Agenda of Ordinary Meeting - 14 September 2016

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

7.1 Report on Assemblies of Councillors

Attachment 1 Councillor Briefing Record 3 August 2016

BULOKE SHIRE COUNCIL

Record

Councillor Briefing

Date and Time:

3 August 2016

Time: 5.00pm to 8.00pm

Location:

Donald Council Chamber

Attendees:

Cr Reid Mather – Mayor

Cr Ellen White

Cr David Pollard

Cr Stuart McLean

Cr Gail Sharp

Cr Graeme Milne

Cr Leo Tellefson

John Hicks – Chief Executive Officer

Bill Hutcheson – Director Corporate Services

Anthony Judd –Director of Works and Technical Services

Travis Fitzgibbon – Media and Communications Officer

Jessie Holmes – Acting Director Community Development

Apologies:

ITEMS

NO.	TOPIC		ACTIONS
1.	Declarations of Conflicts of Interest		Nil.
2.	Councillor Only Session
3.	Presentations
	3.1	Youth Presentations from North Central LLEN Mary - Anne Sait Youth Engagement Programme (5.30pm)	Attachment
	3.2	Rex Theatre Update Daryl Warren (6.00pm)
	Dinner (6.15pm – 6.45pm)
	3.3	Domestic Wastewater Management Plan (ADCD)	Attached in Ordinary Meeting Agenda 10 August - Item 8.2.6
4.	Items for Discussion
	4.1	Draft 10 August 2016 Ordinary Meeting Agenda	Attachment
5.	Councillor Matters
6.	CEO Updates

Next Briefing:

Date and Time:	17 August 2016	Time: 3.00pm to 6.00pm
Location:	Berriwillock

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

7.1 Report on Assemblies of Councillors

Attachment 2 Councillor Briefing Record 17 August 2016

BULOKE SHIRE COUNCIL

AGENDA

Councillor Briefing

Date and Time:

17 August 2016

Time: 3.00pm to 6.00pm

Location:

Berriwillock Community Centre

Attendees:

Cr Ellen White

Cr David Pollard

Cr Gail Sharp

Cr Graeme Milne

Cr Leo Tellefson

John Hicks –Chief Executive Officer

Bill Hutcheson – Director Corporate Services

Anthony Judd – Director of Works and Technical Services

Jessie Holmes – Acting Director Community Development

Hannah Yu – Acting Manager Risk and Human Resources

Travis Fitzgibbon-Media and Communications Officer

Apologies:

Cr Reid Mather – Mayor

Cr Stuart McLean

ITEMS

NO.	TOPIC		PURPOSE
1.	Declarations of Conflicts of Interest
2.	Councillor Only Session
3.	Presentations
	3.1	Berriwillock Community Development Group – Garry Summerhayes and James Joyce (3.30pm)
	3.2	Concept Plan Charlton Flood Levee Manager Emergency Management and Projects Coordinator (4.00pm)
	3.3	Saleyards and Truckwash Services Review (DW & TS)	Attachment
	3.4	Immunisation – Service Plan Summary (ADCP)	Attachment
4.	Items for Discussion
	4.1	Vic Roads Letter	Attachment
5.	Councillor Matters
6.	CEO Updates
	6.1 Buloke Overlay (ADCD)

Next Briefing:

Date and Time:	7 September 2016	Time: 5.00pm to 8.00pm
Location:	Charlton

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

7.2 Building Permits - Monthly Update

Author’s Title: Compliance Administration Officer

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

Attachments:

Nil

RECOMMENDATION

That Council notes information contained in the report on Building Permits approved by staff from 21 July 2016 to 31 August 2016.

1. Executive Summary

This report provides information on Building Permits approved by staff from 21 July 2016 to 31 August 2016.

2. List of Building Permits Approved by Council Surveyor

Permit No.	Address	Project Description	Value	Date Approved
20160036	548 Gretrix Road, TEDDYWADDY WEST	New Building: Garage/Storage Shed	$9,900	21/07/2016
20160037	Racecourse Road, DONALD	New Building: BBQ Shelter & Storage Shed	$18,000	21/07/2016
20160038	36 Dempsey Street, WYCHEPROOF	New Building: Shed	$9,800	21/07/2016
20160039	77 Wilsons Road, BUCKRABANYULE	New Building: Horse Stable	$5,000	21/07/2016
20160040	1A Walker Street, DONALD	Demolition: Demolition of existing depot at railway station	$30,000	21/07/2016
20160041	1A Walker Street, DONALD	Other: Relocatable Portable buildings at depot railway complex	$15,000	28/07/2016
20160042	22 King Street, BIRCHIP	Re-erect Building: Dwelling	$160,000	28/07/2016
20160043	340 Judds Road, CHARLTON	New Building: Hay Shed	$36,000	25/08/2016
20160044	7 McKenzie Crescent, WYCHEPROOF	New Building: Shed	$6,780	25/08/2016
20160045	9 Prospect Street, WYCHEPROOF	Extension: Awning extension to garage	$3,800	25/08/2016
20160046	15 Windsor Avenue, CHARLTON	New Building: Shed	$35,000	25/08/2016
20160047	34 Campbell Street, BIRCHIP	New Building: Garage/Carport	$22,057	25/08/2016
20160048	40 Church Street, BERRIWILLOCK	New Building: Repair/Replacement Fire damaged building	$130,196	25/08/2016

3. List of Building Permits Approved by Private Surveyors

Permit No.	Address	Project Description	Value	Date Approved

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

7.4 Application for Permit - To keep excess number of dogs at 21 Peel Street, Charlton

Author’s Title: Compliance Team Leader

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

Attachments:

1 Application for Permit

2 Objection Letter

3 Customer Service Complaint

RECOMMENDATION

That Council:

1. Refuses the application for a permit under Council’s Community Local Law No. 10 Clause 14(1) to keep one extra dog at 21 Peel Street, Charlton.

2. Issues a Notice to Comply to the permit holder to reduce the number of dogs on the property to the number permitted under the Community Local Law No.10 within 30 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 21 Peel Street, Charlton.

1. Executive Summary

Council has received a Local Laws application for a permit to allow the keeping of one (1) additional dog at 21 Peel Street, Charlton.

2. Discussion

The applicant requests an exemption from Council’s Local Law No. 10, Clause 14(1) to keep to keep one (1) extra dog at 21 Peel Street, Charlton.

Council’s has received a Customer Service Complaint (refer attachment) regarding the behaviour of the dogs in respect to the dogs being allowed to wander at large and rush at other dogs and pedestrians in the vicinity. Council’s Compliance Officer has spoken to the applicant regarding the control of the dogs and advised that the dogs must be contained on the property at all times. The applicant has been approached by Council’s Compliance Officer on previous occasions and is well aware of their responsibilities in respect to the keeping of animals.

3. Financial Implications

Nil

4. Cost Shift Considerations

Nil

5. Community Consultation

Following normal Local Laws procedures, Council has undertaken a survey that involved eight (8) neighbouring properties that may or could be affected by the activity. Landowners and residents were advised in writing to consider the application and also submit any objections to Council by the 19 July 2016. Council has received one signed objection from a landowner/resident who states that they are already experiencing issues with animals from the applicant’s address.

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

No internal consultation has taken place.

7. Legislative / Policy Implications

The application and decision making are 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

It is recommended that Council:

· Refuses the application for a permit under Council’s Community Local Law No. 10 Clause 14(1) to keep one extra dog at 21 Peel Street, Charlton,

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

· Determines, pursuant to clause 14 of Local Law No 10, that only two (2) cats and two (2) dogs may be kept at 21 Peel Street, Charlton.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

7.5 Application for Permit - Keeping excess number of Dogs at 186 Woods Street, Donald

Author’s Title: Compliance Team Leader

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

Attachments:

1 Application 186 Woods Street, Donald

2 Correspondence-objection resident

RECOMMENDATION

That Council approves the application to grant a permit under Council’s Community Local Law No. 10 Clause 14(2) to keep three (3) dogs at the address with the following conditions:

1. No more than three (3) dogs as described in application to be kept on the property.

2. All provisions of the “Domestic Animals Act 1994” are complied with.

3. All provisions of the “Buloke Shire Environmental Local Law No.10” as applying to animals are complied with.

4. No valid complaints are received relating to the keeping of the animals.

5. If any animal that is the subject of this permit, dies or is no longer kept for any reason they may not be replaced.

6. This permit is valid until 1 July 2019.

7. This permit may be revoked at any time at the discretion of the Buloke Shire Council or its authorised representative.

1. Executive Summary

Council has received a local laws application for a permit to allow the keeping of three (3) dogs on the property located at 186 Woods Street, Donald.

The applicants, P & G Coates, request an exemption from Council’s Local Law 10, Clause 14(2) to allow them to keep three (3) dogs on their property located at 186 Woods Street, Donald.

2. Discussion

The applicants request a permit to keep a third dog on the property for the following reason:-

· To be a replacement for an existing dog, “Ebonee”, which has an incurable medical condition that affects her spine. Advice from their veterinarian suggests that the dog will have a reduced lifespan due to the illness.

· Following community consultation, Council received one (1) signed item of correspondence stating that did not have issue with the keeping of a third dog on the property, however there appears to be an issue in respect to noise due to the dogs barking. The author has requested that a condition be included on the permit to control the barking nuisance.

3. Financial Implications

Nil

4. Cost Shift Considerations

Nil

5. Community Consultation

Following normal Local Laws procedures Council has undertaken a survey that involved five (5) neighbouring properties that may or could be affected by the activity. Landowners and residents were advised in writing to consider the application and also submit any objections to Council by the 15 July 2016. One (1) objection/correspondence was received.

6. Internal Consultation

No internal consultation has occurred.

7. Legislative / Policy Implications

The application and decision making is in keeping with Council’s Community Local Law No. 10 Clause 14(2).

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 approve the application and grant a permit under Council’s Community Local Law No. 10 Clause 14(2) to keep three (3) dogs at the address subject to the conditions contained in the recommendation.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

7.6 Application for Permit to keep a Miniature Pony at 48 Webster Street, Wycheproof.

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

sas

RECOMMENDATION

That Council:

1. Refuses the application for a permit under Council’s Community Local Law No. 10 Clause 14(1) to keep one (1) Miniature Pony at 48 Webster Street, Wycheproof.

2. Issues a Notice to Comply to the permit holder to remove the miniature pony from the property within 30 days of being notified of Council’s decision.

1. Executive Summary

Council has received a Local Laws application for a permit to allow the keeping of one Miniature Pony at 48 Webster Street, Wycheproof.

2. Discussion

The applicant requests an exemption from Council’s Local Law No. 10, Clause 14(1) to keep one (1) Miniature Pony at 48 Webster Street, Wycheproof. The applicant intends to keep the horse on the land.

Council’s records indicated that the size of the land is 0.182 of a hectare and is in a residential township zone.

Council Compliance staff, over a period of time, have dealt with owner/occupants of the property in respect to continuing complaints and breaches of the Domestic Animals Act and Community Local Laws.

These matters include:-

· Animals wandering at large.

· The keeping of unregistered animals.

· Dogs attacking other animals in vicinity.

· Illegally burning of matter.

· Noise from barking and undertaking renovation works on property at inappropriate times.

3. Financial Implications

Nil

4. Cost Shift Considerations

Nil

5. Community Consultation

Following normal Local Laws procedures, Council has undertaken a survey that involved 8 neighbouring properties that may or could be affected by the activity. Landowners and residents were advised in writing to consider the application and also submit any objections to Council by the 19 July 2016. Council has received one signed objection from a landowner/resident who states that they are already experiencing issues with animals from the applicant’s address.

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

6. Internal Consultation

No internal consultation has occurred.

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

It is recommended that Council Refuse the application for a permit under Council’s Community Local Law No. 10 Clause 14(1) to keep one (1) Miniature Pony at 48 Webster Street, Wycheproof and issues a Notice to Comply to the permit holder to remove the miniature pony from the property within 30 days of being notified of Council’s decision.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

8.2 Management Reports

8.2.1 Swimming Pool season 2016/17

Author’s Title: Coordinator Community Facilities

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

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. Sets the 2016/17 swimming pool season to operate from Friday 11 November 2016 until Monday 13 March 2017 for all seven swimming pools.

2. Writes to each pool committee, school and user group outlining the pool season dates.

3. Advertises the 2016/17 pool season dates in the local newspapers and displays them at each pool for the duration of the season.

4. Considers any requests for use outside the nominated dates against operational capacity and available budget.

1. Executive Summary

This report seeks Council approval to confirm the opening date of 11 November 2016 and the closing date of 13 March 2017 for the 2016/17 swimming pool season.

2. Discussion

Traditionally, Council has opened all seven swimming pools in the third week of November and closed them at the end of the second week in March. Generally the pools have opened on a Saturday, but due to feedback over the 2015/16 season this report recommends Council sets the swimming pool season to operate from Friday 11 November 2016 until Monday 13 March 2017.

These dates are the basis of the 2016/17 operational budget.

Based on consultation at the swimming pool committee forum held in Wycheproof on 2 August 2016, and Council’s Aquatic Strategy, there is a desire for longer operating seasons in specific circumstances.

An outcome from the pool committee forum, was the in-principle support from some committees to provide qualified volunteer lifeguards to support Council in keeping pools open at different times. These times may include early or later in the season, before or after the regular set opening hours or to extend the season to get more patronage and usage out of the facilities. Each request to alter hours or extend the season would be considered against Council’s budget and capacity to meet any additional costs.

The ongoing review and implementation of the recommendations from Council’s Aquatic Strategy and operational service reviews will continue to shape future season lengths beyond the 2016/17 pool season.

3. Financial Implications

The budget has been developed based on the recommended season length. Opening the pool season earlier or later than the proposed timeframe will cost approximately $370 per day (per pool, fully staffed) or approximately $130 per day unstaffed. This takes into account water, chemical and electrical costs as well as staff wages for cleaning and treating water.

4. Cost Shift Considerations

There are no cost shift considerations in this report.

5. Community Consultation

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

6. Internal Consultation

Internal consultation has occurred with senior management.

7. Legislative / Policy Implications

There are no legislative implications with these recommendations.

8. Environmental Sustainability

Altering the length of the season would increase electricity and water usage.

9. Conflict of Interest Considerations

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

10. Conclusion

Based on the information provided, it is recommended that the 2016/17 pool season operates from Friday 11 November 2016 until Monday 13 March 2017 at all seven swimming pools and requests for use outside these dates will be considered against the available budget.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

8.2.2 Sea Lake Council Office Proposal

Author’s Title: Coordinator Community Facilities

Department: Works and Technical Services File No: CP/08/31

Attachments:

Nil

Relevance to Council Plan 2015 - 2019

Strategic Objective: A local economy in which new business is actively encouraged; investment welcomed; employment created; business skills developed and local networks are supported.

RECOMMENDATION

That Council:

1. Gives in principle support to the proposal to call for expressions of interest from interested parties to lease the Sea Lake Shire Office.

2. Undertakes a 28 day consultation process under section 223 of the Local Government Act 1989 commencing Monday 24 October 2016 and considers submissions at a future Council meeting.

1. Executive Summary

The Sea Lake Municipal Office is no longer used for Council operations. This report proposes that Council undertake a community consultation process to gain community feedback before commencing a process to call for expression of interest to lease.

2. Discussion

The Sea Lake Municipal Office building is located at 65 Horace Street, Sea Lake. After changes within Council over the past two years, the office is no longer used for Council operations, with Sea Lake based employees now based out of the Sea Lake Depot. The building is on Crown Land, with Council as the committee of management.

Council has been approached by prospective investors interested in developing commercial or retail activities within the building. Due to the building’s location on the Calder Highway, and its position next to the Sea Lake Travellers Rest, there is potential for a business to capture passing tourists headed to Lake Tyrrell and Mildura.

Whilst some investors have indicated their interest in purchasing the building, investigations have highlighted the process within the State Government to dispose of Crown assets is lengthy. It is also focussed solely on financial return, with the proceeds returned to State Treasury and not the local community.

The building is currently utilised by Advance Sea Lake for meeting purposes, but due to a number of alternate meeting spaces in Sea Lake, the decision to lease is unlikely to have a significant impact on the committee. Initial discussions have been had with Advance Sea Lake who have provided support to the proposal, pending feedback from the wider community.

It is therefore recommended that Council commence the formal community consultation process in line with the Crown Land Reserves Act 1978 and the Local Government Act 1989 before calling expressions of interest in leasing the building. The consultation process will commence on Monday 24 October 2016.

3. Financial Implications

Currently Council is maintaining the building, including cleaning, utility and physical maintenance. Through leasing this building, operational costs to Council are reduced and income from the lease will be received.

4. Cost Shift Considerations

There are no cost shift considerations in this report.

5. Community Consultation

Advance Sea Lake have been advised of the proposed option to lease, and the report proposes a wider community consultation process, where community members are open to provide written submissions.

6. Internal Consultation

The Senior Management Team has been consulted in the development of the proposal.

7. Legislative / Policy Implications

Council has obligations under the Local Government Act 1989 and Crown Land Reserves Act 1978 in relation to leasing of community assets.

8. Environmental Sustainability

There are no environmental considerations applicable within this report.

9. Conflict of Interest Considerations

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

10. Conclusion

Considering the Sea Lake Municipal Office is underutilised, it is proposed Council seek opportunities to lease the asset to enhance economic and community interests in Sea Lake.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

8.2.3 Submission into the "Inquiry into the sustainability and operational challenges of Victoria's rural and regional councils."

Attachment 2 Buloke Shire Submission to Inquiry

Buloke Shire Council

Submission to Inquiry into the Sustainability and Operational Challenges of Victoria’s Rural and Regional Communities.

Introduction:

The Shire of Buloke is so concerned about this issue that it has convened and co-ordinated the RURAL LIVING Campaign for the past 18 months (see Rural Living Brochure attached).

In the recent past, the Buloke Shire Council reduced its expenditure to ensure it remained sustainable. This involved a review of all services, the development of efficiencies and, unfortunately, a reduction in some service levels.

A hard lesson that has been learned during this period of time is that the level of services that can be provided to rural residents is considerably less than those that can be provided to residents in more densely settled areas. This is especially inequitable for residents in large shires with small and declining populations. The lack of availability of these services results primarily from the much higher costs arising from their provision given a range of factors including:

Ø Lack of economies of scale

Ø Large distances and time required to deliver services.

Ø More people with lower incomes and other socio-economic factors.

Ø A higher proportion of aged people in the population.

Ø Lack of competition from service providers and suppliers.

Ø Difficulties in the recruitment of staff and skilled contractors.

Ø Frequent market failure resulting in premium prices for goods and services.

Ø Small population sizes and a consequent lack of capacity to pay for services.

Financial Capacity and Funding Structure

The Victorian and Commonwealth Governments need to provide a more equitable distribution of funding structured to enable the sustainable provision of a minimum set of service levels to rural Victorians.

Small rural shires have major barriers to their capacity to provide basic services to their residents. A number of reports have demonstrated this in the past, and local government has responded positively by focussing on improving efficiencies, sharing services, innovative service provision and enhanced management. A great deal of progress has been made, and continues to be made, with many of these shires reaching high levels of efficiency but the problem remains.

There comes a time when it becomes apparent the residents of these shires have been left with inferior services and poor community outcomes and liveability. The residents of these shires make a considerable contribution to the nation’s GDP, as well as paying rates, income tax and GST in the same manner as their metropolitan colleagues but do not receive the minimum level of services. They are the backbone of the nation’s highly innovative and successful agricultural industry. This is clearly inequitable.

This situation reflects poorly on the Victorian Local Government Sector, as the small rural municipalities created at amalgamation are not financially sustainable under the current funding models if they are to deliver a reasonable standard of services to their constituents.

The Local Government Act requires councils to “work in partnership with the Governments of Victoria and Australia” in order to “.. achieve the best outcomes for the local community” and to “.. improve the overall quality of life of the people in the municipal district.” This responsibility is not being met by these partners under the current fiscal arrangements.

The Whelan report into Local Government financial sustainability in 2010 and 2013 found that “A permanent, adequate, annual operating entitlement” was required to enable eighteen small rural councils in Victoria to remain financially viable (page 18, abridged report). This report proposed a total recurrent annual payment across these councils of $27 mill.

The Victorian Auditor-General’s Report of June 2013 on the “Organisational Sustainability of Small Councils” noted the increasing reliance of small shires on government grants. It also noted that “own-source revenue”, e.g. rates and charges, continued to decrease in proportion to the overall budgets of the small councils concerned (page viii, Findings). This trend is further evidence of the continued deterioration of the financial sustainability of small rural councils.

The provision of Financial Assistance Grants under the current structural arrangements, even before these were frozen, is not sufficient to address the disadvantage faced by small rural shires so that the minimum level of services can be provided by sustainable councils.

Responses to Terms of Reference:

a) Local Government Funding and Budgetary pressures:

As set out in the Whelan Report, eighteen small rural councils require additional financial support to remain financially viable. In 2013 this support was estimated at $27 mill p.a. An additional challenge also arises from a succession of state Governments having required Councils to pick up extra services via legislation without adequately funding them.

These factors mean that rural shires are faced with the decision of reducing services well below a reasonable level or seeing their infrastructure gaps continuing to increase. At Buloke we no longer provide youth services, community transport or SES support and have reduced our road network and cut customer service to the bone. This results in:

· A less responsive Council (eg natural disasters)

· Reduced economic development

· Reduction in the road network , and

· Less attraction of migration and investment.

b) Fairness, Equity and Adequacy of Rating Systems:

Victoria is becoming a two-tier country with those living in small rural shires not able to access a reasonable set of services and continually fighting to remain financially sustainable. This compares markedly with the plethora of services available to those in the cities; for which the ratepayers in those cities pay much less.

As an example, a ratepayer owning a $800,000 property in a well-to-do Melbourne suburb pays $900 p.a. in rates for a most comprehensive range of services including parks, in-door pools, auditoriums, concerts and sporting facilities along with access to excellent public transport. In Buloke the ratepayer for a property worth $800,000 pays $6,990 p.a. to receive less than half the services, has only one customer service outlet in 8,000 sq km, and an unsustainable road network. This is clearly unfair, especially when it is considered that these roads are critical to enable farmers to access markets with many councils struggling to maintain them at a level that is “fit for purpose”.

Rural people are realistic and don’t expect services at the same level as those provided in a city, but the disparity has become unworkable. Agriculture is vital to the health of our nation and is increasingly more efficient, but we are not providing a liveable environment for those working in the country. This cannot continue without serious ramifications.

c) Impact of Rate-Capping Policies:

Rate-capping is unlikely to have a significant effect on rural communities because they do not have the capacity to pay ever increasing rates in any case. Rural communities have already reached their capacity to pay.

Metropolitan Councils are less affected by rate-capping than rural shires as they have the capability to increase their income from other sources such as parking and facility entry fees. Rural Councils have no such ability and simply continue to get squeezed.

Rural Councils are now considering responses to the restraints on their income arising from rate-capping, the loss of asset related funding, continued cost shifting, the freezing of the Financial Assistance Grants and an ever reducing real level of grant funding. Some likely responses include, and have even commenced, with the removal of local government funding from SES, consideration of getting out of HACC funding, reducing revenue for library services, no longer funding the customer satisfaction survey, no longer funding school crossing supervisors and other services that are clearly state government responsibilities.

d) Capacity for Rural and Regional Councils to meet responsibilities for flood planning and preparation, and maintenance of flood mitigation infrastructure:

This is another instance of higher levels of government withdrawing from their responsibilities and cost shifting to local government. Councils are necessarily involved in flood planning and preparation but flood infrastructure and maintenance should be state based responsibilities. Flooding occurs across local government boundaries, is frequently beyond the capacity for Local Government to fund and has state wide impacts. Councils are now expected to fund a third of levy capital costs and to also provide the ongoing management and maintenance of infrastructure. Over the life of the infrastructure these costs are typically on a par with the total initial capital cost.

e) Maintenance of Local Road and Bridge networks:

This is where the impact of the lack of sustainability of small rural shires is clearest. Local road networks are being reduced and also maintained to lower service levels than ever before. At the same time the infrastructure gap is widening. This arises because Councils do not have the resources to keep their networks up to standard and are delaying maintenance in order to maintain more immediate services. This will come to a reckoning in the medium term.

f) Weed and Pest Animal Control:

The legislation was changed to make this a local government responsibility and the Victorian Government pays Buloke less than one tenth of the cost of undertaking this task. This funding is only on a year by year basis with no guarantee of future funding. Consequently, only the most urgent works are undertaken with no ability to respond to a weed or pest outbreak.

Local Government will certainly not be able to respond in any meaningful way to controlling weeds and pests and this has the potential for great risks for agriculture and production. Risks beyond local government response, but legislated as a local government responsibility, include landowner activity on Council’s local road network, GM contamination and the spread of noxious weeds.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

8.2.4 Proposal to undertake sale of Council Property

Author’s Title: Coordinator Community Facilities

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

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. Notes that a 28 day consultation period was undertaken for the sale of property and no submissions were received.

2. Proceeds with the sale process for 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 3 Milburns Road, Wycheproof.

3. Approves Council officers to undertake valuations of the properties and appoint an authorised real estate agent to conduct the sale process.

4. Authorises the Chief Executive Officer or his delegate to set a reserve price as per Section 189 of the Local Government Act 1989.

1. Executive Summary

This report updates Council on the proposal to sell nine properties and seeks approval to undertake valuations and engage an authorised real estate agent to conduct the sale process.

2. Discussion

At the July 2016 Ordinary Meeting of Council, it resolved to undertake the statutory consultation process for the proposed sale of nine Council properties:

- 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

- 3 Milburns Road, Wycheproof

As per Section 189 (3) of the Local Government Act 1989 (the Act), a consultation process was undertaken to allow the community to make a submission under Section 223 of the Act. At the conclusion of the consultation period, Council had received no submissions regarding its proposal to sell the abovementioned properties.

The Act requires Council to have an up-to-date valuation on the properties it proposes to sell and therefore it is proposed Council engage a valuer to provide valuations before the commencement of a sales process.

At the conclusion of the valuation process, it is proposed that a real estate agent is engaged to conduct the sales process on its behalf. The sale process, to be negotiated by the real estate agent, will take the form of either a public tender or public auction.

Taking into consideration the information provided, it is proposed Council endorse the sale of the nine properties within the requirements of the Act.

3. Financial Implications

Council’s budget identifies $15,000 in asset sales to be achieved for the 2016/17 budget. It is anticipated this will be realised through the sale of the proposed properties.

4. Cost Shift Considerations

There are no cost shift implications

5. Community Consultation

A 28 day consultation process has been undertaken which was advertised in the North Central News, Buloke Times and Sea Lake and Wycheproof Times Ensign with no submissions received. Council officers also wrote to adjoining property owners to advise them of the consultation process.

6. Internal Consultation

Senior Management has been consulted throughout the process.

7. Legislative / Policy Implications

Section 189 of the Act specifies the requirements to sell Council property. This process has been undertaken as per these requirements.

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 Council proceed with the sale of 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 3 Milburns Road, Wycheproof.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

8.2.5 Community Facilities - Equity and Transparency

Author’s Title: Director Corporate Services

Department: Corporate Services File No: XXX

Attachments:

Nil

Relevance to Council Plan 2015 - 2019

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

RECOMMENDATION

That Council adopts the following principles for application to community groups;

1. Each town should have one meeting place which is supported by Council regardless of ownership.

2. Where a group has exclusive use of a Council facility a lease arrangement will be put in place with standard conditions including that the tenant is responsible for all outgoings in relation to the building.

3. Where a group has a State governing body then full charges will be levied to the State governing body.

4. Similar groups will be treated the same

5. Council will only insure its own assets

1. Executive Summary

Over the past 12 months, Council has investigated how it offers subsidies to various community groups. This investigation has revealed that there is no consistent approach which leads to inequities. This report recommends a series of principles which if adopted, would create an equitable situation for all community groups. Council is also mindful of applying a user pays principle so that the general rate payer base is not subsidising the activities of some groups.

2. Discussion

At the Council meeting of August 2015 Council resolved the following;

‘That Council reviews all existing arrangements for the subsidy of rates and charges for Community, Recreation and Not-for-Profit Groups, and determines a set of criteria to be applied which results in an equitable and transparent system for all existing and potential groups.’

This was a result of the current arrangements being in place for some time and the differences between the arrangements leading to varied circumstances between groups within each township, as well as between similar groups from different townships.

The subsidies can be in the form of not charging for Council rates, Council paying for the collection of garbage and recyclables, Council paying the Fire Services Levy and Council insuring non-Council assets. In some instances however there are legislative exemptions such as Committees of Management of Crown Land being exempt from Council rates and the Fire Services Levy.

Similar types of groups can vary significantly depending on whether they utilise their own asset, a Council asset, or as mentioned previously, an asset situated on Crown Land.

The process commenced with identifying all potential groups and categorising them. Following the analysis of this data it was clear that inequities existed. This then led to the development of a series of principles which would be applied to address these inequities. In moving forward with these principles Council will commence discussions with the groups with the view that changes are put into place for the 2017/18 financial year.

Principle 1: Each town should have one meeting place which is supported by Council regardless of ownership.

Council recognises that for a community to remain vibrant and connected, that a meeting place is essential. Currently the meeting spaces in the various communities are a mix of Council owned buildings, Crown owned buildings and also Community owned buildings. Where communities are responsible for the day-to-day costs of their meeting spaces this can place a strain on their ability to maintain the space.

With this principle in place, Council will pay for the outgoings of these meeting places including the cost of Council rates and charges

Principle 2: Where a group has exclusive use of a Council facility a lease arrangement will be put in place with standard conditions including that the tenant is responsible for all outgoings in relation to the building.

Council has many buildings that are often underutilised. Historically many buildings were originally set up with only one user. There are some differences between the agreements that groups have for the use of these buildings. While some of these agreements have formal documentation, many do not. Consolidation of users into shared facilities will not only reduce the asset base that Council has to maintain but will also result in reduced outgoings.

Leases will be negotiated with groups who are the sole occupiers of a Council building. The lease documents will be standard with the obligations of both Council and the user.

Principle 3: Where a group has a State governing body then full charges will be levied to the State governing body

In some instances Council does not levy rates and charges to some groups which have a State governing body. Where a group does have a State governing body, full rates and charges will be applicable from the commencement of the 2017/18 year. An example of this is the scouting groups.

Principle 4: Similar groups will be treated the same

Currently similar groups in different towns can be treated differently in terms of subsidies received. It is important similar groups are treated equitably.

Principle 5: Council will only insure its own assets

Council’s insurance schedule contains many assets which are not Council’s. Council should remove non-council owned or controlled assets from the insurance listing. It is possible that some of these assets are also being insured by user groups. Council’s excess on claims is also probably at a level which would be too expensive if a group were to lodge a claim. The insurance schedule should also be kept up to date with asset details. Council is able to do this for our own assets but there is the risk in insuring other organisations assets that they will be under-insured.

All assets which are currently on the insurance policy have been insured until 30 June 2017. Following the adoption of these principles all groups will be advised that their insurance will cease as at 30 June 2017.

3. Financial Implications

The implementation of these principles will see some savings for council and some areas of further expenditure.

4. Cost Shift Considerations

There will be some cost shifts between the community and Council as a result of implementing this report. Council will bear some additional costs as will the community.

5. Community Consultation

Communication and consultation will occur with relevant groups following the adoption of the report.

6. Internal Consultation

Relevant Council departments have been consulted throughout the process and will continue to be involved in the implementation of this report.

7. Legislative / Policy Implications

There are no legislative implications from this report

8. Conflict of Interest Considerations

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

9. Conclusion

The implementation of this recommendation will see greater equity between community groups in all areas of Buloke Shire.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

8.2.6 VicRoads Community Priorities

Author’s Title: Director Works and Technical Services

Department: Works and Technical Services File No: xx

Attachments:

1 VicRoads letter

Relevance to Council Plan 2015 - 2019

Strategic Objective: Influencing governments to improve liveability for rural communities

RECOMMENDATION

That Council endorses the priority list of community-based projects and intersection improvement projects on VicRoads roads and lobbies the Victorian Government to fund these upgrades.

1. Executive Summary

On 4 August 2016, Mal Kersting, the Regional Director of VicRoads Northern Region wrote to Council outlining that they are investing in smaller, community focussed, transport related infrastructure projects in 2016/17. In the letter, VicRoads requested that Council submit a number of small-scale community priorities for funding consideration.

2. Discussion

There are a number of VicRoads projects that community members and township forums have discussed with Council over many years. Many of these are larger scale projects, such as fixing dangerous Y-intersections, whilst others are smaller streetscape upgrades to the township CBD.

Upon receiving the attached letter from VicRoads, staff reviewed a number of these community requests and community plans and developed the following priority list for smaller scale projects for funding.

Priority	Description
1	Birchip (Cumming Avenue reversing lane) and Donald (Woods Street parking) line marking works
2	Birchip five-ways intersection roundabout – approximate cost $400,000
3	Wycheproof pedestrian crossing upgrade
4	Birchip Corack & Donald Swan Hill Y intersection – approximate cost $250,000
5	Birchip - Sea Lake Road maintenance, alignment over the channel and shoulder sealing
6	Sunraysia Highway - Donald to Birchip - patching works and shoulder sealing
7	Patchewollock - Sea Lake Road shoulder sealing (particularly at crests)
8	Improved visitor and tourism signage (Tyrrell, Green Lake, information signs)
9	Wycheproof south wayside stop drainage works
10	Calder Highway roughness and rutting between Dumosa and Sea Lake
11	St Arnaud – Wycheproof Road roughness between Wooroonook and Gooroc

Whilst some of the above listed projects are directly from community plans, such as the Birchip five-ways intersection and reversing lane, most of these projects are concerned with the poor condition or safety of VicRoads roads. Funding for road roughness is not a high priority when VicRoads sets annual budgets, however it remains a key concern for motorists, particularly heavy freight. Council needs to continue advocating for a change to funding priorities to improve the ride quality of roads throughout the region.

In addition to the above list, Council has developed a list of dangerous intersections for VicRoads to consider for future funding.

Sea Lake – Swan Hill Road and Sea Lake Springfield Road intersection

Calder Highway and Patchewollock-Sea Lake Road intersection

Calder Highway and Ninda Turriff Road intersection

Calder Highway and Warne Road intersection

Calder Highway and Nullawil-Birchip Road (drainage and alignment)

Birchip - Wycheproof Road and Nullawil Birchip Road

Birchip – Sea Lake Road and Marlbed Curyo Road

Birchip – Wycheproof Road and Birchip – Dumosa Road

Donald - Swan Hill Road and Corack Wycheproof Road

Sunraysia Highway and Racecourse Road (Donald) (turning movements and rail alignment)

Sunraysia Highway and Devon Park Road

Sunraysia Highway and Swanwater North Road

Boort – Charlton Road and Charlton – Borung Road

Sunraysia Highway and Birchip - Rainbow Road

Many of these intersections are poorly designed Y-intersections that have poor sight distances and would have been eligible in the previous grey spot funding program. Unfortunately the grey spot program, which was a proactive funding program aimed to improve road safety, has now ceased. Funding is now prioritised for black-spots, which is a reactive program based on a history of casualty crashes.

These two lists have been submitted to VicRoads as submissions closed on 17 August 2016.

3. Financial Implications

No Council contribution has been committed to any of the priority projects identified.

4. Cost Shift Considerations

There are no cost shift considerations in this report.

5. Community Consultation

These projects have been derived from community plans, formal community requests and complaints and many years of speaking with local residents on the need to improve VicRoads roads.

Given the tight timeframe to provide an initial priority list, it was not possible to complete wide ranging consultation with the communities.

6. Internal Consultation

Staff from the Works and Technical Services Department and Community Development team have met to discuss these projects and collaborated in the establishment of the priorities.

7. Legislative / Policy Implications

There are no legislative or policy implications in this report.

8. Environmental Sustainability

There are no environmental sustainability considerations in this report.

9. Conflict of Interest Considerations

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

10. Conclusion

The projects identified within the report are extremely important to the liveability and aesthetic nature of our towns, improving visitation and tourism and providing a safer road network for road users. It is recommended that Council endorse the priority list and continue advocating for funding for these projects.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

8.2.7 Donald flood and drainage management plan mitigation treatments

Author’s Title: Manager Emergency and Project Coordination

Department: Works and Technical Services File No: DR/19/14

Attachments:

1 Donald Levee Alignment

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. Notes the progress on the Donald Flood Levee planning and design work.

2. Commences a community engagement program, including public presentation of the proposed Donald flood mitigation treatments in November 2016

3. Receives a further report following the community engagement program to consider proceeding to tendering for construction.

1. Executive Summary

This report is presented to Council to consider the progress on the Donald flood and drainage management mitigation levee and associated works. This report outlines levee design, community consultation, levee management responsibilities, negotiation for agreements with land owners along the levee alignment and recommendations to progress the project to construction.

2. Discussion

Consultants Price Merrett and Associates Pty Ltd, presented the Donald Flood and Drainage Management Plan Implementation Steering Committee (Donald PISC) with designs for the Donald flood and drainage mitigation levee and associated works (Donald mitigation treatments), including:

· Earthen levee 2(a) – Blair Street to Camp Street (437m)

· Earthen levee 2(b) – Camp Street to Sunraysia Highway (250m)

· Retaining wall levee 2(c) – Riverside Motel protection (62m)

· Temporary levees 2(d) – Sunraysia Highway, Meyer Island footpath and Camp Street (East) (67m)

· Earthen levee 3(a) – Goodwin Village (163m)

· Retaining wall levee 3(b) – Goodwin Village (53m)

· Earthen levee 3(c) – 17 Camp Street (90m)

· Temporary levee 3(d)– Camp Street (West) (26m)

Structural works design

The Donald mitigation treatments provide for protection from the 1% annual exceedance probability (AEP) of a 100 year average recurrence interval (ARI) flood level event. The levee is designed in accordance with the Levee Management Guidelines 2015, allowing for 600mm freeboard above the design flood water level. Whilst it is anticipated that the freeboard may contain the additional floodwater (approximately 300mm) experienced in the January 2011 event (i.e. similar to 0.5% AEP (200 year ARI), the levee design is designed for the 1% or 100 year flood level event.

The proposed design of the flood protection levee will include earthen levee and retaining wall structures. The proposal outlines that the levee will have gaps in two sections of Camp Street that will need to be filled with temporary earthen levees in the lead up to flood events.

The design has considered the following strategic documents:

· Donald flood study

· NCCMA – Donald Flood and Drainage Management Plan (2014)

· Relevant Standards (e.g. soil classification, compaction etc.)

· Levee Management Guidelines (2015)

Land use

There are key risks associated with the construction and management of levee banks in urban areas. A risk analysis of the proposed levee design and alignment identified the following considerations:

· The proposed alignment takes the levee over crown land. The State Government will need to confirm Council as the responsible committee of management for that section(s) of the levee.

· Where the proposed levee alignment takes the levee over private land with only private benefit, this will require written agreement (Planning and Environment Act - Section 173) for the land owner to be responsible for management of that section of levee.

· Where the proposed levee alignment takes the levee over private land with community benefit and where private use is lost (e.g. fenced off to prevent stock damage to the levee), this will require Council acquisition of the land with Council to be responsible for management for that section of the levee.

· Where the proposed levee alignment takes the levee over private land with community benefit with private or limited private use and the land must be accessible for external management of the levee, this will require creation of easements with Council responsible for management of that section of the levee.

A Land Use Activity Agreement (LUAA) will need to be reached with Dja Dja Wurrung Aboriginal Clans Corporation, including compensation for Native Title release.

Land owner compensation for community benefit land acquisition or land use will require further consideration, including land valuations and acquisition or compensation agreements.

Cost analysis

The total project budget for this project is $1,000,000 and all external funding for the project has been confirmed. Approximately $175,000 has been spent on assessment, design, project management and consultation to-date, and the engineer’s estimate for the construction phase is $825,000. This will see the project delivered within the budget.

Ongoing average maintenance costs of the levee are estimated to be a minimum of $10,000 per annum, yet further analysis will be completed in the next month to verify this cost.

Community engagement

Before Council proceeds to tendering the project, a detailed community engagement plan will be completed in Donald to ensure the community understands the project and the full scope of the proposed works. In particular, the amenity impact along the Byrne Street walking track will be considerable and the height of the levee at the Camp Street bridge is significant. A community engagement plan will be developed and implemented for the project.

Total flood warning

Total Flood Warning Systems (TFWS) maximise the effectiveness of flood responses by the community and emergency service agencies.

Council representatives met with the Bureau of Meteorology (BOM), Department Environment, Land, Water and Planning (DELWP), VicSES, North Central Catchment Management Authority (NCCMA) and Wimmera Catchment Management Authority (WCMA) to negotiate flood warning and prediction services for the high risk community of Donald and surrounds. BOM are investigating existing and new infrastructure required to provide a TFWS to provide flood warning and prediction services (10 hours prior to onset). The TFWS must be adequate to allow sufficient time to establish the temporary clay levees (e.g. Camp Street, east and west of the Richardson River) prior to onset of floodwater.

DELWP have confirmed capital costs for new infrastructure (e.g. rain and river gauges) will be covered by the State Government but operating costs must be met by beneficiaries as part of a Water Monitoring Partnership. Beneficiaries are seen as Water Authorities (water management), CMAs (water health) and Councils (community benefit). The full cost of the TFWS is not yet known.

3. Financial Implications

A rapid appraisal method was used to calculate existing condition average annual damages to the township of $67,823 (i.e. if no action is taken). Undertaking the proposed works for levees 2 and 3 will reduce flooding within the township and reduce the annual average damage to the township by $41,410.

Budget - Capital

INCOME		ESTIMATES
Commonwealth Government	318,875	Design	146, 887
State Government	588,625	Consultation	2,506
Council/Contributions	92,500	Construction	589,162
		Contingencies	117,832
		Variations	48,000
		Superintendence	66,000
		Project management	29,613
TOTALS	1,000,000	TOTALS	1,000,000

Estimated operational costs

Project and program management	100
Levee monitoring	260
Levee testing	288
Routine levee maintenance	7,461
Routine drainage maintenance	120
Contingencies (20%)	1,646
TOTALS	9,875

4. Cost Shift Considerations

The annual costs for ongoing operation and maintenance costs are likely to be predominantly paid for by Council, whilst some private land owners who benefit are likely to be required to assist with inspections and maintenance. This may include an agreement with Goodwin Village to document roles and responsibilities in managing the levee.

5. Community Consultation

Extensive consultation has been carried out with the Donald PISC and property owners along the levee alignment, including Riverside Motel and Johnson Goodwin Homes.

It is now proposed to complete a community engagement program, including providing a public display in Donald and on Council’s website. Poles displaying proposed levee heights will be installed at prominent locations.

6. Internal Consultation

Consultation continues with planning, assets and works in the Works and Technical Services Department and the Community Development Department; and municipal emergency management and flood emergency planning committees.

7. Legislative / Policy Implications

The Donald Mitigation treatments shall be carried out in accordance with:

· Native Title Act 1993

· Traditional Owner Settlement Act 2010

· Catchment and Land Protection Act 1994

· Aboriginal Heritage Act 2006

· Water Act 1989

· Flora and Fauna Guarantee Act 1988

· Environment Protection and Biodiversity Conservation Act 1999

· Planning and Environment Act 1987

· Mineral Resources (Sustainable Development) Act 1990

· Emergency Management Act (1986) (2013)

· Municipal Emergency Management Plan

· Municipal Flood Emergency Plan

· VicRoads

o Road Zone Category 1

· North Central Catchment Management Authority and Grampians Wimmera Mallee Water approvals and permits

o Land subject to inundation

o Floodway overlay

o Authority to work in waterways permit

· Department Environment, Land, Water and Planning (DELWP)

o Environmental Significance overlay Schedule 1

o Management responsibility for construction and maintenance of levees on crown land, including reservation and appointment of suitable party (eg Council) as committee of management

o Dja Dja Wurrung Clans Aboriginal Corporation negotiation B Activity

o Native vegetation removal removal/tree retention zone planning permits

o Works on Crown Land zoned Public Conservation and Resource Zone (PCRZ) not being undertaken by the Public Land Manager planning permit (including Public Land Manager written consent and application in full to enable investigation into the issue of Public Land Managers Consent)

o Consideration for reservation of area(s) of public land for the purpose of levees

o Protected Flora Licence or Permits

o Native vegetation likely to be affected to be checked against the Protected Flora List (DELWP 2014) to determine whether FFG approvals are required

o Site Environmental Management Plan

o Levee Management Guidelines (2015)

o Victorian Floodplain Management Strategy (2016)

· Department Economic Development, Jobs, Transport and Resources (DEDJTR)

o Depending on where the fill for any levee works is being obtained, may trigger additional approvals

· Utility authorities

o Dial before you dig

o Road opening permits

o Traffic management strategy approvals

· Buloke Shire Council planning approvals and permits

o Commercial 1 Zone

o Public Conservation and Resource Zone

o Road opening permits

o Traffic management strategies approvals

8. Environmental Sustainability

Cultural heritage, environmental, ecological and biodiversity assessments have been undertaken by Sunraysia Environmental and Landskape Heritage Management. Vegetation offsets will be provided as result of necessary vegetation removal.

9. Conflict of Interest Considerations

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

10. Conclusion

The plans and cost estimates for the Donald flood mitigation treatments have progressed and are now at a stage where further community consultation is required. A further report to Council is proposed for November following public presentation of the proposed Donald flood mitigation treatments.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

8.2.8 Charlton flood and drainage management plan mitigation treatments

Author’s Title: Manager Emergency and Project Coordination

Department: Works and Technical Services File No: DR/19/15

Attachments:

1 Charlton levee alignment plan

Relevance to Council Plan 2015 - 2019

RECOMMENDATION

That Council:

1. Notes the progress on the Charlton Flood Levee planning and design work and the preliminary engineering cost estimate of $7.8 million.

2. Writes to DELWP to outline Council’s limitations in funding this project and requests that the State and Commonwealth Government consider fully funding the project.

3. Investigates the applicability, feasibility and support for a special rating scheme for beneficiaries of the proposed levee for the community to fund the remainder of the scheme, as part of the wider community engagement program in November 2016.

4. Proceeds with public presentation and community consultation on the proposed Charlton flood mitigation treatments in November 2016.

5. Subject to the community consultation, proceeds with final design of the Charlton flood mitigation treatments.

1. Executive Summary

This report is presented to Council to consider the progress of the planning work for Charlton flood and drainage management levee and associated works. This report outlines levee design, community consultation, levee management responsibilities and negotiation for agreements with land owners along the levee alignment. The report highlights the high cost of construction and Council’s inability to fund the project. It proposes that Council advocates for further funding from the State and Commonwealth Governments as well as investigating funding options for the remainder by the community to consider, as part of the wider community engagement plan.

2. Discussion

Consultants Cardno Victoria Pty Ltd, presented concept plans for the Charlton flood and drainage mitigation levee and associated works (Charlton Mitigation treatments) to Council and the Charlton Flood and Drainage Management Plan Implementation Steering Committee (Charlton PISC), including:

· Earthen levee (5,200m)

· Retaining wall levee (500m)

· Demountable temporary levees (60m)

· Sandbag temporary levees (50m)

· Urban drainage interface (throughout the levee)

Structural works design

The Charlton mitigation treatments provide for protection from the 0.5% annual exceedance probability (AEP) of a 200 year average recurrence interval (ARI) flood level event. The levee is designed in accordance with the Levee Management Guidelines 2015, allowing for 600mm freeboard above the design flood water level.

The design has considered the following strategic documents:

· NCCMA - Charlton flood study

· NCCMA – Charlton flood and drainage management study

· Relevant Standards (e.g. soil classification, compaction etc.)

· Levee Management Guidelines (2015)

Land use

There are key risks associated with the construction and management of levee banks in urban areas. A risk analysis of the proposed levee design and alignment identified the following considerations:

· Where the proposed alignment takes the levee over crown land. The State Government will need to confirm Council as the responsible committee of management for that section(s) of the levee.

A Land Use Activity Agreement (LUAA) will need to be reached with Dja Dja Wurrung Aboriginal Clans Corporation, including compensation for Native Title release.

Land owner compensation for community benefit land acquisition or land use will require further consideration, including land valuations and acquisition or compensation agreements.

Cost analysis

Council has received $250,000 for the development of detailed designs and feasibility study of the Charlton levee project.

Whilst full construction plans have not yet been completed, the cost estimates provided by engineering consultancy firm Cardno outline that it will cost $7.8 million to construct the levee.

ESTIMATES
Design	179,500
Consultation	5,000
Construction	6,635,659
Contingencies (10%)	663,566
Land acquisition	20,000
Superintendence	75,400
Project management	185,026
TOTALS	$7,764,151

Typically, councils are required to contribute 33% of funding for urban levees, with the Victorian and Commonwealth governments contributing the balance. This would equate to $2.6 million. Given Council’s proposed annual contribution toward its full capital program is $2.0 million for the next 3 years, it is clear that Council is not able to fund the project through its usual rate revenue, without severely impacting on other core assets such as roads, buildings and pools. It would also leave Council incapable of matching grants to leverage funding for projects from other sources.

To address this, it is proposed that Council request the Victorian and Commonwealth governments to consider our capacity to contribute this amount. Council could also investigate the applicability, feasibility and support for a special rating scheme for beneficiaries of the proposed levee. In this approach to funding, residents and businesses who benefit from the levee can be charged an special charge to cover the capital cost of the project. This proposal is used by many councils in upgrading local roads. A significant amount of community consultation would be required for this.

Ongoing average maintenance costs of the levee are estimated to be $70 thousand per annum.

Project and program management	100
Levee monitoring	1,120
Levee testing	660
Routine levee maintenance	54,641
Routine drainage maintenance	1,500
Contingencies (20%)	11,604
TOTALS	$69,625

Community engagement

Before Council proceeds to the next stage of design and commitment to the project, a detailed community engagement plan will be completed in Charlton to ensure the community has full knowledge of the project and the full scope of the proposed works. In particular, the amenity impact around the river will be considerable and the height of the levee is very significant. A community engagement plan will be developed and implemented for the project.

Total Flood Warning

Total Flood Warning Systems (TFWS) maximise the effectiveness of flood responses by the community and emergency service agencies.

Council representatives met with the Bureau of Meteorology (BOM), Department Environment, Land, Water and Planning (DELWP), VicSES, North Central Catchment Management Authority (NCCMA) and Wimmera Catchment Management Authority (WCMA) to negotiate flood warning and prediction services for the high risk communities of Charlton, Coonooer Bridge and surrounds. BOM are investigating existing and new infrastructure required to provide a TFWS to provide flood warning and prediction services (10 hours prior to onset). The TFWS must be adequate to allow sufficient time to establish the temporary levees (e.g. Charlton-St Arnaud Road, Back St Arnaud Road, Travellers Rest) prior to onset of floodwater.

DELWP confirm capital costs for new infrastructure (e.g. rain and river gauges) will be covered by the State Government but operating costs must be met by beneficiaries as part of a Water Monitoring Partnership. Beneficiaries are seen as Water Authorities (water management), CMAs (water health) and Councils (community benefit).

3. Financial Implications

A rapid appraisal method was used to calculate existing condition average annual damages (AAD) of $1,208,000 (i.e. if no action is taken).

For projects of this size, government agencies will typically undertake economic modelling to consider the benefit of the project against the cost. Undertaking the proposed works for the town levee, Charlton-St Arnaud Road floodway and minor urban drainage improvements will significantly reduce the AAD as identified in the benefit-cost ratio 0.91. This means that every dollar invested is estimated to realise a benefit of $0.91. Typically governments will consider investing in projects with a benefit-cost ratio of over 1, and therefore the increased capital cost represents a key risk for the project.

Budget – Capital

The capital cost estimate of $7.8 million would be one of the largest capital projects that Council has ever completed. Council does not have funds set aside for this project in its forward capital budgets and would need the Victorian and Commonwealth governments to contribute a greater proportion if the project were to proceed. Funding from the community beneficiaries will also be necessary. Council need to also consider other capital funding strategies such as special charge schemes.

Budget – Capital Works

ESTIMATES
Design	179,500
Consultation	5,000
Construction	6,635,659
Contingencies (10%)	663,566
Land acquisition	20,000
Superintendence	75,400
Project management	185,026
TOTALS	$7,764,151

Budget – Recurrent Operating

Project and program management	100
Levee monitoring	1,120
Levee testing	660
Routine levee maintenance	54,641
Routine drainage maintenance	1,500
Contingencies (20%)	11,604
TOTALS	$69,625

In earlier discussions with the community steering committee, as well as feedback from the consultation phase of the initial plan, the community indicated they were concerned about the impact this project will have on increasing Council rates.

4. Cost Shift Considerations

The annual costs for ongoing operation and maintenance costs will be paid by Council.

5. Community Consultation

Extensive consultation has been carried out with the Charlton PISC and property owners along the levee alignment. It is now proposed to complete a full community engagement plan on the proposed alignment and cost implications. This will include public display in Charlton and on Councils website as well as poles displaying proposed levee heights installed at prominent locations.

6. Internal Consultation

Consultation continues with planning, assets and works department; and municipal emergency management and flood emergency planning committees.

7. Legislative / Policy Implications

The Charlton Mitigation treatments shall be carried out in accordance with:

· Native Title Act 1993

· Traditional Owner Settlement Act 2010

· Catchment and Land Protection Act 1994

· Aboriginal Heritage Act 2006

· Water Act 1989

· Flora and Fauna Guarantee Act 1988

· Environment Protection and Biodiversity Conservation Act 1999

· Planning and Environment Act 1987

· Mineral Resources (Sustainable Development) Act 1990

· Emergency Management Act (1986) (2013)

· Municipal Emergency Management Plan

· Municipal Flood Emergency Plan

· VicRoads

o Road Zone Category 1

· North Central Catchment Management Authority and Grampians Wimmera Mallee Water approvals and permits

o Land subject to inundation

o Floodway overlay

o Authority to work in waterways permit

· Department Environment, Land, Water and Planning (DELWP)

o Environmental Significance overlay Schedule 1

o Management responsibility for construction and maintenance of levees on crown land, including reservation and appointment of suitable party (eg Council) as committee of management

o Dja Dja Wurrung Clans Aboriginal Corporation negotiation B Activity

o Native vegetation removal removal/tree retention zone planning permits

o Consideration for reservation of area(s) of public land for the purpose of levees

o Protected Flora Licence or Permits

o Native vegetation likely to be affected to be checked against the Protected Flora List (DELWP 2014) to determine whether FFG approvals are required

o Site Environmental Management Plan

o Levee Management Guidelines (2015)

o Victorian Floodplain Management Strategy (2016)

· Department Economic Development, Jobs, Transport and Resources (DEDJTR)

o Depending on where the fill for any levee works is being obtained, may trigger additional approvals

· Utility authorities

o Dial before you dig

o Road opening permits

o Traffic management strategy approvals

· Buloke Shire Council planning approvals and permits

o Commercial 1 Zone

o Public Conservation and Resource Zone

o Road opening permits

o Traffic management strategies approvals

8. Environmental Sustainability

Cultural heritage, environmental, ecological and biodiversity assessments have been undertaken by Red-Gum Environmental Consulting. A voluntary Cultural Heritage Management Plan has been prepared for this project, with standard and complex assessments undertaken. Vegetation offsets will be provided as result of necessary vegetation removal.

9. Conflict of Interest Considerations

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

10. Conclusion

The plans and cost estimates for the Charlton flood mitigation treatments have progressed and are now at a stage where further community consultation is required. A further report to Council is proposed following public consultation on the proposed Charlton flood mitigation treatments.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

8.2.9 Local Government Act Review Directions Paper Submission

Author’s Title: Director Works and Technical Services

Department: Works and Technical Services File No: x

Attachments:

1 LG Act Review Submission

Relevance to Council Plan 2015 - 2019

Strategic Objective: Influencing governments to improve liveability for rural communities

RECOMMENDATION

That Council:

1. Adopts attachment 1 to this report as its submission to the Local Government Act Review Directions Paper.

2. Forwards a copy of the submission to Local Government Victoria.

1. Executive Summary

In August 2015, the Minister for Local Government, the Hon. Natalie Hutchins MP, announced a review of the Act would be conducted by Local Government Victoria (LGV) with advice from an advisory committee of local government experts, including former Chief Executive Officers, Mayors and Councillors.

The Act establishes the constitutional, electoral and operational arrangements for local government in Victoria.

The aims of the review are to:

· Revitalise local democracy;

· Support innovative, collaborative and efficient councils; and

· Create an easy-to-read, accessible Act.

This report proposes that councils make a submission to Local Government Victoria based on the extensive review in the Directions Paper

2. Discussion

The review of the Local Government Act 1989 was a major election commitment of the Victorian Government. The Act is now outdated and the sector has sought its reform for some time.

While the review provides the opportunity to address the Act's technical shortcomings and lack of coherence, this directions paper goes further. The aims of the review; democracy; innovative, collaborative and efficient councils and an easy-to-read Act provide an organising framework for the paper and each of the reform directions attempts to resonate with one or more of these themes.

Whilst the review includes 157 individual directions, the following table outlines the major reform areas.

No.	Major reform direction	Part	Principle(s)
1	Mayors leading councils: Enable a mayor to provide greater leadership to their council by having two-year terms and extending their powers and responsibilities.	Revitalising local democracy	2
2	Consistent representative structures: Improve the consistency of council representative structures by establishing a consistent formula for determining councillor numbers and having councils unsubdivided or consisting entirely of uniform multi-member wards.	Revitalising local democracy	1, 2
3	Consistent, simpler voting arrangements: Simplify voting arrangements for council elections by using the state roll to determine eligible voters (except in the City of Melbourne), introducing partial preferential voting and having a consistent voting method for all council elections determined by the minister.	Revitalising local democracy	1, 2
4	Deliberative community engagement: Require councils to undertake a deliberative community engagement process before adopting a four-year council plan by December of the year after their election.	Revitalising local democracy	1, 2, 4
5	Integrated, strategic planning and reporting: Require councils to have an integrated strategic planning and reporting framework including (as well as the four-year council plan) a 10-year community plan, 10-year financial plan and 10-year asset plan.	Revitalising local democracy	2, 3, 4
6	Effective ministerial intervention: Strengthen the minister's powers to deal with individual councillors who are contributing to or causing serious governance failures at a council.	Revitalising local democracy	2, 3
7	Transparent CEO employment and performance: Require all councils to have a CEO remuneration policy and to have an independent advisory mechanism to guide recruitment, contractual arrangements and performance monitoring of CEOs.	Innovative, collaborative and efficient councils	3
8	Power to innovate and collaborate: Improve the financial sustainability of councils and strengthen their capacity to be innovative and to undertake collaborative activities.	Innovative, collaborative and efficient councils	3, 4
9	A consistent rating system: Establish a single method for valuing land for rates, modernise exemptions from rates and increase transparency in the levying of differential rates.	Innovative, collaborative and efficient councils	1, 3
10	Autonomous decision-making balanced by a principle-based Act: Extend autonomy to councils by deregulating council decision-making processes and replacing them with high-level principles requiring transparency and accountability.	Innovative, collaborative and efficient councils; An easy-to-read, accessible Act	3, 4, 5

The draft submission to the Directions Paper is Attachment 1 to this report.

In general, Council largely supports the Local Government Act Review Directions Paper – Act for the Future, and agrees that the current Act requires modernising. Council acknowledges the focus on improving transparency and improving integrated financial and community planning.

Council also agrees with the aims and principles outlined in the Directions Paper and endorses the overarching intent. However, there are key concerns that Principle 3: ‘reduce the administrative burden’ is directly contradicted through many of the individual directions, which serve to increase the administrative requirements on councils.

Some of the key recommendations and themes of the submission include:

· There are many directions that have cost implications, such as enhanced role of audit and risk committee and enhanced allowances to Mayors and Deputy Mayors, which will put increased strain on the financial resources of small rural councils. As such, funding for small councils for the implementation should be considered if the review is introduced.

· Councils should be able to determine if a mayor serves one or two year terms.

· The appointment of a deputy mayor should remain optional.

· Council as a whole, rather than the mayor, should appoint delegates to committees.

· Council supports the current non-uniform, multi-member ward structure and would not support a decrease in councillor numbers below seven.

· The Council Plan should be developed by 30 June in the year immediately following an election, rather than the proposed extension to fourteen months.

· The Fair Go Rates System legislation should not be incorporated into the act as it directly contradicts the principle of council autonomy.

· Council supports the requirement of integrated ten year community plans, asset plans and financial plans but the state government should provide resources to assist in the initial development these plans.

· The annual report on the progress of the council plan should be done at an ordinary meeting, rather than an annual general meeting as proposed.

· Council considers fixing the municipal charge in legislation to be too prescriptive and not in line with the principles of the wider review, which includes giving councils greater autonomy.

In making the submission, it is acknowledged that many of the changes will have a positive impact on the sector performance and the effective running of municipalities.

3. Financial Implications

The submission highlights that the new Act are likely to come at an increased financial cost, which may be at the detriment to other community services.

4. Cost Shift Considerations

The directions paper has a number of cost implications for Council and has the potential to increase the cost of effective administration. The submission outlines that if these directions are implemented, the state government should consider the financial resourcing of small rural councils, particularly in the formative years.

5. Community Consultation

The review of the Act is currently out for public comment. Community members and groups can make submissions at any time until 16 September.

6. Internal Consultation

The Senior Management Team have provided input into the submission and this report.

7. Legislative / Policy Implications

The legislative structure proposed in the Directions Paper is:

· Act – Designed to be enabling, with principle-based obligations

· Regulations – Would contain any prescriptive requirements

· Guidelines – Ministerial guidelines would be issued on key aspects of the Act and Regulations, focusing on best practice processes and examples.

8. Environmental Sustainability

There are no environmental sustainability concerns in this report.

9. Conflict of Interest Considerations

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

10. Conclusion

Providing a submission to this review is important and it is essential that the implications on small rural councils such as Buloke are well considered. The attached submission outlines the concerns of Council and highlights that if the directions are implemented, additional funding is required to resource the additional requirements.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

8.2.10 Construction of Charlton-St Arnaud Road Floodway

Author’s Title: Director Works and Technical Services

Department: Works and Technical Services File No: DR/19/05

Attachments:

Nil

Relevance to Council Plan 2015 - 2019

Strategic Objective: Influencing governments to improve liveability for rural communities

RECOMMENDATION

That Council notes the progress on the construction of the Charlton-St Arnaud Road floodway.

1. Executive Summary

This report is presented to Council to provide an update on the construction of the Charlton-St Arnaud Road floodway as part of the implementation of the Charlton Flood and Drainage Management Implementation Plan.

2. Discussion

Following the completion of the Charlton Flood and Drainage Management Implementation Plan, Council worked with VicRoads and the North Central Catchment Management Authority to apply for $500,000 towards the construction of the Charlton-St Arnaud Road floodway. The maximum allocation of $500,000 was provided, which was in line with the VicRoads original estimate for the works.

Given the Charlton-St Arnaud Road is a VicRoads asset, the staff at the VicRoads Northern Region office are directly managing this project. In recent months, VicRoads have completed full construction plans and specifications, an environmental assessment and cultural heritage management assessment, lodged a planning permit and completed an engineer’s estimate.

However, the engineers estimate for the works is now $800,000, which is $300,000 over the grant amount and total budget. VicRoads Northern Region have reviewed the designs, and any compromise on the current design may compromise the proposed flow of water and performance of the asset and flood mitigation solution.

VicRoads Northern Region has committed $100,000 toward the project and wrote to the Hon Lisa Neville MLA, Minister for Water, in late July to consider providing the additional $200,000 required to complete the project. An acknowledgement letter has been received, stating that members of the Department of Environment, Land, Water and Planning (DELWP) will review the request.

Meetings have since been held with DELWP and VicRoads to reinforce the importance of the project to the Charlton community and outline the urgent requirement for the shortfall to be funded. DELWP have indicated that we are likely to receive a response from the Minister for Water within the next month.

If funding is received shortly, VicRoads have indicated that works are likely to be completed by March/April 2017.

3. Financial Implications

Council is working closely with state government agencies to address the funding shortfall for this important community project. Currently, the project requires $200,000 of additional funding to proceed.

4. Cost Shift Considerations

There are no cost shift considerations in the report.

5. Community Consultation

No community consultation was undertaken in the development of this report, however the development of the Charlton Flood and Drainage Mitigation Plan had a thorough community engagement process.

6. Internal Consultation

Staff from Council’s Works and Technical Services Department have provided input into the development of this report.

7. Legislative / Policy Implications

Nil.

8. Environmental Sustainability

An environmental impact analysis has been completed by VicRoads and will be submitted as part of the application for a planning permit.

9. Conflict of Interest Considerations

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

10. Conclusion

The construction of the Charlton-St Arnaud Road floodway has been identified as a very important project for the Charlton community and forms part of the flood mitigation treatments for the region. Council will continue to lobby and partner with the state government to see this project completed.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

8.2.12 Advocacy on NBN options for Buloke Shire

Author’s Title: Acting Director Community Development

Department: Planning and Community Support File No: ED/10/01

Attachments:

Nil

Relevance to Council Plan 2015 - 2019

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

RECOMMENDATION

That Council:

1. Advocates for the following set of internet service levels across Buloke Shire:

Ø Townships with populations in excess of 1,000 to be provided with fibre to the node, and

Ø Township with populations from 200 to 1,000 to be provided with a wireless transmission tower.

Ø The remainder of the Shire to be provided with satellite internet services with costs equivalent to the provision of wireless and fibre services and no download restriction.

2. Assists Buloke communities with their advocacy activities.

1. Executive Summary

It is important that Buloke Shire Council advocates on behalf of the Buloke community for the best possible service delivery by NBN Co of internet infrastructure. In addition it is important that Council provides its community with the tools to mobilise their own advocacy activities.

2. Discussion

The schedule for NBN Co roll out has been a moving beast and decisions, in relation to the type of technology each area in Buloke will receive, have been made without significant consultation about community needs.

The technology options intended for Buloke include; fibre to the node, wireless and satellite.

NBN Co have indicated it intends to provide the following infrastructure in Buloke:

· Charlton – NBN had proposed that Charlton would have wireless internet services, however recent information indicates that Charlton may be upgraded to fibre to the node technology.

· Donald – NBN had proposed that Donald would have fibre to the node internet services, however recent information indicates that Donald may only be provided with wireless. Currently a wireless transmission tower provides the outer area of Donald township with access to internet services.

· Watchem - currently provided with a wireless transmission tower

· Birchip – currently provided with a wireless transmission tower

· Wycheproof- currently provided with a wireless transmission tower

· Remainder of Shire including Sea Lake – NBN propose that the remainder of the Shire be serviced by satellite internet services. The cost of utilising satellite internet services is expected to far more than equivalent wireless and fibre technology with lower download limits.

It is considered that Buloke Shire Council and its communities need to strongly advocate for consistency and equity in the roll-out of internet infrastructure based on services no less than:

Ø Townships with populations in excess of 1,000 to be provided with fibre to the node, and

Ø Township with populations from 200 to 1,000 to be provided with a wireless transmission tower.

Ø The remainder of the Shire to be provided with satellite internet services with costs equivalent to the provision of wireless and fibre services and no download restriction.

These minimum service levels would be consistent with the objectives of the RURAL LIVING campaign. They also recognise the economic development that will be further assisted from connectivity including the current growth in tourism at Lake Tyrrell, big data advancements in agriculture and e-commute opportunities to sustain township populations.

The integration of connectivity into all facets of life including health, education, agricultural, business and general social connectedness can overcome many of the limitations arising from living in rural areas. This is a critical and much needed response to address the many disadvantages imposed on these residents. It is crucial that Buloke Council helps its communities to get the best service possible, not just the service that NBN Co has determined with little or no consultation.

In addition to Council advocating for these internet infrastructure service levels across the shire, it is important that communities are mobilised to advocate on their own behalf. Council has a significant role in assisting them in these efforts.

3. Financial Implications

There are no financial significant implications for Council in advocating for improved NBN Co outcomes for Buloke Shire.

There are financial implications for the wider Buloke community if the better, more suitable internet options are not implemented. This extends to ensuring that rural customers have equitable access to satellite.

4. Cost Shift Considerations

There are no cost shift considerations.

5. Community Consultation

There has been minimal community consultation undertaken by NBN Co within communities.

6. Internal Consultation

Economic and community development officers have met with representatives of NBN Co to ascertain the status and progress of the roll out across Buloke.

7. Legislative / Policy Implications

Nil

8. Environmental Sustainability

Nil

9. Conflict of Interest Considerations

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

10. Conclusion

It is recommended that Council writes, petitions and organises meetings with NBN Co and the relevant Ministers as well as providing communities with tools to assist in their advocacy.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

8.3 Financial Reports

8.3.1 Establishment of Sustainability Reserve

Author’s Title: Director Corporate Services

Department: Corporate Services File No: CM/14/12

Attachments:

Nil

Relevance to Council Plan 2015 - 2019

Strategic Objective: A Shire working with the community to reduce our carbon footprint, protect and enhance the natural environment and share experiences and information.

RECOMMENDATION

That Council;

1. Establishes a sustainability reserve with funds derived from the levy collected from the Electricity Generation Payment levied on the Wind Farm at Coonooeer Bridge.

2. Creates a sustainability based community grant stream and allocates $50,000 to this fund annually from the reserve

3. Uses the remaining funds for membership of the Central Victoria Greenhouse Alliance and for sustainability projects initiated through that group

1. Executive Summary

With the completion of the Coonooeer Bridge Wind Farm, Council now charges an Electricity Generation Payment in lieu of rates of $75,375 (indexed by CPI). Rather than incorporate this income into general revenue, these funds could be used to generate further savings for both Council and the Community. Commencing in 2017/18 these funds will be transferred to a financial reserve. This reserve will fund community based sustainability projects and also Council membership to the Central Victoria Greenhouse Alliance and used as seed funding for initiatives from this group to benefit residents of Buloke Shire.

2. Discussion

Council is committed to supporting community infrastructure and maintaining the liveability for all residents. The focus on sustainability is clearly spelt out in the Buloke Council Plan which states that we are

“A Shire working with the community to reduce our carbon footprint, protect and enhance the natural environment and share experiences and information”

The creation of this reserve empowers our communities to take the lead in determining what sustainability projects are important to them and to provide funds to carry out these projects. It also supports the organisation’s commitment to sustainability by funding its membership to the Central Victoria Greenhouse Alliance and in providing funds to carry out projects identified by this group.

3. Financial Implications

For the 2016/17 financial year the revenue raised from the Coonooeer Bridge Farm will be $75,375. This income forms part of Council’s general revenue. The amount that can be levied is indexed annually by CPI. For subsequent years these funds will be directed to a financial reserve. Funds from this reserve can be allocated to sustainability initiatives through the setting up of an annual community sustainability grant program, with a pool of $50,000 and to fund Council’s annual membership to the Central Victoria Greenhouse Alliance. It will also assist with initiatives identified by the group.

These projects can then provide the Community and Council with ongoing savings with reduced costs for energy and water.

4. Community Consultation

Once this fund has been set up and the criteria for applying for funds determined, a communications strategy will be developed to advise the community and relevant community groups.

5. Internal Consultation

Discussions will occur with other areas of Council once the reserve has been established to determine the criteria for the community grant scheme.

6. Legislative / Policy Implications

There are no legislative or policy implications

7. Environmental Sustainability

The setting up of a sustainability reserve is an excellent method to fund sustainability initiatives in the community. With the availability of funds, projects which meet the criteria will help to reduce the carbon footprint of Buloke.

8. Conflict of Interest Considerations

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

9. Conclusion

The income generated as an Electricity Generation Payment levied on the Coonooeer Bridge Wind Farm will be allocated to a sustainability reserve to be used to fund Council and Community sustainability initiatives.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

8.3.2 Interim Financial Performance as at 31 July 2016

Author’s Title: Director Corporate Services

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

Attachments:

1 July Income Statement

2 July Balance Sheet

3 July Cash Flow

4 July Cash Flow Graph

5 July Capital Works Progress

6 July Capital Works Graph

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 Interim Financial Performance Report for the period ending 31 July 2016.

1. Executive Summary

This report provides an interim overview of Council’s financial position as at 31 July 2016. The report is an interim report because until the accounts for 2015/16 have been audited we do not have a starting point on which to base our financial statements for 2016/17.

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 July 2016, the year to date (YTD) deficit is $1.045m. Total income excluding capital grants is a deficit of $1.2m. The negative variance in operating income is a temporary timing difference due to rates being struck in August. The rates are struck as part of the process of creating the rate notices.

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 July 2016, the Balance Sheet shows Council’s bank balance at $5.3m.

The Cash Flow Statement is formatted to show a rolling 12 month forecast. At 31 July 2016, the Cash Flow Statement shows Council with a bank balance of $5.3m. The cash flow forecast has been amended to reflect movements in the income statement. Cash held at 30 June 2016 includes restricted grants funds held for the completion of capital works projects. The cash flow graph indicates that we are still travelling better than expected.

The Capital Works Program report reflects 4% of budgeted capital works i.e. $295k of capital works has been expended as at the 31 July 2016. This is higher than the original budget due to a couple of carried forward projects.

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 interim 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.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 14 September 2016

8.3.3 Financial Statements and Performance Statement for the Financial Year 2015/16

Author’s Title: Director Corporate Services

Department: Corporate Services File No: AAC8

Attachments:

1 Draft 2015-16 Performance Statement

2 Draft 2015-16 Financial Statements

Relevance to Council Plan 2015 - 2019

Strategic Objective: Delivering our services in a financially sustainable way

RECOMMENDATION

That Council:

1. Approves in principle, the Financial Statements and Performance Statement for the 2015/16 Financial Year;

2. Authorises the Mayor, Cr Mather, and Deputy Mayor Cr Pollard to sign the final form Financial Statements and Performance Statement on behalf of, and with the full authority of, Council.

1. Executive Summary

The purpose of this report is to have Council approve, in principle, the Financial Statements and Performance Statement for the 2015/16 financial year and to authorise two (2) Councillors to sign the final form statements on behalf of Council.

2. Discussion

Under Section 131 of the Local Government Act 1989 (LGA), a Council must in respect of each financial year, prepare an Annual Report that includes audited Financial Statements and a Performance Statement for the financial year. These statements must be prepared in the prescribed manner and form and be certified by the Auditor General.

This year the Victorian Auditor General’s Office is acting directly as Council’s auditors. This audit occurred during the week commencing 29 August 2016. The statements have since been reviewed by the Victorian Auditor-General's Office and are considered to be in their final form.

Council is required to approve, in principle, the statements prior to receiving certification from the Auditor General. The Council must also authorise two (2) Councillors to certify the statements in their final form; historically the Mayor and the Deputy Mayor.

3. Financial Implications

The Financial Statements and the Performance Statement all form part of Council’s Annual Report that must be submitted to the Minister within three months of the end of the financial year in accordance with the Local Government Act 1989.

The statements are a report back to the community on Council’s performance against the adopted 2015-16 Budget, along with performance against measures and targets for Key Strategic Activities specified in the 2015-16 Budget.

4. Community Consultation

Community consultation was not required in the preparation of the statements. However, the Financial Statements and Performance Statement will be made available as a public document following the Auditor-General’s approval. The statements will form part of the Council meeting minutes and will be published in Council’s Annual Report. The Annual report will be displayed on Council’s website and be available in hard copy at Council’s office.

5. Internal Consultation

The financial statements have been prepared by Council’s Finance Department in consultation with the Chief Executive Officer and relevant senior managers where required.

6. Legislative / Policy Implications

The 2015-16 Financial Statements and Performance Statement have been prepared in accordance with Australian Accounting Standards and Interpretations, the Local Government Act 1989 and the Local Government (Finance and Reporting) Regulations.

Council’s statements and performance statement must be audited to meet the requirements as set out under the Local Government Act 1989.

7. Environmental Sustainability

There are no environmental impacts arising from the production of the statements.

8. Conflict of Interest Considerations

The Council staff preparing this report have no direct or indirect interest.

9. Conclusion

The preparation of a Performance Statement and Annual Financial Statements is a legislative requirement and a copy of the Annual Report including these statements must be sent to the Minister after adoption by Council but no later than 30 September.

It is now appropriate for Council to approve the statements in principle and authorise two (2) Councillors to sign the final statements

Application No	Applicant	Address	Date Rec	Summary of Proposal	Status
PPA 670	Jason Stone	481 Borung Hwy, Litchfield	24/08	Use and development of a Rural Store (Hay Shed)	Notice of Advertising
PPA669	D Pollard	84 Nicholls Road, Teddywaddy	17/08	Use and development of a Rural Store (Hay Shed)	Notice of Advertising
PPA 668	B Hogan	Sproats Lane, Donald	29/07	Use and development of a dwelling in LSIO	Further information request
PPA666	T Pole	340 Judds Road, Charlton	18/07	Use and development of a Rural Store (Hay Shed)	Notice of advertising
PPA 664	P Walder	548 Watchem West School Road, Watchem	5/07	Use and development of an Intensive Animal Husbandry (egg layers)	Referral

Council Initiative	Correspondence sent to	Date sent	Date of response	Summary of response
GrainCorp Site Upgrades- Regeneration Project	GrainCorp Managing Director and CEO Mr Mark Palmquist	06.07.16	27.07.16	Attended Councillor Briefing on 7 September to discuss project.
Charlton –St Arnaud Road floodway. Delay of works.	Regional Director – VicRoads Northern Region	19.07.16	09.08.16	VicRoads have confirmed in writing that they will provide $100,000 to the project.
Provision of Temporary Library Services - Charlton	Paula Clark - Wimmera Regional Library Corporation	18.08.16
Rural Living Campaign	Minister for Regional Development, Local Government and Territories Senate - Fiona Nash	25.08.16

Provider	Recipient	Date	Purpose for Recognition
The Great Merbein Australian Vanilla Slice Triumph Bakery Competition	Sharp’s Bakery	20.08.2016	Winning the 2016 Professional Vanilla Slice Competition.
Juvenile Diabetics Research Foundation	Blair Gould	12.08.16	Being awarded the Victorian State Young Volunteer of the year 2016.
State finalist ‘Australian Poetry Slam’	Alana Foster	23.08.16	Winning a heat of National Poetry Slam and qualifying for State final.
	Kookas Country Cookies	09.09.16	Celebrating 25 years in business.

RECOMMENDATION: That Council closes the meeting to the public pursuant to Section 89(2) of the Local Government Act 1989 to consider the following items, which are confidential for the reasons indicated:
8.6.2 Chief Executive Officer Performance Review	(a) personnel matters
8.6.1 Contract C37 2016/17 - Local Roads Rehabilitation Program	(d) contractual matters