Minutes of Ordinary Meeting

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

Minutes of the Ordinary Meeting held on Wednesday, 13 August 2014 commencing at 7.00pm in the Wycheproof Supper Room, 367 Broadway, Wycheproof

PRESENT

CHAIRPERSON:

Cr Reid Mather Mallee Ward

COUNCILLORS:

Cr Ellen White Mallee Ward

Cr David Pollard Lower Avoca Ward

Cr Stuart McLean Lower Avoca Ward

Cr Graeme Milne Mount Jeffcott Ward

Cr Leo Tellefson Mount Jeffcott Ward

OFFICERS:

Mr John Hicks Chief Executive Officer

Ms Gaynor Doreian Director Corporate and Community Services

Mr Anthony Judd Director Works and Technical Services

Mr Tom O’Reilly Acting Manager Finance

AGENDA

1. COUNCIL WELCOME

WELCOME

The Mayor Cr Reid Mather welcomed all in attendance.

STATEMENT OF ACKNOWLEDGEMENT

We acknowledge the traditional owners of the land on which we are meeting. We pay our respects to their Elders and to the Elders from other communities who maybe here today.

2. RECEIPT OF APOLOGIES

Cr Gail Sharp Mount Jeffcott Ward

3. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

Motion:

That Council adopt the Minutes of the Ordinary Meeting held on Wednesday, 9 July 2014 and Council adopt the Minutes of the Special Meeting held on Wednesday, 30 July 2014.

Moved: Cr Ellen White

Seconded: Cr Stuart McLean

Carried.

4. REQUESTS FOR LEAVE OF ABSENCE

Nil.

5. DECLARATION of PECUNIARY AND conflictS of interest

Cr Pollard declared a conflict of interest in Item 7.2.4 on the basis of his membership with the Rex Theatre Board of Management.

Cr Mather declared a conflict of interest in Items 9.6.2 and 9.6.3 on the basis of his position of Executive Officer of the Rail Freight Alliance.

Motion:

Council resolve to amend the Order of Business for this Ordinary Meeting 13 August 2014, in order to include the Record of Assembly of Councillors Meeting held 28 July 2014 when addressing Item 6.4 Report of Assembly of Councillor Meetings.

Moved: Cr Ellen White

Seconded: Cr Stuart McLean

Carried.

6....... Procedural Items

6.1 Planning Applications Received - Monthly Update 6

6.2 Planning Applications Approved By Chief Executive Officer 7

6.3 Building Permits - Monthly Update 9

6.4 Report of Assembly of Councillors Meetings 11

6.5 Council Approval for Use of Council Seal 18

6.6 Letters of Congratulations and Recognition of Achievement/Awards 19

7....... General Business

7.1 Policy Reports 20

Nil

7.2 Management Reports 21

7.2.1 Swimming Pool Season 2014/15 21

7.2.2 Final Buloke Aquatic Strategy 23

7.2.3 Meeting Procedure and Common Seal Local Law No 9 (Incorporating Amendments Made by Local Law Nos. 11 and 12) - Matters Not Provided For 114

7.2.4 Rex Theatre - Deductible Gift Recipient Status 116

7.2.5 Request from Department of Sustainability and Environment (DSE) for Closure of Section of Unnamed Road, Parish of Dooboobetic 119

7.2.6 The Cancellation of Building Enforcement Orders 124

7.2.7 Request from Department of Sustainability and Environment (DSE) for Unnamed Road (Angle Road Extension) Closure, Birchip 126

7.2.8 Application for Permit to Keep Excess Number of Cats at 15 Campbell Street, Birchip 132

7.2.9 Flood Donation Allocations 135

7.2.10 Proposed Meeting Schedule 2014 - 2015 137

7.3 Financial Reports 141

7.3.1 Financial Performance for the Year Ending 30 June 2014 141

7.3.2 Contract No. C6 - 2012/13 Supply of Municipal Valuation Services 2014 - Exercise of Extension 2016 153

8....... REPORTS FROM COUNCILLORS

8.1 Delegate Reports 157

8.2 Activity Reports 159

8.3 Report from the Mayor 159

9....... OTHER BUSINESS

9.1 Petitions 160

9.1.1 Petition received from Charlton 160

9.2 Notices of Motion 163

Nil

9.3 Questions from Councillors 163

Nil

9.4 Questions from the Public 163

Nil

9.5 Any Other Procedural Matter 163

Nil

9.6 Urgent Business 163

9.6.1 Support Department Environment and Primary Industries - MAV Submission to Draft Victorian Floodplain Management Strategy 163

9.6.2 Rail Freight Alliance Policy Document 164

9.6.3 Murray Basin (GHD) Report 164

9.6.4 School Bus Routes 165

10..... MATTERS THAT MAY EXCLUDE THE PUBLIC

Nil

11..... ANY OTHER BUSINESS

Nil

12..... MEETING CLOSE

Meeting closed at 9.01pm.

NEXT MEETING

The next Ordinary Meeting of Council will be held in Wycheproof Supper Room, 367 Broadway, Wycheproof on Wednesday, 10 September 2014 at 7.00pm.

JOHN HICKS

CHIEF EXECUTIVE OFFICER

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

6. Procedural Items

6.1 Planning Applications Received - Monthly Update

Author’s Title: Senior Planning Officer

Department: Corporate and Community Services File No: LP/09/01

Attachments:

Nil

Motion:

That the Council note information contained in the report on planning applications under consideration by staff and the status of each of these applications.

Moved: Cr David Pollard

Seconded: Cr Stuart McLean

Carried.

1. Executive Summary

This report provides information on planning applications under consideration by staff and the status of each of these applications.

2. List of Planning Applications

Application No	Applicant	Address	Date Rec	Summary of Proposal	Status
557/14	W Donnellon	Chancery Street, Birchip	13/06/14	Buildings and works, Native Veg removal	Referral with DEPI
558/14	A Morrison	Calder Hwy, Nullawil	20/06/14	Native Veg removal	Referral with DEPI
560/14	Donald Industrial Development	29 Racecourse Road, Donald	02/07/14	Use and development of a warehouse	Permit issued within 30 days
561/14	Sea Lake Development	65 Best Street, Sea Lake	18/07/14	Buildings and works to supermarket	Permit issued within 30 days
562/14	R & M Harrison	188 Harrisons Rd, Sea Lake	21/07/14	Second dwelling on a Lot	Notice of Application
563/14	Nandaly Grain Co-op	Nandaly-Tempy Rd, Nandaly	21/07/14	Use and development of a machinery shed	Notice of Application

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

6.2 Planning Applications Approved By Chief Executive Officer

Author’s Title: Governance Officer

Department: Office of the CEO File No: LP/10/01

Attachments:

Nil

Motion:

That Council notes information contained in this report on planning permits that have been administered by the Planning Officer and approved by the Chief Executive Officer under Council’s delegated authority.

Moved: Cr Leo Tellefson

Seconded: Cr Stuart McLean

Carried.

1. Executive Summary

This report advises Council of the planning permits that have been administered by the Planning Officer and approved by the Chief Executive Officer under Council’s delegated authority.

2. List of Planning Permits

Date	Permit No.	Applicant	Address and Project
23.7.14	555/14	Price Merrett Consulting on behalf of K Rodgers P O Box 313 Kerang 3579	Lot 1 TP 854843U Pty No. 361 400 802 Known as 55 Davies Street, Charlton Building and works, being an amenities building.
29.7.14	560/14	Donald Industrial Development Pty Ltd 2 Byrne Street Donald	Lot of PC 360753B Pty No. 115 402 103 29 Racecourse Road, Donald Use and development of a Warehouse
10.7.14	556/14	Grampians Wimmera Mallee Water 4 Peppercorn Mews Swan Hill 3585	Lot 56 of LP 026011 Pty No. 242 000 604 Known as 56 George Street, Sea Lake Use and development of an outbuilding
23.7.14	561/14	Sea Lake Development Pty Ltd P O Box 89 Sea Lake 3533	CA 13 (Pt) Section 1 Parish of Burupga Known as 65 Best Street, Sea Lake Building and works in Commercial 1 Zone
9.7.14	547/14	Ferguson Perry Surveying on behalf of G Sait 62 McLachlan Street Horsham 3400	CA 57 (Pt) Parish of Narrewillock Pty No. 384 419 502 Known as 339 Bishs Road, Narrewillock Two lot subdivision – dwelling excision
Date	Permit No.	Applicant	Address and Project
17.6.14	535/14	Acciona Energy Level 95 Coventry Street South Melbourne Vic 3205	Known as: Gap Road, Nine Mile Vic 3518\ Pty No: 381 922 502 Use and development of the land for a Wind Energy Facility

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

6.3 Building Permits - Monthly Update

Author’s Title: Compliance Administration Officer

Department: Corporate and Community Services File No: DB/14/02

Attachments:

Nil

Motion:

That Council notes information on building permits approved by staff from 1 July 2014 to 31 July 2014.

Moved: Cr Leo Tellefson

Seconded: Cr David Pollard

Carried.

1. Executive Summary

This report provides information on building permits approved under delegation from 1 July 2014 to 31 July 2014.

2. List of Building Permits Approved by Council Surveyor

Permit No.	Address	Project Description	Value	Date Approved
20140054	96 Birchip-Sea Lake Road, BIRCHIP	New Building: Fertiliser Warehouse	$100,000	3/07/2014
20140056	John Curtain Drive, CHARLTON	New Building: Storage Shed	$11,784	15/07/2014
20140057	941 Gretgrix Road TEDDYWADDY	New Building: Shed	$11,222	24/07/2014
20140059	169 Best Street, SEA LAKE	New Building: Storage Shed	$11,329	30/07/2014
20140060	11 George Street, SEA LAKE	New Building: Storage Shed	$7,985	30/07/2014

3. List of Building Permits Approved by Private Surveyors

Permit No.	Address	Project Description	Value	Date Approved
20140055	34 Campbell Street, BIRCHIP	New Building: Dwelling & Garage	$296,000	9/07/2014
20140058	8 Cunningham Lane, SEA LAKE	Remove Building: Department of Human Services dependant unit	$1,500	7/07/2014

Permit No.

Address

Project Description

Value

Date Approved

20140055

34 Campbell Street, BIRCHIP

New Building: Dwelling & Garage

$296,000

9/07/2014

20140058

8 Cunningham Lane, SEA LAKE

Remove Building: Department of Human Services dependant unit

$1,500

7/07/2014

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

6.4 Report of Assembly of Councillors Meetings

Attachment 1 Report of Assembly of Councillors - 7 July 2014

BULOKE SHIRE COUNCIL

RECORD

Assembly of Councillors

Date and Time:

7 July 2014

Time: 5.00pm to 8.00pm

Location:

Culgoa Hall Supper Room (43 Main Street, Culgoa)

Attendees:

Cr Reid Mather – Mayor

Cr David Pollard

Cr Stuart McLean

Cr Leo Tellefson

Cr Gail Sharp

Cr Graeme Milne

John Hicks – Acting Chief Executive Officer

Tom O’Reilly – Acting Manager Finance

Anthony Judd – Director of Works and Technical Services

Gaynor Doreian – Director of Corporate and Community Services

Apologies:

Cr Ellen White

ITEMS

NO.	TOPIC		PURPOSE
1.	Declarations of Conflicts of Interest
2.	Presentations
2.	2.1	Professor Jane Tomnay and Louise Holland (5.00pm)	Partnership Project with Local Government – Condom Vending Machines
	2.2	Vicki Dane – Southern Mallee Chances for Children (5.30pm)	Chances for Children Funding Project
	2.3	Kevin O’Dea – Rex Theatre Committee (6.00pm)	Update on Rex Theatre current and future projects
	2.4	Daniel McGlone ALP Candidate for Ripon (6.30pm)	Informal introduction
	2.5	Iain Lawrie and Colin McGowan Acciona (7.00pm)	To update Council on requested revisions to Permit conditions
3.	Items for Discussion
	3.1	Council July 9 2014 Ordinary Meeting Agenda Items
4.	CEO Updates
5.	Councillor Matters

Next Briefing:

Date and Time:	30 July 2014	Time: 5.00pm to 8.00pm
Location:	Sea Lake Senior Citizens

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

6.4 Report of Assembly of Councillors Meetings

Attachment 2 Report of Assembly of Councillors - 28 July 2014

BULOKE SHIRE COUNCIL

RECORD

Assembly of Councillors

Date and Time:

28 July 2014

Time: 6.00pm to 9.00pm

Location:

Charlton District Office

Attendees:

Cr Reid Mather – Mayor

Cr Ellen White

Cr David Pollard

Cr Stuart McLean

John Hicks – Chief Executive Officer

Tom O’Reilly – Acting Manager Finance

Apologies:

Cr Leo Tellefson

Cr Gail Sharp

Cr Graeme Milne

ITEMS

NO.	TOPIC		PURPOSE
1.	Declarations of Conflicts of Interest
2.
3.	Presentations
	3.1	Wycheproof Vision	Council’s recent budget and its likely effects including services, the financial position of Council and levels of rate rise.
	3.2	Charlton Forum	Council’s recent budget and its likely effects including services, the financial position of Council and levels of rate rise.
	3.3	Donald 2000	Council’s recent budget and its likely effects including services, the financial position of Council and levels of rate rise.

Next Briefing:

Date and Time:	30 July 2014	Time: 5.00pm to 8.00pm
Location:	Sea Lake Senior Citizens

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

6.4 Report of Assembly of Councillors Meetings

Attachment 3 Report of Assembly of Councillors - 30 July 2014

BULOKE SHIRE COUNCIL

RECORD

Assembly of Councillors

Date and Time:

30 July 2014

Time: 5.15pm to 8.00pm

Location:

Sea Lake Senior Citizens (98 Sutcliff Street, Sea Lake)

Attendees:

Cr Reid Mather – Mayor

Cr Ellen White

Cr David Pollard

Cr Stuart McLean

Cr Leo Tellefson

Cr Gail Sharp

Cr Graeme Milne

John Hicks – Chief Executive Officer

Tom O’Reilly – Acting Manager Finance

Anthony Judd – Director of Works and Technical Services

Gaynor Doreian – Director of Corporate and Community Services

Apologies:

ITEMS

NO.	TOPIC		PURPOSE
1.	Declarations of Conflicts of Interest
2.	Presentations
2.	2.1	Jessie Holmes (Senior Planning Officer) and Wayne Wall (Compliance Team Leader) (5.15pm)	Staff presentation on Local Laws and Fire Hazards
	2.2	Judi Bird (Senior Procurement Officer) (5.45pm)	Community Buses
		Dinner Break (6.15pm)
	2.3	Advance Sea Lake Inc – Rachel Pearce, Bron Alday, Laurice McClelland (6.45pm)	Presentation from Sea Lake Community
	2.4	Progress on Customer Service Changes – Gaynor Doreian
3.	Items for Discussion
	3.1	Draft MAV Call to Parties – member feedback opportunity	Attachment
	3.2	Murray Basin Report	Attachment
	3.3	Meeting Dates- Assembly of Council 2014-2015	Attachment
4.	CEO Updates
	4.1	WiFi letter to Minister for Technology
	4.2	Meeting with Wycheproof Vision, Charlton Forum and Donald 2000 Executives
5.	Councillor Matters

Next Briefing:

Date and Time:	11 August 2014	Time: 5.00pm to 8.00pm
Location:	Berriwillock Multi-Purpose Community Centre

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

6.5 Council Approval for Use of Council Seal

Author’s Title: Governance Officer

Department: Office of the CEO File No: Nil

Attachments:

Nil

Motion:

That Council approval be granted to the Chief Executive Officer to execute the items listed below and affix the Council Seal.

Moved: Cr Leo Tellefson

Seconded: Cr Ellen White

Carried.

Cr White thanked Anthony Prange and Patricia Arnel and acknowledged their service.

1. Executive Summary

Council approval is required for the use of the Council Seal on the items listed below.

2. Agreements/Leases

PROPERTY/PROJECT	EXTERNAL PERSON OR ORGANISATION AGREEMENT IS WITH
Buloke Shire Council – Recognition of Service	Anthony Prange Letter in recognition of his 36 years of continued service as an employee of both the Buloke Shire Council and the former Shire of Wycheproof
Buloke Shire Council – Recognition of Service	Patricia Arnel Letter in recognition of her 25 years of continued service as an employee of both the Buloke Shire Council and the former Shire of Wycheproof
Section 17D Crown Land (Reserves) Act 1978 Lease (Non Retail) Donald Scout Hall site Racecourse Road Donald All that land containing 6,600 square metres more or less being part Allotment 6E Section 7 Township of Donald	Scouts Australia (Victorian Branch) 152 Foster Road Mount Waverley Vic 3149

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

6.6 Letters of Congratulations and Recognition of Achievement/Awards

Author’s Title: Governance Officer

Department: Office of the CEO File No: CR/13/01

Attachments:

Nil

Motion:

That Council acknowledges and congratulates the persons and/or groups mentioned in the report for their achievements.

Moved: Cr Leo Tellefson

Seconded: Cr Graeme Milne

Carried.

1. Executive Summary

This report acknowledges and congratulates community persons and/or groups for their success in being recognised for a significant achievement or for being a recipient of an honourable award.

The report also informs Council of any letters of congratulations or any particular recognition of achievement that Council has received or been awarded in the past month.

2. Recognition of Achievement Items

Provider	Recipient	Date	Purpose for Recognition
Buloke Shire Council	Lloyds Newsagency Sea Lake	17 July 2014	Celebrating the Centenary (100^th year) of operation of their family business, established by Keva’s grandparents Bert and Ollie Stubbs in 1914, and continued on by his parents, Len and Audrey Lloyd, followed by Keva and Lesley Lloyd.
IGA National Grocery Awards	Weir’s IGA Supermarket, Donald		Being awarded the 2014 IGA National Grocery Department of the Year Also nominated in the Channel 2 categories of Retailer of the Year, Meat and Fresh Produce International awards to be presented in Africa during late September, and Weir’s will be represented.
Annual Victorian Bands’ League State Solo Championships	Sam and Kyle Postlethwaite Donald High School students		Kyle was awarded first and Sam second place in the 14 and Under Victorian Band League (VBL) Juvenile Saxophone section. Kyle was also the winner of the VBL Woodwind State Title for a second consecutive time, and the Junior (VCE) saxophone section
OfficeMax Australia	Danny Forrest Principal Donald Primary School		Named as one of 10 teachers from Australia to be rewarded through the OfficeMax “A Day Made Better” program. The award was delivered by Essendon footballer Joe Daniher. Selected from 11,000 nominations the award recognises the contribution of teachers who go above and beyond the call of duty for their students.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

7.2 Management Reports

7.2.1 Swimming Pool Season 2014/15

Author’s Title: Coordinator Community Facilities

Department: Works and Technical Services File No: CP/19/01

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

Objective: A Buloke community where people of all ages, backgrounds and abilities, are embraced and supported and can access the Council services they need to help live healthy and fulfilling lives.

Strategy: Working with the community to make Buloke an even better place to live.

Priority: Continuously review the services provided to ensure they are meeting community needs and are being delivered efficiently in a cost-effective manner.

Motion:

That Council:

1. Set the 2014/15 swimming pool season to run from the 15 November 2014 until 15 March 2015 for all seven pools.

2. Write to each Pool Committee, school and user group outlining the pool season dates.

3. Advertise the 2014/15 pool season dates in the local newspapers and display at each pool for the duration of the season.

4. Seek full cost recovery for any requested use outside the proposed opening and closing dates.

Moved: Cr Stuart McLean

Seconded: Cr Graeme Milne

Carried.

1. Executive Summary

This report seeks Council approval for the opening date of Saturday 15 November 2014 and closing date of Sunday 15 March 2015 for the 2014/15 swimming pool season.

2. Discussion

Traditionally, Council has opened all seven pools in the third week of November and then closed them in the third week of March. Consistent with previous years, this report recommends Council sets the Swimming Pool Season to run from the 15 November 2014 until 15 March 2015.

These recommended dates are the basis of the 2014/15 operational budget.

It is also recommended that Council seek full cost recovery for any community groups wishing to access the swimming pools outside of the proposed dates. This is consistent with the approach adopted by Council in 2013/14.

The ongoing review and implementation of the recommendations from Council’s Aquatic Strategy will continue to shape future season lengths beyond the 2014/15 pool season.

3. Financial Implications

The budget has been developed based on the recommended season length.

Opening the pool season earlier or later than these timeframes will cost, on average, approximately $360 per day, per pool fully staffed, or approximately $130 per day unstaffed. This takes into account water, chemical and electrical costs as well as staff wages.

4. Community Consultation

The recommended dates are consistent with previous seasons and comparable with other pools in the Loddon Mallee region.

Through the development of the Aquatic Strategy, it was highlighted that members of the community would like the season to begin earlier and finish later. The Strategy has raised a range of options open to Council to extend the season, most of which however involve incurring additional costs.

5. Internal Consultation

Internal discussions have been conducted with senior management.

6. Legislative / Policy Implications

Nil

7. Environmental Sustainability

Altering the length of the season will have an effect on power and water usage.

8. Conflict of Interest Considerations

No officers involved in the preparation of this report have any direct or indirect conflict of interest.

9. Conclusion

Based on the information above, it is recommended that the 2014/15 pool season operates from 15 November 2014 until the 15 March 2015 at all seven swimming pools and Council seeks cost recovery for any requested use outside these dates.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

7.2.2 Final Buloke Aquatic Strategy

Author’s Title: Coordinator Community Facilities

Department: Works and Technical Services File No: CP/05/14

Attachments:

1 ViewFinal Buloke Aquatic Strategy

Relevance to Council Plan 2013 - 2017

Objective: A Shire planned to meet the current and future needs of the agricultural sector and town-based residents while maintaining and enhancing its built environment.

Strategy: Maintaining and improving the condition of Council-owned assets to ensure essential services are provided and the community has access to quality public facilities.

Priority: Continue the development and implementation of plans to protect, maintain and manage Council assets including, parks, reserves, halls, swimming pools, playgrounds, sports facilities, senior citizen centres and preschools.

Motion:

That Council adopt the final Buloke Aquatic Strategy.

Moved: Cr Leo Tellefson

Seconded: Cr Ellen White

Carried.

1. Purpose

This purpose of this report is to present the Buloke Aquatic Strategy to Council for its adoption.

2. Discussion

In 2013 Buloke Shire Council received funding as part of Sport and Recreation Victoria’s Community Facility Funding Program to develop an Aquatic Strategy for the Shire. The objective of this strategy is to review Council’s swimming pool assets (through technical inspections, a review of operations and community views) and develop a strategy for the future of the pools. This Strategy includes the provision of technical and operational recommendations to assist Council in improving the assets and managing community expectations within budgetary constraints into the future.

Consultation completed in the initial stages of the Strategy showed that the outdoor pools and recreational lakes are valued community assets for each town within the shire. The initial consultation involved conducting street stalls in five townships, targeted interviews with pool committees and other related stakeholders, surveys available to the wider community and conversations with neighbouring councils. Overall, Council had 475 responses informing the Draft Strategy.

While Council has spent considerable funds maintaining and upgrading its outdoor pools over the past five years (more than $3 million), they are deteriorating and ageing facilities that will require further significant funds for Council to continue operating them.

Council has been successful over this period of time in obtaining government grants to assist in upgrading the facilities and will have a continued need to apply for external funding for future development at the pools. One of the biggest challenges will be sourcing the funds required to match government funding.

The technical audit report identified $2.7 million of maintenance, capital and compliance costs over the next 10 years at the seven pools. The costs are broken down against each pool in the table below. A further $4.8 millon will be required to operate the pools, giving a total investment in pool services of $7.5 million plus inflation over the next 10 years.

Swimming Pool	Total Cost Over 10 Years
Charlton Pool	$419,200
Wycheproof Pool	$753,950
Berriwillock Pool	$168,400
Sea Lake Pool	$135,000
Birchip Pool	$501,450
Watchem Pool	$528,750
Donald Pool	$196,850
TOTAL	$2,703,600

The report also outlines that operational costs ($480,000 p.a. without depreciation in 2014/15 budget) associated with day-to-day management of the pools will continue to increase, and Council must factor this into the long term financial plan.

Based on the budgeted operational costs and the forecast capital costs, the cost of providing seven swimming pools will average $750,000 per year over the next ten years (this figure does not take into consideration ongoing increases in the cost of goods and services).

The draft report was presented to Council’s March meeting and was endorsed by Council to be exhibited for community consultation. This consultation program was advertised as a six week period to enable the whole Buloke community to have input. The consultation period was advertised in the local newspapers, in Community Matters, and was made available in Council’s district offices and on Council’s website. The feedback form made available to the community highlighted key areas including concerns the community might have with the strategy, and whether the community would have difficulty with Council developing a cold weather policy to reduce operational costs.

After a six week consultation period Council received two submissions from the Buloke community, one from a Wycheproof resident and one from a Donald resident.

Both submissions highlighted that the Strategy and Council’s general approach did not raise concerns, with a suggestion to copy the Donald volunteer model across the Shire. But the other submission highlighted that it would be difficult for some communities to volunteer and be more involved in the local pool as many community members volunteer in multiple settings already.

The feedback from the consultation process has been included in the final report.

The key recommendations from the report include:

- Changes to operating times and conditions, including implementation of a cold water policy.

- Full cost recovery for any operation of the pools outside standard hours.

- No use of pools after dark or before dawn.

- Trigger factors for complete review of the Strategy include if:

o Council is not able to achieve compliance with public safety, water quality, OH&S or EPA requirements within the proposed maintenance and capital works budget.

o There is a breakdown of pool filtration, pool shell of critical infrastructure.

o Legislative changes that require additional investment beyond current projections.

- Pool committees to play a key role in fundraising, programming and community events for their pools.

- Pool committees to explore opportunities to work with external agencies to organise and promote events.

- Continuation of fee free swimming.

- The need for provision of safe pool supervision by community groups with Council auditing this provision on a regular basis.

- Regular facility audits to assess operational safety of each pool.

- Pool investments to follow the recommendations of the report provided Council can obtain external funding and find the matching funds necessary.

The report also proposes that Council consider a change of management model to reduce the cost of operating the pools. The model that would provide the greatest operational cost savings would be a voluntary community committee model similar to Yarriambiack Shire Council, however the availability of trained volunteers and an increase to Councils risk exposure are key considerations of this proposal.

3. Financial Implications

The report details that over $2.7million of renewal funding in net present value terms is required at Council’s aquatic facilities over the coming ten years to protect assets and ensure compliance.

The combined capital and operational costs will be at minimum $750,000 per year in net present value terms over the next ten years if Council continues to provide swimming pools at the existing service level.

Given Council’s financial position, this strategy provides a significant risk to Council and will need to be closely monitored throughout the implementation of the plan.

The strategy will need to be considered in reference to the development of Council’s future budgets.

4. Community Consultation

An extensive consultation process has been conducted throughout the development of the Strategy, including targeted meetings with relevant organisations, a wide-reaching survey of the community, street stalls and a six-week consultation period for review of the Draft Buloke Aquatic Strategy.

5. Internal Consultation

Internal consultation has been conducted including senior management and councillors throughout the development of this strategy.

6. Legislative / Policy Implications

The strategy recommends policy changes relating to some operational aspects of the swimming pools. An action plan for the consideration and adoption of the recommendations will be developed as part of Works and Technical Services operational program.

7. Environmental Sustainability

Not applicable for the purposes of this report

8. Conflict of Interest Considerations

The officers preparing this report have no direct or indirect conflict of interest.

9. Conclusion

This Aquatic Strategy has had significant community engagement in its development with consideration of community needs and also Council’s ability to afford the expenditure included in the report. It has been identified throughout the process, that Council needs to improve the way it communicates pool closures and other impacts on the pools throughout the pool season, with strategies for improvement to be included in the future action plan.

Overall Council has been identified as being on the right track in the management of its swimming pool facilities, and recommendations from the Strategy will enable Council to further improve its aquatic provision to the Buloke Community.

It is recommended Council adopt the Final Buloke Aquatic Strategy report.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

7.2.2 Final Buloke Aquatic Strategy

Attachment 1 Final Buloke Aquatic Strategy

PDF Creator

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

7.2.3 Meeting Procedure and Common Seal Local Law No 9 (Incorporating Amendments Made by Local Law Nos. 11 and 12) - Matters Not Provided For

Author’s Title: Governance Officer

Department: Office of the CEO File No: LA/08/16

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

Objective: An organisation that is responsibly governed with a strong emphasis on sustainable financial and risk management.

Strategy: Ensuring Council is well governed and its finances and risks are managed sustainably and responsibly.

Priority: Maintain good governance processes for Council and Special Committee meetings and communicate decisions to the community.

Motion:

That Council resolves:

Audio, video or still image recording devices are not to be used, unless prior approval has been given by the Chairperson or by Council. Members of the public gallery are requested to observe this requirement.

Moved: Cr Ellen White

Seconded: Cr Graeme Milne

Carried.

1. Executive Summary

In accordance with the Local Government Act 1989, Council has made the Meeting Procedure and Common Seal Local Law No 9 (incorporating amendments made by Local Law No 11 and Local Law No 12) to govern the conduct of meetings of the Council and Special Committees.

Part 4 (Other Meeting Procedures) and Division 1 Item 56 (Matters Not Provided For) of this Local Law, states “Where a situation has not been provided for under this Local Law, the Council may determine the matter by resolution”.

2. Discussion

The Mayor, Cr Reid Mather, has requested the following procedure be tabled for Council consideration for a matter which is not provided for in its Local Law, being the recording of Council Meetings.

3. Financial Implications

Nil.

4. Community Consultation

Nil.

5. Internal Consultation

Nil.

6. Legislative / Policy Implications

In accordance with the Local Government Act 1989 Council must make a local law governing the conduct of meetings of the Council and Special Committees.

Except as provided in the Local Government Act 1989 and subject to any local laws, the conduct of meetings of a Council is in the Council’s discretion.

7. Environmental Sustainability

Not applicable.

8. Conflict of Interest Considerations

No officer involved in the preparation of the report has a direct or indirect conflict of interest.

9. Conclusion

Council consider adopting a procedure for approval of recording of Council Meetings, in accordance with Part 4, Division 1, Item 56 of the Meeting Procedures and Common Seal Local Law No 9 (incorporating amendments made by Local Law Nos. 11 and 12).

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

7.2.4 Rex Theatre - Deductible Gift Recipient Status

Author’s Title: Chief Executive Officer

Department: Office of the CEO File No: GS/09/26

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

Strategy: Working with the community to make Buloke an even better place to live.

Priority: Support and value volunteers.

Cr Pollard declared an interest in Item 7.2.4 on the basis of his membership of the Rex Theatre Board of Management.

Cr Pollard left the Council Chamber at 7.24pm before discussion of this item.

Motion:

That Council:

1. nominates Cr David Pollard as its representative on the Charlton Community Theatre Pty Ltd board .

2. recognises the Rex Theatre as a significant working museum, community asset and cultural organisation.

3. requires the Charlton Community Theatre Pty Ltd to provide an annual report on its activities including the preservation, analysis and public availability of the Rex Theatre and its collections.

Moved: Cr Stuart McLean

Seconded: Cr Graeme Milne

against – cr white

Carried.

1. Executive Summary

The board of Charlton Community Theatre Pty Ltd has recognised it is responsible for operating a working theatre museum and needs to preserve it and make it available for the appreciation of the broader community and the people of the Buloke Shire. It also recognises the benefits of achieving Deductible Gift Recipient (DGR) Status. To this end, the board seeks governing assistance, reporting and oversight of its cultural responsibilities by enduring representatives of the community through the offices of the Buloke Shire.

2. Discussion

The Charlton Community Theatre Pty Ltd operates the Rex Theatre and is a registered charitable organisation but does not hold Deductible Gift Recipient (DGR) status. The Rex is not only an operating cinema and theatre but also acquires, collects and displays historical items related to the establishment and operation of the Theatre and its surrounding community. It has recently acquired the Keith McDonald Collection, a significant collection of projectors, film, old cinema and film documents, books and memorabilia. This is a rare collective history of the development of film and cinematography in Australia.

The board of the Charlton Community Theatre Pty Ltd has recognised the responsibility it has to continue to acquire, preserve and display such historically significant collections in addition to the operation of the Theatre. This has lead to a change in the charitable purpose of the Charlton Community Theatre Pty Ltd only recently to encompass the operation of the Rex Theatre as a working theatre museum.

Significant pledges from philanthropic individuals and organisations have also led the board to recognise the potential for greater financial support to assist in preserving and making publicly available the collections of the Theatre.

The board hopes to gain Deductible Gift Recipient status from the Australian Taxation Office in support of its endeavours to assist in this process.

The board has recognised its responsibility in holding the collection, to preserve it and make it available for the appreciation of the broader community and the people of the Buloke Shire. To this end, the board seeks governing assistance, reporting and oversight of this cultural responsibility by enduring representatives of the community and wishes to see the Buloke Shire undertake this role.

The board does not seek, expect or desire any financial responsibility or commitment by the Buloke Shire now or in the future. It is important that the collections of the Rex remain for the benefit of the community and for this reason the board desires that the Buloke Shire undertake this role to oversee the assets and collections being properly and prudently preserved, analysed and displayed for the community. This is required in order to achieve DGR status.

The Rex provides entertainement and social benefits to the people of Charlton and the surrounding area. Its is also important for its collections which contribute:

- Historical value in relation to the history of the local area.

- Historical value in relation to early cinematography in Australia.

- Potential contribution to tourism in the Buloke Shire.

3. Financial Implications

The board does not seek, expect or desire any financial responsibility or commitment by the Buloke Shire now or in the future.

4. Community Consultation

Discussions have occurred with the Charlton Community Theatre Pty Ltd.

5. Internal Consultation

Finance Department and Economic Development.

6. Legislative / Policy Implications

Nil

7. Environmental Sustainability

Nil

8. Conflict of Interest Considerations

The officers involved in this report had no conflict of interest arising from its preparation.

Cr Pollard is a member of the board of the Charlton Community Theatre Pty Ltd and was consulted in regard to the operation of the Theatre but was not involved in the preparation of this report.

9. Conclusion

Providing the board of the Charlton Community Theatre Pty Ltd. with governance assistance, reporting and oversight of its cultural responsibilities will assist it with its work in the community and the in attaining DGR status.

Cr Pollard returned to the Council Chamber at 7.35pm.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

7.2.5 Request from Department of Sustainability and Environment (DSE) for Closure of Section of Unnamed Road, Parish of Dooboobetic

Author’s Title: Assets Engineer

Department: Works and Technical Services File No: RO/21/02

Attachments:

1 ViewAttachment No.1:- Showing the Unnamed Road.

2 ViewAttachment No.2:- Showing the Location of the proposed Unnamed Road

Relevance to Council Plan 2013 - 2017

Strategy: Working with the community to make Buloke an even better place to live.

Priority: Continuously review the services provided to ensure they are meeting community needs and are being delivered efficiently in a cost-effective manner.

Motion:

That Council:

1. Commences the statutory procedures pursuant to Section 206 Clause 3 of Schedule 10 of the Local Government Act 1989 (the Act) for the proposed unnamed road reserve discontinuance (as shown on attached plan), and the planned sale of that section by Department of Environment and Primary Industries (DEPI) and invites submissions on the discontinuance.

2. Council writes to land owners adjoining the road reserve advising them of the proposed discontinuance and sale of the section by DEPI and invites them to make a submission on the matter.

3. Council considers any submissions received in accord with the provisions of s223 of the Local Government Act 1989

4. After completion of the actions above, council consider its response to the DEPI request for agreement to discontinue the road.

Moved: Cr Stuart McLean

Seconded: Cr Graeme Milne

Carried.

1. Executive Summary

This report advises Council on the intention to publish a notice of the proposed unnamed road closure and the planned sale by the Department of Environment and Primary Industries (DEPI), and invite submissions on this matter.

2. Discussion

Council received a letter from the DEPI requesting agreement to discontinue and sell a unnamed government between allotments 32 and 33, section 5, Parish of Dooboobetic. The adjoining land owner has applied directly to DEPI to purchase the road. DEPI requires agreement from Council before a road can be closed and dealt with under the Land Act and Crown Land (Reserves) Act.

The section of the unnamed road is not listed in Council’s Road Register. Currently Council is not maintaining the road, which is approximately 1.7km in length and 21 metres in width.

The unnamed road dissects the applicant’s properties and initial discussions held with the applicant have revealed that this section of the road has only been used by the applicant for over two decades. Currently no other property can be accessed through the Road.

The unnamed road runs west off the St Arnaud-Wycheproof Road and the access is partly fenced. There is no access to the unnamed road from the west as both entrances of the joining road are also fenced (see attached map).

Staff have completed an internal review and consider it appropriate to discontinue the road as it is not required for carriageway purposes and would appropriately be consolidated with the larger land-holding.

The Local Government Act 1989 contains provisions to allow the discontinuance of unused sections of road. The provisions require Council to publish a notice in the local papers and the Government Gazette advising details of the proposed sections of the road to be closed, the planned sale of the land by DEPI and invite submissions on the closure.

Council will also write to and advise adjoining property owners about the proposed closure and sale, and invite submissions.

Council will consider any submissions received in accordance with s223 of the Local Government Act 1989.

After completion of the actions above, a further report will be tabled to Council to consider a decision on the DEPI request for agreement to discontinue the road.

3. Financial Implications

Nil.

4. Community Consultation

Council will call for submissions through adverts placed in the local paper, Government Gazette and write directly to adjoining and local land owners.

5. Internal Consultation

Staff have completed an internal review, including on-site inspections.

6. Legislative / Policy Implications

Local Government Act 1989

Road Management Act 2004

Land Act 1958

Crown Land (Reserves) Act.

7. Environmental Sustainability

Nil.

8. Conflict of Interest Considerations

The officers preparing this report have no direct or indirect conflict of interest.

9. Conclusion

The road is not required for access or other purposes. It is therefore considered appropriate to commence the road closure process. Should any submissions to the proposal be received, they will be considered by Council under the provisions of Section 223 of the Act.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

7.2.6 The Cancellation of Building Enforcement Orders

Author’s Title: Senior Planning Officer

Department: Corporate and Community Services File No: DB/04/09

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

Objective: An organisation that is responsibly governed with a strong emphasis on sustainable financial and risk management.

Strategy: Ensuring Council is well governed and its finances and risks are managed sustainably and responsibly.

Priority: Continue Council’s risk management program including the development of a plan to identify and mitigate high-level corporate and community risks.

Motion:

That:

1. Council determine that sufficient enforcement action has been taken.

2. Council endorse the recommendation of the Municipal Building Surveyor to cancel the Building Notices as the owners have demonstrated satisfactory compliance.

Moved: Cr David Pollard

Seconded: Cr Leo Tellefson

Carried.

1. Executive Summary

It is recommended that council move a motion to acquit the below listed building notices with no further enforcement action to be taken as the owners have cooperated in providing show cause for the structures to remain.

2. Discussion

In the following eight properties listed, a building permit was not applied for prior to the construction of the structure. As a result a building notice was issued by the Municipal Building Surveyor to show cause as to why the building should remain.

The properties are:

13 Wilson Street, Charlton Outbuilding constructed (shed)

5 Duncan Street, Birchip Outbuilding constructed (car port)

968 Brim East Road, Wilkur Farm outbuilding (machinery shed)

963 Borung Hwy, Wooroonook Farm outbuilding (machinery shed)

340 Judds Rd, Charlton Masonry Fence

5 Camp Street, Charlton Dwelling extension

3597 Berriwillock-Birchip Rd, Berriwillock Farm outbuilding amenities

22 King Street, Birchip Outbuilding constructed (shed)

In these listed cases the land owner has been able to provide the Municipal Building Surveyor with adequate information to substantiate the structural integrity of the building and demonstrate compliance with the relevant building code.

As a building permit was not applied for, a Final Certificate is not able to be granted.

It is recommended that the Building Notice be cancelled, further enforcement action not be taken, and a letter is sent to the owner stating that the structure can remain.

3. Financial Implications

The financial implications are assessed as low if the course of action is acquittal of the enforcement orders.

4. Community Consultation

Minimal community consultation has taken place aside from consultation with the affected parties.

5. Internal Consultation

Internal consultation between the Building Surveyor and Senior Planning Office has been extensive.

6. Legislative / Policy Implications

The recommended course of action is in keeping with Section 212 of the Building Act 1993.

7. Environmental Sustainability

The impact of acquitting enforcement orders on environmental sustainability is low.

8. Conflict of Interest Considerations

No known conflict of interest.

9. Conclusion

It is recommended that Council determine that the owners have demonstrated show cause in relation to the issued Building Notices and that they be cancelled with no further enforcement action taken.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

7.2.7 Request from Department of Sustainability and Environment (DSE) for Unnamed Road (Angle Road Extension) Closure, Birchip

Author’s Title: Assets Engineer

Department: Works and Technical Services File No: RO/21/02

Attachments:

1 ViewMap showing the Unnamed Road location

2 View2nd Map showing the unnamed Road

Relevance to Council Plan 2013 - 2017

Strategy: Working with the community to make Buloke an even better place to live.

Priority: Continuously review the services provided to ensure they are meeting community needs and are being delivered efficiently in a cost-effective manner.

Motion:

That Council:

1. Commences the statutory procedures pursuant to Section 206 Clause 3 of Schedule 10 of the Local Government Act 1989 (the Act) for the proposed Angle Road West Extension discontinuance (as shown on attached plan), and the planned sale of that section by Department of Environment and Primary Industries (DEPI) and invites submissions on the discontinuance.

2. Writes to land owners adjoining the road reserve advising them of the proposed discontinuance and sale of the section by DEPI and inviting them to make a submission on the matter.

3. Considers any submissions received in accord with the provisions of s223 of the Local Government Act 1989, and

4. After completion of the actions above, Council considers its response to the DEPI request for agreement to discontinue the road.

Moved: Cr David Pollard

Seconded: Cr Graeme Milne

Carried.

1. Executive Summary

This report advises Council on the intention to publish a notice of the proposed closure of the Angle Road extension and the planned sale by the Department of Environment and Primary Industries (DEPI), and invite submissions on this matter.

2. Discussion

In August 2011, Council resolved to give agreement to close and sell a part width of the unnamed road reserve known as Angle Road extension to the adjoining landowner (Mr Maher).

Following Council approval to close part-width of the road, the opposite adjoining landowner, Mr Smith, has written to DEPI with a request to purchase the balance of the road (full width of Angle Road Extension), between Sunraysia Highway and Wirmbirchip Road.

Both adjoining landowners wish to purchase the respective sections adjoining their properties to the full width. In this circumstance the DEPI proposes to close and sell the whole width of the Angle Road Extension from Wirmbirchip Road to Sunraysia Highway (shown on the attachment).

Currently, the adjoining properties owners are the only road users who can access the Angle Road extension. The road has been fenced at the intersections with Wirmbirchip Road and the Sunraysia Highway for the past few years and, therefore, has been blocked to public traffic.

Council is not maintaining the road and it is not listed in Council’s Road Register. The proposed section of road for discontinuance (from Sunraysia Highway to Wirmbirchip Road) is 2.6km in length.

The Local Government Act 1989 contains provisions to allow the discontinuance of unused sections of road. The provisions require Council to publish a notice in the local papers and the Government Gazette advising details of the proposed sections of the road to be discontinued, the planned sale of the land by the DEPI and invite submissions on the closure.

Council will also write to and advise adjoining property owners about the proposed closure and sale, and invite submissions.

Council will consider any submissions received in accord to s223 of the Local Government Act 1989.

After completion of the actions above, a further report will be tabled to Council to consider a decision on the DEPI request for agreement to discontinue the road.

3. Financial Implications

Nil.

4. Community Consultation

Council will call for submissions through advertisements placed in the local paper and the Government Gazette, and will write directly to adjoining and local land owners.

5. Internal Consultation

Staff have completed an internal review, including on-site inspections.

6. Legislative / Policy Implications

Local Government Act 1989

Road Management Act 2004

Land Act 1958

Crown Land (Reserves) Act

7. Environmental Sustainability

Nil.

8. Conflict of Interest Considerations

The officers preparing this report have no direct or indirect conflict of interest.

9. Conclusion

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

7.2.8 Application for Permit to Keep Excess Number of Cats at 15 Campbell Street, Birchip

Author’s Title: Compliance Team Leader

Department: Corporate and Community Services File No: LA/08/06

Attachments:

1 ViewLetter of Objection

Relevance to Council Plan 2013 - 2017

Objective: A Buloke community connected and involved in shaping decisions that affect them.

Strategy: Working with communities and other stakeholders to maintain and enhance a living environment where people feel safe, are connected to their community and are actively encouraged and supported to participate in community life.

Priority: Develop a community safety risk assessment process for service and project activities and progressively implement this over the term of the Plan.

Motion:

That:

Council approve the application and grant a permit under Council’s Community Local Law No. 10 Clause 14(1) to keep one (1) extra cat at the address with the following conditions:

1. When a cat is removed from the property or deceased it cannot be replaced.

2. In the event that any substantiated complaints are received by council regarding the cats being not on the owners property and wandering at large the permit will be revoked.

3. The owner complies with all other provisions of the Domestic Animals Act 1994.

Moved: Cr David Pollard

Seconded: Cr Ellen White

Carried.

1. Purpose

Council has received a local laws application for a permit to allow the keeping of 1 extra cat on the property located at 15 Campbell Street, Birchip.

The applicant requests an exemption from Council’s Local Law No. 10, Clause 14(1) to keep one (1) extra cat on the property located at 15 Campbell Street, Birchip.

2. Discussion

The applicant resides at the property located at 15 Campbell Street, Birchip. According to Council registration data base 2 dogs and 2 cats are currently registered to that address. The applicant has acquired a third cat from a family member who is no longer able to care for the animal. The applicant has taken responsibility to own and care for the cat due to family and sentimental reasons.

The applicant is aware that a Local Law permit is required to keep an extra cat in an urban area and they have taken the appropriate action in lodging an application.

Following community consultation Council has received one (1) signed objection from a landowner/resident who states that they are already experiencing issues with cats in the neighbourhood; particularly wandering at large and cats urinating on their property The objector feels that they would be impacted by the keeping of an additional cat and it is inappropriate and would possibly interfere with the general amenity of the area.

Compliance Officers believe that with the additional conditions listed below the objectors concerns can be alleviated.

1. When a cat is removed from the property or deceased it cannot be replaced.

2. In the event that any substantiated complaints are received by council regarding the cats being not on the owners property and wandering at large the permit will be revoked.

3. The owner complies with all other provisions of the Domestic Animals Act 1994.

3. Financial Implications

Nil

4. Community Consultation

Following normal procedures for Local Laws permit applications, Council has undertaken a survey that involved three neighboring properties that may or could be affected by the activity. Landowners and residents were advised in writing to consider the application and also submit any objections to Council by the 26 May 2014. One objection was received.

5. Internal Consultation

Nil

6. Legislative / Policy Implications

The application and decision making is in keeping with Council’s Community Local Law No. 10 Clause 14(1).

7. Environmental Sustainability

Nil

8. Conflict of Interest Considerations

Nil

9. Conclusion

It is recommended that Council approve the application and grant a permit under Council’s Community Local Law No. 10 Clause 14(1) to keep one extra cat at the address of 15 Campbell Street, Birchip subject to the recommended conditions.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

7.2.9 Flood Donation Allocations

Author’s Title: Director Works and Technical Services

Department: Works and Technical Services File No: WS/20/03

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

Objective: An organisation that is responsibly governed with a strong emphasis on sustainable financial and risk management.

Strategy: Ensuring Council is well governed and its finances and risks are managed sustainably and responsibly.

Priority: Maintain good governance processes for Council and Special Committee meetings and communicate decisions to the community.

Motion:

That Council:

1. Notes the report.

2. Writes to each donor organisation, expressing Council’s appreciation outlining the project that their donation has been allocated toward.

Moved: Cr David Pollard

Seconded: Cr Leo Tellefson

Carried.

1. Executive Summary

This report informs Council of the projects and activities funded as a result of the donations to Council following the January 2011 flood events.

2. Discussion

Following the 2011 flood events, many community organisations made generous donations to Council for flood related recovery or response activities. The donations totalled $65,762, through the contribution of 15 different organisations or individuals.

Some of the donors requested their donation be put to a specific project or activity and the appropriate transactions and communications were completed at the time.

Many of the other donors simply requested it be used to assist with flood related infrastructure repair or developments of Council’s choice. It has been recommended that these funds be used toward the Donald Levee Bank Construction project. This important project will help protect Donald against future flooding events, and also includes the redevelopment of the walking track and other associated infrastructure.

The following table outlines the donor organisation, the amount contributed, and also the project or activity that the donation has been used for.

Donor	Amount	Donation Allocated To:
Municipal Association of Victoria	$15,743	Allocated to Donald Levee Bank Construction
City of Moonee Valley	$15,000	Allocated to Donald Levee Bank Construction
Hobsons Bay City Council	$10,000	Allocated to Donald Levee Bank Construction
Coates Hire Operations Pty Ltd	$5,000	Allocated to Donald Levee Bank Construction
Wimmera Waste	$4,000	Allocated to Donald Levee Bank Construction
Onesteel Recycling	$3,390	Allocated to Donald Levee Bank Construction
St Arnaud Country Music Club	$1,176	Allocated to Donald Levee Bank Construction
Circular Head Council, Tasmania	$5,000	Allocated to Donald Pool Heater Repairs
Salvation Army	$2,000	Allocated towards Christmas hampers for 600 flood affected families
SES - Altona	$1,250	Allocated funding towards Birchip Township 2012 Christmas Party
Salvation Army	$1,000	Allocation for Ballet Dance Program - rental costs for Charlton Hall
Donald Chamber of Commerce	$1,000	Allocated to flood recovery activities in Donald
Inner Wheel Club of Bendigo South	$595	Allocated to park bench installed in front of Charlton Shire Hall.
Max & Julia Hastilow	$250	Allocated 50.00 to for Flood Recovery Community BBQs in Charlton, Culgoa, Donald, Birchip, Wycheproof
Kooringal Golf Club	$358	Allocated Flood Recovery Community BBQs
TOTAL	$65,762

3. Financial Implications

Many of these donations were made for projects or activities that occurred in 2011 and 2012. For the donations that were not tied with specific projects, it is recommended that these be put toward the construction of the Donald Levee Bank, which has a $925,000 total project cost. This project will be completed as part of Council’s capital works program in 2014/15 and 2015/16.

4. Community Consultation

Consultation was completed with donors after the flooding event, particularly for the donors who requested that their contribution be put toward a specific activity.

5. Internal Consultation

Discussions around these allocations have been held by the Senior Management Team and at Councillor Briefings.

6. Legislative / Policy Implications

Local Government Act 1989.

7. Environmental Sustainability

Nil.

8. Conflict of Interest Considerations

Nil.

9. Conclusion

It is recommended that Council formally write to each of the donors, thanking them for their generosity outlining the importance of the project that they have contributed toward.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

7.2.10 Proposed Meeting Schedule 2014 - 2015

Author’s Title: Governance Officer

Department: Office of the CEO File No: GO/05/02

Attachments:

1 ViewProposed Meeting Schedule 2014 - 2015

Relevance to Council Plan 2013 - 2017

Objective: An organisation that is responsibly governed with a strong emphasis on sustainable financial and risk management.

Strategy: Ensuring Council is well governed and its finances and risks are managed sustainably and responsibly.

Priority: Maintain good governance processes for Council and Special Committee meetings and communicate decisions to the community.

Motion:

That Council adopt the proposed Meeting Schedule for 2014 – 2015.

Moved: Cr David Pollard

Seconded: Cr Graeme Milne

Carried.

1. Executive Summary

The proposed Council Meeting Schedule for 2014 – 2015 is tabled for Council consideration for adoption.

Councillors have discussed the possibility of altering meeting dates for Assemblies such that matters to come before Council could be discussed with more notice. Improved notice without necessary delay in the provision of reports can be achieved by moving the Assembly now held on the Monday prior to the Ordinary Meeting to the Wednesday prior to the Ordinary Meeting. The subject is now raised for resolution.

2. Discussion

Moving the assembly prior to the Ordinary Meeting back to the previous Wednesday will provide more notice to Councillors of matters to be raised at Council and give the administration more time to further develop report. Any such move will also impact the timing of the assembly after Council’s Ordinary Meeting. This meeting is available to Councillors to consider events from the Ordinary Meeting as well as to discuss strategic issues and hear presentations. The changes would see a block of Wednesday night meetings for three weeks each month.

Councillors cannot make decisions at assembly meetings but can be briefed on the matters being tabled for Council consideration at the next Ordinary Council Meeting. Councillors can obtain clarification on issues from staff and can use the event to hear presentations from the community and other parties.

The name “Assembly” can be confusing to staff, visitors and the community who might feel that an Assembly of Councillors is able to make decisions on behalf of Council. It sounds like a formal meeting of Council, when it is actually a briefing of Councillors. A name change could clarify the role of these meetings if they were to be called “Councillor Briefings” instead of Assembly meetings.

3. Financial Implications

Nil.

4. Cost Shift Considerations

Nil.

5. Community Consultation

The adopted Meeting Schedule 2014 – 2015 will be published in the Community Matters in the local papers and placed on Council’s website.

The Community Presentations at the Councillor Briefings will allow provision for key stakeholders, individuals, regional and community organisations to address or present to Councillors new initiatives, matters before Council, comment on draft policies, strategies, local laws etc.

Advice will be sent to community forums and development groups to remind them of forthcoming Councillor Briefings scheduled for their district, and inviting representatives from their group to address Councillors.

6. Internal Consultation

The proposed Meeting Schedule 2014 – 2015 has been discussed with Councillors.

7. Legislative / Policy Implications

The proposed Meeting Schedule 2014 – 2015 has been developed in accord with the provisions of the Local Government Act 1989.

8. Environmental Sustainability

Nil.

9. Conflict of Interest Considerations

No staff members involved in the preparation of this report have an direct or indirect conflicts of interest.

10. Conclusion

It is recommended that Council adopt the proposed Meeting Schedule for 2014 – 2015.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

7.2.10 Proposed Meeting Schedule 2014 - 2015

Attachment 1 Proposed Meeting Schedule 2014 - 2015

BULOKE SHIRE COUNCIL

Proposed Council Meeting Schedule 2014 - 2015

Councillor Briefing and Presentations

Pre-Council

Community Presentations

Ordinary Meeting of Council

Councillor Briefing

Policy and Strategy

2014

5:00pm

7.00pm

5:00pm

June

***UnChanged

10 (Tuesday)

(Birchip)

(Wycheproof)

(Nandaly)

July

***UnChanged

(Culgoa)

(Wycheproof)

(Sea Lake)

August

***UnChanged

(Berriwillock)

(Wycheproof)

(Donald)

September

(Charlton)

(Wycheproof)

October

(Sea Lake)

(Wycheproof)

(Birchip)

November

(Donald)

(Wycheproof)

December

(Charlton)

(Wycheproof)

2015

February

(Birchip)

(Wycheproof)

(Donald)

March

(Wycheproof)

(Sea Lake)

April

(Charlton)

(Wycheproof)

(Nullawil)

May

(Nandaly)

(Wycheproof)

(Watchem)

June

(Birchip)

(Wycheproof)

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

7.3 Financial Reports

7.3.1 Financial Performance for the Year Ending 30 June 2014

Author’s Title: Acting Manager Finance

Department: Finance File No: 0614

Attachments:

1 ViewCover, Index and Executive Summary

2 ViewIncome Statement

3 ViewBalance Sheet

4 ViewCash Flow Statement Rolling 12 Month Forecast

5 ViewCash Flow Statement Rolling 12 Month Forecast Graph

6 ViewCapital Works Program

Relevance to Council Plan 2013 - 2017

Objective: An organisation that is responsibly governed with a strong emphasis on sustainable financial and risk management.

Strategy: Ensuring Council is well governed and its finances and risks are managed sustainably and responsibly.

Priority: Review and renew the Council’s financial plans to improve financial sustainability as measured by indicators of local government financial sustainability developed by the Victorian Auditor-General’s Office.

Motion:

That Council receives and notes the Financial Performance Report for the Year Ending 30 June 2014.

Moved: Cr Ellen White

Seconded: Cr Stuart McLean

Carried.

1. Purpose

The purpose of this report is for Council to assess its financial performance for the year ending 30 June 2014.

2. Discussion

The attached Financial Performance report provides an Executive Summary along with the full year financial performance for the Income Statement, Balance Sheet and 2013/14 Capital Works Program.

The attached report also includes a Cash Flow Statement which details the rolling 12 month cash flow forecast.

As part of the Mid Year Review process, Council reforecast its full year budget position. For comparative purposes, the attached report reflects both the Original Adopted Budget and the Mid Year Review Budget. The report compares the Mid Year Review Budget to the 2013/14 full year actual result and significant material variances are flagged with appropriate explanations.

3. Financial Implications

The full year results should be considered as a draft report given the 2013/14 results are subject to audit by the Victorian Auditor-General’s Office. Upon completion of the year-end audit, the 2013/14 Financial Statements and Standard Statements will be presented to Council for certification, in accord with the Section 132⁽⁵⁾of the Local Government Act.

4. Community Consultation

No consultation with the community was required for the production of this report.

5. Internal Consultation

The reports have been prepared in consultation with Budget Managers directly responsible for Council budgets.

6. Legislative / Policy Implications

The report is consistent with the requirements of the Local Government Act 1989.

7. Environmental Sustainability

This report has no direct impact on environmental sustainability.

8. Conflict of Interest Considerations

Nil

9. Conclusion

The Financial Performance Reports reinforce the challenging financial position of the Council. They equally reflect that Council has a clear understanding of its finances and an adopted budget strategy to successfully manage its finances going forward.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

7.3.2 Contract No. C6 - 2012/13 Supply of Municipal Valuation Services 2014 - Exercise of Extension 2016

Author’s Title: Acting Manager Finance

Department: Finance File No: C6 - 2012/13

Attachments:

1 Supply of 2016 Municipal Valuation Services - Fee Schedule - Confidential

2 ViewContract Document - Option for 2016 General Valuation

Relevance to Council Plan 2013 - 2017

Objective: An organisation that is responsibly governed with a strong emphasis on sustainable financial and risk management.

Strategy: Ensuring Council is well governed and its finances and risks are managed sustainably and responsibly.

Priority: Maintain good governance processes for Council and Special Committee meetings and communicate decisions to the community.

Motion:

That:

1. Council notes and declares the Confidential Attachment to this report for Contract C6 – 2012/13 for the supply of Municipal Valuation Services – Exercise of Extension 2016;

2. Council exercises the option to extend the contract for the 2016 General Valuation for the tendered schedule of rates, based on cost extensions and estimated requirements contained in the attachment for $142,820 (excluding GST) to LG Valuation Services, and affixes the Common Seal; and

3. Council delegates authority to the Chief Executive Officer to approve payments to the Contractor for undertaking works associated with the Contract.

Moved: Cr Stuart McLean

Seconded: Cr Ellen White

against – cr milne

Carried.

1. Executive Summary

All Councils in Victoria must appoint a Valuer to undertake a revaluation of all their properties every 2 years in accordance with the Valuation of Land Act. The General Valuation of each municipal area has a level of value date of the 1 January on every even calendar year i.e. 1 January 2014, 1 January 2016, etc.

Council has a contract for the provision of Municipal Valuation services for the 2014 General Valuation period. Within the tender document for this contract, an option regarding the 2016 General Valuation was included in Section 1 Overview, Page 2 (Attachment Two).

Additionally, the advertisement invited tenders for the provision of Municipal Valuation Services for the 2014 General Valuation, with an option for the 2016 General Valuation, in accordance with 2014 Valuation Best Practice Specification guidelines, as issued by the Valuer General.

The contract for the 2014 General Valuation period was awarded to LG Valuation Services. Only one tender submission was received.

2. Discussion

Consideration of the following was undertaken by the Chief Executive Officer, Acting Manager Finance and the Revenue Officer;

· discussions and correspondence with the current contractor

· evaluation of the submitted schedule of rates for the 2016 General Valuation period; and

· evaluation of the service provision for the 2014 General Valuation period

Exercising the option available to Council obtains the services of the valuer at the same rates as agreed for the previous period. It would be expected that the cost of the service could rise if Council went back to the market.

3. Financial Implications

The actual cost to Council is about half of the contract price, as the State Revenue Office makes a financial contribution to the costs of the valuation, amounting to approximately 50% of the total valuation contract costs.

The 2014/15 Budget and budget forward estimates fully provide for the costs associated with provision of Municipal Valuation Services for the 2016 General Valuation.

4. Community Consultation

Community consultation was not required to be undertaken for the extension of this Contract.

5. Internal Consultation

Internal staff meetings and discussions have been undertaken during this process.

6. Legislative / Policy Implications

The tender for the 2014 General Valuation was conducted in accordance with the requirements of the Local Government Act and Council’s Tender Procedures.

7. Environmental Sustainability

Not applicable

8. Conflict of Interest

No staff involved in the preparation of this report have a direct or indirect conflict of interest.

9. Conclusion

The panel, having undertaken their evaluation, reached the following conclusions:

· LG Valuation Services has the expertise and capability to provide the range of services required, based on their previous service provision.

· Exercise of the extension for the 2016 General Valuation period to LG Valuation Services offers a beneficial outcome for Council and is in accordance with the original tender; and

· It is recommended that the extension be granted to LG Valuation Services for the 2016 General Valuation period.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

8. REPORTS FROM COUNCILLORS

8.1 Delegate Reports

Cr Stuart McLean

Wimmera Mallee Tourism Association

15 July 2014 Chaired Meeting. Main issues discussed:

Ø Update of the content and functionality of the website;

Ø This will be done at a very reasonable cost effective cost;

Ø Make it more responsive to mobile connectivity;

Ø Provide basic training to those who are able to access site to alter and update their information;

Ø Continuing to have discussions in relation to the tourism board structures state-wide and the restricted opportunities for small rural Local Government Associations.

Cr Ellen White

North West Municipalities Association (NWMA)

No meeting this month.

Sea Lake Community Complex

Nothing to report.

Economic Development (Buloke Shire Business Excellence Awards/Regional Victorian Living Expo)

The closing date for nominations was extended to mid August. There are now 26 businesses nominated for all categories. This is a decrease on the number of businesses that have been nominated in the three previous years we have held these awards, but is still okay. Organisation of the awards night is progressing.

Central Murray Regional Transport Forum

Ø The Central Murray Regional Transport Forum (CMRTF) meeting was held in Mildura in August. The Wentworth, Balranald and Wakool Councils work closely with their neighbouring Victorian councils on various projects and cross border issues.

Ø Department of Transport, Planning and Local Infrastructure (DTPLI) provided a summary of the Bridges Renewal Program and the Heavy Vehicle Safety and Productivity Program. Round 4 is currently open, but the membership felt that there is not enough time to develop a good submission in the next month or so. However, there is a possibility that Buloke should develop a joint proposal with Swan Hill and Gannawarra for a future round. I have forwarded the summary to Mr Judd.

Ø The CMRTF study document is currently being updated. A final draft will be sent to Council soon for our comment. The final document will contain a case study from each member council.

Ø OPUS Intermodal report: This report was commissioned by the forum as a strategic investigation to identify the freight task in the region and to prioritise intermodal terminal development opportunities on the Robinvale, Sea Lake and Mildura corridors. There are inaccuracies in the report, such as the population of various towns, but members are requested to use the report to encourage investors to consider rail options for freight movements. A summary will be circulated to all member councils soon, and I can provide a copy of the report if you wish to see it.

Ø The CMRTF discussed the Municipal Association of Victoria (MAV) proposal to have Regional Road Boards. We think that there are a number of Regional Forums in existence that are sufficiently representative of Local Government so the MAV proposal is not needed.

Ø Consensus was reached by forum members on Option 4 being the most appropriate option for the upgrade of rail lines in the Murray Basin, as explained in the Murray Basin Report.

Ø The Forum will try to meet with the Opposition Minister as soon as possible in order to ensure the funding for the rail upgrade will still be available after the election in November if the Government changes.

Ø A representative from the NHVR will be invited to attend our next meeting to discuss cross border issues.

Alliance of Councils for Rail Freight Development

No meeting this month.

Motion:

Council to receive the Councillor Delegate Reports as presented.

Moved: Cr Leo Tellefson

Seconded: Cr Graeme Milne

Carried.

8.2 Activity Reports

Cr Stuart McLean

15 July 2014 Wimmera Mallee Tourism Association – Warracknabeal (Chaired)

Wycheproof Vision

Charlton Forum

28 July Chief Executive Officer and Councillors met with Donald 2000, Charlton Forum and Wycheproof Vision – Charlton

30 July Council Briefing – Sea Lake

Cr Ellen White

10 July 2014 Attendance at Demystifying Local Government Finance and the New Reporting Framework workshop – Hopetoun

11 July Launch of Regional Development Victoria (RDV) funding from Victorian Government to the Agrifoods project

Announcement of funding for the building at the Sea Lake Hospital

Meeting with Peter Crisp re: priority projects for the Mallee Ward

16 July Floodplain information session – Swan Hill

28 July Assembly of Councillors – Charlton

30 July Assembly of Councillors – Sea Lake

31 July Meeting with new Loddon Mallee Waste and Resource Recovery Group – Bendigo

4 August Berriwillock Community Development Group meeting

Advance Sea Lake meeting

6 August Central Murray Regional Transport Forum meeting – Mildura

11 August Assembly of Councillors – Berriwillock

12 August Nullawil Progress Association meeting

13 August Ordinary Meeting of Council – Wycheproof

Motion:

Council to receive the Councillor Activity Reports as presented.

Moved: Cr Stuart McLean

Seconded: Cr David Pollard

Carried.

8.3 Report from the Mayor

The Mayor, Cr Reid Mather, verbally presented his report.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

9. OTHER BUSINESS

9.1 Petitions

9.1.1 Petition received from Charlton

Author’s Title: Chief Executive Officer

Department: Office of the CEO File No: FM/05/02

Attachments:

1 ViewPetition Front Page

Relevance to Council Plan 2013 - 2017

Objective: An organisation that is responsibly governed with a strong emphasis on sustainable financial and risk management.

Strategy: Ensuring Council is well governed and its finances and risks are managed sustainably and responsibly.

Motion:

That Council consider the petition received at the Ordinary Council Meeting of 9 July 2014 against the “closure of Charlton’s customer service office” and advise the petitioners that the 2014-2015 budget was adopted prior to the receipt of the petition.

Moved: Cr Stuart McLean

Seconded: Cr David Pollard

Carried.

1. Executive Summary

A petition supported by 178 signatures was registered by Council on 2 July 2014. The petition objected to “the closure of the customer service centre in Charlton”. Council received it at its Ordinary Council Meeting of 9 July 2014 and referred it to this meeting of Council in line with Local Law No 9; Meetings Procedure and Common Seal.

2. Discussion

The accompanying letter to the petition was dated 10 June 2014, the petition was handed to staff at Charlton on 1 July 2014 and the petition was registered on 2 July 2014.

The matter to which the petition referred is the change of customer service at four offices (including Charlton) away from face-to-face contact to other methods of service delivery. The 2014-2015 Budget adopted by Council on 25 June 2014 included adopting changes that will see a saving of $380,000 resulting from the changes to the delivery of customer service.

3. Financial Implications

In the draft budget the closure of face-to-face customer services at four Council offices is expected to realise a cost saving in 2015-16 of $380,000.

4. Community Consultation

Community consultation on the 2014-2015 Budget was undertaken at ten town meetings and submissions were received from the public at a Special Council Meeting on 25 June 2014 along with verbal presentations.

5. Internal Consultation

Extensive internal consultation was undertaken in the preparation of the draft budget including a Service Review to identify costs savings.

6. Legislative / Policy Implications

Nil.

7. Environmental Sustainability

Nil.

8. Conflict of Interest Considerations

No known conflicts of interest.

9. Conclusion

Council can consider the petition however it has already taken action in regard to the subject of the petition by adopting the 2014-2015 Budget.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 August 2014

9.2 Notices of Motion

Nil

9.3 Questions from Councillors

Nil

9.4 Questions from the Public

Nil

9.5 Any Other Procedural Matter

Nil

9.6 Urgent Business

Motion:

That Council resolve to discuss the MAV submission to the Draft Victorian Floodplain Management Strategy as a matter of urgent business because action will be needed in the immediate future.

Moved: Cr Stuart McLean

Seconded: Cr David Pollard

Carried.

9.6.1

Support Department Environment and Primary Industries - MAV Submission to Draft Victorian Floodplain Management Strategy (Cr Stuart McLean) (ES/13/01)

Motion:

That Council provide a letter of support to the Department of Environment and Primary Industries for the MAV submission to the Draft Victorian Floodplain Management Strategy highlighting the cost and responsibility shifts.

Moved: Cr Stuart McLean

Seconded: Cr Graeme Milne

Carried.

Cr Mather declared a conflict of interest in Items 9.6.2 and 9.6.3 on the basis of his position of Executive Officer of the Rail Freight Alliance.

Cr Mather left the Council Chamber at 8.40am.

Cr Tellefson assumed the role of Chair of the meeting.

Motion:

That Council resolve to discuss the following as matters of urgent business:

1. The recent correspondence from the Rail Freight Alliance in regard to their policy document, so that a response can be provided in time for its consideration.

2. The Murray Basin (GHD) Report, in particular the Options suggested for the standardisation of the rail lines from the Mildura to the Ports so that Council can provide a timely response.

3. The alteration of School Bus Routes in order to support local residents in a timely fashion.

Moved: Cr Ellen White

Seconded: Cr Stuart McLean

Carried.

9.6.2

Rail Freight Alliance Policy Document (Cr Ellen White) (GR/17/01)

Motion:

That Council endorse the Rail Freight Alliance Policy Document, which outlines the policy positions of the Rail Freight Alliance and provides an advocacy platform that the membership can use to improve and develop the provision of transport infrastructure and related services.

Moved: Cr Ellen White

Seconded: Cr Stuart McLean

Carried.

9.6.3

Murray Basin (GHD) Report (Cr Ellen White) (WS/16/02)

Motion:

That Council writes to the Minister for Transport to advocate for Option 4 contained in the Murray Basin Report to be implemented as the preferred standardisation option for rail freight networks between Mildura and the Ports.

Moved: Cr Ellen White

Seconded: Cr Graeme Milne

Carried.

Cr Mather returned to the Council Chamber at 8.53pm and resumed the role of Chair.

9.6.4

School Bus Routes (Cr Ellen White) (TT/16/01)

Motion:

That Council write to the Minister for Transport, the Minister for Education, the North Western Regional Director for Education Jeanette Nagorcka with a copy to the Principal of the Wycheproof P-12 College and Mrs Tracey Forrester of Towaninnie about the following issues related to school bus routes:

Ø Council is concerned about the length of time a decision of school bus route alteration takes

Ø The Transport and Education Departments policy on school bus route alterations does not adequately consider rural students and isolated families

Ø They review the decision recently made about the alteration to a school bus route in Towaninnie.

Moved: Cr Ellen White

Seconded: Cr David Pollard

Carried.

10. MATTERS THAT MAY EXCLUDE THE PUBLIC

Nil

11. ANY OTHER BUSINESS

Nil

12. MEETING CLOSE

Meeting closed at 9.01pm.