Ordinary Council Meeting

 Agenda

Wednesday 11 December 2013

Commencing at 7.00pm

 

Wycheproof Supper Room

367 Broadway, Wycheproof

 

 

Paul Younis

Acting Chief Executive Officer

Buloke Shire Council


Buloke Shire Council Ordinary Meeting Agenda                           Wednesday, 11 December 2013

ORDER OF BUSINESS

1.       COUNCIL prayer AND WELCOME

The Mayor Cr Reid Mather will read the Council Prayer and welcome members of the gallery.

2.       RECEIPT OF APOLOGIES  

3.       CONFIRMATION OF MINUTES OF PREVIOUS MEETING  

Recommendation:

That Council adopt the Minutes of the Ordinary Meeting held on Wednesday, 13 November 2013.

4.       REQUESTS FOR LEAVE OF ABSENCE 

5.       DECLARATION of PECUNIARY AND conflictS of interest

In accordance with Sections 77A, 77B and 78 of the Local Government Act Councillors are required to disclose an "interest" in a decision if they would receive, or could be reasonably perceived as receiving a direct or indirect financial or non-financial benefit or detriment (other than as a voter, resident or ratepayer) from the decision.

Disclosure must occur immediately before the matter is considered or discussed.

6....... Procedural Items

6.1            Council Approval for use of Council Seal  4

6.2            Report of Assembly of Councillors Meetings  5

6.3            Building Permits - Monthly Update  10

6.4            Planning Applications Received - Monthly Update  12

6.5            Planning Applications Approved By Acting Chief Executive Officer  13

6.6            Road Opening Permits - Monthly Report  14

6.7            Letters of Congratulations and Recognition of Achievement/Awards  15

6.8            Local Law Permits - Monthly Report  16

7....... General Business

7.1      Policy Reports   17

Nil

7.2      Management Reports   18

7.2.1        Community Grants and Sponsorship  18

7.2.2        Exercise of Delegation - 11 December 2013 to 12 February 2014  20

7.2.3        Planning Permit Application 522/13 Two Lot Subdivision (Dwelling Excision) - 4907 St Arnaud-Wycheproof Road, Teddywaddy West 3527  22

7.2.4        Expression of Interest process for the sale or lease of 14 McCulloch Street, Donald  28

7.2.5        Vic Roads Agency Services  31

7.2.6        Temporary Road Closures - 2013 Town Christmas Parties  34

7.2.7        Culgoa-Watchupga Rd over Tyrrell Ck Bridge  36

7.2.8        Buloke Shire Council Annual Report 2012-2013  38

7.2.9        Appointment of Authorised Officer  173

7.3      Financial Reports   179

Nil

8....... REPORTS FROM COUNCILLORS

8.1      Delegate Reports   180

Nil

8.2      Activity Reports   180

Nil

8.3      Report from the Mayor   180

Nil

9....... OTHER BUSINESS

9.1      Petitions   181

Nil

9.2      Notices of Motion   181

Nil

9.3      Questions from Councillors   181

Nil

9.4      Questions from the Public   181

Nil

9.5      Any Other Procedural Matter   181

Nil

9.6      Urgent Business   181

Nil

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

Nil

11..... ANY OTHER BUSINESS

12..... MEETING CLOSE

 

NEXT MEETING

The next Ordinary Meeting of Council will be held in Wycheproof Supper Room, 367 Broadway, Wycheproof on Wednesday, 12 February 2014 at 7.00pm.

 

 

PAUL YOUNIS

ACTING CHIEF EXECUTIVE OFFICER


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

6.          Procedural Items

6.1       Council Approval for use of Council Seal

Author’s Title:           Governance Officer

Department:              Office of the CEO                                            File No: Nil

Attachments:

Nil

 

 

RECOMMENDATION

 

That Council approval be granted to the Chief Executive Officer to execute the items as listed below.

 

 

1.       Executive Summary

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

 

2.       Agreements/Leases

PROPERTY/PROJECT

EXTERNAL PERSON OR ORGANISATION AGREEMENT IS WITH

Planning and Environment Act 1987
Section 173 Agreement

 

Planning Permit Number 495/13

Australian Farms Fund Management Pty Ltd (Owner)

 

C/- Dwyer Mahon and Robertson
P O Box 503
Swan Hill   Vic   3585

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

6.2       Report of Assembly of Councillors Meetings

Author’s Title:           Governance Officer

Department:              Office of the CEO                                            File No: GO/05/04

Attachments:

1       ViewRecord of Assembly of Council - 11 November 2013

2       ViewRecord of Assembly of Council Meeting - 27 November 2013

 

 

 

RECOMMENDATION

 

That the Council note the reports of Assembly of Councillor Meetings held on 11 and 27 November 2013. 

 

 

1.       Key Points/Issues

The Local Government Act 1989 (the Act) provides that a record must be kept of any Meeting of Councillors and Staff deemed to be an Assembly of Councillors Meeting as defined in the Act.

The Act also provides that the record of any Assembly of Councillors is to be reported to the next practicable Council Meeting and recorded in the Minutes.

A record of the Assembly of Councillor Meetings held on 11 and 27 November 2013 are attached.

 


Buloke Shire Council Ordinary Meeting Agenda                                 Wednesday, 11 December 2013

6.2                   Report of Assembly of Councillors Meetings

Attachment 1    Record of Assembly of Council - 11 November 2013

 

BULOKE SHIRE COUNCIL

RECORD

Assembly of Council Meeting

 

Date and Time:

11 November 2013                                                  

 

Location:

Donald District Office

Attendees:

Cr Reid Mather – Mayor

Cr Ellen White

Cr David Pollard

Cr Stuart McLean

Cr Leo Tellefson

Cr Gail Sharp

Cr Graeme Milne

 

Anthony Judd – Acting Chief Executive Officer

Bill Ryan – Manager Finance

Gaynor Doreian – Manager Works and Construction

Bill Keane – Manager Community Services

Warren Hemopo – Manager Reconstruction

Judi Bird – Senior Procurement Officer

Louisa Ferrier – Acting Manager Assets and Infrastructure

Apologies:

Warwick Heine – Chief Executive Officer

 

 

ITEMS

 

NO.

TOPIC

 

1.

Declarations of Conflicts of Interest

 

2.

Presentations

 

 

2.1

Rob Weppner – Swan Hill Police

 

 

2.2

Mallee CMA – Culgoa Flood Study Presentation

 

 

2.3

Contract C 6 & C 12 – Flood Reconstruction Contract Briefing Update

 

3.

CEO and Senior Management Team Reports

 

4.

Governance

 

 

4.1

Council Plan 2013 - 2017

 

 

4.2

Code of Conduct for Staff

 

 

4.3

Ordinary Meetings of Council – Progress of Actions from Minutes

 

 

4.4

Audit Advisory Committee – Progress of Actions

 

5.

Financial Report

 

6.

Major Projects update

 

7.

Government Matters

 

 

 

Next Briefing: 

Date and Time:

27 November 2013

Time:    5.00pm to 8.00pm

Location:

Wycheproof Supper Room

 


Buloke Shire Council Ordinary Meeting Agenda                                 Wednesday, 11 December 2013

6.2                   Report of Assembly of Councillors Meetings

Attachment 2    Record of Assembly of Council Meeting - 27 November 2013

 

BULOKE SHIRE COUNCIL

RECORD

Assembly of Council Meeting

 

Date and Time:

27 November 2013                                                  

 

Location:

Wycheproof Supper Room

Attendees:

Cr Reid Mather – Mayor

Cr Ellen White

Cr Stuart McLean

Cr Leo Tellefson

Cr Gail Sharp

Cr Graeme Milne

 

Paul Younis – Acting Chief Executive Officer

Bill Ryan – Manager Finance

Anthony Judd – Manager Assets and Infrastructure

Gaynor Doreian – Manager Works and Construction

Bill Keane – Manager Community Services

Warren Hemopo – Manager Reconstruction

Apologies:

Cr David Pollard

 

 

ITEMS

 

NO.

TOPIC

 

1.

Declarations of Conflicts of Interest

 

2.

Presentations

 

2.

2.1

Acciona Energy Representatives

 

3.

Items for Discussion

 

 

3.1

Councillor Communications

 

 

3.2

Ordinary Council Meeting Action Updates

 

 

3.3

Major Projects

 

 

3.4

Road Management Plan

 

 

3.5

Financial Update

 

 

 

Next Briefing: 

Date and Time:

9 December 2013   

Time:    5.00pm to 8.00pm

Location:

Meeting Room, Charlton District Office

 

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

6.3       Building Permits - Monthly Update

Author’s Title:           Compliance Administration Officer

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

Attachments:

Nil

 

 

 

RECOMMENDATION

 

That the Council note information contained in the report on Building Permits approved by staff from 1st November 2013 to 30th November 2013.

 

 

1.       Executive Summary

This report provides information on Building Permits approved by staff from 1st November 2013 to 30th November 2013.

 

2.       List of Building Permits Approved by Council Surveyor

Permit No.

Address

Project Description

Value

Date Approved

20130156

95 Hannon Street, SEA LAKE

New Building: Dwelling

$195,842

1/11/2013

20130157

16 High Street, CHARLTON

New Building: Four Dwelling Units & Carports

$400,000

7/11/2013

20130158

522 Boigbeat East Road, BOIGBEAT

Addition & Alteration to Dwelling

$142,000

7/11/2013

20130159

Sunraysia Highway, BIRCHIP

New Building: Farm Shed

$61,743

8/11/2013

20130161

20 Clifton Street, CHARLTON

New Building: Shed

$19,300

18/11/2013

20130163

27 Walker Street, DONALD

New Building: Verandah

$3,987

19/11/2013

20130165

367A Mills Road, WHIRILY

Extension: Addition & Alteration to Dwelling

$9,900

28/11/2013

                  

3.       List of Building Permits Approved by Private Building Surveyors

Permit No.

Address

Project Description

Value

Date Approved

20130154

44 Duncan Street, BIRCHIP

New Building: Carport & Verandah

$21,600

17/10/2013

20130155

48 Mildura Way, CHARLTON

Re-Stump: Re-Stump Dwelling

$28,545

17/10/2013

20130160

295 Nullawil-Birchip Road, NARRAPORT

New Building: Farm Shed

$125,589

30/10/2013

20130162

522 Boigbeat East Road, BOIGBEAT

Other: Swimming Pool & Safety Barrier

$37,170

147/11/2013

20130164

7-21 Mount Street, WYCHEPROOF

New Building: Verandah x3

$36,500

7/11/2013

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

6.4       Planning Applications Received - Monthly Update

Author’s Title:           Planning Officer

Department:              Office of the CEO                                            File No: LP/09/01

Attachments:

Nil

 

 

 

RECOMMENDATION

 

That the Council note the planning applications under consideration by staff and the status of each of these applications.

 

 

1.       Executive Summary

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

 

2.       List of Planning Applications

Application No

Applicant

Address

Date Rec

Summary of Proposal

Status

PPA510/13

CFA

55-63 Railway Avenue, Sea Lake

22/10/13

Emergency Services Facility

Objection received

PPA519/13

GR & AM Padgett

2-4 Mildura Way, Charlton

27/08/13

Dwelling Extension

Await S173

PPA527/13

P Clapham

75 Best Street, Sea Lake

9/10/13

Repairs works to Verandah

Referral

PPA528/13

Harberger Farm Supplies

Racecourse Road, Donald

2/10/13

New weighbridge

Further Information requested

PPA530/13

Coonooer Bridge Wind Farm Pty Ltd

941 Yeungroon-Coonooer Road, Yengroon

6/11/13

Amendment to Permit 488/13

Referral

PPA531/13

CFA

270 Yeungroon-Nine Mile Road, Yeungroon

22/11/13

Emergency Services Facility

Referral

 

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

6.5       Planning Applications Approved By Acting Chief Executive Officer

Author’s Title:           Governance Officer

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

Attachments:

Nil

 

 

RECOMMENDATION

 

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

 

1.       Executive Summary

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

2.       List of Planning Permits

Date

Permit No.

Applicant

Address and Project

15.11.13

526/13

Jacob Noonan on behalf of O’Connors Farm Machinery
41 Abbott Street
Birchip  Vic   3483

74 – 76 Campbell Street, Birchip    3483

Pty No:  230 608 301

 

Installation of Business Signage including Illuminated Signage

22.10.13

529/13

G Smith
51 Birchip-Corack Road
Birchip   Vic   3483

Lot 1 LP 75251, Parish of Narraport

Pty No:  284 301 001


Known as Birchip-Corack Road, Birchip

 

Development and Use of a Machinery Shed

29.11.13

471/12A

Mr P Noonan
Country Design Building P/Ltd
29 Canterbury Street

Flemington   Vic

Lot 1 TP 697563Y  Parish of East Charlton
Pty No:  363 008 302

Known as 16 High Street, Charlton

 

Use and development of four dwellings

 

525/13

525/13

Mrs Alan Craven
Hazkem Pty Ltd
12/1020 Doncaster Road

Doncaster East 3109

91 – 93 High Street, Charlton

Pty No:  363 003 002

 

Works to remove an existing 5.3kl LP Gas Vessel, Installation of a 7.5kl LP Gas Vessel and Colourbond Fence

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

6.6       Road Opening Permits - Monthly Report

Author’s Title:           Assets Engineer

Department:              Office of the CEO                                            File No: RO/14/01

Attachments:

Nil

 

 

 

RECOMMENDATION

 

That the Council note information contained in the report on Road Opening Permits.

 

 

1.       Executive Summary

To provide Council information on Road Opening Permits applications received by Council from 1 November 2013 to 30 November 2013.

 

2.       List of Road Opening Permits Approved or Not Approved by Council

Road

Requesting Authority

Approved or
Not Approved

Date

37  Corack Road, Birchip, VIC 3482

Paul Gray Builders Pty Ltd, 109 High Street, Bendigo, VIC 3550

Approved

8/11/2013

 

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

6.7       Letters of Congratulations and Recognition of Achievement/Awards

Author’s Title:           Governance Officer

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

Attachments:

Nil

 

 

 

RECOMMENDATION

That the Council acknowledge and congratulate the persons and/or groups mentioned in the report for their achievements.

 

 

1.       Executive Summary

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

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

 

2.       Recognition of Achievement Items

Provider

Recipient

Date

Purpose for Recognition

Tri State Games in Mannum South Australia

Damian Sheehan

Attendee of Woodbine Centre in Warracknabeal

 

Extremely successful recently at the Tri State Games in Mannum, South Australia, for the disabled.    Winning gold in the 50 metre run and upright beanbag throw and bronze in the 36 metre walk in the pool.

Also was part of the Warrack Warriers team that came third in the indoor games and received the Community Inclusion Award.

Damian is a strong supporter of his fellow athletes, and is well known and liked by all that attend these fantastic games.

State Athletic Finals in Melbourne

Kye Jenkyn
Charlton P-12 College

 

Winning the Under 16 1500 metres State Champion and came second in the 800 metres event at the State Athletic Finals in Melbourne.

Buloke Shire Council

Karen Robertson, Ambulance Community Officer, Donald Branch

 

To recognise her retirement from being an Ambulance Community Officer with the Donald Branch after 20 years of service.

During this time Karen has answered well in excess of 1,000 calls and was the Auxilliary President for 17 years.

 

 

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

6.8       Local Law Permits - Monthly Report

Author’s Title:           Compliance Officer - MFPO

Department:              Office of the CEO                                            File No: LA/16/02

Attachments:

Nil

 

 

 

RECOMMENDATION

 

That the Council note information contained in the report on Local Laws Permits approved by staff.

 

 

1.       Executive Summary

To provide information on Local Laws Permits approved by staff from 1   November 2013 to 30 November 2013.

 

2.       List of Local Laws Permits Approved by Compliance Team Leader

Permit No

Address

Permit

Date Approved

Expiry Date

LL10/DK65/13

Charlton

Raffle

7/11/13

22/12/13

LL10/DK66/13

Charlton

Raffle

7/11/13

30/11/13

LL10/DK67/13

Charlton

Raffle

7/11/13

5/12/13

LL10/DK68/13

Donald

Raffle

11/11/13

6/12/13

LL10/DK69/13

Charlton

Raffle

15/11/13

19/12/13

LL10/DK70/13

Sea Lake

Raffle

15/11/13

13/12/13

LL10/DK71/13

Birchip

Raffle

19/11/13

20/12/13

LL10/SF37/13

Birchip

Street Furniture

19/11/13

30/6/14

LL10/DK72/13

Birchip

Raffle

22/11/13

3/12/13

LL10/DK73/13

Birchip

Raffle

26/11/13

21/12/13

LL10/DK74/13

Birchip

Raffle

27/11/13

6/12/13

  


Buloke Shire Council Ordinary Meeting Agenda                           Wednesday, 11 December 2013

 7.         General Business

7.1       Policy Reports

                         Nil


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

7.2       Management Reports

7.2.1    Community Grants and Sponsorship

Author’s Title:           Community Development Officer

Department:              Office of the CEO                                            File No: GS/09/42

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

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

Strategy:                              Working with communities and other stakeholders in planning for and making decisions about the future

Priority:                                Celebrate the vitality and resilience of towns and localities across the Shire through facilitation and support for events and community festivals   

 

 

RECOMMENDATION

 

That:

1.   That Council approve the applications and grant the amounts listed in this report.

 

2.  The CEO be delegated to approve further applications received prior to the Feb 2014 Council Meeting.

 

1.       Executive Summary

For Council to consider the allocation of funds from the Community Grants and Sponsorship Program.

2.       Discussion

In order to address the requirements of the Local Government Investigations and Compliance Inspectorate, Council has moved to provide support for community projects through the Community Grants and sponsorship program. 

 

Community groups have applications for events that will occur before the end of the year, these events have historically been supported by Council through Donations.    

 

It is expected that further applications for sponsorship will be received prior to the next Council meeting which will require approval for the events to proceed.  In order to facilitate this process it is proposed to delegate the approval of sponsorships to the CEO for the period to the Feb 2014 Council Meeting

 

List of Approved Community Grants and Sponsorship Applications

Applicant

Event

Amount

Advance Sea Lake

Christmas Party, Buy Local

$500.00

Birchip Business & Learning Centre

Christmas Party, Buy Local

$500.00

Birchip Freeza

Freeza Event Hall Hire

$350.00

Birchip Senior Citizens

Christmas Lunch

$500.00

Charlton Chamber

Christmas party, Buy Local

$500.00

Charlton P12

Awards Night

$100.00

Charlton Seniors

Christmas Lunch

$500.00

Culgoa Development Group

Christmas party, Buy Local

$250.00

Culgoa Senior Citizens

Christmas Lunch

$500.00

Donald Chamber of Commerce

Christmas party, Buy Local

$500.00

Donald High School

Awards Night

$100.00

Donald Senior Citizens

Christmas Lunch

$500.00

Nullawil Progess

Christmas party, Buy Local

$250.00

Nullawil Senior Citizens

Christmas Lunch

$500.00

Sea Lake Senior Citizens

Christmas Lunch

$500.00

Wyche proof P12

Awards Night

$100.00

Wycheproof Senior Citizens

Christmas Lunch

$500.00

Total

 

$6650.00

 

The above applications have been assessed against the sponsorship criteria by Council officers and it is recommended Council approve these sponsorship applications under the Community Grants and Sponsorship program

3.       Financial Implications

Funding has been provided in the Community Services and Economic Development Budgets this year for the Senior Citizens and Chamber of Commerce events. These allocations are $4,000 and $3,750 respectively. The Birchip FREEZA event support will come from the Contributions and Donations Governance account.

4.       Community Consultation

The applications were advertised and council officers assisted groups to apply.

5.       Internal Consultation

Nil.

6.       Legislative / Policy Implications

Applications are consistent with councils Community Grants and sponsorship program.

7.       Environmental Sustainability

Nil.

8.       Conflict of Interest Considerations

Nil.

9.       Conclusion

It is recommended that the grants be approved and the CEO be delegated to approve further applications received prior to the Feb 2014 Council Meeting.

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

7.2.2    Exercise of Delegation - 11 December 2013 to 12 February 2014

Author’s Title:           Acting Chief Executive Officer

Department:              Office of the CEO                                            File No: PE/02/01

Attachments:

1       Attachment - Confidential Schedule - printed in separate document

Relevance to Council Plan 2013 - 2017

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

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

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

 

 

RECOMMENDATION

 

That:

1.       Council notes and declares the Confidential Attachment to the Report Item 7.2.1, Exercise of Delegation – 11 December 2013 to 12 February 2014, pursuant to Section 77(2) of the Local Government Act 1989, on the grounds that it relates to contractual matters as described in Section 89(2) (d) of the Local Government Act 1989.

 

2.       Council authorises the use of delegated authority by the Chief Executive Officer to award the following Contracts during the period 11 December 2013 to 12 February 2014:

 

Contract No. C17 2013/14 – Redevelopment of Synthetic Lawn Bowling Green, for Birchip Bowls .

 

Contract No. C15 – 2013/14 – Construction of the Donald Family Services Centre.

 

1.       Executive Summary

This report is for Council to authorise the use of delegated authority by the Chief Executive Officer in awarding contracts for the period 11 December 2013 to 12 February 2014.

2.       Discussion

Council has the authority to delegate certain powers and functions under Section 98(1) of the Local Government Act 1989. During the period between the December 2013 Council meeting and the February 2014 Council meeting, there will be a requirement for certain tenders to be accepted.  This will allow these projects to proceed without delay and ensure they are delivered in accordance with Councils forward works plan.

 

The following contracts are proposed to be awarded.  The estimated value of the tenders will be as per the attached confidential schedule (Confidential Attachment 1).

 

Contracts:

 

Contract No. C17 2013/14 – Redevelopment of Synthetic Lawn Bowling Green, for Birchip Bowls.

Contract No. C15 – 2013/14 – Construction of the Donald Family Services .

3.       Financial Implications

The tenders proposed for award have been endorsed by Council in its 2013/2014 Budget and form part of councils adopted works program.

4.       Community Consultation

The projects have been publicly tendered in accordance with councils procurement policy.

5.       Internal Consultation

Nil

6.       Legislative / Policy Implications

The estimated value of the works exceed the current authority delegated to the Chief Executive Officer.  Council are able to authorise further delegations to the Chief Executive Officer in accordance with the Local Government Act 1989, Sect 98(1)

7.       Environmental Sustainability

Nil

8.       Conflict of Interest Considerations

Nil

9.       Conclusion

To allow timely progress on projects it is proposed to provide for the Chief Executive Officer to award the specified tenders.  The Confidential Attachment outlines the estimated value of these tenders

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

7.2.3    Planning Permit Application 522/13 Two Lot Subdivision (Dwelling Excision) - 4907 St Arnaud-Wycheproof Road, Teddywaddy West 3527

Author’s Title:           Planning Officer

Department:              Office of the CEO                                            File No: LP/09/01

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

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

Strategy:                              Building on our comparative advantages in sustainable agricultural  production and related value-adding and service industries

Priority:                                Promote the capability of local producers to provide high quality grains, legumes, oil seeds and live meat to local, national and international markets and ensure Land Use Policies in the Buloke Planning Scheme protect the future of these economic assets   

 

 

RECOMMENDATION

 

That Council:

Determine to approve the Planning Permit application for a subdivision – dwelling excision at Crown Allotment  72A and 72B Parish of  Teddywaddy known as 4907 St Arnaud-Wycheproof Road, Teddwaddy West 3527 subject to the following conditions:

 

1) . This permit will expire if:

a. The subdivision has not commenced within two years of the date of this permit; or

b. The subdivision has not been completed within four years of the date of this permit.

The Responsible Authority may extend the periods referred to, if a request is made
in writing before the permit expires or within three months afterwards.

 

2) The subdivision as shown on the endorsed plans must not be altered, except for the purpose of fulfilling the referral authority conditions, without the written consent of the Responsible Authority.

 

3) Before the plan of subdivision is certified under the Subdivision Act 1988, the owner of each Lot created must enter into an agreement with the Responsible Authority made pursuant to section 173 of the Planning and Environment Act 1987, and make application to the Registrar of Titles to have the agreement registered on the title to the land under Section 181 of the Act.  The agreement must state that;

The land at Lot 1 and 2 may not be further subdivided so as to increase the number of Lots and no further dwellings should be erected on the land (as the excision of the dwelling unintentionally creates an additional entitlement for a dwelling without a planning permit on Lot 2.)

The applicant/owner acknowledges the dwelling is located within an agricultural area and from time to time rural activities on nearby land may adversely affect the residential amenity of this dwelling and its surrounds.

The owner must pay the reasonable costs of the preparation, execution and registration of the Section 173 Agreement.

 

4)   If a new access is required from the St Arnaud-Wycheproof Road to either lot, this must be in accordance with VicRoads standards at full cost to the owner.

Referral Authority Conditions:

Powercor

5) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

6) The applicant shall:-

-     Where buildings or other instillations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Instillation Rules issued by the Victoria Electrical Supply Industry. You shall arrange compliance through a Registered Electrical Contractor

-     Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations.

-     Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

-     Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoin land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of “Powercor Australia Ltd” for “Powerline Purposes” pursuant to Section 88 of the Electricity Industry Act 2000

-     Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

Grampians Wimmera Mallee Water

7) The plan of subdivision submitted for certification must be referred to GWMWater in accordance with Section 8 of the Subdivision Act.

Telstra

8)   The owner of the land must enter into an agreement with:

a) A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

 

b) A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network (NBN) will not be provided by optical fibre.

 

 

1.       Executive Summary

A planning permit has been submitted for a two lot subdivision (dwelling excision) that will create two lots with Lot 1 being 2.887 hectares containing the existing dwelling and associated outbuildings, and Lot 2 being 152.6 hectares of dry land farming.  A planning permit is required for subdivision in the Farming Zone.

 

2.       Discussion

 

A Planning Permit application (PPA 522/13) was received for a subdivision –dwelling excision and Rural Dependent Enterprise at Crown Allotment  72A and 72B Parish of  Teddywaddy known as 4907 St Arnaud-Wycheproof Road, Teddwaddy West 3527.

 

The land is within the Farming Zone (FZ) of the Buloke Planning Scheme.

 

The subject land  currently contains two titles with a total area of 155.37 hectares in size. Crown Allotment 72A contains 26.17 hectares with the balance of the lot, being 129.2 hectares contain in Crown Allotment 72B. The application is for 2.887 hectares to be excised off including the dwelling and related outbuildings leaving 152.6 hectares of agricultural land.

 

It is proposed that the planning permit be granted subject to conditions.

 

The application has been advertised with Public Notice sent to the neighbouring properties. A copy of the application was available at the Donald Council offices and no concerns or objections were raised.

The applicants have provided a written response addressing the Decision guidelines of the Farming Zone with the planning application as required.

 

3.       Decision Making

 

A planning permit could not be issued under delegation from the council as the proposal for a subdivision- dwelling excision creating a lot greater than 2 hectares does not meet the Zone requirement or local planning policies as specifically written.

 

This report is presented to Council so that Council may consider whether to approve this application for a subdivision – dwelling excision of 2 hectares within the Farming Zone if it is satisfied that the proposal meets the intent and objectives of the local planning policy, State Planning Policy Framework and Farming Zone.

 

The specific issues under consideration are:

 

The land is within Farming Zone where a planning permit is required to subdivide under Clause 35.07-3 of the Scheme. The schedule to the Farming zone requires a minimum subdivision area of 100 hectares. However, in accordance with Clause 35.07-3 Subdivision, a permit may be granted to create a smaller lot if the subdivision is to create a lot for an existing dwelling.

 

An increasing issue with small lot subdivision dwelling excisions in the Farming Zone is the decision guideline of appropriate subdivision design. Many rural houses have substantial setbacks from the road and related outbuildings at a distance from the house to reduce noise and amenity issues. In this circumstance, these issues are not applicable as dwelling and associated outbuildings are close to the front boundary and road.

 

However, the proposed smaller lot containing the dwelling and outbuildings has an area of 2.887 hectares, therefore, greater than the minimum of 2 hectares.

 

It is also a decision guideline to determine if an appropriate buffer surrounds the dwelling to ensure that general farming operations continue with minimal amenity impact, which can further add to the area required in an excision.

 

 

 

 

Local Planning Policies

 

Rural land use and sustainable agriculture – Small Lot excision in the rural zone

 

Buloke Planning Scheme Local Planning Policy at Clause 22.03 Rural land use and sustainable agriculture has a specific section entitled ‘Small Lot excision in the rural zone’ that states:

 

·    Lots created under the excisions provision of the rural zone should have a maximum size of two (2) hectares, except as otherwise required by a provision of this planning scheme.

 

·    Dwellings excised under the provision of rural zones should be in a habitable condition and able to comply with the Building Code of Australia to this extent.

 

·    The excision of dwellings will take place in a manner that will ensure the dwelling does not have the potential to restrict agricultural production on adjacent land.

 

·    An adequate distance should be maintained within the excised lot around the dwelling to reasonably limit any likely impacts on adjacent agricultural activity.

 

·    Subdivision likely to lead to concentration of lots as to change the general use and character of the rural area will be discouraged unless it can be shown that the clustering of lots will not limit the productive use and development of the larger lots in the subdivision or the surrounding.

 

It is recommended that two S.173 Agreements be entered in to; one for the small Lot 1 being created so that no further subdivision takes place and that the Lot does not affect the agricultural as of use rights on surrounding properties. A second S.173 Agreement is to be placed on Lot 2 to prevent further subdivision and no further dwelling development. The purpose of this is to prevent proliferation of small Lots and to ensure that no unintentional entitlement to further development is created by the subdivision.

 

This subdivision, if approved, will create one small parcel with a dwelling and one large parcel for agricultural use thus creating a more sustainable parcel of agricultural land that does not have an inflated price due to the existence of a house. Also the right to develop the existing separate parcels under the current scheme is extinguished by the Section 173 Agreement to be applied, protecting the agricultural land from future, inappropriate, development.

4.       Financial Implications

The lots front the St Arnaud-Wycheproof Road, which is an arterial road and managed by VicRoads.  Any additional access would be at the applicants, and would be required to be constructed to VicRoads standards.  No additional financial implications are foreseeable.

5.       Community Consultation

Letter giving notice of the application forwarded to neighbouring property owners and occupiers of which there was one.

6.       Internal Consultation

No internal consultation was required.                                

7.       Legislative / Policy Implications

The Planning Permit and Report are in accordance with the Planning& Environment Act

1987, the Buloke Planning Scheme and the Subdivision Act 1988.

8.       Environmental Sustainability

The application or related approval, does not include permission for any vegetation removal.

9.       Conflict of Interest Considerations

None that have been brought to the attention of Council’s planning department.

10.     Conclusion

It is recommended that a planning permit be issued for the Two Lot subdivision for the purpose of excising the dwelling from the balance of the agricultural land. This planning permit approval is recommended on the basis of the following conditions being applied:

 

1)  This permit will expire if:

 

a. The subdivision has not commenced within two years of the date of this permit; or

b. The subdivision has not been completed within four years of the date of this permit.

 

The Responsible Authority may extend the periods referred to, if a request is made
in writing before the permit expires or within three months afterwards.

 

2)   The subdivision as shown on the endorsed plans must not be altered, except for the purpose of fulfilling the referral authority conditions, without the written consent of the responsible authority.

 

3)    Before the plan of subdivision is certified under the Subdivision Act 1988, the owner of each Lot created must enter into an agreement with the responsible authority made pursuant to section 173 of the Planning and Environment Act 1987, and make application to the Registrar of Titles to have the agreement registered on the title to the land under section 181 of the Act. The agreement must state that;

The land at Lot 1 and 2 may not be further subdivided so as to increase the number of Lots and no further dwellings should be erected on the land (as the excision of the dwelling unintentionally creates an additional entitlement for a dwelling without a planning permit on Lot 2.)

 

The applicant/owner acknowledges the dwelling is located within an agricultural area and from time to time rural activities on nearby land may adversely affect the residential amenity of this dwelling and its surrounds.

 

The owner must pay the reasonable costs of the preparation, execution and registration of the section 173 agreement.

 

4)    If a new access is required from the St Arnaud-Wycheproof Road to either lot, this must be in accordance with VicRoads standards at full cost to the owner.

Referral Authority Conditions:

 

Powercor

5)    The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

 

6)    The applicant shall:-

-      Where buildings or other instillations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Instillation Rules issued by the Victoria Electrical Supply Industry. You shall arrange compliance through a Registered Electrical Contractor

-      Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations.

-      Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

-      Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoin land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of “Powercor Australia Ltd” for “Powerline Purposes” pursuant to Section 88 of the Electricity Industry Act 2000

-      Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

 

GWMWater

 

7)    The plan of subdivision submitted for certification must be referred to GWMWater in accordance with Section 8 of the Subdivision Act.

 

Telstra

 

8)    The owner of the land must enter into an agreement with:

 

a) A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

 

b) A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network (NBN) will not be provided by optical fibre.

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

7.2.4    Expression of Interest process for the sale or lease of 14 McCulloch Street, Donald

Author’s Title:           Manager Assets & Infrastructure

Department:              Assets and Infrastructure                               File No: CP/22/04

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

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 Council owned assets to ensure  essential services are provided and the community has access to quality  public facilities

Priority:                                Create and maintain the amenity and safety of the Shire’s townscapes, streetscapes and rural environments   

 

 

RECOMMENDATION

 

That the Council:

 

1.       Note the outcome of the Expression of Interest process for the sale or lease of 14 McCulloch Street Donald, in particular, that no submissions were received. 

2.       The CEO and Manager of Infrastructure and Assets be authorised to undertake discussions and negotiations with people who have inspected the property, for the sale of the property.

3.       If negotiations pursuant to Clause 2 above are unsuccessful, the property be listed for sale on the open market. 

4.       Subject to the outcomes of Clauses 2 or 3, the CEO undertake the processes required by Section 189 of the Local Government Act 1989, to sell the property.

 

 

1.       Executive Summary

The purpose of this report is to update Council on the outcomes following the advertisement of Expressions of Interest for the sale or lease of 14 McCulloch Street, Donald.

2.       Discussion

Council considered a detailed report at its meeting on 12 June 2013 proposing that Expressions of Interest (EOI) be sought for the sale or lease of 14 McCulloch Street, Donald.

 

It was considered that the EOI process could provide an outcome whereby people or organisations responding to the EOI could be assessed as to their capability and capacity to undertake the successful operation of either a viable business or a community based activity, which in turn, could provide an overall benefit to the Donald community and the Buloke Shire. 

 

Council was advised that it has no current requirement for the property, the building is not used productively to assist the local economy or the community and, on the basis of independent reports about the structural integrity of the building (obtained in 2007, 2008 and 2013), there are potentially high costs associated with necessary rectification works to maintain the building and the condition of the land which is contributing to the condition of the building. 

 

In addition to the structural report, a valuation of the property was also obtained.   The valuation suggested that the probability of attracting a business was considered to be low.

 

Council was also advised that a Heritage Overlay, previously adopted by Council and forwarded for approval by the Minister for Planning, would apply to the façade of the building.

 

The EOI period closed on 21 November 2013.  While six people/organisations downloaded or obtained the EOI documents from Council’s website and two people inspected the property in the final week of the EOI period, no formal expressions of interest were received.

 

There has been subsequent contact with Council’s Economic Development Officer from one of the people who inspected the property asking whether the EOI process had concluded.

 

Options

There are options for the future treatment of this land ranging from the status quo (do nothing) to listing the property on the market for sale.  The options need to be considered keeping in mind the overall objective behind the EOI process, whether that objective is still relevant or whether it is now a matter of rationalising the number of properties in Council’s ownership which remain a cost to the Council, whether vacant or not.

 

Option 1 – do nothing.  This option is not supported because it means that the property remains vacant, no rectification works are undertaken and the building potentially falls into further disrepair, becoming even less viable for sale or lease.  Council continues to be responsible for grounds maintenance and other costs of ownership such as insurance and the fire services levy. While the costs of the recommended rectification works are not known, the type of work proposed, including those that limit further movement, means that having regard to the value of the building, the costs could be substantial.

 

Option 2 – demolish the building and sell the land.  This option would eliminate the problems and potential issues associated with the structure of the building.  There would be costs associated with demolition, and the probability of asbestos removal and disposal likely to be found in the addition made to the building during the 1950’s. If approved, the Heritage Overlay would make it difficult to demolish the building unless there is sufficient justification for doing so, such as the risk from a building in disrepair and the costs of rectification works. This option is not considered to be appropriate.

 

Option 3 – direct approach and negotiation.  It is clear from discussions with the Economic Development Officer that at least one of the two people who inspected the building remains interested.  An approach could be made to both to see what offers they are prepared to make.  This option could mean that the objective of using the building for a business venture or for community based activities many not be able to be achieved.  Nevertheless, a firm offer to purchase the property (with financial consideration) would be a good outcome.  This is the recommended option for Council to consider.

 

Option 4 – put the property on the open market.  This option could be pursued if negotiations under option  3 were unsuccessful.  The market could be tested, either at auction or by private sale, but there would be additional costs, such as agent’s commission and advertising if this option is pursued.

3.       Financial Implications

Council as owner of the land remains responsible for all costs associated with the land, including the fire services levy. If the property is leased then based on recommendations in the reports about the building, Council would need to allocate financial and people resources to monitoring the condition of the property to ensure that the building does not deteriorate further and remains fit for its intended use.

4.       Community Consultation

The EOI process was intended to provide the community, and specifically businesses and community groups, with an opportunity to express their interest in either selling or leasing the land. 

5.       Internal Consultation

A range of staff have been consulted throughout the EOI process.

6.       Legislative / Policy Implications

Where land is to be sold or leased compliance requirements prescribed in the Local Government Act 1989 will apply, including requirements to advertise the land for sale and for people to make a submission about the proposed sale under Section 223 of the Local Government Act.

7.       Environmental Sustainability

This matter was addressed in the June report to Council.

8.       Conflict of Interest Considerations

There are no known conflicts of interests

9.       Conclusion

Having gone through the EOI process, the “do nothing” approach with 14 McCulloch Street Donald is not considered to be a reasonable approach for the future management of the asset.  Council remains responsible for the costs of ownership and may have no option but to spend money to repair the building and ensure that it is “fit for purpose”.

 

While the original objective of the EOI process may not be able to be achieved, the sale of the property will achieve other outcomes for the Council.  As such, the direct sale of the property for reasonable consideration (to be negotiated by the CEO and Manager of Assets and Infrastructure with potential purchasers), is the option recommended to Council.  Failing successful negotiations, the property should be listed for sale on the open market, subject to compliance with Local Government Act requirements.

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

7.2.5    Vic Roads Agency Services

Author’s Title:           Manager Works & Corporate Services

Department:              Works and Corporate Services                     File No: CA/04/01

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

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

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

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

 

 

RECOMMENDATION

 

That:

1.       Council advises VicRoads that it is prepared to extend service provision for VicRoads Agency Services until 31 March 2014 from its five District Offices.

2.       Council continues to work with VicRoads over this period to ensure a smooth transition of services.

3.       Council works with VicRoads to prepare relevant communications for the three local newspapers.

4.       Council’s Customer Service Officer provides additional workflow documentation to VicRoads which may assist staff at the new sites.

 

 

1.       Executive Summary

The purpose of this report is to provide Council with an update on progress in relation to the service level agreement between VicRoads and Buloke Shire Council and the transfer of services to alternative auspice organisations.

 

Council resolved at its meeting on 10 July 2013 to work with VicRoads to find alternative auspice organisations to provide VicRoads services in the five main towns across the Shire (Donald, Charlton, Birchip, Sea Lake and Wycheproof).  In the event that no alternative organisations could be found in any of the main towns by 31 December 2013, Council would continue to provide VicRoads Agency Services only from its Wycheproof District Office.

2.       Discussion

A substantive review of the VicRoads Agency Arrangements was undertaken in December 2007 resulting in Council agreeing to enter into a new Agency Services Agreement that concluded in March 2011.  Further service reviews were conducted in 2011 and 2013.

 

Council’s current contractual arrangements to provide VicRoads registration and licensing services expired in March 2011.  Council received a report in July 2011 outlining the changes to the Agreement.

 

Since the July 2011 report there has been ongoing discussion and correspondence between Vic Roads and Council culminating in the decision by Council in July 2013 to work with VicRoads to find alternative auspice organisations.

 

In late July 2013, Council advertised for Expressions of Interest for organisations/businesses to conduct Agency Services.   Seven expressions of interest were received and provided to VicRoads. 

 

On 20 November 2013, VicRoads advised that it has visited each of the five principle towns and made contact with the interested organisations/businesses.  Not all sites were deemed suitable and VicRoads has endeavoured to locate alternative sites in each of the towns.  Three suitable locations have been found in Charlton, Donald and Wycheproof.  Site visits will be undertaken at the three proposed new sites by AB Note, the company contracted to install facial recognition cameras on behalf of VicRoads.

 

Upon successful assessment from AB Note, VicRoads will commence formal discussions with proprietors of the new sites. VicRoads will contact all organisations/businesses that expressed an interest and advise them of the outcome of the site assessments and VicRoads final decision. 

 

VicRoads also advised that the townships of Sea Lake and Birchip will not be serviced under the new arrangements as there were no sites deemed suitable that meet VicRoads minimum standards to provide registration and licensing transactions. Minimum standards include disability access, suitable lighting; including an area to install the facial recognition camera and staff available to monitor anyone undertaking the new knowledge test.

 

The new VicRoads Agency Services agreements that commence in April 2014 will include several changes to the current agreements.  Agencies across Victoria will no longer undertake heavy vehicle licensing. All heavy vehicle licensing will only be conducted at a VicRoads Centre. Registration renewals that require an inspection of the vehicle will no longer be undertaken at agencies and only available at a main VicRoads Centre.  The new knowledge test will be available at Agencies; however, it will require the services of a dedicated staff person to supervise the test at all times.

 

VicRoads will prepare relevant communications for the three local newspapers and will work with Council staff on joint communications as well as take up Council’s offer to provide additional workflow documentation which may assist staff at the new sites.  Council’s Customer Service Coordinator has also been made available for “hand over” training.

 

VicRoads has asked if Council is prepared to continue to provide Agency Services until 31 March 2014 to enable a smooth transition of business.

3.       Financial Implications

VicRoads Agency arrangements equate to 40% to 50% of a Customer Service Officer’s time (depending on the District office).  Customer service officers are currently accounted for in the 2013-2014 operational budgets.  An extension of the service until 31 March 2014 would not have an immediate financial implication.  Proposals to utilise customer service officers time to undertake other work activities will be postponed until the service is fully transitioned.

4.       Community Consultation

Expressions of interest for organisations/business to take up VicRoads Agency Services were published in late July 2013 in Council’s Community Matters page in the three local newspapers.

5.       Internal Consultation

Extensive consultation has taken place between the Manager Works & Corporate Services, Customer Service Coordinator and other staff during the preparation of this report.

 

External legal advice has also been sought with regards to aspects of the proposed VicRoads Agency Agreement.

6.       Legislative / Policy Implications

Nil

7.       Environmental Sustainability

Nil

8.       Conflict of Interest Considerations

Nil

9.       Conclusion

It is recommended that Council continues to work with VicRoads over the next 4 months to ensure a smooth transition of services.

 

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

7.2.6    Temporary Road Closures - 2013 Town Christmas Parties

Author’s Title:           Manager Works & Corporate Services

Department:              Works and Corporate Services                     File No: RO/21/01

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

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

Strategy:                              Working with communities and other stakeholders in planning for and making decisions about the future

Priority:                                Celebrate the vitality and resilience of towns and localities across the Shire through facilitation and support for events and community festivals   

 

 

RECOMMENDATION

 

That:

1.       Council sponsors the 2013 Christmas Party temporary road closures.

 

2.       Costs associated with the events are allocated to the Community Grants budget.

 

3.       Event organisers are advised that they will need to submit a Temporary Road Closure Application form available from Council’s district offices and website.

 

4.       Staff will prepare the necessary Traffic Management Plans and liaise with VicRoads.

  

 

1.       Executive Summary

The purpose of this report is to confirm arrangements for temporary road closures required for the 2013 Community Christmas parties.

2.       Discussion

Buloke Shire Council provides “in-kind” support for temporary road closures; including liaison with other agencies such as VicRoads and the supply, erection and removal of temporary barriers and signage. 

 

Council recently introduced a Community Grants and Sponsorship program in response to the Local Government Investigations and Compliance Inspectorate’s Review of Councillor Discretionary Funds.  The report of the investigation, including guidelines, was published in October 2013.

 

One of the objectives of Council’s Grant and Sponsorship Program is to formalise “in-kind” arrangements to ensure they meet the requirements of the Discretionary Funding Guidelines.

 

The timing of the introduction of Council’s Community Grants and Sponsorship program, and the upcoming Christmas parties in several Buloke Shire towns that require temporary road closure; have caused some concern for community groups due to the amount of documentation they are required to submit. To apply for a Council Community Grant an application form is required.  Some street parties and special events that require full or partial road closure also need to complete a Temporary Road Closure Application Form. 

 

In line with Council’s Road Management Plan a Traffic Management Plan as well as evidence of Public Liability Insurance is also required. If the road is a State Highway then approval from VicRoads is necessary.  These requirements are designed to ensure the safety of the public and to maintain necessary emergency vehicle access at all times. 

 

Council’s Community Grant’s and Sponsorship program is currently under review with the main objective being to simplify the process for groups applying for small grants such as street closures and hall hire.

3.       Financial Implications

Council’s Community Grants budget will be used to fund the afterhours services required for the 2013 Christmas Party street closures.

4.       Community Consultation

Feedback has been received from some community groups that the documentation required for the grant funding application is too complex.

5.       Internal Consultation

There has been ongoing collaboration between managers and staff.  This will continue through the process of simplifying the grant funding application process.

6.       Legislative / Policy Implications

·    Council’s Road Management Plan

·    Council’s Community Grants and Sponsorship Guidelines

·    Local Government Investigations and Compliance Inspectorate – Review of Councillor Discretionary Funds Report and Guidelines – October 2013

7.       Environmental Sustainability

Nil

8.       Conflict of Interest Considerations

Nil

9.       Conclusion

To facilitate the 2013 Christmas party temporary road closures it is recommended that Council sponsor this year’s events.  All costs to be allocated to Council’s Community Grants budget.

 

Organisers of events will be required to submit a Temporary Road Closure Application Form which can be obtained from one of Council’s District offices or Council’s website www.buloke.vic.gov.au

 

Council staff will prepare the necessary traffic management plans and submit them to VicRoads for approval.

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

7.2.7    Culgoa-Watchupga Rd over Tyrrell Ck Bridge

Author’s Title:           Acting Chief Executive Officer

Department:              Office of the CEO                                            File No: RO/09/10

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

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 Council owned assets to ensure  essential services are provided and the community has access to quality  public facilities

Priority:                                Consider and respond to the recommendations of town Flood and Drainage Plans developed following the 2010 and 2011 flood events   

 

 

RECOMMENDATION

 

That:

1.       That Council approve the replacement of the Culgoa-Watchupga bridge  over Tyrrell Ck at an estimated cost of $800,000.

 

2.       Funding for the replacement be equally shared between Flood Recovery Funding and Council’s 2014/15 allocation from the Country Roads and Bridges Program.

 

 

1.       Executive Summary

This report is for Council to consider options for the replacement of the Culgoa-Watchupga Road Bridge over Tyrrell Creek.

2.       Discussion

The Culgoa-Watchupga Rd Bridge over Tyrrell Ck was damaged during the flood events.  Following an inspection the bridge was assessed as being at risk of rapid deterioration and was closed to traffic.   Detours have been in place to provide for the local traffic, however there is considerable concern in the community as a result of the loss of this local access in Culgoa.

 

The Bridge was constructed in 1917 and with the construction of the Calder Hwy realignment in 1962, the responsibility for the bridge was transferred to the Shire of Wycheproof and is now the responsibility of the Buloke Shire.

 

Vicroads conducted an inspection of the bridge in September 2013 and concluded the following:

 

“The bridge over Tyrrell Creek on the Culgoa-Watchupga Rd is in extremely poor condition and after 96 years is nearing the end of its original design life. ....  Following the site inspection, two main observations were noted.  Firstly, the structure has been subject to severe scouring and secondly, the structure has not been the recipient of adequate maintenance for a relatively long period of time... It is considered that the recent flooding is only a contributing factor to the bridges poor condition...”

 

Given the condition of the bridge, 3 options have been proposed.

 

1.   Structural work and major maintenance.   Estimated $350,000.  Given the design life these works may only extend the service life of the bridge by 5 – 10 years. 

 

2.   Demolish the existing bridge and construct a new structure.   Estimated $800,000.  The new bridge would be designed to accommodate high water flows and would have a design life of 100 years.

 

3.   Demolish the bridge and make the current detour arrangements permanent.

 

3.       Financial Implications

 

Vicroads have advised that given the pre-existing condition of the bridge, Flood Recovery Funding would not be available for the full replacement cost.  Vicroads have proposed that should the Shire consider full replacement, the cost of the bridge would be funded 50% from Flood Recovery Funding.  This funding is only available to June 2014. 

 

Given the time it would take for design and tender, Buloke’s 50% funding could be sourced from the 2014/15 Country Roads and Bridges Funding Allocation Program.  Council are allocated $1,000,000 for this program each financial year.  The 2014/15 Country Roads and Bridges Funding Program has not yet been committed by Council and would need to be considered as a part of its 2014/15 Budget development.

4.       Community Consultation

The community has consistently requested that the bridge be reopened to traffic as it forms an important local connection with Culgoa.

5.       Internal Consultation

Nil.

6.       Legislative / Policy Implications

Works proposed are consistent with Flood Recovery Funding and the Country Roads and Bridges Program.

7.       Environmental Sustainability

Prior to tendering the project a number of tasks may be required to be undertaken, including, seeking agreement from Catchment Management Authority, cultural heritage and flora and fauna investigations.

8.       Conflict of Interest Considerations

Nil.

9.       Conclusion

The Culgoa – Watchupga bridge is an important link for the local community.   It is considered that full replacement is the preferred option to address flood damage and the existing limited service life of the bridge. 

 

Funding is available to replace the bridge from both the Flood Recovery Funding and the Country Roads and Bridges Funding Program allocation for 2014/15.

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

7.2.8    Buloke Shire Council Annual Report 2012-2013

Author’s Title:           Manager Works & Corporate Services

Department:              Works and Corporate Services                     File No: CM/16/06

Attachments:

1       ViewBuloke Shire Annual Report 2012-2013

Relevance to Council Plan 2013 - 2017

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

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

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

 

 

RECOMMENDATION

 

That:

1.       That Council receives and notes the Buloke Shire Annual Report 2012/2013 presented as Attachment one to this Report.

 

2.       Advertise that copies of the Annual Report are available at Council’s District Offices and on Council’s website.

 

 

1.       Executive Summary

The purpose of this report is for Council to receive and consider the Buloke Shire Council Annual Report 2012-2013.

2.       Discussion

Sections 131 and 134 of the Local Government Act 1989 (the Act), require that Councils prepare an Annual Report each financial year.  A further requirement is for Council to meet to consider the Annual Report after the Council has sent the report to the Minister for Local Government.  The Annual Report has been forwarded to the Minister by the required date. 

 

 

The Council Plan articulates Council’s vision for Buloke and reports on activities and actions undertaken throughout the year.

 

Some of the achievements during 2012/13 include:

 

·    Facilitated 12 “Managing Now Planning Ahead” (MNPA) ‘Fire Shed’ meetings.

·    Launch of Council’s new website - www.buloke.vic.gov.au with 77,211 views in the last quarter of 2012/13.

·    Installation of a wireless network linking Wycheproof, Birchip, Charlton and Donald offices;

·    4.6% decrease in phone costs in comparison to the previous year;

·    21% reduction in photocopying costs;

·    16.9% of total annual spend undertaken with local suppliers.

·    Upgraded Customer Request system - 2,130 customer requests received for the year.

·    41,237 telephone calls taken by Contact Centre staff.

·    3,195 VicRoads transactions completed across the five district offices.

·    10,628 over the counter payments.

·    1,007 bookings for Council Halls, Senior Citizens Centres and meeting rooms.

·    442 fire prevention reminder letters sent to absentee landowners.

·    294 Fire Hazard Notices issued, a decrease of 101 on the previous year.

·    167 building permits issued, a 25% increase on the previous year.

·    12 new dwellings approved.

·    67 planning permits issued up from 53 in the previous year.

·    20,015 hours of home care, personal care, respite care, and home maintenance delivered.

·    11,940 Meals on Wheels delivered.

·    189 trips for people requiring specialist medical appointments.

·    Aged and Disability Services Team review by the Australian Health Care Associates. Buloke Shire compliant in 16 out of 18 outcomes for Home and Community Care and 18 out of 18 for Packaged Care.

·    Development of an Aged and Disability Services Policy Manual and Procedure Manual.

·    Continued support of the Young Professional’s Provincial Cadetship program.

·    Participation in the 2013 Regional Victoria Living Expo resulting in over 290 people speaking with staff, councillors and ambassadors about the possibility of making a “tree change”.

·    Over 300 maintenance jobs completed on Council owned buildings.

·    Council owned buildings painted including; Culgoa Bowls Club, Centenary Park Wycheproof toilet block, Charlton Senior Citizens, Golden Grains Museum, Wycheproof Bowls Club, Sea Lake and District Community Centre, Wycheproof Public Hall, Donald Public Hall, Wycheproof Court House and the Wycheproof Saleyards office.

·    $412,547 or 3% of annual budget spent on environmentally preferred products.

·    Solar panels installed at Wycheproof Office and Hall resulting in a 34% decrease in energy from the grid.

·    Funding secured for the Hydraulic upgrade of Charlton swimming pool including installation of vinyl liner.

·    Upgrade of plant at Charlton and Birchip swimming pools.

·    Upgrade of disinfection systems at the Charlton, Donald and Birchip swimming pools.

·    207m2 of new footpath constructed in Wycheproof. 55m2 of footpath renewed in Willow Court, Donald and 109m2 in Cumming Avenue, Birchip.

·    Fifty-two kilometers of footpath inspections resulting in 3 kilometres of footpath repaired to remove trip hazards.

·    26 meters of storm water pipe installed in Menzies Street, Wycheproof.

·    Collection of 36,890 chemical containers.

·    Grading of 833 kilometres of earth roads, 247 kilometres of fire breaks, 570 kilometers of gravel roads and 430 kilometres of sealed road shoulders.

·    2,162 loads of gravel and stone carted.

·    Grading under flood restoration contract - 321 kilometres of earth roads and 140 kilometers of gravel roads

3.       Financial Implications

The Financial Statement, Standard Statement and the Performance Statement have been prepared in accordance with Section 313 and 132 of the Local Government Act and the relevant Regulations and Accounting Standards. These were adopted in principle at a Special Meeting of Council held on Friday, 27 September 2013.

 

The Auditor General provides an independent opinion on Council’s Standard, Financial and performance Statements.  The opinion is contained in the Annual Report.

 

The Auditor General has issued an unqualified audit report on Council’s Standard Financial and Performance Statements. 

 

4.       Community Consultation

The date and time of the meeting at which Council will consider the Annual Report has been advertised.  An advertisement has also been placed in all three local papers; the Buloke Times on 12 November 2013, the North Central News on 13 November 2013 and the Wycheproof Sea Lake Ensign on 14 November 2013 informing the community that the Annual Report is available for inspection at Council’s District offices and on Council’s website.

5.       Internal Consultation

Management collaboration.

6.       Legislative / Policy Implications

Local Government Act 1989.  The Report has been prepared in accordance with Section 134 of the Act.

7.       Environmental Sustainability

Nil

8.       Conflict of Interest Considerations

Nil

9.       Conclusion

That Council receives and notes the 2012/2013 Annual Report.


Buloke Shire Council Ordinary Meeting Agenda                                                 Wednesday, 11 December 2013

7.2.8                 Buloke Shire Council Annual Report 2012-2013

Attachment 1    Buloke Shire Annual Report 2012-2013

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Buloke Shire Council Ordinary Meeting Agenda                          Wednesday, 11 December 2013

7.2.9    Appointment of Authorised Officer

Author’s Title:           Manager Assets & Infrastructure

Department:              Assets and Infrastructure                               File No: PE/02/01

Attachments:

1       ViewInstrument of Appointment and Authorisation  

Relevance to Council Plan 2013 - 2017

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

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

Priority:                                Ensure Council services comply with relevant legislation and regulation by providing ongoing staff training   

 

 

RECOMMENDATION

 

That:

1. In the exercise of the powers conferred by Section 224 of the Local Government Act 1989 and the other legislation referred to in the attached instrument of appointment and authorisation Buloke Shire Council resolves that:

 

·    Ms Melissa Wilson be appointed and authorised as set out in the attached instrument.

 

·    The instruments comes into force immediately the Common Seal of Council is affixed to the instruments, and remains in force for a period of 12 months or such lesser time as Council may determine or until Council determines to vary it.

 

·    The instruments are sealed.

 

 

1.       Executive Summary

The purpose of this report is to appoint Council’s new Environmental Health Officer, Ms Melissa Wilson, as an Authorised Officer.

 

2.       Discussion

Ms Melissa Wilson has recently been employed as Council’s full time Environmental Health Officer.

 

To enable Ms Wilson to carry out her duties it is necessary for Council to appoint her as an Authorised Officer under Section 224 of the Local Government Act 1989 and the Public Health and Wellbeing Act 2008, and to be an Authorised Officer for the administration and enforcement of:

 

·    the Emergency Management Act 1986

·    the Environment Protection Act 1970                                                                         

·    the Food Act 1984                                                                                                       

·    the Housing Act 1983                                                                                                 

·    the Liquor Control Reform Act 1998                                                                           

·    the Local Government Act 1989                                                                                 

·    the Public Health and Wellbeing Act 2008                                                                  

·    Part 14 of the Residential Tenancies Act 1997                                                          

·    the Road Management Act 2004                                                                                

·    the Summary Offences Act 1966 

·    the Summary Offences Act 1966

·    the Tobacco Act 1987

 

The powers delegated to the officer proposed be appointed as an authorised officer in these instruments varies.

 

In some cases the authorisation is for the purposes of taking specific actions under the Act, some for the purposes of inspecting premises for compliance, some for the service of Notices and some for the purpose of issuing penalty/infringement notices. The authorisations also include the power to initiate prosecutions but such action would only be undertaken with the specific authority of the Chief Executive Officer or on the instructions of Council.

 

The required authorities have been set out in the attached instruments of delegation.

3.       Financial Implications

Nil

4.       Community Consultation

Nil

5.       Internal Consultation

Nil

6.       Legislative / Policy Implications

Ms Wilson will be an Authorised Officer for the administration and enforcement of various Acts and Regulations specified in the body of the report.

7.       Environmental Sustainability

Nil

8.       Conflict of Interest Considerations

Nil

9.       Conclusion

It is recommended that Council resolves to appoint Ms Melissa Wilson as an Authorised Officer under the Local Government Act 1989, Public Health and Wellbeing Act 2009 and various other State Acts to be able to carry out the role of the Environmental Health Officer.

 


Buloke Shire Council Ordinary Meeting Agenda                                  Wednesday, 11 December 2013

7.2.9                 Appointment of Authorised Officer

Attachment 1    Instrument of Appointment and Authorisation

 

Maddocks Delegations and Authorisations

 

S11. Instrument of Appointment and Authorisation

 

 

 

 

 

 

 

 

 

 

Buloke Shire Council

 

 

 

 

Instrument of Appointment and Authorisation

 

 

 

 

 


Buloke Shire Council Ordinary Meeting                                               Wednesday, 11 December 2013

7.2.9                 Appointment of Authorised Officer

Attachment 1    Instrument of Appointment and Authorisation

 

Instrument of Appointment and Authorisation

 

In this instrument "officer" means -

 

Melissa Wilson

 

By this instrument of appointment and authorisation Buloke Shire Council -

 


 

PART A

1.            under section 224 of the Local Government Act 1989 - appoints the officer to be an authorised officer for the administration and enforcement of -

 

the Emergency Management Act 1986                                                                                               

the Environment Protection Act 1970                                                                                                 

the Food Act 1984                                                                                                                            

the Housing Act 1983                                                                                                                       

the Liquor Control Reform Act 1998                                                                                                   

the Local Government Act 1989                                                                                                        

the Public Health and Wellbeing Act 2008                                                                                          

Part 14 of the Residential Tenancies Act 1997                                                                                   

the Road Management Act 2004                                                                                                        

the Summary Offences Act 1966                                                                                                       

the Tobacco Act 1987[1]                                                                                                                     

 

the regulations made under each of those Acts

 

the local laws made under the Local Government Act 1989

and any other Act, regulation or local law which relates to the functions and powers of the Council;


PART B

2.            under section 21 of the Emergency Management Act 1986 – appoints the officer to be Municipal Emergency Resource Officer.                                                                                                              


3.            under section 4(1) of the Environment Protection Act 1970 - appoints the officer to be litter enforcement officers for the purposes of the Environment Protection Act 1970.                                                         

4.            under section 48A of the Environment Protection Act 1970 – appoints the office to be an authorised officer for the purposes of section 48A.                                                                                                  

 


for the purposes of 20 of the Food Act 1984 = appoints the officer to be an authorised officer for the purposes of the Food Act 1984 

 


5.            under section 71(1) of the Housing Act 1983 – appoints the officer to be an authorised person for the purposes of entering a house or building and conducting an inspection under section 71.

6.            under section 29 of the Public Health and Wellbeing Act 2008, - appoints the office to be an Environmental Health Officer[2] for the purposes of enforcing the Public Health and Wellbeing Act 2008 and the Food Act 1984.   

7.            under section 147(1)(b)(i) of the Public Health and Wellbeing Act 2008, - authorises the officer##s to issue immunisation status certificates under section 148 of the Public Health and Wellbeing Act 2008.


8.            under section 525(2) of the Residential Tenancies Act 1997 - appoints the officer to exercise the powers set out in section 526 of that Act.                                                                                                     


 

PART C

9.            under -

     section 232 of the Local Government Act 1989[3]

          section 527 of the Residential Tenancies Act 1997

sections 48A(9)(c) and 59(3)of the Environment Protection Act 1970

          section 219 of the Public Health and Wellbeing Act 2008

 

 

authorises the office generally to institute proceedings and represent Council in proceedings for offences against the Acts, regulations and local laws described in this instrument.

It is declared that this Instrument -

(a) comes into force immediately upon its execution;

(b) remains in force until varied or revoked.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This Instrument is authorised by a resolution of the Buloke Shire Council

on    Date                                                

THE COMMON SEAL of the BULOKE SHIRE COUNCIL was hereunto affixed in the presence of

 

.............................................................................Councillor

 

 

............................................................................Acting Chief Executive Officer

 

 

 

 

 


Buloke Shire Council Ordinary Meeting Agenda                           Wednesday, 11 December 2013

 

7.3       Financial Reports

                         Nil

 

 


 

 

8.          REPORTS FROM COUNCILLORS

8.1       Delegate Reports

                         Nil

 

8.2       Activity Reports

                         Nil

 

8.3       Report from the Mayor

                         Nil


 

 

 

9.          OTHER BUSINESS

9.1       Petitions

                         Nil

 

9.2       Notices of Motion

                         Nil

 

9.3       Questions from Councillors

                         Nil

 

9.4       Questions from the Public

                         Nil

 

9.5       Any Other Procedural Matter

                         Nil

 

9.6       Urgent Business

                         Nil

 

10.       MATTERS THAT MAY EXCLUDE THE PUBLIC

                         Nil

 

11.       ANY OTHER BUSINESS

Nil

 

12.       MEETING CLOSE  

 

 

  



[1] This Act provides for the CEO of a council to nominate a person to be an inspector for the purposes of the Act and the Secretary may then appoint them to be an inspector (see section 36).  An environmental health officer appointed under the Public Health and Wellbeing Act 2008 is also regarded as an inspector under this Act.

[2] Council must be sure that the EHO is suitably trained or qualified under section 31(2) of the Public Health and Wellbeing Act 2008.

[3] A person authorised under section 232 of the Local Government Act 1989 is also authorised to bring proceedings under the Fire Services Property Levy Act 2012  (see section 22 Fire Services Property Levy Act 2012).