda Review Briefing February Council Meeting Agenda

Cr Reid 9.6 yes

Mrs Linley 14.1 yes

3/02/2014

Civic Engagement Briefing

Agenda Review, Presentations from Grampians Tourism, Wimmera Regional Library Corporation and Youth Action Council.

Cr Reid 9.6 yes

Mrs Linley 14.1 yes

4/02/2014

Stawell Community Recreation Committee

AGM- New member to SCRC; temporary chair; nominations for chair 2014; Chairperson for 2014. n/a n/a n/a

6/02/2014

Community Access Advisory Group

Recreation Sport & Access; Community Grants; NGSC Youth Strategy, Opportunities for Children 0-6 years n/a n/a n/a


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Date Description Matter/s considered Conflict of interest disclosures

Councillor / Officer making

disclosure

Item No. Left meeting

Y/N

10/02/2014 Strategic Reports Briefing

Hard/Green Waste Collection; Service review (Building & Planning); Service review (Public conveniences & Facility management); Revenue and Rating Strategy; Rates and Charges Debt Collection Policy and Land Sales for unpaid rates debts; Recreation and Open Space Strategy; Western Highway Heritage Precinct; Proposed sale surplus land; Sale of land- Bowen Street and Holloway Road; ANZAC Centenary n/a n/a n/a

17/02/2014

Eco Dev/ Planning Taskforce Briefing

Presentation from Crocodile Gold; Land Development Strategy- progress on implementation; Industry Sector Plan Implementation; Investment; Former VicRoads Site, Griffith Street Stawell; Municipal Strategic Statement (MSS) Review. n/a n/a n/a

RESOLUTION: That the report on Assemblies of Councillors held since the last

meeting be approved.

Moved: Cr W Rice Seconded: Cr M Emerson Carried

8. ITEMS BROUGHT FORWARD

Nil


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9. CONSIDERATION OF REPORTS OF OFFICERS

9.1 Open Space Sport and Recreation Strategy

Department: Economic and Community Business Unit: Business Services and Tourism Director: Jim Nolan, Director Economic and Community Author/Position: Jim Nolan, Director Economic and Community File No: 06 02 0007A

Summary Council has engaged SGL Consulting Group to prepare an „Open Space, Sport and Recreation Strategy‟ for the shire which responds to the changing needs of the community and which seeks to increase participation in sport and recreation activities across the shire. Extensive community consultation with a range of sporting and community groups across the various towns and rural communities was undertaken. On the basis of this consultation and research, a number of recommendations are made in the strategy areas of facilities, programs and services within each strategy area and a suite of priority projects have been identified for Council and the community to work together to achieve over the short, medium and long term. The strategy will also be an important tool in seeking funding necessary to deliver the identified community and Council priorities. RESOLUTION

That : 1. the Open Space, Sport and Recreation Strategy be received;

and 2. Council works with relevant community groups and seeks

government funding to support the implementation of priority projects identified in the strategy.

Moved: Cr W Rice Seconded: Cr K Hyslop Carried


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Background/Rationale The project objectives for the strategy included:

To provide a strategic framework for the management and development of recreation provision in the shire for the next 10 years.

To identify and prioritise future sport and recreation development proposals and provide estimates of short, medium and long term funding requirements to undertake these projects including an implementation strategy for Council to effectively and efficiently support recreation development in the Shire.

To provide Council with a document to assist goals to increase participation in a broad range of recreational activities for the improved health and wellbeing of our community and visitors through identifying major gaps, challenges and synergies, responding to these and the development of an appropriate implementation strategy.

To provide Council with a planning document that can assist it to support community sport and recreation to source funding.

To review existing Management/Development plans of Council’s Section 86 Committees of Management of sport and recreation facilities, determining the levels of completion and the relevance of recommendations in the context of current sport and recreation trends in the Northern Grampians Shire Council community.

To identify skills shortages of the volunteer base of sporting organisations and resourcing requirements for ongoing management in the longer term.

Provide a set of aspirational targets to measure the success of the strategy.

The project required the team to undertake a review of past planning and Council documents, and to undertake a range of consultation which included:

A survey of clubs and organisations (resulting in 34 survey responses)

On line survey of schools (resulting in 7 school responses)

A survey of residents and facility users (resulting in 204 responses)

Stakeholder interviews with 16 organisations

Public forums at St Arnaud and Stawell with representatives from approximately 40 groups/clubs/organisations as well as the general public.

Key findings and recommendations based on the research consultation and analysis are contained in the strategy and provide a valuable tool for Council to work with community groups and funding bodies to deliver improved long term outcomes for the community. The strategy has been funded in part by a Sport and Recreation Victoria grant and in part by Council. Implementation of the priority projects within the strategy will be dependent on Council‟s budget process and Council Plan priorities.


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Legislation, Council Plan, Strategy and Policy Implications This report will contribute towards the delivery of the Council plan as follows: Objectives

Improved the social and economic viability of the shire Social, Community and Environment Strategy

We will provide safe and usable assets and services to improve the quality of life for residents by: providing passive and active recreational opportunities for residents and visitors throughout the shire

Options

Option 1 That the strategy be received by Council and be used as a tool to progress improvements in open space, sport and recreation outcomes. This option does not propose that Council commit to deliver all priority projects contained in the strategy as many of these are works in progress and dependant on commitment from others and subject to significant funding. (recommended) Option 2 That the strategy be noted by Council but not received or adopted. This option would simply enable Council to note the information gathered without agreeing to pursue any recommendation or course of action. While this option would not commit Council to any action, it could result in the strategy being unable to be used to support funding applications for sport and recreation works from other state and federal governments and agencies. (not recommended) Reporting Implications Considered in this report? Implications identified?

Social Yes Yes Heritage/Cultural No No Amenity Yes Yes Human Rights/Privacy No No Environmental No No Economic & Marketing Yes Yes Risk Management Yes No Financial Yes Yes Asset Management Yes Yes

Consultation

Community consultation has been extensive and is a feature of the final strategy.


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Officer’s 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, Director Economic and Community. In providing this advice as the Director responsible, I have no disclosable interests in this report. Attachments Open Space, Sport and Recreation Strategy - attachment 9.1


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9.2 Economic and Development Partnerships Project

Division: Business Services and Tourism Environment and Regulatory Services Director: Jim Nolan, Director Economic and Community Sanjay Manivasagasivam, Director Infrastructure

and Environment Manager: Debbie Bach, Manager Economic Growth Kathleen Gosden, Manager Environment and

Regulatory Services Author/Position: Robert Newbury, Team Leader Planning and

Development Services File No: 10 02 012A

Summary

This report provides a review of the projects being conducted within the Shire by the Economic Growth department and the Environment and Regulatory Services department. The report also provides a global backdrop to put the work of the Business Services and Tourism department and the Planning and Development Services department in context.

RESOLUTION That Council notes the officer’s report.

Moved: Cr W Rice Seconded: Cr M Reid Carried

Background/Rationale

Since the introduction of the Economic Development Partnerships program, Council‟s Economic Growth and Planning and Development teams have met weekly to focus on reengaging the business community through one-on- one engagement from initial enquiry through assistance with obtaining required Permits and Approvals, right through to assistance with marketing new businesses. 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. There are currently 24 Planning Permits worth $11,850,330 under consideration and 11 Building permits issued in January 2014 worth $346,860.


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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. Through this analysis and engagement, Council officers have identified business challenges and gaps where we can provide that extra level of assistance to aid businesses in their development. On employment and jobs generation in the Shire, of particular note is the decrease in unemployment in Northern Grampians Shire to a record low of 4.9%. Recent investment in the health sector, which generates over $70m in gross revenue per year, employs 723 people, or 15.2% of the Shire‟s workforce. Since the January fires, Council staff have invested considerable time in visiting business affected by the fire events, to gauge the level of impact experienced within Northern Grampians Shire. While some businesses were directly affected, losing buildings and equipment, others suffered loss of income due to the impending threat of the fire, evacuation of the Halls Gap township and closure of roads in the area. The greatest impact was felt in Halls Gap, although some Stawell businesses also underwent loss of income due to closure of the Western Highway and the fall of visitation to the region. Tourism has also been impacted by recent events. There has been a decrease in tourists through the door of the Halls Gap Visitor Information Centre (VIC) during January 2014. The relocation of the VIC during construction of the Halls Gap Hub has been a factor however the January Northern Grampians Complex fire has also contributed significantly to these lower figures. Council Tourism officers are working in a mobile “pop up” booth in the CBD of Halls Gap during peak visitor times to supplement the VIC relocation at Brambuk. Legislation, Council Plan, Strategy and Policy Implications This report will contribute towards the delivery of the Council Plan as follows: Objectives

Improved the social and economic viability of the Shire. Strategies Red tape reduction strategy

Reviewing all internal policies and procedures to move towards a risk matrix approach and remove duplication or multiple handling of requests.


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Economic Strategy

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.

Options That the officers‟ report be noted. Reporting Implications Considered in this report? Implications identified?

Social No No


Amenity No No


Environmental No No

Economic & Marketing No No Risk Management No No

Financial Yes Yes


Financial - Financial support is available to businesses who meet the criteria under Council‟s Business Assistance Scheme. Officer’s 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 – Debbie Bach, Manager Economic Growth In providing this advice as the Manager responsible, I have no disclosable interests in this report. Manager Responsible – Kathleen Gosden, Manager, Environment and Regulatory Services. In providing this advice as the Manager responsible, I have no disclosable interests in this report. Author Responsible – Robert Newbury, Team Leader Planning and Development Services. In providing this advice as the author responsible, I have no disclosable interests in this report. Attachments Economic Partnerships Project Monthly Report for February 2014 - attachment 9.2


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9.3 Planning Scheme Amendments – Amendments That Reduce Red Tape

Division: Planning & Development Services Director: Sanjay Manivasagasivam, Director Infrastructure

and Environment Manager: Kathleen Gosden, Manager Environment and

Regulatory Services Author/Position: Robert Newbury, Team Leader Planning and

Development Services File No: 10 02 012A

Summary Council officers have identified a number of opportunities that will facilitate red tape reduction in the Planning department. These opportunities will either:

remove the requirement for a Planning Permit; ease the requirements to obtain a Planning Permit; or make it easier to identify what is allowed on the subject land.

This report is to ascertain Council‟s view on progressing with various Planning Scheme Amendments or policies that address red tape reduction in planning. As there are a number of complex matters to be addressed individually, these Amendments will be brought before Council two or three at a time over the coming months. RESOLUTION

That Council:

1. Planning Scheme Amendment C39 Public Parks (Anomalies)

a) Proceeds with Planning Scheme Amendment C35 Public Parks (Anomalies) Amendment.

2. Planning Scheme Amendment C36 Change to Rural Living Schedule

a) Proceeds with Planning Scheme Amendment C36 Change

to Rural Living Schedule with the required work either:

through a planning scheme amendment; or

where appropriate introduce policies that will support the Changes to the Rural Living Schedule; and

b) Combines this work with Amendment C44 to avoid any duplication of processes.


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3. Planning Scheme Amendment C44 Rural Zones

a) Notes the key changes to the reformed Rural Zones (C44) Rural Zones; and

b) Seeks a further report on:

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

appropriate/suitable separation of farming activities from dwellings in the Farming Zone through the development of a Policy; and

the proposed amendments to the Schedules to the Rural Living Zone.

Moved: Cr K Hyslop Seconded: Cr W Rice Carried

Background/Rationale Recent state government planning changes mean that some Planning Scheme Amendments and policies that have been worked on over recent years within the Shire may no longer be required. Additionally, some of the amendment documentation that has been prepared over the past five years may need to be updated to ensure it is current before the amendment can proceed. 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 Discussion Paper NGSC Planning Scheme Amendments and Policies.

Identifying planning scheme amendments or policies that reduce „red tape‟ will facilitate land use and development in the municipality while at the same time protecting social, cultural and heritage values. There is potential for the reduction in planning „red tape‟ to impact both positively and negatively on sites or places that have heritage or cultural values and this must be considered carefully by Council and the community‟s views sought before changes are implemented. Any proposed planning „red tape‟ reductions will take into consideration any likely amenity impacts. There is the possibility for any land use or development to impact on the amenity of the subject land and surrounding land. This is of particular importance in changes to the suite of Rural Zones as the vast majority of the Northern Grampians Shire land area is contained within a rural zone.


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The Planning Scheme has been structured to trigger a Planning Permit where it is deemed that the use or development may be of interest to people other than the applicant. The process of referrals and notifications enables people to comment on proposed development and use of land. This is further supported through the Victorian Civil Administrative Tribunal (VCAT) system which gives people the rights to appeal planning decisions. Planning „red tape‟ reductions will therefore only be considered in areas where there is minimal likelihood of increasing the number of VCAT hearings as a result of Council‟s planning decisions. Identifying Planning Scheme Amendments or policies that reduce planning „red tape‟ will facilitate land use and development in the municipality. This should lead to improved economic development within the municipality. Planning „red tape‟ reductions will take into consideration any likely risk issues and where possible will aim to reduce Council‟s exposure to risks associated with planning decisions.

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. Legislation, Council Plan, Strategy and Policy Implications The Planning and Environment Act 1987 is the guiding legislation for planning in Victoria. Council cannot override any legislative responsibilities established under the Act or within the Northern Grampians Planning Scheme unless there are specific provisions or powers that enable this to be done. Any proposed planning Scheme Amendments or policies will be reviewed in line with legislative and planning responsibilities. This report will contribute towards the delivery of the Council Plan as follows: Objectives

Improved the social and economic viability of the Shire. Strategies Red tape reduction strategy

Reviewing all internal policies and procedures to move towards a risk matrix approach and remove duplication or multiple handling of requests.


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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.

Options

Option 1 That Council pursues the three proposed Planning Scheme amendments relating to public parks, rural living and rural zones. These amendments will provide a greater level of surety for land-owners, remove red-tape and reduce the need for planning permits in some areas. (Recommended)

Option 2 That Council abandons the pursuit of the three proposed Planning Scheme amendments relating to public parks, rural living and rural zones. This option could lead to a layering of confusion and effectively lock up land in VCAT appeals or prevent development. (Not recommended). Reporting Implications Considered in this report? Implications identified?

Social Yes Yes

Heritage/Cultural Yes Yes

Amenity Yes Yes

Human Rights/Privacy Yes Yes

Environmental Yes Yes

Economic & Marketing Yes Yes

Risk Management Yes Yes

Financial No No


Consultation

Community Consultation will be undertaken as required under the Planning and Environment Act 1987 which requires Amendments to be placed on public exhibition. Council is required to consider submissions received during the public exhibition period. Officer’s 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.


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Director Responsible – Sanjay Manivasagasivam, Director Infrastructure & Environment In providing this advice as the Director Responsible, I have no disclosable interests in this report. Manager Responsible – Kathleen Gosden In providing this advice as the Manager Responsible, I have no disclosable interests in this report. Author – Robert Newbury In providing this advice as the Author, I have no disclosable interests in this report. Attachments Discussion Paper titled NGSC Planning Scheme Amendments and Policies - attachment 9.3


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9.4 Sale of Council Land and Discontinuance of Road

Department: Corporate Services Business Unit: Governance & Civic Support Director: Vaughan Williams, Director Corporate Services Author/Position: Mary Scully, Manager Governance & Civic

Support File No: 2/4640/6400

Summary

Council is asked to:

1. commence the formal process to sell two lots of Council owned land at the rear of the Powerhouse complex in Sloane Street, Stawell (Lot 1 TP559194 and Lot 1 TP120109), more particularly described on Certificate of Title Volume 8991 and Folio 196 and Certificate of Title Volume 9875 and Folio 196 ; and

2. consider the permanent discontinuance of Pascoe Lane Stawell as a public road and to commence the formal process to sell the discontinued road.

RESOLUTION

That Council 1. in accordance with section 189 of the Local Government Act 1989

resolves to sell Council owned land at the rear of 42 Sloane Street Stawell;

2. in accordance with section 206, schedule 10, clause 3 of the Local

Government Act 1989 gives notice of its intention to discontinue Pascoe Lane;

3. in accordance with section 189 of the Local Government Act 1989

resolves to sell the discontinued road; and 4. invites submissions in accordance with section 223 of the Local

Government Act 1989.


Background/Rationale The Local Government Act 1989 provides for Council to sell land no longer required for municipal purposes. It also provides for Councils to discontinue a road and to sell the land from that road if it is not Crown land.


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The adjoining landowners of one of the lots of land (0.03ha) in Stawell and Pascoe Lane Stawell have approached Council wishing to purchase the land. While no interest has been shown at this time to purchase the second small lot (0.04ha) in Stawell it is proposed to give notice of Council‟s intention to sell this lot to encourage interest from other landowners. If Council believes the three lots are no longer required for municipal purposes it has several legislative obligations before the formal sales and road discontinuance can occur. To comply with the Local Government Act 1989 formal notice of any proposed sale of land or discontinuance of road is to be given at least 4 weeks prior to any sale or discontinuance. Council must also obtain a valuation of the land to be sold which is in the process of being completed. To discontinue a road a notice has to be published in the Government Gazette.

Legislation, Council Plan, Strategy and Policy Implications Council Plan Strategy – Assets – we will reduce the infrastructure renewal gap and manage our roads, buildings and structures for safety and optimal use. Options Council has the option to commence the process as detailed in the report or to take no further action. Reporting Implications Considered in this report? Implications identified?

Social No No


Amenity Yes Yes


Environmental No No



Financial Yes Yes

Asset Management Yes Yes

Amenity - The closure of the subject road may affect vehicular access for adjacent properties and the public submission process will give adjoining property owners the opportunity to raise concerns. Financial - There are no significant costs associated with the road discontinuance other than the minor costs of advertising and the publication of notice in the Victorian Government Gazette for the road discontinuance.


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Asset Management - The closure of the subject road does not affect any right, power or interest held by a public authority in a road in connection with any sewers, drains, pipes, wires or cables under the control of the authority in or near the discontinued road. Pascoe Lane is classed as a Minor road and provides secondary access to adjoining properties. The maintenance standard for this type of road is on an as needs basis only and Council rarely performs any maintenance works on this type of road. Consultation

The giving of public notice will allow for community consultation and invite interest from prospective purchasers. Officer’s 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 – Vaughan Williams In providing this advice as the Director Responsible, I have no disclosable interests in this report. Author – Mary Scully In providing this advice as the Author, I have no disclosable interests in this report. Attachments There are no attachments to this report.


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9.5 Revenue and Rating Strategy and Farm Land Rate Differential Policy Department: Financial & Information Services Business Unit: Financial Services Director: Vaughan Williams, Director Corporate Services Manager Responsible: Julia Smith, Manager Financial & Information

Services Author/Position: Julia Smith, Manager Financial & Information

Services File No: 07 01 001A

Summary Council is asked to adopt the newly developed Revenue and Rating Strategy and the updated Farm Land Rate Differential Policy. The Revenue and Rating Strategy sets out the factors which Council considers in making decisions about its revenue and rating systems to ensure that sufficient funds can be derived to enable the Council Plan. It also identifies the most equitable method of distributing the rate burden across the shire. The Farm Land Rate Differential Policy is referenced within the Revenue and Rating Strategy. The policy sets out the details of Council‟s differential rate and provides a framework that determines eligibility for rating purposes ensuring that the rate is applied appropriately and consistently in order to achieve Council‟s objective in setting the rate. MOTION That Council considers the Revenue and Rating Strategy and the

Farm Land Rate Differential Policy separately. Moved: Cr K Hyslop THE MOTION LAPSED FOR WANT OF A SECONDER RESOLUTION

That the Revenue and Rating Strategy and the Farm Land Rate Differential Policy be adopted. Moved: Cr M Emerson Seconded: Cr T Driscoll Carried DIVISION For the motion: Crs Erwin, Reid, Rice, Driscoll and Emerson Against the motion: Cr Hyslop


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Background/Rationale Council adopted its current Farm Land Rate Differential Policy in August 2009. There has been no change to the farm land rate differential or the framework for eligibility set out within the policy however it has been updated with some minor administrative changes including an annual review in line with the budget process. The Revenue and Rating Strategy has been developed to further detail the factors that Council considers in making decisions about the rating system which in turn influence the share of rates and charges to be paid by each property within the shire. The strategy also sets out the principles that influence Council‟s decision making with regards to other revenue sources including user fees, grant funding and borrowings. The Revenue and Rating Strategy and Farm Land Rate Differential Policy were discussed at the Councillor briefing held on 10 February, 2014. Legislation, Council Plan, Strategy and Policy Implications

Objective: 2. Delivered targeted projects and core services. Strategy: Financial Sustainability – implementing financial policies and services to support Council‟s operations and to meet reporting and accountability requirements. Options As Council is requested to adopt the strategy and the policy there are no options suggested. Reporting Implications Considered in this report? Implications identified?

Social Yes Yes


Amenity No No


Environmental No No



Financial Yes Yes


Social – as contained within the Revenue and Rating Strategy. Financial Management – as contained within the Revenue and Rating Strategy.


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Consultation Community consultation is undertaken as part of the Council Plan and annual budget preparation. Community consultation was undertaken in 2009 when the Farm Land Rate Differential Policy was last reviewed. No further consultation has been undertaken as part of this review. The adopted strategy and policy will be available to the community on Council‟s website. Officer’s 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. Attachments (Draft) Revenue and Rating Strategy - attachment 9.5A (Draft) Farm Land Rate Differential Policy - attachment 9.5B


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9.6 Rates and Charges Debt Collection Policy

Department: Financial & Information Services Business Unit: Financial Services Director: Vaughan Williams, Director Corporate Services Manager Responsible: Julia Smith, Manager Financial & Information

Services Author/Position: Julia Smith, Manager Financial & Information

Services File No: 07 11 002A

Summary Council is requested to adopt the updated Rates and Charges Debt Collection Policy. The policy provides a framework for efficient and effective collection of outstanding rates and charges whilst treating people respectfully, fairly and consistently and at the same time fulfilling statutory requirements. RESOLUTION

That the Rates and Charges Debt Collection Policy be adopted.


Background/Rationale Council derives a large share of its revenue from rates and charges, therefore has a responsibility to ensure all monies owing are collected effectively in order to finance its operations and manage cash flow. Council originally adopted its Rates and Charges Debt Collection Policy in June 2012 with a review date set for June 2013. The updated policy was discussed at the Councillor briefing held on 10 February, 2014. Legislation, Council Plan, Strategy and Policy Implications

Objective: 2. Delivered targeted projects and core services. Strategy: Financial Sustainability – implementing financial policies and services to support Council‟s operations and to meet reporting and accountability requirements.


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Options As Council is requested to adopt the policy there are no options suggested. Reporting Implications Considered in this report? Implications identified?

Social No No


Amenity No No

Human Rights/Privacy Yes Yes

Environmental No No



Financial Yes Yes


Human Rights/Privacy – The policy provides that all debt collection arrangements will be treated as strictly confidential. Risk Management – Strategic financial management is essential to the management of Council‟s exposure to financial risk. Financial Management – Management and recovery of outstanding debt is an important aspect of Council‟s financial management function. Consultation There has been no community consultation undertaken as part of the development of the Rates and Charges Debt Collection Policy. The adopted policy will be available to the community on Council‟s website. Officer’s 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. Attachments (Draft) Rates and Charges Debt Collection Policy - attachment 9.6


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9.7 Request for Support

Department: Infrastructure & Environment Business Unit Parks & Gardens Director: Sanjay Manivasagasivam, Director

Infrastructure & Environment Manager Responsible: Bruce McClure, Manager Infrastructure Author/Position: Sanjay Manivasagasivam, Director

Infrastructure & Environment File No: 1-5900-6700

Summary This report is to consider a request from McCallum Disability Services Inc for design and implementation of suitable landscaping around the new St Arnaud Murdoch Respite House. RESOLUTION That Council contributes $2,000 towards the landscaping works at

the Murdoch Respite House from Council’s Community Grants Program.

Moved: Cr T Driscoll Seconded: Cr W Rice Carried

Background/Rationale Council has received a request from McCallum Disability Services Inc for design and implementation of suitable landscaping around the new St Arnaud Murdoch Respite House, which is nearing completion. This new facility will provide respite for adults and children in St Arnaud and surrounding district. Council‟s Parks and Garden team has prepared an estimate for the design and implementation of suitable landscaping around the new respite house. It is estimated that it will cost $38,000 for landscaping works. McCallum Disability Services has indicated that the organisation would contribute $10,000 towards the landscaping works. Legislation, Council Plan, Strategy and Policy Implications This request has no impact on Council Plan, strategy or policy. Options Council has three options in relation to this request from McCallum Disability Services Inc, namely:


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Option 1 Council allocates additional $28,000 towards landscaping for St Arnaud Respite house and agrees to a budget variation (not recommended). Option 2 Council contributes $ 5,000 towards the cost of the landscaping works from Council‟s Community Grants Program (recommended) Option 3 Council doesn‟t make any contribution to the landscaping works (not recommended). Reporting Implications Considered in this report? Implications identified?

Social Yes No

Heritage/Cultural Yes No

Amenity Yes No

Human Rights/Privacy Yes No

Environmental Yes No

Economic & Marketing Yes No

Risk Management Yes No

Financial Yes Yes

Asset Management Yes No

Financial - Council has a set budget for the 2013/14 financial year and the budget does not include funding private works on non-Council owned or controlled land. A budget variation of $28,000 would be the required if Council chooses to fund the landscaping works for St Arnaud Murdoch Respite House.

Consultation The community has not been consulted on the contents of this report. Officer’s 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 – Sanjay Manivasagasivam In providing this advice as the Director Responsible, I have no disclosable interests in this report. Attachments There are no attachments to this report.


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9.8 Verandah Restoration Fund Application

Department: Economic and Community Business Unit: Economic Growth Director: Jim Nolan, Director Economic & Community Manager Responsible: Debbie Bach, Manager Economic Growth Author/Position: Justine Linley, CEO File No: 2-3280-11699

Summary An application has been received from the owner of 70 Main Street, Stawell, for a Community Loan for the construction of a heritage verandah and balcony. The application has been processed in accordance with Council‟s policy for Community Loans and policy for Verandah and Heritage Streetscape restoration. The total cost of the project is estimated at $146,788. The property is the former Men‟s Store and General Emporium (now trading as a café and convenience food premises Raunchy Rooster). RESOLUTION

That Council approves a loan of up to $73,400, representing fifty per cent of the total estimated cost of restoration works, to FTR Family Trust for the restoration and construction of a balcony and verandah at 70 Main Street, Stawell in accordance with Council’s Verandah and Heritage Streetscape Policy and Council’s Community Loan Policy.

Moved: Cr K Hyslop Seconded: Cr M Reid Carried

Background/Rationale In April 2005, Council launched the Northern Grampians Heritage Study and placed the study on exhibition. The Study identified a large number of commercial, retail and community buildings in the business districts of Stawell and St Arnaud. Those buildings with original verandahs and original external heritage features were noted. Subsequently, Council was successful in obtaining a small fund from Heritage Victoria to enable the restoration of specific heritage verandahs in the shire. The first verandah where the fund was applied was the Botanical Hotel verandah in St Arnaud. In early 2011 Council reviewed the policy and methods of providing or sourcing funds for property owners to restore heritage features of commercial buildings.


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This review led to an alteration of the Community Loan Policy to enable loans to be drawn from the Community Loan Reserve for the purposes of implementing the Verandah and Heritage Streetscape Policy. The principles of the Verandah and Heritage Streetscape Policy are as follows:

a) Where a building has never had a street verandah, no verandah is to be added to the building;

b) All original or early verandahs in commercial streetscapes, especially in St Arnaud and Stawell, are to be retained.

c) Advice and assistance will be provided to property owners to enable the conservation and repair of existing original or early street verandahs and original external building features. Advice and assistance will also be provided to enable owners to reconstruct early or original street verandahs that have been removed from a building. Verandahs or external features must be based on documentary and physical evidence. Where no detailed documentary evidence is available but some documentary or physical evidence of an earlier verandah is found, a simplified compatible verandah for the age, proportions and style of building will be acceptable.

d) Consideration must be given to the reconstruction of an early or original verandah only if the building façade is reconstructed, based on historical and physical evidence.

e) Where new verandahs are proposed for construction on new buildings, the verandah should not replicate an early verandah but may conform to a simplified modern interpretation of nearby verandahs.

f) Property owners may apply to Council for a low interest Community Loan to undertake restoration works. The maximum loan amount, interest payments and duration of the loan will be determined by Council. The loan can be for no more than fifty per cent of the total cost of restoration works and no greater than the maximum loan amount as determined by Council.

The property was recommended for local significance in Council‟s 2005 Heritage Study. The following is an extract from the Statement of Significance: “The former Men’s Store and General Emporium, 70 Main Street, Stawell, is architecturally significant at the Local level. Although altered, it still demonstrates original design qualities of a Victorian Free Classical style. These qualities include the projecting and dentillated parapet flanked by rectangular stylised consoles, three-bayed first floor composition of arched window and door openings having projecting surrounds with punctuating keystones in the arches and crowning label moulds, and the timber framed double hung windows and timer and glazed French doors. Other intact or appropriate qualities include the symmetrical composition, two storey height, rendered brick wall construction and the rendered masonry quoin work.


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The building is associated with commercial developments in Stawell as early as the 1870s and has particular associations with Albert William Whiteside, who operated a Men’s Store and General Emporium for many years. The building continued as a men’s store until 1960.” Legislation, Council Plan, Strategy and Policy Implications Council Plan 2013 – 2017: Strategic Objective, Improved social and economic viability of the shire. Economic Strategy – We will develop the local economy and increase diversity of industry in the Northern Grampians Shire. Community Loans Policy 2013 Verandah and Heritage Streetscape Policy 2011 Options Option A That Council provides a loan of up to $73,400, representing fifty per cent of the total estimated cost of restoration works (recommended). Option B That Council provides a loan of up to $146,788 being the full estimated cost of restoration works (not recommended). Option C That Council notes the application and decline to provide a community loan. (not recommended) Note that the property owner has applied for a Community Loan for the full construction cost of $146,788. The works are planned to be undertaken by local Stawell-based contractors and in accordance with a plan provided by Council‟s Heritage Advisor, Mrs Wendy Jacobs, Heritage Architect.

Reporting Implications Considered in this report? Implications identified?

Social No No

Heritage/Cultural Yes No

Amenity Yes No


Environmental No No



Financial Yes Yes


Financial - There are sufficient funds available in the Community Loan Fund to cover an allocation of funds for this loan application.


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Consultation Council‟s Heritage Advisor, Mrs Wendy Jacobs, has been consulted as part of the application process and has prepared the preliminary design advice. Officer’s 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 – Justine Linley In providing this advice as the Author, I have no disclosable interests in this report. Attachments Drawing, Verandah Reconstruction, 70 Main Street, Stawell, prepared by Wendy Jacobs – attachment 9.8


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9.9 Governance Reforms to Regional Waste Management Groups

Department: Environment & Regulatory Services Business Unit: Waste Management Director: Sanjay Manivasagasivam, Director Infrastructure

and Environment Manager Responsible: Kathleen Gosden, Manager Environment & Regulatory Services Author/Position: Kathleen Gosden, Manager Environment &

Regulatory Services File No: 09 16 011A

Summary This report outlines the impacts that the governance reforms to Regional Waste Management Groups will have on the Pomonal Road Landfill, particularly in relation to the planning permit and the disposal of Council‟s municipal waste to this site. This report also outlines appointment of Cr representatives to the Central West Grampians Waste and Recovery Regional Forum. RESOLUTION

1. That Council gives consideration to the following options to address the issues arising as a result of the governance reforms to Regional Waste Management Groups as it impacts on the permit for the Pomonal Road Landfill:

1. Advocate and write to the Minister for Environment and

Climate Change to seek financial assurance that any costs borne by Council as a result of reforms to the Regional Waste Management Groups in relation to the Pomonal Road landfill will be covered by the state.

2. Advocate and write to the Minister for Planning to seek

support to work with the Minister for Environment and Climate Change to resolve the issues associated with the planning permit for the Pomonal Road Landfill.

3. Obtain advice and direction from the Minister for Local

Government on whether exemption from Section 186 of the Local Government Act 1989 should be sought as a result of the governance reforms to Regional Waste Management Groups in relation to the provision of airspace to landfill the Council’s municipal waste.


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4. Advise the Grampians Regional Waste Management Group that the Northern Grampians Shire Council is not interested in holding the planning permit for the Pomonal Road Landfill; and

2. That Council endorses the appointment of Cr Kevin Erwin to the

Grampians Central West Waste and Resource Recovery Region Local Government Waste Forum for 2014/2015 as the representative of Northern Grampians Shire Council.

3. That any Northern Grampians Shire Council assets that the

Grampians Regional Waste Management Group holds be passed on to the new group.

Moved: Cr K Erwin Seconded: Cr T Driscoll Carried

Background/Rationale Over recent years the government has reviewed the function and structural arrangements of the Regional Waste Management Groups. As a result of these reviews the Minister for Environment and Climate Change announced in August 2013 that he would be implementing a number of significant changes to the Regional Waste Management Groups. The key changes that will impact on the Northern Grampians Shire Council are:

The current 12 Regional Waste Management Groups will be consolidated into 6 Regional Waste and Resource Recovery Groups.

The Grampians Regional Waste Management Group (GRWMG), which Northern Grampians Shire Council is a member of, will become the Grampians Central West Waste and Resource Recovery Group.

The Grampians Central West Waste and Resource Recovery Group covers 12 municipalities, including Northern Grampians Shire Council whereas the GRWMG covered four municipalities.

The Grampians Central West Waste and Resource Recovery Group will have four Councillor representatives appointed to the Board whereas the GRWMG has a Councillor from each of the municipalities that the group covers; and

The Minister for Environment and Climate Change has directed the GRWMG Board to work with the Pomonal Road landfill operator, Northern Grampians Shire Council and the Ararat Rural City Council to resolve any planning and contractual issues resulting from the cessation of the GRWMG on 31 July 2014.


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The GRWMG holds planning permit STA/99/000015 (the permit) for the Pomonal Road landfill. This permit was issued by the Minister for Planning in 1999. There are a number of legal or financial implications that need to be resolved to remove the GRWMG as the permit holder, including but not limited to:

The permit was issued by the Minister for Planning, not the Minister for Environment and Climate Change.

The Minister for Planning is the Responsible Authority for amending the permit, not the GRWMG, Northern Grampians Shire Council, Ararat Rural City Council, or the operator as implied by the Minister for Environment and Climate Change who has directed these parties to work to resolve the permit issues.

Changes or amendments to the permit will potentially void the current lease, operations agreements and the agreements around the provision of air space for Northern Grampians Shire Council and Ararat Rural City Council, leaving councils vulnerable to security for the disposal of municipal waste at the current agreed pricing structure.

Changes or amendments to the permit may result in Council requiring exemption from section 186 of the Local Government Act 1989 to avoid any litigation for loss of income or expenses being claimed by the current operator if the current agreements are no longer found to be legally valid or binding.

Council may be required to transport municipal waste to an alternative landfill if the issues cannot be resolved by 31 July 2014 exposing Council to increased transportation costs and unknown gate fees.

The Council, as a member of the GRWMG, is at risk of being exposed to any liabilities left by the GRWMG in trying to resolve the issues under direction for the Minister for Environment and Climate Change

The Environment Protection and Sustainability Victoria Amendment Bill 2014 established the six new Waste and Resource Recovery Groups (WRRGs) across Victoria, in place of the current twelve Regional Waste Management Groups (RWMGs).

The new WRRG‟s will commence on 1 August 2014, replacing the current 12 Regional Waste Management Groups. Cr Kevin Erwin is currently the Council representative (Director) on the Grampians Regional Waste Management Group, as well as the chairperson for the Group. The new WRRGs will have boards consisting of four directors nominated to the Minister for Environment and Climate Change by local governments in their Waste and Resource Recovery Region, and four appointed by the Minister.


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The Victorian government is establishing a Local Government Waste Forum in each region, to nominate the four local government directors. The forums will also serve as an ongoing conduit for consultation between all local governments and the new WRRGs.

The Minister for Environment and Climate Change has requested that each Council in a Waste and Resource Recovery Region nominate a councillor to be its representative on the Local Government Waste Forum, by 31 March 2014.

Legislation, Council Plan, Strategy and Policy Implications This report is linked to the:

Environment Protection Act 1970 and the parliamentary amendments that are being enacted to bring about the reforms to Regional Waste Management Groups.

Local Government Act 1989 – in respect to the procurement of services by Local Government (Section 186)

Planning and Environment Act 1987 – in respect to the planning permit

for the Pomonal Road Landfill i.e. the development and use of the land for that purpose.

Council Plan – Waste Strategy – The Council Plan recognises that the

Council has key functions and responsibilities in providing waste services for the community.

Options Council has a limited range of options available to it to resolve the complexities resulting from the governance reforms to the Regional Waste Management Groups. Council officers and the Council representative on the GRWMG Board will continue to work with the GRWMG to identify these issues. The issues however have been imposed on the Board and Council as a result of a decision by the Minister for Environment and Climate Change. The Council therefore can take an advocacy position to ensure that the Council is not exposed or impacted by any of the changes resulting from the governance reforms. Alternatively Council could advise the Minister for Planning and Environment that it is willing to take on the permit for the Landfill post 31 July 2014. If Council chooses this option it will be responsible for ensuring that all conditions of the permit are being met, including but not limited to:

Ensuring that no waste is deposited outside of the former quarry hole;

Ensuring no mud is tracked from the site;


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Submitting plans for leachate collection, roads, drainage, groundwater monitoring, gas extraction, firefighting installation etc; and

That works are in accordance with the works approval and the Licence issued by the Environment Protection Authority for the landfill.

Council is currently the Responsible Authority for the administration of the permit. The administration of the permit requires Council to undertake enforcement works if the permit holder is in breach of the permit. If Council was to become the permit holder in the future i.e. post 31 July 2014, the Council may be required to take enforcement action under the Planning and Environment Act 1987 on itself for any breaches of the permit conditions. Reporting Implications Considered in this report? Implications identified?

Social Yes Yes


Amenity No No


Environmental No No



Financial Yes Yes


Social – The proposed changes may result in increased costs for the provision of landfill, or lead to disruptions in the provision of the waste services provided by Council. Risk Management – The proposed changes expose Council to a range of risks which the Minister for Environment and Climate Change may not be fully aware of as a result of the decision he has made. Financial – The proposed changes may result in Council being exposed to costs that were not anticipated or budgeted which the Minister for Environment and Climate Change may not be fully aware of as a result of the decision he has made. Consultation The community has not been consulted on the contents of this report. Local Government and the Regional Waste Management Groups have been involved in ongoing consultation over the past two years with state agencies involved in reviewing roles and responsibilities of Regional Waste Management Groups.


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Officer’s 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 – Sanjay Manivasagasivam, Director Infrastructure & Environment In providing this advice as the Director Responsible, I have no disclosable interests in this report. Author & Manager Responsible – Kathleen Gosden, Manager Environment & Regulatory Services In providing this advice as the Author & Manager Responsible, I have no disclosable interests in this report. Attachments There are no attachments to this report.


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RESOLUTION

That Council appoints Cr Wayne Rice as temporary Chair for consideration of Item 9.10.

Moved: Cr K Hyslop Seconded: Cr T Driscoll Carried

Cr Erwin, having earlier declared a direct interest in Item 9.10 left the Chamber at 6.53pm. Cr Rice assumed the Chair.

9.10 Central Highlands Mayors and CEOs Delegation to Canberra

Department: Economic and Community Business Unit: Economic Growth Director: Jim Nolan, Director Economic & Community Manager Responsible: Debbie Bach, Manager Economic Growth Author/Position: Justine Linley, Chief Executive Officer File No: 01 02 002A

Summary The Central Highlands Mayors and CEO‟s Forum (the Forum) comprises eight municipalities in the central west of Victoria. Northern Grampians Shire Council is a member of the forum. In the lead up to the 2014/15 Federal Budget and policy discussions, the Forum has outlined an advocacy campaign directed at securing funding and support for projects and activities of direct relevance and benefit to communities and business in our region. A small delegation has been planned for March 2014 to Canberra to promote and seek support for projects including the Western Highway Duplication and safety improvements, Mobile Telecommunications, the Stawell Post-mining development projects and major infrastructure projects. It is proposed that the Mayor and CEO participate in the March delegation. RESOLUTION

That Council approves the attendance of the Mayor, Cr Kevin Erwin and Chief Executive Officer, Mrs Justine Linley, in the March 2014 delegation of the Central Highlands Mayors and CEOs to Canberra.

Moved: Cr K Hyslop Seconded: Cr M Reid Carried


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Background/Rationale Council has been a member of the Central Highlands Mayors and CEOs forum for a number of years. The benefits of a regional approach to significant infrastructure projects and the ability to leverage support leading to major funding cannot be underestimated. The advocacy work of the forum has led to funding for the first stages of duplication of the Western Highway and federal funding for projects such as the Halls Gap Tourism and Community Hub. Council also has a travel policy where any interstate or overseas travel to be undertaken by Councillors, including the Mayor, must be approved by a resolution of Council. Legislation, Council Plan, Strategy and Policy Implications Council Plan 2013 – 2017: Strategic Objective, Improved social and economic viability of the shire. Economic Strategy – We will develop the local economy and increase diversity of industry in the Northern Grampians Shire. Options Option A That Council approves the attendance of the Mayor and CEO as part of the March delegation to Canberra (recommended). Option B That Council declines the invitation for the Mayor and CEO to attend the March delegation to Canberra (not recommended).

The budget for the delegation will involve return air fares and possibly one night‟s accommodation. There is sufficient budget to enable the Mayor‟s and CEO‟s attendance.

Reporting Implications Considered in this report? Implications identified?

Social No No


Amenity No No


Environmental No No



Financial Yes No



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Consultation Consultation has occurred on the items to be put forward to Ministers and departments as part of the delegation. Officer’s 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 – Justine Linley In providing this advice as the Author, I have no disclosable interests in this report other than as a potential attendee as part of the delegation. Attachments There are no attachments. Cr Erwin returned to the Chamber at 6.57pm and assumed the Chair.

10. NOTICES OF MOTION OR RESCISSION

11. REPORTS FROM COUNCILLORS/COMMITTEES

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

11.1 Stawell Community Recreation Committee Meeting- 3 December, 2013 11.2 Stawell Community Recreation Committee Annual General Meeting- 4

February, 2014 [06 08 042A] RESOLUTION:

That the reports be received.



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12. URGENT BUSINESS

Cr Emerson asked that the matter of a letter of congratulations be raised as Urgent Business. Cr Erwin asked that the matter of a site meeting at the Stawell railway station be considered as Urgent Business.

RESOLUTION:

That the items as raised be considered as Urgent Business.

Moved: Cr M Emerson Seconded: Cr K Hyslop Carried

12.1 Letter of Congratulations – Waack’s Bakery

[01 01 002A]

RESOLUTION:

That a letter of congratulations be sent to Waack’s Bakery Stawell for its success at the recent Baking Associations of Australia awards evening including winning the Australia’s Best Hot Cross buns award.

Moved: Cr M Emerson Seconded: Cr K Hyslop Carried

12.1 Stawell Railway Station – On-Site Visit

[2/3700/6300]

RESOLUTION:

That an on-site meeting with relevant authorities be organised for the Stawell railway station to discuss cleaning and provision of public toilets on site.

Moved: Cr K Erwin Seconded: Cr W Rice Carried


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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 C19 2013/2014 - Road Rehabilitation Program

14.2 Contract No. C12-2012/2013 – Flood Recovery Works, Stream Damage Rehabilitation & Restoration at Bridges & Major Culverts

RESOLUTION:

That the meeting be closed to consider the items listed pursuant to section 89(2) of the Local Government Act 1989. Moved: Cr W Rice Seconded: Cr K Hyslop Carried


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OPEN COUNCIL RESUMED The Chief Executive Officer reported that the following decisions had

been taken in Closed Council.

14.1 To award Contract No. C19 2013/2014 – Road Rehabilitation Program to P. Miller Contractors Pty Ltd.

14.2 To extend Contract No. C12 2012/2013 until such time as the

works are completed, however not later than 30th June, 2014.

15. CLOSE

There being no further business, the Mayor declared the meeting closed at 7.27pm.

Confirmed [Cr Kevin Erwin, Mayor] Date: 7 April, 2014

Minutes of Ordinary Meeting 3 March, 20142014/03/03 · Minutes of the Ordinary Council Meeting – 3 March, 2014 Page 9 Date Description Matter/s considered Conflict of interest

Documents