Agenda of Ordinary Meeting

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 10 April 2013

6.3 Building Permits - Monthly Update

Author’s Title: Compliance Administration Officer

Department: Office of the CEO File No: DB/14/02

Nil

RECOMMENDATION

That the Council note information contained in the report on Building Permits approved by staff from 1^st March 2013 to 31^st March 2013.

1. Executive Summary

This report provides information on Building Permits approved by staff from 1^st March 2013 to 31^st March 2013.

2. List of Building Permits Approved by Council Surveyor

Permit No.	Address	Project Description	Value	Date Approved
20130022	Racecourse Road, DONALD	New Building: Scout Hall – Assembly Building & Demolition of Assembly Building	$320,000	1/3/2013
20130023	3221 Hopetoun – Sea Lake Road, BANYAN	New Building: Machinery Shed/Farm Shed	$ 63,602	5/3/2013
20130024	Green Lake Recreation Reserve, SEA LAKE	Occupancy Permit – Public Place of Entertainment (Maitreya Music Festival)	NA	8/3/2013
20130025	18 Menzies Street, CHARLTON	Alteration: Dwelling	$9,655	8/3/2013
20130026	18 Mount Street, WYCHEPROOF	New Building: Storage Shed	$10,000	15/3/2013
20130027	Sunraysia Highway, DONALD	New Building: Shed-Farm Building	$17,000	15/3/2013
20130028	158-164 High Street, CHARLTON	New Building: Erection of Swimming Pool Safety Barrier	$2,500	15/3/2013
20130029	9 Byrne Street, DONALD	Demolition: Demolition of Hall(Girl Guides)	$9,500	15/3/2013
20130031	27 Armstrong Street, CHARLTON	New Building: Carport	$5,000	21/3/2013
20130032	Kirsch Road, BIRCHIP	Occupancy Permit: Birchip Quarter Horse Cup	NA	22/3/2013
20130033	1 Taverner Street, BERRIWILLOCK	Other: Completion of Garage/Carport	$9,500	25/3/2013
20130034	1504 Borung Highway, WOOROONOOK	New Building: Machinery Shed	$33,000	27/3/2013
20130035	301 Bowds Road, SEA LAKE	New Building: Swimming Pool & Pool Safety Barrier	$49,990	28/3/2013
20130037	61 Woods Street, DONALD	New Building: Verandah	$3,840	28/3/2013

3. List of Building Permits Approved by Private Surveyor

Permit No.	Address	Project Description	Value	Date Approved
20130030	4193 Patchewollock-Sea Lake Road, NYARRIN	New Building: Machinery Shed	$153,000	20/2/2013
20130036	47 Menzies Street, CHARLTON	New Building: Swimming Pool & Pool Safety Barrier	$37,715	20/3/2013

Road	Requesting Authority	Approved or Not Approved	Date
54 Cumming Ave, Birchip	Santhosh Kundathara, 54 Cumming Ave, Birchip	Approved	7/3/2013
5 View Street, Charlton	Andrew Peverill, 2 Waugh Street, Charlton	Approved	14/3/2013

Permit No.	Address	Permit	Expiry Date	Date Approved
LL10/DK06/13	Shirewide	Fundraising	3/9/13	20/3/13
LL10/BSM02/13	Sea Lake	Street Markets	12/2013	7/3/13
LL10/BO1/13	Donald	Permit to burn	19/4/13	26/3/13
LL10/DK05/13	Donald	Information table	13/3/13	7/3/13

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 10 April 2013

7.2 Management Reports

7.2.1 Contract C5-2012/13 - Sea Lake Swimming Pool Upgrade

Author’s Title: Recreation Officer

Department: Assets and Infrastructure File No: CP/21/17

Attachments:

Nil

Relevance to Council Plan 2009-13

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

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

Priority: Maintain and upgrade community facilities such as halls, recreation centres, pavilions, swimming pools, senior citizen’s centres, pre-schools and other community assets.

RECOMMENDATION

That:

1. Council award Contract (Contract No. C5 – 2012/13 for the Sea Lake Swimming Pool Upgrade Project to Statewide Pool Services Pty Ltd for the tendered lump sum price of $292,368.00 (excluding GST); and

2. Delegate authority to the Chief Executive Officer to approve payments to the contractor for undertaking works associated with the Contract.

1. Executive Summary

In 2008 a technical audit conducted by Dennis Hunt & Associates highlighted the need for upgrade of the Sea Lake Swimming Pool including the installation of a vinyl liner, replacement of aged pipe work and the installation of a separate circulation system for the children’s pool. In late 2011 leak testing of the Sea Lake facility highlighted significant water loss from underground pipe work and the pool shell.

In line with the audit recommendations funding was sought through Sport & Recreation Victoria’s Community Facility Funding Program to revitalise the facility.

2. Discussion

Expressions of Interest for tender to conduct revitalisation work at the Sea Lake Swimming Pool were advertised with submissions closing on Thursday 8^th November 2012. At the time of closure for Expressions of Interest, Seven submissions were received from the following;

- Bendigo Aquatic Services

- Farley Pools Australia

- Liner Specialists

- Parker Civil Construction

- Statewide Pool Services

- Hank Van the Pool Man

- WJ Pratt

Of the seven Expression of Interest submissions, all were invited to tender for the Contract C5 – 2012/13 Sea Lake Swimming Pool Upgrade including - replacement of pool hydraulics, demolition and construction of concrete concourse, the installation of commercial grade pool liner, associated black lane markings and make good works as required which closed on 21^st February 2013 at 2pm.

At the time for the close of tenders, when the tender box was opened three submissions were received from the following;

- Liner Specialists Australia

- Statewide Pool Services

- Farley Pools Australia

The Evaluation was conducted by Savills Project Management firstly analysing each tender submission error or non-conformance.

All tender submissions were found to be accurate and included the required schedules. Findings from the Tender Evaluation were endorsed by Council representatives as part of the panel.

The evaluation process was conducted utilising Council’s existing Tender processes.

Statewide Pool Services Pty Ltd tender submission was the lowest tender received and within the project budget.

Council has received funding from the state government of $200,000 with the remainder committed by Council at its Ordinary Meeting on 10^th August 2011.

The tender submission is within Council’s budget for the project, but does not take into account the potential for the removal of old asbestos pipes. Council has been unable to fully ascertain whether the existing pipes are asbestos without fully excavating the project area.

The Panel having undertaken its evaluation reached the following conclusions;

- The tender submission of Statewide Pool Services Pty Ltd achieved the highest total weighted score and is the lowest conforming tender

- Statewide Pool Services Pty Ltd has the expertise, resources and capability required to undertake the work

- Statewide Pool Services Pty Ltd can undertake the works of the contract within acceptable timeframes

- No other tender offers a more beneficial or better value for money outcome for Council than the tender submitted by Statewide Pool Services Pty Ltd.

3. Financial Implications

The price tendered by Statewide Pool Services Pty Ltd (being $292,368 ex GST) is within the project budget of $300,000.

Council have received funding from Sport and Recreation Victoria’s Community Facility Funding Program ($200,000) for the project.

Council will have to pay $100,000 out of its Capital Works budget for this project.

4. Community Consultation

Pool users in Sea Lake have been consulted in the planning of this project. The pool Committee (through Advance Sea Lake) will be consulted throughout the project.

5. Internal Consultation

Extensive planning and discussion has been conducted internally with regard to the development of project Scope to the delivery of the project. This project will be managed externally by Savills Project Management.

6. Legislative / Policy Implications

This tender was conducted in accordance with requirements of the Local Government Act and Council’s Tender Procedures.

7. Environmental Sustainability

The project will achieve a significant water saving at the Swimming Pool facility in Sea Lake through rectification of leaking pool shell and pipe work.

8. Conflict of Interest Considerations

No conflict of interest identified in awarding this tender.

9. Conclusion

Therefore it is recommended that Council award the Contract (Contract No. C5 – 2012/13) for the Sea Lake Swimming Pool Upgrade to Statewide Pool Services Pty Ltd for the tendered lump sum price of $292,368.00 (excluding GST).

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 10 April 2013

7.2.2 Adoption of Buloke Shire Council Disability Action Plan 2013-2016

Author’s Title: Manager Community Services

Department: Community Services File No: CS/13/05

Attachments:

1 ViewBuloke Shire Council Disability Action Plan 2013-2016

Relevance to Council Plan 2009-13

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

Strategy: Assisting Buloke residents to access the Council support and services they need to help live healthy and fulfilling lives.

Priority: Review Council’s Disability Action Plan and work with local families and organisations to ensure the Plan is current and relevant to community needs.

RECOMMENDATION

That:

1. Council adopts the Buloke Shire Council Disability Action Plan 2013-2016.

2. The Manager Community Services submits the adopted Plan to the Australian Human Rights Commission seeking formal registration of the Plan with the Commission.

3. The Manager Community Services makes the Plan available to the general public via the Buloke Shire Council website.

1. Executive Summary

The Victorian Disability Act 2006 requires all ‘public sector bodies’ to develop and implement a Disability Action Plan. Further, the Australian Human Rights Commission also encourages organisations to formally register their Plan on the Commission’s website.

The Act articulates that Council is required to prepare a Disability Action Plan to assist in reducing barriers facing people with a disability in accessing goods, services, and facilities, and to help reduce barriers to people with a disability in obtaining and maintaining employment.

The Disability Action Plan also seeks to promote the inclusion and participation in the community of people with a disability and aims to achieve tangible changes in attitudes and practices which currently discriminate against people with a disability.

2. Discussion

The ‘draft’ Buloke Shire Council Disability Action Plan 2013-2016 was received and noted by Council at its Ordinary meeting held on 13 February 2013. The Plan has since been on public display seeking comments or submissions on its content.

22 March 2013 was nominated and advertised by Council as the closing date to submit comments on the Plan and at that date only one submission was received. This submission was received from Mr Glen Marshall of Sea Lake (formerly of Culgoa) and focussed primarily on social inclusion issues for people with hearing difficulties.

Mr Marshall’s comments are certainly relevant to the intent of the Plan and over the coming months Council staff will research possible options that are available that will help to address his concerns.

3. Financial Implications

There is no impact on current capital expenditure and impacts in future years will depend on the level of works that are identified as necessary to remove physical barriers in existing Council infrastructure.

There will be no significant impact on recurrent budgets. The Plan has been reviewed by relevant Council staff and the actions proposed within the Plan are considered to be achievable through integration into current work practices and schedules.

4. Community Consultation

The Disability Action Plan has been prepared in partnership with the Swan Hill Rural City Council and the Gannawarra Shire Council under the coordination of the shared Rural Access Officer. A Disability Action Plan Reference Group was established which included key personnel from all three municipalities, the SMPCP, Mallee Sports Assembly, Murray Human Services, a community representative, and Deb Whitecross who is an experienced consultant to the disability services sector.

A media campaign was undertaken through local print media, newsletters, and service provider networks to raise awareness of the consultation process. Consultation with staff, service providers, and residents was conducted through community focus group meetings, surveys, individual interviews with service providers, and reference Group meetings and workshops.

5. Internal Consultation

Buloke Shire staff were included in the Reference Group and surveys were completed by other key Council staff.

6. Legislative / Policy Implications

The Victorian Disability Act 2006 and the Disability Regulations 2007

The Commonwealth Disability Discrimination Act 1992

The Victorian Local Government Act 1989

The Victorian Charter of Human Rights and Responsibilities Act 2006

The Victorian Equal Opportunity Act 2010

7. Environmental Sustainability

Nil

8. Conflict of Interest Considerations

Nil

9. Conclusion

The Disability Action Plan includes a range of strategies and actions aimed at removing barriers, both physical and attitudinal, that people with a disability encounter in everyday life. It aims to create a more inclusive Buloke community by improving access to services, improving access to physical infrastructure, promoting inclusive and flexible work practices, removing barriers to community participation, and improving access to information.

Local government is a key planner, developer, and provider of our community infrastructure, both physical and social, and is ideally placed to make a significant contribution to protecting the rights of people with a disability. The involvement of local residents in the development of this plan has provided the community with an opportunity to contribute local knowledge, identify gaps, and suggest solutions to identified barriers to access.

The ’draft’ Plan has been available for public comment for six weeks and as indicated earlier in this report only one submission was received by the advertised closing date. That submission has been acknowledged and staff will investigate further the particular issues raised by the author. It is recommended therefore that Council now formally adopts the Buloke Shire Council Disability Action Plan 2013-2016 as tabled.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 10 April 2013

7.2.3 Adoption of Buloke Shire Council Positive Ageing Strategy 2013-2019

Author’s Title: Manager Community Services

Department: Community Services File No: CS/13/03

Attachments:

1 ViewBuloke Shire Council Positive Ageing Strategy 2013-2019

Relevance to Council Plan 2009-13

Strategy: Assisting Buloke residents to access the Council support and services they need to help live healthy and fulfilling lives.

Priority: Continue to seek opportunities to apply for State and Commonwealth Government funding for programs that help meet current and emerging needs of the community.

RECOMMENDATION

That:

1. Council adopt the Buloke Shire Council Positive Ageing Strategy 2013-2019.

2. The Manager Community Services makes the Strategy available to the general public via the Buloke Shire Council website.

1. Executive Summary

The Buloke Shire Council Positive Ageing Strategy 2013-2019 has been prepared in partnership with the Buloke community and it reflects Council’s commitment to recognising and respecting the significant contribution of older people in creating vibrant and viable communities.

At the 13 February 2013 Ordinary Council Meeting, Council resolved to receive and note the draft Strategy and agreed to place the document on public display until 22 March 2013 to seek public comment. No submissions or comments were received by the advertised closing date.

2. Discussion

The development of a Positive Ageing Strategy was considered to be a logical step in providing Council and the community with a framework on which to build and enhance the strengths of our local rural communities and to prepare Council to be able to adequately respond to the projected growth of our aged population cohort.

3. Financial Implications

Although there is no immediate impact on capital expenditure, impacts in future years will depend on any alterations to existing infrastructure that are deemed necessary to enhance access for older people in accordance with the actions articulated in the Strategy. Such decisions will need to be mindful of legislative requirements and funding implications and an agreed priority of works schedule.

There will be no significant impact on recurrent budgets. The Strategy has been developed using funding provided under the State Government’s Improving Liveability for Older People program and has been reviewed by key staff from within relevant departments of Council. It is the opinion of those staff that the majority of the actions proposed within the Strategy can be integrated into current work practices and planned initiatives.

4. Community Consultation

The Strategy has been informed through an extensive Shire wide community consultation process including a series of community workshops in the individual townships, community surveys, and consultation with local health service providers and community organisations. Following the February 2013 Ordinary Meeting of the Buloke Shire Council, the availability of the ‘draft’ Strategy has been widely advertised in the local print media and has been accessible to the public via Council’s website.

5. Internal Consultation

Management and relevant operational staff have worked collaboratively on the development of the Positive Ageing Strategy.

6. Legislative / Policy Implications

· Victorian Charter of Human Rights and Responsibilities Act 2006

· Commonwealth Disability Discrimination Act 1992

7. Environmental Sustainability

Nil

8. Conflict of Interest Considerations

Nil

9. Conclusion

The Positive Ageing Strategy will assist Council to enable older people living in the Buloke Shire to live independent, healthy, and active lifestyles. Implementation of the actions articulated in the Strategy will assist older people to remain socially connected within their communities and provide them with opportunity to be engaged in community decision making processes. It is important that Council acknowledges and considers the needs of older people when proposing and planning projects and initiatives to improve the liveability of the Buloke Shire and adoption and implementation of the Strategy will help to achieve this objective.

The draft Strategy has been available for public comment for six weeks and no comments or submissions have been received. It is recommended therefore that Council now adopts the Buloke Shire Council Positive Ageing Strategy 2013-2019.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 10 April 2013

7.2.4 Provision of Mental Health Services in Buloke Shire

Author’s Title: Manager Community Services

Department: Community Services File No: PH/14/07

Attachments:

1 ViewBuloke Shire Mental Health & Related Services (Eligibility & Entry Criteria)

Relevance to Council Plan 2009-13

Strategy: Assisting Buloke residents to access the Council support and services they need to help live healthy and fulfilling lives.

Priority: Work in partnership with the State Government and the not-for-profit sector to facilitate early intervention support and counselling services for families, particularly those impacted by the prolonged drought conditions.

RECOMMENDATION

That:

1. Council receives and notes this report.

1. Executive Summary

The World Health Organisation’s 2001”Stregthening Mental Health Promotion” Fact Sheet No.220, Geneva, articulates that mental health is a state of physical, mental, spiritual and social wellbeing in which the individual realises his or her own abilities, can cope with the normal stresses of life and is able to make a contribution to his or her community. Mental health and wellbeing can be seen as a combination of positive feelings and positive functioning.

While health services are designed to deal with the effects of poor mental health on the individual, many of the factors that contribute to mental wellbeing sit outside the responsibility of the health sector. Good mental health is dependent on societies, communities, institutions, organisations and individuals that support social inclusion, equity, freedom from discrimination and violence, access to resources, and cultural harmony. Policies that support the promotion of positive mental health occur in a broad range of programs and environments and can be influenced by work in areas such as education, planning and local government. As such it is everyone’s responsibility.

2. Discussion

Recognising the difficulties that confront residents of the Buloke Shire when endeavouring to access and navigate appropriate pathways to mental health service provision, the Southern Mallee Primary Care Partnership (SMPCP) initiated an Agency Information & Networking Forum for organisations involved in delivering local mental health and related services. This forum was held in Wycheproof in October 2012 and was well attended by agencies both from within the Buloke Shire and from external agencies that provide outreach services to Buloke residents.

The forum provided an opportunity for agencies and organisations to gather information on the range and scope of services available, appropriate referral pathways, barriers to accessing services, challenges in providing services, key personnel in individual agencies, and the relevant eligibility and entry criteria for particular services.

Forum participants acknowledged the excellent resource initiated and developed by the SMPCP which provided a ‘snapshot’ of local mental health service providers, programs, contact details, eligibility criteria, point of entry, referral source, and organisation contact details. Whilst one of the key outcomes from the forum included a commitment by agencies to maintain the relevance and currency of the information included in this resource, there was also universal support to build on inter-agency partnerships and relationships with the aim of increasing agencies’ understanding of service coordination practice and the strengthening of referral pathways. A copy of the Resource is attached to this report and an updated version will be available prior to the end of April 2013.

Subsequent to the Wycheproof forum, the SMPCP has been developing its 2013-2017 Strategic Plan. The purpose, vision and mission statements developed as part of this process were endorsed by the SMPCP Board of Management in December 2012 and all three closely reflect the collective aspirations and objectives derived from the Wycheproof Forum.

Purpose: To work together in an effective and innovative way to improve the health and wellbeing of local communities.

Vision: Happy and healthy people connected to vibrant rural communities.

Mission: To strengthen and build relationships, processes and systems that contribute to an effective service delivery environment which addresses the health and wellbeing needs of our community.

The two strategic priorities developed and endorsed by the SMPCP Board in December 2012 were to ‘strengthen partnerships, the sector, and governance’, and ‘promote healthy lifestyles’. The second priority includes activity focussing on mental health and wellbeing.

Council too has recently commenced development of its Municipal Public Health & Wellbeing Plan and will be working collaboratively with staff from the SMPCP to explore how the priority of mental health and wellbeing can be integrated into both plans. In collaboration with local service agencies, Council has an overarching advocacy role in regard to access to services and indeed mental health promotion, and opportunity to pursue this advocacy is available through participation in key working groups.

The SMPCP has established a Mental Health & Wellbeing Committee with a Mission that will see ‘the SMPCP members and other key stakeholders working together in a planned way over the next three years to address risk factors of mental health, strengthen protective factors for mental wellbeing and encourage social connectedness among people in our communities.”

Meetings will be held bi-monthly with goals of improving and increasing the implementation of the service coordination principles of mental health and wellbeing providers across the Southern Mallee, and to strengthen the mental wellbeing and social connectedness of people in the Southern Mallee. The Committee will explore ways to address and enhance the domains of partnership development, capacity building, integrated health promotion, service coordination and integrated chronic disease management.

A significant component of the SMPCP’s integrated planning approach involves the strengthening of the structure, participation, and processes at the individual local government level in the Swan Hill, Gannawarra, and Buloke municipalities. As part of its Integrated Planning Model, the SMPCP is currently facilitating the establishment of a Buloke specific Strategic Health & Wellbeing Partnership Group which will include representation from the Buloke Shire Council, the East Wimmera Health Service, and Mallee Track Health & Community Services.

3. Financial Implications

There are no financial implications for Council.

4. Community Consultation

Community consultation thus far has been limited to those with a responsibility to promote and provide mental health related services to Buloke residents.

5. Internal Consultation

Consultation internally has involved staff from Council’s Community Services, Emergency Management and Community Development departments.

6. Legislative / Policy Implications

The Victorian Public Health and Wellbeing Act 2008

7. Environmental Sustainability

Nil

8. Conflict of Interest Considerations

Nil

9. Conclusion

Mental health promotion includes any action taken to maximise mental health and wellbeing among populations and individuals by addressing any or all of the potentially modifiable determinants of mental health. This may include influencing social and economic factors such as income, discrimination, social inclusion, education, employment, and access to appropriate health services. It may also include strengthening the understanding and skills of individuals in ways that support their efforts to achieve and maintain mental health.

Policies and programs that facilitate workforce participation, social participation, anti-discrimination, prevention of violence, and the building of community resilience can all make a significant contribution to mental wellbeing at individual and societal levels.

The Victorian Public Health and Wellbeing Plan 2011-2015 has identified mental health promotion as a distinct priority area for action. Initial work on the development of the SMPCP Strategic Plan 2013-2017 indicates that the promotion of healthy lifestyles and positive mental health and wellbeing will be a significant priority area in that Strategic Plan. The ‘draft’ Buloke Shire Council Plan 2013-2017 articulates that Council will advocate for improved health outcomes with a priority of forming collaborative relationships to facilitate early intervention support and counselling services for families, particularly in the area of mental health. And, although in its infancy stage of development, it is very likely too that Council’s Municipal Public Health and Wellbeing Plan 2013-2017 will include a particular emphasis on mental health promotion.

It is clear then that local government has a pivotal advocacy role in preventing illness rather than actually delivering illness services. Mental health and wellbeing however, does not sit neatly within the responsibility of any one organisation or sector, and the promotion of positive mental health needs to occur via a broad range of programs, environments and policies. The importance of broad cross-sectoral involvement, including local government, in the promotion of all aspects of health is integral to the achievement of improved health outcomes for our residents.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 10 April 2013

7.2.5 Permission to seek authorisation from the Minister to prepare Buloke Planning Scheme Amendment C18-Industrial3 Zone

Author’s Title: Senior Planner

Department: Office of the CEO File No: LP/10/11

Attachments:

Nil

Relevance to Council Plan 2009-13

Objective: A local economy in which new investment and new employment opportunities are actively encouraged, facilitated and brought to reality.

Strategy: Forming partnerships and actively participating in networks to enhance and support the local economy.

Priority: Review and apply the Industrial Land Use policy provisions within the Buloke Planning Scheme to ensure it encourages business investment while maintaining the character of the Shire.

RECOMMENDATION

That the Council:

1. Note that the information provided as part of seeking authorisation to prepare an amendment to the planning scheme includes the following:

- To rezone a total of sixty four individual properties

- Apply the Environmental Audit overlay to two properties

- Replace the existing Industrial Development policy

2. Approve the request to seek authorisation from the Minister for Planning to prepare Amendment C18 to the Buloke Planning Scheme to provide a supply of appropriately located Industrial land for development.

1. Executive Summary

The report recommends Council seek authority from the Minister for Planning to prepare an Amendment to the Buloke Planning Scheme to rezone land for Industrial Land Use purposes and to address a number of historical zoning conflicts associated with current Industrial Zones.

2. Discussion

The Buloke Shire Council engaged TGM Group Pty Ltd to conduct an Industrial Land Use Review in 2004.

The review involved extensive research into existing industrial activity, past and future trends in industrial activity, existing industrial zones and policy and provided recommendations.

The report identified a number of possible industrial land use sites but concluded that as the demand for Industrial Sites was low no immediate action was required. As a result, the report was received by Council and referred to Planning staff for consideration as part of the continuing review of the Planning Scheme. .

Planning staff updated the 2004 report in 2010. The 2010 update was a ‘desk top’ review.

A further update was conducted by Planning Staff in 2012. The 2012 review involved gathering updated data relevant to the original 2004 review and provided appropriate recommendations for rezoning and policy improvement.

The 2012 review revealed that there was an immediate demand for available industrial land in Charlton, an excessive number of inappropriately located industrial lots in Birchip, sufficient vacant industrial land in Donald and minimal demand for industrial land in Wycheproof and Sea Lake.

One of the objectives of planning in Victoria is to provide an adequate supply of appropriately located industrial land for development which will allow for the fair, orderly, economic and sustainable use and development of land. By satisfying this objective Council will actively facilitate future industrial development and expansion of industrial development within the five main towns in the Shire.

The Buloke Shire Council Plan 2009-2013 identifies that a priority of Council is to review and apply the Industrial Land Use policy provisions within the Buloke Planning Scheme to ensure it encourages business investment while maintaining the character of the Shire. One of the elements of the proposed amendment is to introduce a new industrial development policy to replace the outdated, existing policy contained within the Local Planning Policy Framework. This policy will provide more direction and guidance for the development of industrial land with improved streetscapes enhancing the visual amenity of the Shire’s industrial estates.

Two properties recommended for rezoning from Industrial 3 zone to Township zone in Charlton have a history of storage and distribution of fuel and oil. To ensure that these properties are not developed for sensitive uses prior to the approval from an environmental auditor, the proposed amendment includes the Environmental Audit overlay is applied to both sites.

The communities of the five towns affected by this proposed amendment will benefit from the possibility of potential future economic growth. By providing industrial land for development, existing businesses have a greater opportunity to relocate for expansion or for the establishment of new businesses.

It is also reasonable to assume that the proposed amendment will protect both industrial land users and nearby residential properties by providing adequate buffers between industrial areas and other sensitive land uses.

The proposed amendment involves rezoning a total of sixty four individual sites. This includes Industrial 3 zone to Farming zone (3), Farming zone to Industrial 3 zone (7), Industrial 3 zone to Business 4 zone (1), Industrial 3 zone to Business 1 zone (1), Industrial 3 zone to Public Use zone 6 (1), Industrial 3 zone to Township zone (51).

If the rezoning is successful, it is considered that Development Plan Overlays (DPO) will be required for each of the rezoned industrial sites (lots). Ideally these DPO’s should include consideration of land already zoned for Industrial use and possible impacts on surrounding properties but this may be difficult in some locations.

The intent of the DPO requirement is to ensure any future subdivision or servicing proposals are considered within an agreed development framework that ensure improved integration of road layout, parking (particularly of heavy vehicles), storm water drainage, utility services, landscaping and signage.

Council recognises that the requirement for DPOs will add to the cost of development of industrial land but believes there is a need to improve amenity in Industrial zones.

The cost of the amendment process is covered by the Planning Department’s operating budget. However, the cost of purchasing the land and the subdivision process will be a burden to the Shire’s capital expenditure. Therefore, any commitment to purchasing and servicing the newly zoned land will come back before Council as a policy/budget consideration.

A communication strategy will be developed to ensure that adequate consultation with affected landowners is undertaken. This will include explanatory letters to landowners, individual meetings with landowners upon request, newspaper advertisements and personal contact made to landowners where Council would be required to purchase land in order to provide serviced industrial lots for sale and development.

Mapping by the Department of Planning and Community Development will be sought upon approval from Council to seek authorisation from the Minister. If this occurs, exhibition of the proposed amendment could reasonably be expected to occur during July and August of 2013.

3. Financial Implications

The availability of newly zoned land for the purposes of developing individual lots for the purposes of sale and industrial development is important to the Shire’s economy.

Preparation of the amendment is included in the operating budget of the Planning Department.

4. Community Consultation

Inform those directly involved by sending letters to affected landowners and conducting individual meetings with concerned landowners.

Keep the community informed by advertising the proposed amendment in the local papers, on the Council website and notification in the Government Gazette.

5. Internal Consultation

Ongoing consultation with Council’s Economic Development Officer.

6. Legislative / Policy Implications

Pursuant to Part 1 Section 4 (1)(d) of the Planning & Environment Act 1987 Council is obliged to implement the objectives of planning in Victoria.

7. Environmental Sustainability

Nil

8. Conflict of Interest Considerations

Nil

9. Conclusion

Proposed amendment C18 to the Buloke Planning Scheme aims to provide appropriately located Industrial 3 zone land for development.

The amendment includes an update to the current Industrial Development policy contained within the Local Planning Policy Framework. This policy aims to guide and assist developers to ensure that future development of the Shire’s industrial areas are satisfactory to both the business and local community and the responsible authority.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 10 April 2013

7.2.6 Appointment of Jardine Lloyd Thompson As Agent - For Purpose of Tendering for Provision of JMAPP/Industrial Special Risks Insurance

Author’s Title: Governance Officer

Department: Office of the CEO File No: RM/05/03

Attachments:

1 ViewAppointment of Agency Form - JLT

2 ViewJLT Best Practice Process - Appointment of JLT for Conducting Public Tender

Relevance to Council Plan 2009-13

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

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

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

RECOMMENDATION

That Council:

1. Appoint Jardine Lloyd Thompson Pty Ltd (JLT) to act as an Agent for the purpose of carrying out a public tender of the Industrial Special Risks Insurance (incorporating JLT Municipal Asset Protection Plan) insurance policy/policies in accordance with Section 186 of the Local Government Act 1989.

2. Delegate to the Chief Executive Officer the power to make the appointment and sign the Appointment of Agency Form.

1. Executive Summary

To recommend the appointment of Jardine Lloyd Thompson Pty Ltd (JLT) to act as an Agent for Council for the purpose of carrying out the public tender of the Industrial Special Risks Insurance (incorporating JLT Municipal Asset Protection Plan) (JMAPP) insurance policy.

2. Discussion

In accordance with Section 186 of the Local Government Act 1989 (LGA), Council is required to annually undertake public tender for relevant insurance policies which individually have premium and statutory charges of $150,000 or more.

Last year’s premium for Council’s JMAPP Policy Scheme was $151,068.14. Therefore compliance to Section 186 of the LGA is relevant to this policy.

JLT have acted as Council’s Insurance Brokers for a number of years as part of the sector wide insurance pool arrangements. The service provide by JLT has been generally regarded as being satisfactory.

JLT have offered to conduct a public tender for Industrial Special Risks Insurance (incorporating JLT Municipal Asset Protection Plan) (JMAPP) insurance policy on behalf of Council, subject to the Council appointment of JLT to act as its agency.

It is necessary for Council to formally resolve to go to a public tender, and determine the “Specifications” of the tender. (Specifications will be based on the JLT Renewal Declarations).

The decision to appoint the Agent must be made by the Council. The form of authority from the Council should include a statement that the person signing has the delegated authority to make the appointment, and acknowledges and agrees that it has appointed JLT as its agent in accordance with Section 186 of the LGA. (See attached JLT Appointment of Agency Form).

JLT have provided an outline of the Best Practice Process that they will follow to ensure that both Council and JLT comply with the rigours of the public tender process as required for the purposes of conducting a public tender.

JLT believe that the remainder of Council’s policies will be not be affected by Section 186 of the LGA, and are therefore not required to be put out to public tender.

JLT confirm that the Liability Mutual Insurance/MAV Insurance Policy of Council is exempt from compliance with Section 186 of the LGA.

Financial Implications

There are nil Financial Implications from this report. The yearly premium of the JMAPP Insurance Policy Scheme is an Annual Operational Budget Expenditure item.

3. Community Consultation

Community Consultation was not required or applicable to this appointment.

4. Internal Consultation

Internal Consultation was not required or applicable to this appointment.

5. Legislative / Policy Implications

The recommendation of this report will address the provisions of Section 186 of the Local Government Act 1989.

6. Environmental Sustainability

There are no Environmental Sustainability Implications from this report.

7. Conflict of Interest Considerations

There are no known Conflict of Interest considerations for this report.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 10 April 2013

7.2.7 Domestic Animals Act, Request for Exemption

Author’s Title: Compliance Officer - MFPO

Department: Office of the CEO File No: LA/05/08

Attachments:

Nil

Relevance to Council Plan 2009-13

Objective: An organisation that values and supports the development of its people and strives to be an employer of choice.

Strategy: Continuously developing the organisation and its people to provide our community, businesses and visitors with the best possible services.

Priority: Provide ongoing training and professional development programs for Councillors and staff.

RECOMMENDATION

That Mr Moir be advised that

1. Council cannot support his request to resolve that an exemption be granted to him under section 10D of the Domestic Animals Act 1994 (the Act) for his dogs to be registered without having a prescribed identification device being implanted as the requested action is not within Council’s powers.

2. Council is prepared to reconsider the matter if written veterinarian advice is obtained in accord with the requirements of Section 10D(2) of the Act stating that the health of the dog is liable to be significantly prejudiced if it is implanted with a permanent identification device.

1. Executive Summary

Mr Moir, a resident of Sea Lake, has requested that the Council grant him an exemption under section 10D of the Domestic Animals Act 1994 (the Act) from the requirement for his 2 dogs to be implanted with a permanent identification device (microchip).

Mr Moir objects to micro chipping on the basis that it is a health risk to his dogs.

Mr Moir has indicated that he would register his dogs if they did not have to be micro chipped.

While section 10D of the Act provides Councils with certain exemption powers it does not provide a power for Council to grant “one off” exemptions for individual dogs from the micro chipping requirement unless written veterinarian advice is provided stating that the health of the dog or cat is at risk.

2. Discussion

It is a requirement under the Domestic Animals Act 1994 that a person apply to the Council to register a dog more than 3 months old.

Section 10C (1) of the Act states that a Council must not register a dog or cat unless it has been implanted with a prescribed permanent identification device (micro chip).

Exemptions to this requirement are set out in section 10D of the Act.

Exemptions under this section of the Act generally apply only to ‘classes’ of dog and not to individual dogs.

The only exemption that could be applied to a single dog is at section 10D(2) which requires the provision of written veterinarian advice that the health of the dog is at risk through micro chipping.

The background to this matter is as follows:

At the request of Mr Moir, Council Local Laws Officers attended his property at Sea Lake in early March to collect a stray dog. It was observed that Mr Moir has 2 dogs, neither of which is registered with the Council (or any other Council).

Mr Moir has not registered his dogs as he objects to micro chipping because he considers it to be a potential health risk to dogs. Mr Moir stated that he would register his dogs if they did not have to be micro chipped.

Council, due to the requirements of section 10C of the Act cannot register the dogs because they are not micro chipped,

Mr Moir has requested that the Council grant an exemption under section 10D of the Act from the requirement for his 2 dogs to be micro chipped.

The requirements on Councils under the Act have been explained to Mr Moir. That is, under section 10C of the Act a Council must not register a dog (including renew the registration of a dog), unless it has been implanted with a prescribed permanent identification device or one of the exemptions in the legislation applies.

Mr Moir continues to object to the micro chipping requirement and because his dogs remain unregistered, he has been issued with infringement notices.

While section 10D of the Act provides Councils with certain exemption powers it does not provide a power for Council to grant “one off” exemptions for individual dogs from the micro chipping requirement unless written veterinary advice is provided that the health of the dog is “liable to be significantly prejudiced if it is implanted with a prescribed identification device

It is understood that Mr Moir has approached at least one veterinarian who has declined to provide the written advice required.

Mr Moir has tried various avenues to avoid the micro chipping requirement.

Mr Moir has spoken to DPI about his objection. DPI remains unmoved and it is understood that he was advised by DPI to seek one of the exemptions available under section 10D of the Act.

Mr Moir has also made representations to local Members of Parliament on the matter but there has been no change to the registration requirements in the Act.

Mr Moir has now sought to apply the other exemption in the Act which is for the Council to resolve that a dog is in a ‘class’ exempted by the Council under section 10D(3) from the requirement to be implanted with a device.

Section 10D(3) provides that: “A Council may resolve that a class of dog or cat is exempted from any requirement to be implanted with a prescribed permanent identification device for the purposes of registration.”

Staff believe that Section 10D(3) is specifically worded and does not provide the scope for the Council to grant a “one off” exemption for individual dogs.

The decision to provide an exemption under Section 10D must be made by the Council, unless the Council has delegated that power. No current delegations exist.

There are limitations on Council powers to grant an exemption. The power is to provide an exemption for a “class of dog” as distinct from a “breed of dog” or other descriptions applied in the Act such as a “restricted breed dog”, “menacing dog” or a “dangerous dog”. It would apply to provide an exemption for “classes” such as “working dogs” or “assistance dogs” or “guard dogs” if Council thought such an exemption appropriate.

A Council decision to grant an exemption would also need to be made balancing the following factors:

· Council’s general support of the principle (and the requirement) that dogs be permanently identified, against the reasons why such an exemption would be appropriate;

· the potential number of dogs that would fall within any such exemption;

· the potential for the owners of other “classes” of dogs to be exempt from the requirement (flood gates argument); and

· The overall impact of such an exemption on Council’s ability to identify stray dogs and return them to their owners, the latter being the primary objective for the requirement.

Staff believe there is no basis for Council to accede to the request from Mr Moir for an exemption under section 10D (3) of the Act.

In the opinion of staff the only avenue for Mr Moir to obtain an exemption from the micro chipping requirements of the Act is that provided by section 10D(2), the provision of veterinarian advice of health risk to the dogs.

As indicated above, infringement notices have been issued to Mr Moir as a result of his refusal to microchip his dogs and have them registered. The penalty that can be applied by a Magistrate for failure to comply with the registration requirement is 20 penalty units ($2000). Most Councils opt to issue infringement notices for failure to comply with the registration requirements of the Act rather than place the matter before a Magistrate. The current penalty payable for an infringement offence is $282.

If Mr Moir continues to refuse to microchip his dogs as a requirement of the registration process enforcement action before a Magistrate will be considered.

3. Financial Implications

There are no financial implications from this report.

4. Community Consultation

There has been no community consultation associated with this report.

5. Internal Consultation

There has been discussion with the CEO and the Compliance Officer about the legislation.

6. Legislative / Policy Implications

These have been referred to above. While the Act provides some flexibility to Councils to grant exemptions, the exemptions are limited so as to achieve the overriding objective that animals can be identified and returned to their owners rather than be euthanised because they remain in pounds unclaimed.

7. Environmental Sustainability

There are no environmental sustainability matters arising from this report.

8. Conflict of Interest Considerations

There are no conflict of interest matters arising from the report.

9. Conclusion

The provisions of the Domestic Animals Act 1994 are clear with regard to the requirements on Council to register dogs.

The Act does provide the ability for Council to exempt a dog or cat from the requirement to be micro chipped as a pre-requisite. The exemption provisions are set out in the Act and have not been met in this case.

It is proposed Council not grant an exemption on the basis that it does not have the power to do so.

At the same time it is proposed the owner of the dogs be advised that an exemption would be considered if the provisions of section 10C(2) of the Act are complied with, and written advice obtained from a veterinary surgeon that the health of the dogs would be at risk if microchip was implanted.

Item	Brief Description	Date Approved
Local Government Act – s104, s105, s106(1), s106(2), s107(2), s107(3), s108(4) and s109(3)	Delegation to the Manager Works and Corporate Services the power to take action in accord with the provisions of the Act.	15 March 2013
Contract C06 – Reconstruction and Repair of Flood and Storm Damaged Roads, Bridges and Culverts	Nullawil Birchip Road - Variation (reduction) to the scope of works required as a result of geotechnical testing and road traffic counts ($135,221)	28 March 2013
Contract C06 – Reconstruction and Repair of Flood and Storm Damaged Roads, Bridges and Culverts	Nullawil North Road, Nullawil – Variation (reduction) to the scope of works required as a result of geotechnical testing and road traffic counts ($139,025)	28 March 2013
Contract C06 – Reconstruction and Repair of Flood and Storm Damaged Roads, Bridges and Culverts	Nullawil North Road, Kalpienung – Variation (reduction) to the scope of works required as a result of geotechnical testing and road traffic counts ($240,206)	28 March 2013
Review of Financial Delegations to Officers	Amendments to current approved Financial Delegations to Officers. New Financial delegations to Recreation Officer and Senior Planning Officer positions ($1500 within their respective adopted budget allocations). (A full list of current financial delegations is attached)	25 March 2013
Contract C12/01 Wireless Micrrowave Network	Variation to the scope of works – Stage 3 Network upgrades in Wycheproof, Donald, Birchip, Sea Lake and Charlton to meet enhanced Business Continuity requirements following review of system outage in February 2013 and to reduce maintenance ongoing costs.- $58,520	2 April 2013

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 10 April 2013

	Position Title	Current IPOS Function	Approved IPOS Function	Current Approval Level	Approved Approval Level
1	CEO	Approve	Approve	$150,000	$150,000
2	Senior Procurement Officer	Requisition/ Approve	Requisition/ Approve	$5,000	$5,000
3	Procurement Officers/Trainee (Four positions)	Requisition	Requisition	Nil	Nil
4	Mgr Assets & Infrastructure	Requisition/ Approve	Requisition/Approve	$20,000	$20,000
5	Project Officer (One)	Requisition/Approve	Requisition /Approve	$1,500	$1,500
6	Project Officer (Two)	Requisition	Requisition	Nil	Nil
7	Technical Officers –(Two positions )	Requisition	Requisition	Nil	Nil
8	Plant Coordinator	Approve	Approve	$1,500	$1,500
9	Technical Officer Building and Property	Requisition/ Approve	Requisition/ Approve	$1,500	$1,500
10	Building Maintenance Team Leader	Requisition/ Approve	Requisition/ Approve	$500	$500
11	Recreation Officer	Requisition	Requisition/ Approver	Nil	$1,500
12	Pool Superintendent	Requisition	Requisition	Nil	Nil
13	Mgr Finance	Approve	Approve	$20,000	$20,000
14	Senior Finance Officers (Two Positions)	Administration only	Administration only	N/A	N/A
15	Accounts Payable Officer	Administration only	Administration only	N/A	N/A
16	Assistant Manager Urban Areas & Environment	Approve	Approve	$5,000	$5,000
17	Assistant Manager Road Services	Approve	Approve	$5,000	$5,000
18	Superintendent Road Patrols	Requisition/ Approve	Requisition/ Approve	$1,500	$1,500
19	Superintendent Grading Maintenance	Requisition/ Approve	Requisition/ Approve	$1,500	$1,500
20	Superintendent Urban Infrastructure	Requisition/ Approve	Requisition/ Approve	$1,500	$1,500
21	Superintendent Waste & Environment	Requisition/ Approve	Requisition/ Approve	$1,500	$1,500
22	Senior Planning Officer	Nil	Requisition/Approve	Nil	$1,500
23	Economic Development Officer	Requisition	Requisition	Nil	Nil
24	Mgr Community Services	Approve	Approve	$20,000	$20,000
25	Unit Leader Aged & Disability Services Note 2	Nil	Approve	Nil	Nil
	Position Title	Current IPOS Function	Approved IPOS Function	Current Approval Level	Approved Approval Level
26	Manager Works & Corporate Services	Approve	Approve	$20,000	$20,000
27	Human Resources Officer	Approve	Approve	$1,500	$1,500
28	Records Coordinator	Approve	Approve	$1,500	$1,500
29	Customer Service Coordinator	Approve	Approve	$1,500	$1,500
30	Compliance Team Leader	Approve	Approve	$1,500	$1,500
31	Administration Officers (Two positions)	Requisition	Requisition	Nil	Nil
32	Manager Reconstruction	Approve	Approve	$20,000	$20,000

Notes:

1. As per revised Organisation structure dated ???? 2013.

2. Only in absence of next higher delegated officer and by request.

Authorised by:-

Signature:…………………………………………………………………………

Chief Executive Officer

Date:……..................

7.2.9 Community Local Law (Amendment) No 13 of 2013

Author’s Title: Compliance Officer - MFPO

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

Attachments:

1 ViewCommunity Local Laws (Amendment) No. 13 of 2013

2 ViewCommunity Local Laws (Amendment) No. 13 of 2013 - Discussion Paper

Relevance to Council Plan 2009-13

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

Strategy: Continuously developing the organisation and its people to provide our community, businesses and visitors with the best possible services.

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

Recommendation

That:

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

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

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

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

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

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

1. Executive Summary

The proposed Community (Amendment) Local Law makes a number of minor changes to the Community Local Law No. 11 (the Principal Local Law).

The Local Government Act 1989 (the Act) sets out the requirements that apply when a Council makes a Local Law. These requirements include community consultation, an assessment of the Local Law against a range of matters that are mostly set out in Schedule 8 of the Act and an assessment of the proposals against the Charter of Human Rights and Responsibilities Act 2006.

Council is also required to provide a “community impact statement” (by whatever title) that informs the Council and the community of the various assessments undertaken. Also attached to this report is the Discussion Paper that is intended to meet that requirement

This report is to obtain Council’s endorsement of the proposed amendments in the Community (Amendment) Local Law No. 13 and the Discussion Paper for the purposes of undertaking community consultation under sections 119 and 223 of the Act.

2. Discussion

The Community Local Law has been in operation since June 2011.

Since adoption of the Community Local Law (No.11) concern has been raised over the proliferation of shipping containers being placed on properties in the Shire and, following discussion with Council at Assembly Meetings as to the best approach to their regulation and control, it was decided that the Community Local Law provided the best option.

Because of the lengthy and detailed process prescribed by the Act in making or amending a Local Law, it was decided to undertake a review the whole Community Local Law and identify other changes that could be made at the same time, based on practical experience over the last two years.

Some of the changes, such as the requirement to obtain a permit to do works on a road, result from behavior that has recently been observed, where for instance, a person in a wheelchair had to go onto a highway to get around a scissor lift being used on a footpath.

The changes, such as those making it an offence to interfere with rubbish left for collection or for interfering with waste left at a landfill, are also intended to address problems that have recently emerged.

Other changes result from an assessment of the best way to enforce community controls.

While the Act contains powers for Council to prosecute for a breaches of the Act, which can be used for instance in relation to offences relating to roads, the alternative approach to enforcement by issuing an infringement notice is considered a more efficient and effective way of achieving the same compliance outcome.

As a result of all of the matters raised above, the following changes are proposed to be made to the Community Local Law.

Regulation of shipping containers

Throughout Victoria, and Buloke Shire is no exception, shipping containers are being used as an affordable, secure, weatherproof, relocatable alternative form of storage. In many cases, shipping containers are being located with little regard to the impact that they have on their surroundings, including neighbours in close proximity.

The Local Law amendments will require a person to obtain a permit to place a shipping container on land in a Township. (Township is defined by the maps in the Local Law).

A person proposing to place a container on land in a Township must be able to demonstrate that it is ancillary to the use of the land, satisfy location requirements (a container will not be able to be closer than 1 metre to any side boundaries and no closer than 2 metres to any side street) and that it can be screened by effective fencing, vegetation or colour to reduce its visibility from any road.

If it is proposed to locate a shipping container on vacant land a permit will not be issued unless a building permit for a dwelling has been applied for or a building permit has been issued.

Land in business zones, industrial zones and rural zones is treated differently to land in a Township.

In rural zones, the proposed amendments simply require that a shipping container placed on land in a rural zone is screened by effective fencing, vegetation or color to reduce its visual impact from any road.

The same requirements will apply to containers placed on land in industrial zones with the additional requirement that screening will also reduce visual impact from neighbouring residential properties.

In business zones container will not be permitted except for loading and unloading and that purpose will be restricted to a 72 hour period.

Given the recent increase in shipping containers being relocated in the municipal district, it is likely that the restrictions will attract criticism and will be considered too harsh. Unless controls are applied now to regulate siting, appearance and so on, the problem could become almost unmanageable and contribute even further to the existing detrimental appearance and condition of some properties.

Parking or leaving heavy mass or long vehicles on a road

Council Local Laws officers and others involved with maintenance and protection of Council (and community) assets are seeing an increase in heavy mass and long vehicles being left on roads in Townships. This is a concern because of the effect that heavy mass and long vehicles are having on the condition of roads in Townships and the resulting increased maintenance costs, which are ultimately borne by all of the community, not just those who damage the infrastructure or cause excessive wear and tear.

There are also public safety concerns because of the effects that heavy mass and long vehicles have on visibility and access for other road users and pedestrians.

There are existing restrictions under the (Victorian) Road Safety Road Rules 2009 (the Road Rules) on a driver stopping a heavy mass vehicle or a long vehicle on a length of road in a built up area for longer than 1 hour. Rule 200(2) of the Road Rules prescribes this restriction unless:

• the information on or with a traffic control device specifically permits stopping for longer than 1 hour;

• the driver is involved in dropping off or picking up goods; or

• stopping for longer than an hour in a built up area is permitted by the Council.

The proposed restrictions in the Local Law are consistent with Council powers under State legislation. The way in which Council will allow a heavy mass or long vehicle to be stopped for longer than 1 hour on a road in a Township will be by obtaining a permit. A person will be required to obtain a permit to park a heavy mass or a long vehicle on a road in a Township unless:

• the Council has designated a specific area where heavy mass or long vehicles can be parked;

• roads are signed as permitting heavy mass or long vehicles to be parked; or

• the heavy mass vehicle or the long vehicle is involved in dropping off or picking up goods.

There has always been a capacity in the Act for Councils to apply load limits to designated roads and bridges to protect assets and to minimise risk to users from deteriorating assets. Many Councils have applied similar restrictions in their local laws rather than rely entirely on the powers under the Act.

While a prohibition on stopping a heavy mass or a long vehicle already exists in the Road Rules it is possible that the proposal will attract some criticism from transport operators and businesses who may feel that the restriction will disadvantage them.

Opening or closing a road for works

Council currently uses its road management powers, based on Council’s road management obligations under the Act, to require that a permit be obtained to do works on a road that involves a road having to be opened or closed for a temporary period such as where scaffolding, hoarding or a crane need to be erected or where proposed works involve tunnelling or boring. It is proposed both current permits (one for opening a road and one or closing a road), be consolidated into a single permit to be issued under the Community Local Law.

The permit application puts Council in a position of knowing where works could interfere with or restrict the use of the road by other vehicles or pedestrians such as in the example referred to in the introductory comments under this part of the report, are being done. It will allow appropriate conditions to be included in a permit, such as a requirement for a bond to repair any damage done to the road which is over and above normal damage. The requirements will also enable the use of roads within the Shire to be better monitored and regulated for road safety purposes.

It is not anticipated that this requirement will attract much commentary as permit requirements already exist and are applied under the Local Government Act.

Other amendments

Other minor amendments to the Community Local Law will be made, mainly resulting from practical experience with the Local Law. These are:

• adding a specific reference to “motor vehicles” in the existing provisions about the condition and appearance of land.

• creating offences for interfering with rubbish left out for collection or rubbish left at Council landfills.

• creating offences for failing to comply with any conditions applied to the use of Council land notified by way of signs, conditions of entry to a Council facility or conditions of membership.

• failing to properly number premises where Council has allocated property numbers.

These changes are intended to either add clarity to existing provisions or introduce new requirements to deal with minor matters where local law powers are sufficient for enforcement purposes.

3. Financial Implications

There are nil Financial implications from this report.

4. Community Consultation

Any local law proposed to be made by a Council must, as a minimum, be subjected to community consultation under section 223 of the Act. In addition, Council must publish a community impact statement that provides information about the local law and assesses various elements of it. A person may request the Council to be heard in relation to a submission made by them and the Council must establish a special committee to do so.

It is not proposed to undertake any targeted consultation in relation to this Local Law.

5. Internal Consultation

The Local Law has been developed following discussions with the CEO and officers from Compliance Works, Assets and Infrastructure.

6. Legislative / Policy Implications

A local law must not be inconsistent with any Act or regulation and is inoperative to the extent of any inconsistency. A local law can complement State legislation as the proposed amendments about stopping a heavy or a long vehicle illustrate. The proposed provisions have been reviewed against any State legislation to ensure that there is no inconsistency or duplication.

There are no known policy implications associated with the proposed Local Law.

7. Environmental Sustainability

There are nil Environmental Sustainability implications from this report.

8. Conflict of Interest Considerations

There no known Conflict of Interest considerations at the time of writing this report.

9. Conclusion

The proposed amendments to the Community Local Law will provide Council officers with appropriate powers to respond to new complaints received. They will be applied in keeping with current practice which is to provide a person with a reasonable opportunity to remedy a breach of a local law provision and to serve formal notices on a person before an infringement notice is issued.

The changes will provide Council officers with more effective and efficient ways of achieving appropriate and reasonable standards for community amenity and community safety and the protection of Council assets.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 10 April 2013

9. OTHER BUSINESS

9.1 Petitions

9.1.1 Petition - Single Tree Road - Morton Plains

Author’s Title: Manager Assets & Infrastructure

Department: Assets and Infrastructure File No: RO/09/02

Attachments:

Nil

Relevance to Council Plan 2009-13

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

Priority: Continue the development and implementation of plans to protect and manage public assets in the Shire for the long-term.

RECOMMENDATION

That the Council:

1. Note the report

1. Executive Summary

A petition from 32 residents seeking an upgrade to maintenance of Single tree Road was tabled at the February Ordinary Meeting.

The petition was laid on the table as required by Council’s Meeting Local Law.

Councillors and Council staff have met with the petitioners to discuss their concerns and outlined the key issues of why the road was graded in the October or November months annually. This meeting was well attended and the issues around Council’s Municipal Fire Prevention Plan and Road Management Plan were discussed in detail.

Council staff undertook to work closely with the CFA to review the strategic fire breaks in the Municipal Fire Prevention Plan and keep the petitioners informed of the outcomes.

2. Discussion

The petition was in relation to Single Tree Road which is located north west of Donald and extends from the Sunraysia Highway through to Watchem Corack road just east of Watchem. The road runs roughly north/south and is to the west of Lake Buloke.

The petition informed Council of the condition of the road

Council’s Meeting Local Law requires a petition to be laid on the Table at an Ordinary Meeting of Council and a report presented to Council at the next Ordinary Meeting outlining investigations of the matters raised by the petitioners and make recommendations arising from that investigation.

A petition has been received, signed by 32 persons, principally residents of Donald and surrounds, requesting Council upgrade maintenance to Single tree Road and install new road signs at the intersection of Single tree Road and Walsh Road.

The petition is dated January 2013 and was received by Council on 15 January 2013. It was laid on the table at Council’s Ordinary Meeting of Council on February 13 2013.

Councillors and council staff have met with petitioners on the 20^th March 2013 to hear the concerns.

Council staff explained that whilst it wasn’t ideal to grade the road just prior to the harvest season, the road is currently a strategic fire break under the Municipal Fire Prevention Plan and therefore road is required to be in November each year.

Council explained that the CFA and Council staffs are currently reviewing these strategic fire breaks and Single Tree Road is one to be investigated in a joint meeting to be held in April. If this road is withdrawn as a strategic fire break, Council will maintain the road as per the standards and requirements set in the Road Management Plan.

At the meeting, Council staff also explained the process for signage requests and new signs have been ordered for strategic locations along the road.

Council staff

Whilst further work is required with the CFA to ascertain the future of this road as a strategic fire break, Council staff undertook to keep the petitioners informed of the outcomes.

It is recommended that Council note this report.

3. Financial Implications

Nil.

4. Community Consultation

Councillors and Council staff met with the petitioners on the 20^th March 2013 to discuss the concerns

5. Internal Consultation

Meetings have been held between Assets and Infrastructure, Works and Construction and Emergency Management staff to discuss the key issues of the petition.

6. Legislative / Policy Implications

This issue relates specifically relates to two key council strategic and policy documents:

- Municipal Fire Prevention Plan

- Road Management Plan

The petition was dealt with in accordance with Council’s Meeting Local Law requirements.

7. Environmental Sustainability

Not applicable

8. Conflict of Interest Considerations

There are no conflict of interest considerations associated with this report.

9. Conclusion

Following a Councillor and Council staff meeting with the petitioners, the concerned residents were satisfied with Council’s explanation of the history of grading the road in the October and November months. Council staff outlined the upcoming process to review strategic fire breaks and the likely implications on works to be completed on Single Tree Road.

It is recommended that Council note this report.

PROPERTY	DATE	VENDOR DETAILS
Nil.

PROPERTY/PROJECT	DATE	EXTERNAL PERSON OR ORGANISATION AGREEMENT IS WITH
Nil.

Application No	Applicant	Address	Date Rec	Summary of Proposal	Status
PPA466/12	Ferguson Perry on behalf of E Sait	Lot 5 of LP2950 Known as Gunyah Flat Rd, Charlton	30/08/2012	4 Lot Subdivision	LCA report being prepared
PPA 478/12	J McConville	45 Hammil St, Donald	21/11/2012	Use and development o Place of Assembly	Referral with DSE regarding CHMP req
PPA486/13	Department of Health	4 Learmonth Street, Charlton	04/01/2013	Use and development of a health facility	Awaiting government gazettal
PPA488/13	Coonooer Bridge Wind Farm Pty Ltd	941 Yeungroon Coonooer Road, Yeungroon,	11/01/2013	Wind Energy Facility	Objections received
PPA495/13	Price Merrett Consulting	519 Marlbed Curyo Road, Marlbed	18/02/2013	Two Lot Subdivision and Rural dependent enterprise	Further information request
PPA 496/13	J Smith	1 Lockwood Street, Birchip	22/03/2013	Change of Use	New
PPA 497/13	P Jolly	1 A Saleyards Road, Birchip	01/03/2013	Use and development of a storage shed	Notice of Application

Date	Permit No.	Applicant	Address and Project
12.3.13	493/13	Price Merrett Consulting on Behalf of H Bailey P O Box 1172 Swan Hill Vic	Lot 1 TP 531811L Parish of Watchupga Known as 3643 Sunraysia Highway, Watchupga Two Lot Subdivision
	486/12	Buloke Shire Council (Planning Scheme)	4 Learmonth Street, Charlton Building and Works Associated with the Development of a Hospital
14.2.13	485/12	Ferguson Perry Consulting on behalf of G Pickering 62 McLachlan Street Horsham Vic	CA 92 Section A Parish of Watchem Known as 376 Pickering road, Warmur Two Lot Subdivision

Date	Permit No.	Applicant	Address and Project
18.2.13	487/13	Ferguson Perry Consulting on behalf of J & K Doak 62 McLachlan Street Horsham Vic	Lot 1 TP 400719f & Lot 2 LP 135613 Parish of Witchipool Known as 20 – 22 McCracken Avenue, Donald Two Lot Subdivision (Boundary Realignment)
19.3.13	494/13	Mr M Parton Windlab 301/55 Blackall Street Barton ACT	CA 33 Section A Parish of Coonooer East Known as Yeungroon – Coonooer Road, Yeungroon Development and Use of a Meteorological Monitoring Mast
2.4.13	490/13	Acciona Energy Oceania Pty Ltd Level 12 Freshwater Place 2 Southbank Boulevard Southbank Vic	CA 46, 48 & 51 Sec B Parish of Coonooer East – Old Wedderburn Road, Yeungroon Lot 5 TP 408900B Brandrups road, Nine Mile 3518 Lot 1 TP 411805B Gap Road, Nine Mile 3518 The extension of time to Planning Permit 352/10 by a further eighteen months.

Date	Cert No.	Applicant	Address and Project
Nil.