council minutes collated - indigo shire · pdf filemission statement: ... vision statement:...

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ORDINARY COUNCIL MINUTES - 8 MAY 2012

Mission Statement:

To support and develop a sustainable, thriving and resilient Community

through leadership and partnership.

TO BE HELD: Tuesday, 8 May 2012 at 3pm

LOCATION: Centenary Hall, Wooragee

REQUIRED TO ATTEND: Councillors: Senior Management/Officers:

Larry Goldsworthy – Mayor Brendan McGrath – CEO

Peter Croucher – Deputy Mayor Greg Pinkerton

Bernard Gaffney Mark Florence

Ali Pockley Alan Clark

Vic Issell Roberta Baker

Barbara Murdoch Robert Uebergang

Peter Graham Fiona Shanks

Frank Bonacci

APOLOGIES: Nil.

Vision Statement:

INDIGO – A great place to live, work and visit.

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TABLE OF CONTENTS

1. WELCOME.....................................................................................................................................4

THE MAYOR WELCOMED ALL THOSE IN ATTENDANCE.........................................................4

2. OPENING PRAYER & ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF THE LAND......................................................................................................................................4

3. APOLOGIES AND LEAVE OF ABSENCE ....................................................................................4

4. DECLARATION OF CONFLICT OF INTEREST ............................................................................4

5. OPEN FORUM ...............................................................................................................................4

6. CONDOLENCES............................................................................................................................9

7. CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S) ................................................9

8. BUSINESS ARISING FROM PREVIOUS MINUTES......................................................................9

9. DEPUTATIONS AND PETITIONS ...............................................................................................10

10. CORPORATE SERVICES............................................................................................................11

10.1 Finance Report - March 2012.............................................................................................11

10.2 Consideration Of The Draft Indigo Shire Council Budget 2012/13 Pursuant To Sections 127 & 128 Of The Local Government Act 1989 ...................................................13

10.3 New Lease Agreement - Beechworth Depot.......................................................................19

10.4 VAGO Local Government Results - FY11 ..........................................................................21

10.5 2011-12 Loan Approval ......................................................................................................32

10.6 Advisory Committees and Assembly of Councillors Record ...............................................35

11. SUSTAINABLE COMMUNITIES..................................................................................................37

12. MAJOR PROJECTS AND PROGRAMS......................................................................................38

12.1 Naming of Un-named Roads ..............................................................................................38

12.2 Drainage Asset Management Plan .....................................................................................40

13. GOVERNANCE............................................................................................................................44

13.1 Council Office Accommodation Design ..............................................................................44

13.2 Beechworth Trees Consultative Group...............................................................................58

13.3 Current Enforcement Matter ...............................................................................................61

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14. NOTICES OF MOTION.................................................................................................................62

14.1 Council Offices - Yackandandah ........................................................................................62

14.2 Council Offices - Beechworth .............................................................................................62

15. GENERAL BUSINESS.................................................................................................................63

15.1 Certificate of Appreciation ..................................................................................................63

15.2 Lake Sambell......................................................................................................................63

15.3 Skeleton Hill .......................................................................................................................63

16. COMMITTEE AND DELEGATES REPORTS (ARE ALL FOR INFORMATION ONLY) ..............64

16.1 Cr Larry Goldsworthy - Mayor.............................................................................................64

16.2 Cr Peter Croucher - Deputy Mayor .....................................................................................65

16.3 Cr Ali Pockley - Councillor ..................................................................................................66

16.4 Cr Bernard Gaffney - Councillor .........................................................................................67

16.5 Cr Peter Graham - Councillor .............................................................................................68

16.6 Cr Vic Issell - Councillor .....................................................................................................69

16.7 Cr Barb Murdoch - Councillor .............................................................................................70

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1. WELCOME

The Mayor welcomed all those in attendance.

2. OPENING PRAYER & ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF THE LAND

Cr Croucher read the opening prayer and acknowledged the traditional owners of the land. Cr Croucher introduced Riley Nankervis, Junior Councillor from Wooragee Primary School.

3. APOLOGIES AND LEAVE OF ABSENCE

Nil.

4. DECLARATION OF CONFLICT OF INTEREST

Nil.

5. OPEN FORUM

Several questions were received in writing at the commencement of the Council Meeting as follows:

PAM THOMAS

I am Pamela Thomas, a resident and rate payer of Indigo Shire since October 2010, having relocated to the Shire from Melbourne. I wont say that I am retired, as I have found my dismay that many people raise their voices an octave or two when I am spoken to. Rather, let me say that I am “in transition”. A. BACKGROUND

It is widely believed that the current tenure of at least four Council members cease in five months time when Council will proceed into caretaker mode around 26 September followed by the State Council election in October 2012.

Question 1A What due diligence and good governance principles have been implemented by this

outgoing Council and Council personnel to ensure that their actions will not leave costly legacies for an incoming Council and the wider community during predicted difficult financial conditions?

Council is governed by the Local Government Act and endeavours to follow all of Local

Government Victoria’s practice guidelines. In relation to the caretaker period Council adopted a Caretaker Policy at its last Council Meeting.

B. BACKGROUND Are Council members, the CEO and Council personnel aware of the predicted severe belt tightening being announced by both Federal and Statement Government due to massive decline of revenue income such as GST and taxation? Such drastic cuts will affect all funding for essential services at all levels of Government, i.e. Federal, State and local, especially rural areas.

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Question 1B What is Indigo Shire Council doing to plan for diminished income and what Shire-wide

essential services, infrastructure repair and upgrades will be sacrificed or ignored in the process?

Council is aware of current economic climate at both State and Federal levels and Council has a

four year Strategic Plan set out in the budget for service delivery and infrastructure development. SANDRA WILLIAMS 1. Regarding recommendation 1. in Section 13.1 Council Office Accommodation Design,

which states that Council “endorse option C design for inclusion in the Town Planning Permit Application for Beechworth”……why have Council, in concluding that the “Issue now is design” (only), summarily dismissed the opinion of 18.6% of respondents in written submissions, who were found to be against the WHOLE PROJECT, together with the bulk of remaining writers against either the chosen Beechworth site or design? Overall, only 20% of submissions showed confidence in Council’s decision.

Council made a decision on location last year. The current process is therefore focused mainly

on design. Cr Gaffney advised that to date there have been 198 submissions were received 18 in favour and the rest were against.

2. In considering all submissions, what weighting was placed on that of the Beechworth

Chamber of Commerce and Industry, as opposed to general public expressions…especially in light of the fact reported in Saturday May 5 Border Mail that 20 plus businesses have openly declared their feeling of disfranchisement with the response formulated by the Executive of the BCCI?

There has been no weighting applied to any submissions, they are all treated the same. 3. Why is the new Beechworth building design, option C not being widely advertised to the

public, considering that it is such a contentious issue? Up until less than 24 hours prior to Council’s Meeting today, it was buried on page 305 of Attachments to today’s Agenda before now being placed on the latest news section of Council’s website.

The plan has not been treated any differently to any other. It has been advertised and if there is a

resolution to support the plan then Council will promote that widely and make it easily accessible. JIM DIDOLIS If building new offices in Yackandandah is done to assist the local petrol consortium in

remaining viable as a business, then why is this point more important than achieving the annual savings of $670,000 based on having all offices to be located in Beechworth, as recommended in the Council’s own appointed consultant reports?

Why have the Council ignored their consultants advice and waste up to $500,000 of

ratepayers money? The decision of Council was made in September 2011 whether it would be split or single sites.

There are social and economic considerations as well as financial implications, the viability of the local business are considered important. which were not the sole decision but something Council needed to take into consideration.

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At a save Beechworth Heritage movement meeting on 9 April 2012 the CEO stated that all options for alternative office sites had been exhausted. Yet by the CEO’s own admission no feasibility study on the La Trobe site has ever been done. Central position and ease of finding the Council offices if located in La Trobe do not cut it as sufficient explanation. It is not to late to examine the La Tribe site as it is an ideal location in which all Council office and administration could be housed. Pleas explain why this site should not be considered.

Over the last 6-7 years there has been number of feasibility assessments done. In 2007 La

Trobe was one of 16 sites that were shortlisted for more detailed investigation, before a further shortlist of 7-8 options were considered. La Trobe was not included in that final shortlist.

Is there any truth to the rumours that up to four Councillors will not be seeking re relection

at the next Council elections. Also is the CEO also considering moving on? If so why would you leave us with this mess (new office project). Why not wait, make it an election issue, and allow the ratepayers of Indigo Shire to decide at the next Council elections?

It is up the individual Councillor to advise people if they wish, if they will still be standing for

Council. The CEO is not looking at moving on. This issue has been ongoing since 2007 and Council has been working its way through it. MAURIS OLDIS This “new improved version” of the Council’s office proposal morphed from:- “a portable

classroom on stilts” to a battery hen factory above a self storage facility. Why cant the Council see that any building in the heritage area cannot be justified aesthetically?

The design is something everyone would have their own view on. This item is listed on the

agenda today and a decision will be made when this matter is dealt with. What has the council done to promote heritage in the town in the last 6 years? I have suggested in the press that the Council is disconnected, even antagonistic, to

Beechworth’s heritage and landscape. What has this Council done to enhance, promote or develop heritage and landscape in this town?

Council invests heavily in heritage and acknowledges communities input. Council spends a lot of

money maintaining heritage gardens around the Shire, and has a Tourism Advisory Committee which Council staff and Councillors sit on. Council has contributed significant funds to the Burke Museum, and made applications to obtain grants relating to heritage buildings. 1.8 million dollars was spent in the last financial year on tourism.

JILL JARVIS-WILLS Why the rush to push signing this off, after such a massive outcry form the ratepayers via

submissions, public meetings and the unprecedented letters to the Editor? Is there another agenda we are unaware of?

There is no other agenda Council are looking for the best outcome for the staff and the

community.

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MARK STEPHENS Why was only one Architect commissioned to present plans for new Council offices before

the public were given the chance to view concept drawings from at least three others, and why have the plans been hidden deep in the Council website rather than boldly displayed at all Council offices? Also, why has only one artist been commissioned to supply works of art where the opportunity exists for many fine local artists to be represented?

There has been no artist commissioned to undertake artwork. Council has a policy stating that a

certain percentage of money will be spent on public art. It wouldn’t be workable to commission more than one Architect to complete the project. Three architects were shortlisted and considered.

HELEN FREEMAN What community projects will go on hold or be totally ignored because of the cost of new

buildings/extensions and duplication of offices? From a financial perspective this is a good time to carry out the project as Council has just over 2

million dollars of state funding. Forward planning assumed Council would borrow between 4-4.5 million, Council only have to borrow half that. The projection is 1 million dollars in the coming financial year, and another million the following year. Our current borrowing rate is a little over 6%. Given this has been in planning for years Council hasn’t pushed anything aside to allow for this project. Council is also receiving an additional $1M per year for four years for roads and bridges, so it has the capacity to continue the “normal” program.

WENDY STEPHENS Does Council realise that the new office issue should be regarded as part of a bigger

picture involving the preservation of Beechworth heritage? We have recently seen widespread modernisation and the insidious erosion of our heritage, with regards to signage, private housing, trees, the invasion of poker machines, the destruction of the historic building façade above the ice cream shop, the lack of action regarding the damage at Lake Sambell, and the disgraceful state of the Town Hall Gardens.

Council has a Heritage Advisory Committee which includes three Councillors. Council deals

within the guidelines as best it can. In relation to the ice-cream shop, the owners have been requested to replace that wall. The Town Hall Gardens issue has been addressed and a Arborist from Heritage Vic has inspected the trees and Council is in negotiation with them about releasing a joint public statement. The work carried out was to remove damaged and diseased branches.

IRIS MANNIK Is it true that the Burke Museum not only couldn’t extend into the car park, and were

unable to even have a storage unit in the same area concealed by plantings? Has Shire taken into account the necessity of storage area and expansion for the Burke Museum?

The current plans make provision for future extensions of the Burke Museum. Council has had

discussions with the Advisory Committee of the Burke Museum and its Manager. In relation to temporary storage Council received requests for a tin shed to be removed, which it has.

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HEIDI FREEMAN There is rage out there in the community against these new offices and the people want

you to stop and make this an election issue and we ask you to hold a referendum. We want to make the question at the referendum: Are you against the new Council office in our heritage precinct yes or no. Why not call a referendum on this issue?

In 2008 this was a contentious issue. Council has discussed this issue in depth since then and

are still elected officials to do a job. JOY LEE MADE THE FOLLOWING STATEMENT: “I has been listening to this issue for seven years and that Beechworth is not the only town in the

Shire. We all have to compromise sometimes, we have a duty of care to give staff a descent safe working area which they haven’t got. Get it over and done with and money and staff time can go into more Shire and time we think of the Shire as a whole”.

CHRISTINE STEWART TABLED A LETTER FROM ALAN FRENCH Presumably there was a response to this letter and Council will search its records. Council owns

this building. In relation to memorial sites and developments of these sites, memorial status does not reclude redevelopment as long as there is ongoing acknowledgement that they are memorial sites.

ROBIN MCLEISH RAISED THE TREE REMOVAL ISSUE AT INDIGO VALLEY Will the findings be made confidential? Were the CFA and the road safety authorities

consulted and approved the unplanned planting of 800 trees? The following joint statement was made:

• Council has met with Miss Elligate and her representatives • Council has agreed on the protection of several thousand existing native trees which have

previously been planted on the property • Council accepts the trees were removed due to concern they had become unstable and

unsafe on the roadside during pruning • Miss Elligate acknowledges Council should have been advised immediately that this

situation became apparent • The trunks will be retained as habitat • Miss Elligate & Council consider the matter concluded

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6. CONDOLENCES

Cr Pockley acknowledged condolences for Paul McGowan and requested a letter be sent from the Mayor to Mr McGowan’s daughter Kathy.

7. CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S)

Moved: Cr Graham Seconded: Cr Croucher That the minutes of the Ordinary Council meeting held on 10 April 2012 be confirmed.

Unanimously Carried

RECOMMENDATION

That the minutes of the Ordinary Council meeting held on 10 April 2012 be confirmed.

8. BUSINESS ARISING FROM PREVIOUS MINUTES

Cr Graham made the following personal statement under Local Law Number 3:

I refer to a page one story printed in the Ovens and Murray Advertiser dated Wednesday 11 April, 2012 which stated, inter alia, “…We could have had 600 people at the meeting (on Monday) but Council deliberately made it on Easter Monday”.

I have been advised by the Chief Executive Officer of Indigo Shire Council, Mr Brendan McGrath, that this meeting was not organised or sponsored by Indigo Shire and that the meeting was, in fact, called by community members.

I attended that meeting as a result of receiving an invitation from a concerned community member. That person, I believe, was part of the organising committee.

Further I disassociate myself from comments reported in the last paragraph, in the same article, regarding Council and particularly those comments regarding time left as a Council and ignoring due process in decision making.

Councillors are elected for a set period, in this case four (4) years, and are to operate in that capacity for the entire period of appointment.

I have always carried out my responsibilities with due regard to the Local Government Act and to the best of my abilities. I refute the assertion made in that quote, and attributed to another Councillor, that I am ignoring the Local Government Act in regard to due process and that I have ceased to act on behalf of the Indigo Shire community.

Such assertions, in my view, are scurrilous and derogatory to all Councillors serving the Indigo Shire community and bring into disrepute the individual Councillors of Indigo Shire together with Council as a decision making body.

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9. DEPUTATIONS AND PETITIONS

Nil reports.

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10. CORPORATE SERVICES

10.1 FINANCE REPORT - MARCH 2012

File No: 2012/226 Frank Bonacci - Manager Finance Corporate Services

Moved: Cr Pockley Seconded: Cr Croucher

That Items under Section 13 be debated now.

Unanimously Carried

For Decision

Moved: Cr Murdoch Seconded: Cr Pockley That Council receives and endorses the finance report for March 2012.

Unanimously Carried RECOMMENDATION That the minutes of the Ordinary Council meeting held on 10 April 2012 be confirmed.

At the completion of March 2012, all budget managers were required to submit revised forecast estimates for the remaining three months of 2011/2012. These revised forecasts have been collated and the revised year end position is $572k favourable versus the adopted Mid Year Budget. Depreciation is by far the biggest contributor towards this large favourability (being $510k favourable) and a detailed explanation for the cause is provided at Notes 4 and 6 of the attached Exception Report.

Full details of both the Year to Date (YTD) and Year End Forecast (YEF) variances can be reviewed in the attached Profit and Loss statements, Department by Business Unit Report and accompanying exception reports as at 31 March 2012.

The attached Cash and Investment Report as at 31 March 2011 shows that Council’s cash and investment position as at the end of March 2012 is $3.5 million. An additional $1.05 million from the State Government is due for payment as the balance of funding for the 2009 storm damage and restoration works that Council has funded over the past 12 months and these finds will further boost Council’s cash position by the end of May.

As at 31st March 2012, Year to Date Capital Works spend is $6.405 million which equates to 64.0% of the adopted Mid year CAPEX Budget for 2011/12. As can be seen from the table below, while the % completion at the same time last year was slightly higher at 66.2%, the YTD CAPEX dollar spend at end of March last year was $0.5 million less than as at the end of March this year. The table highlights that we are again set for another year of excellent capital works completion.

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2010/11 2011/12

Adopted Mid year Budget

Mar YTD Actual

%

Complete

Adopted Mid year Budget

Mar YTD

Actual

%

Complete

Current Years CAPEX Budget

8,927,919

5,880,015

65.9%

10,013,063

6,404,9

03

64.0%

Other Projects

-

28,912

100.0%

-

-

-

Total 8,927,919 5,908,927 66.2% 10,013,063 6,404,903

64.0%

Also attached for information are the balance sheet and capital works monitor as at 31 March 2012.

Attachments 1. Profit & Loss to 31 March 2012

2. Department by Business Unit Report to 31 March 2012 3. Balance Sheet as at 31 March 2012

4. Cash & Investment Report as at 31 March 2012 5. Exception Report for 31 March 2012

6. Capital Works Monitor as at 31 March 2012

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10.2 CONSIDERATION OF THE DRAFT INDIGO SHIRE COUNCIL BUDGET 2012/13 PURSUANT TO SECTIONS 127 & 128 OF THE LOCAL GOVERNMENT ACT 1989


For Decision

That: 1. The 2012/13 proposed budget annexed to this agenda be the budget prepared by

Council for the purposes of Section 127(1) of the Local Government Act 1989. 2. The Chief Executive Officer be authorised to:

• Give public notice of the preparation of such budget, in accordance with Section 129 (1) of the Local Government Act 1989; and

• Make available for public inspection the information required to be made available in accordance with the Local Government (Finance and Reporting) Regulations 2004 No 30.

3. Council: a) Considers any submission on any proposal contained in such budget made in

accordance with sections 129 and 223 of the Act, with such submissions closing 8 June 2012;

b) Schedule any person wishing to be heard in support of their submission to the proposed budget, to be heard by Council at a Special Meeting of Council on 12 June 2012; and

c) Consider a recommendation to adopt the budget at a Special Meeting of Council on 26 June 2012.

AMENDMENT Moved: Cr Graham Seconded: Cr Croucher That: 1. The 2012/13 proposed budget annexed to this agenda be the budget prepared by








4. That the charges be capped at a maximum of 6%. Unanimously Carried

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RECOMMENDATION That: 1. The 2012/13 proposed budget annexed to this agenda be the budget prepared by








INTRODUCTION

� A draft budget for 2012/2013 has been prepared and distributed to councillors (refer attached draft Budget 2012/2013). Council has prepared a budget for the 2012/2013 financial year which seeks to maintain the financial sustainability of Council. � � The budget papers need to be read in conjunction with the Council Plan which contains the Strategic Resource Plan. The Council Plan has been developed and updated following extensive consultation and examination by the Council. The proposed Council Plan has been used as the basis for the Council budget. The proposed Council Plan establishes the medium term perspective in relation to Council planning and sustainability. � � The 2012-13 Draft Budget is premised on a 6% increase in Rates and Charges. This increase, along with additional revenue generated by Supplementary Rates in both 2001-12 and 2012-13 project that the rates and charges revenue for 2012/2013 in the budgeted at $12.175 million. The forecast actual for 2011/2012 is $11.357 million. � � The biannual property revaluation will apply in 2012-13 and while this will not generate any windfall gain to Council, individual rate assessments may increase by more or less than 6% depending on whether a property’s value changes by more or less than the average across the shire. � The expected operating result for 2012/2013 is a surplus of $1.279 million. The underlying result when the gain / loss on disposal of property, capital grants and capital contributions are excluded is an underlying deficit of $1.927 million. � The capital works program for the 2012/2013 year is expected to be $8.499 million including $0.218 million of carry over works from the 2011/12 capital works program and an assumed allowance of $0.25 million to be carried over into 2013/14. The total capital works program includes capital works proposed to be funded by capital grants of $2.891 million plus an additional $1.17 million already received in 2011/2012 and set aside for the 2012/2013 CAPEX program. A number of projects tied to unconfirmed grants have been excluded from the

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2012/2013 budget at this stage and will be considered at the mid year review for any of these unconfirmed grant applications that become successful in the coming eight months. � � A high level Strategic Resource Plan has been developed for the years 2012/2013 to 2015/2016. This will assist Council in adopting budgets which provide for prudent expenditure and revenue to assist in Council’s goals of financial sustainability. � � The SRP provides analysis and review of all aspects of Council’s financial position. � � The annual budget is designed to enable Council to achieve its key strategic activities as contained in the Council Plan.

BACKGROUND

� Consultation was conducted over the three years to develop and refine a Council Plan and more recently, the 2030 Vision. The updated Council Plan and 2030 vision has a strong influence on the budget 2012/2013.

KEY IMPLICATIONS

� Local Government Act 1989: � S 127. Council must prepare a budget

1. A Council must prepare a budget for each financial year. 2. The Council must ensure that the budget contains—

(a) the standard statements in the form and containing the matters required by the regulations;

(b) a description of the activities and initiatives to be funded in the budget; (c) a statement as to how the activities and initiatives described under paragraph (b) will

contribute to achieving the strategic objectives specified in the Council Plan; (d) separately identified Key Strategic Activities to be undertaken during the financial

year and performance targets and measures in relation to each Key Strategic Activity;

(e) any other details required by the regulations. 3. The Council must ensure that the budget also contains:

(a) the information the Council is required to declare under section 158(1); (b) if the Council intends to declare a differential rate under section 161, the details

listed in section161 (2) (c) if the Council intends to declare a differential rate under section 161A, the details

listed in section 161(2).

S 129. Public notice

1. As soon as practicable after a Council has prepared a budget or revised budget, the Council must give public notice.

2. A person has a right to make a submission under section 223 on any proposal contained in

the budget or revised budget.

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3. In addition to any other requirements specified by this Act, the notice referred to in sub-section (1) must: (a) contain any details required by the regulations; and (b) advise that copies of the budget or revised budget are available for inspection for at

least 14 days after the publication of the notice at: • the Council office and any district offices; and • any other place required by the regulations.

4. A copy of the budget or revised budget must be displayed at the places specified under

sub-section (3)(b). S 130. Adoption of budget or revised budget 1. A Council may adopt a budget or revised budget if it has complied with all of the relevant

requirements of this Act relating to budgets and revised budgets. 2. The Council must give public notice of its decision under sub-section (1). 3. The Council must adopt the budget by 31 August each year. 4. The Council must submit a copy of the budget to the Minister by 31 August each year. 5. The Minister may extend the period within which a Council must comply with sub-section

(4). 6. If a Council fails to submit a copy of the budget to the Minister within the time allowed, the

Secretary must ensure that details of the failure are published in the annual report of the Department.

7. A Council must give the Minister any details concerning its budget or revised budget that

the Minister requests. 8. A Council must comply with sub-section (7):

(a) within 14 days of receiving a request in writing for the details from the Minister; or (b) within any longer period specified by the Minister in the request.

9. A copy of the budget or revised budget must be available for inspection by the public at:

(a) the Council office and any district offices; and (b) any other place required by the regulations.

Local Government (Finance and Reporting) Regulations 2004 No. 30 PART 3—BUDGETS R 8. Other matters to be included � For the purposes of sections 127(2)(e) and 128(3) of the Act, the budget and any revised budget must contain the following information for the financial year to which the budget or revised budget relates: (a) the total amount proposed to be borrowed, other than borrowings to refinance existing

loans; (b) the proposed total amount of debt redemption;

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(c) in the case of the proposed budget— • the proposed rate in the dollar for each type of rate to be levied; • the estimated amount to be raised by each type of rate to be levied; • the estimated total amount to be raised by rates; • the proposed percentage change in the rate in the dollar for each type of rate to be

levied compared to that of the previous financial year; • the number of assessments for each type of rate to be levied compared with the

previous year; • the total number of assessments; • the basis of valuation to be used; • the estimated total value of land in respect of which each type of rate is to be levied

compared with the previous year; • the proposed municipal charge, if any; • the proposed rate or unit amount to be levied for each type of service rate or charge

under section 162 of the Act; • the estimated amount to be raised by each type of charge to be levied compared

with the previous year; • the estimated total amount to be raised by rates and charges; • any significant changes that may affect the estimated amounts to be raised;

(d) in the case of a revised budget, those matters referred to in paragraph (c) as applicable to any additional rates and charges to be levied.

R 9. Public notice of proposed budget or revised budget � For the purposes of section 129 of the Act, the following information must be included in the public notice of the preparation of a proposed budget or revised budget— (a) the date on which Council will meet to adopt its budget or revised budget; (b) the total amount borrowed as at 30 June of the previous financial year; (c) the total amount proposed to be borrowed during the financial year or the total amount

borrowed immediately before the preparation of the revised budget, other than borrowings to refinance existing loans;

(d) the total amount projected to be redeemed during the financial year; (e) the projected total amount of borrowings as at 30 June of the financial year; (f) the projected cost of servicing the borrowings during the financial year; (g) the proposed rate in the dollar for each type of rate to be levied; (h) the proposed municipal charge, if any; (i) the proposed rate or unit amount for each type of service rate or charge to be levied under

section 162 of the Act; (j) in the case of a revised budget, a summary of reasons for the preparation of the revised

budget. 126. Strategic Resource Plan

1. The Strategic Resource Plan is a resource plan of the resources required to achieve the strategic objectives.

2. The Strategic Resource Plan must include in respect of at least the next four financial

years: (a) the standard statements describing the required financial resources in the form and

containing the information required by the regulations; and (b) statements describing the required non-financial resources, including human

resources.

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3. A Council must: (a) review the Strategic Resource Plan during the preparation of the Council Plan; and (b) adopt the Strategic Resource Plan not later than 30 June each year.

4. A copy of the current Strategic Resource Plan must be available for inspection by the public

at: (a) the Council office and any district offices; and (b) any other place required by the regulations.

FINANCIAL IMPLICATIONS

As detailed in this report and the draft Budget 2012/2013.

LEGAL/COUNCIL PLAN/POLICY IMPACT

POLICY

The development of the Draft Budget is consistent with a range of key Council strategies such as the Council Plan, Asset Management Plans and others.

The development of the Draft Budget is consistent with a range of key Council strategies such as the Council Plan, Asset Management Plans and others.

COMMUNICATION

� Council will provide a display copy of the Council Plan, incorporating the Strategic Resource Plan and Annual Budget, at its Council offices and service centres. � � The documents will also be available to be downloaded from the Council website at www.indigoshire.vic.gov.au.

CONCLUSION

� The proposed Draft 2012-13 Budget has been developed in accordance with requirements and reflects key strategic priorities of Council’s plans. It is appropriate the Draft Budget now be considered.

Attachments 1. DRAFT INDIGO SHIRE BUDGET – 2012-13

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10.3 NEW LEASE AGREEMENT - BEECHWORTH DEPOT

File No: 2012/206 Greg Pinkerton - General Manager Corporate Services

Corporate Services

For Decision

Moved: Cr Pockley Seconded: Cr Murdoch

That Council approve the CEO to sign a Lease for premises: Former Council Beechworth Depot Shire, Radcliffe Road, Beechworth Comprising Lot 3 on Plan of Subdivision 416950, between Indigo Shire Council and Parks Victoria.

Unanimously Carried RECOMMENDATION

That Council approve the CEO to sign a Lease for premises: Former Council Beechworth Depot Shire, Radcliffe Road, Beechworth Comprising Lot 3 on Plan of Subdivision 416950, between Indigo Shire Council and Parks Victoria.

INTRODUCTION

Parks Victoria has requested a new 15 year lease of the abovementioned land for the use of its Parks Victoria Works Depot. Due to the term of the lease being greater than 10 years provisions under Section 190 of the Local Government Act apply. “Council must at least four weeks before the lease is made publish a notice of the proposed lease. A person has a right to make a submission under section 223 of the proposed lease.” Council approved the abovementioned publication at the Council Meeting in March, 2012. No submissions were received by council and therefore the lease can now proceed.

BACKGROUND

The original Lease Agreement from Council to Parks Victoria commenced in 2002 for 3 years with 2 further terms of 3 years each. These options were exercised and therefore the lease expired on 1 November 2011. The subject land has been re-surveyed to omit a designated area for Council pound facilities should they be required in the future. A new valuation has also been obtained to ensure current market value for the rental.

KEY IMPLICATIONS

The new lease agreement will allow for the continued relationship between Council and Parks Victoria. If approved a draft lease document will be prepared by Council’s Solicitors and provided to Parks Victoria for approval.

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RISK MANAGEMENT

The lease will be drafted and vetted by council’s usual process. This includes review by legal professionals.


The annual rental payable has been valued at $19,500 per annum excluding GST with annual CPI reviews to be conducted on the anniversary of the commencement date.


Due to the term of the lease being greater than 10 years provisions under Section 190 of the Local Government Act apply. This section has now been satisfied. CONCLUSION The new Lease arrangement will provide a long term arrangement between Council and Parks Victoria for the use of the land at its former Beechworth Depot site.

Attachments 1. Plan of Site for Lease Purposes

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10.4 VAGO LOCAL GOVERNMENT RESULTS - FY11


Corporate Services

For Decision

Moved: Cr Croucher Seconded: Cr Graham

That Council;

a) Ensure that future performance targets and indicators for all key strategic activities comply with the Local Government Act 1989 (VAGO recommendation #1),

b) Critically review future performance measures and targets for relevance and appropriateness against Council Plans and the Local Government Act 1989 (VAGO recommendation #2),

c) Develop quality and cost standards and desired performance outcomes prior to major procurement exercises (VAGO recommendation #6),

d) Include milestones, key performance measures, and time lines in all future contracts (VAGO recommendation #7),

e) Require tender panel members to complete a conflict of interest declaration prior to evaluating tenders (VAGO recommendation #9).

f) Review the VAGO report results and provide a report to council on how to minimise financial risk over time as part of the long term financial plan process.

Unanimously Carried

RECOMMENDATION

That Council;

a) Ensure that future performance targets and indicators for all key strategic activities comply with the Local Government Act 1989 (VAGO recommendation #1),

b) Critically review future performance measures and targets for relevance and appropriateness against Council Plans and the Local Government Act 1989 (VAGO recommendation #2),

c) Develop quality and cost standards and desired performance outcomes prior to major procurement exercises (VAGO recommendation #6),

d) Include milestones, key performance measures, and time lines in all future contracts (VAGO recommendation #7),

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e) Require tender panel members to complete a conflict of interest declaration prior to evaluating tenders (VAGO recommendation #9).

f) Review the VAGO report results and provide a report to council on how to minimise financial risk over time as part of the long term financial plan process.

INTRODUCTION

Council has received the Victorian Auditor-General’s Report on the FY11 financial audits of 105 entities within the local government sector (including all Victorian Councils). The purpose of this council report is to summarise this report for councillors and provide recommendation on some key focus areas. This report focuses on the Indigo Shire result. Further detail – including the state-wide results and other council results – can be found in the full report at: http://www.audit.vic.gov.au/reports_and_publications/latest_reports/2011-12/20111123-local-govt.aspx. It is important to note that the results produced by VAGO’s analysis of the published financial results must be interpreted with some caution. As reported in last year’s results the official results for Indigo Shire includes a number of abnormal items. Of particular note are; • $2.34 million of found assets. This increased the accounting income and therefore the

Underlying Result Ratio as well as the Self Financing Ratio but had no affect on the cash

position.

• Defined benefit call on Superannuation ($0.29 million). However, all other Victorian

Councils were also affected by this payment.

For this reason the VAGO reported numbers should be used with caution, and keeping in mind these abnormal items. VAGO attempt to moderate these abnormal items by using averaging techniques (particularly in the ratios relating to underlying result, capital replacement, and renewal gap). For consistency’s sake, this report uses the VAGO measures at face value without any adjustment. This is done to allow for comparison between years and across councils. It is however important to carefully consider the Finance Manager’s notes (below) when drawing conclusions about Indigo’s performance as some of the abnormal items were significant in quantum and unique to Indigo. BACKGROUND

Following the annual audit process for public service entities, VAGO prepares a series of reports on the financial results of each public sector for tabling in Parliament. The report on local government provides an overview of the combined results in the recent audits, the quality of financial reporting, the effectiveness of internal controls and an analysis of the financial sustainability of local government overall, within each of the five categories of local government (Inner Metro, Outer Metro, Regional City, Large Shire and Small Shire) as well as each council within those five categories.

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Items relating specifically to Indigo Shire’s financial reporting and internal controls for FY11 were detailed in VAGO’s interim and final management letters presented to council at the 8 November ordinary meeting. A summary of the state-wide results is shown below.

Indigo Shire is classified by VAGO as a small shire along with 21 other (mainly rural) councils. Of the 22 small shires listed in the FY11 report 1 was assessed as high risk and 2 were assessed as being medium risk in relation to financial sustainability. The remainder (19) were assessed as low risk. This split (1 high / 2 medium / 19 low) was the same as last year. Indigo shire was one of the small shires that were assessed as low financial sustainability risk (last year’s result was also low risk). The specific results for Indigo Shire are shown in the selected VAGO pages included as an attachment to this report. Analysis of these results raises the following points:

Underlying Result (12.09) – Low Risk This is the 3rd highest result for the small shire category (Pyrenees topped the list at 19.29 followed by Mansfield at 14.51). In relative terms, Indigo Shire is above the averages of the other council categories. This ratio is significantly affected by Found Assets. On the surface, Indigo Shire’s Underlying Result Ratio of 12.09% would suggest excellent financial sustainability, however, if the ratio was adjusted to remove the $2.34 million impact of Found Assets, the Underlying Result Ratio would reduce to 4.48% (still low risk).

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It was noted by VAGO that the superannuation benefit call had a large negative impact on this KPI (particularly for metro councils), and the flood relief grants had a positive impact on small and regional councils. These flood relief grants helped some councils to move from medium risk to low risk in this KPI. Eight councils recorded a negative underlying result in FY11 (13 in FY10). Small shires remain the most likely to record a negative result.

Indigo Shire has achieved a positive underlying result for each of the past 5 years (low of 5.67 in FY11, high of 19.01 in FY10) and VAGO’s trend indicator for Indigo Shire for the next 3 years (1.38, 3.71, and 2.65) remains positive – although at lower levels than the past.

Liquidity (1.92) – Low Risk In the small shire sector the range for this measure is from a low of negative 0.94 to a high of 4.45. All but one result is in the low risk classification. According to VAGO the average LG sector liquidity of 1.50 indicates that the sector in general does not pose any immediate concerns.

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The overall trend for the sector has been quite positive in the past few years leading up to the latest result. The FY11 results however have slipped to FY08 levels with only 85% of councils in the low risk category. Whilst Indigo’s liquidity result (1.92) is well above the 1.0 benchmark it can be seen by the above chart that it is relatively low in comparison to industry averages. In the past 5 years Indigo’s liquidity ratio has only once slipped marginally into the medium risk category (1.49 in FY07). The VAGO forecast however is less rosy with lower results forecast for the next 3 years (1.47, 1.32 and 1.26 respectively). VAGO have indicated that this KPI shows a deteriorating trend.

Indebtedness (14.89) – Low Risk The range seen in the small shire sector is from 1.84 through to 73.52. One council in the group of peers is rated as high risk, one medium, and the remainder of the small shire category are rated low. Overall the LG sector has remained relatively constant in this measure.

VAGO note that some systemic drivers have a large influence on this measure. Inner metro councils have a much greater ability to increase revenue through fees and charges in comparison to regional councils who have a limited ability to raise discretionary revenue. As can be seen by the above chart Indigo’s debt level is significantly below the sector average however this will increase in the next 2 years as the council’s strategic resource plan indicates an increase in debt funding.

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According to VAGO this change in indebtedness will increase the ratio to 17.59, 30.60, and 34.19 in the next 3 years. Whilst each of these years still remains in the low risk category the trend indicator indicates a deteriorating trend. This VAGO forecast is however based on the current official strategic resource plan that does not include the additional $2.13 million of funding that has been obtained (and the resulting reduction in debt funding required) that has not yet been included in the plan.

Self Financing (16.06) – Medium Risk This is the first year in the previous five that Indigo has slipped into the medium risk category for self financing. Results in the other small shires range from 12.54 through to 50.40 with only five of the small shires being assessed as medium risk. The state-wide picture is quite positive (note the anomaly in FY09 was due to the state government paying $113 million into the LG sector in the form of one quarter of the annual grant revenue for the following year).

As can be seen by the chart above, Indigo’s result is well under the average result for similar councils. This appears to be a single-year anomaly that is not expected to continue. Indigo’s result for the past five years, and VAGO’s projection for the next 3 looks much more positive. SELF-FINANCING FY07 FY08 FY09 FY10 FY11 FY12 (f) FY13 (f) FY14 (f) Indigo 24.50 24.88 40.40 35.37 16.06 24.33 26.96 25.79 Small Shire Average 26.14 25.04 31.57 26.67 29.46 22.31 26.85 23.89 To understand the cause of the drop in the Self Financing Ratio, we need to take a look at how this ratio is derived. While self financing would suggest it is revenue from other sources divided by total revenue, the ratio is in fact calculated as: Net Cash from Operating Activities (as per the Cash Flow Statement) divided by Underlying Revenue. The biggest impact on this ratio has been the change in level of payments to suppliers within the Cash Flow Statement (up by $4.0 million) which was influenced by the high level of 2009/10 Capital Works carried over and paid during the early part of 2010/11.

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The other item to inappropriately affect this ratio was that underlying revenue includes the $2.34 million in found assets however the impact is on the denominator of this KPI and as such has a limited influence on the overall result. VAGO indicate that Indigo’s long term trend for self financing is favourable.

Capital Replacement (1.51) – Low Risk This is one of the indicators that shows a definite state-wide trend over the past five years.

VAGO note this improvement but advise caution due to the slip from 42% of all Victorian councils in low risk in FY10 to only 31% in FY11. The chart above indicates that this is due mainly to the large shire category although improvements in this KPI within small shires have slowed in the last few years as well. The results for the small shire category range from negative 0.99 through to 2.28. Three small shires are rated high risk, twelve as medium risk, and seven (including Indigo) are rated low risk. Despite achieving a low risk in Indigo Shire the result of 1.51 is very close to the medium risk threshold of 1.50. The trend for Indigo in the past five years has been in an approximately upward direction and VAGO’s forecast shows low risk results for each of the next 3 years. CAPITAL REPLACEMENT FY07 FY08 FY09 FY10 FY11 FY12 (f) FY13 (f) FY14 (f) Indigo 1.29 0.89 1.16 2.70 1.53 1.58 1.79 1.51 Small Shire Average 1.17 1.27 1.42 1.46 1.48 2.22 1.52 1.37 Despite the three individual low risk forecasts VAGO have indicated that they assess the trend as deteriorating. This serves to highlight the importance of this measure and to remind council that this will need to remain at the forefront of council’s planning in the next few years.

Renewal Gap (1.06) State-wide this indicator has also been improving over the last five years.

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The proportion of councils assessed as being high risk has decreased from 11% in FY07 to 1% in FY11. Those in the medium risk category has decreased from 56% in FY07 to 49% in FY10, but last financial year the proportion of medium risk councils increased again to 60%. VAGO do not provide an opinion on this recent decline on the trend.

Indigo is rated as low risk for this measure however it is very close to the medium risk threshold of 1.00. The trend for this is rated as stable. RENEWAL GAP FY07 FY08 FY09 FY10 FY11 Mean Indigo 1.12 0.61 0.00 2.70 0.86 1.06 Small Shire Average 0.82 0.95 0.96 1.00 0.99 0.95 VAGO do not provide a forecast for renewal gap. In comparison to other small shires, Indigo rates slightly better than average. The range of results in this category are from 0.65 to 1.43. There are fourteen small shires rated as medium risk and eight (including Indigo) rated as low risk.

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Finance Manager’s Notes on KPI results and VAGO Report

During the preparation of this VAGO report into the Local Government Audit Results for FY11, we are asked to vet and review the results for our respective Council. Feedback was provided to VAGO that the inclusion of $2.34 million of Found Assets in Indigo Shire’s results significantly distorted our Underlying Result Ratio. It was pointed out to VAGO that unless adjusted for Found Assets, readers of the VAGO report may draw inappropriate conclusions as to Indigo Shire’s financially sustainability. VAGO advised that they “are required to use the audited financial statements, therefore, will not be able to exclude found assets from the underlying revenue”. The analysis within the Whelan Report therefore provides a more realistic assessment of our financial sustainability now and into the future.

Other Notable Issues VAGO include in their report a number of other observations and recommendations. The key issues that are considered relevant to Indigo Shire are summarised below. For full commentary see section 6 of the report. • There is general condemnation of the performance reporting KSA’s used by council. VAGO

have assessed these as (generally) being;

o Activity based rather than outcome / effectiveness measures,

o Inconsistent (time based / quality based / cost / etc).

o Lacking information about methodology and achievability of the target selection.

o Of limited relevance to ratepayers and residents.

o Compliance-centric rather than designed to inform the public.

• VAGO plan to introduce new audit measures (from 30 June 2013) that will “...express an

opinion on the relevance and appropriateness of the [KSA] information reported”. This will

be measured against VAGO’s 2008 audit recommendations.

• Procurement (and contract management) practice was highlighted by VAGO – particularly

in light of recent Victorian issues in this area. Indigo Council was not one of the

organisations found to be using any of the identified suppliers that have been recently

highlighted by the Victorian Ombudsman, however procurement policy and practice

remains one of the high priorities for Indigo. The upcoming appointment of a procurement

professional (in conjunction with Towong Shire and DSE) will be a significant step along

this path.

• Asset management was commented on by VAGO in relation to policy, strategy,

management practices, governance, and oversight. The Indigo Shire asset management

program addresses the points raised by VAGO.

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In all, VAGO made 11 general recommendations (in addition to their financial sustainability audit). These are:

Indigo already comply with two of these (4 & 8), and plans are currently in place for recommendations 5, 10, and 11. The remaining recommendations (1, 2, 6, 7, & 9) are covered in the recommended resolution at the beginning of this document. The only remaining recommendation (5) does not relate to Indigo Shire directly. KEY IMPLICATIONS

These financial sustainability measures are important to the setting of the financial direction for Indigo Shire. Much of this will be more closely investigated and projected in the long term financial planning process that is currently underway. Overall, VAGO’s low risk rating for Indigo Shire implies that the immediate financial needs of the shire are being met. The long-term trends and forecasts however indicate that this low risk position needs active management, vigilance, and attention. FINANCIAL IMPLICATIONS

Covered in report body.

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RISK MANAGEMENT

Risk mitigation is achieved through careful vigilance of these financial sustainability KPI’s. Additionally, the recommended resolution (based on the VAGO recommendations) provides measures that will further reduce risk in council operations. POLICY IMPLICATIONS

At this stage there are no policy implications arising from this report. CONCLUSION

The annual VAGO report is one of the valuable tools that can be used to assist Councillors in their monitoring and assessment of the financial sustainability of ISC. Whilst some abnormal items need to be considered, the consistent format and universal application of these KPI’s does give some level of relative standing. These financial indicators are already a key consideration in the work that is currently taking place on Council’s long-term financial plan and this will continue to be a major focus. A number of other council resolutions have been suggested that address some of the remaining VAGO recommendations that are not already in place.

Attachments 1. VAGO Report - Selected pages relevant to Indigo Shire Council

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10.5 2011-12 LOAN APPROVAL


Cr Pockley departed the meeting at 5.35pm and returned at 5.39pm.

For Decision

Moved: Cr Graham Seconded: Cr Murdoch For: Cr Graham, Pockley, Croucher, Murdoch, Gaffney, Goldsworthy Against: Cr Issell That Council; 1. accept the quote from National Australia Bank for the provision of a loan facility, and 2. sign and seal documentation for the provision of a loan from National Australia Bank for

$747,000 at a fixed interest rate of 6.18% fully redeemable over 10 years for the purpose of constructing capital works as part of the 2011-12 Capital Works program

Carried

AMENDMENT

Moved: Cr Issell Seconded: Nil That Council; 1. accept the quote from Bendigo Bank for the provision of a loan facility, and 2. sign and seal documentation for the provision of a loan from Bendigo Bank for


Lapsed

AMENDED MOTION

Moved: Cr Issell Seconded: Nil That Council; 1. accept the quote from Bendigo Bank for the provision of a loan facility, and 2. sign and seal documentation for the provision of a loan from Bendigo Bank for


Lapsed

Moved: Cr Issell Seconded: Croucher Review the selection criteria within Council’s borrowing strategy by which we raise capital to take into account Council’s usual tendering processes.

Unanimously carried

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RECOMMENDATION

That Council; 1. accept the quote from [Financial Institution] for the provision of a loan facility, and 2. sign and seal documentation for the provision of a loan from [Financial Institution] for

$747,000 at a fixed interest rate of [rate] fully redeemable over 10 years for the purpose of constructing capital works as part of the 2011-12 Capital Works program.

Note: The banking institution and interest rate in the above recommendation will be supplied to Council on

the day of the ordinary meeting (8 May 2012) based on rates supplied on the morning of the meeting.

INTRODUCTION

As part of the 2011/12 Budget, Council identified a need to borrow funds of $747,000 to fund part of the Capital Works program for the current financial year.

BACKGROUND

At a Special meeting of Council, held on 28 June 2011, Council adopted the 2011/12 Budget which included the projection to borrow $747,000 to fund several Capital Works projects. To ensure that Council maintains a balanced cashflow, it is now necessary to execute the budgeted 2011-12 borrowings. The $747,000 loan is budgeted to fund the following three Capital Works Projects within the 2010/11 Capital Works program:

• Municipal Office Design $300,000 • Chiltern Stormwater Drainage $235,000 • Beechworth Stormwater Drainage $212,000

Five institutions (Bendigo Bank, CBA, NAB, WAW and Westpac) were formally contacted and requested to provide indicative fixed interest rates for a 10 year loan repayable in monthly instalments. Being a fixed interest rate loan, the applicable interest rates are subject to change on a daily basis due to fluctuations in the world money market. The indicative interest rates (supplied mid-April) have been provided on the basis that the loan would be confirmed and finalised on 9th May 2012. Given the interest rates provided will be three to four weeks old when Council meet on the 8th May, all five institutions have been requested to provide revised interest rates on the morning of 8th May 2012 which will be tabled for Councillors at the Council meeting to ensure the latest rates are available when the decision is made.

KEY IMPLICATIONS

Section 98(1)(c) of the LG Act prevents any instrument of delegation from allowing Council to delegate the power to borrow money and therefore Council must resolve themselves to exercise this action. The execution of the fixed interest loan requires signing and sealing by Council.

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RISK MANAGEMENT

The 2011-12 Capital Works Budget was approved with loan funding of $747,000 being made available to supplement cash available from capital grants and from normal operating activities. Failure to exercise this loan could potentially jeopardise Council’s ability to meet its financial commitments and obligations as they fall due. FINANCIAL IMPLICATIONS

This loan has been forecast as a source of Capital Works funding within the adopted 2011/12 Budget and funding for the loan repayments has also been allowed for in the 2012/2013 Budget.


Council adopted a Borrowing policy in April 2010 which provides guidelines and prudential limits that Council aims to remain within. The main indicator in the Borrowing Policy relates to “Indebtedness” and that Council would aim to stay within the green zone for this indicator (40% or less). This Budgeted loan will keep Indigo Shire well within that green zone. Loans and borrowings outstanding at 30 June 2011 were $1.95 million (less that 20% Indebtedness) and loans and borrowings projected to be outstanding at 30 June 2012 (including this new loan) will be $2.21 million (which is still below 20% Indebtedness). Each of the five institutions approached to provide a quote have already supplied an indicative interest rate however they will provide updated interest rate quotes on the morning of 8th May which will be tabled at the Council meeting of the same date. This information will form the basis of the resolution. Early indications show a significant variation in the whole-of-life cost of the loans offered by the various banking institutions. Being a generic product, the recommendation on the day of the Council meeting will be based on the lowest whole-of-life cost of the loan. Some local banking institutions (WAW and Bendigo Bank) are notable that they provide direct and indirect benefit to the local community; however the significant cumulative effect of interest rate variations means that it is recommended that Council make its decision based on the lowest whole-of-life cost of the loan. CONCLUSION

To ensure that Council has appropriate levels of funds available to meet its financial commitments for the remainder of 2011/12, it is recommended that Council proceed with the loan as soon as possible

Attachments Nil

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COUNCIL MEETING REPORT

This is the addendum tabled at Council Meeting 8 May 2012 in support of Item; 10.5 2011-2012 LOAN APPROVAL

The following interest rates and repayment schedules were provided by the institutions this morning ( 8th May 2012) RECOMMENDATION

That Council; 1. Accept the quote from National Australia Bank for the provision of a loan facility, and 2. Sign and seal documentation for the provision of a loan from National Australia Bank for

$747,000 at a fixed interest rate of 6.18% fully redeemable over 10 years for the purpose of constructing capital works as part of the 2011-12 Capital Works program.

Refer comparative figures in the following table and accompanying material provided by the institutions this morning

Institution i/r Monthly

Application

fees Yearly 10 yrs

More than NAB

over 10 yrs

NAB 6.18% 8,365 - 100,380 1,003,800 -

Bendigo Bank 6.47% 8,471 2,517 101,652 1,019,037 15,237

CBA 6.65% 8,542 - 102,504 1,025,040 21,240

Westpac 7.30% 8,787 - 105,444 1,054,440 50,640

WAW 7.85% 9,004 500 108,048 1,080,980 77,180

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10.6 ADVISORY COMMITTEES AND ASSEMBLY OF COUNCILLORS RECORD


Corporate Services

For Information

INTRODUCTION

1. The following Advisory Committee Minutes have been received. Note: all minutes listed below are unconfirmed unless specified;

COMMITTEE DATE OF MEETING Audit Committee 6 February 2012 Burke Museum and Historic Precinct Advisory Committee Nil Finance Committee 4 April 2012 Indigo Arts and Cultural Advisory Committee 28 March 2012 Indigo Environment Advisory Committee 11 April 2012 Indigo Heritage Advisory Committee 16 February 2012 Indigo Disability and Community Advisory Committee Nil Indigo Grants and Awards Advisory Committee Nil Indigo Tourism Advisory Committee Nil

2. The resolutions from these Advisory Committee meetings are outlined below; COMMITTEE RESOLUTION MOVED SECONDED Audit Committee Confirmation of Minutes – 17 October

2011 That the Minutes of the Audit Committee Meeting 17 October 2011 be confirmed.

Cr Barbara Murdoch

Ian Morris

Finance Committee Confirmation of Minutes – 8 February 2012

That the minutes of the Committee meeting held 8 February 2012 be confirmed.

Bernard Gaffney

Barbara Murdoch

Arts and Culture Advisory Committee

Minutes from meeting 9 November 2011 accepted as a true record.

Pamela Thomas

Irena Webster

Arts and Culture Advisory Committee

Minutes from meeting 18 January 2012 accepted as a true record.

Cheryl Webster

David Pietsch

Indigo Heritage Advisory Committee

That the minutes from the January Meeting be confirmed

Rex Fuge Mandy Jones


That this Committee support the investigation of an online planning register

Rex Fuge Susan Reynolds


That this Committee adopt the National Trust categories in addition to the Junior and Open Heritage

Mandy Jones

Rex Fuge

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Awards categories


That this Committee asks Warren Joel to be the Master of Ceremonies for the Heritage Awards and facilitate a valuations session prior to the event.

Mandy Jones

Susan Reynolds


That this Committee recommends the Heritage Loans Scheme be advertised in the Indigo Informer.

Rex Fuge Mandy Jones

3. The following attached Assembly of Councillors records have been received by Council

and are to be included in the Council Minutes of this meeting (as required by Section 80A of the Local Government Act 1989).

MEETING DATE Finance Committee Meeting 4 April 2012 Arts and Cultural Advisory Committee 28 March 2012 Indigo Heritage Advisory Committee 16 February 2012 Council Briefing Meeting 27 March 2012 Council Briefing Meeting 3 April 2012

Attachments 1. Chairperson Report - Audit Committee - 6 February 2012

2. Minutes - Audit Committee - 6 February 2012 3. Minutes - Finance Committee - 4 April 2012

4. Minutes - Indigo Arts and Cultural Advisory Committee - 28 March 2012 5. Minutes - Indigo Environment Advisory Committee - 11 April 2012 6. Minutes - Indigo Heritage Advisory Committee - 16 February 2012

7. Assembly of Councillors Record - Finance Committee - 4 April 2012 8. Assembly of Councillors Record - Arts and Cultural Advisory Committee - 28 March 2012

9. Assembly of Councillors Record - Indigo Heritage Advisory Committee - 16 February 2012 10. Assembly of Councillors Record - Council Briefing Meeting - 27 March 2012

11. Assembly of Councillors Record - Council Briefing - 3 April 2012

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11. SUSTAINABLE COMMUNITIES

Nil reports.

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12. MAJOR PROJECTS AND PROGRAMS

12.1 NAMING OF UN-NAMED ROADS

File No: 2012/216 Mark Greene - Civil Works & Waste Management Coordinator

Major Projects and Programs

Cr Issell departed the meeting at 5.40pm and returned at 5.47pm, and was not present for this vote.

For Decision

Moved: Cr Murdoch Seconded: Cr Croucher

That Council commence the formal road naming process by advertising the selected names Pringle Street in Chiltern and Lefoe Road in Barnawartha for public comment.

Unanimously Carried

RECOMMENDATION

That Council commence the formal road naming process by advertising the selected names Pringle Street in Chiltern and Lefoe Road in Barnawartha for public comment.

INTRODUCTION

From time to time un-named roads are identified throughout the municipality that are required to be named. It is Council responsibility to name these roads in accordance with our Local Law No. 1, Council’s Naming of Local Roads Policy and the DSE Publication “Guidelines for Geographic Names 2010”. It is worth noting that we have previously agreed to develop a new policy for the naming of public places, and that we expect that this will ultimately incorporate the naming of roads. Given an existing policy exists, it seemed appropriate that these proceed in the mean time.

BACKGROUND

Two roads have been identified as requiring names, one in Barnawartha and the other in Chiltern. Consultation has been undertaken to select a name for each of the roads. In each case the name that has been selected has some historic reference to individuals or families that resided in the area. Attached to this report is a table and maps showing the location of the unnamed roads, the district location, the proposed name of the road, the name of the person consulted, and a brief explanation of the origin of the name chosen.

The council Road Naming Policy adopted by council in October 2002 and the “Guidelines for Geographic Names Victoria 2010” were used as reference documents when determining the suitability for names chosen.

The names suggested were generally based on historical ownership of land adjoining, or in close proximity, of the road to be named. Reference was also made to the Parish Plan relevant to the area that shows the names of the original settlers of the land in the area of the un-named road.

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Every effort was made so as not to choose names that already exist on roads in other parts of the shire to save confusion that may develop as a result of duplicated names.

Council should now consider this report and make any amendments or suggestions to names prior to advertising the selected names for public comment. At the completion of the advertising stage the report will be presented to Council for formal adoption of the chosen names.

KEY IMPLICATIONS

Naming of these roads will allow for better identification of properties and locating by emergency services. On completion of the naming process the adopted names will be forwarded to the Registrar of Geographic Names for inclusion on their database.

RISK MANAGEMENT

Nil.


Some costs will be incurred in placing new signs and altering signs, and also in the consultative advertising process. This will be covered by the existing budget.

CONCLUSION

To facilitate the naming process Council is requested to endorse the proposed name for each of the options mentioned so that this name can then be advertised for public comment.

Attachments 1. Attachment 1 - Road Naming - 8 May 2012

2. Attachment 2 -Road Naming Report - Locality Map - 8 May

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12.2 DRAINAGE ASSET MANAGEMENT PLAN

File No: 2012/222 Robert Uebergang - Assets Manager Major Projects and Programs

Cr Issell departed the meeting at 5.40pm and returned at 5.47pm, and was not present for this vote.

For Decision

Moved: Cr Pockley Seconded: Cr Graham That Council adopt the Drainage Asset Management Plan.

Unanimously Carried

RECOMMENDATION That Council adopt the Drainage Asset Management Plan.

INTRODUCTION

Asset management plans detail how Council intends to manage their assets over the medium to long term. The formulation and adoption of asset management plans for Council’s major asset types is necessary to establish a framework for a core level of asset management within Council. Further to Council’s adoption of asset management plans for buildings, bridges, roads, and pathways in 2011, this report provides details on drainage assets, being the last of the asset management plans required for core competency. The formulation and adoption of these five asset management plans are significant actions outlined in Indigo Shire’s Asset Management Strategy adopted in December 2010 and reviewed in October 2011.

BACKGROUND

A major part of Council’s resources are expended on maintaining, renewing and creating new assets. The degree and way in which council’s assets are managed are key in determining the financial position and long term sustainability of a Council. The MAV Regional Asset Management & Service Program has seen the formation of five state regional asset management (AM) groups charged with developing and implementing regional action plans to improve asset management practices. The target measure for the North East Regional Group, of which Indigo Shire is a part of, is to meet 100% score on the core asset management standards by December 2012. The core standards are defined within the National Asset Management Assessment Framework (NAMAF), which is the adopted reporting tool to measure a Councils asset management performance. The formulation and adoption of asset management plans covering 90% plus of Council’s infrastructure asset value is an integral part of the NAMAF and the North East Regional Group’s action plan to achieve a core competency level.

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The International Infrastructure Management Manual (IPWEA, 2006) Appendix A: Asset Management Plan Structure has dictated the structure of these draft asset management plans, with the underlying aim of achieving 100% core standard in the national asset framework assessment areas.

The Drainage Asset Management Plan has been compiled and documented by Council’s asset unit, with 100’s of man-hours spent in the recollection and compilation of urban drainage asset data across each of Indigo’s townships to provide a firm data basis for the plan.

Council’s Asset Management Strategy targets the adoption of a drainage asset management plan by April 2012. The Draft Drainage Asset Management Plan was taken to the 28 February Council briefing, subsequently reviewed and amended, and then adopted for the purpose of seeking community comment at the March 2012 Council meeting. The adopted draft was advertised for public comment with the document being available from the website and Customer Service Centres.

Two submissions were received from the community, from Mr. Alan Pleitner (included as an attachment) and Mr Ted Hovard, both of Wahgunyah. The additional drainage problems identified in Mr. Alan Pleittner’s submission are included in the final Drainage Asset Management Plan in Table 5.1.2.1. Mr. Hovard’s submission was in support of Mr. Pleitner’s submission, particularly in regard to the high priority/ urgency of required drainage works in Blanche Street Wahgunyah. These drainage works are required to rectify capacity/ deficiency issues in this area that have resulted in multiple floodings to Mr Hovard’s property and garage in Barkly Street, as well as flooding of adjacent properties. The priority of the Blanche Street drainage works remains as ‘Medium’ in the final report as the issue relates to flooding of property in 2010-11, and not flooding of residences in 2010-11 (refer definitions on page 21). However, Wahgunyah drainage master planning is an adopted 2012 project which will provide definition to the drainage upgrade works required in this area. Also, the Blanche Street works are included with other Wahgunyah drainage items and scheduled in Appendix D: 10 Year Drainage New & Upgrade Program-DRAFT for works of $80,000 in 2012-13 and $38,000 in 2013-14.

Internal submissions on (further) identified drainage deficiencies are also included in Table 5.1.2.1 and include:

• Drainage upgrade issues at Chiltern Conness Street and Lake Anderson • Changes to the requirement of an outfall drain from Chiltern Brown Street • Amended costs to Chiltern open flood channel projects for Gaunt Street and Dickson /

Peake Court • High flow drainage issues at Chiltern Reid Street • Drainage high flow path issues at Chiltern Church Street / Majenta Street intersection • Rutherglen outfall drainage requirements at Gooramadda Road

Internal submissions were largely the result of observations and feedback from the late February/ early March 2012 storm events.

One additional renewal item of $40,000 value for displaced pipework at Indigo Drive Barnawartha was also identified by internal submission.

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These submissions have resulted in changes to the plan as follows:

• Changes to the drainage asset capacity / performance deficiencies identified has increased the estimated value of these deficiencies from $3,669,000 in the Draft Drainage Asset Management Plan (Table 5.5.3.1) to $4,910,000 in the final Drainage Asset Management Plan. Subsequently the 10 Year Drainage New & Upgrade Program-Draft (Appendix D), the Projected 20 year Operating and Capital Expenditure (Table 6.1.1), and the Projected 20 Year Replacement Cost and Depreciation Cost (Table 6.3.1) have been altered to reflect these changes.

• The change to renewal (additional $40,000) has changed the 10 Year Drainage Renewal Program-Draft (Appendix C), text in Section 5.4 Renewal / Replacement Plan, and modeled renewal funding shown in Figures 6.2.1 and 6.2.2.

It should be noted, however, that these submissions have had little effect on the average 20 year operating and capital expenditure (refer Table 6.1.1) which has increased from $419,065 per annum in the draft plan to $421,665 per annum in the final Drainage Asset Management Plan.

Other changes from the draft plan include grammar amendments, minor re-phrasing of text, typing corrections, and reference to the storm events of late February/ early March 2012. KEY IMPLICATIONS

The Federal Government has outlined that councils need to improve their asset and financial management. The key implications in Council not achieving core asset management practice are: • potentially poor and unsustainable management of the community’s assets, and; • infrastructure funding from government bodies potentially being put at risk by a lack of

demonstration of good asset management practice

The formulation and adoption of Council’s asset management plans are critical building blocks on the pathway to achieving core asset management by December 2012, as detailed in Councils Asset Management Strategy and the North East Regional Group’s action plan.

RISK MANAGEMENT

The risk management implications for drainage assets are outlined in the plan in section 5.2 Risk Management Plan. The risk management issues identified are largely drawn from Council’s Risk Register FINANCIAL IMPLICATIONS

Asset management plans seek to identify and document the costs associated with maintenance, renewal and planned new or upgrade works associated with an asset (refer sections 5. Lifecycle Management Plan and 6 Financial Summary of the plan). The adoption of an asset management plan by Council is the recognition of the long term costs associated with that asset and not necessarily a commitment to fund those identified long term costs.

The way in which Council seeks to fund long term asset costs is integral to Council’s Long Term Financial Plan. Financial information from each asset management plan are to be included in the formulation of the Long Term Financial Plan. The Long Term Financial Plan is a key part of Council’s Asset Management Strategy and is scheduled for completion in 2012.

There are long term financial implications including appropriate staffing and software improvements that will be required to support and maintain a core standard of asset management practice within Council.

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An improvement plan is included in Section 8 of the Drainage Asset Management Plan to detail proposed short term plan improvements, including an estimate of resourcing required.


COUNCIL PLAN

This Drainage Asset Management Plan will assist with the achievement of the key strategic objectives: Objective 2.2: Improve the quality and maximise the long-term sustainability of the built environment: Ensure that Council’s asset management practices are clearly defined and in accordance with a strong Asset Management Policy and Strategy. Objective 2.3: Manage and maintain to a high standard assets critical to our economic prosperity: Identify critical assets and prioritise actions. Objective 2.9: Ensure flood management structures and strategies minimise flooding to our residents properties: Identify flood sites and remedial works as set out in the Council Plan 2011-2014.

CONCLUSION

The Council Plan outlines the goal to ensure that Council’s asset management practices are clearly defined and in accordance with a strong Asset Management Policy and Strategy. Further to Council adopting an Asset Management Strategy in December 2010, the formulation and adoption of a Drainage Asset Management Plan forms the last asset management plan action within this strategy.

The consideration of this plan for adoption forms the next step toward achieving the defined Council Plan objectives and the journey towards a core standard in Council’s asset management practices by December 2012.

Attachments 1. Attachment 1 Drainage Asset Management Plan - 8 May

2. Attachment 2 - Drainage Asset Management Plan Submission - Alan Pleitner - 8 May 3. Attachment 3 - In support of Alan Pleitner Submission

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13. GOVERNANCE

13.1 COUNCIL OFFICE ACCOMMODATION DESIGN

File No: 2012/219 Brendan McGrath - Chief Executive Officer Governance

For Decision

That Council: 1. Endorse option (c) design for inclusion in the Town Planning Permit Application for

Beechworth; 2. Endorse the advertised plan for the Yackandandah site for inclusion in the Town

Planning Permit Application Moved: Cr Issell Seconded: Cr Pockley For: Cr Issell, Pockley, Goldsworthy, Graham, Croucher Against: Cr Murdoch, Gaffney

That Council accepts the design for the Yackandandah Council Offices and directs the CEO to progress the Yackandandah site.

The CEO explores every avenue to retain the Welsford building within the township.

Carried

Explanatory comment

Nil.

Cr Vic Issell

Date received Friday 4 May 2012

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Moved: Cr Issell Seconded: Cr Pockley

That an independently facilitated workshop be held in Beechworth to: a. Present the findings of the submissions on the proposed Beechworth Council building; b. Enable the Architects to present their response to these submissions regarding design

and site issues; c. Enable the community to make further comment on the reviewed design and site of the

proposed Beechworth Council building.

That this workshop be held in the next month, providing the community with 2 weeks notice.

That following this workshop, and having taken into account any further considerations to emerge from that workshop, the CEO provide a recommendation to Council at the June Meeting.

Explanatory comment

Nil.

Cr Vic Issell


AMENDMENT

Moved: Cr Gaffney Seconded: Cr Murdoch For: Cr Gaffney, Murdoch Against: Cr Pockley, Goldsworthy, Issell, Croucher, Graham

That a consultation process begin with representatives of those who lodged submissions to: a. present the findings of the submissions on the proposed Beechworth Council building; b. enable the Architects to present their response to these submissions regarding design and site issues; c. enable the community to make further comment on the reviewed design and site of the proposed Beechworth Council building. This process begin immediately. That following this process and having taken into account any further considerations to emerge from that process the CEO provide a recommendation to Council in due course.

Lost

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Moved: Cr Issell Seconded: Cr Pockley For: Cr Issell, Pockley, Goldsworthy, Graham, Croucher Against: Cr Murdoch, Gaffney

That an independently facilitated workshop be held in Beechworth to: d. Present the findings of the submissions on the proposed Beechworth Council building; e. Enable the Architects to present their response to these submissions regarding design

and site issues; f. Enable the community to make further comment on the reviewed design and site of the

proposed Beechworth Council building.



Carried

Explanatory comment

Nil.

Cr Vic Issell

Date Received Friday 4 May 2012

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Cr Issell and Cr Pockley moved a motion that the following item from the Confidential Council Minutes of 12 July 2011 be released to the public. Item 17.1 Council Office Accommodation

Moved: Cr Goldsworthy Seconded: Cr Graham That Council: 1. Allocate a maximum of $4.5M across the 2011/2012, 2012/2013 years for

this project, on the basis this can be partly offset by $1.2-2m state funds, existing funds and borrowings.

2. Authorise Officers to go to tender for professional services to commence the detailed design phase, based on option 1b of the report.

3. Investigate costs and options associated with temporary office accommodation during any relocation of staff during upgrades.

4. Receive a report detailing the outcome of 2 and 3 above. 5. Designate the Kwong report and Suters report as being publically

available.

Lost

For: Against:

Cr Goldsworthy Cr Pockley

Cr Graham Cr Gaffney

Cr Murdoch

Cr Issell

Moved: Cr Gaffney Seconded: Cr Murdoch To defer this item to the September Council Meeting for more information to be provided.

Carried

For: Against:

Cr Pockley Cr Goldsworthy

Cr Gaffney Cr Graham

Cr Murdoch

Cr Issell

Cr Croucher

Moved: Cr Issell Seconded: Cr Pockley

Unanimously Carried

Cr Gaffney tabled a letter signed by 21 members of chamber of commerce.

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RECOMMENDATION

That Council: 1. Endorse option (c) design for inclusion in the Town Planning Permit Application for

Beechworth;

2. Endorse the advertised plan for the Yackandandah site for inclusion in the Town Planning Permit Application

INTRODUCTION

This report is intended to seek a decision from Council on a preferred option to enable officers to move forward and progress this important project.

BACKGROUND

Councillors would be familiar with the background of this project, given the various reports and briefings that it has considered. In September 2011 Council resolved to proceed with the development of the Beechworth and Yackandandah sites and to engage a design team for the project. The design has now advanced to the consultation phase and this report brings back the results of this process and a suggested design response. Information sessions and the consultation process was promoted over a two week period and included media releases to all local media including community newsletters; posters and flyers; images and fact sheets on Council's website; an email campaign via Council's various databases; designs and fact sheets at Council's Customer Service Centres, small village Post Offices and corner stores; Indigo Connection in the Ovens & Murray Advertiser , and television. Attendance was poor with 26 attending the Yackandandah session on Monday 26 March 2012 and 10 attending the Beechworth session on Tuesday 27 March 2012. In addition, a community-organised information session on Monday 9 April 2012 was attended by all Councillors and the CEO with around 100 people attending.

Of that number, 84 supported a motion requesting Council to stop all work on the entire Council office project at both sites. At the time of finalising this report, 75 submissions had been received, with 15 in favour including the Beechworth Chamber of Commerce, 32 against the design for Beechworth, 9 against the site in Beechworth, and 14 against the whole project. There were 5 submissions directly in relation to Yackandandah. They were generally favourable but expressing concerns about the need for solar panels on the new building (1), parking (1) and removal of the Wellsford Street miner's cottage (3).

Council’s Heritage Advisory Committee has also considered the proposed designs.

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KEY IMPLICATIONS

The next phase of this process is to consider submissions and consider how the key points made can be reflected in the proposed design. A table is below summarising key concerns and suggesting design responses. There are also 3 design options attached, the advertised version (A), a slightly amended version of the advertised one, picking up on early comment in the consultation process (B) and a third design (C) conceived out of all comments to date, which is quite different to (A) and (B) and very similar to the existing office design. No. COMMENT DESIGN RESPONSE MAIN ISSUES A: DESIGN

1. Against Beechworth design on heritage grounds Inappropriate design, rushed process

Refer alternative design - Roof has been redesigned. External walls

now hide the roof and it is no longer visible. - Vertical window treatment – the windows are

redesigned to reflect existing historic window patterns. They now have similar vertical proportions.

- Support columns have been redesigned; now a more solid structure. The carpark area has an external cladding and this will protect the view lines from the Town Hall gardens

- Horizontal banding/ and a layering to façade – the capping to all external walls is projecting. This is similar to the historic cornice lines and horizontal banding found on all historic buildings.

- The elevations have been broken up into horizontal sections and this is similar to the surrounding two storey 19th century buildings.

2. Against Beechworth design on heritage grounds

Refer alternative design – see comments above

3. Against Beechworth design, not sympathetic to heritage of the town. Prefer non-offensive design, like supermarket. Shire should set example so one heritage standard applies to all.

Refer alternative design – see comments above Contemporary practice is – don’t pretend to build something so it looks “old”, however this revised design is more sympathetic to heritage concerns. The design has taken the historic aesthetic conventions and reinvented them in the facade

4. Against Beechworth design. Should be empathetic to heritage, like supermarket




6. Against Beechworth design. Not in keeping with existing build heritage. Should be more sympathetic


7. Against Beechworth design. Refer alternative design – see comments above

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Improve office accommodation but not in this ‘brutal’ way.

8. Against Beechworth design on heritage grounds. Wants one site in Yackandandah or for Council to buy LaTrobe site and subdivide


9. Against Beechworth design. Not sympathetic to surrounding area. Not an appropriate site


10. Against Beechworth design. Not sympathetic to heritage area. Should make roof align with hall and enclose car park

Refer alternative design – see comments above Hall roof is far too high/expensive to match. If the existing roof lines were followed the bulk and scale would be a dominant feature and not appropriate.

11. Against design at Beechworth. Roof line should match hall.


12. Against Beechworth design. No relationship to heritage character of historic precinct. Should at least echo roof line of hall. Suggests stepping back and considering need for funds to repair Lake Sambell dam wall and look further at renting for Council accommodation purposes. Concerned about cost.


13. Against Beechworth design. Should be sympathetic to historic streetscape, parkland & in keeping with visitors, locals’ expectations.


14. Against Beechworth design on heritage grounds.




16. Against Beechworth design. Needs to be sympathetic to adjacent streetscape and parkland, to meet expectation of residents and visitors who are attracted to the culture, historic architecture and ambience of Beechworth


17. Against Beechworth design. Potential to destroy streetscape of heritage precinct, especially Burke Museum and Town Hall. New building should not intrude into the precinct. Need to blend in more with existing office and Memorial Hall


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18. Against Beechworth design. Love modern buildings but this one should not be in an historic setting


19. Against Beechworth design. Design not in keeping with historic setting. Need to design a sympathetic façade, while having modern and sustainable building practices


20. Against new office on heritage grounds. Do not want it in Beechworth. Council staff could go to new office in Yackandandah. Do not want Beechworth to change.

21. Both sites are not in keeping with heritage values


22. Complaining of the short time frame for public consultation and appearance of Beechworth building (not heritage).


23. Beechworth building needs to be in keeping with the heritage look of the Town Hall Gardens, Historic Precinct, gaol.


24. Wants to preserve the heritage of the town – lack of community’s concerns being listened to.

25. Beechworth offices should be in keeping with heritage streetscape.


26. Unhappy with skillion roofs on both designs. Designs have no relationship to architecture or history of both towns.


27. Against both Yackandandah and Beechworth designs on heritage grounds



30. Against Beechworth design. 31. Against Beechworth design on

heritage grounds.

32. Against design at Beechworth on heritage grounds.


B: IN FAVOUR 33. Likes both designs. Beechworth

site now a dead space, rear of hall, toilets and Burke Museum. Museum would become more

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connected by smart contemporary structure

34. Supports Beechworth design & site. Cautions against “design by committee” as architecture is subjective. People don’t like change.

35. Supports Beechworth design, likes energy efficient measures. Believes the design, as part of a progression of building designs in the town reflecting changing values, would add to the precinct as long as there is energy efficiency in the design.

36. In favour, suggests matching colours of current office, covering steelwork to ground level, altering roof to traditional dual pitch


37. Interested in the colour scheme for the Beechworth building.

Colours generally in keeping with site context – refer alternative design

38. Enough money has been spent on the project, it’s time to get on with it as new offices are necessary.

39. This is an appropriate use of funds for the Council – both buildings are ideally placed.

40. Appropriate use of Council funds, modest budget. Both sites well located, good to incorporate old and new like Yackandandah Primary School building.

41. Innovative and appropriate solution on a difficult site. See addition to Museum of Contemporary Art in Sydney for similar approach.

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42. Design of Beechworth building is a

matter of personal opinion and preference. Beechworth Chamber members were aware of ways to provide feedback. Member survey shows even spread of views on design – negative, positive and neutral. So, the Chamber has no official position on design. Majority of members want Council office to remain centrally located and site for extension is appropriate. Chamber Executive resolved with support of members that it has confidence in the Council’s process and that construction of Beechworth extension should proceed. Current process should not be halted.

43. Supports design of Beechworth office. Heritage is important but a modern building reflects forward thinking. Make new offices as environmentally responsible as possible in construction and future operation.

44. In favour of Beechworth design overall. Suggests minor changes to be in harmony with existing non-heritage office, removing Museum Way covered walkway in favour of a sculpture walk.

45. New building’s toilet facilities should have suitable access for a Washington-Ferno stretcher. Should have doors that can be removed from hinges to allow easy access to a stretcher. Facilities to be tested before occupation by Council staff.

46. Strong support in general sense for Beechworth and Yackandandah designs. Well overdue. Member of Environment Advisory Committee and seeks answers to ‘green’ sustainable initiatives in designs and would like stronger emphasis on these.

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47. In favour of reasoned debate. In

favour of Beechworth design and site.

C: SITE 48. Against Beechworth design and

site. Private buildings near the site have all adopted a ‘heritage’ feel. Redirect funds to Yackandandah new office. Submitted drawing on 24 April for Beechworth site.


49. Beechworth site unsuitable for new office. LaTrobe or old Aged Care site more suitable.

50. Wants one Shire office at Latrobe. 51. Wants the Beechworth offices in

the Memorial Hall, worried about lack of heritage look of new building.


52. Wants Council to consider Suters’ report to consolidate offices, doesn’t think process has been transparent. Second submission on 25 April 2012 detailing various concerns including cost.

53. Should have offices with heritage appearance. Wants one site at Yackandandah


D: OTHER SUGGESTED SITES 54. Office accommodation should not

proceed at all. Should be only one consolidated office. Should look at LaTrobe. Too much money wasted on consultants reports so far. Out-source services to private sector.

Views acknowledged. Council decision in September 2011 to proceed on Yackandandah and Beechworth sites. Issue now is of design.

55. Pause the project. Obvious need for new offices but reconsider consultant’s report where one site is suggested, as it would create annual savings. Design should be more sympathetic to the surroundings.


56. Wants Council to purchase the old gaol or The Old Priory for offices. Wants to know how much the total project has cost so far.

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E: YACKANDANDAH

57. No major objection. Having cohesive functional teams at both Yackandandah and Beechworth sites is more important than one single site.

58. Don’t want the miner’s cottage in Wellsford Street to be knocked down at the Yackandandah site. They want the Beechworth site to be sympathetic to heritage values.

59. Do not want miner’s cottage (Wellsford House) to be demolished. Want to retain frontage just as was done for the Public hall, Museum. View from Memorial Gardens should not be of the modern eastern aspect of the new office and a car park

60. Would like PV solar panels on north-facing pitched roofs of Yackandandah office as an example of Council supporting sustainable energy practices and cutting power costs

Planned to be installed - budget permitting

61. Happy with Yackandandah design. Concerns about car parking in Windham Street behind Star Hotel.

F: AGAINST THE PROJECT 62. Against Council borrowing this

much money to do office extensions.


63. Against Beechworth design. Question the need to build at all and why have 2 offices?


64. Wants one consolidated office to maximise savings. Stop project.


65. Halt the project. Heritage concerns and cost an issue.

66. Object to both projects. Concerns about heritage, haste, cost, consultation process

67. Against both designs on both sites on heritage and cost grounds.

68. Against both designs on both sites on cost grounds.

69. Against design, sites and split office arrangement.

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70. Against whole project on heritage and cost grounds.



73. Against whole project on heritage and cost grounds and split sites.

74. Against the whole project. Wants Lake Sambell repaired.

75. Against the whole project. Wants Lake Sambell repaired.

The design endorsed by Council will form part of the planning permit application which will be lodged after the May Council Meeting. The community will have further opportunity to comment during this process, including a further public meeting. A broad timeline of key activities is outlined below: Council resolves on preferred design option 8 May 2012 Town planning application lodged May 2012 Further public meeting on design held as part of planning approval process mid May 2012 Report to consider planning application to Council 26 June 2012 EOI/Tender construction Late May/

early June 2012 Report to Council to appoint builder and award contract July/Aug 2012 Construction commences September 2012


With the confirmed State Government funding and Library funding the project Budget is $4.734M. Council’s Draft 2012-13 Budget assumes borrowing $1M which is forecast in Council’s Strategic Resource Plan for 2012/13 and also forecasts an additional $1M borrowing in 2013/14. These borrowings along with debt redemption will keep Council’s total debt to below VAGO’s low risk threshold.

POLICY IMPLICATIONS

Progression of this project would be consistent with the Council Plan resolution “Review the Council’s office accommodation strategy including options to provide for short and long term needs and implement the Council’s advised decision.”

COMMUNICATION

Council’s decision will need to be clearly communicated to the community, including the rationale for this decision. Communication will include: 1. Images and information on display at Council's Customer Service Centres and on the

website - 9 May 2. Media release - 9 May.

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3. Indigo Connection advertisement - 9 May. 4. Email campaign - 9 May. 5. Promotion of an information session in Beechworth mid May to be included in all of the

above. 6. Normal notifications and referrals via the statutory planning process.

CONCLUSION

This report has attempted to summarise the range of issues outlined in the 62 submissions received and to make a design recommendation in response. The recommendation to endorse response (C) addresses the main points raised through the submission process.

Attachments 1. Submissions

2. Image 1 3. Image 2 4. Image 3

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13.2 BEECHWORTH TREES CONSULTATIVE GROUP

File No: 2012/221 Brendan McGrath – Chief Executive Officer Governance

For Decision

Moved: Cr Issell Seconded: Cr Murdoch That Council: a. Endorses the formation of a Beechworth Trees Consultative Group. b. Endorses the attached Terms of Reference for that group. c. Advertises for Expressions of Interest for membership of that group. d. Assesses the Expressions of Interest, in conjunction with the Beechworth Treescape

Group, to finalise membership of the Beechworth Trees Consultative Group.

Unanimously Carried Moved: Cr Murdoch Seconded: Cr Issell That the Council explore the formation of a shire wide tree management consultative group with the terms of reference similar to the Beechworth Group and report back to Council within 3 months on the options.

Unanimously Carried

RECOMMENDATION

That Council: a. Endorses the formation of a Beechworth Trees Consultative Group. b. Endorses the attached Terms of Reference for that group. c. Advertises for Expressions of Interest for membership of that group. d. Assesses the Expressions of Interest, in conjunction with the Beechworth Treescape

Group, to finalise membership of the Beechworth Trees Consultative Group.

INTRODUCTION

� Council’s Tree Management Plan provides a framework for the management of the Shire's street trees. The purpose of the Plan is to: • Acknowledge the important role that trees play within Indigo Shire townships. • Provide a framework for the protection and enhancement of street, roadside and parkland

trees within Indigo Shire. • Provide a clear and consistent approach to the way Indigo Shire manages tree issues • Assist Indigo Shire in determining priorities for tree maintenance programs, removal and

replanting and associated works including planning / development issues. � The Plan provides principles and a policy framework for how Indigo Shire addresses: • Tree Management • Tree Risk Identification and Mitigation

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• Tree Inspections and Assessments • Tree Selection and Tree Planting • Tree Removal • Tree Replacement • Tree Protection • Significant Trees • Infrastructure Protection • Electric Power Line Clearance (SP AusNet) • Tree Maintenance • Pests & Disease control.

BACKGROUND

There has been concern in the Beechworth community in recent months about the care and maintenance of Beechworth’s trees. This arose from a Council plan to remove five Lombardy Poplar trees in Camp Street so that appropriate drainage work could be undertaken. Community concern led to a public meeting in January 2012 to discuss the issue with 105 people attending, a petition to the March Council Meeting with over 1200 signatures and a media campaign. Over the past weeks Council officers have discussed with the Treescape Group the formation of a Beechworth Trees Consultative Group, which would be independent of both Council and the Beechworth Treescape Group, but both parties would have representation on it. Terms of Reference for this group and a draft Expressions of Interest advertisement have been drafted and are attached for Council’s consideration.

KEY IMPLICATIONS

The formation of this Consultative Group meets a number of principles in our Communications Policy including that we work to develop trust and positive relationships in our community, demonstrate a transparent willingness to work in partnership with people and organisations and encourage local knowledge and input.


There may be financial costs associated with the advice and recommendations put forward by this Consultative Group that would need to be considered as part of Council’s normal prioritization processes. LEGAL/COUNCIL PLAN/POLICY IMPACT

COUNCIL PLAN This Beechworth Trees Consultative Group will assist with the achievement of the key strategic objective 1.3 Enhance our communications; and 1.4 Foster community involvement in Council decision-making, as set out in the Council Plan 2011-2014, specifically by contributing to strategic actions Conduct business in accordance with Council’s Communications Policy. COMMUNICATION

Expressions of Interest for membership of the Consultative Group will be publicised via a Media Release, Council’s advertisement in the O&M newspaper and an email campaign to interested groups.

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CONCLUSION

The formation of this Consultative Group will allow Council and community expertise to combine to provide advice and recommendations on the ongoing care and maintenance of Beechworth’s trees. This new group is an example of a Council/community working partnership on an important matter of community concern.

Terms of Reference and Expressions of Interest advertisementAttachments 1. Terms of Reference

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13.3 CURRENT ENFORCEMENT MATTER

File No: 2012/227 Brendan McGrath - Chief Executive Officer Governance

For Information

INTRODUCTION

This Report provides a brief update on the progress of a current enforcement matter relating to the removal of native vegetation.

BACKGROUND

Councillors would be aware of an enforcement matter which has received quite a bit of publicity in recent times relating to the removal of native vegetation.

At the April Meeting the following resolution was passed, “That Council stop proceedings for one month with regard to the Elligate enforcement matter to allow Council to fully discuss the issue. Unanimously Carried.”

A meeting has been held on site with the property owner and other interested representatives. Discussions have been very positive and this Officer believes the matter can be resolved to everybody’s satisfaction. A more detailed account of the proposed resolution is attached as a Confidential Attachment due to the concerned individual’s privacy in this matter.


There are no financial implications relating to this matter.


Resolution of this matter to our satisfaction is important to ensure compliance with Planning Scheme and other relevant State Policy and to ensure an example is set that there are correct processes that need to be followed in relation to the removal of native vegetation.

CONCLUSION

It is considered that this matter can be satisfactorily resolved in the very near future and that all parties involved will accept the outcome.

Attachments Confidential. Letter to Lyn Elligate

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14. NOTICES OF MOTION

14.1 COUNCIL OFFICES - YACKANDANDAH

That Council accepts the design for the Yackandandah Council Offices and directs the CEO to progress the Yackandandah site.

The CEO explores every avenue to retain the Welsford building within the township.

Explanatory comment

Nil.

Cr Vic Issell


14.2 COUNCIL OFFICES - BEECHWORTH

That an independently facilitated workshop be held in Beechworth to:

a. Present the findings of the submissions on the proposed Beechworth Council building;

b. Enable the Architects to present their response to these submissions regarding design and site issues;

c. Enable the community to make further comment on the reviewed design and site of the proposed Beechworth Council building.



Explanatory comment

Nil.

Cr Vic Issell


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15. GENERAL BUSINESS

15.1 CERTIFICATE OF APPRECIATION

Cr Pockley tabled a Certificate of Appreciation received in recognition of valuable contributions to the ‘Think Women for Local Government 2012’ from the North East Local Government Women’s Association. The Mayor accepted the Certificate.

15.2 LAKE SAMBELL

Cr Issell asked for an update on this matter. The CEO responded that Council has received funding from the Department of Sustainability and Environment to carry out engineering investigations at Lake Sambell. Two tenders have been received to carry out the investigations for initial works only.

15.3 SKELETON HILL

Cr Gaffney asked for an update on this matter. Mark Florence responded that the applicant has written to VCAT seeking an immediate decision.

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16. COMMITTEE AND DELEGATES REPORTS (ARE ALL FOR INFORMATION ONLY)

16.1 CR LARRY GOLDSWORTHY - MAYOR

For Information

DATE TIME FUNCTION/EVENT LOCATION

2-Apr 9.45am Meeting Gareth Kay, Bendigo Bank Beechworth

11am Meeting with Mark Stephens, O& M Advertiser Beechworth

1.30pm Weekly Meeting with CEO Beechworth

3-Apr 10am Kerferd Oration Meeting Beechworth

2.30pm Site inspection Allans Flat

4pm Council Briefing Meeting Beechworth

4-Apr 10am Integrated Municipal Fire Management Planning Committee Meeting

Beechworth

4pm Indigo Finance Committee Meeting Beechworth

7-Apr 1.30pm Easter Parade Beechworth

8-Apr 10pm Easter Egg Hunt, Chinese Gardens Beechworth

9-Apr 7pm Public Meeting re: Office Accommodation Beechworth

10-Apr 2pm 3pm

Council Briefing Meeting Council Meeting

Chiltern

11-Apr 1pm Ministerial Visit – Damian Drum Beechworth

4pm Budget Workshop Beechworth

12-Apr 4pm Budget Workshop Beechworth

13-Apr 12.45pm Launch of Indigo Gold Trail second stage Rutherglen

16-Apr 10am Weekly Meeting with CEO Beechworth

17-Apr 4pm Council Briefing Meeting Beechworth

18-Apr 7.30pm Baarmutha Park Committee Meeting Beechworth

19-Apr 12pm Meet with the director of movie Cliff Young Beechworth

6pm Community Meeting Indigo Valley

10am Kerferd Oration Meeting Beechworth

22-Apr 10am Milk Run Huon

23-Apr 10am Easter Parade best float trophy presentation CWA

Beechworth

24-Apr 12.30pm Weekly Meeting with CEO Beechworth

1.30pm Pre Hume Cluster Meeting Beechworth


25-Apr 6.30am Anzac Day Dawn Service Beechworth

9am Anzac Service, Beechworth Health Service Beechworth

11am Anzac Day March Beechworth

27-Apr 10.30am Primary School Building Opening Beechworth

Attachments Nil

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16.2 CR PETER CROUCHER - DEPUTY MAYOR

For Information


3-Apr 2.30pm Site inspection Allans Flat


4-Apr 10am Safety Advisory Committee Meeting Chiltern

5-Apr 11am Meeting with Mark Green Kiewa

12.30pm Rostrum Albury

7-Apr All Day Golden Horse Shoe Festival Beechworth

10-Apr 1pm Upper Murray Regional Library Meeting Wodonga

2pm 3pm 6.30pm

Council Briefing Meeting Council Meeting Community Forum

Chiltern

11-Apr All Day Heritage Awards Judging Shire-wide


12-Apr 10am Upper Murray Regional Library Meeting Wodonga


13-Apr 11am Indigo Tourism Advisory Committee Meeting Rutherglen

12.45pm Launch of Indigo Gold Trail second stage Rutherglen

2.30pm Noni Kilo’s Farewell Yackandandah

15-Apr 1pm Official opening of Tangambalanga Skate Park

Tangambalanga

23-Apr 12pm Chiltern Community Meal Chiltern

2.30pm Meeting with Don Chambers Rutherglen

24-Apr 2.30pm Site inspection Stanley


25-Apr 5.50am Anzac Day Dawn Service Kiewa/Tangambalanga

8.45am Anzac Day March Kiewa/Tangambalanga

27-Apr 12pm Tangambalanga Community Meal Tangambalanga

Attachments Nil

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16.3 CR ALI POCKLEY - COUNCILLOR

For Information


1-Apr 10am Opening the “Connecting Rural Business Women 2012” conference

Beechworth

3-Apr 10am North East Regional Sustainability Alliance meeting

Beechworth

12.30pm Meeting regarding Indigo U3A Yackandandah

2.30pm Planning site meeting Allan’s Flat


5-Apr 12.30pm Rostrum Albury

6pm Opening of Art Exhibition Yackandandah


10-Apr 1pm 2030 Feedback Meeting Chiltern

2pm 3pm 6.30pm


Chiltern

11-Apr All Day Heritage Awards Judging Shire-wide


12-Apr 9.11am Heritage Awards Judging Beechworth


16-Apr 7pm Burke Museum Committee of Management

Beechworth

17-Apr 4pm Council briefing Beechworth

18-20 Apr

All Day Rural Summit 2012 Port Fairy

23-Apr 12pm Chiltern Community Meal Chiltern

24-Apr 2.30pm Planning site inspection Stanley


25-Apr 5.50am Anzac Day Dawn Service Yackandandah

9.30am Anzac Day March Yackandandah

26-Apr 1pm Paul McGowan’s Funeral Wodonga/Yackandandah/ Indigo Valley

27-Apr 12pm Tangambalanga Community Lunch Tangambalanga

28-Apr 9-4pm Landlinks Forum Wahgunyah

29-Apr pm Beechworth Sustainability Open Property Day

Wooragee/Beechworth/ Stanley

Attachments Nil

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16.4 CR BERNARD GAFFNEY - COUNCILLOR

For Information


3-Apr 9am Wine Board Meeting Rutherglen

2.30pm Site inspection Allans Flat


4-Apr 4pm Finance Committee Meeting Beechworth

5-Apr 12.30pm Rostrum Albury

7-Apr 10am Golden Horseshoes Festival Beechworth

8-Apr 10am Golden Horseshoes Festival Beechworth


10-Apr 2pm 3pm 6.30pm


Chiltern



13-Apr 11am Indigo Tourism Advisory Committee Meeting Rutherglen

1pm Meeting with Chair of Chiltern Athenaeum Chiltern

19-Apr 6pm Public Meeting Indigo Valley

21-Apr 2pm Chair Stanley Rural Community Inc. Annual General Meeting

Stanley



25-Apr 6.30am Anzac Day Dawn Service Beechworth

10am Anzac Day Service Barnawartha

11am Anzac Day Service Beechworth

30-Apr 4pm Audit Committee Meeting Beechworth

Attachments Nil

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16.5 CR PETER GRAHAM - COUNCILLOR

For Information


8-Apr 8am Farmers Market Rutherglen

1.30pm Golden Horseshoes Festival Beechworth



Chiltern

13-Apr 12.45pm Launch of Gold Trail second stage Rutherglen

16-Apr 1.30pm Disability Advisory Committee Meeting Rutherglen

17-Apr 11am Neighbourhood Watch Meeting Rutherglen

7pm Lions Club Meeting Rutherglen

18-Apr All Day Rural Summit 2012 Port Fairy



21-Apr 8am Lions Club Fund Raising Browns Plains

27-Apr 9.15am MAV Forum Benalla

28-Apr 2.30pm Order of Australia Function Seymour

Attachments Nil

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16.6 CR VIC ISSELL - COUNCILLOR

For Information



7 Apr 1.30pm Golden Horseshoes Festival Welcome to country and grand parade

Beechworth

9 Apr 4pm Meeting with constituent re tree removal issue Indigo Valley

9 Apr 7pm Public meeting on council offices Beechworth



Chiltern

11 Apr 4pm Budget Workshop Beechworth

11 Apr 4pm Budget Workshop Beechworth


25 Apr 11am Anzac Day Beechworth

25 Apr 1pm Meeting with constituent re EAC Beechworth

Attachments Nil

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16.7 CR BARB MURDOCH - COUNCILLOR

For Decision


3-Apr 2.30pm Site inspection Allans Flat


4-Apr 10am Indigo Safety Plan Advisory Committee Meeting Chiltern

7-Apr 1.45pm Golden Horseshoes Festival Beechworth

9-Apr 7pm Public Meeting re: Council Offices Beechworth

10-Apr 1pm 20/30 Vision Meeting Chiltern

2pm 3pm 6.30pm


Chiltern



13-Apr 12.45pm Opening of Rutherglen Gold Battery Rutherglen

14-Apr 2pm Performance of BlueScope Youth Orchestra Yackandandah

19-Apr 6pm Australian Local Government Women’s Association Annual Dinner

Melbourne

20-Apr 9am Australian Local Government Women’s Association Annual General Meeting and Conference

Melbourne



25-Apr 6am Anzac Day Dawn Service Chiltern

10am Anzac Day Service Barnawartha

11am Anzac Day Memorial Service Chiltern

27-Apr 9am MAV Councillor Workshop Benalla

30-Apr 4pm Audit Committee Beechworth

Attachments Nil

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Meeting Concluded: 5.50pm

Next Meeting: Tuesday, 12 June 2012 at 3pm Community Hall, Tangambalanga

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