Agenda of Ordinary Meeting

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 12 June 2013

6.2 Report of Assembly of Councillors Meetings

Attachment 1 Record of Meeting - 6 May 2013

BULOKE

SHIRE COUNCIL

RECORD OF ASSEMBLY OF COUNCIL MEETING

Meeting held at 5.08pm Monday 6 May 2013 at the Wycheproof Hall Supper Room

Present:

Councillors:

Cr Tellefson, Cr Pollard (from 5.15pm), Cr Mather, Cr McLean, Cr Milne and Cr White.

Staff:

Members of the Community:

Mr John Hardy (Regional Asset Manager, PowerCor) (from 5.35pm to 6.15pm), Mr Wayne Evans (Vegetation Manager, PowerCor) from 5.35pm to 6.15pm) and Mr Kevin Burgess (General Manager, VemCo) (from 5.35pm to 6.15pm).

Apologies:

Cr Sharp

Disclosure of Interests:

Nil

Cr Mather took the Chair

MATTERS DISCUSSED

1. Presentations

1.1 MSS and Planning Scheme Review

The Senior Planner made a presentation to the meeting as to the status of the MSS review and the Planning Scheme review.

1.2 PowerCor re Line Clearance Works

Messrs Hardy, Evans and Burgess made a presentation to the meeting on the electric line clearance program in the Shire programmed to commence in October/November 2013. Agreement was reached for Council Officers to liaise with PowerCor to arrange consultation is each of the township areas in accord with the program.

1.3 Budget 2013/14

The Chief Executive Officer tabled Budget Discussion Paper No.1 and the revised Forward Capital Works Program for review and made a presentation concerning both documents. A Special Assembly Meeting is to be held on 15 May 2013 at Wycheproof to further discuss the materials.

2. Councillor Reports

Nil

3. CEO and Senior Management Team Reports

a. Legal

The Chief Executive Officer reported on the following legal matters:

i) Community housing

ii).Local Laws/Planning enforcement

iii) Building dispute

iv) Building control matters

v) FOI requests

4. Risk

i) Public Risk Incidents

The Chief Executive Officer reported on the following risk related matters:

1) Sea Lake (2012) – Trip

2) Sea Lake (2012) – Fall

3) Donald (2012) – Fallen branch

4) Buckrabanyule (2012) – Cattle on road

5) Birchip (2012) – Trip

6) Culgoa (2012) – Fallen branch

7) Donald (2012) – Fall

8) Donald (February) – Trip

9) Charlton (March) – Dog attack

10) Sea Lake (March) – Trip

11) Donald (April) – trip

12) Wycheproof (April) – Dog attack

13) Donald (April) – Dog rush

ii) Risk Register – Review of risk likelihood, consequence and residual risk following mitigation is being undertaken following the Audit Advisory Committee meeting held on 22 February 2013. Updated register and quarterly incident report to be tabled as soon as it is available..

iii) Staff Incident Reports

1) Sea Lake (April) – Aggravation of previous injury - Home Care.

iv) WorkSafe

1) Nil

vii) Insurance

Review of coverage, including loss ratio, has commenced

5. Governance

a) Council Plan 2013-2017 – Plan has been reviewed and edited for publication. Financials still to be added.

b) Code of Conduct for Staff – Draft Staff Code prepared and currently being reviewed.

c) Ordinary Meetings of Council – Progress of Actions from Minutes

Meeting Reference	Item	Action	Progress
Ordinary Meeting 10 April 2013	Permission to seek authorisation from the Minister to prepare Buloke Planning Scheme Amendment C18-Industrial3 Zone	That the Council: 1. Note that the information provided as part of seeking authorisation to prepare an amendment to the planning scheme includes the following: - To rezone a total of sixty four individual properties - Apply the Environmental Audit overlay to two properties - Replace the existing Industrial Development policy 2. Approve the request to seek authorisation from the Minister for Planning to prepare Amendment C18 to the Buloke Planning Scheme to provide a supply of appropriately located Industrial land for development.	Request for authorisation sent to the Minister
	Domestic Animals Act, Request for Exemption	That Mr Moir be advised that 1. 1. Council cannot support his request to resolve that an exemption be granted to him under section 10D of the Domestic Animals Act 1994 (the Act) for his dogs to be registered without having a prescribed identification device being implanted as the requested action is not within Council’s powers. 2. 2. Council is prepared to reconsider the matter if written veterinarian advice is obtained in accord with the requirements of Section 10D(2) of the Act stating that the health of the dog is liable to be significantly prejudiced if it is implanted with a permanent identification device.	Correspondence prepared and sent
	Community Local Law (Amendment) No 13 of 2013	That: 1. Council proposes to make the Community (Amendment) Local Law No.13 of 2013. 2. Give notice of its intention to make the Community (Amendment) Local Law No.13 in the Government Gazette and in the Buloke Times, North Central News and Sea Lake Times Ensign in accordance with section 119(2) of the Local Government Act 1989. 3. Endorse the draft Discussion Paper that has been prepared to assist with both the preparation of the proposed Local Law and community consultation and that it be made available as part of the process for community consideration of the proposed Local Law. 4. Make copies of the proposed Local Law and the Discussion Paper available on Council’s website and at each of the Council’s District Offices. 5. Invite submissions on the Community (Amendment) Local Law No.13 in accordance with section 223 of the Local Government Act 1989. 6. Appoint a special Committee of at least three Councillors to hear and consider any submissions made in accordance with section 223 of the Local Government Act 1989.
	Petition - Donald Pool Season Opening and Closing Dates	That: 1. Council receive this Joint Letter and lays it on the Table for a Report at its next Ordinary Meeting scheduled for 8 May 2013. 2. 2. Receipt of the letters be acknowledged and the authors advised that the matters they have raised will be considered by Council at the May Ordinary Meeting 3. 3. Following consideration of the letters at the May Ordinary Meeting the authors are to be advised of what action Council intends to take.	Report to May Ordinary Meeting
Ordinary Meeting 13 March 2013	Central Murray Regional transport Forum	Write to the Central Murray Regional Transport Forum confirming its ongoing commitment and involvement and agreement to the $3,000 annual contribution.	Correspondence to be prepared
	Review of s86 Committees	Council determine to transition all Committees established to assist with the care, maintenance and management of Council owned facilities and land, including land and facilities where Council is the appointed Committee of Management under the Crown Land Reserves Act, to Advisory Committees as set out in the Local Government Act 1989; 2. Recognising that transition of all current committees to Advisory Committee status will require working with existing committees, that this transition take place over the next 12 months; 3. Council write to all of the Committees identified in the Attachment to this report advising them of the intent to transition to Advisory Committee status and the reasons why this is considered to be important; 4. As part of the correspondence referred to in 3 above advise Committees of the support to be provided by Council in making the transition as set out in this report; and 5. The Chief Executive Officer report to Council on a quarterly basis of the progress being made in implementing this decision.	1. Correspondence prepared 2. Correspondence sent out 3. Article for Community Matters prepared 4. Meetings scheduled
	Impact of Flood Mitigation on Insurance	Council write to the Insurance Council of Australia seeking clarification of their position on risk ratings, property cover and premium variations of insured properties within the protection of approved levee banks.	Correspondence prepared and sent
Ordinary Meeting 13 February 2013	Notice of Motion No 28 – Water for Fire Fighting Purposes	That Council: 1. Write to the Chief Officer of the CFA outlining the concern of the local Country Fire Authority (CFA) Brigades with the lack of access to tanks along the Wimmera Mallee Pipeline for fire fighting purposes 2. Write to the CFA Regional Office requesting advice as to priorities for the installation of tanks along the Wimmera Mallee Pipeline in Buloke to allow applications to be made to the CFA under the Fire Access Roads Scheme (FARS) 3. List this matter for discussion at the next meeting of the Municipal Fire Management Planning Committee 4. List the construction of tanks along the pipeline utilizing funds available through FARS as a matter for consideration by Council as part of 2013/14 Budget preparation.	1. Correspondence being prepared. 2. Contact made with CFA Regional Office and advice sought from Group Captains as to tank priorities. 3. Installation of tanks using FARS funding to be listed for consideration as part of 2013/14 Capital program.
Ordinary Meeting 12 December 2012	Notice of Motion: Police Presence in Buloke	1. Council write to Inspector Jamie Templeton seeking an urgent meeting in the New Year to further discuss ongoing concerns with Police presence and incident response times in Buloke. 2. The letter make specific reference to the violent incident that occurred in Watchem on 25 November 2012 and continuing problems with antisocial behaviours in Birchip and Charlton. 3. That a copy of the correspondence be sent to the Member for Swan Hill, Mr Peter Walsh MLA.
	Transfer of Service Approvals at the Wycheproof, Charlton and Sea Lake Kindergartens	1. Authorise the Manager Community Services to commence the formal process required to facilitate the transfer of the Service Approval for both the Wycheproof and Charlton Kindergartens to the YMCA of Ballarat as the Approved Service Provider. 2. Authorise the Manager Community Services to commence the formal process required to facilitate the transfer of the Service Approval for the Sea Lake Kindergarten to Mallee Track Health and Community Service as the Approved Service Provider. 3. Continues to work with the individual Committees of Management and staff of the Wycheproof, Charlton, and Sea Lake Kindergartens to ensure a smooth transition of these Approved Services to the new Approved Service Providers. 4. Authorise the Manager Community Services to develop appropriate Facility Service Agreements with the YMCA of Ballarat and Mallee Track Health and Community Service to govern operational and maintenance responsibilities at all kindergartens located in the Buloke Shire.	1. Draft Facility Service Agreements with Ballarat YMCA and Mallee Track Health and Community Service to address the following matters: · Governance · Operations · Maintenance · Staff transfer arrangements · Occupancy arrangements for the respective Kindergartens that are subject to the transfer arrangement. 2. Industrial relations implications considered 3. Meeting to be held with YMCA in February 2013 4. Kindergarten Committees and parents kept informed as to the actions being undertaken
	Gilmour Road Land Transfer Agreement	That the Council: · 1. Proceed with the exchange of land at the intersection of Gilmour Road and Swanwater North Road in lieu of the section of the road reserve provided by Gilmour’s to the Council on Plan of Subdivision 444992B. · 2. Transfer Crown Allotment 2002 PP2532 Parish of Donald [Volume 11025 Folio 502] to Mr CT & Mrs DJ Gilmour. · 3. Gilmour’s have agreed to purchase the property for $7,000 excluding GST as determined by Council’s appointed valuers A and L Harvey Valuation Services. · 4. Place Public notices in local newspapers including full details of the proposed purchaser, price to be paid for the land and intended use.	1. Legal instrument to be prepared 2. Advertising in accord with Local Government Act to be undertaken 3. Purchasers to be advised of transfer program

d) Audit Advisory Committee – Progress of Actions

MEETING DATE	ACTIONS	ACTION TAKEN
February 2013	Actions arising. Action Officer and Completion Dates to be added	Amendments made
	Internal Audit Plan implemented	Internal Audit Plan adopted and AFS engaged.
	Fraud Risk Register. Unfavourable comments to be put in brackets for comparison	Changes in progress
	Audit Committee Self Assessment to be an Agenda Item for next Committee meeting. Self Assessment to be emailed to Committee members.	Internal Auditor to Action
November 2012	Committee to be updated on Project based accounting system being developed by Geoffrey Ballard for tracking major flood related road projects.	System still being developed. Committee will be forwarded information when it is available.
May 2012	The Committee requested an action plan be prepared based on the VAGO fraud audit report.	Action plan developed and progress will be reviewed at each meeting.
May 2012	A simpler form of Capex report for major projects and one which provides an overall position compared to budget.	Report to be reviewed as part of Best Practice Financial Reporting. To be compressed and simplified.

6. Financial

a) Management Reporting

Further revisions to the Monthly Reporting format were introduced at the February Ordinary Meeting.

Further improvements made to report on February financials.

b) Internal Audit Program

· Internal Audit adopted and being implemented.

c) NDRRA Flood Repair/Restoration

Pre-payment of $11.3M received.

Acquittal of expenditure and grant funds received is continuing.

· A claim for the period January 2011 to end January 2012 has been lodged. .

· A claim, for the period February 2012 to end May 2012 has been lodged.

· A claim for the period June 2012 to December 2012 is being prepared.

· Request for further pre-payment advance of $4.5M has been lodged with DTF.

State Government is seeking to extend the period for lodgement of claims to 30 June 2014. Letter of support sent.

7. Staff

New Appointments

Resignations/Departures

8. Major Projects (Projects with a value of over $100,000, projects carried over from previous year or projects of special interest)

i) Donald Storm Water Re-use System – Negotiation of end-user agreement is still proceeding. Operational manual is still being drafted.

ii) Charlton Recreation Reserve – Connection to AWB Dam – Meeting with AWB held 27^th March to progress MoU. Review of plans commenced prior to calling tenders

iv) Traveller’s Rest, Charlton – Manager’s Residence and Information Centre – Discussion with the Traveller’s Rest Committee regarding the scope and financing of the project is continuing. Advice received from PowerCor as to cost of power upgrade. Meeting held with Traveller’s Rest Committee, Anthony Judd to report.

v) Donald Family Services Centre

· Application for funding under the Regional Growth Fund submitted.

· Availability of funding under the ‘Putting People First’ Program has been confirmed.

· Capital Funding Agreement for $1.035M from DEECD signed.

· Project timetable being prepared.

· Project Reference Group and Donald 2000 have offered to raise $80,000 toward the project.

· Donald Family Services Centre Project Liaison Committee formed at meeting held on 4 April 2013.

vi) Charlton Park Community Building

· Funding for State Government assistance with preparation of construction drawings has been confirmed

· Launch of community fund raising effort has been held. In excess of $700k has already been pledged.

· Tender documents for construction drawings still being completed.

vii) * Berriwillock Community Centre

· CFA is projecting manage the construction

· Contractor on site.

· Project review meetings with the CFA are being held on a three weekly cycle.

· Meeting held with Project Liaison Committee and agreement reached on community contribution to the project ($28,935)

· Construction timeframe is on track. Practical completion date set for CFA fire shed – 25th June 2013 and Multi Purpose area – 22nd July

viii) Charlton Skate Park – Funding support from Bendigo Bank confirmed. Funding from the DPCD ‘Minor Facilities Program’ has been announced. No Council funding required. Staff planning meeting held 5 April 2013.

ix) Birchip Bowling Club – Artificial Green – Funding support from Birchip Bowls Club. Funding from the DPCD Minor Facilities Program has been announced. No Council funding required. Requests for prices have been sent to prospective contractors.

x) Contract C6-2011/12 and Contract C12-2011/12 - Flood Damage Repair and Reconstruction

i. Principal Contract (C06)

a) Work Program approved

b) Works proceeding

c) Project Steering Committee meeting held 15 April 2013

xi) Green Lake

Green Lake Committee have advised the results of their further investigation of ground conditions. Results confirm the need for sealing of sections of the Lake. The Committee are liaising with DSE in regard to possible funding sources.

xii) Charlton Swimming Pool – Quotes for design are being obtained.

xiii) Sea Lake Pool – Pool Liner and Pipe-works tender let. Contractor has commenced work.

xiv) Charlton Angling Club – Installation of Boat Ramp – Permits have lapsed and new approvals are being sought. The Club has applied for funding for the Cultural Heritage Study (estimated cost $14,000). The Club has been advised that no exemption will be given in regard to the need to meet Cultural Heritage requirements. The project being reconsidered. .

xv) Donald Airport – Power Upgrade – Works agreement with PowerCor signed. PowerCor are to confirm a date for works to commence. Anticipated date for completion August 2013.

xvi) Donald Scout Hall/Angling Club

· Works on site have re-commenced

· Report to Council at May Ordinary Meeting.

xvii) Charlton Harness Racing Club – Flood Repairs – Contract let, Works have commenced.

xviii) Charlton Swan Hill Road – Gravel Re-sheet – Works commenced.

Flood Update

i) General Update on Recovery Activities

· Charlton Flood Plan

o Funding submission to NDRGS is to be submitted

o NCCMA to develop a communications strategy for the project going forward.

o VicRoads have been provided with a copy of the Flood Plan Report

· Donald Flood Plan

o Funding submission to NDRGS is to be submitted.

o Vic Roads have been provided with a copy of the Flood Plan Report

· Community Events

o ‘Stories from the Flood’ publication proceeding.

· Rural Support

o Fire Shed schedule for 2013 has been distributed.

o ‘Farm Gate’ visits continuing.

· Wycheproof Community Flood Mapping Meeting – Meeting held on 24 April 2012. Feedback not yet received.

· Culgoa Flood Study – Mallee CMA has held an initial meeting with the Culgoa community.

· Flood Preparedness Plans

o Plans to be developed for Charlton, Donald and Culgoa.

o Draft plans prepared by VicSES for discussion with Charlton CRC and Donald CRC.

ii) Flood Expenditures – Updated summary report to be tabled.

iii) Community Recovery Committee Activities

· Charlton

o Committee meeting on a monthly cycle – Meeting held 9 April 2013.

· Culgoa

o Committee to meet as part of Culgoa Development Group meeting.

o Representatives of Mallee CMA have met with the Culgoa community to commence the process.

· Donald

o Committee meeting on an as needs basis. Date of next meeting yet to be advised.

· Wycheproof

o Meeting with NCCMA to undertake flood mapping held on 24 April 2012. No feedback yet received.

· Rural

o Fire Shed meetings proceeding

9. Council Policy and Strategy

i) Residential Land study, Rural Living Review and Industrial Land Use Review – Correspondence sent seeking Ministerial approval to prepare an Amendment relating to Industrial Land following Council resolution at the April Ordinary Meeting.

ii) MSS and Scheme Review - Further briefing at May Assembly Meeting.

iii) Domestic Waste Water Management Plan – Discussion held with consultant to complete the work required.

iii) Public Health Sub-Plan of the Municipal Emergency Management Plan (MEMP) – Consultant engaged to prepare the Plan in accord with Department of Health (DoH) requirements.

iv) Local Laws Review

a. Saleyards Local Law – Draft Local Law for adoption at May Ordinary Meeting.

b. Community Local Law – Amendment to Local Law to control shipping containers in residential area is currently on public exhibition for comment. Report to June ordinary Meeting.

v) Pre-school Cluster Arrangements

o Discussion regarding transfer of Sea Lake operating licence to Mallee Track is continuing.

o Transfer of operating licence for Charlton and Wycheproof near completion. DEECD agreement to the transfer has been obtained. Staff have been transferred effective from commencement of Term 1 3013. User agreement yet to be finally agreed.

vi) Municipal Flood Plan (MFP) – Work plan to review current Plan is still being developed. Flood Safe plans for Donald, Charlton, Wycheproof and Culgoa are to be developed. VicSES have provided a template for the development of a Municipal Flood Plan.

vii) Domestic Animal Management Plan (DAMP) – Review of current plan to reflect changes to legislation has commenced.

viii) Weed and Pest Management Plan

Draft Plan for adoption at the May Ordinary Meeting.

ix) Management Reviews

a. Road Maintenance Standards

Meetings of relevant staff are continuing.

b. Road Construction/Rehabilitation Decision Making Processes

Review has commenced using information and designs prepared as part of C06 as the base..

c. Economic Development – Review of Policies, Strategy and Approach

Review has commenced. Report to 29 May Assembly Meeting

d. S186 Committees of Management – Review of Governance, Risk Management and Financial Arrangements

· Report tabled at March Ordinary meeting.

· Follow-up action proceeding

e. Financial Sustainability and Affordability

· Review of recommendations from the Ernst and Young report has commenced.

· Draft action plan prepared for consideration by Council on 11 February 2013.

f. Municipal Emergency Management Plan

o Work plan to review current Plan is being finalised in conjunction with VicSES.

g. Maintenance of Sporting Grounds and Reserves (Anthony Judd lead Manager)

h. HACC Program - Delivered Meals

Internal review has commenced and draft report provided to the CEO for comment.

i. Forward Capital Works Planning

Draft material prepared and currently being reviewed by Assets and Infrastructure staff.

j. Volunteer Support

· Loddon Mallee Community Leadership Program and Bendigo Volunteers have been jointly contracted to develop and deliver a volunteer support program across the Shire.

· Community workshops held. Feedback is currently being prepared.

· Next stages of the project agreed and committee support materials being prepared.

k. Road Management Plan

Project team established and several meetings held. Review of the current Plan has commenced. Arrangements put in place for a risk analysis when a draft Plan is available.

l. Heavy Plant Maintenance

· Quarterly meetings of Plant Group scheduled.

m. Heavy Plant Replacement Program

· Review of the future of Long Haul Cartage Trucks is continuing.

· Tender for replacement of Jet Patchers (2) with 1 Jet Master to be considered at May Ordinary Meeting

· Quarterly meeting of Plant Group scheduled.

n. Municipal Public Health and Wellbeing Plan

· Consultant engaged

· Initial working party meeting held on 26 March 2013.

10. State Government Matters

· VicRoads

Meeting held 12 April 2013. The following matters were discussed:

· Calder Highway, Dumosa - Truck Stop

· Design work for a toilet block has been completed and is likely to proceed in 2013/14 as a result of the Federal funding announcement.

· Installation of rubbish bins to be considered in conjunction with the toilet development.

· CFA Regional Officers have met with the Dumosa Brigade and advised the Dumosa Fire Shed will need to relocated if the toilets proceed.

· Nullawil Toilets and Wayside Stop

· Remains a low priority by VicRoads

· Highest priority is for Rest Areas on the Calder Highway corridor.

· Intersection of Birchip/Nullawil Road and Calder Highway – Drainage Problems

· Full survey of site has been completed and asphalt works are to be undertaken as soon as practicable in conjunction with other works in the Shire

o Calder Highway, Sea Lake – Installation of Pedestrian Crossing

· Works to occur before December 2012 pending VicRoads sourcing an available contractor.

o Re-alignment Intersection Nullawil-South Road and Birchip-Nullawil Road to ‘T’ Intersection

· No funds available due to closure of the ‘Grey Spot Funding’ program.

o Calder Highway, Charlton – Truck Parking ‘Lizard’ Cafe

· VicRoads will continue to monitor truck parking arrangements. No simple solution.

o Borung Highway, Donald – Entrance to Donald Recreation Reserve

· Council and VicRoads to work together on realignment of the entrance in accord with the Donald Reserve Master Plan.

o Intersection Birchip-Wycheproof Road and Birchip-Dumosa Road

· No funds available due to closure of the ‘Grey Spot Funding’ program.

o Cumming Avenue, Birchip – Sand bag traffic island

· Sand bags to be removed and replaced by line marking

o Possible Grey Spot Funding Priorities (Works identified by Council)

· Intersection of Sunraysia Highway and Racecourse Road Donald (comes into HWY on dangerous angle)(Requires Traffic Islands)

· Intersection of Calder Highway and Patchewollock Sea Lake Road (comes into HWY on dangerous angle)

· Intersection of Birchip Sea Lake Road and Marlbed Curyo Road

(comes into Birchip Sea Lake Road on dangerous angle)

· Intersection of Sunraysia Highway and Birchip Rainbow Road (comes into Highway on dangerous angle) – VicRoads report one reported vehicle accident (2006).

· Intersection of Sunraysia Highway and Kinnabulla West Road (Tree Trimming)

· Intersection of Sunraysia Highway and Marlbed Road (Tree Trimming)

· Intersection of Calder Highway and Warne Road (comes into Highway on dangerous angle)

· Intersection of Calder Highway and Birchip Nullawil Road /Nullawil Quambatook Road (comes into Highway on dangerous angle)

· Intersection of Calder Highway and Berriwillock North Road (comes into Highway on dangerous angle)

· Intersection of Donald Swan Hill Road and Nullawil Quambatook Road (comes into Highway on dangerous angle)

· Intersection of Donald Swan Hill Road and Banyenong Jeffcott Road (comes into Donald Swan Hill Road on dangerous angle)

· Intersection of Donald Swan Hill Road and Corack Wycheproof Road (comes into Donald Swan Hill Road on dangerous angle)

· Intersection of Birchip Wycheproof Road and Dumosa Birchip Road (comes into Birchip Wycheproof Road on dangerous angle) VicRoads report one reported accident (2004).

· Intersection of Birchip Wycheproof Road and Nullawil Birchip Road (comes into Birchip Wycheproof Road on dangerous angle) VicRoads report one reported accident (2012).

· Intersection of Sunraysia Highway and Devon Park Road (comes into Highway on dangerous angle)

· Intersection of Sunraysia Highway and Swan Water North Road (comes into Highway on dangerous angle)

· Intersection of Boort Charlton Road and Borung Charlton Road (comes into Boort Charlton Road on dangerous angle)

· Intersection of Boort Charlton Road and Jeruk River Road (comes into Boort Charlton Road on dangerous angle)

o * Culgoa-Watchupga Road Bridge

· VicRoads is to carry out independent inspection to confirm that the damage was a result of flood damage

· Onsite inspection of the intersection of the temporary bypass has been undertaken to address sight line and safety matters, including speed restrictions

o Town Entrance Signs

· Clarification sought on use of graphics on Town Entrance signs. VicRoads to provide advice.

o Charlton and Donald Flood Plans

· VicRoads confirmed they had received copies of the Plans and were currently reviewing the recommendations.

11. Federal Government Matters

a) Review of Status of Aerodromes – Discussion paper distributed. No follow-up action yet taken. Advice received from CASA of a change in requirements for small airports. Information still being reviewed.

12. Community Matters

a) Recreational Lakes

Wooroonook Lake

o Emergency management plan and operational plans for caravan and camping facilities are still being prepared.

o Committee has provided specifications for the floating pontoon. No building permit is required. Council will need to formally resolve to allow the installation as part of its responsibility as the Committee of Management for the Lake.

o * Staff have undertaken a further risk review in relation to signage at the Lake in conjunction with Transport Safety Victoria. A number of recommendations have been made that are currently being assessed.

o Foreshore Committee have approached GWM water for additional water allocation

o Blue-green algae outbreak confirmed by laboratory analysis pre-Easter. Warning signs erected prior to Easter. Further test results since Easter have indicated reduced levels and signs have now been removed. The Foreshore Committee have been advised.

o Report to be tabled at May Council Meeting on Council’s role as Committee of Management. The report will also deal with the pontoon.

Green Lake

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

o Correspondence sent to Minister for Ports advising that Council wishes to resign as waterway manager and transfer this responsibility to DSE. Response received advising that current arrangements should remain in place until DoT can determine the administrative procedures. Transport Safety Victoria have advised they are currently investigating the need for Council to continue to be the nominated waterway manager

o Correspondence sent to Parks Victoria and DSE regarding the need for hydrological investigation. Parks Victoria has advised DSE is the relevant authority. DSE still to respond to draft proposal. Advice received that the Green Lake Committee have initiated their own investigation. Site inspection reveals test pits have been dug. No record of any approvals has been found. DSE have been advised.

Tchum Lake

o Lake Committee is continuing to seek funding for preparation of a Master Plan to facilitate the development of on-site accommodation.

o Committee has instigated discussion with staff regarding the location and construction of on-site accommodation (cabins)

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

o Review of Building Approvals for the ‘shelter’ has identified compliance problems. Action is being taken to address the identified problems. Inspection has identified that the Committee have made changes to the building which may require a Building permit. Discussion to be held with the Committee.

Watchem Lake

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

o Lake Committee seeking funding for removal of trees along the walking path from the town to the Lake and for upgrade of the walking track.

o Lake Committee seeking funding assistance to upgrade access road around the lake. Council resolved in December for staff to assist with seeking alternative quotations.

Folletti Caravan Park Lake

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

o Proposal for construction of new Scout Hall/Angling Club is proceeding. Scouts/Angling Club has sought quotes for construction of the building. Council will need to meet as the Committee of Management for the reserve to consider the project.

o Draft landscape plan received.

o Angling Club have approached GWM water for additional water allocation. GWM water have responded to Council correspondence advising that the additional water is within the original allocation.

13. Vandalism

· Wycheproof (April) – Damage to rotunda at Mt Wycheproof. Wall panels kicked off and bottles smashed. Incident reported to Victoria Police. An investigation report is to be prepared.

· Wycheproof (April) – Damage to Wycheproof Preschool fence. Six panels of the fence kicked in. Incident reported to Victoria Police. An investigation report is to be prepared.

14. Other

a. Culgoa-Watchupga Road Bridge

The Manager Reconstruction updated the meeting on recent inspections and discussion with VicRoads.

b. ‘Church Building’ McCulloch Street, Donald – Future Use and Disposition

The Chief Executive Officer advised that contact had been made with the previous tenants and the equipment and materials left in the building have been removed. A valuation of the building has been obtained: Market value is assessed at $70,000, Market Rent is assessed at $2,600 p.a. It is proposed to advertise the building for sale or lease in accord with the provisions of the Local Government Act.

c. Illegal Roadside Ripping – Report

The Manager Assets and Infrastructure reported that action (issue of Infringement Notices) is being taken under the Planning Scheme and the Community Local Law and that DEPI is likely to also take enforcement action.

d. C06 – June Work Schedule

The Manager Reconstruction tabled the June Work Schedule.

e. John Forrest MP – Invitation to Contribute $1,000 to a Radio Advertising Campaign for Sea Lake

The Chief Executive Officer reported on an approach from Mr Forrest. The Sea Lake traders are to be consulted before a response is made.

f. Charlton and Donald Flood Studies – Application to National Disaster Resilience Grants Scheme – Directions Discussion

The Manager Assets and Infrastructure advised the NCCMA have prepared draft applications to NDRGS for works in Charlton and Donald. A report is to be presented to the May Ordinary Meeting seeking to confirm Council’s contribution to the projects.

g. MAV – Voluntary Levy – Constitutional Recognition “Yes” Campaign

The Chief Executive Officer reported on a request from the MAV for Council to give consideration to a voluntary contribution of $5,656 to support the ‘Yes” Campaign for the proposed national referendum on Constitutional Recognition of Local Government. The amount has been calculated based on a methodology using population and revenue.

Meeting closed 8.32pm.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 12 June 2013

6.2 Report of Assembly of Councillors Meetings

Attachment 3 Record of Meeting - 29 May 2013

BULOKE

SHIRE COUNCIL

RECORD OF ASSEMBLY OF COUNCIL MEETING

Meeting held at 4.40pm Wednesday 29 May 2013 at the Watchem Public Hall

Present:

Councillors:

Cr Tellefson, Cr Sharp, Cr Pollard, Cr Mather, Cr Milne and Cr White (from 5.35pm following discussion of Item 14(f)).

Staff:

Warwick Heine (Chief Executive Officer), Gaynor Doreian (Acting Manager Works and Construction), Warren Hemopo (Manager Reconstruction), Anthony Judd (Manager Assets and Infrastructure), Judi Bird (Senior Procurement Officer), Bill Keane (Manager Community Services), Jess Lysaght (Senior Planner) (from 5.30pm to 7.32pm), Paula Yorston (Aged Services Coordinator) (from 5.30pm to 5.52pm), Anne Livingstone (Assessment officer) (from 5.30pm to 5.52pm) and Simone Mason (Administrative Officer) (from 5.30pm to 5.52pm).

Members of the Community:

Mr John Colbert (from 5.50pm to 7.18pm)

Apologies:

Cr McLean (leave of absences) and Bill Ryan (Manager Finance)

Disclosure of Interests:

R White declared a direct interest in item 14(f) on the basis that she is the owner of the land under discussion

Cr Mather took the Chair

MATTERS DISCUSSED

Cr White was not present at the opening of the meeting at 4.40pm on the basis of her declaration of interest in Item 14(f) which the Chief executive Officer had advised he would request the Chair to bring forward to the beginning of the Meeting.

The Chair agreed to a request from the Chief Executive Officer to deal with Item 14(f) as the first matter for discussion.

1. Item 14(f) – Council Licensed Gravel Pit – Towaninny South

A Briefing Paper was tabled and discussed. The matter is to be listed for further discussion at the ordinary meeting scheduled for 12 June 2013.

The meeting was adjourned at 5.03pm.

The meeting recommenced at 5.30pm

Cr White entered the meeting at 5.35pm prior to discussion of Item 2.

2. Presentations

1.1 Aged and Disability Services

The Aged Services Coordinator and support staff made a presentation to the meeting on current developments in the Aged Services area,

1.2 Mr John Colbert

Mr John Colbert addressed the meeting and asked a number of questions regarding the application of differential rating, rating equity, the financial sustainability of the Shire, road maintenance, flood damage repairs and the need for greater support to farmers.

1.3 Economic Development Strategy

The Senior Planner spoke to a draft of the revised Economic Development Strategy. Councillors were asked to provide feedback for incorporation into a revised draft for further discussion.

3. Councillor Reports

Cr Tellefson reported on a meeting of the Municipal Fire Prevention Committee. Cr Tellefson reported that the meeting went well expressed concern that staff had not followed through on actions from the previous meeting, specifically the submission of applications under FARS, that some interested parties had not been advised that the meeting was to be held and that meeting papers were incomplete.

4. CEO and Senior Management Team Reports

The Chief Executive Officer reported on the following legal matters:

- Community housing

- Local Law enforcement

- Building control matters

- Planning enforcement

- FoI requests

5. Risk

The Chief Executive Officer reported on the following risk related matters:

iii) Public Risk Incidents

1) Sea Lake (2012) – trip

2) Sea Lake (2012) – trip

3) Donald (2012) – fallen branch

4) Buckrabanyule (2012) – cattle on road.

5) Birchip (2012) – trip

6) Culgoa (2012) – fallen branch

7) Donald (2012) – fall

8) Donald (February) – trip

9) Charlton (March) – dog attack

10) Sea Lake (March) – trip

11) Sea Lake (April) – unregistered dogs

12) Donald (April) – trip

13) Donald (April) – dog rush

14) Litchfield (May) – alpaca on road

15) Yuengroon (May) – sheep on road

16) Charlton (May) – rubbish on nature strip

17) Donald (May) – Rubbish on nature strip

iv) Risk Register

ii) A review of risk likelihood, consequence and residual risk following mitigation was undertaken following the Audit Advisory Committee meeting held on 22 February 2013. The changes were agreed by the Committee at the 17 May meeting. Updated register available for review on Dashboard.

iii) Staff Incident Reports

1) Wycheproof (May) – Fall. - No lost time

2) Birchip (May) – Back injury – No lost time.

3) Charlton (May) – Fall – Lost time injury.

4) Barakee (May) – Fall – Lost time injury.

5) Charlton (May) – Elbow – No lost time.

iv) WorkSafe

1) No matters.

v) Insurance

1) Wycheproof Recreation Reserve (May) – Fire in change rooms – Fire started in rubbish bin. No structural damage but some smoke damage. Full assessment of damage is being undertaken prior to decision being made as to whether a claim is lodged.

6. Governance

i) Council Plan 2013-2017 – Draft Plan at pre-publication stage.

ii) Code of Conduct for Staff – Draft Staff Code prepared and currently being reviewed.

iii) Ordinary Meetings of Council – Progress of Actions from Minutes

Meeting Reference

Item

Action

Progress

Ordinary Meeting 10 May 2013

Planning Permit Application 495/13 Two Lot Subdivision and Rural Dependent Enterprise - 519 Marlbed- Curyo Road, Marlbed

Determine to approve the planning permit application for a subdivision – dwelling excision and Rural Dependent Enterprise at Crown Allotment 28 and 29 (Parts) Parish of Marlbed known as 519 Marlbed – Curyo Road, Marlbed subject to the following conditions:

1). This permit will expire if:

a. The subdivision and use has not commenced within two years of the date of this permit; or

b. The subdivision and use has not been completed within four years of the date of this permit.

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

2) The area shown on the endorsed aerial plans showing the medium class vegetation must be retained unless a planning permit is granted for its removal.

3) The area shown on the endorsed plans and associated documentation for the purposed on the Rural Dependent Enterprise must generally be in keeping with the specified locations.

4) If a crossover is required from Curyo – Marlbed Road to the newly created Lot 2, this will be in accordance with Buloke Shire standards but at full cost to the owner.

5) Before the plan of subdivision is certified under the Subdivision Act 1988, the owner of each Lot created must enter into an agreement with the responsible authority made pursuant to section 173 of the Planning and Environment Act 1987, and make application to the Registrar of Titles to have the agreement registered on the title to the land under section 181 of the Act. The agreement must state that

The land at Lot 1 and 2 may not be further subdivided so as to increase the number of Lots and no further dwellings should be erected on the land (as the excision of the dwelling unintentionally creates an additional entitlement for a dwelling without a planning permit on Lot 2.)

The applicant/owner of Lot 1 acknowledges the dwelling is located within an agricultural area and from time to time rural activities on nearby land may adversely affect the residential amenity of this dwelling and its surrounds.

The owner must pay the reasonable costs of the preparation, execution and registration of the section 173 agreement.

Referral Authority Conditions:

Powercor

6) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

7) The applicant shall:-

- Where buildings or other instillations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Instillation Rules issued by the Victoria Electrical Supply Industry. You shall arrange compliance through a Registered Electrical Contractor

- Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations.

- Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

- Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoin land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of “Powercor Australia Ltd” for “Powerline Purposes” pursuant to Section 88 of the Electricity Industry Act 2000

- Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

Grampians Wimmera Mallee Water

8) The plan of subdivision submitted for certification must be referred to GWMWater in accordance with Section 8 of the Subdivision Act.

Telstra

9) The owner of the land must enter into an agreement with:

a) A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

b) A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network (NBN) will not be provided by optical fibre.

Permit issued

Saleyards Precinct Local Law No.14 of 2013

Council proposes to make the Saleyards Precinct Local Law No.14 of 2013.

2. Council give notice of its intention to make the Saleyards Precinct Local Law No.14 in the Government Gazette and in the Buloke Times, North Central News and Sea Lake Times Ensign in accordance with section 119(2) of the Local Government Act 1989.
3. Council endorse the draft Discussion Paper that has been prepared to assist with both the preparation of the proposed Local Law and community consultation and that it be made available as part of the process for community consideration of the proposed Local Law.

4. Council make copies of the proposed Local Law and the Discussion Paper available on Council’s website and at each of the Council’s District Offices.
5. Council invite submissions on the Saleyards Precinct Local Law No.14 in accordance with section 223 of the Local Government Act 1989.

6. Council appoint a Special Committee of at least three Councillors to hear and consider any submissions made in accordance with section 223 of the Local Government Act 1989.

1. Public advertisement placed in local newspapers.

2. proposed Local Law published in Government Gazette

3. Proposed Local Law on public exhibition and on Council website.

Local Laws Report, Breach of Permit Conditions

Council advise Ms Minster that it is not prepared to agree to her request for an extension of time to comply with the conditions of Local Law permit No. LL7/XA/05/11 on the basis that she has had ample time to comply.

2. Council revoke Local Law Permit No. LL7/XA/05/11 which allows 5 cats and 6 dogs to be kept on the property located at 7 Lundy Street, Charlton

3. That Council issue a Notice to Comply to the permit holder to reduce the number of dogs and cats on the property to the number permitted under the Community Local Law No.10 within 30 days of being notified of Council’s decision.

4. That pursuant to clause 14 of Local Law No 10, only 2 cats and 2 dogs may be kept at the property located at 7 Lundy Street, Charlton.

Letter prepared and sent advising the occupier that the Permit has been revoked.

Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

A. Council, in the exercise of the powers conferred by Section 98(1) of the Local Government Act 1989 (Vic) (“the Act”) and any other Act, regulation or local law referred to in the attached Instrument of Delegation from Council to the Chief Executive Officer, Buloke Shire Council resolves that:

1. There be delegated to the person holding the position, acting in or performing the duties of Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, subject to the conditions and limitations set out in that Instrument of Delegation.

2. The Instrument comes into force immediately upon the Common Seal of Council being affixed to the Instrument.

3. On the coming into force of the Instrument, all previous Delegations to the Chief Executive Officer are revoked.

4. The duties and functions set out in the instrument must be performed and the powers set out in the Instrument must be executed in accordance with any Council policies or guidelines as adopted from time to time.

5. It is noted that the instrument includes a power of delegation to members of Council staff, in accordance with Section 98(3) of the Act.

B. Council, in the exercise of the powers conferred by Section 98(1) of the Act and any other Act, regulation or local law referred to in the attached Instrument of Delegation from Council to Designated Members of Council Staff, Buloke Shire Council resolves that:

6. There be delegated to the members of Council staff holding, acting or in performing the duties of the offices or positions referred to in the attached Instrument of Delegation to Members of Council staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument.

7. The Instrument comes into force immediately upon the Common Seal of Council being affixed to the Instrument.

8. On the coming into force of the Instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) are revoked.

9. The duties and functions set out in the Instrument must be performed and the powers set out in the instruments must be executed, in accordance with any Council policies or guidelines as adopted from time to time.

C. Council, in the exercise of the powers conferred by Section 98(1) of the Act and any other Act, regulation or local law referred to in the attached and Instrument of Sub-Delegation from the Chief Executive Officer to Designated Council Staff, Buloke Shire Council resolves that:

10. There be delegated to the members of Council staff holding, acting or in performing the duties of the offices or positions referred to in the attached and Instrument of Sub-Delegation from the Chief Executive Officer to Designated Council Staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument.

11. The Instrument comes into force immediately upon the Common Seal of Council being affixed to the Instrument.

12. On the coming into force of the Instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) are revoked.

13. The duties and functions set out in the Instrument must be performed and the powers set out in the instruments must be executed, in accordance with any Council policies or guidelines as adopted from time to time.

D. Council resolve to:

14. Circulate a copy of the “Guidelines – Delegations to Members of Council Staff” previously adopted to the Chief Executive Officer and all designated staff to whom either Council or the Chief Executive Officer has delegated or sub-delegated powers to, for their information and reference.

E. Council pursuant to Section 224 of the Act appoint the designated members of Council staff to be authorised officers for the administration and enforcement of the legislation set out in the Section 11 and Section 11A Instruments of Appointment and Authorisation.

F. Guidelines – Delegation to Members of Council Staff

15. That the information be noted.

1. Instruments signed

2. Letters to staff prepared

3. Copy of delegations sent to respective staff members

4. Guidelines circulated to relevant staff

Valuation of Land Act - Notice of Intent to Undertake a Valuation of all Rateable Land

The Buloke Shire Council resolves that a general valuation is to be made on all rateable land in the Shire of Buloke. The valuation is to be returned no later than 30/04/2014 and the Valuers appointed are LG Valuation Services Pty Ltd.

2. Note the requirements of the Act and provide notice of the resolution to the following parties

 Valuer-General Victoria

 State Revenue Office

 Gannawarra Shire Council

 Loddon Shire Council

 Mildura Rural City Council

 Swan Hill Rural City Council

 Northern Grampians Shire Council

 Yarriambiack Shire Council

Relevant letters prepared and sent

Wooroonook Lake Committee of Management Responsibilities

1. Council note the contents of the report and their obligations as the DSE appointed Land Manager and Transport Safety Victoria appointed Waterway Manager.

2. Council continue to work with Transport Safety Victoria and the Wooroonook Lake Foreshore Committee in improving the amenity at Wooroonook Lake with specific attention on compliance and risk management requirements.

3. Council prepare Waterway Rules in accord with the provisions of the Marine Safety Act 2010 for application at Wooroonook Lake.

4. Approve the installation of a floating pontoon on the north side of the Lake on the basis that risk signage is erected and risk mitigation works completed as approved by Council’s Risk Officer and Transport Safety Victoria to mitigate the risk of injury when using the pontoon.

1. Waterways Rules being drafted

2. Report from Transport Safety Victoria yet to be received.

Calder Highway Improvement Committee

1. The Council note the report.

2. Provide a letter of support to the Calder Highway Improvement Committee for their submission to Infrastructure Australia.

Letter prepared and sent

Donald Hockey Club Changeroom Development

1. Council note the contents of the report

2. The Donald Recreation Reserve Master Plan be amended to reflect the decision by the Donald Recreation Reserve Committee to support the provision of an additional stand alone facility for the Donald Hockey Club on the Reserve

3. Council staff continues to liaise with the Donald Hockey Club and Donald Recreation Reserve Committee on the proposed development.

4. The Donald Hockey Club and Donald Recreation Reserve be advised that Council is not at this point in time prepared to support an application for funding for this project to the State Government’s Putting Local’s First funding program on the basis that has not been identified as a priority compared to other projects already listed on Council’s Forward Capital Works Program.

5. Write to Donald Recreation Reserve Committee requesting the Committee review priorities in the Donald Recreation Reserve Master Plan and advise of any changes.

1. Letter to Donald Hockey Club prepared and sent.

2. Letter to Donald Recreation Reserve prepared and sent

Charlton and Donald Flood Study - Funding Submission

1. The Council apply for funding under the Natural Disaster Resilience Grant Scheme for the following projects:

- Construction of stage one of the Donald Levee Bank development – Levees 2 and 3 only (total cost $925,000).

- Development of the detailed design of the proposed Charlton Ring Levee (total cost $250,000).

- Construction of a floodway on the Charlton-St Arnaud Road (total cost $500,000)

2. The Council consider a 10% contribution toward the Donald Levee Bank Development ($92,500) and development of the detailed design work for the proposed Charlton Ring Levee ($25,000) as part of the 2013/14 Council budget preparations.

3. The Council does not financially contribute toward the construction of the proposed floodway on the Charlton-St Arnaud Road as it is a VicRoads owned and controlled asset.

Submissions prepared and submitted

Exercise of Lease Option - Automatic Weather Station, Charlton Landfill

1. Council write to DTZ Real Estate Services (Vic) Pty Ltd, who represents the Commonwealth Bureau of Meteorology, confirming that Council have received notice of and agrees to the Bureau of Meteorology formally exercising the option to renew for a further 10 year period, from 16 July 2013 to 15 July 2023.

2. Council gives Public Notice of its intention to continue the lease with the Commonwealth of Australia, represented by the Bureau of Meteorology, pursuant to the exercise of the option to renew.

3. That the Public Notice disclose the following:

(a) References to Section 190 (restriction on power to lease land) and Section 223 (right to make a submission);

(b) The location of the property, including Certificate of Title details;

(d) The rent to be paid pursuant to the current Lease terms;

(e) The independent annual market rental valuation received for the land;

(f) The reason the current Lease is below the independent market rental valuation is because:

i. This was arrangement agreed to in the original lease negotiations and was the amount set in that agreement;

ii. The Automatic Weather Station installed on the site is necessary in order to obtain data necessary for the Bureau of Meteorology’s functions under the Meteorology Act 1955 (Commonwealth);

iii. The Bureau of Meteorology is established as a national meteorological agency to perform its functions under the Meteorology Act 1955 (Commonwealth) in the public interest; and

iv. The site produces data relevant to agricultural data users, and is of value to primary producers in the Shire.

(g) The commencement and end of the submission period;

(h) How submissions can be made;

(i) That persons making a submission is entitled to request that they be heard in support of their submission and are entitled to appear in person; and

(j) Contact details for a Council representative if further information is required.

4. The date by which submissions are to be submitted, for the purposes of Section 223 of the Local Government Act 1989 (Cth) be 30 days from the date of the placement of the necessary advertisements.

5. That the advertisements be placed in the local press, namely the North Central News, Sea Lake Wycheproof Times Ensign and the Buloke Times.

1. Proposed lease advertised

Petition - Donald Pool Season Opening and Closing Dates

1. Council review its current pool policies to include provisions around the length of the pool season for each of its pools.

2. Council staff consult with pool committees, key user groups and the community in the re-development and review of this policy.

3. Following the consultation period, the draft policy be presented to Council prior to the August Ordinary Meeting of Council.

4. In the implementation of this policy, prominent signs advertising the length of the season be erected at each pool for the duration of the season.

Report being prepared for June Ordinary Meeting

Ordinary Meeting 10 April 2013

Community Local Law (Amendment) No 13 of 2013

1. Council proposes to make the Community (Amendment) Local Law No.13 of 2013.

2. Give notice of its intention to make the Community (Amendment) Local Law No.13 in the Government Gazette and in the Buloke Times, North Central News and Sea Lake Times Ensign in accordance with section 119(2) of the Local Government Act 1989.

3. Endorse the draft Discussion Paper that has been prepared to assist with both the preparation of the proposed Local Law and community consultation and that it be made available as part of the process for community consideration of the proposed Local Law.

4. Make copies of the proposed Local Law and the Discussion Paper available on Council’s website and at each of the Council’s District Offices.

5. Invite submissions on the Community (Amendment) Local Law No.13 in accordance with section 223 of the Local Government Act 1989.

6. Appoint a special Committee of at least three Councillors to hear and consider any submissions made in accordance with section 223 of the Local Government Act 1989.

1. Advertisement placed in local newspapers.

2. Proposed Local Law gazetted.

3. Closing date for submissions 25 June 2013.

Ordinary Meeting 13 March 2013

Central Murray Regional transport Forum

Write to the Central Murray Regional Transport Forum confirming its ongoing commitment and involvement and agreement to the $3,000 annual contribution.

Correspondence to be prepared

Review of s86 Committees

Council determine to transition all Committees established to assist with the care, maintenance and management of Council owned facilities and land, including land and facilities where Council is the appointed Committee of Management under the Crown Land Reserves Act, to Advisory Committees as set out in the Local Government Act 1989;

2. Recognising that transition of all current committees to Advisory Committee status will require working with existing committees, that this transition take place over the next 12 months;

3. Council write to all of the Committees identified in the Attachment to this report advising them of the intent to transition to Advisory Committee status and the reasons why this is considered to be important;

4. As part of the correspondence referred to in 3 above advise Committees of the support to be provided by Council in making the transition as set out in this report; and

5. The Chief Executive Officer report to Council on a quarterly basis of the progress being made in implementing this decision.

1. Correspondence prepared

2. Correspondence sent out

3. Article for Community Matters prepared

4. Consultant and staff preparing committee manual and associated materials

4. Meetings to be scheduled

Impact of Flood Mitigation on Insurance

Council write to the Insurance Council of Australia seeking clarification of their position on risk ratings, property cover and premium variations of insured properties within the protection of approved levee banks.

Correspondence prepared and sent

Ordinary Meeting 13 February 2013

Notice of Motion No 28 – Water for Fire Fighting

Purposes

That Council:

1. Write to the Chief Officer of the CFA outlining the concern of the local Country Fire Authority (CFA) Brigades with the lack of access to tanks along the Wimmera

Mallee Pipeline for fire fighting purposes

2. Write to the CFA Regional Office requesting advice as to priorities for the installation of tanks along the Wimmera Mallee Pipeline in Buloke to allow

applications to be made to the CFA under the Fire Access Roads Scheme (FARS)

3. List this matter for discussion at the next meeting of the Municipal Fire Management Planning Committee

4. List the construction of tanks along the pipeline utilizing funds available through FARS as a matter for consideration by Council as part of 2013/14 Budget preparation.

1. Correspondence being prepared.

2. Contact made with CFA Regional Office and advice sought from Group Captains as to tank priorities.

3. Installation of tanks using FARS funding to be listed for consideration as part of 2013/14 Capital program.

Ordinary Meeting 12 December 2012

Notice of Motion: Police Presence in Buloke

1. Council write to Inspector Jamie Templeton seeking an urgent meeting in the New Year to further discuss ongoing concerns with Police presence and incident response times in Buloke.

2. The letter make specific reference to the violent incident that occurred in Watchem on 25 November 2012 and continuing problems with antisocial behaviours in Birchip and Charlton.

3. That a copy of the correspondence be sent to the Member for Swan Hill, Mr Peter Walsh MLA.

Transfer of Service Approvals at the Wycheproof, Charlton and Sea Lake Kindergartens

1. Authorise the Manager Community Services to commence the formal process required to facilitate the transfer of the Service Approval for both the Wycheproof and Charlton Kindergartens to the YMCA of Ballarat as the Approved Service Provider.

2. Authorise the Manager Community Services to commence the formal process required to facilitate the transfer of the Service Approval for the Sea Lake Kindergarten to Mallee Track Health and Community Service as the Approved Service Provider.

3. Continues to work with the individual Committees of Management and staff of the Wycheproof, Charlton, and Sea Lake Kindergartens to ensure a smooth transition of these Approved Services to the new Approved Service Providers.

4. Authorise the Manager Community Services to develop appropriate Facility Service Agreements with the YMCA of Ballarat and Mallee Track Health and Community Service to govern operational and maintenance responsibilities at all kindergartens located in the Buloke Shire.

1. Draft Facility Service Agreements with Ballarat YMCA and Mallee Track Health and Community Service to address the following matters:

· Governance

· Operations

· Maintenance

· Staff transfer arrangements

· Occupancy arrangements for the respective Kindergartens that are subject to the transfer arrangement.

2. Industrial relations implications considered

3. Meeting to be held with YMCA in February 2013

4. Kindergarten Committees and parents kept informed as to the actions being undertaken

Gilmour Road Land Transfer Agreement

That the Council:

· 1. Proceed with the exchange of land at the intersection of Gilmour Road and Swanwater North Road in lieu of the section of the road reserve provided by Gilmour’s to the Council on Plan of Subdivision 444992B.

· 2. Transfer Crown Allotment 2002 PP2532 Parish of Donald [Volume 11025 Folio 502] to Mr CT & Mrs DJ Gilmour.

· 3. Gilmour’s have agreed to purchase the property for $7,000 excluding GST as determined by Council’s appointed valuers A and L Harvey Valuation Services.

· 4. Place Public notices in local newspapers including full details of the proposed purchaser, price to be paid for the land and intended use.

1. Legal instrument to be prepared

2. Advertising in accord with Local Government Act to be undertaken

3. Purchasers to be advised of transfer program

Audit Advisory Committee – Progress of Actions

ISSUE #	DATE REFERENCE	ACTIONS	ACTION TAKEN	RESPONSIBLE PERSON INCLUDING ANTICIPATED COMPLETION DATE
1	Nov 2011	Internal Auditors to review compliance with the new financial management compliance framework and update schedule.	Included in 2013-2105 Internal Audit Plan. Project has been scoped. (Appendix 4 – Risk Review & Proposed Internal Audit Plan.	Manager Finance: Completed
2	Nov 2011	Committee strongly recommends as a matter of urgency Buloke look at the quality of internal reporting.	Financial reporting upgrades still in progress. Quality of financial reporting has been improved. Committee has endorsed improvements to date. New templates to be ready for July 2013 Management Report	Manager Finance: Improvements to be completed by 30 June 2013.
3	May 2012 May 2013	The Committee requested an action plan be prepared based on the VAGO fraud audit report. Committee is seeking more information on specific actions such as staff training, and policy and procedure reviews	Action plan developed. Progress against the Action Plan reported to each Audit Advisory Committee meeting. Fraud awareness integrated inot revised Induction Manual. Specific fraud prevention training instigated. Cash handling procedures reviewed	Manager Finance: Completed CEO: By 30 September 2013.
4	May 2012/May 2013	Audit Committee Self Assessment to be an Agenda Item for next Committee meeting.	Self assessment questionnaire distributed. Committee members to return to Internal Auditor. Internal Auditor to table report at next meetings. Item to be included as an agenda item for September 2013 meeting.	Manager Finance: 30 September 2013.
5	Nov 2012/May 2013	Committee to be updated on Project based accounting system being developed by Geoffrey Ballard for tracking major flood related road projects.	System currently being developed. Committee to be forwarded information when it is available.	Manager Finance: 31 May 2013
6	Feb 2013/May 3103	The Committee suggested that the Risk Officer look at the Fraud Risk Register. Unfavourable comments put in brackets for comparison.	Fraud Risk Register currently being reviewed. Risk Officer meeting with LOGOV consultant in May 2013 to agree on format. For review at September Committee meeting	Risk Officer: 31 August 2013
7	May 2013	The Committee requested a likelihood table for the Internal Audit Plan.	For review at September Committee meeting	Manager Finance and Internal Auditor: 30 September 2013.
8	May 2013	The Committee requested to see a calendarisation of the balance sheet.	For review at the September Committee Meeting	Manager Finance: 31 August 2013
9	May 2013	Risk Register - The Committee requested confirmation on the rating of high re: Legislative Requirements, RM30.	For review at the September Committee meeting	CEO: 31 August 2013

7. Financial

i) Management Reporting

Further revisions to the Monthly Reporting format were introduced at the May Ordinary Meeting.

b) Internal Audit Program

· Internal Audit Reports

o Draft Report on Budget Planning tabled at Audit Advisory Committee meeting 17 may 2013.

c) NDRRA Flood Repair/Restoration

Pre-payment of $11.3M received.

Acquittal of expenditure and grant funds received is continuing.

· A claim for the period January 2011 to end January 2012 has been lodged. .

· A claim, for the period February 2012 to end May 2012 has been lodged.

· A claim for the period June 2012 to December 2012 is being prepared.

· Request for further pre-payment advance of $4.5M has been lodged with DTF.

State Government is seeking to extend the period for lodgement of claims to 30 June 2014. Letter of support sent.

8. Staff

New Appointments

Alvina Brooks – Relief Pre-School Assistant (Sea Lake) – Human Services

Rhys Crapper – Senior Finance Officer – Finance

Glen Berry – Assistant Manager urban (Temporary Appointment – 12 Months) – Works and Corporate Services

Brendan Ryan – Superintendent Urban Infrastructure (Temporary Appointment – 12 Months) – Works and Corporate Services

Resignations/Departures

Nil

9. Major Projects (Projects with a value of over $100,000, projects carried over from previous year or projects of special interest)

i) Donald Storm Water Re-use System – Negotiation of end-user agreement is still proceeding. Operational manual is still being drafted.

ii) Charlton Recreation Reserve – Connection to AWB Dam – Meeting with AWB held 27^th March. Draft MoU prepared and currently being reviewed. Review of construction plans being undertaken to ensure there have been no new matters to be considered since the design was completed.

iv) Traveller’s Rest, Charlton – Manager’s Residence and Information Centre – Discussion with the Traveller’s Rest Committee regarding the scope and financing of the project is continuing. Updated costs, including service costs, are being assessed by a Quantity Surveyor, report to be available by end of May 2013. .

v) Donald Family Services Centre

· Application for funding under the Regional Growth Fund has been confirmed as successful.

· Availability of funding under the ‘Putting Locals First’ Program has been confirmed.

· Capital Funding Agreement for $1.035M from DEECD signed.

· Detailed project plan being prepared.

· Project Reference Group and Donald 2000 have offered to raise $80,000 toward the project.

· Donald Family Services Centre Project Liaison Committee formed at meeting held on 4 April 2013.

vi) Charlton Park Community Building

· Funding for State Government assistance with preparation of construction drawings has been confirmed.

· Launch of community fund raising effort has been held. In excess of $700k has already been pledged.

· Tender for preparation of construction drawings to be advertised in May 2013.

· Project Committee meetings continuing

vii) Berriwillock Community Centre

· Contractor on site.

· Construction timeframe remains on track. Practical completion date set for CFA fire shed – 25th June 2013 and Multi Purpose area – 22nd July

· Project review meetings with the CFA are being held on a three weekly cycle.

· Meeting held with Project Liaison Committee and agreement reached on community contribution to the project ($28,935)

viii) Charlton Skate Park

· Funding support from Bendigo Bank confirmed.

· Funding from the DPCD ‘Minor Facilities Program’ has been announced.

· Design brief prepared and quotations to be sought.

ix) Birchip Bowling Club – Artificial Green

· Funding support from Birchip Bowls Club.

· Funding from the DPCD Minor Facilities Program has been announced.

· Quotations for design have closed. The lowest quotation received was for $40,000.

· Discussion held with Birchip Bowling Club regarding the need for tight cost control over the remainder of the project.

x) Contract C6-2011/12 and Contract C12-2011/12 - Flood Damage Repair and Reconstruction

i. Principal Contract (C06)

a) Work Program approved

b) Works proceeding

c) Project Steering Committee meeting held 15 April 2013

xi) Green Lake

xii) Charlton Swimming Pool – Pool liner and pipe-works. Design contractor appointed. Continuing water loss from the pool requires that the project be undertaken this winter.

xiii) Sea Lake Pool – Pool Liner and Pipe-works tender let. Contractor on site.

xv) Donald Airport – Power Upgrade – Works agreement with PowerCor signed. PowerCor are to confirm a date for works to commence. Contractor appointed. Anticipated date for completion August 2013.

xvi) Donald Scout Hall/Angling Club

· Works on site have re-commenced

· Report to Council at June Ordinary Meeting.

xvii) Charlton Harness Racing Club – Flood Repairs – Contract let, Works have commenced.

xviii) Charlton Swan Hill Road – Gravel Re-sheet – Works commenced.

Flood Update

i) General Update on Recovery Activities

· Charlton Flood Plan

o * Funding application to Government for preparation of detailed designs under NDRGS submitted.

· Donald Flood Plan

o * Funding application to Government for preparation of detailed designs and Stage One works under NDRGS submitted.

· Community Events

o ‘Stories from the Flood’ publication proceeding.

· Rural Support

o Fire Shed schedule for 2013 has been distributed.

o ‘Farm Gate’ visits continuing.

· Wycheproof Community Flood Mapping Meeting – Meeting held on 24 April 2012. Feedback not yet received.

· Culgoa Flood Study – Mallee CMA has held an initial meeting with the Culgoa community.

· Flood Preparedness Plans

o Plans developed for Charlton, Donald and Culgoa but still with VicSES for final release.

ii) Community Recovery Committee Activities

· Charlton

o Committee meeting on a monthly cycle – Meeting held 9 April 2013.

· Culgoa

o Committee to meet as part of Culgoa Development Group meeting.

o Representatives of Mallee CMA have met with the Culgoa community to commence the process.

· Donald

o Committee meeting on an as needs basis. Date of next meeting yet to be advised.

· Wycheproof

o Meeting with NCCMA to undertake flood mapping held on 24 April 2012. No feedback yet received.

· Rural

o Fire Shed meetings proceeding

10. Council Policy and Strategy

ii) MSS and Scheme Review - Further briefing provided at May Assembly Meeting.

iii) Domestic Waste Water Management Plan – Discussion held with consultant to complete the work required.

iii) Public Health Sub-Plan of the Municipal Emergency Management Plan (MEMP) – Consultant engaged to prepare the Plan in accord with Department of Health (DoH) requirements.

iv) Local Laws Review

a. Saleyards Local Law – Draft Local Law on public exhibition. Report to July ordinary Meeting

b. Community Local Law – Amendment to Local Law to control shipping containers in residential area is currently on public exhibition for comment. Report to June ordinary Meeting.

v) Pre-School Cluster Arrangements

o Discussion regarding transfer of Sea Lake operating licence to Mallee Track is continuing.

vii) Domestic Animal Management Plan (DAMP) – Review of current plan to reflect changes to legislation has commenced.

viii) Management Reviews

a. Road Maintenance Standards

Meetings of relevant staff are continuing.

b. Road Construction/Rehabilitation Decision Making Processes

Review has commenced using information and designs prepared as part of C06 as the base..

c. Economic Development – Review of Policies, Strategy and Approach

Draft for consideration at Assembly Meeting 29 May 2013.

d. S186 Committees of Management – Review of Governance, Risk Management and Financial Arrangements

· Recommendations adopted at March Ordinary meeting.

· Follow-up action proceeding

e. Financial Sustainability and Affordability

· Review of recommendations from the Ernst and Young report has commenced.

· Draft action plan prepared and considered by Council on 11 February 2013.

· Updated Action Plan maintained on Dashboard.

· LGV has advised Mr Stephen Roche has been appointed as Monitor.

f. Municipal Emergency Management Plan

o Work plan to review current Plan is being finalised in conjunction with VicSES.

g. Maintenance of Sporting Grounds and Reserves (Anthony Judd lead Manager)

h. HACC Program - Delivered Meals

Internal review has commenced and draft report provided to the CEO for comment.

i. Forward Capital Works Planning

Further draft is to be circulated to Councillors 27 May 2013.

j. Volunteer Support

· Loddon Mallee Community Leadership Program and Bendigo Volunteers have been jointly contracted to develop and deliver a volunteer support program across the Shire.

· Community workshops held.

· Committee support materials being prepared.

k. Road Management Plan

Project team established and several meetings held. Review of the current Plan has commenced. Arrangements put in place for a risk analysis when a draft Plan is available.

l. Heavy Plant Maintenance

· Quarterly meetings of Plant Group scheduled.

m. Heavy Plant Replacement Program

· Review of the future of Long Haul Cartage Trucks is continuing.

n. Municipal Public Health and Wellbeing Plan

· Consultant engaged

· Initial working party meeting held on 26 March 2013.

· Project proceeding

11. State Government Matters

· VicRoads

Meeting held 12 April 2013. The following matters were discussed:

· Calder Highway, Dumosa - Truck Stop

· Design work for a toilet block has been completed and is likely to proceed in 2013/14 as a result of the Federal funding announcement.

· Installation of rubbish bins to be considered in conjunction with the toilet development.

· CFA Regional Officers have met with the Dumosa Brigade and advised the Dumosa Fire Shed will need to relocate if the toilets proceed.