Ordinary Council Meeting
Minutes
Wednesday 13 November 2013
Commencing at 7.00pm
Wycheproof Supper Room
367 Broadway, Wycheproof
Anthony Judd
Acting Chief Executive Officer
Buloke Shire Council
Minutes of the Ordinary Meeting held on Wednesday, 13 November 2013 commencing at 7.01pm in the Wycheproof Supper Room, 367 Broadway, Wycheproof
PRESENT
COUNCILLORS:
Cr Ellen White Mallee Ward
Cr Reid Mather Mallee Ward
Cr David Pollard Lower Avoca Ward
Cr Stuart McLean Lower Avoca Ward
Cr Graeme Milne Mount Jeffcott Ward
Cr Leo Tellefson Mount Jeffcott Ward
Cr Gail Sharp Mount Jeffcott Ward
OFFICERS:
Mr Anthony Judd Acting Chief Executive Officer
Ms Gaynor Doreian Manager Works & Corporate Services
Ms Louisa Ferrier Acting Manager Assets and Infrastructure
Mr Bill Keane Manager Community Services
Mr Warren Hemopo Manager Reconstruction
Ms Judi Bird Senior Procurement Officer
AGENDA
1. ELECTION OF A TEMPORARY CHAIRPERSON
That Councillor Mather be elected as Temporary Chairperson of the Meeting until the election of the Mayor is conducted.
Seconded: Cr Gail Sharp Carried. |
2. COUNCIL prayer AND WELCOME
Cr Mather read the Council Prayer and welcomed members of the gallery.
We acknowledge the traditional owners of the land on which we are meeting. We pay our respects to their Elders and to the Elders from other communities who maybe here today.
Nil.
Council elect a Mayor for a 12 month period commencing 13
November 2013. Seconded: Cr Leo Tellefson Carried. |
Council determine to elect a Deputy Mayor for 2013/2014.
Seconded: Cr David Pollard Carried. |
Cr Tellefson nominated Cr Mather for the position of Mayor.
There being no further nominations Cr Mayor was elected as Mayor.
Councillor Mather be elected as Mayor of the Shire of Buloke for the period November 2013 to November 2014.
Seconded: Cr David Pollard Carried. |
Mayor assumed the Chair at 7.06pm.
Councillor Tellefson be elected as Deputy Mayor of the Shire of Buloke for the period November 2013 to November 2014.
Seconded: Cr Graeme Milne Carried. |
All Councillors made a Statement to the meeting and congratulated Cr Mather for his appointment as Mayor.
Cr Mather made a Statement to the meeting in response.
A small gift was presented to the Cr Mather in appreciation of his duty as Mayor for the past twelve months.
Cr Mather be thanked for his service as Mayor of the Shire of Buloke for the period November 2012 to November 2013.
Seconded: Cr Gail Sharp Carried. |
18. MATTERS THAT MAY EXCLUDE THE PUBLIC
CLOSURE OF THE MEETING TO THE PUBLIC TO ADDRESS PERSONNEL MATTER
That the meeting be closed to members of the public under Section 89 (2) of the Local Government Act 1989 at 7.20pm, specifically the following sub–sections:
- 89 (2) (a) Personnel matters;
For the appointment of the Acting Chief Executive Officer.
Seconded: Cr Graeme Milne Carried. |
RE-OPENING OF THE MEETING TO THE PUBLIC
That Council, having considered the Confidential item, re-opens the Meeting to members of the public at 7.30pm and advises the public on matters resolved.
Seconded: Cr David Pollard Carried. |
INFORMATION PROVIDED TO THE PUBLIC ON THE PERSONNEL MATTER
In accordance with Council’s resolution, the following information is provided to the public on the matter resolved by Council during the confidential section of the meeting:
- That Council appoint Mr Paul Younis to be its Acting Chief Executive Officer commencing on 14 November 2013 and expiring on 12 May 2014.
Seconded: Cr Stuart McLean Carried. |
11. CONFIRMATION OF MINUTES OF PREVIOUS MEETING
That Council adopt the Minutes of the Ordinary Meeting held on Wednesday, 9 October 2013. Seconded: Cr Graeme Milne Carried. |
12. REQUESTS FOR LEAVE OF ABSENCE
Nil.
13. DECLARATION of PECUNIARY AND conflictS of interest
Cr White declared a direct interest in Item 15.2.1 on the basis that she is the owner of the land under consideration.
Cr McLean declared an indirect interest in Item 15.2.2 on the basis of his membership to the Board of the North Central Catchment Management Authority.
Cr Mather declared an indirect interest in Item 15.2.5 on the basis of his position of Acting Executive Officer of the Alliance of Councils for Rail Freight Development.
Cr Pollard declared an indirect interest in Item 15.2.6 on the basis of his membership to the Charlton Park Committee and also being a Foundation Member of the Charlton Community Bank.
14.1 Council Approval for use of Council Seal
14.2 Report of Assembly of Councillors Meetings
14.3 Building Permits - Monthly Update
14.4 Planning Applications Received - Monthly Update
14.5 Planning Applications Approved By Acting Chief Executive Officer
14.6 Road Opening Permits - Monthly Report
14.7 Letters of Congratulations and Recognition of Achievement/Awards
14.8 Local Law Permits - Monthly Report
14.9 Community Grants & Sponsorship Applications Approved By Chief Executive Officer
15.1.1 Procurement Policy - Annual Review November 2013
15.1.2 Tendering & Contracts Manual - Review 13 November 2013
15.2.1 Extractive Industry Work Authority 728 ("Todd's Pit")
15.2.2 Planning Permit Application 471/12A
15.2.3 Gilmours Road Land Transfer Agreement
15.2.4 Council Meeting Schedule 2014
15.2.5 Appointment of Council Delegates
15.2.7 Municipal Public Health and Wellbeing Plan 2013-2017
15.3.1 Finance Report as at 31 October 2013
16..... REPORTS FROM COUNCILLORS
17.1.1 Petition - Kerbside Waste Service in Nandaly and Outlying Areas
17.2.1 Policing In The Buloke Shire (Cr Gail Sharp) (GR/17/10)
17.3 Questions from Councillors
17.4 Questions from the Public
17.5 Any Other Procedural Matter
18..... MATTERS THAT MAY EXCLUDE THE PUBLIC
NEXT MEETING
The next Ordinary Meeting of Council will be held in Wycheproof Supper Room, 367 Broadway, Wycheproof on Wednesday, 11 December 2013 at 7.00pm.
ANTHONY JUDD
CHIEF EXECUTIVE OFFICER
14. Procedural Items
14.1 Council Approval for use of Council Seal
Author’s Title: Governance Officer
Department: Office of the CEO File No: Nil
Nil |
That Council approval be granted to the Chief Executive Officer to execute the items as listed below.
Seconded: Cr Leo Tellefson Carried. |
1. Executive Summary
Council approval is required for the use of the Council Seal on the items
as listed below.
2. Properties Being Sold By Buloke Shire Council
PROPERTY |
DATE |
PURCHASER DETAILS |
Nil. |
|
|
3. Properties Being Purchased By Buloke Shire Council
PROPERTY |
DATE |
VENDOR DETAILS |
Nil. |
|
|
4. Sale Of Land Pursuant To Section 181 Of The Local Government Act 1989
Nil.
5. Consultation (Internal/External)
Council as required has given public notice of its intention to conduct the sale, or carry out the transfers of the above properties as listed.
6. Agreements/Leases
PROPERTY/PROJECT |
DATE |
EXTERNAL PERSON OR ORGANISATION AGREEMENT IS WITH |
Land Only Lease Portion of Land from Lot 2 PS 345027
Known as the Car Park Abutting 39A Woods Street in Donald |
|
Weir Family Supermarket (Donald) Pty Ltd |
Volume 11025 and Folio 502
Agreement to exchange the land with Road R1 On Plan of Subdivision 444992B Nil being paid for equality of exchange. |
|
Colin Thomas Gilmour and Delwyn Joy Gilmour
|
14.2 Report of Assembly of Councillors Meetings
Author’s Title: Governance Officer
Department: Office of the CEO File No: GO/05/04
1 ViewRecord of Assembly Meeting - 7 October 2013 2 ViewRecord of Assembly Meeting - 9 October 2013 3 ViewRecord of Assembly Meeting - 30 October 2013 |
That the Council note the reports of Assembly of Councillor Meetings held on 7 October 2013, 9 October and 30 October 2013.
Seconded: Cr Gail Sharp Carried. |
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.
An Assembly of Councillors Meeting is defined in the Act as a meeting of Councillors if the meeting considers matters that are likely to be the subject of a Council decision or the exercise of delegation and the meeting is:
A planned or scheduled meeting that includes at least half of the Councillors and a member of Council Staff; or
An Advisory Committee of the Council where one or more Councillors are present.
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 7 October 2013, 9 October 2013 and 30 October 2013 are attached.
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
6.2 Report of Assembly of Councillors Meetings
Attachment 1 Record of Assembly Meeting - 7 October 2013
BULOKE |
SHIRE COUNCIL |
RECORD OF ASSEMBLY OF COUNCIL MEETING
Meeting held at 5.00 pm Monday 7 October 2013 at the Sea Lake Senior Citizens
Present:
Councillors:
Cr Tellefson, Cr Sharp, Cr Pollard, Cr Mather, Cr Milne and Cr White.
Staff:
Anthony Judd (Acting Chief Executive Officer),Gaynor Doreian (Manager Works and Construction), Bill Keane (Manager Community Services, Bill Ryan (Manager Finance), Warren Hemopo (Manager Reconstruction), Louisa Ferrier (Acting Manager Assets and Infrastructure) and Judi Bird (Senior procurement Officer), Leonie Burrows
Members of the Community:
Apologies:
Cr McLean, Warwick Heine (Chief Executive Officer)
Disclosure of Interests:
Nil
Cr Mather took the Chair
MATTERS DISCUSSED
1. Presentations
5.00 pm The Manager Works and Construction provided a presentation to Council on the community feedback on the Council Plan.
5.30 pm Leonie Burrows provided Council on an update from recent negotiations with the Department of Treasury and Finance and VicRoads regarding the flood reconstruction contact.
Leonie Burrows provided Council with a spreadsheet of non-rateable properties which are attracting the fire services levy.
6.30 pm DINNER
6.50 pm Leonie Burrows and Cr Mather provided Council with an update on the S135 Review and financial sustainability matters.
2. Councillor Reports
Nil
3. CEO and Senior Management Team Reports
a. Legal
There were no new legal matters to report.
i) George Gould Units
ii) Hamilton Street, Sea Lake
iii) Alexander Street, Berriwillock
iv) Building Control Matters:
· Charlton – Addition to Shop
· Charlton – Shed and associated buildings
· Nandaly – Storage shed
· Birchip – Non-compliant house
· Birchip – Storage shed
· Charlton – Re-erect a dwelling
· Jill Jill – Re-erection of a dwelling
· Wycheproof – Addition to dwelling
· Birchip – Addition to shop
· Birchip – Addition to dwelling
· Charlton – Addition to office
· Sea Lake – Warehouse
· Sea Lake – Dangerous veranda
· Berriwillock – Dangerous veranda
· Nullawil – Illegal building
· Donald – Addition to dwelling
· Berriwillock – Amenities building additional to shed.
· Birchip – Illegal shed in township
· Donald – Dangerous facades
· Charlton – Addition to building
· Birchip dwelling- Illegal works without a building permit
· Birchip shop – dangerous facade
.
v) Local Laws/Planning
· Charlton – Breach of Local Law and Planning
· Charlton - Hedge overhanging footpath.
vi) FoI Requests
No current requests.
vii) Illegal Roadside Ripping – Report – Anthony Judd
§ Dumosa (various roads – 31kms).
viii) Risk
i) Public Risk Incidents
1) Sea Lake (2012) – trip
2) Sea Lake (2012) – fall
3) Donald (2012) – fallen branch
4) Buckrabanyule (2012) – Cattle on road
5) Birchip (2012) – trip
6) Culgoa (2012) – fallen branch
7) Donald (2012) – fall
8) Donald (February) – trip
9) Charlton (March) – dog attack
10) Sea Lake (March) – trip
11) Sea Lake (April) – unregistered dogs
12) Donald (June) – dog rush.
13) Donald (June) – unsightly property
14) Watchem (June) – unsightly property.
15) Cope Cope (June) – unregistered dogs, unsightly property and illegal storage (principally rubbish)l on VicTrack land
16) Donald (June) – dog attack/rush
17) Watchem (July) – unregistered dogs
18) Birchip (July) – trip
19) Berriwillock (August) – dog attack
20) Wycheproof (August) – stone thrown by whipper snipper
21) Wycheproof (August) – trip
22) Birchip (August) – vehicle damage
23) Birchip (August) – vandalism
24) Charlton (August) – roadside theft
25) Birchip (September) – vehicle damage
26) Donald (September) – Attempted break-in
27) Donald (September) – trip
28) Wycheproof (September) - vandalism
.
ii) Risk Register
iv) Register available for review on Dashboard.
iii) Staff Incident Reports
1) Nullawil – Front deck mower
4. WorkSafe
1) Nil
5. Insurance
1) Nil
6. Governance
iii) Council Plan 2013-2017 – Adopted in principle 25 July. On public exhibition..
iv) Code of Conduct for Staff – Draft Staff Code prepared and currently being reviewed.
v) Ordinary Meetings of Council – Progress of Actions from Minutes
Meeting Reference |
Item |
Action |
Progress |
Ordinary Meeting 14 August 2013 |
Protected Disclosure Policy |
Council adopt the Protected Disclosure Policy. 2. The Manager Works & Corporate Services make the Policy, procedures and flow charts available to all employees. 3. The Manager Works & Corporate Services publish the Policy and supporting documentation on Council’s website.
|
1. Employee awareness program being developed. 2. Material for website being prepared |
|
Saleyards Precinct – Local Law 14 2013/14 |
1.Make the Saleyards Precinct Local Law No.14 of 2013.
2. In resolving to make the Saleyards Precinct Local Law No. 14 2013, has noted the advice provided that the matters in Schedule 8 of the Local Government Act 1989 has been reviewed, including that the proposals do not create a restriction on competition, and that the proposals are not incompatible with the rights in the Charter of Human Rights and Responsibilities Act 2006.
3. Give notice in accordance with Section 119(3) of the Local Government Act 1989 that Council has made the Saleyards Precinct Local Law No. 14 in the Government Gazette and in the Buloke Times, North Central News and Sea Lake Times Ensign.
4. Send a copy of the Saleyards Precinct Local Law No. 14 2013 to the Minister in accordance with Section 119(4) of the Local Government Act 1989.
|
1. Section 119(3) notice published 2. Copy of Local Law sent to the Minster for Local Government |
|
Wycheproof Childcare Program - Request for Assistance from YMCA |
1. Council agrees to the funding request from the YMCA of Ballarat for $3,000 to enable it to continue to provide the Wycheproof Childcare program until the end of 2013 and that this agreement is done so on the proviso that the YMCA commits to actively research over the next four months all alternative models of providing a financially sustainable service.
2. Funding for the request be derived from the D300 Pre-School Services Budget.
|
YMCA advised of Council decision |
|
Domestic Animal Plan 2013 -2017
|
1. Give in principle approval for the draft Domestic Animal Management Plan 2013 – 2017 for the purposes of community consultation.
2. The draft Domestic Animal Management Plan 2013 - 2017 is made available for community consultation for 1 month.
3. A further report be submitted to the September Council meeting for final Council approval of the Plan advising of submissions, including any comments received from the Department of Environment and Primary Industries and any changes proposed to be made to the Plan as a result of submissions received.
|
DAMP placed on public exhibition |
|
Intent to Refuse Planning Permit 466/12 for a Four Lot Subdivision at Gunyah Flat Road, Charlton
|
That Council refuse planning permit 466/12 for a Four Lot Subdivision at Gunyah Flat Road, Charlton.
|
Applicant advised. |
|
Amendment to Permit Fees Administered by Council Building Department
|
A change to several fees administered by the building department be approved for better reflection of fair outcomes |
Fees adjusted in Draft Budget 2013/14 |
|
Permission to Seek Adoption from the Minister for Planning Scheme Amendment C23 - Anomolies
|
Council approve the request to seek adoption from the Minister for Planning for Amendment C23 – Anomalies to the Buloke Planning Scheme.
|
Correspondence sent to the Minister |
|
Property Fire Services Levy |
Manager Finance to provide report to Council on matters relating to implementation of the levy |
|
|
Donald Archives Building |
Manager Assets and Infrastructure to keep Council informed on proposed works to rectify structural problems |
|
Ordinary Meeting 10 July 2013
|
Vic Roads Agency Agreement |
1. Council work with VicRoads over the next 6 months to find alternative auspice organisations to provide VicRoads Agency Services in the five main towns across the Shire.
2. In the event that no suitable alternative auspice organisation/s can be found by 31 December 2013 in any of the main towns across the Shire, Council continue to provide VicRoads Agency Services only from the Wycheproof District Office.
|
1. Correspondence sent to VicRoads 2. Initial expressions of interest registered from businesses/community organisations in Charlton, Wycheproof, Birchip and Donald. |
|
Petition - Safety and Increased Traffic Flow in Woods Street Donald
|
1. Coordinate a joint meeting between petitioners, VicRoads and Council representatives. 2. Staff report back to Council following the meeting.
|
Meeting to be convened |
|
Questions from Councillors |
Road Management Plan - Maintenance of Roads for Businesses (Cr Ellen White) (RO/15/01) |
Manager Assets and Infrastructure to report to Council. |
Ordinary Meeting 12 June 2013 |
Call for Expressions of Interest for the Sale or Lease of 14 McCulloch Street, Donald |
That Council, having determined it has no requirement for the property at 14 McCulloch Street, Donald, Volume 10415 Folio 533, Lot 1 PS 410027 (“the property”), give public notice seeking Expressions of Interest for the sale or lease of the property. 2. That Council prepare Expression of Interest documents setting out the assessment criteria against which all applications for the sale or lease of the property will be evaluated. 3. That Council convene a tender evaluation panel to assess all proposals received, upon the closing of the Expression of Interest period. 4. That the public notice be placed in the three local newspapers, namely the Buloke Times, North Central News, Sea Lake and Wycheproof Times Ensign in addition to the Wimmera Mail Times. 5. That the public notice disclose the following: (a) That the sale or lease of the property is subject to Section 189 (restriction on power to sell land) and Section 190 (restriction on power to lease land) and Section 223 (right to make submission) of the Local Government Act 1989 (Vic) (“the Act”); (b) The location of the property, including street address and Certificate of Title details; (c) The details of the property, including a description of the property and current zoning; (d) That a heritage amendment has been approved and adopted by Council and that upon Gazettal by the Department of Planning and Community Development, there will be a Heritage Overlay on the property in respect of the external facade; (e) The commencement and end of the Expression of Interest period; (f) That Expression of Interest documents must be lodged in the manner and form required by Council; (g) That the Expression of Interest documents will be available on Council’s website or by contacting Council’s Procurement Department on (03) 5478 0100; and (h) Contact details for a Council representative, if further information is required.
|
Public Notice being prepared for placement in local newspapers. |
|
Donald WorkSpace, Lot 41, Racecourse Road, Donald - Lease Renewal |
Council agree in principle to enter into a further Lease Agreement with Workspace Australia Limited (“Workspace”) for the premises at Lot 41, Racecourse Road, Donald Industrial Estate, Donald. Certificate of Title Volume 10413 Folio 421, Plan of Subdivision 409528C. 2. The proposed Lease be for a period of ten (10) years, from 29 August 2013 to 28 August 2023. 3. Council, in conjunction with its legal representatives, commence negotiations with Workspace in relation to the terms of the proposed Lease. 4. Units 1 to 5 of Lot 41, Racecourse Road, Donald Industrial Estate be re-valued and re-assessed as one for the purposes of rating. 5. That under the proposed lease arrangements Workspace is to meet all rates, taxes and charges applicable to all of the Premises in addition to continuing to be responsible for all maintenance of the buildings and surrounds. 6. That the current lease arrangement of $1.00 per annum for the property be continued, conditional upon Workspace and Council entering into an agreed collaborative plan to maximise the potential of the premises and Donald Incubator Program within the Shire. 7. That upon Workspace approving a new tenant under its Licensing Scheme it advise Council of same and that notification also be provided upon that tenant vacating the premises. 8. Council give Public Notice of its intention to enter into the Lease with Workspace. 9. That the Public Notice disclose the following: (a) References to the Local Government Act 1989 (Vic) - Section 190 (restriction on power to lease land) and Section 223 (right to make a submission); (b) The location of the property, including Certificate of Title details; (c) The use of the Land (d) The rent to be paid; (e) The independent annual market rental valuation received for the land; (f) The reason the current Lease is below the independent market rental valuation is because: i. Of the potential for business economic development in the Shire; ii. Outgoings and other charges are to be met by the proposed Tenant; and iii. The proposed Tenant is a “not for profit organisation”. (g) The commencement and end of the submission period; (h) How submissions can be made; (i) That persons making a submission are entitled to request that they be heard in support of their submission and are entitled to appear in person; and (j) Contact details for a Council representative if further information is required. 10. The date by which submissions are to be submitted, for the purposes of Section 223 of the Local Government Act 1989 be thirty (30) days from the date of the placement of the necessary advertisements. 11. The advertisements be placed in the local press, namely the North Central News, Sea Lake Wycheproof Times Ensign and the Buloke Times.
Council Notes That: 12. Workspace enters into individual License Agreements with each tenant. 13. The terms of the current Lease were not wholly sufficient for the nature of the business and the terms of the proposed Lease agreement are to be negotiated and clarified with Workspace. 14. The agreed plan of collaboration to be developed with Council, in order to continue the subsidised rental model, address issues of engagement management and with a Council staff member appointed as a direct liaison contact and with defined meeting and reporting requirements.
|
1. Correspondence sent to WorkSpace. 2. Draft lease prepared and sent to WorkSpace for review 3. Public Notice prepared for placement in local newspapers. 4. Meeting held with WorlSpace to address questions from the draft lease. No outstanding matters |
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2013 Community Survey Results
|
That Council: 1. Note the report 2. Update the information package sent to all ratepayers with 2013/14 rate notices to include details of current advocacy and lobbying activities 3. Continue to publish ‘Community Matters’ on a regular basis 4. Include more information in ‘Community Matters on service activities, advocacy and lobbying activities 5. Continue to identify additional opportunities to direct mail information to residents 6. Send a copy of this report to township Forum groups and Progress Associations with a request for comment on the findings and suggestions for improvement 7. Send a copy of this report to all staff for their information and for discussion at team meetings across the workplace. |
1. Information package under development 2. June Mayor’s Column in local newspapers dealt with the Survey Results 3. Direct mail opportunities under investigation 4. Report to be sent to Forum and progress Associations 5. Report to be sent to staff through Staff Newsletter. |
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Transfer of Extractive Industry Work Authority 728 from Buloke Shire Council ("Todd's Pit")
|
1. Council, having determined it has no requirement for the Extractive Industry Work Authority Permit 728 (“the Work Authority”) for the land referred to as “Todd’s Pit”, agree to enter into negotiations to transfer the Work Authority to Active Excavations. 2. If agreement can be reached with Active Excavations Council complete the transfer of extractive industry Work Authority 728 in the manner and form required by the Department of Environment and Primary Industries (“DEPI”). 3. Active Excavations be advised in writing that a condition of the Transfer will be for them to agree to all conditions of the current Work Authority and any additional and ancillary requirements of DEPI which are necessary to facilitate and complete the Transfer. 4. Council liaise with Active Excavations as necessary to facilitate and complete the Transfer, including the obtaining of signatures and consents. 5. Subject to advice from Council’s legal representatives, Council enter into an agreement(s) with the landowners, John and Ellen White, for the purposes of Section 77I(6) of the Mineral Resources (Sustainable Development) Act 1990 (Vic) and other relevant sections. The nature and content of that agreement is to be negotiated. 6. Council discuss with its legal representatives the requirement for any additional commercial agreements to be executed in relation to the Transfer and undertake same as required, including in relation to addressing matters relating to due diligence and disclosure. 7. Council investigate the possibility of entering into a sub-contracting agreement with the proposed incoming Licensee, pending the transfer of the Work Authority and its approval by the Minister.
That Council note the following: 8. Active Excavations have submitted a written proposal, dated 30 May 2013, stating they wish to enter into a sub-contracting agreement with Council for the extraction of Gravel under Work Authority 728 and in relation to which: (a) Recommendation 8 relates only to Council pursuing the possibility of entering into the agreement proposed and is not an undertaking to enter into same. 9. Discussions have commenced with DEPI in relation to the process of undertaking a Rehabilitation Bond review of the site. |
1. Correspondence advising the Council decision sent to Active Excavations 2. Correspondence advising Council decision sent to land owner 3. Engineer with quarry experience engaged to undertake a review of Works Approval and prepare a ‘due diligence’ report for consideration by Council. 4. Engineers report received and reviewed. 5. Survey of site boundaries completed and received 6. Draft landowners agreement prepared, reviewed by Maddocks and sent to landowner for review and signature. 8. Engineer currently preparing operating agreement for transfer of mining rights 9. Discussion initiated with Maddocks to prepare draft agreements for both Permanent and Temporary Access., |
Ordinary Meeting 12 May 2013 |
Wooroonook Lake Committee of Management Responsibilities
|
1. Council note the contents of the report and their obligations as the DSE appointed Land Manager and Transport Safety Victoria appointed Waterway Manager. 2. Council continue to work with Transport Safety Victoria and the Wooroonook Lake Foreshore Committee in improving the amenity at Wooroonook Lake with specific attention on compliance and risk management requirements. 3. Council prepare Waterway Rules in accord with the provisions of the Marine Safety Act 2010 for application at Wooroonook Lake. 4. Approve the installation of a floating pontoon on the north side of the Lake on the basis that risk signage is erected and risk mitigation works completed as approved by Council’s Risk Officer and Transport Safety Victoria to mitigate the risk of injury when using the pontoon.
|
1. Waterways Rules being drafted 2. Report from Transport Safety Victoria received and currently being reviewd 3. Report to Council regarding Water Way rules and associated authorisations being prepared.. |
Ordinary Meeting 13 March 2013 |
Review of s86 Committees |
Council determine to transition all Committees established to assist with the care, maintenance and management of Council owned facilities and land, including land and facilities where Council is the appointed Committee of Management under the Crown Land Reserves Act, to Advisory Committees as set out in the Local Government Act 1989; 2. Recognising that transition of all current committees to Advisory Committee status will require working with existing committees, that this transition take place over the next 12 months; 3. Council write to all of the Committees identified in the Attachment to this report advising them of the intent to transition to Advisory Committee status and the reasons why this is considered to be important; 4. As part of the correspondence referred to in 3 above advise Committees of the support to be provided by Council in making the transition as set out in this report; and 5. The Chief Executive Officer report to Council on a quarterly basis of the progress being made in implementing this decision.
|
1. Consultant and staff preparing committee manual and associated materials 2. Progress report submitted to July Ordinary Meeting 3. Development of Management Manual continuing |
|
Impact of Flood Mitigation on Insurance |
Council write to the Insurance Council of Australia seeking clarification of their position on risk ratings, property cover and premium variations of insured properties within the protection of approved levee banks. |
Correspondence prepared and sent |
Ordinary Meeting 12 December 2012 |
Notice of Motion: Police Presence in Buloke
|
1. Council write to Inspector Jamie Templeton seeking an urgent meeting in the New Year to further discuss ongoing concerns with Police presence and incident response times in Buloke. 2. The letter make specific reference to the violent incident that occurred in Watchem on 25 November 2012 and continuing problems with antisocial behaviours in Birchip and Charlton. 3. That a copy of the correspondence be sent to the Member for Swan Hill, Mr Peter Walsh MLA. |
Meeting date yet to be arranged. |
|
Transfer of Service Approvals at the Wycheproof, Charlton and Sea Lake Kindergartens |
1. Authorise the Manager Community Services to commence the formal process required to facilitate the transfer of the Service Approval for both the Wycheproof and Charlton Kindergartens to the YMCA of Ballarat as the Approved Service Provider. 2. Authorise the Manager Community Services to commence the formal process required to facilitate the transfer of the Service Approval for the Sea Lake Kindergarten to Mallee Track Health and Community Service as the Approved Service Provider. 3. Continues to work with the individual Committees of Management and staff of the Wycheproof, Charlton, and Sea Lake Kindergartens to ensure a smooth transition of these Approved Services to the new Approved Service Providers. 4. Authorise the Manager Community Services to develop appropriate Facility Service Agreements with the YMCA of Ballarat and Mallee Track Health and Community Service to govern operational and maintenance responsibilities at all kindergartens located in the Buloke Shire. |
1. · Governance · Operations · Maintenance · Staff transfer arrangements · Occupancy arrangements for the respective Kindergartens that are subject to the transfer arrangement.
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Gilmour Road Land Transfer Agreement
|
That the Council: · 1. Proceed with the exchange of land at the intersection of Gilmour Road and Swanwater North Road in lieu of the section of the road reserve provided by Gilmour’s to the Council on Plan of Subdivision 444992B. · 2. Transfer Crown Allotment 2002 PP2532 Parish of Donald [Volume 11025 Folio 502] to Mr CT & Mrs DJ Gilmour. · 3. Gilmour’s have agreed to purchase the property for $7,000 excluding GST as determined by Council’s appointed valuers A and L Harvey Valuation Services. · 4. Place Public notices in local newspapers including full details of the proposed purchaser, price to be paid for the land and intended use.
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1. Legal instrument prepared and sent to parties. 2. Advertising in accord with Local Government Act completed. No submissions received. 3. Solicitor arranging signing of documents. |
Audit Advisory Committee – Progress of Actions
ISSUE # |
DATE REFERENCE |
ACTIONS |
ACTION TAKEN |
RESPONSIBLE PERSON INCLUDING ANTICIPATED COMPLETION DATE |
1 |
Nov 2011 |
Internal Auditors to review compliance with the new financial management compliance framework and update schedule. |
Included in 2013-2105 Internal Audit Plan.
Project has been scoped. (Appendix 4 – Risk Review & Proposed Internal Audit Plan. |
Manager Finance: Completed |
2
|
Nov 2011 |
Committee strongly recommends as a matter of urgency Buloke look at the quality of internal reporting. |
Financial reporting upgrades still in progress.
Quality of financial reporting has been improved.
Committee has endorsed improvements to date.
New templates to be ready for July 2013 Management Report |
Manager Finance: Improvements to be completed by 30 June 2013. |
3 |
May 2012
May 2013 |
The Committee requested an action plan be prepared based on the VAGO fraud audit report.
Committee is seeking more information on specific actions such as staff training, and policy and procedure reviews |
Action plan developed.
Progress against the Action Plan reported to each Audit Advisory Committee meeting.
Fraud awareness integrated inot revised Induction Manual.
Specific fraud prevention training instigated.
Cash handling procedures reviewed |
Manager Finance: Completed
CEO: By 30 September 2013. |
4
|
May 2012/May 2013
|
Audit Committee Self Assessment to be an Agenda Item for next Committee meeting. |
Self assessment questionnaire distributed.
Committee members to return to Internal Auditor.
Internal Auditor to table report at next meetings.
Item to be included as an agenda item for September 2013 meeting. |
Manager Finance: 30 September 2013. |
5 |
Nov 2012/May 2013
|
Committee to be updated on Project based accounting system being developed by Geoffrey Ballard for tracking major flood related road projects. |
System currently being developed.
Committee to be forwarded
information when it is available. |
Manager Finance: 31 May 2013 |
6 |
Feb 2013/May 3103 |
The Committee suggested that the Risk Officer look at the Fraud Risk Register. Unfavourable comments put in brackets for comparison. |
Fraud Risk Register currently being reviewed.
Risk Officer meeting with LOGOV consultant in May 2013 to agree on format.
For review at September Committee meeting |
Risk Officer: 31 August 2013 |
7 |
May 2013 |
The Committee requested a likelihood table for the Internal Audit Plan. |
For review at September Committee meeting |
Manager Finance and Internal Auditor: 30 September 2013. |
8 |
May 2013 |
The Committee requested to see a calendarisation of the balance sheet. |
For review at the September Committee Meeting |
Manager Finance: 31 August 2013 |
9 |
May 2013 |
Risk Register - The Committee requested confirmation on the rating of high re: Legislative Requirements, RM30. |
For review at the September Committee meeting |
CEO: 31 August 2013 |
7. Financial
a) Management Reporting
Further revisions to the Monthly Reporting format are being discussed with the Local Government Victoria Monitor.
b) Internal Audit Program
· Internal Audit Reports
o Draft Report on Budget Planning prepared
c) NDRRA Flood Repair/Restoration
Acquittal of expenditure and grant funds received is continuing.
· A claim for the period January 2011 to end January 2012 has been lodged. .
· A claim, for the period February 2012 to end May 2012 has been lodged.
· A claim for the period June 2012 to December 2012 has been lodged.
· A claim for the period 1 January 2013 to 30 June 2013 has been lodged
· C06 Reporting
o Fortnightly Status Report From C12 Contractor posted to Councillor Information Board (Big Tin Can)
o Draft revised report structure tabled for discussion and feedback
8. Staff
New Appointments
Brett Minnis- Senior Finance Officer
Kathryn Stenton (agency) – Compliance Officer temporary
Resignations/Departures
Rob Hall- Senior Finance Officer
George Geddes- Clerk of works
Greg Davis- Gardener/ Medium Plant Operator
Brody McDonald- Heavy Stream Diesel Mechanic
9. Major Projects (Projects with a value of over $100,000, projects carried over from previous year or projects of special interest)
i) Donald Storm Water Re-use System – Negotiation of end-user agreement
· Further discussion held with GWM Water 9 August 2013, Revised draft has been agreed.
ii) Charlton Recreation Reserve – Connection to AWB Dam
· Meeting with AWB held 27th March.
· Draft MoU prepared and currently being reviewed.
· Review of construction plans being undertaken to ensure there have been no new matters to be considered since the design was completed.
· Project remains within budget
iii) Traveller’s Rest, Charlton – Manager’s Residence and Information Centre
· Further discussion with the Traveller’s Rest Committee regarding the scope and financing of the project concluded.
· Project to be split into two tenders – provision of Services and Construction of Residence/Information Centre
· Overall project costs remain a concern. Project may need to be re-scoped to meet Budget constraints.
iv) Donald Family Services Centre
· Detailed project plan being prepared
· Meeting with architects scheduled for late August.
· Project estimates remain current
v) Charlton Park Community Building
· Tender received – report to November meeting
· Project Committee meetings continuing
· Estimated cost for preparation of drawings within Budget
· Quantity surveyor estimates have been obtained to guide overall project budget
vi) Berriwillock Community Centre
· Construction timeframe has fallen 3 weeks behind schedule. Practical completion for CFA fire shed met.
· Practical completion of Community building meeting scheduled 11th October
· Meeting held with Community Centre Management Committee 2nd September
· Project remains within Budget.
vii) Charlton Skate Park
· Design brief prepared and quotations to be sought
· Project to be designed to allocated budget.
viii) Birchip Bowling Club – Artificial Green
· Discussion continuing with Birchip Bowling Club
· Design and construct specification in draft form.
ix) Green Lake – Water Loss
· Green Lake Committee have advised the results of their further investigation of ground conditions. Results confirm the need for sealing of sections of the Lake.
· The Committee are liaising with DSE in regard to possible funding sources..
x) Charlton Swimming Pool – Pool liner and pipe-works.
· Preliminary designs reviewed and referred back for amendment
· Project likely to be tendered winter 2014
· Project remains within budget.
xi) Sea Lake Pool – Pool Liner and Pipe-works
· Works completed.
· Project remains within budget.
xii) Charlton Angling Club – Installation of Boat Ramp
· Permits have lapsed and new approvals are being sought
· Club has been unsuccessful with an application for funding for the Cultural Heritage Study (estimated cost $14,000)
· The Club has been advised that no exemption will be given in regard to the need to meet Cultural Heritage requirements.
· The project being reconsidered.
xiii) Donald Airport – Power Upgrade
· Principal works completed
· Minor works to be completed by local electrician
· Project within budget.
xiv) Donald Scout Hall/Angling Club
· Works on site continuing
· Project funding being managed external to Council. No Council contribution.
· Meeting held to organise management arrangements.
xv) Wycheproof Pool – Change Rooms (2014/15 Project)
· Funding application lodged
· Sources of other funding being researched
xvi) Heavy Plant Replacement - Jetpatcher
· Tender let
· Jetpatcher delivered 18 September 2013 and staff inducted.
xvi) Rupanyup Road – Re-sheet
· Re-sheet program scheduled for February 2014
xvii) Charlton Flood Study – Levee Detailed Design
· Funding application submitted
xviii) Charlton Flood Study – St Arnaud Road Floodway
· Funding application lodged
xix) Donald Flood Study – Levee Detailed Design and First Stage Development
· Funding application lodged
10. Flood Update
i) General Update on Recovery Activities
· Charlton Flood Plan
o Funding application to Government for preparation of detailed designs under NDRGS submitted.
· Donald Flood Plan
o Funding application to Government for preparation of detailed designs and Stage One works under NDRGS submitted.
· Community Events
o ‘Stories from the Flood’ publication proceeding.
· Rural Support
o Fire Shed schedule for 2013 has been distributed.
o ‘Farm Gate’ visits continuing.
· Wycheproof Community Flood Mapping Meeting – Meeting held on 24 April 2012. Feedback not yet received.
· Culgoa Flood Study – Mallee CMA has held an initial meeting with the Culgoa community.
· Flood Preparedness Plans
o Plans developed for Charlton, Donald and Culgoa but still with VicSES for final release.
ii) Community Recovery Committee Activities
· Charlton - Committee meeting as required
· Culgoa – Committee to meet as part of the Culgoa Development Group meeting.
· Donald – Committee meeting on an as needs basis.
· Wycheproof – Meeting with NCCMA to undertake flood mapping held on 24 April 2012. No feedback yet received.
11. Council Policy and Strategy
i) Residential Land Study, Rural Living Review and Industrial Land Use Review – Ministerial authorisation to prepare an Amendment relating to Industrial Land following Council resolution at the April Ordinary Meeting received and Amendment on exhibition. Report to September or October Meeting.
ii) Domestic Waste Water Management Plan
· Project delayed until further resources available.
iii) Public Health Sub-Plan of the Municipal Emergency Management Plan (MEMP) – Consultant engaged to prepare the Plan in accord with Department of Health (DoH) requirements.
v) Pre-School Cluster Arrangements
o Discussion regarding transfer of Sea Lake operating licence to Mallee Track is continuing.
o Transfer of operating licence for Charlton and Wycheproof to YMCA completed. Draft MoU has been forwarded to the YMCA for final review prior to signing.
vi) Municipal Flood Plan (MFP)
· Work plan to review current Plan is still being developed.
· Flood Safe plans for Donald, Charlton, Wycheproof and Culgoa are to be developed.
· VicSES have provided a template for the development of a Municipal Flood Plan.
vii) Management Reviews
a. Road Maintenance Standards
Meetings of relevant staff are continuing.
b. Road Construction/Rehabilitation Decision Making Processes
Review has commenced using information and designs prepared as part of C06 as the base.
c. Economic Development – Review of Policies, Strategy and Approach
Draft strategy being completed
d. S186 Committees of Management – Review of Governance, Risk Management and Financial Arrangements
Progress reported to the July Ordinary Meeting
e. Financial Sustainability and Affordability
· Meetings held with Monitor in July
· Information request received from Monitor and responded to
· KPMG.(Forensic Audit) have completed initial data collection and advised they will be returning in August 2013.
f. Municipal Emergency Management Plan
o Meeting held with SES in July.
o Recruitment of Municipal Emergency Management Planning officer proceeding
g. Maintenance of Sporting Grounds and Reserves (Anthony Judd lead Manager)
· Progress report made to July ordinary meeting
· Development of Management Manual continuing
· Census of users/groups being considered.
h. HACC Program - Delivered Meals
Internal review has commenced and draft report provided to the CEO for comment.
i. Volunteer Support
· Presentation made to Council 11 June 2013.
· Final report and support materials being prepared.
j. Road Management Plan
Report to October Ordinary Meeting.
k. Heavy Plant Maintenance
· Quarterly meetings of Plant Group scheduled.
l. Heavy Plant Replacement Program
· Review of the future of Long Haul Cartage Trucks is continuing.
m. Municipal Public Health and Wellbeing Plan
· Review meetings held with stakeholders in June 2013
· Community consultation meetings held in Donald and Sea Lake
· Draft Plan submitted for review
· To be adopted at November Council meeting
n. Aquatic Strategy
· Consultant appointed
· Consultation program commenced
· Work program being developed – anticipated completion March 2014
o. VicRoads Agency Arrangements
· Correspondence sent to VicRoads
· Expressions of interest received from businesses/organisations in Wycheproof, Birchip, Charlton and Donald as a result of local press coverage
· Meting to be arranged with VicRoads to determine process for dealing with possible transfer to other providers.
p. Local Government Performance reporting Framework
· Version 1.2 of the Framework released by Local Government Victoria
· Buloke participating as a pilot Council
· Briefing of internal stakeholders held in August
· Initial surveys being undertaken
q. 2013 Walk to School Program
· Expressions of Interest sought from all schools in Buloke with responses received from just the two Sea Lake schools.
· Application for funding submitted to Vic Health.
· Advice received that the application was successful.
· Liaisons to take place with two Sea Lake schools during October to plan the program.
r. Wycheproof Child Care Program Sustainability
· YMCA, DEECD, BSC, staff and community Meeting held on 10/9/13 to discuss the ongoing viability of the childcare program in its current form.
· YMCA now researching alternative models of delivery with a focus on providing an integrated early childhood care and education service incorporating childcare and kindergarten program.
· Initial feed back at the meeting was positive but subsequent feedback indicates that there is little support for this concept from parents of kindergarten children.
12. State Government Matters
· VicRoads
Meeting held 12 April 2013. The following matters were discussed:
· Calder Highway, Dumosa - Truck Stop
· Design work for a toilet block has been completed and is likely to proceed in 2013/14 as a result of the Federal funding announcement.
· Installation of rubbish bins to be considered in conjunction with the toilet development.
· CFA Regional Officers have met with the Dumosa Brigade and advised the Dumosa Fire Shed will need to be relocated if the toilets proceed.
· Nullawil Toilets and Wayside Stop
· Remains a low priority by VicRoads
· Highest priority is for Rest Areas on the Calder Highway corridor.
· Intersection of Birchip/Nullawil Road and Calder Highway – Drainage Problems
· Full survey of site has been completed and asphalt works are to be undertaken as soon as practicable in conjunction with other works in the Shire
o Calder Highway, Sea Lake – Installation of Pedestrian Crossing
· Works to occur before December 2012 pending VicRoads sourcing an available contractor.
o Re-alignment Intersection Nullawil-South Road and Birchip-Nullawil Road to ‘T’ Intersection
· No funds available due to closure of the ‘Grey Spot Funding’ program.
o Calder Highway, Charlton – Truck Parking ‘Lizard’ Cafe
· VicRoads will continue to monitor truck parking arrangements. No simple solution.
o Borung Highway, Donald – Entrance to Donald Recreation Reserve
· Council and VicRoads to work together on realignment of the entrance in accord with the Donald Reserve Master Plan..
o Intersection Birchip-Wycheproof Road and Birchip-Dumosa Road
· No funds available due to closure of the ‘Grey Spot Funding’ program.
o Cumming Avenue, Birchip – Sand bag traffic island
· Sand bags to be removed and replaced by line marking
o Possible Grey Spot Funding Priorities (Works identified by Council)
· Intersection of Sunraysia Highway and Racecourse Road Donald (comes into HWY on dangerous angle)(Requires Traffic Islands)
· Intersection of Calder Highway and Patchewollock Sea Lake Road including width of the seal and alignment of the road (undulations) (comes into HWY on dangerous angle)
· Intersection of Birchip Sea Lake Road and Marlbed Curyo Road
(comes into Birchip Sea Lake Road on dangerous angle)
· Intersection of Sunraysia Highway and Birchip Rainbow Road (comes into Highway on dangerous angle) – VicRoads report one reported vehicle accident (2006).
· Intersection of Sunraysia Highway and Kinnabulla West Road (Tree Trimming)
· Intersection of Sunraysia Highway and Marlbed Road (Tree Trimming)
· Intersection of Calder Highway and Warne Road (comes into Highway on dangerous angle)
· Intersection of Calder Highway and Birchip Nullawil Road /Nullawil Quambatook Road (comes into Highway on dangerous angle)
· Intersection of Calder Highway and Berriwillock North Road (comes into Highway on dangerous angle)
· Intersection of Donald Swan Hill Road and Nullawil Quambatook Road (comes into Highway on dangerous angle)
· Intersection of Donald Swan Hill Road and Banyenong Jeffcott Road (comes into Donald Swan Hill Road on dangerous angle)
· Intersection of Donald Swan Hill Road and Corack Wycheproof Road (comes into Donald Swan Hill Road on dangerous angle)
· Intersection of Birchip Wycheproof Road and Dumosa Birchip Road (comes into Birchip Wycheproof Road on dangerous angle) VicRoads report one reported accident (2004).
· Intersection of Birchip Wycheproof Road and Nullawil Birchip Road (comes into Birchip Wycheproof Road on dangerous angle) VicRoads report one reported accident (2012).
· Intersection of Sunraysia Highway and Devon Park Road (comes into Highway on dangerous angle)
· Intersection of Sunraysia Highway and Swan Water North Road (comes into Highway on dangerous angle)
· Intersection of Boort Charlton Road and Borung Charlton Road (comes into Boort Charlton Road on dangerous angle)
· Intersection of Boort Charlton Road and Jeruk River Road (comes into Boort Charlton Road on dangerous angle)
o Culgoa-Watchupga Road Bridge
· VicRoads report received.
· Onsite inspection of the intersection of the temporary bypass has been undertaken to address sight line and safety matters, including speed restrictions
o Town Entrance Signs
· Clarification sought on use of graphics on Town Entrance signs. VicRoads to provide advice.
o Charlton and Donald Flood Plans
· VicRoads confirmed they had received copies of the Plans and were currently reviewing the recommendations.
12. Federal Government Matters
iii) Review of Status of Aerodromes – Discussion paper distributed. No follow-up action yet taken. Advice received from CASA of a change in requirements for small airports. Information still being reviewed.
13. Community Matters
a) Recreational Lakes
Wooroonook Lake
o Emergency management plan and operational plans for caravan and camping facilities are still being prepared.
o Staff have undertaken a further risk review in relation to signage and safety at the Lake in conjunction with Transport Safety Victoria. A number of recommendations have been made that are currently being assessed.
Green Lake
o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.
o Correspondence sent to Minister for Ports advising that Council wishes to resign as waterway manager and transfer this responsibility to DSE. Response received advising that current arrangements should remain in place until DoT can determine the administrative procedures. Transport Safety Victoria have advised they are currently investigating the need for Council to continue to be the nominated waterway manager
o Committee continuing with geotechnical assessment of measures required to prevent water loss. .
Tchum Lake
o Lake Committee is continuing to seek funding for preparation of a Master Plan to facilitate the development of on-site accommodation.
o Committee has instigated discussion with staff regarding the location and construction of on-site accommodation (cabins)
o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.
o Review of Building Approvals for the ‘shelter’ has identified compliance problems. Action is being taken to address the identified problems. Inspection has identified that the Committee have made changes to the building which may require a Building permit. Discussion to be held with the Committee.
Watchem Lake
o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.
o Lake Committee seeking funding for removal of trees along the walking path from the town to the Lake and for upgrade of the walking track.
o Lake Committee seeking funding assistance to upgrade access road around the lake. Council resolved in December for staff to assist with seeking alternative quotations.
Folletti Caravan Park Lake
o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.
o Proposal for construction of new Scout Hall/Angling Club is proceeding. Scouts/Angling Club has sought quotes for construction of the building. Council will need to meet as the Committee of Management for the reserve to consider the project. Draft landscape plan received.
14. Vandalism
Birchip (August) – Graffiti in public toilets - The graffiti was in a cubical in the men’s toilet it was offensive in regards to two Birchip residents. The graffiti was removed. Victoria Police were advised of the incident.
15. Other
a. Culgoa-Watchupga Road Bridge – The Manager Reconstruction provided an update on the VicRoads engineering report. Further discussions to be held with VicRoads regarding funding options.
b. Cr White requested clarification on:
· Frequency of Road Sweeping Program in each township.
· Repairs to Nullawil toilets
· Status of Sea Lake Kinder transfer
· Outcomes of C6 grading program
c. Cr Tellefson commented on:
· Flood repairs on Jeffcott Road and culvert on Avon Plains Road
· Weeds around Green Lake region
· Condition of the Litchfield Hall
d. Cr Milne requested an update on timeframes for:
· Footpath works near small bridges in Donald
· EOI’s for sale or lease of 14 McCulloch St, Donald
e. Cr Mather requested clarification on the pool season report in the Council Agenda
Meeting Closed at 8.03pm
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
6.2 Report of Assembly of Councillors Meetings
Attachment 2 Record of Assembly Meeting - 9 October 2013
BULOKE |
SHIRE COUNCIL |
ASSEMBLY OF COUNCIL MEETING
Meeting held at 5.00pm Wednesday 9 October 2013 at the Wycheproof Supper Room
Present:
Councillors:
Cr Tellefson, Cr Pollard, Cr Mather, Cr Milne, Cr White and Cr Sharp (Arrived 5.59 PM)
Staff:
Anthony Judd (Acting Chief Executive Officer), Gaynor Doreian (Manager Works and Corporate Services), Warren Hemopo (Manager Reconstruction), Bill Ryan (Manager Finance), Louisa Ferrier (Acting Manager Assets and Infrastructure), and Bill Keane (Manager Community Services),
Invitees:
Stephen Roche (Deloittes)
Members of the Community:
Nil
Apologies:
Warwick Heine (Chief Executive Officer),
Cr McLean (Leave of Absence)
Disclosure of Interests: Nil,
Councillor Mather took the chair.
MATTERS TO BE DISCUSSED
1. Briefing from Stephen Roche on the S135 Report and site visits to Buloke.
Council was briefed on Stephen’s first two visits to the shire to follow Council’s progress in addressing the matters raised in the S135 report.
Stephen highlighted that key areas for Council to focus on in the coming months were:
Visit 1.
Cash flow reporting to Council to be formatted to achieve a 12 month rolling forecast of Council’s cash position.
Cash flow reporting to include an analysis of restricted assets and work in progress.
Council to do an analysis of discretionary and non-discretionary spending to assist Council in decision making.
Visit 2.
Council to continue to focus on cash flow and make strategic decisions based on the available cash and forward cash flow projections.
Cash flow projections to be segregated into flood and non flood related items to show a clearer picture of actual operating cash flows.
Systems to be devised to report grant funding and progress made on grant funded projects including future committed funds.
LGV to be approached to assist in providing additional resources to prepare additional financial reports to address recommendations in the S135 Report.
Cost benefit analysis to be undertaken on all Council services to identify the costs of service provision. Stephen currently trying to source a suitable template.
Stephen to review Buloke’s response to VAGO sustainability of Small Councils report to confirm that the proposed actions are in the process of being addressed.
Stephen to meet with councillors on next visit scheduled for 30 October to review progress.
2. Discussion
Council discussed the matters raised in Stephen’s briefing and committed to undertake the suggested reviews as a high priority.
Meeting closed: 6.00PM
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
6.2 Report of Assembly of Councillors Meetings
Attachment 3 Record of Assembly Meeting - 30 October 2013
BULOKE |
SHIRE COUNCIL |
ASSEMBLY OF COUNCIL MEETING
Record of meeting held at 5.30pm Wednesday 30 October 2013 at the Birchip District Office
Present:
Councillors:
Cr Tellefson, Cr Sharp, Cr Pollard, Cr Mather, Cr Milne, Cr McLean and Cr White.
Staff:
Anthony Judd (Acting Chief Executive Officer), Gaynor Doreian (Manager Works and Corporate Services), Warren Hemopo (Manager Reconstruction), Bill Ryan (Manager Finance), Judi Bird (Senior Procurement Officer), Bill Keane (Manager Community Services), Michele Bos (Senior Planner), Louisa Ferrier (Acting Manager Assets and Infrastructure)
Members of the Community:
Apologies:
Warwick Heine (Chief Executive Officer)
Disclosure of Interests:
Cr Mather took the chair.
MATTERS TO BE DISCUSSED
1. Presentations
5:30pm: Contract C6 &
C12 – Flood Reconstruction Contract Update: Staff updated Council on progress
with the flood restoration works with a focus on works completed to date,
acceleration, funding cut off dates and revised standards of gravel pavements.
2. Councillor Reports
Cr Pollard updated Council on the successful FREEZA event held in Birchip over the previous weekend.
Cr Tellefson updated Council on the current work being done to update the Flood Management Plan and Fire Management Plan.
Cr Sharp updated Council on the Deanne Ferrier being appointed the new Chairperson of the Birchip Forum
3. CEO and Senior Management Team Reports
Other
a. Legal
i) George Gould Units
ii) Hamilton Street, Sea Lake
iii) *Alexander Street, Berriwillock
iv) Building Control Matters
· Charlton – Addition to Shop
· Charlton – Shed and associated buildings
· Nandaly – Storage shed
· Birchip – Non-compliant house
· Birchip – Storage shed
· Charlton – Re-erect a dwelling
· Jill Jill – Re-erection of a dwelling
· Wycheproof – Addition to dwelling
· Birchip – Addition to shop
· Birchip – Addition to dwelling
· Charlton – Addition to office
· Sea Lake – Warehouse
· Sea Lake – Dangerous veranda
· Berriwillock – Dangerous veranda
· Nullawil – Illegal building
· Donald – Addition to dwelling
· Berriwillock – Amenities building additional to shed.
· Birchip – Illegal shed in township
· Donald – Dangerous facades
· Charlton – Addition to building
· Birchip dwelling- Illegal works without a building permit
· Birchip shop – Dangerous facade
.
v) Local Laws/Planning
· Charlton – Breach of Local Law and Planning Permit
vi) FoI Requests
No current requests.
vii) Illegal Roadside Ripping – Report – Anthony Judd
§ * Dumosa (various roads – 31kms)
viii) Risk
i) Public Risk Incidents
1) Sea Lake (2012) – trip
2) Sea Lake (2012) – fall
3) Donald (2012) – fallen branch
4) Buckrabanyule (2012) – Cattle on road
5) Birchip (2012) – trip
6) Culgoa (2012) – fallen branch
7) Donald (2012) – fall
8) Donald (February) – trip
9) Charlton (March) – dog attack
10) Sea Lake (March) – trip
11) Sea Lake (April) – unregistered dogs
12) Donald (June) – dog rush.
13) Donald (June) – unsightly property
14) Watchem (June) – unsightly property.
15) Cope Cope (June) – unregistered dogs, unsightly property and illegal storage (principally rubbish)l on VicTrack land
16) Donald (June) – dog attack/rush
17) Watchem (July) – unregistered dogs
18) Birchip (July) – trip
19) Berriwillock (August) – dog attack
20) Wycheproof (August) – stone thrown by whipper snipper
21) Wycheproof (August) – trip
22) Birchip (August) – vehicle damage
23) Birchip (August) – vandalism
24) Charlton (August) – roadside theft
25) Birchip (September) – vehicle damage
26) Donald (September) – Attempted break-in
27) Donald (September) – trip
28) Wycheproof (September) – vandalism
29) Sea Lake (October) – dog attack
ii) Risk Register
· Updated register available for review on Dashboard.
iii) Staff Incident Reports
1) * Aerodrome – Fall
2) * Sharps – Sea Lake
4. WorkSafe
1) Nil.
5. Insurance
1) No matters.
6. Governance
· Council Plan 2013-2017 – Adopted in principle 25 July. Adopted at Special Meeting 28 August 2013. On public exhibition. Adopted Plan to be reviewed every six months.
· Code of Conduct for Staff – Draft Staff Code prepared and currently being reviewed.
· Ordinary Meetings of Council – Progress of Actions from Minutes
Meeting Reference |
Item |
Action |
Progress |
|
|
|
|
Ordinary Meeting 9 October 2013 |
Human Resources Policy Review |
That the Council: 1.Adopt the following Human Resources policies: Bullying, Equal Opportunity, Discrimination, Sexual Harassment policy; Conditions of Employment policy; Declared Emergency policy; Diversity Management policy; Employee Assistance Program policy; Grievance policy; Leave policy; Performance Management policy; Recognition of Service policy; Recruitment and Selection policy; Resignation and Exit policy; Return to Work policy; Training and Development policy; Work Experience policy; Working from Home policy. 2.Request the Human Resources Officer to provide all staff with access to the Human Resources policy suite using Council’s consultative mechanisms 3.Note the removal of the following policies from the Human Resources policy suite: Human Resources Policy No. 157 – Bullying policy Human Resources Policy No. HR9 – Code Red policy Human Resources Policy No. HR1.2 – Equal Opportunity policy Human Resources Policy No. 153 – Harassment policy Human Resources Policy No. HR2503 – Telephone Usage policy
|
HR Manual Updated. |
|
Occupational Health and Safety Policy Review |
That the Council: 1.Adopt the following Occupational Health and Safety policies: Drug and Alcohol policy; First Aid policy; Inclement Conditions policy; Manual Handling policy; Non Smoking policy; Occupational Health and Safety policy; Operational Uniform policy; Working in Isolation policy. 2.Request the Human Resources Officer to provide all staff with access to the Occupational Health and Safety policy suite using Council’s consultative mechanisms.
|
HR Manual Updated. |
|
Risk Management Policy Review |
That: 1.The Council adopt the Risk Management Policy; Fraud Prevention and Reporting policy; Accessing Private Property policy, and; Business Continuity Management policy. 2.Request the Human Resources Officer to provide all staff with access to the Risk Management policies.
|
Council Policy Manual Updated. |
|
Financial Policy Review |
That: 1.That Council adopt the Investment Policy, Asset Revaluation Policy, Asset Capitalisation Policy, Asset Revaluation Policy, Depreciation Policy, Annual Budget Policy and Financial Reporting Compliance Policy. 2.The Manager Finance make these Policies available to all staff through publication on Council’s corporate Information folder. 3.That all Policies be presented to the audit Advisory committee for review at the next Audit Advisory committee Meeting.
|
Council Policy Manual Updated. |
|
Light Vehicle Fleet Management Policy |
That: 1.Council approve the proposed revisions to this Policy.
|
Council Policy Manual Updated. |
|
Swimming Pool Season 2013/2014 |
That: 1.Council set the 2013/14 Pool Season to open on the 16th November 2013 until 16th March 2014 for all seven pools. 2.Council write to each Pool Committee and user group outlining the Pool Season will operate from 16th November 2013 until 16th March 2014. 3.In this letter suggest that Council will seek full cost recovery if Committees or users wish to extend their season beyond the set opening dates, it will be at a cost of: (a) $152 per day with the use of volunteer lifeguards. (b) $338 per day with the use of Council-employed lifeguards. 4.Council advertise the 2013/14 pool season dates in the local newspapers and ensure they are displayed at each pool for the duration of the season.
|
|
|
Domestic Animal Plan 2013 - 2017 |
That Council:
1.In accordance with the requirements of section 68A of the Domestic Animals Act 1994 adopt the Domestic Animal Management Plan 2013-2017 to replace the Domestic Animal Management Plan 2008-2012.
2.A copy of the adopted Domestic Animal Management Plan be forwarded to the Secretary of the Department of Planning and Environment in accordance with section 68A(3) of the Domestic Animal Management Act 1994.
|
Plan published on Dashboard and Website. |
|
Appointment of Authorised Officer |
That: 1.In the exercise of the powers conferred by s224 of the Local Government Act 1989 and other legislation referred to in the attached instrument of appointment and authorisation Buloke Shire Council resolves that Ms Kathryn Shenton be appointed and authorised as set out in the attached instrument for the period of her employment with Council. 2.The instrument come into force immediately the common seal of Council is affixed to the instrument and remains in force for the period of Ms Shenton’s employment with Council or until Council determines to vary or revoke it. 3.The instrument be sealed.
|
Instrument of Appointment Signed/Sealed and a letter and a copy of Instrument sent to Officer. Copies of both also with HR and Records. |
|
Petition - Kerbside Waste Management Service in Nandaly and Outlying Areas |
That: 1. Council receive this Petition Letter and lay it on the Table for a Report at its next Ordinary Meeting scheduled for 13 November 2013. 2. Receipt of the petition be acknowledged and the Author be advised that the matters they have raised will be considered by Council at the November Ordinary Meeting 3. Following consideration of the Petition at the November Ordinary Meeting the Author is to be advised of what action Council intends to take.
|
Letter has been sent to acknowledge petition and will be addressed at Nov Ord Meeting. |
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Letters to Politicians – Interface Issues with Highways and Donald – Swan Hill Road |
The Buloke Shire Council to escalate its advocacy efforts to the State Government regarding improvements required for specific intersections across the Buloke Shire, by writing to Government and Shadow Ministers to request funding be allocated to fix the problems. The areas of particular concern are the Calder Highway intersection with the Birchip Nullawil Road at Nullawil and the Corack Road with the Donald Swan Hill Road.
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Special Meeting 27 September 2013 |
Annual Financial Statement and Performance Report |
That the Council approve in principle the audited 2012/13 Financial Statements and Performance Statement for Buloke Shire. Approve the signing of the Certification of the Financial Statements and Performance Statement certification by Councillors Mather and Tellefson subject to the Audit Advisory Committee recommending that Council adopt the Financial Statements and Performance Report. Council also note the following: 1.The Audit Advisory Committee will meet on Friday 27 September 2013 to consider the Financial Statements and Performance Report and provide their recommendations. 2.Note that there are no significant changes expected to be made to the final accounts. The final draft management letter has been received and VAGO have provided verbal confirmation that the accounts as presented are acceptable. 3.Note that if any major changes need to be made to the accounts or there is any modification to the audit opinion that both the Committee and Council will be notified of such changes before the final adoption of the financial statements is approved by Council. This is highly unlikely, however it was a suggestion made following the S135 report and management have agreed to comply with the recommendation.
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Letter of Appreciation – Leonie Burrows |
Council to forward a letter of appreciation to Ms Leonie Burrows, for assisting Buloke Shire Council as a temporary Acting Chief Executive Officer, in the absence of the Chief Executive Officer, Mr Warwick Heine. The Mayor Cr Mather to prepare the letter on behalf of Council.
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Letter to be prepared by Mayor. |
Ordinary Meeting 11 September 2013 |
Mobile Phone and GPS Usage Policy |
That: 1. Council adopt the Mobile Phone and GPS Usage Policy. 2. The Manager Works and Corporate Services make the Policy available to all staff who have been issued with a mobile phone. 3. The Human Resources Coordinator continues to include the Mobile Phone and GPS Usage Policy in Council’s Induction Manual.
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1. Employee awareness program being developed. 2. Policy and supporting material published on Council’s website. |
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Information Management Policies |
That: 1.Council adopt the IT Disaster Recovery Policy, Electronic Communication Policy and the Information Security Policy. 2.The Manager Works and Corporate Services make thePolicies available to all staff through publication on Council’s corporate information folder. 3.The Human Resources Coordinator continue to include the Information Security Policy in Council’s Induction Manual and request that staff who have access to a computer read the Policy and sign theAcknowledgment Section and return it to Human Resources for filing on their personnel file.
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1. Section 119(3) notice published 2. Copy of Local Law sent to the Minister for Local Government Local Law has been gazetted and advise received from the Minister. Local Law published on Council’s website. Agents sent a copy of the Local Law along with the newly developed user agreements. This item is now finalised. |
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Corporate Card Policy Review |
That: 1.Policy review report be noted and accepted.
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Audit Advisory Ctte – Appointment of Chair |
That Council: 1.Appoint Mr Tom Evans as Chair of the Audit Advisory Committee for a two year period commencing 1 September 2013 and ending 31 August 2015. 2.Appoint Mr Ian Cuthbertson as a member of the Audit Advisory Committee for a further 12 month period ending 31 August 2014.
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Correspondence sent to both Committee Members. |
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Advocacy Outcomes Resulting from Planning Minister’s Visit |
That Council 1. Write to the Minister for Planning, Mr Matthew Guy following his visit to the Shire to reiterate the importance of the following planning and building matters to his proposals for Planning zone reform, in particular changes to the Farming Zone - The classification of agricultural outbuildings according to the Building Act - The appropriateness of ministerial intervention and its justification - The ability of rural local councils to adequately staff planning and building departments - Larger infrastructure projects such as standard gauge for rail networks - Alternative energy facilities and a lack of infrastructure to support their opportunities 2. Provide a copy of the correspondence to Rural Councils Victoria and the Municipal Association of Victoria.
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Letter to be prepared |
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Adoption of Loddon Mallee North Regional Growth Plan |
That Council adopt the Loddon Mallee North Regional Growth Plan as endorsed by the Loddon Mallee North Regional Growth Plan Project Steering Committee.
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Ordinary Meeting 14 August 2013 |
Protected Disclosure Policy |
Council adopt the Protected Disclosure Policy. 2. The Manager Works & Corporate Services make the Policy, procedures and flow charts available to all employees. 3. The Manager Works & Corporate Services publish the Policy and supporting documentation on Council’s website.
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1. Employee awareness program being developed. 2. Material for website being prepared |
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Saleyards Precinct – Local Law 14 2013/14 |
1.Make the Saleyards Precinct Local Law No.14 of 2013.
2. In resolving to make the Saleyards Precinct Local Law No. 14 2013, has noted the advice provided that the matters in Schedule 8 of the Local Government Act 1989 has been reviewed, including that the proposals do not create a restriction on competition, and that the proposals are not incompatible with the rights in the Charter of Human Rights and Responsibilities Act 2006.
3. Give notice in accordance with Section 119(3) of the Local Government Act 1989 that Council has made the Saleyards Precinct Local Law No. 14 in the Government Gazette and in the Buloke Times, North Central News and Sea Lake Times Ensign.
4. Send a copy of the Saleyards Precinct Local Law No. 14 2013 to the Minister in accordance with Section 119(4) of the Local Government Act 1989.
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1. Section 119(3) notice published 2. Copy of Local Law sent to the Minister for Local Government |
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Wycheproof Childcare Program - Request for Assistance from YMCA |
1. Council agrees to the funding request from the YMCA of Ballarat for $3,000 to enable it to continue to provide the Wycheproof Childcare program until the end of 2013 and that this agreement is done so on the proviso that the YMCA commits to actively research over the next four months all alternative models of providing a financially sustainable service.
2. Funding for the request be derived from the D300 Pre-School Services Budget.
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YMCA advised of Council decision |
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Intent to Refuse Planning Permit 466/12 for a Four Lot Subdivision at Gunyah Flat Road, Charlton
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That Council refuse planning permit 466/12 for a Four Lot Subdivision at Gunyah Flat Road, Charlton.
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Applicant advised. |
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Amendment to Permit Fees Administered by Council Building Department
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A change to several fees administered by the building department be approved for better reflection of fair outcomes |
Fees adjusted in Draft Budget 2013/14 |
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Permission to Seek Adoption from the Minister for Planning Scheme Amendment C23 - Anomolies
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Council approve the request to seek adoption from the Minister for Planning for Amendment C23 – Anomalies to the Buloke Planning Scheme.
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Correspondence sent to the Minister |
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Property Fire Services Levy |
Manager Finance to provide report to Council on matters relating to implementation of the levy |
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Donald Archives Building |
Manager Assets and Infrastructure to keep Council informed on proposed works to rectify structural problems |
Back section demolished. |
Ordinary Meeting 10 July 2013
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Vic Roads Agency Agreement |
1. Council work with VicRoads over the next 6 months to find alternative auspice organisations to provide VicRoads Agency Services in the five main towns across the Shire.
2. In the event that no suitable alternative auspice organisation/s can be found by 31 December 2013 in any of the main towns across the Shire, Council continue to provide VicRoads Agency Services only from the Wycheproof District Office.
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1. Correspondence sent to VicRoads 2. Initial expressions of interest registered from businesses/community organisations in Charlton, Wycheproof, Birchip and Donald. 3. Advice received from VicRoads that they have visited all interested parties. Vic Roads has also approached a Sea Lake business. 4. Vic Roads has advised they will write to Council with their outcome. |
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Petition - Safety and Increased Traffic Flow in Woods Street Donald
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1. Coordinate a joint meeting between petitioners, VicRoads and Council representatives. 2. Staff report back to Council following the meeting.
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Meeting held 28th October 2013 |
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Questions from Councillors |
Road Management Plan - Maintenance of Roads for Businesses (Cr Ellen White) (RO/15/01) |
Manager Assets and Infrastructure to report to Council. |
Ordinary Meeting 12 June 2013 |
Call for Expressions of Interest for the Sale or Lease of 14 McCulloch Street, Donald |
That Council, having determined it has no requirement for the property at 14 McCulloch Street, Donald, Volume 10415 Folio 533, Lot 1 PS 410027 (“the property”), give public notice seeking Expressions of Interest for the sale or lease of the property. 2. That Council prepare Expression of Interest documents setting out the assessment criteria against which all applications for the sale or lease of the property will be evaluated. 3. That Council convene a tender evaluation panel to assess all proposals received, upon the closing of the Expression of Interest period. 4. That the public notice be placed in the three local newspapers, namely the Buloke Times, North Central News, Sea Lake and Wycheproof Times Ensign in addition to the Wimmera Mail Times. 5. That the public notice disclose the following: (a) That the sale or lease of the property is subject to Section 189 (restriction on power to sell land) and Section 190 (restriction on power to lease land) and Section 223 (right to make submission) of the Local Government Act 1989 (Vic) (“the Act”); (b) The location of the property, including street address and Certificate of Title details; (c) The details of the property, including a description of the property and current zoning; (d) That a heritage amendment has been approved and adopted by Council and that upon Gazettal by the Department of Planning and Community Development, there will be a Heritage Overlay on the property in respect of the external facade; (e) The commencement and end of the Expression of Interest period; (f) That Expression of Interest documents must be lodged in the manner and form required by Council; (g) That the Expression of Interest documents will be available on Council’s website or by contacting Council’s Procurement Department on (03) 5478 0100; and (h) Contact details for a Council representative, if further information is required.
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Notices in local papers. |
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Donald WorkSpace, Lot 41, Racecourse Road, Donald - Lease Renewal |
Council agree in principle to enter into a further Lease Agreement with Workspace Australia Limited (“Workspace”) for the premises at Lot 41, Racecourse Road, Donald Industrial Estate, Donald. Certificate of Title Volume 10413 Folio 421, Plan of Subdivision 409528C. 2. The proposed Lease be for a period of ten (10) years, from 29 August 2013 to 28 August 2023. 3. Council, in conjunction with its legal representatives, commence negotiations with Workspace in relation to the terms of the proposed Lease. 4. Units 1 to 5 of Lot 41, Racecourse Road, Donald Industrial Estate be re-valued and re-assessed as one for the purposes of rating. 5. That under the proposed lease arrangements Workspace is to meet all rates, taxes and charges applicable to all of the Premises in addition to continuing to be responsible for all maintenance of the buildings and surrounds. 6. That the current lease arrangement of $1.00 per annum for the property be continued, conditional upon Workspace and Council entering into an agreed collaborative plan to maximise the potential of the premises and Donald Incubator Program within the Shire. 7. That upon Workspace approving a new tenant under its Licensing Scheme it advise Council of same and that notification also be provided upon that tenant vacating the premises. 8. Council give Public Notice of its intention to enter into the Lease with Workspace. 9. That the Public Notice disclose the following: (a) References to the Local Government Act 1989 (Vic) - Section 190 (restriction on power to lease land) and Section 223 (right to make a submission); (b) The location of the property, including Certificate of Title details; (c) The use of the Land (d) The rent to be paid; (e) The independent annual market rental valuation received for the land; (f) The reason the current Lease is below the independent market rental valuation is because: i. Of the potential for business economic development in the Shire; ii. Outgoings and other charges are to be met by the proposed Tenant; and iii. The proposed Tenant is a “not for profit organisation”. (g) The commencement and end of the submission period; (h) How submissions can be made; (i) That persons making a submission are entitled to request that they be heard in support of their submission and are entitled to appear in person; and (j) Contact details for a Council representative if further information is required. 10. The date by which submissions are to be submitted, for the purposes of Section 223 of the Local Government Act 1989 be thirty (30) days from the date of the placement of the necessary advertisements. 11. The advertisements be placed in the local press, namely the North Central News, Sea Lake Wycheproof Times Ensign and the Buloke Times.
Council Notes That: 12. Workspace enters into individual License Agreements with each tenant. 13. The terms of the current Lease were not wholly sufficient for the nature of the business and the terms of the proposed Lease agreement are to be negotiated and clarified with Workspace. 14. The agreed plan of collaboration to be developed with Council, in order to continue the subsidised rental model, address issues of engagement management and with a Council staff member appointed as a direct liaison contact and with defined meeting and reporting requirements.
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1. Correspondence sent to WorkSpace. 2. Draft lease prepared and sent to WorkSpace for review 3. Public Notice prepared for placement in local newspapers. 4. Meeting held with WorkSpace to address questions from the draft lease. No outstanding matters 5.Solicitor engaged to finalise lease. |
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2013 Community Survey Results
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That Council: 1. Note the report 2. Update the information package sent to all ratepayers with 2013/14 rate notices to include details of current advocacy and lobbying activities 3. Continue to publish ‘Community Matters’ on a regular basis 4. Include more information in ‘Community Matters on service activities, advocacy and lobbying activities 5. Continue to identify additional opportunities to direct mail information to residents 6. Send a copy of this report to township Forum groups and Progress Associations with a request for comment on the findings and suggestions for improvement 7. Send a copy of this report to all staff for their information and for discussion at team meetings across the workplace. |
1. Information package under development 2. June Mayor’s Column in local newspapers dealt with the Survey Results 3. Direct mail opportunities under investigation 4. Report to be sent to Forum and Progress Associations 5. Report to be sent to staff through Staff Newsletter. |
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Transfer of Extractive Industry Work Authority 728 from Buloke Shire Council ("Todd's Pit")
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1. Council, having determined it has no requirement for the Extractive Industry Work Authority Permit 728 (“the Work Authority”) for the land referred to as “Todd’s Pit”, agree to enter into negotiations to transfer the Work Authority to Active Excavations. 2. If agreement can be reached with Active Excavations Council complete the transfer of extractive industry Work Authority 728 in the manner and form required by the Department of Environment and Primary Industries (“DEPI”). 3. Active Excavations be advised in writing that a condition of the Transfer will be for them to agree to all conditions of the current Work Authority and any additional and ancillary requirements of DEPI which are necessary to facilitate and complete the Transfer. 4. Council liaise with Active Excavations as necessary to facilitate and complete the Transfer, including the obtaining of signatures and consents. 5. Subject to advice from Council’s legal representatives, Council enter into an agreement(s) with the landowners, John and Ellen White, for the purposes of Section 77I(6) of the Mineral Resources (Sustainable Development) Act 1990 (Vic) and other relevant sections. The nature and content of that agreement is to be negotiated. 6. Council discuss with its legal representatives the requirement for any additional commercial agreements to be executed in relation to the Transfer and undertake same as required, including in relation to addressing matters relating to due diligence and disclosure. 7. Council investigate the possibility of entering into a sub-contracting agreement with the proposed incoming Licensee, pending the transfer of the Work Authority and its approval by the Minister.
That Council note the following: 8. Active Excavations have submitted a written proposal, dated 30 May 2013, stating they wish to enter into a sub-contracting agreement with Council for the extraction of Gravel under Work Authority 728 and in relation to which: (a) Recommendation 8 relates only to Council pursuing the possibility of entering into the agreement proposed and is not an undertaking to enter into same. 9. Discussions have commenced with DEPI in relation to the process of undertaking a Rehabilitation Bond review of the site. |
1. Correspondence advising the Council decision sent to Active Excavations 2. Correspondence advising Council decision sent to land owner 3. Engineer with quarry experience engaged to undertake a review of Works Approval and prepare a ‘due diligence’ report for consideration by Council. 4. Engineers report received and reviewed. 5. Survey of site boundaries completed and received 6. Draft landowners agreement prepared, reviewed by Maddocks and sent to landowner for review and signature. 8. Engineer currently preparing operating agreement for transfer of mining rights 9. Discussion initiated with Maddocks to prepare draft agreements for both Permanent and Temporary Access., 10. Confirmation from Active Excavations of intention not to proceed with transfer of WA received. 11. DSDBI notified of Active Excavations intention not to proceed. 12. Confirming report to Council required. |
Ordinary Meeting 12 May 2013 |
Wooroonook Lake Committee of Management Responsibilities
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1. Council note the contents of the report and their obligations as the DSE appointed Land Manager and Transport Safety Victoria appointed Waterway Manager. 2. Council continue to work with Transport Safety Victoria and the Wooroonook Lake Foreshore Committee in improving the amenity at Wooroonook Lake with specific attention on compliance and risk management requirements. 3. Council prepare Waterway Rules in accord with the provisions of the Marine Safety Act 2010 for application at Wooroonook Lake. 4. Approve the installation of a floating pontoon on the north side of the Lake on the basis that risk signage is erected and risk mitigation works completed as approved by Council’s Risk Officer and Transport Safety Victoria to mitigate the risk of injury when using the pontoon.
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1. Waterways Rules being drafted 2. Report from Transport Safety Victoria received and currently being reviewed 3. Report to Council regarding Water Way rules and associated authorisations being prepared.. |
Ordinary Meeting 13 March 2013 |
Review of s86 Committees |
Council determine to transition all Committees established to assist with the care, maintenance and management of Council owned facilities and land, including land and facilities where Council is the appointed Committee of Management under the Crown Land Reserves Act, to Advisory Committees as set out in the Local Government Act 1989; 2. Recognising that transition of all current committees to Advisory Committee status will require working with existing committees, that this transition take place over the next 12 months; 3. Council write to all of the Committees identified in the Attachment to this report advising them of the intent to transition to Advisory Committee status and the reasons why this is considered to be important; 4. As part of the correspondence referred to in 3 above advise Committees of the support to be provided by Council in making the transition as set out in this report; and 5. The Chief Executive Officer report to Council on a quarterly basis of the progress being made in implementing this decision.
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1. Consultant and staff preparing committee manual and associated materials 2. Progress report submitted to July Ordinary Meeting 3. Development of Management Manual continuing |
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Impact of Flood Mitigation on Insurance |
Council write to the Insurance Council of Australia seeking clarification of their position on risk ratings, property cover and premium variations of insured properties within the protection of approved levee banks. |
Correspondence prepared and sent |
Ordinary Meeting 12 December 2012 |
Notice of Motion: Police Presence in Buloke
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1. Council write to Inspector Jamie Templeton seeking an urgent meeting in the New Year to further discuss ongoing concerns with Police presence and incident response times in Buloke. 2. The letter make specific reference to the violent incident that occurred in Watchem on 25 November 2012 and continuing problems with antisocial behaviours in Birchip and Charlton. 3. That a copy of the correspondence be sent to the Member for Swan Hill, Mr Peter Walsh MLA. |
Meeting date yet to be arranged. |
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Transfer of Service Approvals at the Wycheproof, Charlton and Sea Lake Kindergartens |
1. Authorise the Manager Community Services to commence the formal process required to facilitate the transfer of the Service Approval for both the Wycheproof and Charlton Kindergartens to the YMCA of Ballarat as the Approved Service Provider. 2. Authorise the Manager Community Services to commence the formal process required to facilitate the transfer of the Service Approval for the Sea Lake Kindergarten to Mallee Track Health and Community Service as the Approved Service Provider. 3. Continues to work with the individual Committees of Management and staff of the Wycheproof, Charlton, and Sea Lake Kindergartens to ensure a smooth transition of these Approved Services to the new Approved Service Providers. 4. Authorise the Manager Community Services to develop appropriate Facility Service Agreements with the YMCA of Ballarat and Mallee Track Health and Community Service to govern operational and maintenance responsibilities at all kindergartens located in the Buloke Shire. |
1. · Governance · Operations · Maintenance · Staff transfer arrangements · Occupancy arrangements for the respective Kindergartens that are subject to the transfer arrangement.
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Gilmour Road Land Transfer Agreement
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That the Council: · 1. Proceed with the exchange of land at the intersection of Gilmour Road and Swanwater North Road in lieu of the section of the road reserve provided by Gilmour’s to the Council on Plan of Subdivision 444992B. · 2. Transfer Crown Allotment 2002 PP2532 Parish of Donald [Volume 11025 Folio 502] to Mr CT & Mrs DJ Gilmour. · 3. Gilmour’s have agreed to purchase the property for $7,000 excluding GST as determined by Council’s appointed valuers A and L Harvey Valuation Services. · 4. Place Public notices in local newspapers including full details of the proposed purchaser, price to be paid for the land and intended use.
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1. Legal instrument prepared and sent to parties. 2. Advertising in accord with Local Government Act completed. No submissions received. 3. Solicitor arranging signing of documents. |
Audit Advisory Committee – Progress of Actions
ISSUE # |
DATE REFERENCE |
ACTIONS |
ACTION TAKEN |
RESPONSIBLE PERSON INCLUDING ANTICIPATED COMPLETION DATE |
1 |
Nov 2011 |
Internal Auditors to review compliance with the new financial management compliance framework and update schedule. |
Included in 2013-2105 Internal Audit Plan.
Project has been scoped. (Appendix 4 – Risk Review & Proposed Internal Audit Plan. |
Manager Finance: Completed |
2
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Nov 2011 |
Committee strongly recommends as a matter of urgency Buloke look at the quality of internal reporting. |
Financial reporting upgrades still in progress.
Quality of financial reporting has been improved.
Committee has endorsed improvements to date.
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Manager Finance: Improvements ongoing. |
3 |
May 2012
May 2013 |
The Committee requested an action plan be prepared based on the VAGO fraud audit report.
Committee is seeking more information on specific actions such as staff training, and policy and procedure reviews |
Action plan developed.
Progress against the Action Plan reported to each Audit Advisory Committee meeting.
Fraud awareness integrated into revised Induction Manual.
Specific fraud prevention training instigated.
Cash handling procedures reviewed |
Manager Finance: Completed
CEO: By 30 September 2013. |
4
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May 2012/May 2013
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Audit Committee Self Assessment to be an Agenda Item for next Committee meeting. |
Self assessment questionnaire distributed and completed by committee members.
Item to be included as an agenda item for November 2013 meeting. |
Manager Finance: 12 November 2013. |
5 |
Nov 2012/May 2013
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Committee to be updated on Project based accounting system being developed by Geoffrey Ballard for tracking major flood related road projects. |
System developed and implemented.
Committee to be forwarded
information and copy of reports for the November meeting. |
Manager Finance: 31 May 2013 |
6 |
Feb 2013/May 3103 |
The Committee suggested that the Risk Officer look at the Fraud Risk Register. Unfavourable comments put in brackets for comparison. |
Review ongoing. Risk consultant currently updating document for presentation to Audit Committee at November meeting. |
Risk Officer: 12 November 2013 |
7 |
May 2013 |
The Committee requested a quarterly breakdown of work to be performed under the internal audit plan. |
Update to be provided to committee at November meeting |
Manager Finance and Internal Auditor: 12 November 2013. |
8 |
May 2013 |
The Committee requested to see a calendarisation of the balance sheet. |
Work in progress calendarised cash flow first step in process along with calendarised capital works program |
Manager Finance: Ongoing |
9 |
May 2013 |
Risk Register - The Committee requested confirmation on the rating of high re: Legislative Requirements, RM30. |
For review at the September Committee meeting |
CEO: 31 August 2013 |
7. Financial
a) Management Reporting
Further revisions to the Monthly Reporting format are being discussed with Local Government Victoria Monitor.
b) Internal Audit Program
· Internal Audit Reports
o Draft Report on Budget Planning prepared
c) Contract C06 and C12 - NDRRA Flood Repair/Restoration
Acquittal of expenditure and grant funds received is continuing.
· A claim for the period January 2011 to end January 2012 has been lodged. .
· A claim, for the period February 2012 to end May 2012 has been lodged.
· A claim for the period June 2012 to December 2012 has been lodged.
· A claim for the period 1 January 2013 to 30 June 2013 has been lodged.
· A claim for the period 1 July to 30 September 2013 has been lodged.
· C06 Reporting
o Fortnightly Status Report from C12 Contractor posted to Councillor Information Board (Big Tin Can Hub)
o Draft revised report structure tabled for discussion and feedback
b) Staff
New Appointments
Pool Operators/Lifeguards – Adele Garwood; Luke Clark; Jake Sheridan; Paige Stephenson; Nicole Summerhayes; Erin Forster; Megan Berry; Jodie Bowles; Peta Cummins; Kelsey Hendy; Tessa Noone
Resignations/Departures
Nil
c) Major Projects (Projects with a value of over $100,000, projects carried over from previous year or projects of special interest)
i) Donald Storm Water Re-use System – Negotiation of end-user agreement
· Further discussion held with GWM Water 9 August 2013, Revised draft has been agreed.
ii) Charlton Recreation Reserve – Connection to AWB Dam
· Meeting with AWB held 27th March.
· Draft MoU prepared and currently being reviewed.
· Review of construction plans being undertaken to ensure there have been no new matters to be considered since the design was completed.
· Project remains within budget
iii) * Traveller’s Rest, Charlton – Manager’s Residence and Information Centre
· Further discussion with the Traveller’s Rest Committee regarding the scope and financing of the project concluded.
· Project to be split into two tenders – provision of Services and Construction of Residence/Information Centre
· Overall project costs remain a concern. Project may need to be re-scoped to meet Budget constraints.
· Tender documentation currently being reviewed. Tenders to be called in November.
iv) * Donald Family Services Centre
· Detailed project plan being prepared
· Project estimates remain current
· Soil contamination report received with no impact on the project.
· Final documentation received and being reviewed by staff. Likely to go to tender in November.
v) * Charlton Park Community Building
· EOI Process completed – 5 companies invited to tender
· Project Committee meetings continuing
· Estimated cost for preparation of drawings within Budget
· Quantity surveyor estimates have been obtained to guide overall project budget
· Tender evaluation completed, to be adopted at the November meeting.
vi) * Berriwillock Community Centre
· Construction timeframe has fallen 3 weeks behind schedule. Practical completion for CFA fire shed met.
· Practical completion of Community building meeting scheduled 18th September
· Meeting held with Community Centre Management Committee 2nd September
· Project remains within Budget.
· Builder working through list of defects
· Tentative date for practical completion 31st October
vii) Charlton Skate Park
· Design brief prepared and quotations to be sought
· Project to be designed to allocated budget.
viii) *Birchip Bowling Club – Artificial Green
· Discussion continuing with Birchip Bowling Club
· Design and construct specification in draft form.
· To be tendered in November
ix) Green Lake – Water Loss
· Green Lake Committee have advised the results of their further investigation of ground conditions. Results confirm the need for sealing of sections of the Lake.
· The Committee are liaising with DSE in regard to possible funding sources..
x) Charlton Swimming Pool – Pool liner and pipe-works.
· Preliminary designs reviewed and referred back for amendment
· Project likely to be tendered winter 2014
· Project remains within budget.
xi) *Sea Lake Pool – Pool Liner and Pipe-works
· Works completed and commissioned.
xii) Charlton Angling Club – Installation of Boat Ramp
· Permits have lapsed and new approvals are being sought
· Club has been unsuccessful with an application for funding for the Cultural Heritage Study (estimated cost $14,000)
· The Club has been advised that no exemption will be given in regard to the need to meet Cultural Heritage requirements.
· The project being reconsidered. .
xiii) Donald Airport – Power Upgrade
· Principal works completed
· Minor works by local electrician commenced.
· Project within budget.
xiv) *Donald Scout Hall/Angling Club
· Works on site continuing
· Project funding being managed external to Council. No Council contribution.
· Correspondence sent regarding management arrangements
xv) * Wycheproof Pool – Change Rooms (2014/15 Project)
· Funding application lodged. This project is unlikely to be successful.
· Sources of other funding being researched
xvi) Heavy Plant Replacement - Jetpatcher
· Jetpatcher delivered 18 September 2013 and set to work.
xvi) * Rupanyup Road – Re-sheet
· Works to be complete 1 November 2013
xvii) Charlton Flood Study – Levee Detailed Design
· Funding application submitted
xviii) Charlton Flood Study – St Arnaud Road Floodway
· Funding application lodged
xix) Donald Flood Study – Levee Detailed Design and First Stage Development
· Funding application lodged
]
d) Flood Update
i) General Update on Recovery Activities
· Community Events
o ‘Stories from the Flood’ publication proceeding.
· Rural Support
o Fire Shed schedule for 2013 has been distributed.
o ‘Farm Gate’ visits continuing.
· Wycheproof Community Flood Mapping Meeting – Meeting held on 24 April 2012. Feedback not yet received.
· * Culgoa Flood Study – Mallee CMA has held an initial meeting with the Culgoa community. Presentation to Council on 31 October
· Flood Preparedness Plans - Plans at pre-publication stage – hi-resolution photographs to be added..
ii) Community Recovery Committee Activities
· Charlton - Committee meeting as required
· Culgoa - Committee to meet as part of Culgoa Development Group meeting
· Donald - Committee meeting on an as needs basis
· Wycheproof - Meeting with NCCMA to undertake flood mapping held on 24 April 2012. No feedback yet received.
iii) Land Subject to Inundation (Charlton and Donald) – Amendment to Planning Scheme
· Amendment to be prepared by NCCMA and forwarded to Council for review prior to authorisation
· Council to seek authorisation and advertise
· NCCMA to convene Panel if required
· Current timetable is for the Amendment to be placed on exhibition in late January 2014
e) Council Policy and Strategy
i) Residential Land Study, Rural Living Review and Industrial Land Use Review – Ministerial authorisation to prepare an Amendment relating to Industrial Land following Council resolution at the April Ordinary Meeting received and Amendment on exhibition. Report to September or October Meeting.
ii) Domestic Waste Water Management Plan
· Project delayed until further resources available.
iii) Public Health Sub-Plan of the Municipal Emergency Management Plan (MEMP) – Consultant engaged to prepare the Plan in accord with Department of Health (DoH) requirements.
v) Pre-School Cluster Arrangements
· Discussion regarding transfer of Sea Lake operating licence to Mallee Track is continuing.
· Documentation sent to DEECD with a proposed commencement date of 31/1/2014.
· Meeting held with Preschool staff to discuss transition.
· 2014 enrolments advertised.
· Transfer of operating licence for Charlton and Wycheproof to YMCA completed. Draft MoU has been forwarded to the YMCA for final review prior to signing.
vi) * Municipal Flood Plan (MFP)
· Flood Safe Plans for Donald, Charlton, Wycheproof and Culgoa are to be developed.
· Initial Steering Committee meeting held 18th October 2013, with representatives from VICSES, VICPOL and Community Members. Subsequent meeting held 28th October 2013.
vii) Management Reviews
a. Road Maintenance Standards
Meetings of relevant staff are continuing.
b. Road Construction/Rehabilitation Decision Making Processes
Review has commenced using information and designs prepared as part of C06 as the base.
c. Economic Development – Review of Policies, Strategy and Approach
Draft Strategy completed and adopted
d. S186 Committees of Management – Review of Governance, Risk Management and Financial Arrangements
Progress reported to the July Ordinary Meeting
e. * Financial Sustainability and Affordability
· Meetings held with Monitor in September
· Information request received from Monitor and responded to
· KPMG.(Forensic Audit) have completed initial data collection and advised they will be returning in August 2013.
f. *Municipal Emergency Management Plan
· Meeting held with SES in July.
· Recruitment of Municipal Emergency Management Planning Officer proceeding
· Audit of Plan held on 18th October 2013, where there were a large number of non-conformances. A meeting set between Council staff, VICSES and VICPOL to rectify key issues.
g. Maintenance of Sporting Grounds and Reserves (Anthony Judd lead Manager)
· Progress report made to July Ordinary Meeting
· Development of Management Manual continuing
· Census of users/groups being considered.
h. HACC Program - Delivered Meals
Internal review has commenced and draft report provided to the CEO for comment.
i. Volunteer Support
· Presentation made to Council 11 June 2013.
· Final report and support materials being prepared.
j. * Road Management Plan
· Meeting held to review hierarchy.
k. Heavy Plant Maintenance
· Quarterly Meetings of Plant Group scheduled.
l. * Heavy Plant Replacement Program
· Review of the future of Long Haul Cartage Trucks is continuing.
· Draft Replacement Program developed.
m. *Municipal Public Health and Wellbeing Plan
· Review meetings held with stakeholders in June 2013
· Community Consultation Meetings held in Donald and Sea Lake
· Draft Plan submitted for review.
· To be adopted at November 2013 meeting
n. Aquatic Strategy
· Consultant appointed
· Consultation program commenced
· Work program being developed – anticipated completion March 2014
o. * VicRoads Agency Arrangements
· Correspondence sent to VicRoads
· Expressions of interest received from businesses/organisations in Wycheproof, Birchip, Charlton and Donald as a result of local press coverage
· Meeting to be arranged with VicRoads to determine process for dealing with possible transfer to other providers.
· Vic Roads has visited the 7 businesses that expressed an interest as well as made contact with a Sea Lake business.
p. * Local Government Performance reporting Framework
· Version 1.2 of the Framework released by Local Government Victoria
· Buloke participating as a pilot Council
· Briefing of internal stakeholders held in August
· Initial surveys being undertaken
· Stage one and two surveys completed.
· Awaiting further advice from the Department regarding the next phase of the pilot.
q. 2013 Walk to School Program
· Expressions of Interest sought from all schools in Buloke with responses received from just the two Sea Lake schools.
· Application for funding submitted to Vic Health.
· Advice received that the application was successful.
· Liaisons to take place with two Sea Lake schools during October to plan the program.
r. Wycheproof Child Care Program Sustainability
· YMCA, DEECD, BSC, staff and community Meeting held on 10/9/13 to discuss the ongoing viability of the childcare program in its current form.
· YMCA now researching alternative models of delivery with a focus on providing an integrated early childhood care and education service incorporating childcare and kindergarten program.
· Initial feed back at the meeting was positive but subsequent feedback indicates that there is little support for this concept from parents of kindergarten children.
f) State Government Matters
· VicRoads
Meeting held 12 April 2013. The following matters were discussed:
· Calder Highway, Dumosa - Truck Stop
· Design work for a toilet block has been completed and is likely to proceed in 2013/14 as a result of the Federal funding announcement.
· Installation of rubbish bins to be considered in conjunction with the toilet development.
· CFA Regional Officers have met with the Dumosa Brigade and advised the Dumosa Fire Shed will need to be relocated if the toilets proceed.
· Nullawil Toilets and Wayside Stop
· Remains a low priority by VicRoads
· Highest priority is for Rest Areas on the Calder Highway corridor.
· Intersection of Birchip/Nullawil Road and Calder Highway – Drainage Problems
· Full survey of site has been completed and asphalt works are to be undertaken as soon as practicable in conjunction with other works in the Shire
· Calder Highway, Sea Lake – Installation of Pedestrian Crossing
· Works to occur before December 2012 pending VicRoads sourcing an available contractor.
· Re-alignment Intersection Nullawil-South Road and Birchip-Nullawil Road to ‘T’ Intersection
· No funds available due to closure of the ‘Grey Spot Funding’ program.
· Calder Highway, Charlton – Truck Parking ‘Lizard’ Cafe
· VicRoads will continue to monitor truck parking arrangements. No simple solution.
· Borung Highway, Donald – Entrance to Donald Recreation Reserve
· Council and VicRoads to work together on realignment of the entrance in accord with the Donald Reserve Master Plan..
· Intersection Birchip-Wycheproof Road and Birchip-Dumosa Road
· No funds available due to closure of the ‘Grey Spot Funding’ program.
· Cumming Avenue, Birchip – Sand bag traffic island
· Sand bags to be removed and replaced by line marking
· Possible Grey Spot Funding Priorities (Works identified by Council)
· Intersection of Sunraysia Highway and Racecourse Road Donald (comes into HWY on dangerous angle)(Requires Traffic Islands)
· Intersection of Calder Highway and Patchewollock Sea Lake Road including width of the seal and alignment of the road (undulations) (comes into HWY on dangerous angle)
· Intersection of Birchip Sea Lake Road and Marlbed Curyo Road
(comes into Birchip Sea Lake Road on dangerous angle)
· Intersection of Sunraysia Highway and Birchip Rainbow Road (comes into Highway on dangerous angle) – VicRoads report one reported vehicle accident (2006).
· Intersection of Sunraysia Highway and Kinnabulla West Road (Tree Trimming)
· Intersection of Sunraysia Highway and Marlbed Road (Tree Trimming)
· Intersection of Calder Highway and Warne Road (comes into Highway on dangerous angle)
· Intersection of Calder Highway and Birchip Nullawil Road /Nullawil Quambatook Road (comes into Highway on dangerous angle)
· Intersection of Calder Highway and Berriwillock North Road (comes into Highway on dangerous angle)
· Intersection of Donald Swan Hill Road and Nullawil Quambatook Road (comes into Highway on dangerous angle)
· Intersection of Donald Swan Hill Road and Banyenong Jeffcott Road (comes into Donald Swan Hill Road on dangerous angle)
· Intersection of Donald Swan Hill Road and Corack Wycheproof Road (comes into Donald Swan Hill Road on dangerous angle)
· Intersection of Birchip Wycheproof Road and Dumosa Birchip Road (comes into Birchip Wycheproof Road on dangerous angle) VicRoads report one reported accident (2004).
· Intersection of Birchip Wycheproof Road and Nullawil Birchip Road (comes into Birchip Wycheproof Road on dangerous angle) VicRoads report one reported accident (2012).
· Intersection of Sunraysia Highway and Devon Park Road (comes into Highway on dangerous angle)
· Intersection of Sunraysia Highway and Swan Water North Road (comes into Highway on dangerous angle)
· Intersection of Boort Charlton Road and Borung Charlton Road (comes into Boort Charlton Road on dangerous angle)
· Intersection of Boort Charlton Road and Jeruk River Road (comes into Boort Charlton Road on dangerous angle)
· Culgoa-Watchupga Road Bridge
· VicRoads is to carry out independent inspection to confirm that the damage was a result of flood damage
· Onsite inspection of the intersection of the temporary bypass has been undertaken to address sight line and safety matters, including speed restrictions
· Town Entrance Signs
· Clarification sought on use of graphics on Town Entrance signs. VicRoads to provide advice.
· Charlton and Donald Flood Plans
· VicRoads confirmed they had received copies of the Plans and were currently reviewing the recommendations.
g) Federal Government Matters
i. Review of Status of Aerodromes – Discussion paper distributed. No follow-up action yet taken. Advice received from CASA of a change in requirements for small airports. Information still being reviewed.
h) Community Matters
a) Recreational Lakes
Wooroonook Lake
o Emergency Management Plan and operational plans for caravan and camping facilities are still being prepared.
o Staff have undertaken a further risk review in relation to signage and safety at the Lake in conjunction with Transport Safety Victoria. A number of recommendations have been made that are currently being assessed.
o * Funding application submitted for further signage at the Lake.
Green Lake
o Emergency Management Plan and operational plans for caravan and camping facilities are currently being prepared.
o Correspondence sent to Minister for Ports advising that Council wishes to resign as Waterway Manager and transfer this responsibility to DSE. Response received advising that current arrangements should remain in place until DoT can determine the administrative procedures. Transport Safety Victoria have advised they are currently investigating the need for Council to continue to be the nominated Waterway Manager
o Committee continuing with geotechnical assessment of measures required to prevent water loss.
Tchum Lake
o Lake Committee is continuing to seek funding for preparation of a Master Plan to facilitate the development of on-site accommodation.
o Committee has instigated discussion with staff regarding the location and construction of on-site accommodation (cabins)
o Emergency Management Plan and operational plans for caravan and camping facilities are currently being prepared.
o Review of Building Approvals for the ‘shelter’ has identified compliance problems. Action is being taken to address the identified problems. Inspection has identified that the Committee have made changes to the building which may require a Building permit. Discussion to be held with the Committee.
Watchem Lake
o Emergency Management Plan and operational plans for caravan and camping facilities are currently being prepared.
o Lake Committee seeking funding for removal of trees along the walking path from the town to the Lake and for upgrade of the walking track.
o Lake Committee seeking funding assistance to upgrade access road around the lake. Council resolved in December for staff to assist with seeking alternative quotations.
Folletti Caravan Park Lake
o Emergency Management Plan and operational plans for caravan and camping facilities are currently being prepared.
o Proposal for construction of new Scout Hall/Angling Club is proceeding. Scouts/Angling Club has sought quotes for construction of the building. Council will need to meet as the Committee of Management for the reserve to consider the project. Draft landscape plan received.
i) Vandalism
j) Other
a. Culgoa-Watchupga Road Bridge – Update – Warren Hemopo advised that VicRoads are likely to update Council on the funding for the bridge by Friday 1st November
b. Mayoral Election –To be held at the 13 November 2013 Ordinary Meeting.
c. Council Delegate List – Tabled for Council review/amendment. To be adopted by Council at the 13 November 2013 Ordinary Meeting.
d. Council Meeting Schedule 2014 – Draft Schedule tabled for Council review. To be adopted by Council at the 13 November 2013 Ordinary Meeting.
e. Donald Aerodrome – Request for Drag Races – Donald 2000 have written to Council requesting permission to hold drag races at the Donald Aerodrome. Further information is required before
f. Council Plan Update – Gaynor Doreian led the discussion on the feedback from the Council Plan consultation.
g. BandTogether – Support for Victoria Police Bands. The Mayor to send a letter to the Premier supporting the reinstatement of the bands
h. Other Business
Cr Tellefson led a discussion on the meeting with the Petitioners in Woods Street, Donald to increase pedestrian safety.
Cr McLean led a discussion on a push from some groups to turn off power in catastrophic (Code Red) days to reduce likelihood of fire from power lines.
Meeting closed: 8:50pm
14.3 Building Permits - Monthly Update
Author’s Title: Compliance Administration Officer
Department: Office of the CEO File No: DB/14/02
Nil |
That the Council note information contained in the report on Building Permits approved by staff from 1st October 2013 to 31st October 2013.
Seconded: Cr Graeme Milne Carried. |
1. Executive Summary
This report provides information on Building Permits approved by staff from 1st October 2013 to 31st October 2013.
2. List of Building Permits Approved by Council Surveyor
Permit No. |
Address |
Project Description |
Value |
Date Approved |
20130140 |
318 Borung Highway, CHARLTON |
Alteration: Internal alteration to dwelling & restump part of building |
$11,700 |
2/10/2013 |
20130141 |
82 Cumming Avenue, BIRCHIP |
New Building: Demolish existing shed & construct Shed |
$11,500 |
8/10/2013 |
20130142 |
5 View Street, CHARLTON |
New Building: Shed |
$13,300 |
8/10/2013 |
20130145 |
25 Morris Street, BERRIWILLOCK |
New Building: Detached Garage |
$11,000 |
11/10/2013 |
20130146 |
53-55 Cumming Avenue, BIRCHIP |
Alteration: Retail/Showroom |
$39,986 |
11/10/2013 |
20130147 |
17 Donald Street, CHARLTON |
New Building: Carport |
$4,000 |
16/10/2013 |
20130148 |
58 Woods Street, DONALD |
Demolition: Part of Shop |
$13,980 |
16/10/2013 |
20130150 |
1550 Watchem-Corack Road, CORACK |
New Building: Machinery/Farm Shed |
$47,417 |
21/10/2013 |
20130152 |
941 Gretgrix Road, TEDDYWADDY WEST |
Demolition: Dwelling |
$3,000 |
24/10/2013 |
20130153 |
Daniels Road, |
New Building: Dwelling |
$402,345 |
25/10/2013 |
3. List of Building Permits Approved by Private Surveyors
Permit No. |
Address |
Project Description |
Value |
Date Approved |
20130139 |
449 Broadway, WYCHEPROOF |
Other: Swimming Pool & Safety Barrier |
$28,715 |
6/09/2013 |
20130143 |
20 Clifton Street, CHARLTON |
New Building: Dwelling & Garage |
$380,260 |
4/10/2013 |
20130144 |
29 Corack Road, BIRCHIP |
Other: Swimming Pool & Safety Barrier |
$39,550 |
3/10/2013 |
20130149 |
19 Windsor Avenue, CHARLTON |
Re-stump- Dwelling |
$23,765.50 |
8/10/2013 |
20130151 |
44 Duncan Street, BIRCHIP |
New Building: Carport & Verandah |
$21,600 |
17/10/2013 |
14.4 Planning Applications Received - Monthly Update
Author’s Title: Acting Senior Planning Officer
Department: Office of the CEO File No: LP/09/01
Nil |
That the Council note information contained in the report on planning applications under consideration by staff and the status of each of these applications.
Seconded: Cr David Pollard Carried. |
1. Executive Summary
This report advises provides information on planning applications under consideration by staff and the status of each of these applications.
2. List of Planning Applications
Application No |
Applicant |
Address |
Date Rec |
Summary of Proposal |
Status |
PPA525/13 |
Hazkem Pty Ltd |
91-93 High Street, Charlton |
2/10/2013 |
New Gas Vessel |
Referral |
PPA526/13 |
Jacob Noonan |
76 Campbell Street, Birchip |
2/10/2013 |
Illuminated Signage |
Referral |
PPA527/13 |
Peter Clapham |
75 Best Street, Sea Lake |
9/10/2013 |
Building and Works to Repair Verandah |
Referral |
PPA528/13 |
Harberger Farm Supplies |
Racecourse Road, Donald |
2/10/2013 |
Works to construct new Weighbridge |
Referral |
PPA529/13 |
GR & BJ Smith |
Birchip-Corack Road, Birchip |
23/10/13 |
Construction of a new Shed |
Referral |
14.5 Planning Applications Approved By Acting Chief Executive Officer
Author’s Title: Governance Officer
Department: Office of the CEO File No: LP/10/01
Nil |
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. Seconded: Cr David Pollard Carried. |
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 |
1.10.13 |
524/13 |
B Durie |
Lot 8 PS 335008Q Pty No. 381 215 504
Known as 31 Milburns Road, Wycheproof
Works to construct a concrete base and installation of 8 x 55 tonne silos |
1.10.13 |
523/13 |
J D
Varghese
|
Lot 2 LP 129602, Pty No 231 202 601
Known as 53 – 55 Cumming Avenue, Birchip
Works to reconstruct shopfront facade |
6.11.13 |
521/13 |
Mr Dean
Robertson Horsham Vic 3402 |
Charlton – Wycheproof Road (Calder Highway)
Native Vegetation Removal |
6.11.13 |
520.13 |
Mr Dean
Robertson Horsham Vic 3402 |
Donald – St Arnaud Road (Sunraysia Highway)
Native Vegetation Removal |
3. Certificates of Compliance
Date |
Cert No. |
Applicant |
Address and Project |
Nil. |
|
|
|
4. Consultation (Internal/External)
Consultation with the respective community persons and relevant authorities has been undertaken as required by the Planning and Environment Act.
14.6 Road Opening Permits - Monthly Report
Author’s Title: Assets Engineer
Department: Office of the CEO File No: RO/14/01
Nil |
That the Council note information contained in the report on Road Opening Permits.
Seconded: Cr David Pollard Carried. |
1. Executive Summary
To provide Council information on Road Opening Permits approved or not approved by Council from 1 October 2013 to 31 October 2013.
2. List of Road Opening Permits Approved or Not Approved by Council
Road |
Requesting Authority |
Approved or |
Date |
20 Clifton Street, Charlton, VIC 3531 |
Peter and Kathy Rogan, P O Box 9 Charlton, VIC 3531 |
Approved |
24/10/2013 |
14.7 Letters of Congratulations and Recognition of Achievement/Awards
Author’s Title: Governance Officer
Department: Office of the CEO File No: CR/13/01
Nil |
That the Council acknowledge and congratulate the persons and/or groups mentioned in the report for their achievements.
Seconded: Cr David Pollard Carried. |
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 |
Royal Melbourne Show and Royal Easter Show in Sydney |
Colin and Tara Cox Family and Support Team for their Clydesdale Stud |
|
Extremely successful with their entries in the Clydesdale Sections of the Royal Melbourne Show, in particular winning the Supreme Champion Clydesdale Award with Valmont Ma Cherie. Valmont Ma Cherie also won Supreme Champion Clydesdale at Royal Easter Show in Sydney last year. |
Loddon Mallee Regional (LMR) Athletics - Bendigo |
Zac
Martin |
|
Qualified to compete at State Athletics as a result of coming 2nd in the 1500 Metre Event at Loddon Mallee Regional Athletics in Bendigo. |
Loddon Mallee Regional (LMR) Athletics - Bendigo |
Laura
McClelland |
|
Qualified to compete at State Athletics as a result of coming 1st in High Jump Event at Loddon Mallee Regional Athletics in Bendigo. |
Loddon Mallee Regional (LMR) Athletics - Bendigo |
Will
Simpson |
|
Qualified to compete at State Athletics as a result of coming 1st in 400 Metre Event at Loddon Mallee Regional Athletics in Bendigo. |
Provider |
Recipient |
Date |
Purpose for Recognition |
Foodworks Supermarket |
Adam
Louttit |
|
Winning the prestigious Penny Chambers Award for Young Employee of the Year. (Penny a former team member of Foodworks in Kinglake, tragically lost her life during the bush fires in 2009). Award recognises Adam’s vibrant community spirit, his passion about his work and customers, and his zest for life. (embodies attributes that Penny is fondly remembered for). |
Hobsons Bay City Council |
Cr Sandra Wilson |
8 Nov 2013 |
Elected as Mayor of Hobsons Bay City Council. |
Hobsons Bay City Council |
Cr Colleen Gates |
8 Nov 2013 |
Elected as Deputy Mayor of Hobsons Bay City Council. |
14.8 Local Law Permits - Monthly Report
Author’s Title: Compliance Officer - MFPO
Department: Office of the CEO File No: LA/16/02
Nil |
That the Council note information contained in the report on Local Laws Permits approved by staff.
Seconded: Cr Gail Sharp Carried. |
1. Executive Summary
To provide information on Local Laws Permits approved by staff from 1 October 2013 to 31 October 2013.
2. List of Local Laws Permits Approved by Compliance Team Leader
Permit No |
Address |
Permit |
Date Approved |
Expiry Date |
LL10/DK50/13 |
Shire Wide |
CFA Information Table |
8/10/13 |
29/9/13 |
LL10/DK51/13 |
Birchip |
Raffle |
8/10/13 |
25/10/13 |
LL10/DK52/13 |
Birchip |
Raffle |
8/10/13 |
19/12/13 |
LL10/DK53/13 |
Sea Lake |
Raffle |
8/10/13 |
11/10/13 |
LL10/DK54/13 |
Charlton |
Raffle |
9/10/13 |
16/11/13 |
LL10/SF33/13 |
Charlton |
Street Furniture |
9/10/13 |
30/6/14 |
LL10/SF34/13 |
Donald |
Street Furniture |
9/10/13 |
30/6/14 |
LL10/DK55/13 |
Charlton |
Raffle |
10/10/13 |
29/11/13 |
LL10/DK56/13 |
Shire Wide |
Doorknock appeal |
10/10/13 |
15/6/14 |
LL10/DK57/13 |
Birchip |
Raffle |
11/10/13 |
13/12/13 |
LL10/DK58/13 |
Wycheproof |
Raffle |
16/10/13 |
24/10/13 |
LL10/DK59/13 |
Wycheproof |
Raffle |
16/10/13 |
28/10/13 |
LL10/DK60/13 |
Charlton |
Raffle |
16/10/13 |
27/11/13 |
LL10/SF35/13 |
Charlton |
Street Furniture |
6/10/13 |
15/12/13 |
LL10/DK61/13 |
Wycheproof |
Raffle |
18/10/13 |
21/10/13 |
LL10/DK62/13 |
Charlton |
Fundraising |
21/10/13 |
8/11/13 |
LL10/DK63/13 |
Birchip |
Fundraising |
24/10/13 |
8/11/13 |
LL10/SF36/13 |
Charlton |
Street Furniture |
24/10/13 |
30/6/14 |
LL10/DK64/13 |
Birchip |
Raffle |
24/10/13 |
6/11/13 |
LL10/BSM05/13 |
Wycheproof |
Market |
25/10/13 |
3/11/13 |
14.9 Community Grants & Sponsorship Applications Approved By Chief Executive Officer
Author’s Title: Recreation Officer
Department: Assets and Infrastructure File No: GS/09/42
Nil |
That the Council note information contained in the report on the applications received under the Community Grants and Sponsorship Program that have been administered by the Community Development Officer and Recreation Officer and approved by the Chief Executive Officer under delegated authority.
Seconded: Cr Leo Tellefson Carried. |
1. Executive Summary
This report advises Council of the Community Grants and Sponsorship Program Applications that have been administered by the Community Development Officer and Recreation Officer and approved by the Chief Executive Officer under Council’s delegated authority.
2. List of Approved Community Grants and Sponsorship Applications
Date |
Applicant |
Address and Project |
Amount Approved |
25/09/2013 |
Charlton Rotary Club |
Charlton Arts Show |
$2,450 |
20/09/2013 |
Wycheproof Resource Centre |
Wycheproof Arts Show |
$2,450 |
17/10/2013 |
Mt. Wycheproof & District Racing Club |
Wycheproof Races 2013 |
$500 |
3. Consultation (Internal/External)
Consultation with the respective community persons and relevant authorities has been undertaken where required.
15. General Business
15.1.1 Procurement Policy - Annual Review November 2013
Author’s Title: Manager Procurement
Department: Office of the CEO File No: CS/14/03
1 ViewProcurement Policy Version 4 Amended 14 November 2012 2 ViewProcurement Policy Version 5 Draft - for Amendment Adoption 13 November 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: Ensure Council services comply with relevant legislation and regulation by providing ongoing staff training
That: 1. That the Council’s Procurement Policy FM1001 No 124 Version 5 (November 2013) be amended as proposed in this report. 2. That the amendments be incorporated into the Procurement Policy and the Policy be republished as the Buloke Shire Council Procurement Policy (Version 5 November 2013). 3. Note incorporation of ethics in the “Proposed Wording” – Clause 1.1 Background (dot point three) – amended to read “broad principles covering ethics, value for money, open and fair competition, responsibility and accountability, risk management, probity and transparency”.
Seconded: Cr Graeme Milne Carried. |
1. Executive Summary
This report proposes changes to Council’s Procurement Policy based on an internal review encompassing the Department of Planning and Community Development Victorian Local Government Best Practice Procurement Guidelines released in April 2013.
2. Discussion
Section 186A (7) of the Local Government Act stipulates that council must review their Procurement Policy at least once each financial year and may be amended as necessary.
The Victorian Local Government Best Practice Procurement Guidelines 3.11 Procurement Policy, details the following;
“3.11. Procurement Policy
2.11.1. General Principles
Publishing the council’s procurement policy assists in informing suppliers about council’s processes, increases confidence in the council’s procurement activities and thereby improves the relationship between council and their current and prospective suppliers. Publication can minimise negative perceptions and complaints, enhancing transparency and accountability in local government business”.
The review is necessary to ensure that there are effective controls in place to govern decision making, adherence to statutory requirements and that any new or revised provisions are addressed to eliminate potential risks and threats to the Council.
The current procurement Policy was last reviewed in November 2012.
The Senior Procurement Officer has undertaken a review of the Policy taking into account experiences with the current policy over the last twelve months and the Department of Planning and Community Development, Local Government Victoria, “Victorian Local Government Best Practice Procurement Guidelines”, released on 19 April 2013. A review of this document has been undertaken by the Senior Procurement Officer as part of the annual internal review process.
As a result of this review, the proposed amendments seek to align the wording and intent of the Procurement Policy with the Best Practice Guidelines. It is anticipated that the proposed amendments will enhance interpretation and application by stakeholders.
Amendments – Explanatory Notes
Number One - Clause 1.1 Background
The elements of best Practice within the Policy have been aligned with those defined as Best Practice Principles within the Victorian Local Government Best Practice Procurement Guidelines (Clause 2.2.)
Number Two - Clause 1.2 Scope
This amendment supplements the existing scope with the following inclusion, “to ensure that these are procured at a competitive rate and in a transparent manner”. This phrase is taken from 3.1 General Principles of the Victorian Local Government Best Practice Procurement Guidelines.
Number Three - Clause 1.5 Definitions and Abbreviations
Definitions and Abbreviations have been compared to the Appendix B: Glossary contained within the Victorian Local Government Best Practice Procurement Guidelines.
Purchase Order – is referenced within the Policy without a definition – 2.2.3 Methods.
EOI replace Registration of Interest (ROI) as stated in 2.2.3 Methods – this will align definition with Victorian Local Government Best Practice Procurement Guidelines April 2013 and standardise with Tendering & Contracts Manual.
Number Four – 2.2.3 Methods
The replacement of current wording Request for Information with Expression of Interest, will align current wording with the Best Practice Guidelines.
Number Five - 2.4.2 Delegations
2.4.2.1 Shire Staff
This amendment changes “Credit Card” purchases to align with 2.2.3 where the term “purchasing card” is utilised.
Number Six - 2.9 Endorsement
“General Manager level or above” has been replaced with “Chief Executive Officer”.
Number Seven - New Insertion 2.13 Grievances
To advise of the grievance process, specifically to differentiate this from a Request for Information or enquiry. The grievance insertion has been taken from the Best Practice Guidelines.
Number Eight - Legislation and other references
Inclusion and or replacement of updated Legislation and Documents
Proposed Policy Amendments
Number One
Clause 1.1 Background
Current Wording
Clause 1.1 Background
Buloke Shire Council:
Recognises that:
- Developing a procurement strategy and adopting appropriate best practice contracting and procurement principles, policies, processes and procedures for all goods, services and works by Shire, will enhance achievement of Shire objectives such as sustainable and socially responsible procurement; bottom-line cost savings, supporting local economies; achieving innovation; and better services for communities.
- The elements of best practice applicable to local government Procurement incorporate:
- broad principles covering ethics, value for money, responsibilities and accountabilities;
Proposed Wording ***(Refer Item 3 in Council resolution to amend dot point three in Clause 1.1 below.)
Clause 1.1 Background
Buloke Shire Council:
Recognises that:
- Developing a procurement strategy and adopting appropriate best practice contracting and procurement principles, policies, processes and procedures for all goods, services and works by Shire, will enhance achievement of Shire objectives such as sustainable and socially responsible procurement; bottom-line cost savings, supporting local economies; achieving innovation; and better services for communities.
- The elements of best practice applicable to local government Procurement incorporate:
- broad principles covering value for money, open and fair competition, responsibility and accountability, risk management, probity and transparency; ***
Number Two
Clause 1.2 Scope
Current Wording
This Procurement Policy is made under Section 186A of the Local Government Act 1989.
This section of the Act requires the Shire to prepare, approve and comply with a Procurement policy encompassing the principles, processes and procedures applied to all purchases of goods, services and works by the Shire.
This policy applies to all contracting and procurement activities at Shire and is binding upon Councillors, Shire Officers and temporary employees, contractors and consultants while engaged by the Shire.
Proposed Wording
Clause 1.2 Scope
- This Procurement Policy is made under Section 186A of the Local Government Act 1989.
- This section of the Act requires the Shire to prepare, approve and comply with a Procurement policy encompassing the principles, processes and procedures applied to all purchases of goods, services and works by the Shire to ensure that these are procured at a competitive rate and in a transparent manner.
- This policy applies to all contracting and procurement activities undertaken by the Shire and is binding upon Councillors, Shire Officers and temporary employees, contractors and consultants while engaged by the Shire.
Number Three
Clause 1.5 Definitions and Abbreviations
Term |
Definition |
Act |
Local Government Act 1989 |
Probity |
The dictionary definition of probity refers to uprightness, honesty, proper and ethical conduct and propriety in dealings. Within Government, the word “probity” is often used in a general sense to mean “good process”. A Procurement process that conforms to the expected standards of probity is one in which clear procedures that are consistent with the Shire’s policies and legislation are established, understood and followed from the outset. These procedures need to consider the legitimate interests of suppliers and ensure that all potential suppliers are treated equitably. |
Procurement |
Procurement is the whole process of acquisition of external goods, services and works. This process spans the whole life cycle from initial concept through to the end of the useful life of an asset (including disposal) or the end of a service contract.
|
Value for Money |
Value for Money in Procurement is about selecting the supply of goods, services and works taking into account both cost and non-cost factors including: · contribution to the advancement of the Shire’s priorities; · non-cost factors such as fitness for purpose, quality, service and support; and cost-related factors including whole-of-life costs and transaction costs associated with acquiring, using, holding, maintaining and disposing of the goods, services or works. |
Proposed Wording
Clause 1.5 Definitions and Abbreviations
Term |
Definition |
Act |
Local Government Act 1989 (as amended) |
Expression of Interest (EOI) New |
A response to an open approach to the market requesting submissions from bidders interested in participating in procurement. It is used to identify potential suppliers interested in, and capable of, delivering the required goods or services. Potential suppliers are asked to provide information on their capability to do the work. It is usually the first stage of a multi-stage tender process. |
Probity |
In the context of a procurement process probity is a defensible process which is able to withstand internal and external scrutiny – one which achieves both accountability and transparency, providing tenderers with fair and equitable treatment. |
Procurement |
Procurement is the whole process of acquisition of external goods, services and works. It can include planning, design, standards determination, specification writing, preparation of quotation and tender documentation, selection of suppliers, financing, contract administration, disposals, and other related functions. It also includes the organisational and governance frameworks that underpin the procurement function. |
Purchase Order New |
A form of contract, which is an official document used to authorise and record the purchase of goods or services by a buyer. It is the prime reference confirming the contractual situation between the buyer and supplier. |
Value for Money |
Value for Money in Procurement is about selecting the supply of goods, services and works taking into account both cost and non-cost factors including: · contribution to the advancement of the Shire’s priorities; · non-cost factors such as fitness for purpose, quality, risk, service and support; and cost-related factors including whole-of-life costs and transaction costs associated with acquiring, using, holding, maintaining and disposing of the goods, services or works. |
Number Four
1.2.3 Methods
Current Wording
The Shire’s standard methods for purchasing goods, services and works shall be by:
· purchasing card,
· purchase order following a quotation process,
· under contract following a tender process, or
· where the Shire is satisfied that Value for Money Requirements have been satisfied, under purchasing schemes including collaborative purchasing arrangements with other Shires and commercial schemes such as provided by Strategic Procurement and Supply Clusters of Australia;
unless other arrangements otherwise authorised by the Shire or the CEO on a needs basis as required by abnormal circumstances such as emergencies.
The Shire may, at its discretion and based on the complexity and cost of the project, conduct one stage or multi-stage tenders.
Typically a multi-stage tender process will commence with a registration of interest stage followed by a tender process involving the organisations selected as a consequence of the registration of interest stage.
Registrations of Interest (ROI) may be appropriate where:
· the requirement is complex, difficult to define, unknown or unclear,
· the requirement is capable of several technical solutions,
· the Shire wishes to consider ahead of formal tender processes such issues as whether those tendering possess the necessary technical, managerial and financial resources to successfully complete the project,
· tendering costs are likely to be high and Shire seeks to ensure that companies incapable of supplying the requirement don’t incur unnecessary expense,
· it is necessary to pre-qualify suppliers and goods to meet defined standards, and
· the requirement is generally known but there is still considerable analysis, evaluation and clarification required (both of the objective and the solution).
Additionally, for highly complex projects the Shire may run sequential tenders, the first to solicit solutions, the second to compete to provide the solution selected by Shire. Such sequential tenders may or may not be preceded by the registration of interest phase as required by the Shire based on the actual needs of the project.
Proposed Wording
2.2.3 Methods
The Shire’s standard methods for purchasing goods, services and works shall be by:
· purchasing card,
· purchase order following a quotation process,
· under contract following a tender process, or
· where the Shire is satisfied that Value for Money Requirements have been satisfied, under purchasing schemes including collaborative purchasing arrangements with other Shires and commercial schemes such as provided by Strategic Procurement and Supply Clusters of Australia;
unless other arrangements otherwise authorised by the Shire or the CEO on a needs basis as required by abnormal circumstances such as emergencies.
The Shire may, at its discretion and based on the complexity and cost of the project, conduct one stage or multi-stage tenders.
Typically a multi-stage tender process will commence with a Expression of Interest (EOI) stage followed by a tender process involving the organisations selected as a consequence of the Expression of Interest stage.
Expression of Interest (EOI) may be appropriate where:
· the requirement is complex, difficult to define, unknown or unclear,
· the requirement is capable of several technical solutions,
· the Shire wishes to consider ahead of formal tender processes such issues as whether those tendering possess the necessary technical, managerial and financial resources to successfully complete the project,
· tendering costs are likely to be high and Shire seeks to ensure that companies incapable of supplying the requirement don’t incur unnecessary expense,
· it is necessary to pre-qualify suppliers and goods to meet defined standards, and
· the requirement is generally known but there is still considerable analysis, evaluation and clarification required (both of the objective and the solution).
Additionally, for highly complex projects the Shire may run sequential tenders, the first to solicit solutions, the second to compete to provide the solution selected by Shire. Such sequential tenders may or may not be preceded by the Expression of Interest phase as required by the Shire based on the actual needs of the project.
Number Five
Current Wording
2.4.2 Delegations
2.4.2.1 Shire Staff
The Shire shall maintain a documented scheme of procurement delegations, identifying Shire Staff authorised to make such Procurement commitments in respect of goods, services and works on behalf of the Shire, to include but not necessary be limited to the following[i]:
· Acceptance of Quotations and Tenders (≥ $100,000) - CEO only
· Acceptance of tenders (≤ $50,000)
· Acceptance of quotes ($10,001 ≤ $50,000)
· Acceptance of quotes ($5,001 ≤ $10,000)
· Acceptance of quotes ($1,001 ≤ $5,000)
· Acceptance of quotes (≤ $1,000)
· Contract term extensions (within authorised budget)
· Contract amendment (non-financial)
· Contract amendment (financial)
· Appointment to register of pre-qualified suppliers
· Credit Card purchases
· Procedural exceptions
Proposed Wording
2.4.2 Delegations
2.4.2.1 Shire Staff
The Shire shall maintain a documented scheme of procurement delegations, identifying Shire Staff authorised to make such Procurement commitments in respect of goods, services and works on behalf of the Shire, to include but not necessary be limited to the following[ii]:
· Acceptance of Quotations and Tenders (≥ $100,000) - CEO only
· Acceptance of tenders (≤ $50,000)
· Acceptance of quotes ($10,001 ≤ $50,000)
· Acceptance of quotes ($5,001 ≤ $10,000)
· Acceptance of quotes ($1,001 ≤ $5,000)
· Acceptance of quotes (≤ $1,000)
· Contract term extensions (within authorised budget)
· Contract amendment (non-financial)
· Contract amendment (financial)
· Appointment to register of pre-qualified suppliers
· Purchasing Card purchases
· Procedural exceptions
Number Six
Current Wording
2.9 Endorsement
Shire Staff must not endorse any products or services. Individual requests received for endorsement must be referred to General Manager level or above.
Proposed Wording
2.9 Endorsement
Shire Staff must not endorse any products or services. Individual requests received for endorsement must be referred to the Chief Executive Officer.
Number Seven
New Insertion
2.13 Grievances
Council will ensure
fair, equitable and non-discriminatory complaints handling procedures that are well understood by all parties involved in a procurement process; and
effectively handle any complaints received in relation to a procurement process.
A complaint or grievance is a negative expression generally of resentment or faultfinding and is distinct from an enquiry or request for information.
Where a complaint is received, open communication will assist in resolving complaints to the satisfaction of the tenderer or supplier. If required, Council can consider appointing staff who are independent of a matter to investigate complaints.
Number Eight
Current Wording
Legislation and other references
Legislation
For further information related to this policy see:
· Local Government Act 1989
· Local Government (Financial Management) Regulations 1999
· National Competition Policy (Trade Practices Act).
· Local Government Procurement Best Practice Guidelines
Documents
This Policy is implemented in conjunction with the following documents:
· Current Australian Accounting Standards
· Buloke Shire Council Code of Conduct
Proposed Wording
Legislation and other references
Legislation
For further information related to this policy see:
· Local Government Act 1989
· Local Government (Financial Management) Regulations 1999
· National Competition Policy (Trade Practices Act).
Documents
This Policy is implemented in conjunction with the following documents:
· Current Australian Accounting Standards
· Local Government Procurement Best Practice Guideline 2013
· Buloke Shire Council Code of Conduct
· Buloke Shire Council Protected Disclosure Policy
· Buloke Shire Council Corporate Card Policy
· Buloke Shire Council Risk Policy
· Buloke Shire Council Fraud Prevention Policy
· Tendering & Contracts Manual
3. Financial Implications
The proposed recommendations will have minimal impact upon the current year or future year’s Operational Budget.
4. Community Consultation
The Procurement Policy is available via the website and a copy is available in each Council office. Revision of the policy has been undertaken in consideration of feedback received from suppliers during supplier visits and debriefs following procurement activities.
5. Internal Consultation
Internal consultation has been undertaken on an ongoing basis during the previous period. Areas requiring clarification have been included in this review.
6. Legislative / Policy Implications
The Procurement Policy has been reviewed against current legislation and reviewed Buloke Shire Council policies.
7. Environmental Sustainability
The proposed recommendations will minimal environmental impact for the Council and/or the Community.
8. Conflict of Interest Considerations
There are no Conflict of Interest Considerations regarding this Policy review.
9. Conclusion
The proposed recommendations will clarify and align existing policy with current legislation and guidelines from the Local Government Best Practice Guidelines.
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
7.1.1 Procurement Policy - Annual Review November 2013
Attachment 1 Procurement Policy Version 4 Amended 14 November 2012
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
7.1.1 Procurement Policy - Annual Review November 2013
Attachment 2 Procurement Policy Version 5 Draft - for Amendment Adoption 13 November 2013
PROCUREMENT POLICY (FM 1001)
No 124
Version No. 5
Date Approved By Council:
13 November 2013
Warwick Heine
Chief Executive Officer
Or Anthony Judd
Acting Chief Executive Officer
Buloke Shire Council
|
Policy Title |
Procurement Policy |
Policy No. |
FM 1001 |
|
Version No. |
5 |
1 Principles
1.1 Background
Buloke Shire Council:
· Recognises that:
o Developing a procurement strategy and adopting appropriate best practice contracting and procurement principles, policies, processes and procedures for all goods, services and works by Shire, will enhance achievement of Shire objectives such as sustainable and socially responsible procurement; bottom-line cost savings, supporting local economies; achieving innovation; and better services for communities.
o The elements of best practice applicable to local government Procurement incorporate:
§ broad principles covering ethics, value for money, responsibilities and accountabilities;
§ guidelines giving effect to those principles;
§ a system of delegations (i.e. the authorisation of officers to approve a range of functions in the Procurement process);
§ procurement processes, with appropriate procedures covering minor simple Procurement to high value complex Procurement; and
§ a professional approach to all major procurements.
§
· Requires that Shire’s contracting and purchasing activities:
o support the Shire’s corporate strategies, aims and objectives including, but not limited to those related to sustainability, protection of the environment, and corporate social responsibility;
o span the whole life cycle of an acquisition from initial concept to the end of the useful life of an asset, including its disposal, or the end of a service contract;
o achieve value for money and quality in the acquisition of goods, services and works by the Shire;
o can demonstrate that public money has been well spent;
o are conducted, and are seen to be conducted, in an impartial, fair and ethical manner;
o seek continual improvement including the embrace of innovative and technological initiatives such as electronic tendering processes to reduce activity cost while; and
o generate and support business in the local community.
1.2 Scope
This Procurement Policy is made under Section 186A of the Local Government Act 1989.
This section of the Act requires the Shire to prepare, approve and comply with a Procurement policy encompassing the principles, processes and procedures applied to all purchases of goods, services and works by the Shire to ensure that these are procured at a competitive rate and in a transparent manner.
This policy applies to all contracting and procurement activities at Shire and is binding upon Councillors, Shire Officers and temporary employees, contractors and consultants while engaged by the Shire.
1.3 Purpose
The purpose of this Policy is to:
· provide policy and guidance to the Shire to allow consistency and control over Procurement activities;
· demonstrate accountability to rate payers;
· provide guidance on ethical behaviour in public sector purchasing;
· demonstrate the application of elements of best practice in purchasing; and
· increase the probability of obtaining the right outcome when purchasing goods and services.
1.4 Treatment of GST
All monetary values stated in this policy include GST except, where specifically stated otherwise.
1.5 Definitions and Abbreviations
Term |
Definition |
Act |
Local Government Act 1989 |
e-Procurement |
e-Procurement is integral to the overall development of procurement processes and involves the use of an electronic system/s to acquire and pay for supplies, services and works.
|
Commercial in Confidence |
Information that, if released, may prejudice the business dealings of a party e.g., prices, discounts, rebates, profits, methodologies and process information. |
Contract Management |
The process that ensures both parties to a contract fully meet their respective obligations as efficiently and effectively as possible, in order to deliver the business and operational objectives required from the contract and in particular, to provide value for money. |
Shire Staff
|
Includes full time and part-time Shire officers, and temporary employees, contractors and consultants while engaged by the Shire. |
Probity |
The dictionary definition of probity refers to uprightness, honesty, proper and ethical conduct and propriety in dealings. Within Government, the word "probity" is often used in a general sense to mean "good process." A Procurement process that conforms to the expected standards of probity is one in which clear procedures that are consistent with the Shire’s policies and legislation are established, understood and followed from the outset. These procedures need to consider the legitimate interests of suppliers and ensure that all potential suppliers are treated equitably. |
Standing Offer Arrangements (SOA)
|
A contract that sets out rates for goods and services which are available for the term of the agreement. However, no commitment is made under the agreement to purchase a specified value or quantity of goods or services |
Sustainability
|
Activities that meet the needs of the present without compromising the ability of future generations to meet their needs. |
Procurement |
Procurement is the whole process of acquisition of external goods, services and works. This process spans the whole life cycle from initial concept through to the end of the useful life of an asset (including disposal) or the end of a service contract.
|
Tender Process |
The process of inviting parties to submit a quotation by tender using public advertisement, followed by evaluation of submissions and selection of a successful bidder or tenderer.
|
Value for Money |
Value for Money in Procurement is about selecting the supply of goods, services and works taking into account both cost and non-cost factors including: · contribution to the advancement of the Shire’s priorities; · non-cost factors such as fitness for purpose, quality, service and support; and · cost-related factors including whole-of-life costs and transaction costs associated with acquiring, using, holding, maintaining and disposing of the goods, services or works. |
2 Effective Legislative and Policy Compliance and Control
2.1 Ethics and Probity
2.1.1 Requirement
The Shire’s procurement activities shall be performed with unquestionable integrity and in a manner able to withstand the closest possible scrutiny.
2.1.2 Conduct of Councillors and Shire Staff
2.1.2.1 General
Councillors and Shire Staff shall at all times conduct themselves in ways that are, and are seen to be, ethical and of the highest integrity and will:
· treat potential and existing suppliers with equality and fairness;
· not seek or receive personal gain;
· maintain confidentiality of Commercial in Confidence such as contract prices and other sensitive information;
· present the highest standards of professionalism and probity;
· deal with suppliers in an honest and impartial manner that does not allow conflicts of interest;
· provide all suppliers and tenderers with the same information and equal opportunity; and
· be able to account for all decisions and provide feedback on them.
Shire Staff responsible for managing or supervising contracts are prohibited from performing any works under the contract they are supervising.
2.1.2.2 Members of Professional Bodies
Councillors and Shire Staff belonging to professional organisations shall, in addition to the obligations detailed in this policy, ensure that they adhere to any code of ethics or professional standards required by that body.
2.1.3 Tender Processes
All tender processes shall be conducted in accordance with the requirements of this policy and any associated procedures, relevant legislation, relevant Australian Standards and the Act.
2.1.4 Conflict of Interest
Councillors and Shire Staff shall at all times avoid situations in which private interests conflict, or might reasonably be thought to conflict, or have the potential to conflict, with their Shire duties.
Councillors and Shire Staff must not participate in any action or matter associated with the arrangement of a contract or purchase (i.e. evaluation, negotiation, recommendation, or approval), where that person or any member of their immediate family has a significant interest, or holds a position of influence or power in a business undertaking tendering for the work.
The onus is on the Councillor and the member of Shire Staff involved being alert to and promptly declaring an actual or potential conflict of interest to Shire. Where a Councillor or Shire Staff member has a potential or actual conflict of interest, they are required to complete a declaration statement.
2.1.5 Fair and Honest Dealing
All prospective contractors and suppliers must be afforded an equal opportunity to tender or quote.
Impartiality must be maintained in selecting contractors and suppliers so that no action is taken that could evoke criticism of the Shire.
The commercial interests of existing and potential suppliers must be protected.
Confidentiality of information provided by existing and prospective suppliers must be maintained at all times, particularly commercially sensitive material such as, but not limited to prices, discounts, rebates, profit, manufacturing and product information.
2.1.6 Accountability and Transparency
Accountability in procurement means being able to explain and evidence what has happened. The test of accountability is that an independent third party must be able to see clearly that a process has been followed and that the process is fair and reasonable.
Therefore the processes by which all procurement activities are conducted will be in accordance with the Shire’s Procurement policies and procedures as set out in this policy and related Shire policies and procedures.
Additionally:
· all Shire Staff must be able to account for all Procurement decisions made over the lifecycle of all goods, services and works purchased by the Shire and provide feedback on them; and
· all procurement activities are to leave an audit trail for monitoring and reporting purposes.
2.1.7 Gifts and Hospitality
No Councillor or member of Shire Staff shall, either directly or indirectly solicit or accept gifts or presents from any member of the public who is involved, either directly or indirectly, with any matter that is connected with the duties of the officer, or in which the Shire is interested.
Councillors and Shire Staff must exercise the utmost discretion in accepting hospitality from contractors or their representatives, or from organisations, firms or individuals with whom they have official dealings. Councillors and Shire Staff should also avoid the ambiguous situation created by visiting the premises of a contractor, organisation, firm or individual uninvited and/or not on official business.
Offers of bribes, commissions or other irregular approaches from organisations or individuals (no matter how flimsy the evidence available), must be promptly brought to the attention of the CEO.
2.1.8 Disclosure of Information
Commercial in-confidence information received by the Council must not be disclosed and is to be stored in a secure location.
Councillors and Council staff are to protect, by refusing to release or discuss the following:
· Allocated Council budgets for proposed tenders;
· information disclosed by organisations in tenders, quotation or during tender negotiations;
· all information that is Commercial in Confidence information; and
· pre-contract information including but not limited to information provided in quotes and tenders or subsequently provided in pre-contract negotiations.
Discussion with potential suppliers during tender evaluations should not go beyond the extent necessary to resolve doubt on what is being offered by that supplier. At no stage should any discussion be entered into which could have potential contractual implications prior to the contract approval process being finalised.
2.2 Governance
2.2.1 Structure
The Shire shall:
· establish a procurement management responsibility structure and delegations ensuring accountability, traceability and auditability of all Procurement decisions made over the lifecycle of all goods, services and works purchased by the Shire;
· ensure that the Shires Procurement structure:
o is flexible enough to purchase in a timely manner the diverse range of material, goods, works and services required by Shire;
o ensures that prospective contractors and suppliers are afforded an equal opportunity to tender/quote;
o encourages competition; and
o ensures that policies that impinge on the purchasing policies and practices are communicated and implemented.
2.2.2 Standards
The Council’s procurement activities shall be carried out to the professional standards required by best practice and in compliance with:
· The Act,
· The Council’s policies,
· The Council’s Code of Conduct,
· Local Government Procurement Best Practice Procurement Guidelines
· Other relevant legislative requirements such as but not limited to the Trade Practices Act, Goods Act and the Environmental Protection Act.
2.2.3 Methods
The Shire’s standard methods for purchasing goods, services and works shall be by:
· purchasing card,
· purchase order following a quotation process,
· under contract following a tender process, or
· where the Shire is satisfied that Value for Money Requirements have been satisfied, under purchasing schemes including collaborative purchasing arrangements with other Shires and commercial schemes such as provided by Strategic Procurement and Supply Clusters of Australia;
unless other arrangements otherwise authorised by the Shire or the CEO on a needs basis as required by abnormal circumstances such as emergencies.
The Shire may, at its discretion and based on the complexity and cost of the project, conduct one stage or multi-stage tenders.
Typically a multi-stage tender process will commence with an expression of interest stage followed by a tender process involving the organisations selected as a consequence of the expression of interest stage.
Expressions of Interest (EOI) may be appropriate where:
· the requirement is complex, difficult to define, unknown or unclear,
· the requirement is capable of several technical solutions,
· the Shire wishes to consider ahead of formal tender processes such issues as whether those tendering possess the necessary technical, managerial and financial resources to successfully complete the project,
· tendering costs are likely to be high and Shire seeks to ensure that companies incapable of supplying the requirement don’t incur unnecessary expense,
· it is necessary to pre-qualify suppliers and goods to meet defined standards, and
· the requirement is generally known but there is still considerable analysis, evaluation and clarification required (both of the objective and the solution).
Additionally, for highly complex projects the Shire may run sequential tenders, the first to solicit solutions, the second to compete to provide the solution selected by Shire. Such sequential tenders may or may not be preceded by the registration of interest phase as required by the Shire based on the actual needs of the project.
2.2.4 Responsible Financial Management
The principle of responsible financial management shall be applied to all procurement activities. Accordingly, to give effect to this principle, the availability of existing funds within an approved budget, or source of funds, shall be established prior to the commencement of any procurement action for the supply of goods, services or works.
Council staff must not authorise the expenditure of funds in excess of their financial delegations. Council staff must not disclose allocated tender budgets to suppliers.
Council funds must be used efficiently and effectively to procure goods, services and works and every attempt must be made to contain the costs of the procurement process without compromising any of the procurement principles set out in this Policy.
2.3 Procurement Thresholds and Competition
2.3.1 Requirement
The Shire will from time to time decide and publish in this policy clear guidelines for minimum spend competition thresholds. These will be decided by the Shire based on the size and complexity of the proposed Procurement activities.
Council procurement processes are based on a number of principles:
· Best Value
The benefits of the purchase are weighted against the costs necessary for the optimum result for the Council and local community. The Council is not required to accept the lowest tender. Instead, the Council is required to take into account issues of quality, cost, the accessibility of the service and other factors relevant to both the overall objectives of the Local Government Act.
Best value is often mistaken for meaning the lowest price, however, in terms of the contracting process, best value requires us to balance quality and price with as much transparency as is reasonably achievable. In this context price should take into account the whole life cost of the provision so far as is practicable. It follows that the delivery of Best value is dependent upon Council priorities.
Achieving best value also requires challenging the need for the procurement and the way in which the service may be reconfigured to achieve improvements in service delivery, comparing service provision options against all those available, consulting with key stakeholders and ensuring competition in the open market.
Achieving best value for money must be the basis of all procurement decisions within the Council.
· Open and Fair Competition
All suppliers are treated fairly in an open and transparent manner and have access to the same information.
· Accountability
The Council maintains consistency in the approach to procurement across the whole organisation through coherent frameworks, policies and procedures. Accountability in procurement means being able to explain and provide evidence on the process followed. The test of accountability is that an independent third party must be able to see clearly that a process has been followed and that the process is fair and reasonable.
Therefore the processes by which all procurement activities are conducted will be in accordance with the Council’s procurement policies and procedures as set out in this policy and related, relevant Council policies and procedures.
Additionally:
o all Council staff must be able to account for all procurement decisions made over the lifecycle of all goods, services and works purchased by the Council and provide feedback on them; and
o all procurement activities are to provide for an audit trail for monitoring and reporting purposes.
· Risk Management
Strategies for managing risks associated with all procurement processes are in place and consistent.
· Probity and Transparency
All Council procurement processes must be conducted in a fair, honest and open manner, with the highest levels of integrity and in the public interest
2.3.2 Minimum Spend Competition Thresholds
2.3.2.1 Tenders
Purchase of all goods, services and works for which the estimated expenditure exceeds $100,000 must be undertaken by public tender.
However, should the CEO consider that the nature of the requirement and the characteristics of the market are such that the public tender process would lead to a better result for the Shire, public tenders may be called for purchase of goods, services and works for which the estimated expenditure is $100,000 or less.
2.3.2.2 Quotations
Purchase
of goods, services and works having a total valuation of $100,000 or less may
be undertaken using the Procurement by quotation method as described below:
· Items with a value up to $5,000.
A minimum of one telephone or email quotation must be obtained and the details recorded before placing an order (similar details must be recorded where more than one supplier has quoted).
Quotations returned by the nominated closing date must be evaluated and a recommendation made in favour of the supplier offering the best value weighted against the costs necessary for the optimum result for the Council and local community as detailed in Clause 2.3.1. This is to include application of the applicable Clause 3.6.1. Purchasing Preference.
· Items with a value $5,001 to $10,000.
A minimum of three telephone or email quotations must be sought.
The order must be placed with the supplier offering the lowest price for acceptable goods or services.
Details of the suppliers contacted and their quotations must be recorded on at least a simple spreadsheet.
Quotations returned by the nominated closing date must be evaluated and a recommendation made in favour of the supplier offering the best value weighted against the costs necessary for the optimum result for the Council and local community as detailed in Clause 2.3.1. This is to include application of the applicable Clause 3.6.1. Purchasing Preference.
· Items with a value $10,001 to $15,000.
A minimum of 3 telephone or email quotations must be sought.
Quotations returned by the nominated closing date must be evaluated and a recommendation made in favour of the supplier offering the best value weighted against the costs necessary for the optimum result for the Council and local community as detailed in Clause 2.3.1. This is to include application of the applicable Clause 3.6.1. Purchasing Preference
The acceptable quotation must be confirmed by the supplier on company letterhead and the order placed with that firm.
Details of the suppliers contacted and their quotations must be recorded on at least a simple spreadsheet.
· Items with a value $15,001 to $100,000.
A minimum of 3 written or email quotations must be sought by the direct issue of a written Request for Quotation; advertising is not required.
Quotations returned by the nominated closing date must be evaluated and a recommendation made in favour of the supplier offering the best value weighted against the costs necessary for the optimum result for the Council and local community as detailed in Clause 2.3.1. This is to include application of the applicable Clause 3.6.1. Purchasing Preference
The original supplier’s quotations must be maintained in the contract file.
· Advertising.
Quotations may be advertised at the Shire Staff member’s discretion. This may occur when a field of potential tenderers hasn’t been established, or an innovative approach is required, or the project has broad appeal that may attract keen prices, etc.
· Insufficient quotations.
The situation may arise where insufficient quotations are received to satisfy the above requirements.
This may occasionally occur where there are few local suppliers for the goods, services or works being sought or the work is highly specialised. In this case, the details of the contacted suppliers must be recorded on the spreadsheet or recommendation and an appropriate comment recorded.
2.4 Delegation of Authority
2.4.1 Requirement
Delegations define the limitations within which Shire Staff are permitted to work. Delegation of procurement authority allows specified Shire Staff to approve certain purchases, quotation, tender and contractual processes without prior referral to the Shire. This enables the Shire to conduct procurement activities in an efficient and timely manner whilst maintaining transparency and integrity.
Procurement delegations ensure accountability and provide confidence to Shire and the public that purchasing activities are dealt with at the appropriate level.
As such, the Shire has delegated responsibilities as detailed below relating to the expenditure of funds for the purchase of goods, services and works, the acceptance of quotes and tenders and for Contract Management activities.
2.4.2 Delegations
2.4.2.1 Shire Staff
The Shire shall maintain a documented scheme of procurement delegations, identifying Shire Staff authorised to make such Procurement commitments in respect of goods, services and works on behalf of the Shire, to include but not necessary be limited to the following[iii]:
· Acceptance of Quotations and Tenders (≥ $100,000) - CEO only
· Acceptance of tenders (≤ $50,000)
· Acceptance of quotes ($10,001 ≤ $50,000)
· Acceptance of quotes ($5,001 ≤ $10,000)
· Acceptance of quotes ($1,001 ≤ $5,000)
· Acceptance of quotes (≤ $1,000)
· Contract term extensions (within authorised budget)
· Contract amendment (non-financial)
· Contract amendment (financial)
· Appointment to register of pre-qualified suppliers
· Credit Card purchases
· Procedural exceptions
2.4.2.2 Delegations Reserved for the Shire
The following processes and commitments must be approved by the Shire:
· Initial signing and sealing of contract documents.
· Tender recommendations and all expenditure over $100,000 in value.
· Contract term extensions (requiring additional budget).
2.5 Internal Controls
The Shire will install and maintain a framework of internal controls over procurement processes that will ensure:
· more than one person is involved in and responsible for a transaction end to end;
· transparency in the procurement process;
· a clearly documented audit trail exists for procurement activities;
· appropriate authorisations are obtained and documented; and
· systems are in place for appropriate monitoring and performance measurement.
2.6 Commercial Information
Procurement activities will be carried out in a way that supports Shire staff in meeting their obligations - to ensure information of a commercially sensitive or confidential nature is obtained, stored, processed, published (where applicable) in an appropriate manner in accordance with the relevant Shire guidelines.
2.7 Risk Management
2.7.1 General
Risk Management is to be appropriately applied at all stages of Procurement activities which will be properly planned and carried out in a manner that will protect and enhance the Shires capability to prevent, withstand and recover from interruption to the supply of goods services and works.
2.7.2 Supply by Contract
The provision of goods, services and works by contract potentially exposes the Shire to risk.
The Shire will minimise its
risk exposure by measures such as:
· standardising contracts to include current, relevant clauses;
· requiring security deposits where appropriate;
· referring specifications to relevant experts;
· requiring contractual agreement before allowing the commencement of work;
· use of or reference to relevant Australian Standards (or equivalent); and
· effectively managing the contract including monitoring and enforcing performance.
2.8 Contract Terms
All contractual relationships must be documented in writing based on standard terms and conditions.
Where this is not possible, approval must be sought from by the appropriate member of Shire Staff listed in the Delegations section or above. A request for such an approval should be supported with procurement and legal advice as relevant.
To protect the best interests of the Shire, terms and conditions must be settled in advance of any commitment being made with a supplier. Any exceptions to doing this expose the Shire to risk and thus must be authorised by the appropriate member of Shire staff listed in the Delegations section above.
2.9 Endorsement
Shire Staff must not endorse any products or services. Individual requests received for endorsement must be referred to General Manager level or above.
2.10 Dispute Resolution
All Shire contracts shall incorporate dispute management and alternative dispute resolution provisions to minimise the chance of disputes getting out of hand and leading to legal action.
2.11 Contract Management
The purpose of contract management is to ensure that the Shire, and where applicable its clients, receive the goods, services or works provided to the required standards of quality and quantity as intended by the contract by:
· establishing a system reinforcing the performance of both parties’ responsibilities and obligations under the contract; and
· providing a means for the early recognition of issues and performance problems and the identification of solutions.
All Shire contracts are to include contract management requirements. Furthermore, contracts are to proactively managed by the member of Shire staff responsible for the delivery of the contracted goods, services or works to ensure the Shire receives Value for Money.
2.12 e-Procurement
e-Procurement is integral to the overall development of procurement processes and involves the use of an electronic system/s to acquire and pay for supplies, services` and works.
By utilising e-procurement the Council aim to:
· reduce transaction costs
· achieve greater leverage
· make processes more efficient;
· improve management information and visibility of spend;
· increasing control and consistency of processes, and
· improve spend compliance.
2.13 Grievances
Council will ensure
· fair, equitable and non-discriminatory complaints handling procedures that are well understood by all parties involved in a procurement process; and
· effectively handle any complaints received in relation to a procurement process.
A complaint or grievance is a negative expression generally of resentment or faultfinding and is distinct from an enquiry or request for information.
Where a complaint is received, open communication will assist in resolving complaints to the satisfaction of the tenderer or supplier. If required, Council can consider appointing staff who are independent of a matter to investigate complaints.
3 Demonstrate Sustained Value
3.1 Integration with Shire Strategy
The Shire procurement strategy shall support its corporate strategy, aims and objectives, including but not limited to those related to sustainability, protection of the environment, corporate social responsibility and meeting the needs of the local community such as:
· feeling safe,
· living in a clean and pleasant environment, and
· receiving good quality well managed Shire services that are Value for Money
3.2 Achieving Value for Money
3.2.1 Requirement
The Shire’s procurement activities will be carried out on the basis of obtaining Value for Money.
This means minimising the total cost of ownership over the lifetime of the requirement consistent with acceptable quality, reliability and delivery considerations.
3.2.2 Approach
This will be facilitated by:
· developing, implementing and managing procurement strategies that support the co-ordination and streamlining of activities throughout;
· effective use of competition;
· using aggregated contracts and SOA where appropriate;
· identifying and rectifying inefficiencies in procurement processes;
· developing a more cost efficient tender process including appropriate use of e-solutions;
· Shire staff responsible for providing procurement services or assistance within the Shire providing competent advice in terms of available products and agreements; and
· working with suppliers to create relationships that are professional and productive, and are appropriate to the value and importance of the goods, services and works being acquired.
3.2.3 Role of Specifications
Specifications used in quotations, tenders and contracts are to support and contribute to the Shire’s Value for Money objectives through being written in a manner that:
· ensures impartiality and objectivity;
· encourages the use of standard products;
· encourages sustainability;
· eliminates unnecessarily stringent requirements; and
· wherever possible specifies technical standards and requirements that are within the capabilities of local suppliers.
3.3 Performance Measure and Continuous Improvement
Procurement will establish and put in place appropriate performance measures. Reporting systems will be used to monitor performance against metrics and compliance with procurement policies, procedures and controls.
Procurement procedures, practices and costs will be benchmarked externally. Internal service standards will be agreed within the Shire and performance against these targets will be measured and reviewed regularly to support continuous improvement.
Procurement will use the performance measurements developed to:
· Highlight trend and exceptions where necessary to enhance performance.
· Improve the internal efficiency of the procurement process and where relevant the performance of suppliers
· Facilitate relevant programmes to drive improvement in procurement to eliminate waste and inefficiencies across key spend categories.
3.4 Sustainability
3.4.1 General
The Shire is committed to achieving sustainability and ensuring it monitors and reports on Shire activities and programs that have an impact on or contribute to the environment including but not limited to:
· waste management,
· recycling,
· energy management,
· emission management,
· water conservation,
· green building design, and
· procurement.
3.4.2 Sustainable Procurement
The Shire is committed to adopting a Green Procurement approach by supporting the principles of sustainable Procurement within the context of purchasing on a Value for Money basis.
Value for Money purchasing decisions made by the Shire are made on the basis of cost and non cost factors including contribution to the Shire’s sustainability objectives.
The Shire will therefore:
· Reduce, Reuse, and Recycle
The Shire is committed to reduce resources, consumption and minimise waste
during the procurement life cycle including:
o The Shire shall encourage and prefer Eco-friendly products which are more power efficient.
o The Shire shall prefer to purchase from a source which is less polluting or uses clean technology
o The Shire’s procurement projects should automatically consider the provision of re-use and recycling as part of the project planning process, including the consideration of whole-life costs and disposal considerations.
· Buy Recycled:
The Shire is committed to buy recycled/part recycled products to optimise consumption and stimulate demand for recycled products, promoting the collection and reprocessing of waste and working towards zero discharge to the landfill.
· Green the Supply Chain:
The Shire shall encourage Shire suppliers to adopt good environmental practices. The Shire will actively promote green procurement throughout its supply chain and ensure selection which has minimum environmental impact.
3.5 Diversity
Promoting equality through procurement can improve competition, Value for Money, the quality of public services, satisfaction among users, and community relations. It should be a consideration in every procurement project and reflect corporate commitment to diversity and equal opportunities wherever possible.
3.6 Support of Local Business
3.6.1 Purchasing Preference
All other factors being equal, Council shall have regard to the following preferences to local business when sourcing products, services or works;
· For purchases up to $5,000 (including GST) with local content a 10% price preference will be allowed to local suppliers to promote the local economy and to assist in sustaining local enterprises.
· For purchases from $5,000 to $15,000 (including GST) with local content a 5% price preference will be allowed to local suppliers to promote the local economy and to assist in sustaining local enterprises.
· For purchases from $15,000 - $100,000 (including GST) with local content a 3% price preference will be allowed to local suppliers to promote the local economy and to assist in sustaining local enterprises.
· For purchases over $100,000 (including GST) no local preference will be given.
The application of local content shall have consideration of both:
· Best Value Principles of the Local Government Act 1989; and
· National Competition Policy (Trade Practices Act).
3.6.2 Tenders – Local Content
An additional criterion may be added to tender specifications defined as “Local Content”. Local Content will be defined as the proportion of the contract that is being undertaken using Buloke based suppliers, Buloke based sub-contractors, materials and plant sourced in Buloke.
Desirable flow on effects of a tender bid such as;
· maintenance opportunities for local businesses,
· industry development initiatives,
· skills development,
· job creation and
· innovation,
will be built into tender specifications, as appropriate, with stated performance measures and targets.
4 Apply a Consistent and Standard Approach
The Shire will provide effective and efficient commercial arrangements for the requisition of goods and services
4.1 Standard Processes
The Shire will provide effective commercial arrangements covering standard products and standard service provisions across the Shire to enable employees to source requirements in an efficient manner.
This will be achieved via harmonisation of the following areas:
• Pricing where relevant
• Processes, Procedures and techniques
• Tools and business systems (e.g. implementing the appropriate e-catalogue arrangements for customers to utilize).
• Reporting requirements
• Application of standard contract terms and conditions.
4.2 Performance Indicators
A list of performance indicators will be developed to measure procurement performance. They will include criteria such as:
• The proportion of spend against corporate contracts
• User and supplier satisfaction levels
• The extent to which procurement is involved in supporting larger projects
• Measuring the success of procurement initiatives eg. procurement cards
4.3 Management Information
The Shire will capture Procurement management information in a variety of areas, including:
• Volume of spend
• Number of transactions per supplier
• Supplier performance
• User satisfaction
• Category management
• Green spend
The Shire will also use external sources of management information to assist with the procurement decision making process including:
• Benchmarking data
• Information from professional bodies such as the Chartered Institute of Purchasing and Supply Australia
• Supplier reports
5 Build and Maintain Supply Relationships
Shire recognises that in order to achieve sustainable value, appropriate relationships must be developed and maintained with suppliers and that it seeks to operate with ‘informed choice’ on what supply strategy it adopts – whether to ‘do it yourself’, participate in regional or sector aggregated projects or to access State Government panel agreements. Shire will consider which supply arrangement delivers best value outcomes for Shire in terms of time, cost, value and outcome.
5.1 Developing and Managing Suppliers
Shire recognises the importance of effective and open working relationships with its suppliers, and is committed to the following:
• Managing existing suppliers, via the appropriate development programmes and performance measurements to ensure the benefits are delivered.
• Maintaining approved supplier lists
• Developing new suppliers and improving the capability of existing suppliers where appropriate.
5.2 Supply Market Development
A wide range of suppliers should be encouraged to compete for Shire work. The focus for new work need not always be with the larger more familiar businesses. Other types of organisations, offering business diversity include:
• Local businesses
• Green suppliers
• Small to medium sized enterprises (SME’s)
• Social enterprises
• Ethnic and minority business
• Voluntary and community organisations
5.3 Relationship Management
The Shire is committed to developing constructive long-term relationships with suppliers. It is important that the Shire identifies its key suppliers so that its efforts are focused to best effect. Such areas may include:
• Size of spend across the Shire
• Criticality of goods / services supplier, to the delivery of the authorities services
• Availability of substitutes
• Market share and strategic share of suppliers
5.4 Communication
External communication is very important in ensuring a healthy interest from potential suppliers and partners to the Shire. The external website will be updated and provide:
• Information about Shire and how to become an approved supplier.
• A list of existing and forthcoming contract opportunities, projected over a number of years.
• Guidelines for doing business with Shire.
• Standard documentation used in the procurement process
• Links to other relevant sites.
6 Continual Improvement
The Shire is committed to continuous improvement and will review the procurement policy on an annual basis, to ensure that it continues to meet its wider strategic objectives.
Legislation and other references
Legislation
For further information related to this policy see:
· Local Government Act 1989
· Local Government (Financial Management) Regulations 1999
· National Competition Policy (Trade Practices Act).
Documents
This Policy is implemented in conjunction with the following documents:
· Current Australian Accounting Standards
· Local Government Procurement Best Practice Guideline 2013
· Buloke Shire Council Code of Conduct
· Buloke Shire Council Protected Disclosure Policy
· Buloke Shire Council Corporate Card Policy
· Buloke Shire Council Risk Policy
· Buloke Shire Council Fraud Prevention Policy
· Tendering & Contracts Manual
Control Information
Policy Category: |
Procurement |
Approval Date: |
13 November 2013 |
Review Date |
13 November 2014 |
Revision History |
Version 5…………… |
15.1.2 Tendering & Contracts Manual - Review 13 November 2013
Author’s Title: Manager Procurement
Department: Office of the CEO File No: CM/15/02
1 ViewTendering and Contracts Manual Review November 2013 Draft |
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: Continue Council’s Risk Management Program including the development of a plan to identify and mitigate high-level corporate and community risks
That: 1. Adopt the amendments as proposed in this report. 2. That the amendments be incorporated into the Tendering and Contracts Manual and the Manual be republished as the Buloke Shire Council Tendering and Contracts Manual (Version 2 November 2013). Seconded: Cr Stuart McLean Carried. |
1. Executive Summary
The annual review of the Tendering and Contract Manual adopted 14 November 2012 has been undertaken in line with current legislation requiring review of all policies within twelve months following a Council election.
2. Discussion
A review of the Tendering and Contracts Manual, adopted 12 November 2012, has been undertaken in conjunction with the Procurement Policy review. This includes a review of the series of explanatory documents (the Appendices).
The following document has been used in this review;
· Victorian Local Government Best Practice Procurement Guidelines 2013
Feedback from all stakeholders during various projects and procurement activities within the organisation has been included in this review.
As a result of this review, the proposed amendments seek to align the wording and intent of the Procurement Policy with the Best Practice Guidelines. It is anticipated that the proposed amendments will enhance interpretation and application by stakeholders.
Since the adoption of the Tender and Contract Manual, Council have developed agreed protocols to enable electronic copies of Tender Documents to be downloaded from Council’s web page. Of particular importance is the capability to capture the contact details of those parties who download the documents. This is a particularly important matter in the event of Addenda being issued and ensuring that all intending tenderers are provided with the Addenda and can take into account the impact of the Addenda in the compilation of their Tender and/or EoI submission.
In addition to the availability and distribution of hardcopy documents remains available via phone call or face-to-face contact via the district offices.
This is in line with the advice provided in the Victorian Local Government Best Practice Procurement Guidelines 2013 in 3.2.4. Public Notice - “Given the requirement for a public notice to be published in a newspaper, councils are not able to solely use electronic tender systems which rely on online publication of the public notice. Notices that are placed solely online risk missing potential suppliers, especially small local businesses, which may not access online sites.”
The Appendices to this Manual are also reviewed in conjunction with this Policy review.
Proposed Amendments
Number One
SECTION I GENERAL
INTRODUCTION
The Manual details the specific procedures required by Council to supplement other documents generally available, which are to be referred to when implementing Council’s Policy. These include but are not restricted to:
Victorian Local Government Act 1989
Victorian Government Code of Tendering
Australian Standard Code of Tendering (AS 4120 – 1994)
Victorian Government “A Guide to Implementing Competitively Neutral Pricing Principles”
Freedom of Information Act 1982
Buloke Shire Council – Tendering and Contracts Policy; and
Buloke Shire Council – Procurement Policy (FM 1001) No. 124
Implementation Guidelines to the Victorian Code of Practice for the Building and Construction Industry June 2013
Victorian Local Government Best Practice Procurement Guidelines 2013
Number Two
SECTION V TENDER PHASE
6 PUBLIC TENDER PROCUREMENT and riSks
Amend wording from simply to simple.
Number Three
3 Preparation of Tender (EoI Submission) Documents
Changes to the preparation and distribution of electronic and hard copies of the Tender (EoI) Submission Documents has undergone some enhancements since the adoption of this Manual. With the development of the BSC website capability, Council can now enable electronic copies of Tender Documents to be downloaded from Council’s web page with means of capturing the contact details of those parties who download the documents. This is a particularly important matter in the event of Addenda being issued and ensuring that all intending tenderers are provided with the Addenda and can take into account the impact of the Addenda in the compilation of their Tender and/or EoI submission.
Electronic copies are to be prepared with the assistance of the Council Web Support Officer prior to upload onto the Website who will assist with the conversion of hard copy documents (or multiple files to a single document for inclusion on the website.
Hardcopies are to be prepared by the Responsible Officer and supplied to the Senior Procurement Officer for distribution as required.
Number Four
SECTION III DOCUMENTATION FOR TRADITIONAL TENDER PROCESS
6 Tender Schedules
Include explanation for Schedule 18 – Cash Flow
Proposed Policy Amendments
Number One
SECTION I GENERAL
INTRODUCTION
Current Wording
The Manual details the specific procedures required by Council to supplement other documents generally available, which are to be referred to when implementing Council’s Policy. These include but are not restricted to:
Victorian Local Government Act 1989
Victorian Government Code of Tendering
Australian Standard Code of Tendering (AS 4120 – 1994)
Victorian Government “A Guide to Implementing Competitively Neutral Pricing Principles”
Freedom of Information Act 1982
Buloke Shire Council – Tendering and Contracts Policy; and
Buloke Shire Council – Procurement Policy (FM 1001) No. 124
Proposed Wording
SECTION I GENERAL
INTRODUCTION
The Manual details the specific procedures required by Council to supplement other documents generally available, which are to be referred to when implementing Council’s Policy. These include but are not restricted to:
Victorian Local Government Act 1989
Victorian Government Code of Tendering
Australian Standard Code of Tendering (AS 4120 – 1994)
Victorian Government “A Guide to Implementing Competitively Neutral Pricing Principles”
Freedom of Information Act 1982
Buloke Shire Council – Tendering and Contracts Policy; and
Buloke Shire Council – Procurement Policy (FM 1001) No. 124
Implementation Guidelines to the Victorian Code of Practice for the Building and Construction Industry June 2013
Victorian Local Government Best Practice Procurement Guidelines 2013
Number Two
SECTION I GENERAL
6 PUBLIC TENDER PROCUREMENT and riSks
Current Wording
For a municipality the process of procurement by a public tendering process put in very simply terms involves a public invitation to suppliers/providers to submit a tender (an offer) to supply, provide and/or undertake respectively defined goods, services and/or works, consideration of tender submissions, acceptance of a tender, the award of a contract, the performance of the contract, supervision thereof and payment to the contractor.
Proposed Wording
For a municipality the process of procurement by a public tendering process put in very simple terms involves a public invitation to suppliers/providers to submit a tender (an offer) to supply, provide and/or undertake respectively defined goods, services and/or works, consideration of tender submissions, acceptance of a tender, the award of a contract, the performance of the contract, supervision thereof and payment to the contractor.
Number Three
SECTION V TENDER PHASE
3 Preparation of Tender (EoI Submission) Documents
Current Wording
Preparation of the electronic and hard copies of the Tender (EoI) Submission Documents is the responsibility of the Responsible Officer.
Electronic copies are to be prepared with the assistance of the Web Support Officer prior to upload onto the Website.
Hardcopies are to be prepared by the Responsible Officer and supplied to the Senior Procurement Officer for distribution as required.
The Senior Procurement Officer must ensure that a copy of the Tender (EoI Submission) Documents for any procurement is held on the Tender Phase File for that particular procurement.
Note: At this time preparation of an electronic copy of Tender Documents (or EoI Submission Documents) is undertaken only for ease of compilation of the hard copies. At this time Council have not developed agreed protocols to enable electronic copies of Tender Documents to be downloaded from Council’s web page particularly a means of capturing the contact details of those parties who download the documents. This is a particularly important matter in the event of Addenda being issued and ensuring that all intending tenderers are provided with the Addenda and can take into account the impact of the Addenda in the compilation of their Tender and/or EoI submission.
Proposed Wording
Preparation of the electronic and hard copies of the Tender (EoI) Submission Documents is the responsibility of the Responsible Officer.
Electronic copies are to be prepared with the assistance of the Web Support Officer prior to upload onto the Website who will assist with the conversion of hard copy documents (or multiple files to a single document for inclusion on the website.
Hardcopies are to be prepared by the Responsible Officer and supplied to the Senior Procurement Officer for distribution as required.
The Senior Procurement Officer must ensure that a copy of the Tender (EoI Submission) Documents for any procurement is held on the Tender Phase File for that particular procurement.
Number Four
SECTION III DOCUMENTATION FOR TRADITIONAL TENDER PROCESS
6 Tender Schedules
Schedule 18 – Cash Flow
Current Wording
Schedule 18 - Spare
Proposed Wording
Schedule 18 – Cash Flow
This schedule has applicability in Tender Documents for procurement of works and to a lesser extent procurement of goods. This schedule provides for the tenderer to submit evidence to establish the expected amounts of claims for payment for each month upt to the Date for Practical Completion. The amounts inserted in the planned Cash Flow Schedule should be consistent with the Tender Program and the Schedule of Prices and/or Schedule of Rates and include the amount of GST.
3. Financial Implications
The proposed recommendations will not impact either the Capital Works or Operational budget in either the current or subsequent years.
4. Community Consultation
Feedback from external stakeholders has been considered and incorporated into the review.
5. Internal Consultation
Feedback from external stakeholders has been considered and incorporated into the review.
6. Legislative / Policy Implications
The Annual review ensures continued relevance to community expectations while complying with legislative requirements.
7. Environmental Sustainability
There is no environmental sustainability impact as a result of the recommendations.
8. Conflict of Interest Considerations
There are no conflict of interest considerations as a result of the recommendations.
9. Conclusion
Annual reviews will ensure compliance and currency in terms of new processes, policies and legislation.
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
7.1.2 Tendering & Contracts Manual - Review 13 November 2013
Attachment 1 Tendering and Contracts Manual Review November 2013 Draft
tENDERING AND CONTRACTS MANUAL - annual review NOVEMBER 2013
Author’s Title: |
Senior Procurement Officer |
|||
Department:: |
Chief Executive Office |
File No: |
CM/15/02 |
|
Attachments: |
Yes |
1. Tendering and Contracts Manual Updated Draft - November 2013 |
||
Purpose Annual review of Tendering and Contract Manual adopted 14 November 2012 in line with current legislation requiring review of all policies within twelve months following a Council election. Recommendation 1. Adopt the amendments as proposed in this report. 2. That
the amendments be incorporated into the |
Moved:
seconded:
Carried/not carried
Key POINTS/Issues
A review of the Tendering and Contracts Manual, adopted 12 November 2012, has been undertaken in conjunction with the Procurement Policy review. This includes a review of the series of explanatory documents (the Appendices).
The following document has been used in this review;
· Victorian Local Government Best Practice Procurement Guidelines 2013
Feedback from all stakeholders during various projects and procurement activities within the organisation has been included in this review.
As a result of this review, the proposed amendments seek to align the wording and intent of the Procurement Policy with the Best Practice Guidelines. It is anticipated that the proposed amendments will enhance interpretation and application by stakeholders.
Since the adoption of the Tender and Contract Manual, Council have developed agreed protocols to enable electronic copies of Tender Documents to be downloaded from Council’s web page. Of particular importance is the capability to capture the contact details of those parties who download the documents. This is a particularly important matter in the event of Addenda being issued and ensuring that all intending tenderers are provided with the Addenda and can take into account the impact of the Addenda in the compilation of their Tender and/or EoI submission.
In addition to the availability and distribution of hardcopy documents remains available via phone call or face-to-face contact via the district offices.
This is in line with the advice provided in the Victorian Local Government Best Practice Procurement Guidelines 2013 in 3.2.4. Public Notice - “Given the requirement for a public notice to be published in a newspaper, councils are not able to solely use electronic tender systems which rely on online publication of the public notice. Notices that are placed solely online risk missing potential suppliers, especially small local businesses, which may not access online sites.”
The Appendices to this Manual are also reviewed in conjunction with this Policy review.
Proposed Amendments
Number One
SECTION I GENERAL
INTRODUCTION
The Manual details the specific procedures required by Council to supplement other documents generally available, which are to be referred to when implementing Council’s Policy. These include but are not restricted to:
Victorian Local Government Act 1989
Victorian Government Code of Tendering
Australian Standard Code of Tendering (AS 4120 – 1994)
Victorian Government “A Guide to Implementing Competitively Neutral Pricing Principles”
Freedom of Information Act 1982
Buloke Shire Council – Tendering and Contracts Policy; and
Buloke Shire Council – Procurement Policy (FM 1001) No. 124
Implementation Guidelines to the Victorian Code of Practice for the Building and Construction Industry June 2013
Victorian Local Government Best Practice Procurement Guidelines 2013
Number Two
SECTION V TENDER PHASE
6 PUBLIC TENDER PROCUREMENT and riSks
Amend wording from simply to simple.
Number Three
3 Preparation of Tender (EoI Submission) Documents
Changes to the preparation and distribution of electronic and hard copies of the Tender (EoI) Submission Documents has undergone some enhancements since the adoption of this Manual. With the development of the BSC website capability, Council can now enable electronic copies of Tender Documents to be downloaded from Council’s web page with means of capturing the contact details of those parties who download the documents. This is a particularly important matter in the event of Addenda being issued and ensuring that all intending tenderers are provided with the Addenda and can take into account the impact of the Addenda in the compilation of their Tender and/or EoI submission.
Electronic copies are to be prepared with the assistance of the Council Web Support Officer prior to upload onto the Website who will assist with the conversion of hard copy documents (or multiple files to a single document for inclusion on the website.
Hardcopies are to be prepared by the Responsible Officer and supplied to the Senior Procurement Officer for distribution as required.
Number Four
SECTION III DOCUMENTATION FOR TRADITIONAL TENDER PROCESS
6 Tender Schedules
Include explanation for Schedule 18 – Cash Flow
Proposed Policy Amendments
Number One
SECTION I GENERAL
INTRODUCTION
Current Wording
The Manual details the specific procedures required by Council to supplement other documents generally available, which are to be referred to when implementing Council’s Policy. These include but are not restricted to:
Victorian Local Government Act 1989
Victorian Government Code of Tendering
Australian Standard Code of Tendering (AS 4120 – 1994)
Victorian Government “A Guide to Implementing Competitively Neutral Pricing Principles”
Freedom of Information Act 1982
Buloke Shire Council – Tendering and Contracts Policy; and
Buloke Shire Council – Procurement Policy (FM 1001) No. 124
Proposed Wording
SECTION I GENERAL
INTRODUCTION
The Manual details the specific procedures required by Council to supplement other documents generally available, which are to be referred to when implementing Council’s Policy. These include but are not restricted to:
Victorian Local Government Act 1989
Victorian Government Code of Tendering
Australian Standard Code of Tendering (AS 4120 – 1994)
Victorian Government “A Guide to Implementing Competitively Neutral Pricing Principles”
Freedom of Information Act 1982
Buloke Shire Council – Tendering and Contracts Policy; and
Buloke Shire Council – Procurement Policy (FM 1001) No. 124
Implementation Guidelines to the Victorian Code of Practice for the Building and Construction Industry June 2013
Victorian Local Government Best Practice Procurement Guidelines 2013
Number Two
SECTION I GENERAL
6 PUBLIC TENDER PROCUREMENT and riSks
Current Wording
For a municipality the process of procurement by a public tendering process put in very simply terms involves a public invitation to suppliers/providers to submit a tender (an offer) to supply, provide and/or undertake respectively defined goods, services and/or works, consideration of tender submissions, acceptance of a tender, the award of a contract, the performance of the contract, supervision thereof and payment to the contractor.
Proposed Wording
For a municipality the process of procurement by a public tendering process put in very simple terms involves a public invitation to suppliers/providers to submit a tender (an offer) to supply, provide and/or undertake respectively defined goods, services and/or works, consideration of tender submissions, acceptance of a tender, the award of a contract, the performance of the contract, supervision thereof and payment to the contractor.
Number Three
SECTION V TENDER PHASE
3 Preparation of Tender (EoI Submission) Documents
Current Wording
Preparation of the electronic and hard copies of the Tender (EoI) Submission Documents is the responsibility of the Responsible Officer.
Electronic copies are to be prepared with the assistance of the Web Support Officer prior to upload onto the Website.
Hardcopies are to be prepared by the Responsible Officer and supplied to the Senior Procurement Officer for distribution as required.
The Senior Procurement Officer must ensure that a copy of the Tender (EoI Submission) Documents for any procurement is held on the Tender Phase File for that particular procurement.
Note: At this time preparation of an electronic copy of Tender Documents (or EoI Submission Documents) is undertaken only for ease of compilation of the hard copies. At this time Council have not developed agreed protocols to enable electronic copies of Tender Documents to be downloaded from Council’s web page particularly a means of capturing the contact details of those parties who download the documents. This is a particularly important matter in the event of Addenda being issued and ensuring that all intending tenderers are provided with the Addenda and can take into account the impact of the Addenda in the compilation of their Tender and/or EoI submission.
Proposed Wording
Preparation of the electronic and hard copies of the Tender (EoI) Submission Documents is the responsibility of the Responsible Officer.
Electronic copies are to be prepared with the assistance of the Web Support Officer prior to upload onto the Website who will assist with the conversion of hard copy documents (or multiple files to a single document for inclusion on the website.
Hardcopies are to be prepared by the Responsible Officer and supplied to the Senior Procurement Officer for distribution as required.
The Senior Procurement Officer must ensure that a copy of the Tender (EoI Submission) Documents for any procurement is held on the Tender Phase File for that particular procurement.
Number Four
SECTION III DOCUMENTATION FOR TRADITIONAL TENDER PROCESS
6 Tender Schedules
Schedule 18 – Cash Flow
Current Wording
Schedule 18 - Spare
Proposed Wording
Schedule 18 – Cash Flow
This schedule has applicability in Tender Documents for procurement of works and to a lesser extent procurement of goods. This schedule provides for the tenderer to submit evidence to establish the expected amounts of claims for payment for each month upt to the Date for Practical Completion. The amounts inserted in the planned Cash Flow Schedule should be consistent with the Tender Program and the Schedule of Prices and/or Schedule of Rates and include the amount of GST.
community, environmental and financial Implications
Community Impact
The proposed recommendations will clarify and align existing policy with current legislation and recommendations from other external agencies; i.e. Department of Planning and Community Development. The recommendations will also encourage stated outcomes through inclusion within tender specifications. This will facilitate performance measures and targets which are clear to all stakeholders.
Environmental Impact
The proposed recommendations will have minimal environmental impact for the Council and/or the Community.
Financial Impact
Capital — (Current/Future)
The proposed recommendation will have minimal impact upon Capital Works Expenditure either in the current year or in a future year.
Operating (Recurrent) — (Current/Future)
The proposed recommendation will have minimal impact on the current year or future year’s Operational Budget.
Public Participation
Level of community participation |
Objective of community participation |
Brief description of actions taken and outcomes achieved |
Inform |
1 Inform those directly affected and/or involved |
Policy is available on website and each Council Office. Review undertaken in conjunction with relevant internal stakeholders and guideline changes from external agencies i.e. DPCD Local Government Best Practice Procurement Guidelines. |
The recommendation of this report complies with relevant legislation and/or Council policy.
RELEVANCE TO COUNCIL PLAN 2009-13
COUNCIL PLAN 2009-13 |
||
Strategic Objective |
Strategy |
Impact and Relevance |
Our community |
Assisting Buloke residents to access the Council support and services they need to help live healthy and fulfilling lives |
Annual review of Policy ensures continued relevance to community expectations while complying with legislative requirements. |
Our local economy |
Forming partnerships and actively participating in networks to enhance and support the local economy |
Ensure maximum advantage afforded to local economy within legislative and policy guidelines. |
Our people and organisation |
Ensuring Council is well governed and its finances and risks are managed responsibly |
Annual review ensures compliance and relevance to the evolving needs of the local economy, specifically through greater visibility of the Best Practice Guidelines. |
risk rating
RISK CATEGORY
|
RATING · Insignificant · Low · Medium, or · High |
REASONS FOR RATING |
FINANCIAL |
Low |
The proposed recommendations may result in an increased amount of low and medium level spend being retained within Buloke Shire, but not to the detriment of competition and value for money. |
GOVERNANCE |
Low |
Annual review and recommendations ensure compliance with current legislation |
REGULATORY |
Low |
The actions proposed meet legislative requirements. |
HEALTH & SAFETY |
Insignificant |
There is insignificant risk identified as a result of the recommended action. |
15.2 Management Reports
15.2.1 Extractive Industry Work Authority 728 ("Todd's Pit")
Author’s Title: Human Resources Officer
Department: Office of the CEO File No: RM/06/05
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
Cr White declared a direct interest in Item 15.2.1. on the basis that she is an owner of the land under consideration.
Cr White vacated the Council Chamber at 7.52pm prior to discussion of this Item.
That: 1. Council note that Active Excavations have withdrawn their interest in the proposed transfer of extractive industry Work Authority Permit 728 for the land referred to as “Todd’s Pit” 2. Council undertakes a review of its rehabilitation requirements under Work Authority Permit 728 with a view to recommence rehabilitation on a staged basis in accordance with the current and any revised future Work Plans for the same. 3. Council provides for staged rehabilitation of Todd’s Pit within future capital works budgets until rehabilitation obligations under the Work Plan are met. 4. Council provide written advice to the landowners of the decision by Active Excavations and Council’s future intentions in relation to the rehabilitation of Todd’s Pit. 5. The Contract with the landowners be reviewed and renegotiated with respect to the above information.
Seconded: Cr Leo Tellefson Carried. |
1. Executive Summary
Council currently holds Works Authority Permit 728 (“Work Authority”) to operate a gravel pit on private land at Towaninny Road, Towaninny, which is commonly referred to as “Todd’s Pit”.
The site is an open cut sandstone pit of sedimentary rock (road base) and is located in the Gannawarra Shire. Council has not extracted material from the site for some years.
Council was approached by a private company, Active Excavations, in conjunction with John and Ellen White (“the Landowners”), to take over the Work Authority from Council by way of transfer of the Work Authority from Council to their company.
Council have ensured that due diligence and disclosure requirements were undertaken, particularly in relation to the outstanding compliance and rehabilitation requirements including, but not restricted to, site security, vertical faces, and, Health and Safety Management Systems.
Council has since been notified that Active Excavations do not wish to proceed with the proposed transfer of Work Authority Permit 728.
2. Discussion
At the Ordinary Meeting of Council on 12 June 2013, Council resolved to enter into negotiations to transfer the Work Authority for Todd’s Pit to Active Excavations.
In accordance with Council’s resolution, Active Excavations were advised in writing that a condition of the transfer would be their agreement to all conditions of the current Work Authority and any additional and ancillary requirements of the Department of Environment and Primary Industries (“DEPI”) which were necessary to facilitate and complete the transfer.
Council have evaluated compliance and other due diligence considerations in relation to the need for a revised rehabilitation bond for the Work Authority Permit, and issues of non-compliance with the conditions of the Work Authority.
This was considered necessary as rehabilitation works to the extent, and in the manner, required in the approved Work Plan had not been completed and it was consequently identified that the current Rehabilitation Bond was too low.
In September 2013, Council received advice that Active Excavations had withdrawn their interest in the transfer of Work Authority. Active Excavations indicated that the primary reasons for this decision was that the material did not meet specifications for the current flood recovery road program, and, insufficient additional markets exist to warrant reopening Todd’s Pit.
DEPI have been advised of this decision and have agreed in principle to cease the current review of Council’s rehabilitation bond subject to Council reviewing its rehabilitation requirements under the Work Plan with a view to recommence rehabilitation on a staged basis in the 2014/15 financial year.
3. Financial Implications
The ongoing operation and maintenance of Council’s extractive sites, including Todd’s Pit, requires expenditure in order to meet operational and legislative requirements.
The decision by Active Excavations not to proceed with the Transfer of Work Authority has resulted in financial implications for Council, including rehabilitation and site maintenance.
While DEPI has agreed in principle not to proceed with the current review of the rehabilitation bond for Work Authority 728, this decision may be reviewed in the future. It is therefore considered necessary that Council review its requirements under the Work Plan to ensure that it sets aside an appropriate provision for progressive rehabilitation of the same.
4. Community Consultation
Not applicable.
5. Internal Consultation
Internal consultation within Council has taken place with the Assets and Infrastructure, and, Works and Corporate Services, departments in relation to the day-to-day operations of the site.
6. Legislative / Policy Implications
Council’s legislative implications in relation to the operation of extractive sites largely relate to the Mineral Resources (Sustainable Development) Act 1990 and the Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 which, in conjunction with guidelines and codes, also apply to mineral exploration and development activities. However, Council also has obligations under other legislative instruments including the Occupational Health and Safety Act 2004, including as it relates to contractors, and, health and safety management systems applicable to the site.
7. Environmental Sustainability
The Act seeks to encourage an economically viable mining industry which makes the best use of mineral resources in a way that is compatible with the economic, social and environmental objectives of the State.
As the holder of Work Authority Permit 728, Council has an obligation to comply with the requirements set out in a Work Plan, including but not restricted to consideration of stability requirements, environmental management programs and inclusion of a rehabilitation plan.
In relation to Todd’s Pit, considerable progressive structural and vegetative rehabilitation is necessary to comply with the requirements under the Work Plan.
8. Conflict of Interest Considerations
One of the Landowners, Cr Ellen White, is a current Councillor of the Buloke Shire Council.
9. Conclusion
As outlined in this Report, the proposed incoming Licensee has indicated that it has withdrawn its interest in the transfer of Work Authority Permit 728.
Consequently, Council continues to have rehabilitation obligations for any past, current and future extraction activities. It is recommended that Council review these obligations and ensure that an appropriate provision is contained within future Capital Works budgets to reduce its overall liability.
15.2.2 Planning Permit Application 471/12A
Author’s Title: Planning Officer
Department: Office of the CEO File No: LP/09/01
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: Ensure all major projects and strategies are informed through community and stakeholder consultation which is guided by Council’s community consultation framework and, where relevant, appropriate Advisory Committees and/or consultative mechanisms
Cr White returned to the Council Chamber at 7.56pm prior to discussion of Item 15.2.2.
Cr McLean declared an indirect interest in Item 15.2.2 on the basis of his membership to the Board of the North Central Catchment Management Authority.
Cr McLean vacated the Council Chamber at 8.00pm prior to discussion of this item.
That: 1. Council determine to approve the amended planning permit application for the Development and Use of Four Dwellings at Lot 1 TP697563Y Paris of East Charlton known as 16 High Street, Charlton subject to the following conditions:
1) This permit will expire if the development and the use are not started within two years of the date of this permit and the development is not 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 development as shown on the endorsed plans must not be altered without the written consent of the responsible authority. 3) The use and development must be managed so that the amenity of the area is not detrimentally affected, through the: (a) transport of materials, goods or commodities to or from the land (b) appearance of any building, works or materials (c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil. (d) presence of vermin. 4) External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the responsible authority. 5) The landscaping as shown on the endorsed plans must not be altered without the written consent of the responsible authority and must be viable within two years of the development starting. 6) All buildings and fencing in the permitted development must comply in all respects with the provisions of the Building Regulations and a building permit must be obtained. 7) Storm water drainage must be in accordance with the requirements of the Responsible Authority and the relevant Building Surveyor. The legal point of discharge for this development is to the High Street drainage point. 8) The access laneway and stormwater drainage to the proposed dwellings must be constructed in accordance with an Engineers Design. The design must be submitted to the responsible authority for approval prior to the commencement of construction of the access laneway. 9) The construction of the access laneway and stormwater drainage is to be to the satisfaction of the responsible authority and must be completed prior to the issue of the Occupancy Permit for the dwellings.the Building Regulations and a building permit must be obtained. 10) A vehicle crossing must be constructed to provide for a crossover of no less than 4.9 metres in width. 11) The site must be accessible by emergency service vehicles. The selected timber slatted fences on the laneway must be set back a minimum of 4.2 metres from the southern boundary of the laneway. Referral Authority Conditions North Central Catchment Management Authority 12) The finished floor level of any new dwelling must be constructed a minimum of 300mm above the applicable 1% AEP flood level, i.e. no lower than 130.4 metres AHD. GWMWater 13) The owner/applicant must pay to GWMWater a contribution of money towards the existing water supply system. Currently the new customer contribution is $2434.40 for the development. The contribution to be paid will be that applicable at the time of payment. 14) The owner/applicant must install water mains and associated works to serve each dwelling, at the owner’s cost, and in accordance with GWMWater’s specification and requirements. 15) The owner/applicant must provide plans and estimates of all proposed water supply works prior to commencement, for GWMWater’s approval. 16) The owner/applicant must pay to GWMWater a contribution of money towards its outfall sewers and disposal systems. Currently the new customer contribution is $2434.40 per lot created. The contribution to be paid will be that applicable at the time of payment. 17) The owner/applicant must install sewerage mains and associated works to individually serve each lot of the proposed development, at the owner’s cost, in accordance with GWMWater’s requirements. 18) The owner/applicant must provide plans and estimates of all proposed sewerage works prior to commencement for GWMWater’s approval. 19) The owner/applicant must pay to GWMWater a fee of 3.25% of the total cost of construction of water and sewer mains (including design and supervision) for its review of design documentation and supervision of works. This fee relates to checking that the works are designed and constructed in accordance with GWMWater’s requirements and does not relieve the developer from ensuring proper design and appropriate supervision. 20) The owner/applicant must provide written notification of commencement of the works to enable GWMWater to organise inspections and coordinate with its staff. 21) The owner/applicant must provide “as constructed” plans and a schedule of final asset costs at the level identified in GWMWater’s asset register for all sewerage works upon completion.
*** END OF CONDITIONS *** Notes: A building permit will need to be obtained for the works.
Seconded: Cr Leo Tellefson Carried. |
1. Executive Summary
Council have received a request from the original permit applicant to amend the permit and endorsed plans.
The amendment request involves the inclusion of 1500mm high timber slat fence on the High Street frontage, alteration to the ensuite of Unit 1, access ramps for Units 2 and 4 and the south west wall of Unit 4 cladding to be altered to allow corrugated colourbond steel.
This report has been submitted to Council as the amended permit could not be issued under delegation from the Council due to a conflict of interest.
2. Discussion
The subject land is affected by Business 1 zone, Heritage Overlay (9) and Land Subject to Inundation. These controls have not changed since the issue of the original permit on 14 November 2012.
An assessment of the amendment application has determined that the changes to the plans and permit conditions are so minor that notification or re-referral to applicable authorities is not necessary. In addition, it is also determined that the amendment will not result in any detrimental impact to the surrounding land uses and occupiers.
3. Financial Implications
Nil impact on Council expenditure.
4. Community Consultation
The adjoining landowner on the south west boundary has been advised of the request for corrugated colourbond steel. No objection was received.
5. Internal Consultation
Discussions between Planning and Building Departments have occurred to ensure compliance with all codes and regulations.
6. Legislative / Policy Implications
The application is in accord with the Planning & Environment Act 1987 and Buloke Planning Scheme.
7. Environmental Sustainability
Nil impact on environmental sustainability.
8. Conflict of Interest Considerations
Acting Chief Executive Officer, Mr Anthony Judd, owns an adjoining property to the subject land.
9. Conclusion
Previous approval for the development is current, however, the issue of the amended permit supersedes the original permit. The development will provide the local community of Charlton with alternative accommodation choices which is an objective of the State Planning Policy Framework contained within the Buloke Planning Scheme.
15.2.3 Gilmours Road Land Transfer Agreement
Author’s Title: Human Resources Officer
Department: Office of the CEO File No: CP/02/14
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
Cr McLean returned to the Council Chamber at 8.03pm prior to discussion of Item 15.2.3.
That: 1. Council sign and seal the Transfer of Land - Crown Allotment 2002, TP532, Parish of Donald (Gilmours Road, Donald) from the Buloke Shire Council to Mr Colin Gilmour.
Seconded: Cr Gail Sharp Carried. |
1. Executive Summary
In July 2012 Council passed a motion put by Council’s Senior Planning Officer to proceed with the exchange of land at the intersection of Gilmour Road and Swanwater North Road in lieu of the section of the road reserve provided by Mr and Mrs Gilmour to the Council on Plan of Subdivision 444992B.
The relevant land is the whole of the land contained in Certificate of Title Volume 11025 Folio 502.
Council has commissioned an Independent Valuation for the land.
Public notices were placed in local newspapers advising Council’s proposal that the land would be transferred to the Landowners pursuant to an Exchange of Land agreement under which Council received a section of the road reserve under Plan of Subdivision 444992B and that any person has a right to make a submission to Council on the Proposal.
Submissions closed on Friday, 13 September 2013. No submissions were received.
This report recommends that Council proceed to sign and seal the Transfer of Land – Crown Allotment 2002 TP532, Parish of Donald (Gilmours Road, Donald) from the Buloke Shire Council to Colin Gilmour.
2. Discussion
Land and Initial Agreement
On 18 May 2000 a planning application to re-subdivide existing Lots was received by the Buloke Shire Council from Mr and Mrs Gilmour (“the Landowners”). From that application it was established there was a discrepancy in the route used to access the premises.
The route of Gilmours Road was originally intended to run North in a straight
line, crossing Swanwater North Road. Instead, it had been diverted through the
corner of Crown Allotment 20 Parish of Donald, and crossed Swanwater North Road
to avoid a low lying area that frequently flooded and was resulting in
continuous and costly road maintenance work. This diverted route had been
reached following an informal agreement between Council and the Landowners.
The subdivision application thus brought about the opportunity to formalise the above agreement by closing the original Gilmours Road reserve and exchanging the land with the Landowners for a road reserve over Crown Allotment 20 Parish of Donald, owned by the Gilmour’s.
Under Plan of Subdivision PS444992B, the Landowners transferred the road reserve to the Buloke Shire in an attempt to finalise the sale which had initiated the subdivision application.
As the original road was on crown land, Council purchased Crown Allotment 60 Section B (now known as Crown Allotment 2002 TP2532 Parish of Donald) from the Department of Sustainability (as it was then known). The purchase was finalised on 23 August 2007. Once the land had been purchased, the unused road was to be closed and transferred to the Landowners. That Transfer was erroneously never completed.
Therefore, as Council is the owner of both parcels of land (Crown Allotment 2002 TP2532 Parish of Donald, and also had the new road route transferred to them by the Landowners in the Plan of Subdivision 444992B), Council now should transfer Crown Allotment 2002 to the Landowners.
Memorandum of Understanding between Council and Mr Gilmour
A letter in relation to a Memorandum of Understanding dated 17 October 2000 was entered into between the Buloke Shire Council and Mr Gilmour. The Agreement set out arrangements for a proposed “Exchange of Land” between the Landowners and the Buloke Shire Council, as outlined above.
The Agreement reflects the information set out in this report, namely that the land described as Road R-1 on the Plan of Subdivision 444992B, Volume 10764 Folio 486 (Gilmours Road), was to be transferred from Mr Gilmour to Council.
In July 2012, Council endorsed a recommendation by Council’s Senior Planning Officer to proceed with the exchange of Land by way of providing public notice of an intention to sell the and allow interested persons to make a submission under section 223 of the Local Government Act 1989 (Vic) on the proposed sale.
It was also recommended Council comply with the Local Government Best Practice Guideline for the Sale, Exchange and Transfer of Land (endorsed Ministerial Guideline June 2009).
Section 189 of the Act requires Council to do the following before selling or exchanging land:
· To give at least 4 weeks public notice of an intention to sell before selling the land (s189(2)(a))
· Obtain a valuation of the land which is made not more than 6 months prior to the sale from an appropriately qualified person (s189(2)(b))
· Allow interested persons to make a submission under s223 on the proposed sale (s189(3))
· Council consideration of any submissions made pursuant to s223
As per the requirements of the act under the exchange of land, the property was valued at $1,600 as at 21 May 2013.
Notices were placed in local papers by Council identifying the proposed purchaser of the land, the proposed use of the land and the value of the same. No submissions were received.
During this period, Council engaged the services of a qualified solicitor to act on behalf of Council in relation to the Transfer of Land and coordinate the exchange. Documentation in relation to the Transfer of Land was received by Council on 31 October 2013.
3. Financial Implications
The original intention of the Agreement was that there is a direct land exchange. There is to be no additional monetary consideration of the exchange.
Legal costs and other costs related to the Transfer of Land have been met by Council.
4. Community Consultation
Public notices for the sale were placed in local newspapers, including full details of the proposed purchaser, price to be paid for the land and intended use. No submissions were received.
5. Internal Consultation
Nil
6. Legislative / Policy Implications
Any proposed sale of Council land, including sale by way of an exchange, is required to be approved by a formal resolution of Council.
Legislative requirements include the need to obtain an Independent Valuation of the Land, in addition to a requirement that Council give public notice of its intention to sell the land for a price and that the public notice disclose information relevant to the proposed sale. In addition, a community consultation period is required during which time any person may make a submission in relation to the proposed sale.
Council obtained an Independent Valuation as at 21 May 2013 to comply with the requirement of the Local Government Act 1989 (Vic). Public notices were placed in district newspapers and no submissions were received.
7. Environmental Sustainability
Minimal, the agreement to divert the road around the low lying wet area has allowed the site to return to its natural creek environment.
8. Conflict of Interest Considerations
Nil
9. Conclusion
That Council proceed with the exchange of land at the intersection of Gilmours Road and Swanwater North Road in lieu of the section of the road reserve provided by Gilmours to the Council by signing and sealing the Transfer of Land for the same.
15.2.4 Council Meeting Schedule 2014
Author’s Title: Governance Officer
Department: Office of the CEO File No: GO/05/02
1 ViewProposed Council Meeting Schedule 2014 |
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: Ensure all major projects and strategies are informed through community and stakeholder consultation which is guided by Council’s community consultation framework and, where relevant, appropriate Advisory Committees and/or consultative mechanisms
That Council: 1. Adopt the proposed Council Meeting Schedule for 2014.
2. Publish the adopted Council Meeting Schedule 2014 on Council’s website and also in its Community Matters in the local papers, making reference to the Community Presentation/Address to Council provisions.
3. Forward a letter and a copy of the adopted Council Meeting Schedule 2014 to all Community Forums, Progress Associations and Commerce Groups across the Shire to inform them of the Community Presentation/Address to Council provisions.
Seconded: Cr David Pollard Carried. |
1. Executive Summary
A proposed Council Meeting Schedule 2014 is tabled for Council consideration for adoption.
2. Discussion
The proposed Schedule allows for Council to continue to conduct is Ordinary Meeting on the second Wednesday of the month, with the exclusion of January.
The Schedule allows for Council to hold an Assembly of Council Meetings on the Monday prior to the monthly Ordinary Meeting and the last Wednesday of each month, unless they are a Public Holiday.
An Assembly of Council Meeting will be held at least once throughout the year, in each township across the Shire. The purpose of this is to provide the community persons/organisations the opportunity to address the Council on matters of local importance and raise matters that are relative to Council business.
Following the adoption of the Schedule 2014, it will be published on Council’s website and Community Matters in the local papers, making reference to the Community Presentation/Address to Council provisions, inviting any persons/groups from the Community to address the Council and have the opportunity to effectively communicate with the Council.
A letter and a copy of the adopted Schedule 2014 will also be sent to Community
Forums, Progress Associations and Commerce Groups, again making reference to
the Community Presentation/Address to Council provisions.
The Assembly of Council being held on the Monday prior to the Ordinary Meeting (unless it is a Public Holiday) is the opportunity for Council to address both matters before the Council and responses to submissions received in accordance to Section 223 of the Local Government Act 1989.
The Assembly of Council Meeting to be held on the last Wednesday of the month will focus on discussion of medium to long term challenges, policies and strategies.
Outlined below are the details and the purpose of the Meetings:
Ordinary Meeting of Council
- Held second Wednesday of each month (excluding January 2014)
- Commencing at 7.00pm
- All held in Wycheproof Hall Supper Room (unless otherwise notified)
Assembly of Councillors – Community Presentations
- Held Monday prior to Ordinary Meeting (excluding January 2014). If Monday is a Public Holiday the meeting will be held on Tuesday of the same week. i.e. Tuesday 11 March 2014 and Tuesday 10 June 2014)
- Commencing at 5.00pm
- Provision for community organisations, key stakeholders and individual residents to address or make a presentation to Council
- Address Matters before Council
- Consider responses to calls for submissions in accordance with Section 223 of the Local Government Act 1989
- Meetings to be held in a variety of townships across the Shire
Assembly of Councillors – Policy and Strategy
- Held last Wednesday of the month (excluding January 2014 and December 2014) to allow Council the opportunity to address corporate, policy and strategic matters.
- Provision for community organisations, key stakeholders and individual residents to address or make a presentation to Council.
- Commencing at 5.00pm.
- Meetings to be held in a variety of townships across the Shire.
Special Meeting
The Local Government Act 1989 provides for Council to call a Special Meeting if required. This is sometimes necessary in order to meet specific timelines associated with requirements under the Act such as adoption of a Council Plan and Annual Report. The Act contains specific provisions in relation to the required period of notice for a Special Meeting and the business that can be transacted at such meetings.
3. Financial Implications
There are no Capital or Recurrent Financial Implications from this Report.
4. Community Consultation
The adopted Meeting Schedule 2014 will be published in the Community Matters in the local papers and placed on Council’s website.
The Community Presentations at the Assembly of Council allows provision for key stakeholders, individuals, regional and community organisations to address or present to Council new initiatives, matters before Council, a response to calls for submissions to meet statutory requirements and/or comment on draft policies, strategies, local laws etc.
5. Internal Consultation
The proposed Meeting Schedule 2014 was tabled for review by the Management and Council at the Assembly of Council held 31 October 2013.
6. Legislative / Policy Implications
The proposed Meeting Schedule 2014 has been developed in accord with the provisions of the Local Government Act 1989.
7. Environmental Sustainability
Nil.
8. Conflict of Interest Considerations
There are no known Conflict of Interest Considerations at the time of administering this Report.
9. Conclusion
It is recommended that Council adopt the proposed Council Meeting Schedule for 2014.
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
7.2.4 Council Meeting Schedule 2014
Attachment 1 Proposed Council Meeting Schedule 2014
Council Meeting Schedule 2014
|
Assembly of Council Pre-Council Community Presentations |
Ordinary Meeting of Council |
Assembly of Council Policy and Strategy |
|
5:00pm |
7.00pm |
5:00pm |
February |
10 (Birchip) |
12 (Wycheproof) |
26 (Donald) |
March |
11 (Tuesday) (Wycheproof) |
12 (Wycheproof) |
26 (Sea Lake) |
April |
7 (Charlton) |
9 (Wycheproof) |
30 (Nullawil) |
May |
12 (Wycheproof) |
14 (Wycheproof) |
28 (Watchem) |
June |
10 (Tuesday) (Birchip) |
11 (Wycheproof) |
25 (Nandaly) |
July |
7 (Culgoa) |
9 (Wycheproof) |
30 (Sea Lake) |
August |
11 (Berriwillock) |
13 (Wycheproof) |
27 (Donald) |
September |
8 (Charlton) |
10 (Wycheproof) |
24 (Wycheproof) |
October |
6 (Sea Lake) |
8 (Wycheproof) |
29 (Birchip) |
November |
10 (Donald) |
12 (Wycheproof) |
26 (Wycheproof) |
December |
8 (Charlton) |
10 (Wycheproof) |
|
15.2.5 Appointment of Council Delegates
Author’s Title: Governance Officer
Department: Office of the CEO File No: GO/06/06
1 ViewProposed List of Council Delegates for Appointment |
Relevance to Council Plan 2013 - 2017
Objective: An organisation committed to active communication and engagement with our community
Strategy: Working with local leaders and organisations to achieve sustainable Shire-wide and local change
Priority: Continue to meet regularly with local business, agricultural, educational, health, community service, recreation, cultural, emergency service and other organisations to share information, encourage participation in local affairs, participate in local and Shire-wide planning activities and to work together to improve liveability and wellbeing
Cr Mather declared an indirect interest in Item 15.2.5 on the basis of his position of Acting Executive Officer of the Alliance of Councils for Rail Freight Development.
Cr Mather vacated the Council Chamber at 8.06pm prior to discussion of this Item.
Cr Tellefson took the Chair at 8.06pm.
That: 1. Council adopt the list of Council Delegates for appointment as tabled.
Seconded: Cr Stuart McLean Carried. |
1. Executive Summary
A proposed list of Council Delegates for appointment is tabled for Council consideration for adoption.
2. Discussion
Council is represented on a diverse range of State, Regional and Local Organisations. Some of these organisations are established by State Statute, or under the Associations Incorporation Act or are effectively informal gatherings of individuals.
The distinctions are important in terms of the status of a Councillor as a member of the respective organisation, the nature of the appointment and their powers to commit Council to expenditure or other action.
Many of the organisations will arrange separate insurance cover for Councillor members.
3. Financial Implications
There are no Capital or Recurrent Financial Implications from this Report.
4. Community Consultation
There has been no Community Consultation to administer this Report.
5. Internal Consultation
The proposed list of Delegates was published on Council’s Dashboard Program and tabled for review by Council at the Assembly of Council held 31 October 2013.
6. Legislative / Policy Implications
Nil.
7. Environmental Sustainability
Nil.
8. Conflict of Interest Considerations
There are no known Conflict of Interest Considerations at the time of administering this Report.
9. Conclusion
It is recommended that Council adopt the tabled list of Council Delegates for appointment.
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
7.2.5 Appointment of Council Delegates
Attachment 1 Proposed List of Council Delegates for Appointment
BULOKE SHIRE COUNCIL
PROPOSED DELEGATE LIST – TABLED FOR ADOPTION
13 NOVEMBER 2013
(No Council Delegate Has The Power To Commit)
ORGANISATION |
CURRENT REPRESENTATIVE |
REPRESENTATION STATUS |
DATE APPOINTED OR REAPPOINTED |
Central Murray Waste Management Group |
Cr Tellefson |
Director – Nominee of Council. |
13 November 2013 |
Wimmera Regional Library Corporation |
Cr Milne and Cr Tellefson |
Nominee of Council |
13 November 2013 |
North West Municipalities Assoc |
Mayor and Cr White |
Councillor Nominee (Mayor and one other Councillor) |
13 November 2013 |
Sea Lake Community Complex Committee |
Cr White |
Member – nominee of Council |
13 November 2013 |
Wimmera Regional Transport Group |
Cr Tellefson (Cr Pollard alternate) |
Member – nominee of Council - Elected Chairperson 28.4.09 |
13 November 2013 |
Municipal Association of Victoria |
Cr Mather and Cr Tellefson as substitute |
Member – nominee of Council |
13 November 2013 |
Workspace Australia
|
Cr Tellefson |
Member – nominee of Council. |
13 November 2013 |
Livestock Saleyards Assoc Vic (rep Mallee Region) |
Cr McLean |
Member – nominee of Council |
13 November 2013 |
ORGANISATION |
CURRENT REPRESENTATIVE |
REPRESENTATION STATUS |
DATE APPOINTED OR REAPPOINTED |
Victorian Feedlot Committee (MAV/State Govt Appointment) |
Cr McLean |
Member – nominee of Council |
13 November 2013 |
North Central Local Learning Employment Network |
Cr Sharp (Cr Tellefson alternate) |
Member – nominee of Council |
13 November 2013 |
Country Fire Authority – Municipal Fire Management Planning Committee |
Cr Pollard, Cr Tellefson and Cr Milne |
Member – nominee of Council |
13 November 2013 |
Calder Highway Improvement Committee |
Cr Pollard |
Member – nominee of Council |
13 November 2013 |
Central Vic Greenhouse Alliance
|
Cr Tellefson and Cr White |
Member – nominee of Council |
13 November 2013 |
Sunraysia Highway Improvement Committee |
Cr Milne (Cr Tellefson alternate) |
Member – nominee of Council |
13 November 2013 |
Business Excellence Awards /Reg Vic Living Expo Committee |
Cr McLean, Cr White and Cr Tellefson |
Member – nominee of Council |
13 November 2013 |
Australian Local Govt Women’s Assoc |
Cr White and Cr Sharp |
Council is a Corporate Member. Individual Cllrs can join at discretion. Nominee of Council.
|
13 November 2013 |
ORGANISATION |
CURRENT REPRESENTATIVE |
REPRESENTATION STATUS |
DATE APPOINTED OR REAPPOINTED |
Charlton Stadium Committee |
Cr Pollard |
Member – nominee of Council |
13 November 2013 |
Buloke and Northern Grampians Landcare Network |
Cr Tellefson |
Member – nominee of Council |
13 November 2013 |
Murray Mallee Regional Transport Group |
Cr White (Cr Pollard alternate rep) |
Member – nominee of Council |
13 November 2013 |
Recreational Water Users Alliance |
Cr Sharp |
Member – nominee of Council |
13 November 2013 |
Rural Council’s Victoria |
Cr Tellefson |
Member – nominee of Council |
13 November 2013 |
Alliance of Councils for Rail Freight Development |
Cr White and Cr Tellefson as substitute |
Member – nominee of Council |
13 November 2013 |
The Charlton Information Resource Centre and Learning Environment (CIRCLE) |
Cr White |
Nominee of Council |
13 November 2013 |
Sunraysia - Mallee Rural Counselling Service |
Cr Tellefson |
Nominee of Council |
13 November 2013 |
Wimmera Mallee Tourism Association |
Cr McLean |
Nominee of Council |
13 November 2013 |
Municipal Emergency Management Planning Comm |
Cr Pollard |
Nominee of Council |
13 November 2013 |
15.2.6 Contract C12 - 2012/13: Architectural and Associated Design Services for the provision of tender documentation for the construction of the Charlton Park Multi-Purpose Facility
Author’s Title: Project Officer
Department: Assets and Infrastructure File No: CP/21/19
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: Continue the development and implementation of plans to protect, maintain and manage Council Assets including Parks, Reserves, Halls, Swimming Pools, Playgrounds, Sports Facilities, Senior Citizen Centres and Preschools
Cr Mather returned to the Council Chamber at 8.08pm prior to discussion of this Item.
Cr Mather resumed Chair of the Meeting.
Cr Pollard declared an indirect interest in Item 15.2.6 on the basis of his membership to the Charlton Park Committee and also being Foundation Member of the Charlton Community Bank.
Cr Pollard vacated the Council Chamber at 8.08pm prior to discussion of this Item.
That the Council: 1. Award the Contract (Contract No. 12 – 2012/13) for the provision of architectural and associated design services for the provision of tender documentation for the construction of the Charlton Park Multi-Purpose Facility to Henderson and Lodge Pty Ltd for the tendered lump sum price of $147,600 excluding GST. 2. Delegate authority to the Chief Executive Officer to approve payments to the Contractor for undertaking the works associated with the Contract.
Seconded: Cr Graeme Milne Carried. |
1. Executive Summary
This contract is for the architectural and associated design services for the provision of tender documentation for the construction of the Charlton Park Multi Purpose facility.
Council has been involved in the continuing development of this project over the past seven years.
Following a public meeting in July 2006, the Charlton Park 2020 committee was formed as a sub-committee of the Charlton Park Recreation Reserve committee of management. The subcommittee is still active and its purpose is to focus specifically on the long term future of the Park.
In 2008, the Buloke Shire Council commissioned a Feasibility Study at Charlton Park which was completed by Insight Leisure Planning in August 2009. The findings of this study where that many of the buildings at the Park should be rationalised at the reserve and proposed the development of a multi-purpose community facility. The community was widely consulted throughout its development including discussions with representatives from the Buloke Shire staff, Buloke Shire Councillors from the Avoca ward, Charlton Health Group, Charlton Pony Club, Charlton football and netball clubs, Charlton Agricultural and Pastoral Society, Charlton 2020 Committee, Charlton P-12 College, Charlton Tennis Club and a written survey was distributed throughout the community via post. This feasibility study recommended a double storey building with an estimated 1 661m2 area.
In light of these recommendations and in the aftermath of flooding of the park in September 2010 and January 2011, Council applied for funding through RDV’s ‘Planning for Tomorrow’ program to engage a design firm to provide schematic and design development for a proposed multi-purpose facility. The application was successful and in August 2011, Baade Harbour Australia Pty Ltd were awarded the contract. The same user groups were consulted as per the feasibility study and additionally, the Angling Club, Golf associates and Charlton Forum were invited to provide input.
Funding was received by Regional Development Victoria through Planning for Tomorrow and the Charlton Park 2020 Committee for the next phase of the project. This includes the development of full construction plans, including all services, geotechnical, mechanical, landscape, hydraulic plans and tender specifications. This stage will also include a full quantity surveyor estimate.
This outcome will see the community and Council to be ‘shovel ready’ for this project and be in a much more competitive position to gain funding for the construction of the multi-purpose facility.
2. Discussion
The tendering arrangements for this contract was a two stage process.
Initially, Council called for Expression of Interest submissions to assess the capability and capacity of respondents to undertake the project. This closed at 2:00pm on Tuesday 25th June 2013.
Fourteen Expression of Interest submissions were received and evaluated and a short list of the five most suitable respondents were invited to tender for the consultancy work.
These firms were:
· Baade Harbour Australia Pty Ltd
· Brand Architects Pty Ltd
· Henderson & Lodge Pty Ltd
· Antarctica Group Pty Ltd
· Williams Boag Architects Pty Ltd
At the closing date of tenders, which was at 2:00pm on Thursday 26th September, all five firms had submitted a conforming tender.
The Henderson and Lodge Pty Ltd tender submission was the lowest priced tender received and within the allocated budget for the project.
The Evaluation Panel having undertaken its evaluation reached the following conclusions –
· The tender submission from Henderson and Lodge Pty Ltd is the lowest priced of the combined lump sum prices submitted.
· Henderson and Lodge Pty Ltd has the expertise and capability required to undertake the work having satisfied the selection criteria of the Expression of Interest process.
· No other tender offers a more beneficial or better financial outcome for Council than the tender submitted by Henderson and Lodge Pty Ltd in the context of the combined lump sum prices submitted.
3. Financial Implications
This contract is funded by the Regional Development Victoria (Planning for Tomorrow) and the local community through the Charlton Park 2020 committee.
The tendered price is within the set budget ($200,000) for this project.
4. Community Consultation
The community have been widely consulted throughout this project. A project liaison committee consisting of three representatives of the Charlton Park 2020 committee was appointed to oversee this contract.
There has been a significant amount of community consultation during the feasibility study and design development stages of this project and therefore the major parameters of the current concept designs are agreed on. There will, however, be further consultation in this stage which will be specific to the detailed design of the building.
5. Internal Consultation
Council staff were included in the consultation phases of the feasibility study and the design development stages.
6. Legislative / Policy Implications
Nil
7. Environmental Sustainability
Where possible, building elements that incorporate environmentally sustainable design principals will be included in the specifications and documentation.
8. Conflict of Interest Considerations
Nil
9. Conclusion
The tender submission from Henderson and Lodge Pty Ltd is the lowest of the combined lump sum price submitted. They have the expertise and capability required to undertake the work having satisfied the selection criteria of the expression of interest and tender process.
The Evaluation Panel, having regard for the above, recommend that the Council:
· Award the Contract (Contract No. 12 – 2012/13) for the provision of architectural and associated design services for the provision of tender documentation for the construction of the Charlton Park Multi-Purpose Facility to Henderson and Lodge Pty Ltd for the tendered lump sum price of $147,600 excluding GST.
· Delegate authority to the Chief Executive Officer to approve payments to the Contractor for undertaking the works associated with the Contract.
15.2.7 Municipal Public Health and Wellbeing Plan 2013-2017
Author’s Title: Manager Assets & Infrastructure
Department: Assets and Infrastructure File No: PH/14/08
1 ViewMunicipal Public Health and Wellbeing Plan 2 ViewBuloke Municipal Health Scan |
Relevance to Council Plan 2013 - 2017
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: Working with the community to make Buloke an even better place to live
Priority: Advocating for improved health outcomes
Cr Pollard returned to the Council Chamber prior to discussion of Item 15.2.7 at 8.11pm.
That: 1. The Council adopt and implement the Buloke Shire Council Municipal Public Health and Wellbeing Plan 2013-17.
Seconded: Cr Stuart McLean Carried. |
1. Executive Summary
All Councils in Victoria are required by legislation to develop a four year Municipal Public Health and Wellbeing Plan (MPHWP) within twelve months of a new council. The MPHWP documents the health status of the municipality and identifies goals and strategies to protect, promote and improve community health and wellbeing.
The legislation requires Council to include the following aspects in its MPHWP:
· An examination of data about the health status of the Shire;
· Evidence-based goals and strategies to improve community health and wellbeing ;
· Involvement of the community in development, implementation and evaluation processes; and
· How Council will work in partnership with the Department of Health and other agencies to achieve the community health and wellbeing priorities.
The MPHWP provides a platform for Council, relevant agencies and stakeholder groups, and the community to identify and plan for public health services and programs. As a result the MPHWP provides a framework for innovative public health programs, reducing unnecessary gaps and enhancing the accountability for the performance of public health outcomes at a localised level.
Through this Plan, Council is committed to working in partnership with key agencies so that together we can create a healthier community where all people:
· Have access to a range of opportunities that help them to stay active and healthy;
· Feel supported to make decisions that determine their own health and wellbeing;
· Feel that they can contribute to community decision making; and
· People are recognised and valued for their contribution to the community.
2. Discussion
In early 2013, Council began the process of developing its MPHWP.
The MPHWP development was overseen by a range of internal inter-departmental Council staff, in collaboration with key local health care providers. The process adopted included:
· Review of Community Profile
· Review of 2010-2013 Municipal Public Health and Wellbeing Plan
· Municipal Scan and Gap Analysis
· Workshops and interviews with key external stakeholders
· Workshops with Council Staff
· Community Consultation sessions
During the development of the MPHWP it became apparent that in order to achieve maximum health and wellbeing of the Buloke Shire community, Council need to approach key strategies in the following way:
· Collaboration: Health and Wellbeing actions could be achieved by Council partnering with other agencies, government department, businesses and industry within the community.
· Advocacy: Council can play an important role to lobby for issues that matter to the community. A number of platforms are available for this being government, representation at industry forums and speaking at relevant conferences.
· Service Delivery: Council has limited capacity to deliver a broad range of health services to the community. It is important for Council to partner with key health care providers within the region to ensure service gaps may be met.
· Regulate and Plan: To create an economically, environmentally and socially health society, Council must regulate and plan in order to achieve these outcomes.
During the development phase of the MPHWP, four priority areas were identified:
· To create and maintain safe, accessible and supportive environments for the community,
· To support local initiatives that will provide an economic benefit to towns and communities,
· To promote and encourage healthy and active lifestyle,
· To work in collaboration with key stakeholders to identify, advocate and deliver a range of health services to the local community.
An Action Plan has been developed from these key priorities, which specifies objectives, actions, outcomes, timeframes and the responsible agency.
The overall management and implementation of the MPHWP will be undertaken by Council. This will involve:
· Managing the future planning processes associated with the ongoing development of the Public Health & Wellbeing Plan;
· Identify, analyse and recommend amendments to the plan in response to public health policy changes;
· Advise and make recommendations to Council on the progress of the plan;
· Ensure that appropriate evaluation methods and performance indicators are developed to measure the impact of strategies and initiatives adopted by the Plan; and
· Undertake an annual review of the Plan and report to Council.
After adoption by Council of the Plan it is intended that the identified priorities and strategies will be incorporated and implemented through the relevant department service plans within Council.
Implementation of the plan during the first year will primarily focus on consolidating key partnerships which will assist in addressing the health priorities’ identified. Collaboration with both internal and external agencies is critical to the success of the plan. Council’s involvement on, and engagement through, the Buloke Strategic Health and Wellbeing Committee will ensure that strategies identified are supported and undertaken during the life cycle of the plan.
The Plan will have a life of four years however will be reviewed annually. In 2017 the plan will be evaluated and subsequently re-developed into a new plan linked to the new Council Plan.
3. Financial Implications
Throughout the development of this Plan, and the actions required, the project steering committee have been mindful of any significant resourcing requirements. There was a focus on ensuring that the Plan is achievable within the current level of human resources available to Council. Many of the actions require partnerships and working with other key health agencies.
4. Community Consultation
There has been a significant effort to consult with key health agencies and the wider community in the development and final review of the Plan. Meetings and consultation have been held with the following agencies:
· Southern Mallee Primary Care Partnership
· East Wimmera Health Services
· Loddon Mallee Track
· NCLLEN
· Medicare Locals
· Department of Health, Loddon Mallee Region.
Community consultation and information sessions were also held in Donald and Sea Lake.
Council has also advertised for submissions and feedback from the community on the draft plan.
5. Internal Consultation
A range of internal staff from the Chief Executive Department, Assets and Infrastructure Department and Community Services Department have worked together in the development of this Plan.
Councillors have also provided feedback at a briefing session in July and ongoing feedback on the plan in its draft stages.
6. Legislative / Policy Implications
The legislative requirement for Council to develop a MPHWP is specified in Section 26(1) of the Victorian Public Health and Wellbeing Act (2008).
The Act requires the MPHWP to be consistent with the Council Plan and Municipal Strategic Statement (MSS), to have regard to the Victorian Public Health and Wellbeing Plan 2011-2015 and the Climate Change Act and be reviewed annually.
The Council Plan cites the requirement to adopt and implement the Municipal Health and Wellbeing Plan 2013-2017.
7. Environmental Sustainability
Consistent with the Council Plan, this Plan references the need for Council to continue to be a local leader in implementing environmental sustainable design initiatives and reducing our carbon footprint.
8. Conflict of Interest Considerations
Nil
9. Conclusion
Through the Municipal Public Health and Wellbeing Planning process, the project steering group have undertaken a large amount of research and consultative work to collate the key strategic priorities and outcomes for Council.
It is recommended that the Council adopt and implement the Buloke Shire Council Municipal Public Health and Wellbeing Plan 2013-17.
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
7.2.7 Municipal Public Health and Wellbeing Plan 2013-2017
Attachment 1 Municipal Public Health and Wellbeing Plan
Buloke Shire Council Ordinary Meeting Wednesday, 13 November 2013
7.2.7 Municipal Public Health and Wellbeing Plan 2013-2017
Attachment 1 Municipal Public Health and Wellbeing Plan
Buloke Shire Council Ordinary Meeting Wednesday, 13 November 2013
7.2.7 Municipal Public Health and Wellbeing Plan 2013-2017
Attachment 1 Municipal Public Health and Wellbeing Plan
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
7.2.7 Municipal Public Health and Wellbeing Plan 2013-2017
Attachment 2 Buloke Municipal Health Scan
Buloke Shire Council Ordinary Meeting Wednesday, 13 November 2013
7.2.7 Municipal Public Health and Wellbeing Plan 2013-2017
Attachment 2 Buloke Municipal Health Scan
Buloke Shire Council Ordinary Meeting Wednesday, 13 November 2013
7.2.7 Municipal Public Health and Wellbeing Plan 2013-2017
Attachment 2 Buloke Municipal Health Scan
15.3 Financial Reports
15.3.1 Finance Report as at 31 October 2013
Author’s Title: Manager Finance
Department: Finance File No: 0213
1 ViewFinancial Statements October 2013. 2 ViewDepartmental Financial Reports. 3 ViewCapital Expenditure Report OCtober 2013. |
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: Ensure all major projects and strategies are informed through community and stakeholder consultation which is guided by Council’s community consultation framework and, where relevant, appropriate Advisory Committees and/or consultative mechanisms
That: 1. Council note the Financial Report for the month of October 2013 which includes income statement, balance sheet and cash flow statement. 2. Note variance explanations and details of year to date Capital Works expenditure for the month ending 30 October 2013.
Seconded: Cr Graeme Milne Carried. |
1. Executive Summary
This report is prepared in line with the current Council meeting timetable and provides Council with an update of the financial situation as at the end of October 2013.
Comments on variances are based on the Budget 2013/14 adopted by Council on 28 August 2013.
The report includes a summary of capital works undertaken so far this year.
A total of $7.6M has been spent on capital works year to date. The C6 and C12 flood road works projects have had $6.4M of roads completed at the end of September.
The flood road works are currently running $2.8M behind the budgeted schedule year to date. The works program is being reviewed and it is anticipated that the backlog will be reduced over the coming months. Negotiations have commenced with the contractor to accelerate the works program.
Generally other capital works are in line with expectations.
The following table highlights the major areas of capital expenditure in summary form.
The table below summarises the key financial data in the income statement.
The net result year to date shows a $0.5M positive variance year to date. The key factor contributing to this is $0.448M underspent in materials and services.
The net surplus from operations year to date is $5.7M. This is due to raising of rates and charges. Rate notices have been sent out and the first wave of payments have been received. The next quarterly payments are due in November.
It should be noted that $4.5 M of flood grants were received during the month bringing the level of flood grants year to date in line with budget and reversing the significant negative variance from the previous month.
2. Discussion
Capital Budget
Capital works of $7.6M have been completed for the year to date. More than $2.8 million of capital works have been completed in the past month. As expected the majority of these works were the $1.8 M of Flood works.
Non flood related capital expenditure of $1.6 M has been spent year to date. This is $0.6 million less than budget as a number of items have been delayed (including the Berriwillock Multi-Purpose Centre) or rescheduled to occur later in the year.
A detailed progress report on works completed and or commenced year to date is provided as an attachment to this report.
Unbudgeted capital expenditure that has been carried over from the previous year totals approximately $76k year to date. Other capital projects will, need to be reviewed or deferred if the budgeted expenditure is to remain on target at year end.
Income Statement
The year to date operating result is a net surplus of $5.6 million. This is $0.5M better than the budgeted year to date result.
Revenue has come in marginally over budget year to date with a positive variance of $22k. However, this is mainly due to capital grants forecast for later in the year being received earlier than forecast. This is a timing difference and the positive variance is not expected to continue through the remainder of the year.
Total expenses of $8.3M are $500,000 better than budget mainly due to materials and services. However, a substantial amount of this is related to timing differences which will bring the expenditure closer to budget in the coming months as contracted and necessary tasks are completed.
Savings of $28,000 have been made year to date in Corporate Services Administration. However, these are mainly timing difference for invoices for white pages, Council Plan, Annual Report.
These will be absorbed during November and December. Photocopying usage less than predicted and mobile usage is less than predicted bur has been offset by landline overspend.
Cash Position
The current cash position shows Council with an overdraft balance of $1.3M (Council has a $4.5 million overdraft facility). This figure is expected to continue to increase as substantial capital expenditure is undertaken over the coming months. Council is not expected to be in a positive cash position again until February when the majority of rate receipts are received.
Council needs to closely monitor cash flows over the coming months to ensure that capital projects can be undertaken and completed as scheduled in the budget.
A cash flow moving forward to the end of the financial year has been prepared to keep council informed of the future cash position going forward.
The receipt of advance funding is crucial if Council is to complete the substantive works scheduled for this year. Council is keeping in constant contact with the Department of Treasury and Finance and Local Government Victoria to keep them up to date with council’s current cash position and ongoing requirement of advance payments.
3. Financial Implications
The financial implications relating to the information contained in this report are outlined within the body of the report and in the supplementary financial statements provided as an attachment.
4. Community Consultation
No Consultation with the community was required in the production of this report
5. Internal Consultation
Consultation with the various operational managers was undertaken to source information relating to any significant variances.
6. Legislative / Policy Implications
This report is prepared to meet the Legislative requirements related to reporting Council’s financial situation to Council.
7. Environmental Sustainability
There are no environmental impacts as a result of the preparation of this report.
8. Conflict of Interest Considerations
There are no matters or recommendations in this report that constitute a conflict of interest
9. Conclusion
The reporting requirements to report the financial situation of Council as at the end of the previous month and year to date to the end of that period have been met.
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
7.3.1 Finance Report as at 31 October 2013
Attachment 1 Financial Statements October 2013.
Buloke Shire Council Ordinary Meeting Wednesday, 13 November 2013
7.3.1 Finance Report as at 31 October 2013
Attachment 1 Financial Statements October 2013.
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
7.3.1 Finance Report as at 31 October 2013
Attachment 2 Departmental Financial Reports.
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
7.3.1 Finance Report as at 31 October 2013
Attachment 3 Capital Expenditure Report OCtober 2013.
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
Council to note the Councillor Delegate Reports as presented.
Seconded: Cr ellen white Carried. |
Cr Stuart McLean
22 October 2013 Glenloth East Landcare Meeting (New Group) – Weeds Identification Day
25 October Buloke Flood Plan Meeting – Wycheproof
30 October Assembly of Council – Birchip
2 November Wycheproof Race Meeting
6 November Acting Chief Executive Officer Interviews – Melbourne
7 November Buloke Flood Plan Meeting – Wycheproof
8 November Agrifoods Meeting – Wycheproof
11 November Assembly of Council – Donald
13 November Ordinary Meeting of Council – Wycheproof
Council to note the Councillor Activity Reports as presented. Seconded: Cr Stuart McLean Carried. |
17. OTHER BUSINESS
17.1.1 Petition - Kerbside Waste Service in Nandaly and Outlying Areas
Author’s Title: Manager Works & Corporate Services
Department: Works and Corporate Services File No: WM/07/01
1 ViewNandaly Kerbside Waste & Recycling Collection Petition 2 ViewNandaly Waste Collection Options - Maps |
Relevance to Council Plan 2013 - 2017
Objective: A Shire working with the community to reduce our carbon footprint, protect and enhance the natural environment and share experiences and information
Strategy: Providing services and advice to the community to assist in reducing its impact on our natural environment
Priority: Continuing to implement the Waste Wise Program to help reduce the amount of waste that goes to landfill
That: 1. On behalf of Council, the Manager Works and Corporate Services write to the author of the petition, Ms Dione McGarry, advising that as part of the tender evaluation process, Council will consider the request to extend the current Nandaly waste collection service to include bin pickups at Nyarrin and Ninda. 2. That any extension to the current contract will need to be carefully considered to ensure that the provision of waste and recycling kerbside collection services across the Buloke Shire remains cost neutral and is self funded.
Seconded: Cr Ellen White Carried. |
1. Executive Summary
Council’s Meeting Procedure and Common Seal Local Law No 9 (Incorporating No. 11 and 12) requires a Petition or Joint Letter to be laid on the Table at an Ordinary Meeting of Council followed by a report to the next Ordinary Meeting outlining an investigation of the matter/s raised by the petitioners/authors and any recommendations arising from that investigation.
A Petition Letter supported by twenty-five (25) signatories was received by Council on 18 September 2013. The petition referenced the kerbside waste collection service in Nandaly and outlying areas. The author of the petition, Dione McGarry, on behalf of the signatories, acknowledges that Council is currently in the process of reviewing its current provision of Waste and Kerbside Collection Services and requests that Council extend the current Nandaly collection to include bin pickups at Nyarrin and Ninda.
A copy of the letter received is appended.
In July 2013, Council’s Manager Works and Corporate Services met with a number of Nandaly residents. One of the issues discussed at the gathering was the future of waste and recycling collection services in the Nandaly area. Nandaly residents received correspondence from Council in August 2013 advising of the closure of the Nandaly landfill and advice regarding the process involved with the provision of current and future kerbside waste and recycling services.
2. Discussion
Council’s current Waste and Recycling Kerbside Collection Contract concludes on 30 June 2014. Tender documents are currently being prepared for the new contract. It is proposed to advertise for tender will take place in November 2013. Four additional routes have been included in the tender specifications. Two of the proposed routes are in the Nandaly area. A copy of the maps of the Nandaly routes is appended to this report.
At the Assembly Meeting on 25 September 2013, Council was briefed on progress with regard to the tender process.
Service provision and entitlements for Council’s kerbside waste and recycling services need to be considered in the context of the overall cost burden on the entire Buloke Shire community. The main issues that need to be considered with regard to extending the current contract include:
Increasing cost of waste disposal services
Waste collection runs to remain on sealed roads
Meeting the requirements and expectations of State Government waste management and safety legislation (EPA, DEPI, OH&S Act)
Changes to unlicensed landfill regulations pending
If Council were to extend the current run there would be increased volume of waste and recycling collected as well as increased kilometres travelled. Increased volumes of waste will require either an additional vehicle or a larger vehicle to transport waste and recycling to the appropriate drop off points. Council’s waste contractor is already under pressure to collect waste and recycling without increasing the number of trips or the size of the vehicle.
The above items will be considered as part of the tender. The tender process remains “commercial in confidence”. Until such times as Council are presented with the final outcome of the tender process, and are in a position to accept the successful tender, Council are unable to determine if the additional route options will be included in the future waste and recycling collection services.
3. Financial Implications
Unable to determine overall financial implications until the tender process has been finalised.
4. Community Consultation
In July 2013, Council’s Manager Works and Corporate Services met with a number of Nandaly residents.
Nandaly residents received correspondence from Council in August 2013 advising of the closure of the Nandaly landfill and advice regarding Council’s current and future kerbside waste and recycling contracts.
Councillors Mather and White met with residents in September 2013.
5. Internal Consultation
Meetings between management, Urban & Environment staff and Procurement resulting in ongoing collaboration in the development of the tender specifications for the kerbside waste and recycling tender.
Manager Works & Corporate Services has sought advice from the Assistant Manager Urban Areas & Environment and the Superintendent Waste & Environment.
Meetings and consultation have been held with the CMRWMG as recently as 19 June 2013 to discuss contemporary waste management practices.
6. Legislative / Policy Implications
The petition is being dealt with in accord with Council’s Meeting Procedure Local Law No 9 (Incorporating No 11).
Buloke Shire Council Plan
Buloke Shire Waste Management Strategy 2012 - 2022
Kerbside Waste & Recycling Collection Services Policy
7. Environmental Sustainability
Kerbside waste collection has an impact on the disposal of materials to landfill. While this is the least preferred management option for waste, kerbside waste collections will continue to be required to manage those wastes that cannot be practically removed from the waste stream.
8. Conflict of Interest Considerations
There are no known Conflict of Interest considerations at the time of writing this report
9. Conclusion
It is recommended that the Manager Works and Corporate Services write, on behalf of Council, to the author of the petition, Dione McGarry advising the following:
1. Council will consider the request to extend the current Nandaly waste collection service to include bin pickups at Nyarrin and Ninda.
2. Any extension to the current contract will need to be carefully considered to ensure that the provision of waste and recycling kerbside collection services across the Buloke Shire remains cost neutral and is self funded.
3. The tender process is “commercial in confidence”. Until such times as Council are presented with the final outcome of the tender process and are in a position to accept the successful tender, Council are unable to determine if the additional route options will be included in the future waste and recycling collection services.
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
9.1.1 Petition - Kerbside Waste Service in Nandaly and Outlying Areas
Attachment 1 Nandaly Kerbside Waste & Recycling Collection Petition
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
9.1.1 Petition - Kerbside Waste Service in Nandaly and Outlying Areas
Attachment 2 Nandaly Waste Collection Options - Maps
NANDALY NORTH OPTION
NANDALY SOUTH OPTION
Buloke Shire Council Ordinary Meeting Minutes Wednesday, 13 November 2013
17.2.1 Policing In The Buloke Shire (Cr Gail Sharp) (GR/17/10) |
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That the Council escalate its advocacy efforts to improve the policing levels in our Shire by writing to the Minister for Police and Emergency Services, The Hon Kim Wells, and the Member for Swan Hill, The Hon Peter Walsh, to: - Highlight the police resourcing level in the Buloke Shire region is currently inadequate, particularly since the removal of an officer from the Birchip Station; and - Request an additional full-time Police Member be allocated to the Buloke Shire area that can be shared across our Shire. Seconded: Cr Graeme Milne Carried. |
17.3 Questions from Councillors
17.4 Questions from the Public
17.5 Any Other Procedural Matter
18. MATTERS THAT MAY EXCLUDE THE PUBLIC
Meeting closed at 8.45pm.