Agenda of Ordinary Meeting

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

7. Procedural Items

7.1 Application for Permit to keep excess number of animals at 36 Cave street, Donald.

Author’s Title: Compliance Team Leader

Department: Planning and Community Support File No: LA/08/06

Attachments:

1 Application for permit

2 Letter of objection

3 Letters of support

sas

RECOMMENDATION

That Council:

1. Refuses the application for a permit under Council’s Community Local Law No. 10 Clause 14(1) to keep two (2) extra dogs and three (3) extra cats at 36 Cave Street, Donald.

2. Issues a Notice to Comply to the permit holder to reduce the number of dogs and cats on the property to the number permitted under the Community Local Law No.10 within 60 days of being notified of Council’s decision.

3. Determines, pursuant to clause 14 of Local Law No 10, only two (2) cats and two (2) dogs may be kept at 36 Cave Street, Donald.

1. Executive Summary

Council has received a Local Laws application for a permit to allow the keeping of two (2)
extra dogs and three (3) extra cats on the property located at 36 Cave Street, Donald.

2. Discussion

The applicant requests an exemption from Council’s Local Law No. 10, Clause 14(1) to keep two (2) extra dogs and three (3) extra cats on the property located at 36 Cave Street, Donald. The applicant states that she operates as an animal rescue and rehousing service for the residents of Donald.

The applicant has supplied six (6) letters of support from other members of the public to support her application including a submission from her daughter. Only one (1) of these letters of support are from a resident living near the applicant who may be impacted by the keeping of extra animals at the property (refer attachments).

The applicant resides at the property located at 36 Cave Street, Donald. According to Council’s registration database four (4) dogs and five (5) cats are currently registered to that address.

Councils Compliance Officer visited the property on the 22 January 2016 in response to a Customer Service Complaint regarding noise from a rooster, at this time the Officer found that the applicant was also keeping approximately twenty (20) chickens, a rooster and, seven (7) other cats and dogs at the address. A check of Council records show that only two (2) animals were registered to the address on the day that the Officer visited the property.

Over a period of time the applicant has acquired the extra animals and has not taken steps to register the animals nor apply for a Local Law Permit to keep extra animals at the address until detected.

Council’s Compliance Officer has spoken to the applicant on several occasions over a number of years and is of the opinion that the applicant is well aware of her responsibilities in respect to the keeping of animals at her address.

Compliance Officers are not aware of any Section 84Y Agreement being issued pursuant to the provisions of the Domestic Animals Act 1994 to the applicant to allow her to operate a rescue/rehousing facility.

It is intended that Council will assist with the rehoming of the excess animals through existing arrangements with rehoming bodies and that the owner be granted 60 days instead of the usual 30 days to reduce the number of animals from the property.

3. Financial Implications

Nil

4. Cost Shift Considerations

Nil

5. Community Consultation

Following community consultation Council has received one (1) signed objection from a landowner/resident who states that they are already experiencing issues with animals from the applicant’s address.

In particular the objector has current issues with cats being allowed to wander at large and defecate and urinate on their property. The objector has also stated that the dogs being kept at the property bark and howl when the applicant leaves the property.

The objector feels that they would be impacted by the keeping of additional animals and therefore it is inappropriate to grant the permit and that it would interfere with the general amenity of the area. (Refer attachment)

6. Internal Consultation

Nil

7. Legislative / Policy Implications

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

8. Environmental Sustainability

Nil

9. Conflict of Interest Considerations

No officer involved in the preparation of this report had a conflict of interest.

10. Conclusion

That Council refuse the application to grant a permit under Council’s Community Local Law No. 10 Clause 14(1) to keep two (2) extra dogs and three (3) extra cats at the address of 36 Cave Street, Donald.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

7.3 Report on Assemblies of Councillors

Attachment 1 Councillor Briefing Record 1 June 2016

BULOKE SHIRE COUNCIL

RECORD

Councillor Briefing

Date and Time:

1 June 2016

Time: 5.00pm to 9.00pm

Location:

Birchip District Office (Cumming Avenue, Birchip)

Attendees:

Cr Reid Mather – Mayor

Cr Ellen White

Cr David Pollard

Cr Stuart McLean

Cr Gail Sharp (left at 7:30pm)

Cr Graeme Milne

Cr Leo Tellefson

John Hicks –Chief Executive Officer

Bill Hutcheson – Director Corporate Services

Anthony Judd – Director of Works and Technical Services

Bill Keane – Manager Community Services

Jessie Holmes – Manager Planning and Community Support

Travis Fitzgibbon- Media and Communications Officer

Apologies:

ITEMS

NO.	TOPIC		ACTIONS
1.	Declarations of Conflicts of Interest		Nil
2.	Councillor Only Session 5:00 – 5:30
3.	Stephen Roche Municipal Monitor (5:30pm- 5:45pm)
4.	Presentations
	4.1	Corporate Systems – Venue Bookings (5.45pm-6.00pm)
	4.2 Councillor Induction Program 2016 - CEO (6.00pm-6.15pm) Dinner (6.15pm-6.45pm)
	4.3 Birchip Forum Presentation Josh Richmond (6.45pm-7.00pm)
	4.4 Service Review Economic Development MP&CD
	4.5 Service Review Swimming Pools DW&TS
5.	Items for Discussion
	5.1	Economic Development Strategy
	5.2	Draft 8 June Ordinary Meeting Agenda
6.	Councillor Matters
7.	CEO Updates

Next Briefing:

Date and Time:	15 June 2016	Time: 3.00pm to 6.00pm
Location:	Wycheproof Supper Room (367 Broadway, Wycheproof)

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

7.3 Report on Assemblies of Councillors

Attachment 2 Councillor Briefing Record 15 June 2016

BULOKE SHIRE COUNCIL

RECORD

Councillor Briefing

Date and Time:

15 June 2016

Time: 3.00pm to 6.00pm

Location:

Wycheproof Supper Room (367 Broadway, Wycheproof)

Attendees:

Cr Reid Mather – Mayor

Cr Ellen White

Cr David Pollard (departed at 4:50pm)

Cr Stuart McLean

Cr Graeme Milne (departed at 4:50pm)

Cr Leo Tellefson

John Hicks –Chief Executive Officer

Bill Hutcheson – Director Corporate Services

Anthony Judd – Director of Works and Technical Services

Lyndie Slade – Acting Manager Community Services

Jessie Holmes – Manager Planning and Community Support

Travis Fitzgibbon- Media and Communications Officer

Apologies:

Cr Gail Sharp

ITEMS

NO.	TOPIC		ACTIONS
1.	Declarations of Conflicts of Interest		Nil
2.	Councillor Only Session
3.	Presentations
	3.1	Emergency Management Amendment Bill – Warren Hemopo (3.30pm)
	3.2	Loddon Mallee Waste and Resource Recovery Implementation Plan Karen Fazzani, Melanie Bell, Rob Carolane (4.00pm)
	3.3	Charlton Community Forum John Harley (4.30pm)
4.	Items for Discussion
	4.1	Volunteer Action Plan MP & CD	Attachment
	4.2	Evaluation of Grant Performance DW&TS	Attachment
	4.3	Customer Satisfaction Survey DCS	Attachments (2)
	4.4	Birchip Early Years Centre MP & CD	Attachments (2)
5.	Councillor Matters
6.	CEO Updates 6.1 DCP Options
	6.2 Wooroonook Lake Committee of Management
	6.3 Sea Lake Office

Next Briefing:

Date and Time:	6 July 2016	Time: 5.00pm to 8.00pm
Location:	Culgoa

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

7.4 Correspondence Initiated by Council

Author’s Title: Acting Executive Assistant

Department: Office of the CEO File No: GO/06/09

Attachments:

Nil

RECOMMENDATION

That Council considers the record of correspondence sent and responses received.

Table of correspondence

Council Initiative	Correspondence sent to	Date sent	Date of response	Summary of response
Rural Living	Email to Federal Minister for Local Government, Paul Fletcher re meeting to discuss RL	24.03.16	TBA	On hold until after Federal Election
Rural Living	Email to Shadow Federal Minister for Local Government, Julie Collins re meeting to discuss RL	24.03.16	TBA	On hold until after Federal Election
Drought Communities Program	Letter to Minister for Regional Development, Fiona Nash to request Buloke as Declared Council for eligibility for the program	21.04.16	13.05.16	Request granted and Council eligible to seek funding up to $1.5 million
Cuts to Commonwealth Road Funding	Commonwealth Ministers for Local Government and for Infrastructure and Transport	23.05.16	3.06.16	Response from Department noting the Ministers cannot respond during the Federal Election caretaker period.
Appreciation of base funding being provided to Kindergartens	Victorian Minister for Families and Children	13.05.16	No response requested
GrainCorp Site Upgrades- Regeneration Project	GrainCorp Managing Director and CEO Mr Mark Palmquist	06.07.16

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.2 Management Reports

8.2.1 Impacts arising from Maitreya Festival 2016

Author’s Title: Chief Executive Officer

Department: Office of the CEO File No: xxx

Attachments:

Nil

Relevance to Council Plan 2015 - 2019

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

RECOMMENDATION

That Council notes the impacts arising from the Maitreya Festival in 2016.

1. Executive Summary

The promoter of the Maitreya Festival (the Festival), Lachlan Bell and MAMF, failed to obtain Council’s permission to use land at Wooroonook Lakes (the Lakes) for its music festival, Maitreya, in 2016. It also failed to obtain a planning permit for the festival to proceed. Despite the lack of a legal basis for the festival, the promoter continued to act as though the festival would occur resulting in a range of impacts upon the site, the community, public safety and Council’s finances. This report sets out these impacts to the extent known at this time.

2. Discussion

Council worked with the promoter of the Festival from April 2015 until February 2016 in order to facilitate its desire to hold a 15,000 person event at the Lakes in March 2016. Such an event would be lucrative for the promoter and would also benefit the Charlton and District community by fee-for-service payments to local community and sporting groups. Despite considerable work undertaken, mainly by the Planning and Community Support Department, the promoter failed to provide a range of critical documents related to the risks posed by the event. In the end, Council officers were forced to recommend that Council refuse the use of the land for the Festival and that it also refuse the planning permit for the Festival. Council adopted these recommendations.

This followed a similar but much smaller event held in 2015 at the same venue. In that instance, the promoter produced the necessary documentation and permission was granted. When the Festival was held, however, the promoter undertook works without a permit and breached its permit condition on a number of matters including the number of people attending the event and not providing on-site attendance by Ambulance Victoria. Consequently, the promoter was required to provide an application at an earlier date (September 2015) in order to give it the chance to address issues properly for the proposed event in 2016.

An application was received at the end of August, but this did not include much of the information necessary to enable the application to be assessed. Council officers worked with the promoter to ensure it was made aware of the risk management requirements but the promoter refused to provide the relevant information. Council continued to work to get the relevant information from the promoter but was eventually forced to consider the application at its last meeting prior to the proposed bump-in date for the Festival on the basis of the latest information available. This was insufficient to enable Council to either approve the use of the land or to approve a planning permit. Council refused both the use of the land and the planning permit.

The promoter took Council to the Victorian Civil and Administrative Tribunal to seek to have the planning permit refusal overturned but was unsuccessful. At the same time it started work without permission at the Lakes and continued to sell tickets to the event. Council was forced to go back to VCAT to obtain enforcement orders to prevent the promoter continuing to occupy the site and hold the event illegally. These orders were obtained but the promoter continued to proceed regardless.

Given the constraints imposed by the illegality of its activities, the promoter finally abandoned its efforts to hold an illegal festival in the week just prior to the proposed event. Because of this late cancellation, many people turned up for the festival despite the fact that no event was being held. Many others stopped at Charlton and spent the weekend there.

The impact of the promoter’s failure to undertake the necessary work to run the Festival and then to persist with actions to hold an illegal festival are as follows:

i. The Site:

Considerable illegal works have been undertaken at the Lakes. These included cutting and removal of trees, destruction of undergrowth, erection of structures without building permits, a treehouse, construction of toilets too close to the lake, excavating gravel sumps, erection of hoardings and fences, installation of numerous poles and ongoing alienation of areas of the site for months without a permit. Much of this work occurred without any approvals, after Council refused the use the land and the planning permit, and the rest occurred after the imposition of VCAT Enforcement orders banning this work.

The VCAT Enforcement Orders awarded on 4 March 2016, required the promoter to cease and not recommence constructing any building, or constructing or carrying out any works on the Land in association with the use of the land for the purposes of a Place of Assembly (including a music and arts festival), Store or other innominate use. Regardless of this order the promoter continued to work on the site.

The orders also required the promoter to Within 14 days of the date of this order the Respondents must:

· remove from the Land all materials, shipping containers and other structures on the Land that were brought onto the Land by or on behalf of the Respondents; and

· undertake any necessary remediation works to the satisfaction of the responsible authority.

Despite this order the materials, shipping containers and other structures remained and continued to be worked on by the promoter who also refused to commence any remediation works. The site remained alienated from the use of the public for another three months before the promoter finally removed its materials and containers and left the site. Some of the structures still remain and will be removed by Council.

Council had a report prepared prior to the proposed date for the Festival by an environmental consultant, Biosys. This company has provided a further report following the vacating of the site which forms the basis for remediation work.

Remediation of the site to Council’s satisfaction can now occur and can be charged to the cost of the promoter, however, it is important to recognise that the promoter’s capacity to pay could be severely limited given ongoing demand for repayment by ticket holders.

ii. The Community:

The major impact of the promoter’s failure to obtain Council permission to use the site and also to obtain a planning permit for the Festival has been its effect on the local community. A large number of community and sporting groups within Charlton and district had already factored into their budgets receipt of payments for services from the promoter, following the previous year’s festival. And very significantly, a large number of businesses in Charlton and district had purchased stock in expectation of sales across the Festival period.

These groups and businesses realised a shortage of income and real losses resulting from the Festival not happening. There are always risks associated with such a Festival proceeding, however it is doubtful that anyone in the community would have expected the promoter to so comprehensively refuse to provide the information necessary to process its application for use of the land and the granting of a planning permit.

The result of the Festival not proceeding has been to divide the community within Charlton and to alienate Council from many of its constituents. This perception has arisen despite Council simply acting to prevent the likelihood of even more severe losses to not just Charlton and district but the entire Buloke community. This effect cannot be quantified but requires a concerted effort by Council and the community to work together to re-establish fractured relationships.

iii. Public Safety:

The impact on public safety of the failure of the Festival to proceed has also been significant. These impacts range across a variety of items including:

· Occupation of the Site: Activities have been pursued by the promoter at the site including the erection of structures, fences, tents, toilets and tracks without approval, supervision or compliance with standards. The hazards produced by this activity are unknown but significant. These items were used by the public and any processes or management of them has been haphazard and undocumented.

· Proximity of Toilets to Lake: A number of toilets were located too close to the lake and could have fouled any swimming or other water activities undertaken, as well as polluting the lake. It was noted that the lake was used for bathing by some people across the weekend of the cancelled festival.

· Threats and Intimidation by Promoter: On a number of occasions Council staff and other public servants (e.g. Aboriginal Affairs Victoria) visited the site and were threatened and abused by the promoter and its employees. It is understood this is likely to have occurred to any visitors to the site. Despite this being public land, the promoter and its employees typically surrounded visitors and discouraged them from remaining on-site. This has seen the illegal alienation of significant public land for a four month period and has represented a significant threat to public safety

· Threats to Council Staff: The promoter and the public have also threatened Council staff by email on numerous occasions. These threats have included threats of violence but have more typically denigrated staff or threatened to cause them personal or professional loss. On occasions these have been reported to the Police. The impact of these threats on safety is particularly insidious and difficult to deal with. It includes ongoing personal affects with consequent reduction in regard for the perpetrators and those they represent.

· Lack of Insurance: Council minimised its exposure to any impacts that could have occurred at the site by not approving the use of the land and refusing the planning permit. It does have a residual risk, however, from use of the land without permits by the promoter but this will have been vastly reduced by the promoter having recently vacated the site.

· Hazards to Festival Goers: Even though the Festival was cancelled, the promoter was still on site and some people did attend the Lakes, even though no festival was held. Fortunately no injuries or losses seem to have been sustained.

These hazards should be seen within the context of the public safety aspects that have been ameliorated in comparison to the Festival having proceeded without the relevant documentation. These could have included possible lack of ambulance services, hygiene control, overcrowding of the site, lack of insurance, exposure of the Council to liability for outcomes of the festival (personal injury, financial losses etc.) and destruction of cultural heritage.

iv. Council’s Finances:

There have been a range of financial impacts to Council resulting from the failure of the Festival to proceed, including:

· Legal Fees for VCAT Proceedings: Council incurred legal costs for defending its decision on the Planning Permit for the Festival from an appeal by the promoter. The legal costs incurred were $63,050 with recovery possible against a total amount of $41,132. Council then requested the Tribunal to award costs against the promoter and obtained the maximum normally awarded in this type of action $29,115. It is important to note that the Tribunal noted Council had acted in the manner expected of a responsible authority.

· Follow-up Report from Biosys: Council obtained an additional report from Biosys such that it can undertake remedial works to the Lakes. This report cost $3,500. Costs of remediation will be charged to the account of the promoter in line with the determination of the Tribunal.

· Compilation of Evidence by Investigator: An investigator was employed by Council to compile a brief of evidence to launch proceedings against the promoter for its many breaches of the Planning and Environment Act and to ascertain if any other breaches might be worth pursuing to prevent this event happening again (either at the Lakes or elsewhere) and to reimburse Council for its losses. The report cost $5,800 and the breaches identified are likely to see fines paid to Council of between to $45,000 to $74,000.

· Likely Prosecution Costs: The likely costs of bringing prosecution for breaches of Acts is $25,000.

· Staff and Management Time: The costs resulting from the use of staff and management time are very difficult to quantify. Focussing these resources on Maitreya has meant that Council has lost opportunities to complete other work and to improve its services elsewhere. Given the nature of small rural shires, such as the Buloke Shire, there are very few staff resources available and much of the time spent managing and reacting to the developing situation at the Lakes has been senior management time. This is time that is removed from undertaking other much needed work and sees delays in improvements and service provision by the Shire elsewhere in its remit.

3. Financial Implications

The financial implications are set out in section 2 (iv) above.

4. Cost Shift Considerations

There are no cost shift considerations in the report.

5. Community Consultation

No community consultation was undertaken for the report although there was considerable consultation undertaken following the refusal of the use of the land and the planning permit.

6. Internal Consultation

The Works and Technical Services Department, the Planning and Community Support Department and the Corporate Services Department were consulted in the preparation of this report.

7. Legislative / Policy Implications

Nil

8. Environmental Sustainability

Remediation of the site is required for environmental sustainability.

9. Conflict of Interest Considerations

No officer involved in the preparation of this report had a conflict of interest.

10. Conclusion

The failure of the promoter of the Maitreya Festival to obtain permission to use the land and a planning permit for the Festival had many and varied impacts on Council and its community. This report attempts to set out the major impacts.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.2.2 Buloke, Hobsons Bay Friendship Alliance 10th Anniversary

Author’s Title: Community Development Officer

Department: Planning and Community Support File No: 0000

Attachments:

Nil

Relevance to Council Plan 2015 - 2019

Strategic Objective: A local economy in which the contribution of the agricultural sector and business sector is recognised and their continued growth actively encouraged and supported.

RECOMMENDATION

That Council notes the report and contribution to the Friendship Alliance of the 10^th anniversary celebration.

1. Executive Summary

The 10th anniversary of the Buloke – Hobsons Bay Friendship Alliance was celebrated on 27-28 May with a tour of the southern Buloke communities and a dinner at Charlton.

2. Discussion

The 10th anniversary of the Buloke – Hobsons Bay Friendship Alliance was celebrated on 27-28 May with a tour of southern Buloke communities by seventeen Hobsons Bay Councillors, Officers and Community representatives.

A number of Buloke Shire Councillors accompanied the bus tour, attended the dinner in Charlton and joined the visitors on Saturday to complete the occasion.

Former Councillors associated with the Alliance attended the dinner along with representatives of 9 Community Forums, 2 Chambers of Commerce and 3 Buloke Bowling Clubs.

The tour began in Donald at the Woods Street Café with a presentation of cheques from the proceeds of the sale of work from the “Night Sky” photo exhibition resulting from the visit of the Altona Camera club, hosted by Donald 2000 and the Donald History and Natural History Group.

The Alliance was hosted in Birchip by O’Connors Farm Machinery, with a tour of the facility by manager Tom Sheridan. Caroline Welsh, Chair of Birchip Cropping Group, Robyn Ferrier, former Buloke Shire Councillor, John Richmond Birchip P12 Principal and Cr Gail Sharp presented farming, business and community in Buloke. The group then visited the Auchmore museum at Nullawil hosted by the Nullawil Historical Society.

A dinner was hosted by Buloke Shire Council at the Charlton P12 College Trade Training Centre and catered by the year 10 hospitality students, Parents and teachers. A large thank you is owed to the students and their support team of parents and teachers which was all co-ordinated by Kaylene Cossar. Principal Kelvin Baird led an informative tour of the facility, contributing to an extremely successful evening.

Saturday included a visit to the Rex Theatre and a private screening of the Birchip Back Roads episode. Visits to the Charlton museum and local farmer Ian O’Connor, as well as local Charlton businesses, provided the group with a greater understanding of the economic and cultural fabric of our rural communities.

The Alliance has seen profitable opportunities opened up for Buloke businesses. Buloke artists and crafters have benefitted from exhibitions and sales of their work at the Louis Joel Centre in Altona. Buloke bowling clubs have built strong relationships with Hobsons Bay clubs through the ongoing annual Bowls Tournament. Support for our flood recovery effort was provided by Hobsons Bay council staff, as well as support to our communities through the drought years.

This visit has seen the strengthening of relationships between Buloke Historical Societies and the Hobsons Bay groups. An emerging Buloke business has begun a relationship with the Hobsons Bay Economic Development team that will substantially expand their market. Buloke Secondary College students will benefit from a project to build an alliance and understanding through student exchange between our schools and those in the Hobsons Bay LGA.

Travis Fitzgibbon and James Goldsmith are to be particularly thanked for their contribution to making this visit a success. Jen Hewett and Carolyn Wheeler also provided valuable support in the production of material for the project. Executive Assistant, Andrea Agius and Cultural and Economic Development Manager Janet Dawes supported the tour from Hobsons Bay.

3. Financial Implications

$5747 was expended on the project from the Community Development budget with half of that to be reimbursed by a contribution from Hobsons Bay Council.

4. Cost Shift Considerations

None

5. Community Consultation

Invitations were extended to community representatives, staff and former Councillors with connections to the alliance.

6. Internal Consultation

Community and Economic Development officers as well as Media and Communications arranged necessary elements of the event.

7. Legislative / Policy Implications

None

8. Environmental Sustainability

No impact

9. Conflict of Interest Considerations

No officer involved in the preparation of this report had a conflict of interest.

10. Conclusion

The Hobsons Bay Friendship Alliance continues to provide benefits to Buloke Shire. The celebration event reflected the fact that the friendship is real and the contributions of both councils.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.2.3 Request from Department of Enviroment, Land and Water & Planning (DELWP) for Closure of various Lake Buloke Roads

Author’s Title: Senior Assets Engineer

Department: Works and Technical Services File No: RO/21/2

Attachments:

1 Map of proposed closures

2 Letters

Relevance to Council Plan 2015 - 2019

Strategic Objective: Engaging with, and facilitating our community to identify and meet its needs

RECOMMENDATION

That Council writes to the Department of Environment, Land, Water and Planning to formally refuse their request to close various unnamed roads within Lake Buloke.

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 various Lake Buloke roads.

2. Discussion

Council received correspondence from DELWP advising that the Department had received an application to licence some of the purported unused roads adjoining perpetual leases on Lake Buloke. The map in attachment 1 outlines the proposed closures. It was resolved at the Ordinary Meeting held on 13 April 2016 that Council:

· Writes to land owners adjoining the unnamed roads advising them of the proposed roads reserve closure, and planned license of these 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.

· After completion of the actions above, council to consider reply to DELWP request for closure of the roads.

Advertisements for the proposed closure were published in the local papers, Government Gazette and twenty-six letters were sent directly to adjoining land owners, inviting them to make submissions on the matter.

Five responses were received, four of which were objections to the closure and another proposed the potential closure of an additional road.

One of the objection letters is from the local fire bridge (CFA) covering the area. The brigade outlines that Lake Buloke is an extremely popular destination with duck shooters and it has been required to attend incidents around the area of the proposed road closures.

The owners of a number of properties on either side of the roads outlines that the roads are used to gain access to properties to feed and transport livestock. Another two objectors also highlighted concerns about limiting access to their properties, including the restriction for emergency services vehicles.

The roads are currently in use and closures will have impact on adjoining land owner access to their properties. Therefore, the recommendation of this report is for Council to refuse the DELWP request to formally close the roads.

3. Financial Implications

There are no financial implications in this report.

4. Cost Shift Considerations

The are no cost shift consideration in this report

5. Community Consultation

Council called for submissions through advertisements in local papers and the Government Gazette and letters sent directly to adjoining and local land owners.

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 are no environmental impacts arising out of this report.

9. Conflict of Interest Considerations

No officer involved in the preparation of this report had a conflict of interest.

10. Conclusion

The proposed roads for closures are still in public use and the submissions highlight that they are still required for access to property. It is therefore recommended that Council decline the request to formally close the roads.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.2.4 Appointment of Council Delegates to Recreation Reserve Special Committees

Author’s Title: Coordinator Community Facilities

Department: Works and Technical Services File No: CM/17/04

Attachments:

Nil

Relevance to Council Plan 2015 - 2019

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

RECOMMENDATION

That Council:

1. Appoints Cr ..................... as a Council delegate to the Charlton Park Committee of Management

2. Appoints Cr ..................... as a Council delegate to the Wycheproof Recreation Reserve Committee of Management

1. Executive Summary

At its May 2016 meeting, Council endorsed new Terms of Reference for the operation of Special Committees at Charlton Park and Wycheproof Recreation Reserves. As a part of the Committee Terms of Reference, a Councillor is to be appointed to the Committee as a member.

2. Discussion

In October 2015, Council adopted recommendations to review and establish new agreements for the Special Committees under section 86 of the Local Government Act 1989 for the Wycheproof Recreation Reserve Committee of Management and Charlton Park Committee of Management.

At Council’s May 2016 meeting it endorsed new Terms of Reference for the management of these Recreation Reserves with their respective Special Committees.

Under the Terms of Reference, the memberships of each committee included representation of the local clubs, but also included a Council delegate as a member of the Committee. Therefore this report seeks to appoint a Councillor as its delegate to each Committee.

This appointment will be until November 2016, at which the delegate appointments will be included in Council’s overall annual delegation process for Councillors.

3. Financial Implications

The Special Committees form part of Council’s operations, therefore appropriate governance processes have been considered, which includes the appointment of a Councillor delegate to mitigate financial risk.

4. Cost Shift Considerations

There is no cost shifting for the purposes of this report.

5. Community Consultation

Each committee has been significantly consulted through the establishment of the Terms of Reference which included the provisions of a Councillor delegate.

6. Internal Consultation

Senior Management have been consulted through the process.

7. Legislative / Policy Implications

Each Special Committee has been formed to under Section 86 of the Local Government Act 1989 to ensure appropriate governance is in place for the management of each reserve.

8. Environmental Sustainability

Not applicable for this report.

9. Conflict of Interest Considerations

No officer involved in the preparation of this report had a conflict of interest.

10. Conclusion

It is recommended Council appoint a Councillor as its delegate for the Wycheproof Recreation Reserve Committee of Management and Charlton Park Committee of Management.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.2.5 Sport and Recreation Victoria Community Sports Infrastructure Fund 2017/18

Author’s Title: Coordinator Community Facilities

Department: Works and Technical Services File No: GS/03/09

Attachments:

Nil

Relevance to Council Plan 2015 - 2019

Strategic Objective: A Shire where roads, drains, public spaces, community facilities, parks and other essential infrastructure are fit for purpose, well maintained and contribute to the well-being of the community.

RECOMMENDATION

That Council:

1. Endorses an expression of interest application to the 2017/18 Sport and Recreation Victoria Community Sport Infrastructure Fund for $29,488 for the Birchip cricket training facility upgrade.

2. Endorses an expression of interest application to the 2017/18 Sport and Recreation Victoria Community Sport Infrastructure Fund for $47,682 for the Donald multi-use oval upgrade.

3. Endorses an expression of interest application to the 2017/18 Sport and Recreation Victoria Community Sport Infrastructure Fund for $83,300 for the Buloke pools splash play development.

4. Council considers the commitment of $41,700 in the development of the 2017/18 capital budget as matching funding to support the Buloke pools splash play development.

1. Executive Summary

Sport and Recreation Victoria have recently released the Community Sports Infrastructure Fund, an annual program for the funding of sport and recreation infrastructure in Victoria. The Community Sports Infrastructure Fund provides grants for planning and building or improving facilities where communities conduct, organise and participate in sport and recreation. Local Councils are the only bodies able to apply for this funding which is calculated at a ratio of $2 state government: $1 Council. Council officers have submitted 3 applications under this program and seek Council endorsement of this decision.

2. Discussion

Sport and Recreation Victoria released this annual funding program earlier than in previous years and with altered criteria. These changes meant that Council staff were not in a position to discuss this with Council before prior to expression of interest applications being submitted.

To identify the potential projects, Council advertised in three local papers and on its Facebook page for clubs to come forward with proposals. This process brought a number of projects into discussion, but some either hadn’t progressed enough to be ready for the program or did not fit the funding criteria. Two of the projects are community led projects and one project is Council managed.

The Birchip cricket training facility upgrade involves the relocation of the existing site from the edge of the main oval at Birchip recreation reserve and the construction of new training nets and sheds on the eastern edge of the recreation reserve. The anticipated project cost is $55,664 with matching funding coming from the Birchip Cricket Club through cash and in-kind contributions.

The Donald multi-use oval upgrade seeks to relocate the Donald hockey field onto the Jeffcott oval at Donald Recreation Reserve. This project will save approximately 4 megalitres of water per year by creating a dual cricket and hockey facility that is utilised all year round. In addition to the water savings, this project will result in a significant reduction in maintenance and turf management. Lighting of the oval is also included enabling hockey and cricket training at night time. The anticipated project cost is $71,523 with matching funding coming from the Donald Hockey Club, Donald Recreation Reserve Committee and Jeffcott Cricket Club through cash and in kind contributions.

The pools splash play project involves the installation of an interactive water feature in toddler pools at Donald, Charlton, Wycheproof, Sea Lake and Birchip Pools. It aims to improve the water play opportunities at Council swimming pools to encourage active play and further enhance opportunities for young people within the Shire. The project is anticipated to cost $125,000 with $41,700 required in matching funding from Council in the 2017/18 budget.

3. Financial Implications

If Council is successful in receiving the funding for any or all of the projects, it will be responsible for delivering the projects and acquitting them. Council officers will provide support in completing funding applications and managing the projects.

Council will need to consider the matching requirement of $41,700 for the pool splash park project in the 2017/18 budget.

4. Cost Shift Considerations

There are no cost shift considerations in the report.

5. Community Consultation

The community has been consulted through the advertising of the grants program, site meetings with relevant clubs and establishment of project scope. Further consultation will be necessary should Council be asked to submit full applications.

6. Internal Consultation

Senior management have been consulted through the process.

7. Legislative / Policy Implications

There are no legislative implications related to this report

8. Environmental Sustainability

The project at Donald seeks to reduce water usage at the site and develop a more sustainable facility.

9. Conflict of Interest Considerations

No officers involved in the preparation of this report have a conflict of interest.

10. Conclusion

It is recommended that Council endorses the three expression of interest and considers $41,700 in the 2017/18 financial year to support the pool splash play development project.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.2.6 2015/16 Grant Applications and Success

Author’s Title: Director Works and Technical Services

Department: Works and Technical Services File No: x

Attachments:

Nil

Relevance to Council Plan 2015 - 2019

Strategic Objective: Influencing governments to improve liveability for rural communities

RECOMMENDATION

That Council notes the report on the grant applications made in the 2015/16 financial year.

1. Executive Summary

This report informs Council on the large number of funding applications submitted over the 2015/16 year and the very high level of success rate in obtaining external funding. This report includes funding applications made directly by Council and also includes submissions where Council officers have supported either community groups or other agencies to attract grants.

2. Discussion

Council and the community rely heavily on obtaining external funding to run the organisation and enhancing our townships. Predominantly these grants are for capital works planning or construction projects (i.e. streetscape master planning, Charlton transfer station), programs (i.e walk to school program) or event funding (drought event package). The reliance of grants to deliver capital works for the community is best highlighted in the 2016/17 budget, which has an $8 million capital works program with just $2 million of own-source, rate payer funds.

The table below outlines each grant application submitted by Council officers, or applications that officers have supported, the amount applied for and the outcome.

Grant Name (Department)	Project Name	Application amount	Success (successful, unsuccessful, unknown)

Transport Investing in Regions (Dept of Transport)	Wayfinding Signage	$25,000	Successful
Drought Relief Sport and Recreation (DELWP)	Drought-proofing Charlton Park	$75,000	Successful
Drought Relief Sport and Recreation (DELWP)	Drought-proofing Donald Recreation Reserve	$75,000	Successful
Drought Relief Sport and Recreation (DELWP)	Green Lake Water Security	$72,000	Successful
Drought Relief Sport and Recreation (DELWP)	Donald Weir Project	$173,000	Successful
Regional Infrastructure Fund (RDV)	Streetscape Planning Grant	$26,000	Successful
Regional Development Australia	Charlton Park 2020 Design Rescoping	$20,000	Successful
Regional Development Australia	Lake Tyrrell Tourism Business Case	$10,000	Successful
Regional Infrastructure Fund (RDV)	Lake Amenity Upgrade	$500,000	Unknown - anticipated announcement December 2016
Community Sport Infrastructure Fund (SRV)	Nullawil Netball Change	$44,603	Successful
Community Sport Infrastructure Fund (SRV)	Wycheproof Tennis Courts	$71,866	Successful
Community Sport Infrastructure Fund (SRV)	Wycheproof Pool Change	$200,000	Successful
Country Football Netball Program (SRV)	Sea Lake Netball Courts	$100,000	Successful
Rural Development Fund (RDV)	Folletti Park upgrade	$65,250	Successful
Rural Development Fund (RDV)	Donald Archives	$33,750	Successful
Shade Grants (Dept Health)	Swimming Pools	$50,000	Unsuccessful - no feedback given
Stronger Regions Program (RDA)	Wycheproof Swimming Pool Change	$200,000	Successful
Walk To School (VicHealth)	Walk to school program	$10,000	Successful
Men's Shed (DHHS)	Birchip Mens Shed	$60,000	Unknown
Resilient Communities (DEDJTR)		$12,745	Successful
Restoring community War memorial (DPC)	Berriwillock memorial	$19,000	Successful
Cemeteries & Crematoria (Dept Health)	Berriwillock cemetery works	$29,483	Successful
Drought Relief (RDV)	Community Events	$15,000	Successful
Local Council Drought Response (RDV)	drought response package	$40,000	Successful
SCRF (RDV)	Donald Cuisine in the crop	$10,000	Successful
DEDJTAR	Advancing Intensive Agriculture in the Loddon Mallee	$100,000	Successful
Department Heath & Human Services	Engage Grant	$31,500	Successful
Rural & Regional Landfill Support Program (SV)	Charlton Transfer Station	$150,000	Successful
Climate change grants (DELWP)	Facility audits	$10,000	Successful
Climate change grants (DELWP)	Drought proofing sporting facilities	$80,000	Unsuccessful – required more infrastructure works be incorporated
Community Sports Infrastructure Fund (SRV)	Jeffcott oval/hockey development	$47,000	Unknown - anticipated announcement November 2016
Community Sports Infrastructure Fund (SRV)	Swimming pool - toddler pool upgrades	$82,000	Unknown - anticipated announcement November 2016
Community Sports Infrastructure Fund (SRV)	Birchip Cricket Training Nets	$27,000	Unknown - anticipated announcement November 2016
Drought Communities Program (Federal government)	Drought package	$1,500,000	Successful

Only 2 out of 34 applications (6%) have been unsuccessful, with 5 applications still pending evaluation. This highlights an extremely high success rate. Overall, Council has been successful in attracting $3.119 million of non-recurrent external grants over the past 16 months.

Some of the projects such as the streetscape masterplanning, wayfinding signage, drought-proofing of recreation reserves and advancing agriculture are directly from the 2015 Council Plan and the Loddon Mallee RDA Investment Prospectus.

Importantly, many of these projects also feature as key priorities in community plans and precinct masterplans. Staff have worked extremely closely with the clubs and groups in scoping these projects and submitting applications in order to achieve some of the key priorities for the communities.

The above table and figures do not include the non-recurrent grants that Council received such as the Roads to Recovery Program, Federal Assistance Grants and Roadside Pest and Weed Program.

3. Financial Implications

Council has been successful in attracting $3.119 million of non-recurrent external grants over the past 16 months.

4. Cost Shift Considerations

There are no cost shift considerations in the report.

5. Community Consultation

No community consultation was undertaken for the report although there was considerable consultation undertaken during the grant application and project scoping phase.

6. Internal Consultation

The Works and Technical Services Department, the Planning and Community Support Department and the Corporate Services Department were consulted in the preparation of this report.

7. Legislative / Policy Implications

Nil

8. Environmental Sustainability

A focus has been to apply for projects that have positive environmental impacts, such as drought-proofing recreation reserves, Charlton transfer station, and Green Lake water security project.

9. Conflict of Interest Considerations

No officer involved in the preparation of this report had a conflict of interest.

10. Conclusion

Council has written or supported a number of funding submissions for the Buloke community over the past 12-16 months at an extremely high success rate. Over $3 million has been secured for Buloke residents from non-recurrent external grants.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.2.7 Road Management Plan Review

Author’s Title: Director Works and Technical Services

Department: Works and Technical Services File No: AM/01/01

Attachments:

1 Road Management Plan

Relevance to Council Plan 2015 - 2019

Strategic Objective: Engaging with, and facilitating our community to identify and meet its needs

RECOMMENDATION

That Council adopts the Road Management Plan 2016

1. Executive Summary

Following the adoption of the new Road Management Plan in 2014, this report is presented to Council to consider a recent review of the plan.

2. Discussion

The Road Management Plan is a statutory plan under the Road Management Act 2004 that sets out the maintenance regime for management of the municipal road network for Buloke Shire. It establishes the management system for Council to inspect, maintain and repair its public roads based on policy and operational objectives having regard to available resources.

The purpose of this Road Management Plan is to:

· Detail the management systems for the road management functions under the control of Buloke Shire Council,

· Set the relevant standards in relation to the discharge of duties in the performance of those road management functions within the approved budget,

· Ensure the provision of a safe and efficient road network for use by road users and the community.

In April 2014, Council adopted a new Road Management Plan that included a range of changes to the classification system and the intervention levels and treatments.

An internal review has recently been completed and a range of minor changes has been recommended. These changes include:

· Reference to an ‘all weather’ condition standard for an Access Road

· Changing the classification name from ‘limited access/track’ to ‘Minor Road’ for consistency

· Changing inspection frequencies as follows:

o Link Roads from quarterly to six monthly

o Minor Roads from once every five years to ‘no periodic inspections – by necessity or request only’

o All night time inspections to be done by necessity or request

· Including a column for minor roads to state that hazards will be responded to based on instruction from the Coordinator Works.

· Altering the response times for Collector and Link Road defects to align with resource availability and work schedules.

These changes allow the plan to align better with work practices and ensure that inspection regimes, whilst reasonable, do not become over-burdensome. These changes are relatively minor in comparison to the more significant changes that occurred in 2014.

Council called for submissions following the adoption of the draft Road Management Plan in April 2016. Two submissions were received relating to the road hierarchy and the classification of Goddards Road and the Ninda Turriff Road. The submissions outlined that these two roads are used for through traffic and are important in getting product to market. The existing road classification system was not part of this review. It will, however be part of the full redevelopment of the plan, which is a statutory obligation following Council elections in October 2016.

In the interim, staff will be monitoring and evaluating the usage levels of these two roads and will also establish a database of other roads that may require reclassification. The classification of these two roads will be addressed in the full review of the road hierarchy.

3. Financial Implications

Road management is the largest cost in Council’s annual operating and capital budget. The changes proposed will not have a material financial impact.

4. Cost Shift Considerations

There are no cost shift implications in this report.

5. Community Consultation

This review was placed on public exhibition and advertisements placed in local papers. Community members had 28 days to make a submission. Two submissions were received.

6. Internal Consultation

An internal staff working party has led the review and considered any feedback from the consultation process.

7. Legislative / Policy Implications

The Road Management Act 2004 sets out the requirements and procedures for making a Road Management Plan. The contents of the Plan and the recommendations for public consultation are in line with this Act.

The Plan reflects the purpose and objective of Council as specified under Sections 6 and 7 of the Local Government Act 1989.

This Road Management Plan sets the key policy framework for how Council manages its road, footpaths and related assets. This Plan, combined with Council’s Road Asset Management Plan, sets the service levels for the Buloke Shire road network.

8. Environmental Sustainability

There is no reference to environmental sustainability in this report.

9. Conflict of Interest Considerations

No officers involved in the preparation of this report have a conflict of interest.

10. Conclusion

The Road Management Plan gives Council an increased strategic and a sustainable approach to managing and maintaining our extremely large and important road network. The minor changes make the plan more realistic and allow it to better align with work practices.

It is recommended that the Council adopt the Road Management Plan.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.2.8 Proposed Sale of Council Property

Author’s Title: Coordinator Community Facilities

Department: Works and Technical Services File No: CP/02/08

Attachments:

1 Map of Properties

Relevance to Council Plan 2015 - 2019

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

RECOMMENDATION

That Council:

1. Commences the statutory procedures pursuant to section 189 and 223 of the Local Government Act 1989, and gives public notice of its intention to sell surplus land at 19 Alfred Street, Donald, 22 Alfred Street, Donald, 57-61 Abbott Street, Birchip, 21 Sherwood Street, Birchip, 56 Cumming Avenue, Birchip, 21-25 Messines Street, Nandaly, 12 Messines Street, Nandaly, 38 Calder Highway, Berriwillock and invites written submissions until 19 August 2016.

2. Publishes notices of its intention to sell surplus land in the North Central News, Buloke Times and Sea Lake-Wycheproof Times Ensign, and on Council’s social media pages.

3. Writes to land owners adjoining the properties and relevant township forums advising them of the proposed sales and invites them to make submissions on the matter.

4. Considers any submissions received in accordance with the provisions of s223 of the Local Government Act 1989.

5. Receives a further report, outlining any submissions received, presenting a recommendation for consideration.

1. Executive Summary

To advise Council of the intention to sell Council property and seek approval from Council under Section 189 of the Local Government Act 1989 to undertake the required public consultation process.

2. Discussion

Officers have been conducting reviews of Council’s Asset Register over the past twelve months and have identified eight surplus property assets which are no longer required by Council. The eight properties that are considered for sale include;

- 19 Alfred Street, Donald

- 22 Alfred Street, Donald

- 57-61 Abbott Street, Birchip

- 21 Sherwood Street, Birchip

- 56 Cumming Avenue, Birchip

- 21-25 Messines Street, Nandaly

- 12 Messines Street, Nandaly

- 38 Calder Highway, Berriwillock

The two properties in Alfred Street, Donald are vacant parcels of undeveloped residential land that Council currently owns and maintains. Council has no foreseeable use for these parcels of residential land and therefore they are recommended to be sold.

The 57-61 Abbott Street, Birchip property is currently vacant land that was recently rezoned from Public Parks and Residential Zone (PPRZ) to Township Zone (TZ) to enable development on the site. It is currently unused land in a residential area of Birchip for which Council has no foreseeable future use.

The 21 Sherwood Street, Birchip property is the old resource centre and Council storage building. This property is disused and is no longer required by Council.

The 56 Cumming Avenue, Birchip property is the old grass green at the Birchip Bowls Club that has recently been subdivided and is able to be developed. This property was identified by the Birchip Bowls Club and Council as no longer required for the purposes of recreation within Birchip and therefore suitable for sale.

The property at 21-25 Messines Street, Nandaly is the site of the old saleyards. Currently this land is vacant and has no foreseeable use for Council.

The 12 Messines Street, Nandaly property incorporates the disused maternal and child health centre and plant storage shed. These facilities are no longer utilised and therefore it is recommended Council sells this property.

The vacant land at 38 Calder Highway, Berriwillock is the site of the old Berriwillock saleyards. Currently this land is disused with no foreseeable use to Council.

Section 189 of the Local Government Act 1989 requires councils to do certain things before selling or exchanging land:

- to give at least four weeks public notice of an intention to sell or exchange land before selling or exchanging this land (section 189(2)(a));

- obtain a valuation of the land which is made not more than 6 months prior to the sale or exchange from an appropriately qualified person (section 189(2)(b)); and

- allow interested persons to make a submission under section 223 on the proposed sale or exchange (section 189(3)).

The properties identified are surplus to Council’s needs, and therefore a public tender or auction process with specific reserves for each property will enable Council to comply with the Local Government Act 1989 and gain value for money for the sale of these community assets.

Initially, Council will conduct a 28 day consultation process throughout all local media and on Council’s social media pages to enable any public submissions to be made. This includes writing to adjoining property owners and the local township forums.

A further report will be tabled once the consultation process has been completed.

3. Financial Implications

Council’s budget identifies $80,000 in asset sales to be achieved for the 2016/17 budget. The sale of these properties would enable Council to achieve this target.

4. Cost Shift Considerations

There are no cost shift implications.

5. Community Consultation

There has been no community consultation but, should Council adopt this report, the community will have the opportunity to make comment through submissions under Section 223 of the Local Government Act 1989

6. Internal Consultation

Senior management and relevant officers have been consulted on the proposed asset sales

7. Legislative / Policy Implications

The Local Government Act 1989 has specific requirements of Council for the process of selling, transferring and exchanging land.

8. Environmental Sustainability

There are no environmental sustainability implications.

9. Conflict of Interest Considerations

No staff member involved in the preparation of this report had a conflict of interest.

10. Conclusion

It is recommended that Council commence the public consultation process (required under the Local Government Act 1989) for selling the eight parcels of surplus assets.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.2.9 Buloke Shire Customer Satisfaction Report - 2016

Author’s Title: Chief Executive Officer

Department: Office of the CEO File No: xxx

Attachments:

1 Customer Satisfaction Survey - 2016

Relevance to Council Plan 2015 - 2019

Strategic Objective: An organisation that is responsive to the evolving needs of the community.

RECOMMENDATION

That Council notes the attached customer satisfaction survey for 2016 and uses the outcomes as a basis for the first Community Forum Summit in 2017.

1. Executive Summary

The Customer Satisfaction Survey results for 2016 are significantly less favourable than previous surveys. This is very disappointing but expected due to a range of environmental factors that will have impacted on the satisfaction of the community.

2. Discussion

The Survey results are generally negative and have undoubtedly been impacted by a range of factors including:

· Reductions in service levels following the very significant budget cuts in 2014/15 and 2015/16.

· The effect of conducting the survey during the highly public failure of the Maitreya Festival, which impacted the community.

· Undertaking the Rural Living campaign which necessarily focusses on the unsustainability and lack of services able to be provided by small rural councils such as Buloke.

· Time lags in public perception of the effectiveness of Council’s advocacy campaigns and also in the implementation of Council’s increased media presence.

The results of the Survey need to be addressed in a pro-active and meaningful fashion. It is proposed that Council uses the results to develop a workshop to be held at the first Community Forum Summit of the new Council in 2017. The outcomes of the workshop can be used to initiate action to address the concerns that have been expressed. Internally, staff will review and consider other actions arising from the survey results.

3. Financial Implications

Nil

4. Cost Shift Considerations

Nil

5. Community Consultation

The Survey was a telephone survey of the community.

6. Internal Consultation

The Senior Management Team has been consulted in the preparation of this report.

7. Legislative / Policy Implications

Nil

8. Environmental Sustainability

Nil

9. Conflict of Interest Considerations

No officer involved in the preparation of this report had a conflict of interest.

10. Conclusion

It is recommended that Council uses the results of the Survey to develop a workshop to be held at the first Community Forum Summit of the new Council in 2017.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.2.10 Victoria Building Authority Statement of Intent with Local Council Building practioners.

Author’s Title: Manager Planning and Community Support

Department: Planning and Community Support File No: DB/14/02

Attachments:

1 VBA Statement (MAV Version)

2 VBA Statement (Original)

Relevance to Council Plan 2015 - 2019

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

RECOMMENDATION

That Council endorses the Statement of Intent from the Victoria Building Authority with the changes set out by the Municipal Association of Victoria.

1. Executive Summary

A Statement of Intent has been developed and designed by the Victoria Building Authority to provide greater clarity in respect of how the Victorian Building Authority (VBA) and Local Government should work together to administer and enforce compliance with the Building Act 1993 (the Act) and Building Regulations 2006 (the Regulations).

2. Discussion

A copy of the Statement of Intent was provided by the VBA to all Victorian Councils for signature by 30 June 2016.

The key principle of the Statement of Intent document is that the regulation of Victoria’s building industry is a shared responsibility between the VBA, Local Government and private building surveyors.

The original document included a range of objectives and responsibilities that were worded in a way that caused concern about the purpose of the document.

The Municipal Association of Victoria (MAV) Insurance Counsel reviewed the document and made amendments to address the concerns raised by councils and the Victorian Municipal Building Surveyors. I have attached a copy of the original and marked up version to this report.

Council has been informed by the MAV that the VBA has accepted these changes

The relationship between the VBA and local government has been strained in the past, but hopefully this document, along with a willingness to work together, can be used as a mechanism to improve the relationship over time.

The Statement of Intent is not a legally binding document and does not override the legislative obligations of the parties under the current legislation.

It is important to note that the MAV is progressing conversations with the State Government about the need for a review of the building system. Analysis reveals private building surveyors now approve 90 per cent of building permits. As the private sector increases its share of the market, the capability and capacity of councils to fulfil their current obligations has been reduced. This highlights the need for a broader review.

Whilst Buloke has significantly less private building applications, we still have a range of enforcement issues arise which require the resources of our Municipal Building Surveyor. This document, in conjunction with a number of other resources, can guide the way in which we deal with these issues when they arise.

3. Financial Implications

Nil

4. Cost Shift Considerations

In the original Statement of intent distributed by the VBA there were some concerns in relation to the responsibility of enforcement, in particular of enforcement by council roles of private building surveyors. This concern has been addressed by the MAV changes to the document.

5. Community Consultation

Nil.

6. Internal Consultation

There has been consultation between the Manager of Planning and the Municipal Building Surveyor.

7. Legislative / Policy Implications

The document provides the context for which existing legislated responsibilities under the Building Act 1993 will be undertaken in.

8. Environmental Sustainability

Nil.

9. Conflict of Interest Considerations

No officer involved in the preparation of this report had a conflict of interest.

10. Conclusion

It is recommended that Council adopt the VBA Statement of Intent as modified by the MAV.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.2.10 Victoria Building Authority Statement of Intent with Local Council Building practioners.

Attachment 1 VBA Statement (MAV Version)

Statement of Intent

Enforcement of the Building Act 1993: A Cooperative Approach Responsibility

VBA 0004_VBA_RGB_DARKBLUE BAR

Signature page

The Victorian Building Authority (VBA) and the…………….., commit to this Statement of Intent.

Signature: _________________________________________

Chief Executive Officer

Date:

Prue Digby

Chief Executive Officer

Victorian Building Authority

Date: 1 June 2016

1. Purpose

1.1 This Statement of Intent is designed to provide greater clarity in respect of how the Victorian Building Authority (VBA) and Local Government should work together to administer and enforce [KP1] the Building Act 1993 (the Act) and Building Regulations 2006 (the Regulations).

1.2 The key principle of this document is that the administration and enforcement [KP2] of Victoria’s building industry is a shared responsibility between the VBA, Local Government and private building surveyors.

1.3 Operating effectively, the division of roles and responsibilities in this way creates a legislative[KP3] system that has great capacity to be highly efficient, proactive[KP4] , responsive, and flexible. This is the vision for Victoria’s building regulatory system that is shared by the VBA and Local Government.

1.4 This Statement of Intent supports the realisation of that vision and while it does not include private surveyors as a party, it intersects with their role in the legislative framework[KP5] as the obligations imposed by the Act and Regulations on the VBA and Local Government necessarily require engagement with private building surveyors.

2. Objective

2.1 The objective of this Statement of Intent is to improve the effectiveness of Victoria’s building regulatory system and increase confidence in the sector by;

· recognising and committing to the principle that administering and enforcing[KP6] the Act and Regulations is a shared responsibility;

· encouraging cooperation, information sharing and timely decision making; and,

· supporting agility, flexibility and accountability within the regulatory framework.

3. The Parties

The Victorian Building Authority

3.1 The VBA is a statutory authority established under the Act. The VBA monitors and enforces compliance with the Act and the Regulations and this includes supervision of registered practitioners’ conduct.

3.2 Amongst other things, the VBA has power to;

· bring proceedings for any offence against the Act or the Regulations;

· enter buildings and land (subject to legislative requirements);

· apply for and execute search warrants;

· require the production of documents or the giving of information in order to determine compliance with the Act or Regulations;

· act as municipal building surveyor in relation to any matter referred to the Authority by a private building surveyor under Part 8; and,

· direct a municipal building surveyor or private building surveyor to carry out their functions.

direct private building surveyors to forward any non-compliance with building[KP7] orders to the VBAappoint performance auditors to examine the work of registered building practitioners.

Local Government

3.3 Under the Act Local Government must appoint, employ or nominate a Municipal Building Surveyor (MBS). The MBS carries out a number of functions under the Act and is often the first party to which non-compliance with the Act or Regulations is reported from the community.

3.4 Local Government are empowered, amongst other things to;

· administer and enforce building permits issued by the MBS;

· take action in circumstances where building work without a building permit is identified by council;

· take appropriate action where there is a known risk to health or risk of injury or death;

· receive copies of building permits, occupancy permits, notices and orders from private building surveyors and maintain a register for these matters within the municipality;

· provide information as prescribed by the Regulations;

· enter buildings and land (subject to legislative requirements);

· apply for and execute search warrants;

· require the production of documents or the giving of information in order to determine compliance with the Act or Regulations; and,

· bring proceedings for offences under Part 3, 4, 5, 7 and 8 of the Act.

3.5 It is important to note that Local Government in contrast to the VBA, is not empowered to direct a private building surveyor to carry out their functions under the Act. In this sense, Local Government does not monitor the performance of private building surveyors.

3.6 However, Local Government is responsible for the administration and enforcement of Parts[KP8] 3,4,5,7 & 8 of the Act within its municipality, except where otherwise expressly provided under the Act. Local Government also holds information that is useful to the VBA for the performance of its role in monitoring private building surveyors, and has capacity to share information with the VBA in respect of private building surveyors where matters have come to the councils’ attention.

3.7 Therefore, in the course of achieving its obligations under the Act, Local Government will at times engage with private building surveyors and/or consider the performance of their functions, as outlined in the Municipal Building Control Intervention Filter Criteria Guideline 2015 for Council’s Administration and Enforcement of Parts 3,4,5,7 and 8 of the Building Act 1993 (filter criteria) [KP9] .

4. Obligations

4.1 In accordance with the relevant provisions of the Act and Regulations the parties agree to;

I. Commit to the principle that the administration and enforcement of the Act and[KP10] Regulations is a shared responsibility;

II. Commit to working together in a spirit of cooperation that ensures that voids of responsibility do not arise;

III. Administer and enforce compliance with the Act and Regulations in an efficient and transparent way;

IV. Share information with the other party (subject to confidentiality and privacy obligations) where it is necessary in order to meet the objectives of the Act and Regulations;

V. Work together to develop processes and procedures that respond to non-compliance with the Act and Regulations that come to the attention of the VBA or local government;

VI. Develop processes and procedures that allow for easy identification of building practitioners who are repeatedly non-compliant and develop strategies for improving and/or ensuring compliance;

VII. Engage directly and expeditiously with private building surveyors where the interests of timely regulation require. The filter criteria will be applied to determine when this occurs[KP11] ;

VIII. Utilise discretion in decision making in accordance with any relevant internal guidelines and in a way that is consistent with achieving the overarching objectives of the Statute;

IX. Foster a culture of responsiveness, agility and accountability in respect of complaints handling and investigations; and,

X. Continually seek to identify and develop ways of working that will drive more effective regulation of Victoria’s building sector.

4.2 In addition to these shared commitments, in accordance with the relevant provisions of the Act and Regulations;

XI. The VBA has oversight of registered builders and building surveyors. This oversight function includes the use of statutory powers to ensure compliance with the Act.

XII. Local Government is to administer and enforce Parts 3,4,5, 7 &8 of the Act, except[KP12] where otherwise expressly stated in the Act, within their municipality. This includes the use of statutory powers to under the Act. This function does not extend to directing private building surveyors.

5. Relationship of this Statement of Intent to other documents

5.1 This Statement of Intent is not legally binding[KP13] and not intended to supersede or alter existing contractual arrangements or other agreements between the VBA and MAV or councils.

6. Evaluation and review

6.1 The parties agree to review this Statement of Intent after the first year of operation.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.2.11 Community grants and sponsorship

Author’s Title: Community Development Officer

Department: Planning and Community Support File No: 0000

Attachments:

Nil

Relevance to Council Plan 2015 - 2019

Strategic Objective: An organisation that is responsive to the evolving needs of the community.

RECOMMENDATION

That Council:

1. Allocates $1,070 as a Project Support Grant to Donald 2000 for their tree planting street beautification project,

2. Allocates $2,000 as a Project Support Grant to Charlton Lions Club for their Community Telephone Directory and;

3. Allocates $500 to sponsor the Birchip Art Show

1. Executive Summary

The purpose of this report is to recommend that Council approves the allocation of funds from the Community Grants and Sponsorship Program to the projects listed above

2. Discussion

The Community Grants and Sponsorship program provides a vehicle for Council to support projects that enhance the liveability of Buloke communities.

The project proposed by Donald 2000 reflects the importance that our communities place on the appearance of their streetscape and builds on a program developed to beautify the street. It is based on a large volunteer contingent to undertake the labour component.

The Charlton Lions Club telephone directory is an example of the importance of the connectedness of residents.

The Birchip Art show has a strong history of successfully showcasing talented local artworks whilst also providing the communities with the opportunity to enjoy a wide array of non local art.

3. Financial Implications

This allocation of $3,570 is the first of the 2016-17 budget year. The total budget for this program is $20,000.

4. Cost Shift Considerations

Council officers have consulted with the applicants and reviewed all documentation associated with the sponsorship applications

5. Internal Consultation

Nil

6. Legislative / Policy Implications

The community grants and sponsorship program has been developed in line with the Local Government Investigations and Compliance Inspectorate guidelines.

7. Environmental Sustainability

Nil

8. Conflict of Interest Considerations

No officer involved in the preparation of this report had a conflict of interest.

9. Conclusion

It is recommended that Council notes and approves the allocation of funds to the applicants

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.2.12 Use of Council Seal for the transfer of Bore infrastructure

Author’s Title: Manager Planning and Community Support

Department: Planning and Community Support File No: ED/08/01

Attachments:

Nil

Relevance to Council Plan 2015 - 2019

Strategic Objective: A local economy in which the contribution of the agricultural sector and business sector is recognised and their continued growth actively encouraged and supported.

RECOMMENDATION

That Council approves the use of the Council seal for the contract documents pertaining to the transfer of bore infrastructure.

1. Executive Summary

Consent is required from Council for the use of the Council seal on the transfer of bore infrastructure contracts.

2. Discussion

At the 13 April, 2016 Ordinary Meeting of Council a recommendation was passed to transfer ownership of seven bores.

The legal paperwork for the transfer contracts has been produced and signed by all landholders; however it requires the use of the Council seal before also being signed off by the Country Fire Authority.

This report requests Council consent to use the Council seal.

3. Financial Implications

Nil

4. Cost Shift Considerations

Nil

5. Community Consultation

Nil

6. Internal Consultation

Nil

7. Legislative / Policy Implications

Council authorisation is required to use the council seal.

8. Environmental Sustainability

Nil

9. Conflict of Interest Considerations

No officer involved in the preparation of this report had a conflict of interest.

10. Conclusion

That Council approves the use of the Council seal on the bore transfer documents.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.2.13 Drought Communities Programme Funding Allocation

Author’s Title: Director Works and Technical Services

Department: Works and Technical Services File No: xxxx

Attachments:

Nil

Relevance to Council Plan 2015 - 2019

Strategic Objective: Influencing governments to improve liveability for rural communities

RECOMMENDATION

That Council:

1. Apportions the $1,500,000 of funding available through the Drought Communities Program to be applied for contribution to the following priority projects

· $200,000 to the Berriwillock Bowling Green redevelopment

· $800,000 to the Charlton Park 2020 development

· $500,000 to the Donald Community Precinct development

2. Works with state government and community representatives to acquire the matching funding for these projects.

3. Continues to advocate for state government funding for the Green Lake water security project and the streetscape improvement program.

1. Executive Summary

This report is presented to Council to apply for funding to the Commonwealth Government by apportioning the $1.5 million of funding available from the Drought Communities Programme across priority community infrastructure projects.

2. Discussion

The Drought Communities Programme (DCP) is designed to deliver benefits in targeted drought affected regions of Australia. Funding under this project must relate to economic, social and cultural infrastructure, safety and accessibility upgrades, or town facility upgrades.

In May 2016, the Federal Government declared that Buloke Shire Council was eligible for $1.5 million that needed to be spent prior to 30 June 2019. Council has since been investigating the most suitable way to use this funding to leverage other state and community funding to deliver important community projects and optimise the benefits to the Buloke community. This is a unique opportunity to use federal funding to leverage state, Council and community funds to deliver some of the larger projects that have been in planning and fundraising for some time.

Whilst many projects were initially considered, they were shortlisted to the five most suitable projects:

· Berriwillock Bowling Green Redevelopment: Development of a synthetic bowling green at the Berriwillock Multi-Purpose Community Centre

· Charlton Park 2020 Project: Development of single multi-purpose facility at the Charlton Recreation Reserve and rationalisation of existing recreation reserve buildings.

· Donald Community Precinct: Redevelopment of facility at Donald Recreation Reserve, including extension to blue room, development of gym/indoor cricket facility and redevelopment of a compliant stadium

· Green Lake water security project: Clay-lining the bottom of the lake to reduce seepage.

· Streetscape improvement program: Improve soft and hard infrastructure in the CBD areas of Birchip, Charlton, Donald, Sea Lake and Wycheproof.

In considering these projects, Council considered a range of factors including community support, asset renewal needs, economic development potential, usage and importantly, social impact to communities. In addition, each project was evaluated and compared by using a capital works prioritisation tool to help guide the recommendations.

The Green Lake water security project was given a high priority for this funding and is considered Council’s most important community project. This project is currently undergoing a business case process and awaiting environmental and cultural heritage planning analysis. In developing the recommendations, officers have spoken to state government representatives and consider that the Green Lake project has the best chance to be fully funded through other external funding.

The streetscape improvement program is a long-term strategy with master plans currently nearing the draft stage. This project can be completed in a multi-staged approach and Council are intending to apply for $500,000 of state government funding once the plans are complete.

The Berriwillock Bowling Club project, Charlton Park 2020 project and Donald Community Precinct project have been long-standing priorities for Council and the community for many years. Each project is backed by a master plan and feasibility study and they are key priorities in the local community plans. In addition, the Charlton Park 2020 project is identified in the Loddon Mallee Regional Investment Prospectus and all projects sit within the overarching strategies of the Council Plan and the Loddon Mallee Regional Strategic Plan.

For these projects to become a reality, federal funding is required to match state, council and community funds. In developing the most suitable funding mix, staff have met with each of the local committees to ascertain the ability of the community to contribute whilst also negotiating with the state government about future investment and considering Council’s own forward capital plan. In order to ensure Council has the best chance of seeing all five priority projects completed over the next three years, apportioning the funding in the following way will provide the best opportunity to optimise benefit to the Buloke community:

· $200,000 to the Berriwillock Bowling Green Redevelopment; toward $400,000 total project cost (NB: assumes state government and community as other funding partners).

· $800,000 to the Charlton Park 2020 Development; toward $4.2 million revised total project cost (NB: assumes state government, Council and community as other funding partners).

· $500,000 to the Donald Community Precinct; toward $2.6 million revised total project cost (NB: assumes state government, Council and community as other funding partners).

Through allocating $1.5million towards these three projects, Council is ambitiously aiming to undertake approximately $7.2 million of works. Staff have worked closely with the state government in establishing these priorities and this allocation will allow staff to formally submit funding applications for the relevant state funding streams.

Given the timeframes to spend the money and that each project requires significant investment from the state government and community, there will be a need to review the progress of each project against the capital strategy in December 2017. If the project is unlikely to have the funds available to fully complete the work by the June 2019 deadline, Council will need to revisit the funding allocation and potentially re-allocate to other projects such as the streetscape improvement program.

Whilst the Drought Communities Programme is not a competitive funding stream, applications still need to be made for the above projects to ensure they meet the requirements of the funding guidelines. Each of these projects appears to meet the funding guidelines.

3. Financial Implications

This report highlights the allocation of $1.5 million of capital funding across three projects with a total project cost of approximately $7.2 million. Each project will need additional funding from the state government and applications will be made over the coming 12 months. The Charlton and Donald projects will require significant funding from Council over the 2017/18 and 2018/19 financial years.

4. Cost Shift Considerations

There are no cost shift considerations in the report.

5. Community Consultation

These projects have been derived from the forward capital works plan and the current major projects list which has been developed in conjunction with the community and presented to the Community Summit. Importantly, these projects have been identified through master-planning processes and are championed by highly motivated community steering committees. Each project is also a key priority in the relevant community plan.

Many clubs and groups have approached Council about these funds and meetings have been held with many of these clubs.

6. Internal Consultation

The Works and Technical Services Department, the Planning and Community Support Department, CEO Department and the Corporate Services Department were all involved in reviewing and establishing the priority projects and have been consulted in the preparation of this report.

7. Legislative / Policy Implications

Nil.

8. Environmental Sustainability

Each project has important sustainable design features incorporated in the existing plans, which will assist in saving water and power.

9. Conflict of Interest Considerations

No officer involved in the preparation of this report had a conflict of interest.

10. Conclusion

The Berriwillock Bowling Green development, Charlton Park 2020 development and Donald Community Precinct redevelopment are key projects for Council and these communities into the future. This federal funding provides a unique opportunity to leverage state and community funding and progress some of our larger capital works priorities. As the streetscape project can be undertaken in stages and the Green Lake project has heavy support from state government, it is recommended that Council apportion the $1.5 million across the Berriwillock Bowling Green project ($200,000), the Charlton Park 2020 development ($800,000) and the Donald Community Precinct redevelopment ($500,000)

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.3 Financial Reports

8.3.1 Draft Minutes Audit Advisory Committee 3 June 2016

Author’s Title: Director Corporate Services

Department: Corporate Services File No: FM/02/09

Attachments:

1 Draft Audit Advisory Committee Minutes

Relevance to Council Plan 2015 - 2019

Strategic Objective: An organisation that is responsibly governed and values and supports the development of its people

RECOMMENDATION

That Council notes the draft minutes of the Audit Advisory Committee held on 3 June 2016

1. Executive Summary

The Audit Advisory Committee is a statutory committee of Council which considers matters of governance, finance and risk management. The committee is comprised of three independent members who offer professional advice and comment as per the committee’s charter.

The meeting of the Audit Advisory Committee on the 3 June 2016 dealt with many issues, including outstanding audit actions and the VAGO Interim Management Letter. The draft minutes with be adopted by the Audit Advisory Committee at its next meeting.

2. Discussion

The Audit Advisory Committee met to consider various issues as part of its meeting held on 3 June 2016.

Following the meeting the following statement was expressed by the chair of the Audit Advisory Committee, Tom Evans.

“At Friday's Audit Advisory Committee meeting the Committee was pleased to note the continuation of comprehensive and informative financial reporting and commentary presented to Council each month. The year on year budget position is tracking well and the decision to permit Buloke a modest rate increase in excess of CPI is welcomed from a sustainability perspective.

Work remains to be done on Council's Risk Register and the Committee is looking forward to hearing of progress at its September meeting.”

3. Financial Implications

The cost of the Audit Advisory Committee is part of the 2015/16 Annual Budget.

4. Cost Shift Considerations

There are no cost shifting implications

5. Community Consultation

Not applicable

6. Internal Consultation

Resolutions from the Audit Committee will be communicated to relevant staff members.

7. Legislative / Policy Implications

Council is required under the Local Government Act 1989 to create and maintain an Audit Committee.

8. Environmental Sustainability

Not applicable

9. Conflict of Interest Considerations

No officer involved in the preparation of this report has a conflict of interest.

10. Conclusion

The draft Audit Advisory Committee minutes are attached for noting by Council.

Buloke Shire Council Audit Advisory Committee Meeting Wednesday, 13 July 2016

8.3.1 Draft Minutes Audit Advisory Committee 3 June 2016

Attachment 1 Draft Audit Advisory Committee Minutes

ORDER OF BUSINESS

1. COUNCIL prayer AND WELCOME

The Chair opens the meeting and welcomes those present.

2. RECEIPT OF APOLOGIES

3. ATTENDEES

Tom Evans (Chair), Brian Keane (Member), Jessica Adler (Member), Reid Mather (Mayor), John Hicks (CEO), Bill Hutcheson (Director Corporate Services), Shana Johnny (Coordinator Finance) and Brad Ead (AFS).

4. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

Motion:

That the Audit Advisory Committee adopts the Minutes of the Audit Advisory Committee Meeting held on Friday, 18 March 2016.

Moved: Jessica Adler

Seconded: Brian Keane

Carried.

Minutes were confirmed and signed by Chair.

5. CHIEF EXECUTIVE BRIEFING

Briefing by Chief Executive Officer to the Audit Advisory Committee Meeting including any legal matters.

Motion:

That the Audit Advisory Committee Meeting scheduled for 21 September 2016 be moved to 14 September 2016 commencing at 4pm in the Wycheproof Supper Room.

Moved: Chairperson Tom Evans

Seconded: Brian Keane

Carried.

Motion:

That the Audit Advisory Committee nominates Jessica Alder to assist Council with the assessment of tenderers for the Internal Audit Contract.

Moved: Chairperson Tom Evans

Seconded: Brian Keane

Carried.

6. DECLARATION of PECUNIARY AND conflictS of interest

There were no declarations of interest. .

NEXT MEETING

The next Audit Advisory Committee Meeting will be held in Wycheproof Administration Centre Broadway, Wycheproof on Wednesday, 14 September 2016 at 4.00pm.

JOHN HICKS

CHIEF EXECUTIVE OFFICER

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.3.2 Options for Payment of Rates

Author’s Title: Director Corporate Services

Department: Corporate Services File No: RV03/05

Attachments:

Nil

Relevance to Council Plan 2015 - 2019

Strategic Objective: Delivering our services in a financially sustainable way

RECOMMENDATION

That Council:

1. Offers the following options for the payment of Rates and Charges;

(a) Payment in full on or before Wednesday 15 February 2017;

(b) Payment by four (4) instalments on 30 September 2016, 30 November 2016, 28 February 2017 and 31 May 2017;

(c) Payment by nine (9) equal monthly instalments by direct debit commencing 28 September 2016 and concluding 28 May 2017.

2. Allows ratepayers who opt for the four (4) instalments, nine (9) instalments or payment in full before 30 September 2016 to submit an entry to win one of four (4) vouchers to the value of $500 to be spent at a local Buloke business at the choosing of the ratepayer.

1. Executive Summary

Council is required under the Local Government Act 1989 to offer ratepayers the ability to pay their rates in four (4) instalments. Council can however choose to offer other methods of payment including payment in full. Ratepayers, who choose one of the three instalment options, including payment in full, are exempt from penalty interest if they meet their payments on or before the allocated date.

In the past, many ratepayers have opted for the payment in full in February of each year. In some instances this creates financial pressures for ratepayers following the Christmas period having to find a large sum for payment of rates. Council is mindful of the hardship this can cause and would like to encourage ratepayers to consider the two instalment methods.

The financial benefit to Council is to smooth out cash flow and reduce the drawdown of cash that results from receiving rates by one specific date during the year.

As an incentive to using these two incentive methods, ratepayers can complete an entry form which will be delivered with their rate notice, which will allow them to go into a draw to win one of four (4) vouchers to the value of $500 which can be spent at a local Buloke business. Ratepayers who also elect to pay their rates in full prior to 30 September 2016 will also be in the running for one of these wonderful prizes. The successful ratepayer can nominate the local business of their choice and Council will arrange for them to be provided a credit to the value of $500. The vouchers will be drawn in June 2017 from ratepayers who have nominated to enter and who have met their payment commitments.

Council staff, Councillors and their immediate family will be exempt from entering the draw.

2. Financial Implications

The cost of the incentives will be $2,000. This cost would be offset by Council having a better cash flow and avoiding going into overdraft and incurring overdraft interest.

3. Cost Shift Considerations

Not applicable

4. Community Consultation

Not Applicable

5. Internal Consultation

Not Applicable

6. Legislative / Policy Implications

The payment options being offered are in line with the Local Government Act 1989.

7. Environmental Sustainability

Not Applicable

8. Conflict of Interest Considerations

The officers involved in the writing of this report have no conflict of interest as Council employees and their direct families are excluded from entering the draw for the vouchers

9. Conclusion

Council will offer three instalment options for the payment of rates and charges for the 2016-17 year. Ratepayers who opt for the four (4) or nine (9) payment options or pay in full by 30 September 2016 will be eligible to enter the draw for one of four (4) vouchers to the value of $500 to be spent at a local Buloke business as nominated by the winning ratepayers.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 13 July 2016

8.3.3 Financial Performance as at 31 May 2016

Author’s Title: Director Corporate Services

Department: Corporate Services File No: FM/19/03

Attachments:

1 Income Statement May 2016

2 Balance Sheet May 2016

3 Cash Flow Statement May 2016

4 Cash Flow Statement Graph May 2016

5 Capital Works May 2016

6 Capital Works Progress Graph May 2016

Relevance to Council Plan 2015 - 2019

Strategic Objective: An organisation that is responsibly governed and values and supports the development of its people

RECOMMENDATION

That Council receives and notes the Financial Performance Report for the period ending 31 May 2016

1. Executive Summary

This report provides an overview of Council’s financial position as at 31 May 2016. Following the half year budget review, the report contains Council’s forecast position as at 30 June, as well as the original budget. The variation between the original budget and the forecast is largely due to grant income that was received at the end of the previous financial year rather than in 2015/16 year. When this is taken into consideration Council will be in a slightly better position than originally budgeted. Given the tight financial constraints of this budget, this has been a good result.

The Income Statement provides a summary of the total income and total expenditure relating to the Council’s annual recurrent operations. It also specifically includes capital income but never includes capital works expenditure.

For the period ending 31 May 2016, the year to date (YTD) actual surplus is $1.6m. Total income excluding capital grants is a deficit of $1.97m. The negative variance in operating income is due to the early receipt of half of the 2015/16 Victoria Grants Commission allocation in June 2015. Council had budgeted to receive this allocation in August 2015. The forecast shows a deficit of .88m which is due to this early allocation of income.

The Balance Sheet effectively shows a summary of the value of Assets (what we own) and our Liabilities (what we owe), both of which balance off against each other to show Equity (our net worth).

At the 31 May 2016, the Balance Sheet shows Council’s bank balance at $8.5m. As mentioned above, the early receipt of the Victoria Grants Commission allocation in June 2015 is instrumental in the size of the cash position.

The Cash Flow Statement is formatted to show a rolling 12 month forecast. At 31 May 2016, the Cash Flow Statement shows Council with a bank balance of $8.5m. The cash flow forecast has been amended to reflect movements in the income statement. Cash forecast at 30 June 2016 includes restricted grants funds held for the completion of capital works projects.

The cash flow graph then reflects that Council’s cash position is above that expected mainly due to the early receipt of Grant Commission funds.

The Capital Works Program report reflects 84% i.e. $4.56m of capital works (including additional R2R allocation) has been expended as at the 31 May 2016. Subsequent to the adoption of the 2015/16 Annual Budget, Council was advised that the Roads to Recovery annual allocation for 2015/16 was increased from $2.20m to $3.14m. Council has claimed its full annual allocation through additional capital road works projects in 2015/16. The capital works forecast has been amended to reflect the additional Roads to Recovery allocation and the deferral of the Donald Levee Bank project.

2. Financial Implications

This report continues to show that Council’s tight financial management is placing it in a sounder position. It is critical that Council continues to have a positive cash flow and at present it is in line with its forecast position.

3. Community Consultation

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

4. Internal Consultation

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

5. Legislative / Policy Implications

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

6. Environmental Sustainability

This report has no direct impact on environmental sustainability.

7. Conflict of Interest Considerations

No officer involved in the preparation of this report has a conflict of interest.

8. Conclusion

The Financial Performance Report reinforces that Council is successfully managing its challenging financial position. Council has a clear understanding of its finances and has implemented its adopted borrowing strategy, allowing it to prudently manage its finances into the future.

Application No	Applicant	Address	Date Rec	Summary of Proposal	Status
PPA650/16	Northern Land Solutions	CA 50 Parish of Wirmbirchip (Sunraysia Highway Birchip)	18/02/2016	Two Lot Subdivision	Further Information Requested
PPA654/16	Neil Carmichael	1393 Narrewillock-Quambatook Road Glenloth East	03/03/2016	Native vegetation removal	Further Information Requested
PPA663/16	Gareth Webb	65 Berriwillock-Birchip Road Birchip	22/06/2016	Use and development of land for a shelter area for race meetings	New

Provider	Recipient	Date	Purpose for Recognition
National Disability Services and the Department of Health and Human Services	Anne Page	15/6/2016	Placed on the Victorian Disability Awards Lifetime Honour Roll.
Australian Blind Bowls Association	Ralph Simpson	June 2016	Gold and Silver Medal achievement at the National Championships held in Port Macquarie. Singles and Pairs events respectively.
Australian International Field Archery Association	Geoff Blake	June 2016	Winner of long bow title at National event held in Mudgee, and selected for competition at the World title event to be held in September.
Nullawil Football Club	Tony Doran	2/7/2016	Acknowledgement of achievement for playing 600 games of Senior Football.