Ordinary Council Meeting
Agenda
Wednesday 9 September 2015
Commencing at 7.00pm
Wycheproof Supper Room
367 Broadway, Wycheproof
John Hicks
Chief Executive Officer
Buloke Shire Council
Ordinary Council Meeting
Agenda
Wednesday 9 September 2015
Commencing at 7.00pm
Wycheproof Supper Room
367 Broadway, Wycheproof
John Hicks
Chief Executive Officer
Buloke Shire Council
Buloke Shire Council Ordinary Meeting Agenda Wednesday, 9 September 2015
1. COUNCIL WELCOME and statement of acknowledgement
WELCOME
The Mayor Cr Reid Mather will welcome all in attendance.
STATEMENT OF ACKNOWLEDGEMENT
The Mayor Cr Reid Mather will acknowledge the traditional owners of the land on which we are meeting and pay our respects to their Elders and to the Elders from other communities who maybe here today.
2. RECEIPT OF APOLOGIES
3. CONFIRMATION OF MINUTES OF PREVIOUS MEETING
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Recommendation: That Council adopt the Minutes of the Ordinary Meeting held on Wednesday, 12 August 2015. |
4. REQUESTS FOR LEAVE OF ABSENCE
5. DECLARATION of PECUNIARY AND conflictS of interest
In accordance with Sections 77A, 77B and 78 of the Local Government Act Councillors are required to disclose an "interest" in a decision if they would receive, or could be reasonably perceived as receiving a direct or indirect financial or non-financial benefit or detriment (other than as a voter, resident or ratepayer) from the decision.
Disclosure must occur immediately before the matter is considered or discussed.
6.1 Building Permits - Monthly Update
6.2 Report on Assemblies of Councillors
6.3 Planning Applications Received - Monthly Update
6.4 Council Approval for use of Council Seal
7.2.1 Funding Application for Wycheproof Swimming Pool Change room development
7.2.2 Funding Applications for Donald Archives Museum and Donald Caravan Park
7.2.3 Membership of the Municipal Association of Victoria
7.2.5 Special Council Meeting to Consider 2014/15 Financial Statements
7.2.6 Request from DELWP for the closure of section of Cope Cope Road, Donald
8....... REPORTS FROM COUNCILLORS
9.3 Questions from Councillors
9.5 Any Other Procedural Matter
10..... MATTERS THAT MAY EXCLUDE THE PUBLIC
NEXT MEETING
The next Ordinary Meeting of Council will be held in Wycheproof Supper Room, 367 Broadway, Wycheproof on Wednesday, 14 October 2015 at 7.00pm.
JOHN HICKS
CHIEF EXECUTIVE OFFICER
6. Procedural Items
6.1 Building Permits - Monthly Update
Author’s Title: Compliance Administration Officer
Department: Planning and Community Support File No: DB/14/02
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Nil |
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That Council notes information contained in the report on Building Permits approved by staff from 1 August 2015 to 31 August 2015.
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1. Executive Summary
This report provides information on Building Permits approved by staff from 1 August 2015 to 31 August 2015.
2. List of Building Permits Approved by Council Surveyor
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Permit No. |
Address |
Project Description |
Value |
Date Approved |
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20150051 |
941 Gretgrix Road, TEDDYWADDY WEST |
New Building: Dwelling |
$300,000 |
30/07/2015 |
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20150052 |
1771 Nullawil-Lalbert Road, WANGIE |
Remove Building: removal of weatherboard farm house |
$ 15,000 |
06/08/2015 |
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20150053 |
163 Mullins Road DONALD |
New Building: Shed |
$ 3,500 |
06/08/2015 |
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20150054 |
Mildura Way CHARLTON |
Other: Re-Bound Wall |
$ 6,500 |
06/08/2015 |
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20150057 |
2591 Calder Highway CHARLTON |
New building: Office & Weighbridge |
$ 85,000 |
06/08/2015 |
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20150058 |
153 Richards Road LITCHFIELD |
New Building; Broiler Sheds (6) |
$2,743,000 |
07/08/2015 |
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20150059 |
25 Watson Street CHARLTON |
Other: Amenities |
$ 72,680 |
13/08/2015 |
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20150060 |
Unit 37/22 Goodwin Village DONALD |
New Building: Dwelling & Garage |
$220,000 |
13/08/2015 |
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Permit No. |
Address |
Project Description |
Value |
Date Approved |
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20150061 |
4 Morrison Street BIRCHIP |
Other: 3 Unit development |
$515,000 |
20/08/2015 |
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20150062 |
138 High Street CHARLTON |
Re-stump: Re-stump dwelling |
$ 27,895 |
20/08/2015 |
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20150063 |
104 Horace St Sea Lake |
Demolition: Dwelling |
$ 22,600 |
20/08/2015 |
3. List of Building Permits Approved by Private Surveyors
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Permit No. |
Address |
Project Description |
Value |
Date Approved |
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20150055 |
2 Athol Court Donald |
New Building: Dwelling |
$ 59,800 |
14/07/2015 |
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20150056 |
33 Camp Street WYCHEPROOF |
Re-Stump: Restump part of dwelling |
$ 12,903 |
21/07/2015 |
6.2 Report on Assemblies of Councillors
Author’s Title: Executive Assistant
Department: Office of the CEO File No: GO/05/04
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1 Councillor Briefing 5 August 2015 Record 2 Councillor Briefing 19 August 2015 Record |
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That the Council notes the records of the Councillor Briefings held 5 and 19 August 2015 and Assembly of Councillors held 5 and 19 August 2015.
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1. Key Points/Issues
The Local Government Act 1989 (the Act) provides that a record must be kept of any meeting of Councillors and staff deemed to be an Assembly of Councillors as defined in the Act.
The Act also provides that the record of any Assembly of Councillors is to be reported to the next practicable Ordinary Meeting of Council and recorded in the Minutes.
A Record of the Councillor Briefings held 5 and 19 August 2015 and the Assembly of Councillors held 5 and 19 August 2015 is attached.
Buloke Shire Council Ordinary Meeting Agenda Wednesday, 9 September 2015
6.2 Report on Assemblies of Councillors
Attachment 1 Councillor Briefing 5 August 2015 Record
RECORD
Councillor Briefing
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Date and Time: |
5 August 2015 |
Time: 5.00pm |
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Location: |
Berriwillock Community Development Centre |
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Attendees: |
Cr Reid Mather – Mayor Cr Ellen White Cr David Pollard Cr Stuart McLean Cr Graeme Milne Cr Leo Tellefson
John Hicks –Chief Executive Officer Bill Hutcheson – Manager Finance Anthony Judd – Director of Works and Technical Services Ann Twyford –Manager Corporate Systems Lyndie Slade – Acting Manager Community Services Mark Remnant – Acting Manager Planning and Community Support |
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Apologies: |
Cr Gail Sharp |
ITEMS
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NO. |
TOPIC |
ACTION |
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1. |
Declarations of Conflicts of Interest |
Nil |
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2. |
Councillor Only Session |
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3. |
Presentations |
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3.1 |
Paul Hamilton (AFL Victoria) – Facility Plan (5.30pm) |
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3.2 |
Works and Technical Services – Swimming Pools Committees (5.50pm) |
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Dinner (6.15pm – 6.45pm) |
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3.2 |
Berriwillock Community Development Representatives (6.45pm) |
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4. |
Items for Discussion |
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4.1 |
2015 Community Satisfaction Survey |
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4.2 |
Roadside Vegetation Management |
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4.3 |
Draft Agenda for Ordinary Meeting to be held 12 August 2015 |
Cr Tellefson declared a conflict of interest in item 7.2.11 of the Ordinary Meeting Agenda and left the room at 8.30pm while the item was discussed. He returned at 8.35pm. |
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5. |
Councillor Matters |
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6. |
CEO Updates |
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Next Briefing:
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Date and Time: |
19 August 2015 |
Time: 5.00pm to 8.00pm |
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Location: |
Donald District Office (McCulloch Street) |
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Buloke Shire Council Ordinary Meeting Agenda Wednesday, 9 September 2015
6.2 Report on Assemblies of Councillors
Attachment 2 Councillor Briefing 19 August 2015 Record
RECORD
Councillor Briefing
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Date and Time: |
19 August 2015 |
Time: 5.00pm to 8.00pm |
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Location: |
Donald District Office (McCulloch Street) |
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Attendees: |
Cr Reid Mather – Mayor Cr Ellen White Cr David Pollard Cr Graeme Milne Cr Leo Tellefson
John Hicks –Chief Executive Officer Anthony Judd – Director of Works and Technical Services Lyndie Slade – Acting Manager Community Services Mark Remnant – Acting Manager Planning and Community Support |
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Apologies: |
Cr Gail Sharp Cr Stuart McLean |
ITEMS
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NO. |
TOPIC |
ACTION |
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1. |
Declarations of Conflicts of Interest |
Nil |
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2. |
Councillor Only Session |
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3. |
Presentations |
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3.1 |
NBN Briefing to Council by Elizabeth Simonetti 5.00pm |
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Dinner (6.15pm – 6.45pm) |
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3.2 |
Mal Kersting (Regional Director, VicRoads) (6.45pm) |
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4. |
Items for Discussion |
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4.1 |
Community Forum Summit Agenda (JH) |
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5. |
Councillor Matters |
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6. |
CEO Updates |
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Next Briefing:
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Date and Time: |
2 September 2015 |
Time: 5.00pm to 8.00pm |
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Location: |
Charlton District Office (High Street) |
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Buloke Shire Council Ordinary Meeting Agenda Wednesday, 9 September 2015
6.2 Report on Assemblies of Councillors
Attachment 3 Assembly of Councillors 5 August 2015 Berriwillock
RECORD
Assembly of Councillors
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Date and Time: |
5 August 2015 |
Time: 4.00pm to 5.00pm |
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Location: |
Township of Berriwillock |
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Attendees: |
Cr Reid Mather - Mayor Cr Leo Tellefson Cr Ellen White Cr David Pollard Cr Graeme Milne Cr Stuart McLean
John Hicks –Chief Executive Officer Mark Remnant – Community Development Officer Anthony Judd – Director of Works and Technical Services |
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Apologies: |
Cr Gail Sharp |
ITEMS
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NO. |
TOPIC |
ACTIONS |
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1. |
Conflicts of Interest |
Nil. |
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2. |
Meeting with representatives from Berriwillock Community Development Group (touring and inspecting Berriwillock township) |
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Buloke Shire Council Ordinary Meeting Agenda Wednesday, 9 September 2015
6.2 Report on Assemblies of Councillors
Attachment 4 Assembly of Councillors 19 August 2015 Donald
RECORD
Assembly of Councillors
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Date and Time: |
19 August 2015 |
Time: 4.00pm to 5.00pm |
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Location: |
Township of Donald |
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Attendees: |
Cr Reid Mather - Mayor Cr Leo Tellefson Cr Ellen White Cr David Pollard Cr Graeme Milne
John Hicks –Chief Executive Officer Mark Remnant – Community Development Officer Anthony Judd – Director of Works and Technical Services |
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Apologies: |
Cr Gail Sharp Cr Stuart McLean |
ITEMS
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NO. |
TOPIC |
ACTIONS |
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1. |
Conflicts of Interest |
Nil. |
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2. |
Meeting with representatives from Donald 2000 Inc (touring and inspecting Donald township) |
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6.3 Planning Applications Received - Monthly Update
Author’s Title: Planning Officer
Department: Planning and Community Support File No: LP/09/01
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Nil |
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That Council notes information contained in the report on planning applications under consideration by staff and the status of each of these applications. |
1. Executive Summary
This report advises provides information on planning applications under consideration by staff and the status of each of these applications.
2. List of Planning Applications
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Application No |
Applicant |
Address |
Date Rec |
Summary of Proposal |
Status |
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614/15 |
Shaun Ramsey |
Saits Road, Charlton |
26/06/15 |
Intensive Animal Husbandry (Free Range Chicken Farm) |
Referral |
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615/15 |
Buloke Shire Council |
22 Cumming Avenue, Birchip |
03/07/15 |
Three lot subdivision |
Referral |
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617/15 |
Craig Henderson |
2982 Warracknabeal-Birchip Road, Warmur |
10/07/15 |
Intensive Animal Husbandry (Free Range Chicken Farm) |
Referral |
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618/15 |
Buloke Shire Council |
56 Cumming Avenue, Birchip |
14/07/15 |
Two lot subdivision |
Referral |
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619/15 |
Gary Liersch |
Lot 11 Racecourse Road |
21/07/15 |
Use and development of Diesel Fuel Cell and building and works for a skillion |
Further Info Requested |
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620/15 |
Helen Bethune (Outdoor Steel) |
161 High Street, Charlton |
03/08/15 |
Building and works for a domestic storage shed. |
Further Info Requested
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621/15 |
GWM Water |
St Arnaud-Wycheproof Raod, Wooroonook |
31/07/15 |
Disturbance of native vegetation for fire fighting infrastructure |
Referral |
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622/15 |
Graeme Allen |
7 Jolly Street, Wycheproof |
23/07/15 |
Use and development of two dwellings and two lot subdivision |
Notice of application |
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623/15 |
Ian Richardson |
Yeungroon-Coonooer Road, Coonooer Bridge |
28/07/15 |
Use and development of a dwelling and associated outbuilding |
Further Info Requested |
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Application No |
Applicant |
Address |
Date Rec |
Summary of Proposal |
Status |
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624/15 |
Price Merrett Consulting |
463 Corack East-Chirrup Road, Corack East |
08/08/15 |
Two lot subdivison |
Notice of Application |
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625/15 |
Daniel Lane |
135 High Street, Charlton |
12/08/15 |
Building and works for a domestic storage shed |
Further Info Requested |
6.4 Council Approval for use of Council Seal
Author’s Title: Executive Assistant
Department: Office of the CEO File No: Nil
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Nil |
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That Council approval be granted to the Chief Executive Officer to affix the Council Seal to the agreement listed below.
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1. Executive Summary
Council approval is required for the use of the Council Seal for the agreement listed below. The agreement was a requirement of the planning approval granted under delegation as reported to Council at its meeting of 11 February 2015.
2. Properties Being Sold By Buloke Shire Council
Nil.
3. Properties Being Purchased By Buloke Shire Council
Nil.
4. Sale Of Land Pursuant To Section 181 Of The Local Government Act 1989
Nil.
5. Consultation (Internal/External)
Nil.
6. Agreements/Leases
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PROPERTY/PROJECT |
DATE |
EXTERNAL PERSON OR ORGANISATION AGREEMENT IS WITH |
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Agreement under Section 173 of the Planning and Environment Act 1987 Pty: Scrubbery Lane, Litchfield Crown Allotment 14A, Parish of Carron (Certificate of Title Volume 8989 Folio 770) |
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John Charles Foott and Mary Christina Foott of Litchfield
The agreement provides that Lot 1 and 2 will not be further subdivided so as to create a smaller lot for an existing dwelling.
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7.2 Management Reports
7.2.1 Funding Application for Wycheproof Swimming Pool Change room development
Author’s Title: Coordinator Community Facilities
Department: Works and Technical Services File No: CP/21/26
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Nil |
Relevance to Council Plan 2015 - 2019
Strategic Objective: Engaging with, and facilitatiing our community to identify and meet its needs
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That Council: 1. Submits a funding application for $200,000 under Sport and Recreation Victoria’s Community Sports and Infrastructure Fund for the redevelopment of the Wycheproof Swimming Pool change facilities, plant room and kiosk. 2. Considers an allocation of $250,000 matching funding in the development of the 2016/17 and 2017/18 capital budget.
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1. Executive Summary
The Wycheproof Swimming Pool change facilities and plant room are in an extremely poor state. This report is presented to Council for consideration of applying for a funding application to redevelop these facilities.
2. Discussion
In the recently adopted Buloke Aquatic Strategy, it identified the replacement of the Wycheproof Swimming Pool change facilities and plant room as a high and urgent priority. The condition of the current structure is poor and will need replacement in the next five years.
Council had previously applied for federal government funding for this project in 2013 from the Federal Government, but a change in government saw this offer of funding withdrawn.
Council has also recently applied for funding under the Federal Government National Stronger Regions Program for this project.
The recently released Sport and Recreation Victoria’s Community Sports and Infrastructure Fund provides a good opportunity to gain funding for this important project. Council has been successful in gaining funding from this program in the past, for the Sea Lake change facility redevelopment project.
An initial expression of Interest has been lodged under the Small Aquatic Programs stream of the funding program. If Sport and Recreation Victoria believe the project strongly meets the Fund’s criteria, Council will be invited to submit a funding application.
This project is a key priority project in Council’s forward capital works plan and has strong support from the Wycheproof community. Support letters for the project have been received from Wycheproof VISION, Wycheproof Pool Committee, Wycheproof P-12 School and Wycheproof Community Resource Centre.
If the funding submission is successful, construction of the project would commence at the conclusion of the 2016/17 pool season and run across the 2016/17 and 2017/18 financial years.
This project complements the recent investment into Charlton, Donald and Sea Lake pool change facilities.
3. Financial Implications
Council would be required to match the funding with $250,000 over two years. It is proposed that $125,000 would be contributed from both the 2016/17 and 2017/18 financial years.
4. Cost Shift Considerations
There are no cost shift considerations included in this report.
5. Community Consultation
A number of Wycheproof community groups have been consulted throughout the planning of this project over a number of years, with support letters already provided to Council. Staff have met with the Swimming Pool Advisory Committee to discuss the project
6. Internal Consultation
Senior management have been consulted in the preparation of this report.
7. Legislative / Policy Implications
The current Aquatic Strategy highlights the need for the building to be replaced due to its condition and lack of compliance with the Commonwealth Disability Discrimination Act 1992 (Equal Opportunity Act 2010 (Vic)) and Building Act 1993 (Vic).
8. Environmental Sustainability
The design of the new structure provides opportunity for future solar heating of the Wycheproof Swimming Pool.
9. Conflict of Interest Considerations
No staff member involves in preparing this report had a conflict of interest.
10. Conclusion
It is recommended Council submits an application to Sport and Recreation Victoria’s Community Sports and Infrastructure Fund for the redevelopment of the Wycheproof Swimming Pool change facility and plant room redevelopment. In doing so, Council will need to commit $250,000 from future capital budgets for the project, should funding be secured.
7.2.2 Funding Applications for Donald Archives Museum and Donald Caravan Park
Author’s Title: Coordinator Community Facilities
Department: Works and Technical Services File No: CP/22/05
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Nil |
Relevance to Council Plan 2015 - 2019
Strategic Objective: Supporting and enhancing our local economy
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That Council: 1. Submits an Expression of Interest to Regional Development Victoria’s Regional Jobs and Infrastructure Fund for upgrades to the Donald Caravan Park and Donald Archives Museum Upgrade 2. Considers providing
matching allocations of $21,750 for the Donald Caravan Park, and $11,250 for
the Donald Archives Museum, in the development of the 2016/17 capital budget. |
1. Executive Summary
Regional Development Victoria (RDV) has recently announced the Regional Jobs and Infrastructure Fund, which is open to all regional and rural Councils. The aim of the fund is to harness key regional strengths to improve the productivity and liveability of regional Victoria. The program has a ratio of $3 RDV to $1 Council.
Two key projects that fit the Fund’s criteria and are high priorities on Council’s Forward Capital Works Plan are upgrades at the Donald Caravan Park and the Donald Archives Museum.
2. Discussion
In preparation of a new lease of the Donald Caravan Park, staff have completed facility audits that have highlighted a number of opportunities for Council to improve the tourist facility.
The upgrade includes a new barbeque area/camp kitchen, upgrade of the toilet facilities, installation of compliant caravan power outlets, new entry gates and entry signage. The cost has been estimated at $87,000, with a matching Council contribution of $21,750 to be funded from the 2016/17 budget.
The roof at the Donald Archives Museum requires replacement and has been previously budgeted for replacement. This project was deferred, with funds redirected to other urgent works within the Museum. Since this time, the roof is still in poor condition and the Donald Historical Society and Natural History Group has lost a significant amount of storage for their historical records and artefacts. This upgrade includes replacement of the roof of the building and construction of an additional space at the rear of the building for storage of historical archives.
The cost of this upgrade has is estimated to be $45,000, with a matching Council contribution of $11,250 to be funded from the 2016/17 budget.
3. Financial Implications
These projects are high priorities and without funding Council may be required to complete all works with its own funds. The matching component of $33,000 for these two projects would be considered as part of the 2016/17 budget deliberations.
4. Cost Shift Considerations
There are no cost shift implications.
5. Community Consultation
Council officers have met with the Donald Historical Society and Natural History Group and Donald Caravan Park lessee who are supportive of the projects
6. Internal Consultation
The Senior Management Team has been consulted regarding this report.
7. Legislative / Policy Implications
Council must, in the short to medium term, organise registration of the Donald Caravan Park in line with the Residential Tenancies (Caravan Parks and Moveable dwellings Registration and Standards) Regulations 2010. Works as indicated in this report, along with other works not included, are required to be conducted before registration can be finalised.
8. Environmental Sustainability
Any works associated with this report will take into account environmental impact and include environmentally sustainable design initiatives wherever possible.
9. Conflict of Interest Considerations
No staff member involved in the preparation of this report has a conflict of interest.
10. Conclusion
It is recommended that Council applies for funding for upgrades to the Donald Caravan Park and Donald Archives Museum and considers matching allocations in the development of the 2016/17 capital budget.
7.2.3 Membership of the Municipal Association of Victoria
Author’s Title: Chief Executive Officer
Department: Office of the CEO File No: xxx
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Nil |
Relevance to Council Plan 2015 - 2019
Strategic Objective: Influencing governments to improve liveability for rural communities
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That Council considers
membership of the Municipal Association of Victoria. |
1. Executive Summary
Council is currently a member of the Municipal Association of Victoria (MAV) but has been disappointed with the lack of responsiveness and the services provided by that organisation. Council needs to decide whether to remain in the MAV and work to improve the benefits received from it, or to leave the Association.
2. Discussion
The MAV provides a range of services to its member organisations and the Shire of Buloke currently benefits from the following activities of the MAV:
· Insurance services that have been competitive and remove a level of administrative cost from Council. To manage this ourselves would require increased staffing resources and skills. We will be reviewing insurance as one of our service reviews in 2015/16.
· The ongoing STEP Asset Management Program which we have used to develop our asset management processes and systems.
· Access to the Local Government Funding vehicle whereby Council has taken out a low interest $7 million loan for its recent financial restructure.
· Regular updates on Emergency Management, including relevant conferences and training materials.
· Submission into relevant reform reviews such as the Flood Management Review, Rate Capping etc.
· Advocacy on specific issues including violence against women, weed and pest control, local government legislation (soon to be a major item of work).
· The MAV Human Resources Benchmarking Survey.
· Future access to work-care self-insurance scheme.
· Networking with other Councils at both Councillor and Officer level.
· Information on relevant legislative changes, funding opportunities and advocacy campaigns.
The MAV also provides linkages to government and the sector on developments and policy initiatives. It is frequently used by the State Government to communicate and co-ordinate with Councils and the sector.
On the other hand, the performance of the MAV has been deeply disappointing on a range of matters including its response to the recent audit by Victorian Auditor General and a general lack of response to our discussion with the CEO of MAV and staff. Assistance for our Rural Living Campaign directly by the MAV and indirectly via Rural Councils Victoria has been minimal. There is also an inherent conflict that arises when the MAV purports to represent all municipalities but the member councils have a diversity of interests.
3. Financial Implications
Membership of the MAV costs Council $10,660 p.a. It is hard to put a value on the benefits received but these would probably exceed the cost because Council would need additional assistance for insurance, the STEP program would cost more because it is has been delivered as part of a larger program, additional time would be required to represent the Shire individually on specific matters and networking is important for small remote shires such as ourselves.
Membership of the MAV for 2015/16 is included in the budget.
4. Cost Shift Considerations
Membership of the MAV does not involve any cost shift
5. Community Consultation
Nil
6. Internal Consultation
Senior Management Team were consulted in regard to departmental use of MAV services.
7. Legislative / Policy Implications
Nil
8. Environmental Sustainability
Nil
9. Conflict of Interest Considerations
No officer involved in the preparation of this report has a conflict of interest.
10. Conclusion
Council needs to decide whether to remain or withdraw from membership of the MAV so that services can be accessed or Council withdraws.
7.2.4 Permission to Seek Adoption from the Minister for Planning Scheme Amendment C29 - Rezoning of 4 - 8 Menzies Street, Charlton
Author’s Title: Manager Planning and Community Support
Department: Planning and Community Support File No: LP/09/10
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Nil |
Relevance to Council Plan 2015 - 2019
Strategic Objective: Engaging with, and facilitatiing our community to identify and meet its needs
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That Council: 1. Adopts proposed planning scheme amendment C29
2. Seeks adoption from the Minister for Planning of planning scheme amendment C29.
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1. Executive Summary
Following a rezoning request from East Wimmera Health Services, Council authorised proposed planning scheme amendment C29. Ministerial authorisation A03129 was then granted and the proposed amendment was exhibited. It is now requested that Council approves the proposed amendment C29 and requests adoption of the amendment from the Minister.
2. Discussion
A request was received for the rezoning of 4-8 Menzies Street, Charlton from East Wimmera Health Services from Public Use Zone to Township Zone.
At the July 2015 Ordinary Council meeting, Council decided to seek authorisation from the Minister to prepare the planning scheme amendment C29.
Authorisation A03129 to prepare the proposed amendment was received from the Department of Environment, Land, Water and Planning on the 23 July 2015 subject to several conditions.
Exhibition of the proposed amendment was carried out for the required 28 days and was finalised on Wednesday 26 August 2015. Exhibition included:
- Notice in the Government Gazette
- Notice in the North central News
- Notification to all adjoining properties
- Notice to referral authorities and relevant prescribed Ministers
No objection or concerns were raised in relation to the proposed amendment.
It is now requested that Council approves planning scheme amendment C29 and seeks Ministerial approval for the proposed amendment.
3. Financial Implications
The proposed amendment was requested by the East Wimmera Health Service and as such all costs are borne by the applicant.
4. Cost Shift Considerations
No cost shift considerations.
5. Community Consultation
The proposed planning scheme was advertised in accordance with the requirements of the Act including all neighbouring properties receiving a letter and advertisements in the North Central News and Government Gazette.
6. Internal Consultation
No internal consultation was undertaken.
7. Legislative / Policy Implications
The planning scheme amendment process has been carried out in accordance with the Planning and Environment Act 1987.
8. Environmental Sustainability
No environmental sustainability considerations.
9. Conflict of Interest Considerations
No officer involved in the preparation of this report has a conflict of interest.
10. Conclusion
It is recommended that Council approves proposed amendment C29 and seeks adoption of planning scheme amendment C29 for the rezoning of 4-8 Menzies Street, Charlton.
7.2.5 Special Council Meeting to Consider 2014/15 Financial Statements
Author’s Title: Finance Manager
Department: Finance File No: AAC8
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Nil |
Relevance to Council Plan 2015 - 2019
Strategic Objective: Delivering our services in a financially sustainable way
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That Council hold a Special Council Meeting on Wednesday 16 September 2015 commencing at 7.00pm in the Wycheproof Supper Room to consider the Financial Statements, Standard Statements and Performance Statement for the 2014/15 Financial Year and to nominate the Councillors to certify the Statements prior to submitting the Statements to the Victorian Auditor General’s Office for approval. |
1. Executive Summary
As part of its legislative requirement under the Local Government Act 1989, Council is required to nominate 2 Councillors to certify the Financial Statements, Standard Statements and Performance Statement for the 2014/15 Financial Year prior to submitting the Statements to the Victorian Auditor General’s Office for approval.
As part of the process, these statements are reviewed by Council’s Audit Advisory Committee and any input they may have is provided to Council. The Audit Advisory Committee will be meeting at 4.30pm on 16 September 2015 and therefore the proposed special meeting date is the earliest at which Council can receive feedback from this committee.
2. Financial Implications
Not Applicable
3. Cost Shift Considerations
Not Applicable
4. Community Consultation
The Special Council Meeting will be advertised in line with Council’s Meeting Procedures and Common Seal Local Law.
5. Internal Consultation
Not applicable
6. Legislative / Policy Implications
The calling of this Special Council Meeting allows Council to meet its requirements under Section 132 (2) of the Local Government Act 1989.
7. Environmental Sustainability
Not Applicable
8. Conflict of Interest Considerations
No officer involved in the preparation of this report has a conflict of interest.
9. Conclusion
The calling of this Special Council Meeting allows Council to meet its legislative requirement and to make an informed decision regarding the Financial Statements, Standard Statements and Performance Statement for the 2014/15 Financial Year.
7.2.6 Request
from DELWP for the closure of section of Cope Cope Road, Donald
Author’s Title: Director Works and Technical Services
Department: Works and Technical Services File No: RO/21/10
Relevance to Council Plan 2015 - 2019
Strategic Objective: Supporting and enhancing our local economy
|
That Council: 1.
Gives agreement to the request from Department of Environment,
Land, Water & Planning (DELWP) for the closure of a section of Cope Cope
Road, Donald. 2. Publishes the formal closure notice of Cope Cope Road, Donald in local papers and the Government Gazette.
3. Commences discussions with VicTrack and VicRoads to improve the safety of the intersection. |
1. Executive Summary
This report is presented to Council to make a decision on the request from the Department of Environment, Land, Water and Planning (DELWP) for the closure of a section of Cope Cope Road, Donald.
2. Discussion
Council received a letter from DELWP requesting agreement to discontinue and sell the section of Cope Cope Road, Donald adjoining properties Lot 2TP98403 and railway reserve. The adjoining land owner has applied to DELWP to purchase the road. DELWP requires consent from Council before a road can be closed and dealt with under the Local Government Act 1989.
The section of the road is listed in Council’s Road Register. Currently Council is maintaining the earth formed road, which is approximately 0.935 km in length.
The applicant intends on constructing a grain outloading facility directly onto the rail. A planning permit for this development has been granted by Council.
Regarding the application to close and purchase the road, it was resolved at Ordinary Meeting held on 13 May 2015 that the Council:
· Commences the statutory procedures pursuant to Section 206 Clause 3 of Schedule 10 of the Local Government Act 1989 (the Act) for the proposed section of Cope Cope Road reserve discontinuance (as shown on attached plan), and the planned sale of that section by the Department of Environment, Land, Water & Planning (DELWP) and invites submissions on the discontinuance.
· Writes to land owners adjoining the road reserve advising them of the proposed discontinuance and sale of the section by DELWP and invites them to make a submission on the matter.
· Considers any submissions received in accord with the provisions of s223 of the Local Government Act 1989
· After completion of the actions above, considers its response to the DELWP request for agreement to discontinue the road.
Advertisements for the proposed closure were published in the local papers, Governments Gazette, and letters were sent directly to adjoining land owners informing them of the opportunity to make submission.
Two objection letters to the closure were received. Staff have met with both objectors on site ensure the grounds of the objection were clear and well-understood.
The objections made the following key points:
· Disputed the assertion by staff that the proposed closure wouldn’t have an impact on the community;
· The road has been used for many years when transporting large equipment and stock between the Donald South Road and the Donald-Avon Plains Road;
· That turning south from the Donald South Road onto the Sunraysia Highway is dangerous because of blind spots;
· The intersection is further complicated by the rail crossing across the Donald South Road;
· Moving large machinery along the Sunraysia Highway is restricted due to the large banks on both sides of the road.
Council’s consulting engineer undertook a survey and analysis of the intersection at the Donald South Road and Sunraysia Highway, which is attached to the report. The report assesses the intersection against the Austroads ‘Guide to Road Design Part 4A – Signalised and Unsignalised Intersections’, which sets out the safe intersection sight distance requirements for intersections.
The guide outlines the following safe intersection sight distance (SISD) requirements for a 100km/h speed environment:
· SISD (absolute minimum) = 234m
· SISD (desirable minimum) = 262m
The table below outlines the results of the field surveys testing sight distance to the south from a height of 1.1m (typical car drivers eye height).
|
Offset from Road Edge |
Measured Sight Distance |
Does this satisfy Austroads SISD Criteria? |
|
3m |
332m |
Yes |
|
5m |
270m |
Yes |
The field tests clearly demonstrate that the current intersection arrangement provides for sight distances greater than the Austroads ‘desirable minimum sight distance’.
The analysis concluded:
· The measured sight distance along Sunraysia Hwy to the north clearly satisfies the Austroads requirements for Safe Intersection Sight Distance.
· The measured sight distance along Sunraysia Hwy to the south clearly satisfies the Austroads requirements for Safe Intersection Sight Distance.
· The available sight distance from the propped position west of the rail line can be readily improved by lowering/reshaping the earth embankment between the Sunraysia Hwy and the rail line south of Donald South Rd.
Following the August Council meeting, staff held further meetings with the objectors to ascertain the number of movements along the road, outline alternative routes and explore other options to find a resolution. The outcomes of these discussions and investigations included:
· One objector explained that they used the section of Cope Cope Road between 2-6 times per year. Since they now have a better understanding of the proposed development, that objector is willing to use an alternate route for those movements.
· The other objector outlined that heavy vehicle and stock movements may occur up to 25 times per year.
· Both objectors had sighted the sight distance test analysis but felt that the Sunraysia Highway and Donald South of Road intersection required safety improvements.
· The Sunraysia Highway is an alternate route that adds no additional time and distance to transporting movements if the proposed section of Cope Cope Road is closed.
· If farmers did not wish to utilise the Sunraysia Highway, an alternate route exists along the Donald Avon Plains Road and Laen-Cope Cope Road (through the low water crossing). This adds 3.71km to the journey.
Staff also met with the developer, who outlined that it was open to meeting with the objectors to discuss other arrangements. At this stage, no meeting has been held between the objector and developer.
Given the above analysis and the consideration that appropriate alternatives exist in such close proximity (the Sunraysia Highway), the recommendation is to give agreement to DELWP to close and sell the road.
As outlined in the conclusion of the engineers report, this does provide an opportunity for Council to work with VicRoads and Victrack to improve the safety of the intersection. A large number of heavy vehicles already use the intersection since the upgrade of the Donald South Road and if sight distances can be further improved by a range of minor works, these should be explored.
3. Financial Implications
There are no financial implications in this report.
4. Cost Shift Considerations
The closure of lanes in metropolitan municipalities sees Councils close and sell the lanes themselves and retain the proceeds from the sale. In the rural areas Councils are required to close the roads to enable the sale to occur but the Victorian government sells the land and retains the proceeds of the sale of the Crown Land. There is still a benefit to Council from the reduction in maintenance liability and the benefit that accrues to its rate paying landowner, however this does not include the purchase proceeds.
Council will write to DELWP to seek reimbursement of costs associated with the process of closing the road.
5. Community Consultation
Council have called for submissions through advertisements placed in the local paper and the Government Gazette, and written to adjoining and local land owners.
Staff have met with the two objectors on-site to ensure the grounds of the objections were clear and that they would be addressed in the recommendations.
Further meetings were held with the two objectors in August in order to clarify alternative routes available and facilitate in formal agreement between the developer and the objectors.
6. Internal Consultation
Staff have completed an internal review, including on-site inspections.
7. Legislative / Policy Implications
Local Government Act 1989
Road Management Act 2004
Land Act 1958
Crown Land (Reserves) Act.
8. Environmental Sustainability
There is no environmental impact from this report.
9. Conflict of Interest Considerations
No staff member involved in the preparation of this report has a conflict of interest.
10. Conclusion
The findings of the investigation into the request to close a section of Cope Cope Road, Donald, have found that:
· The sight distances at the Sunraysia Highway and Donald South Road intersection exceeds the minimum standards set by Austroads.
· Alternate routes exist for the objectors, including access directly onto the Sunraysia Highway or via the Donald Avon Plains Road and Laen-Cope Cope Road (over the ford).
The recommendation is that Council give agreement to the request and advise the objectors of the decision.
Buloke Shire Council Ordinary Meeting Agenda Wednesday, 9 September 2015
7.2.6 Request from DELWP for the closure of section of Cope Cope Road, Donald
Attachment 1 Objection Letter (1)
Buloke Shire Council Ordinary Meeting Agenda Wednesday, 9 September 2015
7.2.6 Request from DELWP for the closure of section of Cope Cope Road, Donald
Attachment 2 Objection Letter (2)
Buloke Shire Council Ordinary Meeting Agenda Wednesday, 9 September 2015
7.2.6 Request from DELWP for the closure of section of Cope Cope Road, Donald
Attachment 3 Sight Distance Test Analysis
Buloke Shire Council Ordinary Meeting Agenda Wednesday, 9 September 2015
7.2.6 Request from DELWP for the closure of section of Cope Cope Road, Donald
Attachment 4 Cope Cope Road Photos
Buloke Shire Council Ordinary Meeting Agenda Wednesday, 9 September 2015
7.2.6 Request from DELWP for the closure of section of Cope Cope Road, Donald
Attachment 5 Cope Cope Road Map
8. REPORTS FROM COUNCILLORS
