draft minutes confidential ordinary meeting of council 15

HEPBURN SHIRE COUNCIL ORDINARY MEETING OF

COUNCIL MINUTES

TUESDAY 15 JUNE 2010

CLUNES TOWN HALL BAILEY STREET

CLUNES 7PM

This Document is printed on 50% Australian recycled paper

i

Hepburn Shire CouncilOrdinary Meeting of

Council

MINUTES TUESDAY 15 JUNE 2010 CLUNES TOWN HALL

Bailey St, Clunes Commencing 7PM

CONTENTS PAGE

1. ACKNOWLEDGEMENT OF TRADITIONAL OWNERS ................................... 1

2. OPENING OF MEETING .................................................................................... 1

3. APOLOGIES ...................................................................................................... 2

4. DECLARATION OF CONFLICTS OF INTEREST .............................................. 2

5. CONFIRMATION OF MINUTES ......................................................................... 3

6. NOTICES OF MOTION ...................................................................................... 3

7. PRESENTATIONS ............................................................................................. 4

7.1 PRESENTATION OF REPORTS ........................................................... 4

7.2 PRESENTATION OF ECO-BUY CERTIFICATE ................................... 8

8. PUBLIC PARTICIPATION TIME ........................................................................ 9

8.1 PETITIONS ............................................................................................ 9

8.2 QUESTIONS .......................................................................................... 9

9. EXECUTIVE SERVICES ................................................................................. 10

9.1 REVIEW OF COUNCIL PLAN 2009-2013 ........................................... 10

9.2 DAYLESFORD MACEDON RANGES TOURISM BOARD – COUNCIL REPRESENTATION ............................................................................ 13

9.3 REGIONAL STRATEGIC PLANNING ................................................. 16

9.4 TOURISM HEPBURN UPDATE .......................................................... 21

9.5 COMMUNITY SATISFACTION SURVEY 2010 ................................... 25

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Council

10. CORPORATE SERVICES ................................................................................ 33

10.1 REVALUATION APPROVAL .............................................................. 33

Attachment 1 ...................................................................................... 38

10.2 SALE OF LAND – CRESWICK ........................................................... 43

10.3 TRENTHAM NEIGHBOURHOOD HOUSE LOAN ............................... 48

10.4 ADOPTION OF VICTORIAN LOCAL GOVERNMENT WOMEN’S CHARTER ........................................................................................... 51

Attachment 2 ...................................................................................... 54

10.5 CLUNES COMMUNITY HOUSING LOAN .......................................... 56

10.6 MONTHLY FINANCIAL REPORT ....................................................... 58

11. COMMUNITY DEVELOPMENT ....................................................................... 79

11.1 SWISS ITALIAN FESTA MOU ............................................................ 79

Attachment 3 ...................................................................................... 82

11.2 RECREATION STRATEGY STATUS REPORT .................................. 92

Attachment 4 ...................................................................................... 95

11.3 PETITION RE HYDROTHERAPY FACILITY ..................................... 103

Attachment 5 .................................................................................... 107

Attachment 6 .................................................................................... 111

11.4 TRENTHAM COMMUNITY GARDEN LICENCE AGREEMENT ....... 116

Attachment 7 .................................................................................... 119

12. SUSTAINABLE DEVELOPMENT .................................................................. 129

12.1 FOOD ACT AMENDMENTS ............................................................ 129

Attachment 8 ...................................................................................... 132

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Council

13. INFRASTRUCTURE ....................................................................................... 137

SEE CONFIDENTIAL ITEMS

14. COUNCIL SECTION 86 AND ADVISORY COMMITTEES ............................ 138

14.1 SECTION 86 AND ADVISORY COMMITTEES UPDATE ................. 138

Attachment 9 .................................................................................... 142

14.2 HERITAGE ADVISORY COMMITTEE .............................................. 145

15. CONFIDENTIAL ITEMS ................................................................................. 150

15.1 CLOSURE OF MEETING TO THE PUBLIC ...................................... 150

16. RE-OPENING OF MEETING TO THE PUBLIC ............................................. 151

17. CLOSE OF MEETING .................................................................................... 151

KAYLENE CONRICK CHIEF EXECUTIVE OFFICER

10 JUNE 2010

TUESDAY 15 JUNE 2010 – HEPBURN SHIRE COUNCIL – ORDINARY MEETING OF COUNCIL

1. ACKNOWLEDGEMENT OF TRADITIONAL OWNERS: We would like to acknowledge we are meeting on Jaara people country, of which members and elders of the Dja Dja Wurrung community and their forebears have been custodians for many centuries. On this land the Jaara people have performed age old ceremonies of celebration, initiation and renewal. We acknowledge their living culture and their unique role in the life of this region.

2. OPENING OF MEETING: The Meeting opened at 7.25pm PRESENT: Mayor Councillor Janine Booth, Deputy Mayor Councillor Rod May, Birch Ward Councillor Jon Barrell, Cameron Ward Councillor Tim Hayes, Coliban Ward Councillor Sebastian Klein, Creswick Ward Councillor Don Henderson, Holcombe Ward Councillor Bill McClenaghan

IN ATTENDANCE: CEO Kaylene Conrick, General Manager Corporate Services Lucy Roffey, General Manager Infrastructure Peter Reeve, General Manager Sustainable Development Robert Jennings, General Manager Community Development Martin Walmsley, Community Strengthening Manager Kathleen Brannigan, Cultural and Arts Liaison Officer Sue Jones. Chief Executive Officer Kaylene Conrick; General Manager Infrastructure Andrew Bourke; General

STATEMENT OF COMMITMENT

“WE THE COUNCILLORS OF HEPBURN SHIRE

DECLARE THAT WE WILL UNDERTAKE ON EVERY OCCASION TO CARRY OUT OUR DUTIES IN THE BEST INTERESTS

OF THE COMMUNITY AND THAT OUR CONDUCT SHALL MAINTAIN THE STANDARDS

OF THE CODE OF GOOD GOVERNANCE SO THAT WE MAY FAITHFULLY REPRESENT

AND UPHOLD THE TRUST PLACED IN THIS COUNCIL BY THE PEOPLE OF HEPBURN SHIRE”

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3. APOLOGIES: Nil 4. DECLARATION OF CONFLICTS OF INTEREST:

Cr Bill McClenaghan declared an indirect Conflict of Interest in Confidential Items 15.2 Tender H220-2010 Operation of Recycling Sorting Facility, 15.3 Tender H221-2010 Kerbside Recycling Collection, 15.4 Tender H222-2010 Kerbside Waste Collection and 15.5 Tender H223-2010 Public Litter Bin Collection Service, due to his involvement in the Waste Management Industry.

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5. CONFIRMATION OF MINUTES:

Recommendation

5.1 That the Minutes of the Ordinary Meeting of Council held on 18 May 2010 (as previously circulated to Councillors) be confirmed as required under Section 93 (2) of the Local Government Act 1989.

Motion

5.1 That the Minutes of the Ordinary Meeting of Council held on 18 May 2010 (as previously circulated to Councillors) be confirmed as required under Section 93 (2) of the Local Government Act 1989.

Moved: Cr Sebastian Klein Seconded: Cr Rod May Carried. 6. NOTICES OF MOTION:

Nil Notices of Motion received at time of collating Agenda.

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7. PRESENTATION OF REPORTS:

Mayor’s Report Mayor Janine Booth delivered the following report: Over the past months there has been an array of opportunities for representation of this Council at various state, regional and local functions. In joining other Mayors and CEOs in attending the National Conference of the LGMA in Adelaide with Mayors, CEOs and Officers from across the country with the theme of Resilience, Recovery and renewal, I had the opportunity to speak with one of the guest speakers in Cheryl Kernot who used the example of Hepburn Renewable Energy 2 turbine wind farm in her speech as an example of Community capacity building and renewal. I have also attended the Local government Ministerial forum for 2010 in Melbourne – a 2 day conference giving Mayors and CEO the opportunity to be updated by Ministers of the State Government on their portfolios. The Conference opened with addresses from the Minister for local government Richard Wynne including the Essential Services Commission review on reporting processes for local government, followed by Minister Maxine Morand on the Year of Women in Local Government and the opportunities for Councils to be involved in supporting and building on diversity within Local Government. We heard from Premier Brumby detailing highlights of the Blue Print for Victoria, Minister Madden on issues in planning, and Minister Merlino on Sport and recreation funding. The regional Mayors and CEO Forum was held in Melbourne following the two day conference which gave regional Mayors and Ceo’s to meet on a one to one basis with Minister Madden on planning issues such as wind farm planning and compliance issues, farm land zones and At a regional level with the upcoming elections there have been a number of opportunities to meet with Ministers and I have attended numerous funding announcements for crucially important community projects across the region including the recent funding promise from Premier Brumby for an additional station for the Maryborough Ballarat Railway Line at Clunes. In Creswick recently an additional $100,000 for our Doug Lindsay Recreation project under the small towns funding was announced by Mr. Geoff Howard Member for

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Ballarat West to fund the inclusion of a commercial kitchen to ensure multi use and functionality for the new Community facility. I also attended to thank Minister Tony Robinson for the announcement of funding from the War memorial restoration funding for the Daylesford cenotaph, Drummond Avenue of Honour, Ullina Avenue of Honour and Eganstown Cenotaph and Avenue of Honour providing much needed funds to restore and preserve these important community remembrance facilities. I have also attended the opening of the new SES and Ambulance Victoria centre at the gateway to Daylesford by Minister Bob Cameron following the funding announcement for the new Police station contributing to the establishment of the Emergency services precinct for that area. I attended a workshop Symposium at the VLGA with other Female Mayors and CEOs with Amanda Sinclair on doing leadership differently as part of the VLGAs Year of Women in Local Government. This session provided useful ideas for the organizing of our own celebratory and acknowledgment Year of Women in Local Government Year Dinner coming up on July 22nd which I am hopeful that all Councillors can attend. I was honoured to be asked to launch the Hepburn Shire Mobility Map and Tourism Hospitality Kit launch recently at the REX in Daylesford. The maps were developed by the Hepburn/Moorabool Rural Access Group, in partnership with the Hepburn Shire and Hepburn Health Service and the kits developed by DeafAccess Grampians and will be available through our visitor information centres. I was also pleased to attend the Ballarat University School of Business Awards to present the recipient Ms Lauren Duver as the best student in Tourism products and services our award of industry placement to the value of $1000. As a leader of local government Tourism services and products, Hepburn Shires ongoing involvement and support is appreciated by the University and students alike. I represented Hepburn Shire Council at the launch of the Courage to Care Exhibition in Ballarat. Hosted by the Ballarat Gold Museum the aim of this worthwhile exhibition is to inform and educate Australians of the dangers of prejudice and discrimination. Its message combats bullying and racism by empowering the individual to make a difference. Locally I have attended our most recent new resident’s session which continue to be well attended and provide a valuable introduction opportunity to new residents for available products, services and groups across the Shire. I encourage any Councillors to attend if at all possible.

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I attended morning teas for Volunteers at the Daylesford and Creswick Visitor Information centres to acknowledge 10 years of volunteer service. A wonderful opportunity to acknowledge the professionalism and commitment of our VIC volunteers to visitors to our Shire. I attended a biggest morning tea event in Creswick for the Cancer Council to raise funds for the prevention, education and early detection of Cancer, and also recently the networking opportunity Dinner with the Board of the Hepburn Health Service. I have also attended the meetings of Councils Women’s Honour Roll Advisory Committee and Youth Advisory Committee. All this, combined with numerous budget meetings, briefing sessions and Council meetings it has been an extremely busy, interesting and very productive month in Local Government in the Hepburn Shire. Councillor Reports Councillor Don Henderson, Creswick Ward did not deliver a report. Councillor Rod May, Birch Ward did not deliver a report. Councillor Bill McClenaghan, Holcombe Ward: The highlight for the month was the first State Council for 2010 of the Municipal Association of Victoria (MAV). Held in Melbourne on Friday 28 May, delegates, Mayors and CEOs from the 78 member Councils attended. I represented Hepburn Shire there and it was a good opportunity to catch up with fellow MAV reps, former Mayors and local CEOs to network and share ideas around. Many issues were passed by resolution with environmental concerns one of the main themes.

Sadly we have said goodbye to our former Environmental Officer, Thea Laidlaw. Thea has gone to work for Pyrenees Shire in her home town of Beaufort and leaves behind a legacy of quiet achievement in many aspects of environmental work in Hepburn. We wish her well in her new career path.

In the past month, there has been much community consultation on the proposed Budget, both formally and informally. Many residents gathered at the Daylesford Town Hall on Tuesday 8 June to voice their views and concerns.

Today, I attended the launch in Ballarat of the State Government’s “Blueprint for a Prosperous and Sustainable Regional Victoria” together with the Mayor and CEO and

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Councillors Henderson, Klein and May. Rural councils from all over the state were in attendance at this landmark event.

Community planning work continues in the North East of the Shire with follow up meetings about to commence at Glenlyon and with ongoing meetings of the Jim Crow Planning Group centred at Yandoit where new locality signs have been erected, plans for a pleasant wayside and streamside stop at Batts Bridge are developing and funding is being sought for refurbishing the Yandoit tennis court in partnership with the local primary school.

Lastly, I would like to congratulate the community of Clunes for achieving their goal of a new railway station for passenger services on the Ballarat to Maryborough line. Today the Premier announced $7 million for a new disability access compliant station in Clunes as part of the total regional package. So well done Clunes; you had a good argument, you put it well and respectfully and you have achieved an important community goal. May the train “stop in Clunes”.

Councillor Tim Hayes, Cameron Ward delivered a verbal report. Councillor Sebastian Klein, Coliban Ward delivered the following report: My first engagement for the month was with Spudfest, where I launched the cookbook for the second year, along with political luminary Jaala Pulford, and where I also helped run the first Trentham ReGenerate gig with two local youth bands playing, the event went well with over $800 raised towards a new skate park and BMX track. The kids look forward to a repeat of this success. It was good to attend the launch of the Hepburn Mobility Map, which has been some years in the making from the rural access workers at HHS. This is a worthy project combining both the interests of tourism and those with access difficulties, in short a great win-win project. I attended also the VLGA Climate Change Working Group, where we received hard copies of the ‘Livable and Just’ strategy, designed to meet socio economic challenges brought about by climate change. I look forward to the implementation of phase two which will involve onground projects with interested councils. Finally the state government “Ready for Tomorrow” blueprint launch today provided an insight into what policies the state government will be taking in to the next election. Of particular note were grants for first time farmers and cadetships to encourage young people to stay and work in the regions.

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Councillor Jon Barrell, Birch Ward did not deliver a report.

Recommendation: 7.1.1 That Council receive and note the reports of the Councillors.

Motion: 7.1.1 That Council receive and note the reports of the Councillors.

Moved: Cr Rod May Seconded: Cr Bill McClenaghan Carried.

7.2 PRESENTATION OF ECO-BUY AWARD Mayor to present framed certificate acknowledging Hepburn Shire’s achievements in the Eco-Buy Awards category Excellence in Green Purchasing – Small Rural Council.

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8. PUBLIC PARTICIPATION TIME:

This part of the Ordinary Meeting of Council allows for the tabling of petitions by Councillors and Officers and 30 minutes for the purpose of:

Responding to questions that have been submitted by members of the community

Allowing members of the community to address Council. Community members are invited to submit written questions to the CEO by 12 noon on the day of the Council meeting. If you wish to address Council you must provide a brief synopsis of your address in writing to the CEO by 12 noon on the day of the Council meeting. Questions may be taken on notice and responded to later. Likewise, some questions of an operational nature may be responded to through usual administrative procedure. Separate forums and Council processes are provided for deputations or for making submissions to Council. 8.1. PETITIONS:

Nil Petitions received at time of collating Agenda. Please see Item 11.3 which addresses the matter of an indoor heated aquatic centre1 facility raised in a petition tabled at the Ordinary Meeting of Council on 18 May 2010. Petition received re Annual Increase in Property Rates and Levies with 511 signatures. In accordance with Hepburn Shire Local Law No. 1, this petition will lay on the table and be addressed at the Ordinary Meeting of 20 July 2010.

8.2 QUESTIONS:

Nil Questions received at time of collating Agenda. 1 Wording changed from “Indoor hydrotherapy facility” to “Indoor heated aquatic centre facility” to reflect the correct title of the Petition.

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9 EXECUTIVE SERVICES:

9.1 ANNUAL REVIEW OF COUNCIL PLAN 2009-2013

(Action Officer – Chief Executive Officer)

Introduction This report relates to Council’s requirement to consider whether its current Council Plan 2009-2013 requires any adjustment in respect of the remaining period of the Council Plan. Report At the Ordinary Meeting of Council held 18 May 2010 Council resolved

That Council review the current Council Plan 2009 – 2013 in regard to adjustments it may see fit to incorporate for the next Ordinary Meeting of Council.

The Local Government Act 1989 S125 (7) states that at least once in each financial year, a Council must consider whether the current Council Plan requires any adjustment in respect of the remaining period of the Council Plan. Council adopted the Council Plan 2009-2013 at a Special Meeting of Council held 30 June 2009. Should Council determine to make an adjustment to the Council Plan 2009-2013 in relation to either the strategic objectives, the strategies for achieving the objectives or the strategic indicators for monitoring the achievement of the objectives Council would be required to advertise its proposed adjustments and invite community comment in accordance with s223 of the Local Government Act 1989. The current Council Plan is not yet 12 months old and Council is yet to consider the results of a full financial year in respect to the Council Plan. The Council Plan 2009-2013 makes four fundamental commitments to the Hepburn Community:

1. We will deliver good governance to the Hepburn Shire. 2. We will help improve economic prosperity. 3. We will assist our residents improve the health, safety and vibrancy of our

communities. 4. We will guide our Shire towards environmental sustainability.

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There are 74 strategies identified to deliver on these four broad commitments over the four years 2009-2013. The strategies are grouped under the headings of “Good Governance”, “A More Prosperous Economy”, “Healthy, Safe and Vibrant Communities” and Environmental Sustainability”. Relevant Policies / Council Plan implications Local Government Act 1989 s 125 Council Plan. Community / Engagement / Communication / Consultation Councillors committed to the process of developing the Council Plan 2009-2013 through a series of workshops with Councillors and Management and also through an extensive public consultation process, which consisted of six public meetings attended by more than 120 people. Council received 40 submissions from the community on the Draft Council Plan and further amended the document following consideration of submissions before adopting the Council Plan at a Special Meeting of Council held 30 June 2009. Should Council decide to make an adjustment to the Council Plan 2009-2013 the Local Government Act 1989 s125 (9) states, A person has a right to make a submission under section 223 on a proposed adjustment to a Council Plan which relates to a matter specified under subsection

• 2 (a) the strategic objectives of the Council; • 2 (b) strategies for achieving the objectives for at least the next 4 years; • 2 (c) strategic indicators for monitoring the achievement of the objectives.

Financial & Resource Implications Initial & Ongoing The Council Plan 2009-2013 is underpinned by the annual budget. Council is currently in the process of advertising its 2010/2011 Budget. Recommendation:

9.1.1 That Council considers whether the current Council Plan 2009-2013 requires any adjustment in respect of the remaining period of the Council Plan.

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Motion:

9.1.1 That Council considers the current Council Plan 2009 – 2013 adequate in respect of the remaining period of the Council Plan.

Moved: Cr Rod May Seconded: Cr Sebastian Klein Carried.

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9.2 DAYLESFORD MACEDON REGIONAL TOURISM BOARD – COUNCIL REPRESENTATIVE

(Action Officer – Chief Executive Officer) Introduction Council at its March 2010 Ordinary Meeting resolved to sign a Memorandum of Understanding (MOU,) between Hepburn Shire Council and Tourism Victoria, to become a funding partner for the Daylesford Macedon Ranges Regional Tourism Board. This report seeks Council determination on a Council representative to the Board. Report The Daylesford Macedon Ranges Regional Tourism Board Implementation Committee was established in July 2009 to progress the establishment of a regional tourism board including the development of the MOU with partnering Councils, the drafting of the Rules of Incorporation and the development of the Charter. The Hepburn Shire Council Chief Executive Officer represents Hepburn Shire Council on the Implementation Committee. To date Hepburn Shire Council, along with neighbouring municipalities Macedon Ranges, Moorabool Shire Council and Hume City Council, has signed a partnering MOU with Tourism Victoria to co-fund the establishment and operation of a regional tourism board for the next three years. Thirteen members will make up the new Daylesford Macedon Ranges Regional Tourism Board (RTB) comprising:

• 4 Local Government Representatives; • 7 skills-based Directors; • 1 Tourism Victoria Representative; and • 1 Independent Chair.

Each local government funding partner receives one seat on the Board with full voting rights. The general skills based criteria will be applied to all Board Members where possible. The Council representative could be either a Councillor or Council Officer. The Implementation Committee has advertised the skills-based Directors and the Chairman positions and is now in the process of conducting interviews. Council’s Chief Executive Officer Chairs the Interview Panel for the recruitment process. The RTB will be launched early in the new financial year and will deliver a Strategic Plan within 3 months of its commencement.

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The role of the Board will be strategic tourism development and advocacy for the region, its functions will include:-

• Industry Development • Product Development • Regional Marketing • Strong Advocacy and United Voice for the Region • Effective Coordination and Communication • Skills Training • Leadership and Mentoring • Networking • Identifying Investment/Infrastructure Opportunities • Managing Tourism Sustainability

Relevant Policies Council Plan 2009 – 2013 – A more prosperous economy 28. We will support Tourism Victoria and Hepburn (Shire) Regional Tourist Association, and through the implementation of the Destination Daylesford Strategic Tourism Plan, we will assist with the establishment of an adequately resourced Tourism Board with strong local representation and a strong local purpose for the whole of Hepburn Shire. Community Engagement This report relates to an internal Council decision. Financial Implications There are no financial implications relating to Council determining a representative to the RTB. Recommendation 9.2.1 That Council appoint a representative to represent Council on the Daylesford

Macedon Ranges Regional Tourism Board.

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Motion 9.2.1 That Council appoint Councillor Jon Barrell to represent Council on the

Daylesford Macedon Ranges Regional Tourism Board. Moved: Cr Rod May Seconded: Cr Tim Hayes Carried. Motion To change the order of business and bring Item 11.3 forward for consideration. Moved: Cr Don Henderson Seconded: Cr Rod May Carried.

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9.3 REGIONAL STRATEGIC PLANNING (Action Officer – Chief Executive Officer) Introduction The purpose of this report is to review and endorse the Central Highlands Regional Strategic Plan (RSP). A copy of the plan has been provided to Councillors under separate cover. Report In June 2008 the Premier established the Ministerial Taskforce on Regional Planning to oversee the Regional Strategic Planning Initiative (RSPI). Responding to these challenges and opportunities, the Taskforce has two clear roles:

• to develop a new, long-term blueprint to manage growth and change in provincial Victoria over the next decade; and

• to develop stronger regional planning processes. The Statewide blueprint will provide a broad framework for future development while putting forward a range of new programs and initiatives that can be adapted to all regions. It will effectively succeed the 2005 statement Moving Forward: Making Provincial Victoria the Best Place to Live, Work and Invest as the centrepiece of regional development policy in Victoria. The blueprint is due for release by the State Government in June 2010. In addition to the Statewide Blueprint, regions have been working on regional and sub-regional plans. In the Grampians Region, the RSPI also commenced over two years ago. The preparation of two sub-regional plans to inform the future development, service provision, infrastructure, social, environmental and economic requirements of the region is a key activity for all governments, agencies and the community leading into June 2010. The two sub-regions in the Grampians Region are:

• Central Highlands, covering the eight municipalities of Moorabool, Golden Plains, Central Goldfields, Hepburn, Ballarat, Pyrenees, Ararat and Northern Grampians.

• Wimmera Southern Mallee, covering the six municipalities of Yarriambiack, Horsham, West Wimmera, Hindmarsh, Northern Grampians and Buloke; and

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Both the Wimmera Southern Mallee and the Central Highlands RSPs have been largely completed. The plans are now being presented and final discussions and refinement undertaken by key stakeholder organisations and groups throughout the region. On 20 May 2010, the Grampians Regional Management Forum, chaired by Richard Bolt, the Secretary for the Victorian Department of Primary Industries, provisionally endorsed the plans. Similarly, on 28 May 2010, the Regional Development Australia – Grampians Committee, chaired by Jo Bourke also endorsed the strategic directions contained in both the Wimmera Southern Mallee and Central Highlands RSPs. The plans are now being submitted to the respective June meeting cycles of councils throughout the region for consideration and endorsement. The final plans, with relevant letters of endorsement will then be submitted to the Victorian Government with a target submission date of 30 June 2010. Central Highlands RSP The development of the Central Highlands Regional Strategic Plan has been led by a dedicated Project Control Group with support from specialised consultants. The Project Control Group, chaired by Stephen Cornish, CEO Pyrenees Shire, was established as a sub-committee of the Central Highlands Mayors and CEOs Forum together with state government representatives from the Department of Planning and Community Development, the Department of Sustainability and Environment and Regional Development Victoria. The PCG also included representatives from the RDA Grampians Committee. Hepburn Shire Council’s CEO is on the PCG. The development of the CH RSP has involved extensive input from a range of organisations, individuals and agencies across the region and state. The plan has also drawn upon work previously undertaken by the Central Highlands Mayors and CEOs Forum including the 2007 edition of the CH21 Strategic Plan. The CHRSP deliberately focuses on regional scale issues and directions. The plan therefore does not deal with specific local issues nor does it promote strategies and actions where they are matters that are generally shared across regional Victoria. The plan sets out a vision that is designed to best position the Central Highlands to 2030 and beyond so as to provide a prosperous, sustainable and liveable region for its people. The plan sets out a series of integrated strategic directions and actions that are designed to implement the vision and are proposed to build on the region’s capacities and strengths to the advantage of the region, regional Victoria and the whole state.

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Key drivers of change include: a) Access and proximity to Melbourne b) Transport Upgrades c) Changing composition of the population d) Use of IT and broadband to deliver services e) Changing demands on the natural resource base f) Increasing emphasis on liveability

The plan outlines a number of key strategic directions and actions. These include:

a) The Central Highlands Region Settlement network and hierarchy b) Settlement development and managed land use in the Melbourne and

Ballarat peri urban areas c) Managing land use and regional scale assets, horticulture, securing water

and energy and providing for planned rural living d) Transport infrastructure and services e) Positioning the region’s heritage at the national level f) Expanded and better health services, IT development, Broadband

provision and access and services g) Housing options, Ballarat CBD Revitalisation and education and training

facilities These are regional scale strategic directions and priority actions to best position the Central Highlands region to address identified issues, capitalise on key drivers, confront major challenges, take advantage of comparative advantages and deliver the agreed vision. They have been deliberately chosen and structured for their capacity to integrate together a number of the elements of the vision and to comprehensibly tackle the challenges facing the region. The Council’s involvement in the development in the Central Highlands Regional Strategic Plan is important in the future development and sustainability of the region. Failure of Council to participate in the preparation of the Regional Strategic Planning Initiative places the region at risk of having unworkable sub-regional plans. The RSP provides an opportunity and mechanism for Council to contribute to and influence change in the broader region, ensuring that the priorities and aspirations of the Hepburn Shire communities are recognised, heard and promoted. The key challenge will be in the implementation of the plans following their endorsement.

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Relevant Policies The Council’s involvement in the development of sub-regional plan is part of Council recognition of its regional interdependency and its commitment to working together strategically with local, state and federal governments in regional planning processes as stated in the Council Plan 2009 – 2013. Community Engagement The Mayor and CEO, via the Central Highlands Mayors and CEOs forum have been involved in the development of the Central Highlands plan for the past 18 months. The Central Highlands engagement processes have included a Regional Symposium held on 28 February 2010, a series of stakeholder workshops held in April 2010 and the release of a broad discussion paper. Councillors also attended a briefing and discussion session in May to work through the key strategic directions and challenges facing the region. Feedback and commentary on the plan, including an exercise where the key aspects of Community and Council Plans have been mapped to the strategic directions in the CH RSP, have resulted in a concise, high level strategy for the region. Financial Implications There are no direct financial implications arising from this report. The cost of participating in RSPI activities is covered as part of the RSP program. Funding for the Central Highlands sub-regional plan was provided by Regional Development Victoria to the Pyrenees Shire Council on behalf of the Central Highlands region. Recommendation 9.3.1 That the Council note the report and endorse the Central Highlands Regional

Strategic Plan as representing the aspirations and key strategic directions required for a prosperous, liveable and sustainable region.

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Motion 9.3.1 That the Council note the report and endorse the Central Highlands Regional

Strategic Plan as representing the aspirations and key strategic directions required for a prosperous, liveable and sustainable region.

Moved: Cr Rod May Seconded: Cr Sebastian Klein Carried.

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9.4 TOURISM HEPBURN UPDATE (Action Officer – Chief Executive Officer) Introduction This report serves to provide an update on the activities of Tourism Hepburn Board. Report The role of council over the past five years has been critical in supporting and advocating for the economically significant tourism industry across Hepburn Shire and the wider region of Daylesford and the Macedon Ranges. Through this period, Tourism Victoria has invested heavily to support tourism in the Shire. This has included the Bathhouse redevelopment, the original Daylesford Brand Campaign and the recent Phase 9 of the long running Jigsaw three-year Spa and Wellbeing Campaign, all involving many millions of dollars. To support such levels of investment, Tourism Victoria also initiated and funded a partnership with Council and the local tourism industry, including the Daylesford and Macedon Ranges Campaign Committee, to undertake the development of a Strategic Destination Tourism Plan for the Shire. In August 2008 after some two years work this plan was launched under the banner of Destination Daylesford. The Destination Daylesford planning process was very comprehensive and thorough, the success of which is testament to the strength of the partnership identified earlier, and particularly the contribution made by council. It should be noted and acknowledged that as key Council representative through this process, Cr Bill McClenaghan played an important role through his support and advocacy. In more recent times Cr Jon Barrell has provided similar support in the establishment of Tourism Hepburn which should also be acknowledged. Hepburn Shire Council is currently represented on the Tourism Hepburn Board by the Manager Tourism and Economic Development, John Collins. The Destination Daylesford Strategic Tourism Plan is effectively the charter for the newly formed Tourism Hepburn Board. The Tourism Hepburn Board has now been established and is meeting monthly and rotationally in each of the key Shire centres. The Chair of the Board is Larry Monk from Creswick who brings his significant regional and state tourism background, gained in Queensland and New South Wales, to this role. The Trentham Board Member Rod Hughes, owner and operator of the Cosmopolitan Hotel, Trentham, brings his accounting background to the role of

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Treasurer for the Board. Tania Jacobs from Tourism Victoria and former Marketing & Sales Manager, Hepburn Bathhouse and Spa, one of the skills-based directors, brings her extensive state and regional tourism background to the role of Secretary. The following Directors of the Board have now been appointed as per the recommendations of the Destination Daylesford Strategic Tourism Plan. Chair - Skills Based Director

Larry Monk

Secretary - Skills Based Director

Tania Jacobs

Treasurer – Representative for Trentham

Rod Hughes

Skills Based Director Carol Hulst Hepburn Shire Council John Collins Daylesford Macedon Ranges Campaign Committee (Tourism Victoria)

Graham Middleton

Representative for Creswick Judy Morrison Representative for Daylesford/Hepburn Springs Robyne Head Representative for Clunes Graeme Johnstone Alternate Representative - Clunes

Neil Newitt

Alternate Representative -Trentham

Jean Bergletz

Alternate Representative - Creswick

Sue Vindin

Alternate Representative- Daylesford/Hepburn Springs

TBA

Key developments and activities of the Board are as follows;

1. Rules of Incorporation have now been lodged with Consumer Affairs Victoria.

2. 2010 Tourism Hepburn Awards to be launched at the first industry-wide event by Tourism Hepburn on 1 July at the Daylesford Cidery. This will be an opportunity to provide an update to the local tourism industry on the work and direction of Tourism Hepburn and the establishment of the new Daylesford and Macedon Ranges Tourism Board. It is planned to have Tourism Victoria participate and provide additional information related to their over-arching Regional Tourism Action Plan of which both Tourism Hepburn and the new Regional Tourism Board are key elements.

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3. Tourism Excellence Workshops are to be conducted in July/August 2010 in conjunction with DMR – initially Campaign Committee and then Regional Tourism Board. The workshops will cover the following subjects;

• Customer Service • Pricing and Packaging • Managing your Business • International Marketing – It should be noted that DMR are for the second

year participating in Tourism Australia’s Australian Tourism Exchange. The Australian Tourism Exchange (ATE) is Australia's premier tourism trade event and the largest international travel trade show of its kind in the southern hemisphere. The business-to-business event provides a forum for Australian tourism businesses to showcase their products, meet overseas contacts and negotiate business deals. It also provides the international travel trade the opportunity to experience Australia first hand. Up to 100,000 networking and business appointments are conducted during the event. Identifying ‘international-ready’ businesses across the shire, of which there are some, is an objective of the current Campaign Committee and thus the future Regional Tourism Board.

4. Establishment of a Tourism Hepburn website to be done in close liaison with

Tourism Victoria, the DMR Regional Tourism Board and Hepburn Shire Council with all relevant links in place. Tourism Victoria IT Department will provide support and advice with this work. This website will become a critical element in Tourism Hepburn’s engagement with the tourism industry across the shire.

5. Priorities have been determined by the Tourism Hepburn Board and these will be

implemented in line with the Destination Daylesford Strategic Tourism Plan. Such priorities include the development of a three-year strategic business plan, encouragement of new tourism product, complementing the spa, wellness and mineral water experience and the conducting of a Service Excellence program, referred to earlier.

6. Communication with the tourism industry across the shire will be important and some form of monthly communication as an EDM (Electronic Direct Mail) will be developed for this purpose. This will include relevant material edited from the shire’s weekly Visitor Services communication. Demonstrating the shire participation and partnership with Tourism Hepburn will be an important component of such communication.

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7. Former Destination Daylesford Steering Committee Chair, Campaign Committee member and Regional Tourism Board Implementation Committee member Frank Page has been engaged on a short term consultancy to assist the Board in achieving its goals, especially through this establishment period.

Relevant Policies Council Plan 2009 – 2013 – A more prosperous economy 28. We will support Tourism Victoria and Hepburn (Shire) Regional Tourist Association, and through the implementation of the Destination Daylesford Strategic Tourism Plan, we will assist with the establishment of an adequately resources Tourism Board with strong local representation and a strong local purpose for the whole of Hepburn Shire. Community Engagement The Tourism Hepburn Board comprises community representatives. Financial Implications Nil Recommendation 9.4.1 That Council receive the report titled Tourism Hepburn Update Motion 9.4.1 That Council receive the report titled Tourism Hepburn Update Moved: Cr Jon Barrell Seconded: Cr Sebastian Klein Carried.

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9.5 ANNUAL COMMUNITY SATISFACTION SURVEY 2010 (Responsible Officer: Chief Executive Officer) Introduction This report considers the 2010 published results from the annual Local Government Community Satisfaction Survey (LGCSS). A copy of the report has been forwarded to Councillors under separate cover. Report The State Government, Department for Planning and Community Development (DPCD) commissions an independent market research consultancy, Wallis Consulting Group to undertake the 2010 survey. It is a statewide survey intended to provide individual Local Governments with a realistic measure on how they are perceived by their community. The questionnaire in 2010 used was identical to that of 2009 (and very similar to previous years) to allow for comparisons over time. The survey is considered to be statistically significant comprising a telephone survey of 350 people throughout the Shire. It is the thirteenth year of the survey and the thirteenth year that Hepburn Shire Council has participated. The survey questions refer to the broad areas of governance and service delivery. Governance is covered by overall council performance, advocacy, council contact and community. Service delivery is captured by nine key service areas ranging from town planning and economic development to local laws and waste management. The Community Satisfaction Survey, together with the financial and asset management measures reported in the Local Government in Victoria Report, provide a complete overview of the sector’s performance each year. Results are provided in a variety of formats including relative performance to other Councils, trend data over time and reasons given for ‘needs improvement’. Hepburn Shire Council’s relative performance is shown in comparison to other ‘Small Rural Shires’ including Alpine, Ararat, Benalla, Buloke, Central Goldfields, Gannawarra, Golden Plains, Hindmarsh, Indigo, Loddon, Mansfield, Mount Alexander, Murrindindi, Northern Grampians, Pyrenees, Queenscliffe, Strathbogie, Towong, West Wimmera and Yarriambiack.

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Key Findings All Governance Indicators remain unchanged with the exception of Advocacy which declined. All Specific Performance Areas remain unchanged with the exception of a decline in the community satisfaction rating of Recreation Facilities. Residents' view of Hepburn Shire Council's performance since 2009 resulted in 19% of residents saying it had improved, 61% stayed the same, 13% deteriorated and 7% didn’t know. In allocating resources to improve services, Council needs to consider two factors:

1. The relative importance of each service area to the community, and 2. The current level of performance in service provision.

The improvement window (page 9 of the Survey results) identifies the highest priority for improvement where current performance is low in a service area that the community views as of high importance. Hepburn Shire Council's 3 key areas for improvement are: 1. Local Roads and Footpaths

This has the highest connection to overall performance, yet this has the lowest percentage of "Excellent/ Good/ Adequate" ratings and some 60% seek improvement.

2. Community Engagement

A strong connection to overall performance, but 40% of residents say improvement is needed.

3. Economic Development

A high proportion of residents (41%) believe this relatively important area is in need of improvement.

Town Planning Policy and Approvals and Recreational Facilities While both these areas are of moderate importance to residents, 52% and 40% respectively seek improvement.

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Local Government Indicators

2009 2010 Change in Performance in

Last Year

Comparison to Like Councils

Overall Performance 58 56 Unchanged Lower

Advocacy 61 57 Declined Lower

Community Engagement

54 54 Unchanged Lower

Customer Service 68 68 Unchanged Lower

Specific Performance Areas

Local Roads and Footpaths


Health & Human Services

74 75 Unchanged Similar

Recreational Facilities 60 57 Declined Lower

Appearance of Public Areas


Traffic Management & Parking


Waste Management 64 61 Unchanged Lower

Enforcement of Local Laws


Economic Development


Town Planning Policy & Approvals


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Reasons for ‘Needs improvement’ Of the 350 respondents, a number indicated in their response that an improvement was needed. Some gave reasons for their answer, with the most common answer by percentage shown below. Governance Indicators Overall Performance No. of respondents Reasons for

Improvement %

2009 2010 2009 2010 113 124 32 28 Make decisions despite community consultation/ don't

listen to community 19 20 Favour certain areas in Shire/ local government area

over others 18 20 Local roads and footpaths 26 19 Rates are not giving value for money 19 16 Communicating/leading discussion with community 8 15 Decline in standard of service generally provided by

council 25 15 Council too focused on internal politics/ don't achieve

outcomes 8 13 Recreational facilities 9 12 Town planning policy and approvals 9 6 Waste/spend too much money/poor financial

management/in debt

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Advocacy No. of respondents Reasons for

Improvement %

2009 2010 2009 2010 53 60 42 32 Don't represent the interests of the community 19 27 Council does not make sufficient effort 23 25 Not sure what the council does/ need to promote/

communicate effectively 13 22 Not doing enough/ need to lobby harder on key local

issues 13 15 Council represents some areas/services/interests but

neglect others 6 15 Lobbying skills need improvement/ more professional/

effective lobbying 13 13 Don't consult to gauge community views 19 10 Council more interested in politics/themselves than

community interests 10 Town planning issues/ inappropriate development 7 Need more/improved public transport Community Engagement No. of respondents Reasons for

Improvement %

2009 2010 2009 2010 127 122 50 46 Don't consult sufficiently/effectively/with entire

community 33 33 Need to keep community better

informed/communicate more 43 25 Don't listen/ need to take more notice of

community's wishes 20 24 More community consultation/ use consultants

less/more public meetings 10 Need to consult with all areas in the council/ district 9 8 Only pay lip service to issues/need to follow through 7 Communicate more regularly via newsletter/ local

paper etc 7 6 Need to publicise/promote consultation sessions

and inform us of results 4 6 Takes too long to get things done/ not enough

action 5 Don't take a role in leading discussion/aren't

proactive

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Customer Contract No. of respondents Reasons for

Improvement %

2009 2010 2009 2010 58 52 43 46 Lack of follow up

22 33 Not interested in helping/didn't take an interest/responsibility

34 19 Poor customer service/ need better communication skills/personal service

21 15 Took too long to respond

14 15 Issue not resolved in a satisfactory manner 16 13 Impolite/rude manner/tone

5 8 Passed around departments/not clear who to speak to

3 8 Not knowledgeable

5 6 Did not achieve outcome I wanted 4 Too hard to get through to anyone/kept getting machine

Local Roads and Footpaths Hepburn Shire Council continues to increase its annual allocation to local roads and footpaths, proposing to allocate an additional $346,000 to roads in the 2010/2011 Budget. The total spend on roads in 2010/11 is proposed to be $3,956 million. Community Engagement Council continues to strengthen its community engagement framework. Over the past 24 months extensive community planning has taken place in the following communities:

• Creswick • Jim Crow (Yandoit, Franklinford and Clydesdale) • Clunes • Lyonville • Newlyn/Rocklyn • Trentham • Glenlyon • Muskvale Sailors Falls

A report on community engagement is under preparation for Council’s consideration at its July Ordinary Meeting.

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Economic Development Council has recently appointed SED Consulting Ballarat to undertake the development of an Economic Development Strategy. The development process includes community and business consultation via a business summit and specific sector focus groups. The Economic Development Strategy will provide Council with a better understanding of the opportunities and guide Council’s action in the future of economic development. Council Plan / Legislative Compliance The LGCSS, together with the financial and asset management measures reported in the Local Government in Victoria Report, provide a complete overview of the sector’s performance each year. The LGCSS enables Council to monitor its performance over time and benchmark against ‘like groups’ of councils. Survey results focus attention on areas needing improvement. Council’s Council Plan 2009-2013 identifies effective community engagement as an important contributor to good governance. The Plan includes key objectives around community engagement including the adoption of the International Association of Public Participations Consultation Framework as a guiding process for improved community engagement and the inclusion of community consultation plans. Financial Council contributed $6,540 (including GST) toward the cost of the 2010 Survey. Community Engagement The survey is considered to be statistically significant. It comprises a telephone survey with a minimum of 350 people throughout the Shire. The LGCSS results will be presented at meetings of the Executive Management Team, Extended Leadership Team and general staff. A media release will be issued to communicate results with residents and ratepayers. The LGCSS is a valuable form of consultation and the results provide a tool to inform planning and drive improvements across all areas of Council. Recommendation 9.5 That Council receives the results of the 2010 Local Government Community

Satisfaction Survey.

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Motion 9.5 That Council receives the results of the 2010 Local Government Community

Satisfaction Survey. Moved: Cr Tim Hayes Seconded: Cr Rod May Carried.

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10 CORPORATE SERVICES: 10.1 APPROVAL OF VALUATION 2010 (A/O –Manager Finance) Introduction This report outlines the process for the 2010 revaluation and seeks Council’s approval to adopt the revaluation to be used for the purposes set out in the Valuation Land Act and Local Government Act 1989.

Report Council has previously been given a preliminary briefing relating to the progress and outcomes of the 2010 revaluation. The contracted valuer “Rating Valuation Services” have officially returned the final revaluation data for use in the 2010/11 and 2011/12 rating periods. A report has been sent to the Valuer General for approval. In order for Council to complete the 2010/11 budget process, Council must first adopt the 2010 General Revaluation of all rateable properties within the municipality. Attached (refer Attachment 1) is the report received from the valuer, the valuer being an independent contractor Rating Valuation Services Pty Ltd. This valuer’s report splits the land into four classifications and explains the reasons behind any increases or decreases.

As the rating structure is based on 9 different property types, the information has been split for the table below for your information. Overall, valuations for rateable properties within the Hepburn Shire Council have increased by 6% (2008:14.90%)

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total CIV of group 2010

change in total value

average 2010 CIV

change in average

value

% change

in average

value

general $1,817,369,000 $93,298,000 $272,387 $14,409 6%

commercial $343,316,000 -$7,415,000 $489,054 -$12,707 -3%

farm $585,416,000 $77,607,000 $544,067 $70,806 15%

recreation $5,612,000 $485,000 $431,692 $37,308 9%

industrial $14,774,000 $846,000 $328,311 $38,144 13%

mixed use $55,678,000 $3,357,000 $471,847 $24,659 6%

vacant land other $125,150,000 $13,459,000 $133,422 $13,839 12%

vacant land town $89,674,000 $2,689,000 $121,181 $2,995 3%

trust for nature $6,986,000 $866,000 $436,625 $54,125 14%

total $3,043,975,000

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A summary of all property type valuations per Ward provided by the valuer is as follows:

Ward Name

Sum Of Existing CIV

Sum Of Proposed CIV

% CIV increase / (decrease)

Birch $654,941,000 $703,029,000 7%

Cameron $417,612,000 $ 462,469,000 11%

Coliban $ 642,963,000 $692,325,000 8%

Creswick $402,847,000 $401,534,000 0%

Holcombe $682,086,000 $723,695,000 6%

The largest increases in valuations were in the rural section. While the average increase was 15%, the actual increase will depend on the location within the Shire. A summary of the increase in the rural sector only, per ward as provided by the valuer, is as follows:

Ward Name

Sum Of Existing CIV - rural

Sum Of Proposed CIV - rural

% CIV increase / (decrease)

Birch $96,216,000 $114,162,000 19%

Cameron $155,355,000 $180,040,000 16%

Coliban $104,358,000 $121,736,000 17%

Creswick $15,320,000 $18,182,000 19%

Holcombe $82,681,000 $90,178,000 9%

If any ratepayer feels their property has been incorrectly valued, objections can be lodged in the two months after the issue of the rate notice. Initial objections will be considered by the contract valuer with further avenues of appeal to VCAT if the matter remains unresolved. As Councillors are aware, a general revaluation in itself does not impact in any way on the total amount of rates that will be raised. Instead of affecting the total amount of rates raised, it will impact on the relative amounts that different property owners are likely to pay.

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Council determines the total amount of money that needs to be raised from general rates and then this revenue figure is divided by the total shire valuation. This produces the ‘rate in the $’ that needs to be applied against all valuations to raise that required amount. An increase in one property relative to another will result in the person with the high value property paying a greater amount relative to the person with the lower value property, but it will not lead to any increased income by the Shire. Relevant Policies / Council Plan implications: The revaluation of properties every two years is a legal requirement. The general revaluation of all rateable properties has been completed in accordance with section 13DC(3) of the Valuation of Land Act 1960. Community / Engagement / Communication / Consultation: It is proposed that an article be included in the Council’s information page in The Advocate and on the Council’s web page advising of the revaluation and providing a brief explanation of how the revaluation process works. Further, it is proposed that information on the revaluation be included in the “rates explained” brochure to be sent out with the first rates notice in August 2010. Financial Implications The new capital improved values have been used as the base for rate calculations in the Proposed Budget 2010/11.

Recommendation: That Council: 10.1.1 Adopt the return of the revaluation from Rating Valuation Services

Pty Ltd;

10.1.2 Understand that the Valuations so returned be used for those purposes set out in the Valuation of Land Act 1960 and Local Government Act 1989 subject to any subsequent amendment to the valuation permissible under the said Acts.

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Motion: That Council: 10.1.1 Adopt the return of the revaluation from Rating Valuation Services

Pty Ltd;

10.1.2 Understand that the Valuations so returned be used for those purposes set out in the Valuation of Land Act 1960 and Local Government Act 1989 subject to any subsequent amendment to the valuation permissible under the said Acts.

Moved: Cr Tim Hayes Seconded: Cr Sebastian Klein Carried.

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Attachment 1 Item 10.1

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FORM 2

Regulation 6

REPORT OF GENERAL VALUATION

Valuation summary

Area

Date valuation was returned to rating authority⎯

11/05/2010

Date of previous valuation returned to rating authority⎯

30/06/2008

Name of Rating Authority⎯

Basis of rating⎯

1,470 Sq kms approx

Level of value date⎯

01/01/2010

Level of value date of previous valuation⎯

01/01/2008

SHIRE of HEPBURN

CIV

Residential Commercial Industrial Rural Other

excluding Non Rateable

Total

Number of assessments with buildings

6979 502 75 450 0 8006

Number of assessments without buildings

1888 10 8 401 0 2307

Total Net Annual Value $112,719,050 $13,910,850 $1,497,100 $26,580,000 $0 $154,707,000

Total Site Value $1,163,715,000 $71,892,000 $12,990,000 $444,734,000 $0 $1,693,331,000

Total Capital Improved Value

$2,252,091,000 $237,302,000 $22,982,000 $531,600,000 $0 $3,043,975,000

Summary of previous valuation details as amended to the end of the rating year immediately preceding the current valuation

Residential Commercial Industrial Rural Other

excluding Non Rateable

Total

Number of assessments with buildings

6979 502 75 450 0 8006

Number of assessments without buildings

1888 10 8 401 0 2307

Total Net Annual Value $106,611,250 $14,402,230 $1,398,950 $23,013,550 $0 $145,425,980

Total Site Value $1,075,062,000 $63,318,900 $11,616,000 $374,092,000 $0 $1,524,088,900

Total Capital Improved Value

$2,130,153,000 $247,206,000 $21,153,000 $460,271,000 $0 $2,858,783,000

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General Comments

1. List and comment on the percentage change between this and the previous revaluation for each of the following land classifications— (a) residential

Group NoOfProps ExistingSV ProposedSV SV

Shift% ExistingCIV ProposedCIV CIV

Shift% ExistingNAV ProposedNAV NAV

Shift%

Residential 8867 1,075,062,000 1,163,715,000 108% 2,130,153,000 2,252,091,000 106% 106,611,250 112,719,050 106% Site Value: The abundance of vacant land sites in all townships with the buyers mainly being owner-occupiers from the local market has resulted in controlled growth in comparison to the ‘out of control’ growth experienced in Metropolitan Melbourne. The overall increase of 8% has been uniform in all townships. It is anticipated that that only moderate increases in Site Values will continue. C.I.V.: Increases within the townships have been fairly uniform, with the increase mainly attributable to the increase in the value of the land. The increases in Daylesford township have occurred from September 2009 though overall the increases across Clunes,Creswick,Trentham and Daylesford have been fairly uniform and conservative.

(b) commercial




Shift%

Commercial 512 $63,318,900 $71,892,000 114% $247,206,000 $237,302,000 96% $14,402,230 $13,910,850 97%

Site Value: Value increases have been stronger than increases in the residential sector. The existing commercial improved stock is sufficient for current demand with little redevelopment occurring and hence demand for re development sites is minimal. The increase is much in line with current market forces. N.A.V: Rental values have shown little increase since the 2008 Re Valuation with rates of return being slightly less than in 2008.This is due to sufficient ‘stock’ being available with a resultant flat rental market. Overall the Nav increased 6% but the figures have been skewed by the large decrease in the NAV and CIV for one commercial property. C.I.V. The increase in the CIV overall has been minimal with the larger increases in the stronger retail areas whilst other locations have shown little alteration in value. Excluding one commercial property, the increase has been in the vicinity of 3%.

(c) industrial

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Shift%

Industrial 83 11,616,000 12,990,000 112% 21,153,000 22,982,000 109% 1,398,950 1,497,100 107% This is not a large sector with very little new development. Demand is not great and increases in Site Values reflect the general increase in value of non-residential land. Rents in newer small premises are solid with increases in Capital values a culmination of higher rents and lower rates of return.

(d)rural production.




Shift%

Rural 851 374,092,000 444,734,000 119% 460,271,000 531,600,000 115% 23,013,550 26,580,000 115%

This sector has shown the largest increase in Site Values. Values for the larger holdings have been driven by acquisition by adjoining owners who see once in a generation opportunity to acquire. Also, in the potato regions this is magnified if the prospective purchasers have existing contracts and water supply in place. This has a flow on affect to other categories of property. Smaller holdings have experienced substantial growth due to Hobby Farmers who purchase not for rural production but as a lifestyle choice. Both these body of purchasers have generally pushed values above values that the general farmer feels are unrealistic based on soil productivity and returns. As with other categories the increase in C.I.V. is due to increasing land values with added value of improvements showing little if any increase.

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2. Specify the impact of any amendments to planning schemes, local laws, etc. on the valuation and on the sales of property in years relevant to valuation.

Land zoned Farm Land, which require a Planning Permit, poses valuation problems. In many cases this does not seem a detriment. However many purchasers are not aware of the requirements and it only comes to their attention after purchase. In cases where land is vacant and a planning permit is required, an allowance has been made in the valuation.

3. Comment on development in the area of the rating authority, recent trends, geographical, social and other factors influencing general levels of valuation of properties in the area of the rating authority.

Two major developments, being the Resort at Creswick Golf Club and the new Bath House in Hepburn Springs have been recently completed. It is considered the new Bath House will mainly reinforce values in the Daylesford area whilst the affect on Creswick of the Resort has not culminated in any increases in Creswick above general market levels throughout the Shire. The tourism market between Daylesford and Trentham coupled with the appeal of lifestyle properties will ensure good growth whilst other smaller townships will rely mainly on the local market for growth.

Name and Title: Vincent Bourke Valuer Rating Valuation Services

Date: 11th May 2010

:

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10.2 SALE OF LAND CRESWICK (Action Officer – General Manager Corporate Services) File Ref: 12499R & 12502R Introduction As part of the vacant land holdings review, land at 56 and 58 Melbourne Road, Creswick was identified as surplus to needs and therefore could be sold. This report seeks Council’s approval to advertise its intention to sell the land under S189 and S223 of the Local Government Act 1989.

Report The land which adjoins Northcott Park, Creswick is described as -

• Crown allotments 5 (#56) and 6 (#58) Section 52 Township and Parish of Creswick;

• more particularly described in Certificates of Title Vol 9758 Folio 965 and Vol 10048 Folio 747 respectively; with

• Area 680m2 and 342m2 = 1022m2. See the Map below. Crown allotment 6 has been in Council’s ownership since November 1990, having been compulsorily acquired. The acquisition may have been connected with recovery of outstanding rates and charges. Crown allotment 5 is in the process of being transferred to Council pursuant to S181 of The Local Government Act 1989 (the Act) regarding outstanding rates and charges. All documents are final and the transfer is expected to be complete within 2-3 weeks. This process was permitted by a Magistrates Court Order. If the owner or any person having a provable estate or interest in the land can be located after making reasonable enquiries they will be entitled to the surplus proceeds – i.e. the valuation ($45,000) made for these purposes less all expenses deducted therefrom. Solicitors acting for Council are currently making enquiries. If no person can be located, the surplus may be used for the Council’s general purposes. This matter will not affect the sale being proposed by this Report. Under the Hepburn Shire Council Planning Scheme the land is Residential 1 Zone (R1Z) and is affected by Environmental Significance Overlay Schedule 1 (ESO1). As part of this sale it should be a condition that both allotments are sold together as one parcel. The purchaser must then either consolidate within a given time or as part of a

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development consolidate or subdivide. Any action to this effect would be subject to planning approval. Council might consider subdividing the land into appropriate allotments however the net return would likely be no greater than the suggestion above. Subdivision would take at least 6 or more months. It is also possible that if Council did subdivide, the layout may not suit a purchaser wanting to develop the land and it may need to subdivide again. Being a condition of sale means Council is not responsible for the cost of consolidation or subdivision, although this may affect the end price. For the Council to sell the land, it should pursuant to Section 192 of the Act declare the land as surplus to needs and must as required by S189 of the Act, give 4 weeks public notice of intention to sell the land. In either case any interested person is entitled to make a submission about the proposal. If public notice advertising commences on 23 June 2010, the Council will be able to initially deal with any submissions at its August Briefing meeting and then resolve on the sale or otherwise of the land on 17 August 2010. This may extend by a month if any submitter expresses a desire to put oral submissions before the Council. The Council may determine to sell by private treaty, public auction or as has sometimes been used tender. Preliminary advice from estate agents in Creswick is being sought. A recommendation on the proposed method of sale will be included in the Report to the 17 August 2010 meeting. Relevant Policies Within the 2009 – 2013 Council Plan reference is made to achieving long term financial sustainability by disposing of poorly utilised, inefficient or surplus assets. This land may be considered as poorly utilised and surplus to requirements. Community Engagement Public notice of the Council’s intention to sell land must be published and provide for 4 weeks within which submissions may be received for consideration under S223 of the Act.

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Financial Implications As part of the process and before selling, the Council must obtain within 6 months of a sale a valuation of the land from a registered valuer. If on 17 August 2010 it is resolved to sell the land, the statutory valuation will be sought. As a basic guide to value, the matter was briefly discussed with the Valuer. A valuation range of between $60 – 65,000 was indicated. More details on sale costs (essentially agent’s fees and legal costs) will be available with the 17 August 2010 Report is provided to the Council. A preliminary estimate of costs is between $5-6000. Refer also to the long term financial sustainability principles. In private ownership the property will become rateable and add an amount to general revenue and over time this will increase if the land is developed. Any fire prevention costs previously undertaken will become the responsibility of a private owner.

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Recommendation: That Council: 10.2.1 Is satisfied Crown allotments 5 and 6 Section 52 Township and

Parish of Creswick; more particularly described in Certificates of Title Vol 9758 Folio 965 and Vol 10048 Folio 747 respectively are no longer required, nor is it necessary or desirable to use the land for a municipal purpose, therefore it is surplus to needs and may be sold; and

10.2.2 Proceed to advertise its intention to sell the land and seek public submissions on this proposal in accordance with S189 and S223 of the Local Government Act 1989.

Motion: That Council: 10.2.1 Is satisfied Crown allotments 5 and 6 Section 52 Township and

Parish of Creswick; more particularly described in Certificates of Title Vol 9758 Folio 965 and Vol 10048 Folio 747 respectively are no longer required, nor is it necessary or desirable to use the land for a municipal purpose, therefore it is surplus to needs and may be sold; and

10.2.2 Proceed to advertise its intention to sell the land and seek public submissions on this proposal in accordance with S189 and S223 of the Local Government Act 1989.

Moved: Cr Don Henderson Seconded: Cr Tim Hayes Carried.

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10.3 LOAN TO THE TRENTHAM NEIGHBOURHOOD CENTRE (A/O – Manager Finance)

Introduction This report seeks Council’s approval to make a $55,000 interest free loan to the Trentham Neighbourhood Centre Inc for a 5 month period.

. Report The requested loan is for $55,000 from start of July to end of November 2010 (5 months) and would be repaid from the final grant payments being received between September and December. The grant funds are sourced from the Department of Infrastructure, Transport, Regional Development and Local Government (Federal) and the Department of Planning Community Development (State). Per the submission from the Centre:

The project is to extend and upgrade the current centre, providing universal access to the whole building. For an organisation with an annual turnover of $120,000 and retained earnings at the end of last financial year of $47,000, the renovation is a very large project. The current estimate of final spend is $380,000. There have been 2 major unexpected problems so far during the renovations. Firstly, the rear portion of the existing building was found to have no stumps and had to be demolished and rebuilt. Secondly, an unrecorded mineshaft was found beneath the foundations of the new building.

A cashflow forecast has been received from the Trentham Neighbourhood Centre Inc demonstrating that expenditure will be incurred in July and August 2010 for the project with grants funds to be received between September and December 2010. They have advised Council that they are not in the financial position to cashflow these works from their own working capital.

This loan would be funded from the Council’s accumulated surplus/cash on hand at the start of July 2010. Surplus cash on hand is invested at market interest rates. As the Centre has requested an interest free loan, the cost to the Council would be approximately $1,600 (based on a 6% interest rate) as Council would not have this money for the period of 5 months to invest.

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A condition of the loan is that both parties sign a loan agreement. This document would cover any risks to Council incumbent in this partnership. Relevant Policies / Council Plan implications: This is in accordance with the Council Plan commitment of “assisting our residents improve the health, safety and vibrancy of our communities”. Community / Engagement / Communication / Consultation: Not applicable. Financial Implications Council has this amount in cash on hand. The loan would not impact negatively on the Council’s operations as the loan would be provided and repaid within one financial year and the loss of income has been estimated at $1,600. Recommendation: That Council 10.3.1 Authorise the interest free loan of $55,000 to the Trentham

Neighbourhood Centre Inc. commencing July 2010, to be repaid by 31 December 2010.

10.3.2 Sign and seal the loan documents.

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Motion: That Council 10.3.1 Authorise the interest free loan of $55,000 to the Trentham

Neighbourhood Centre Inc. commencing July 2010, to be repaid by 31 December 2010.

10.3.2 Sign and seal the loan documents. Moved: Cr Sebastian Klein Seconded: Cr Don Henderson Carried.

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10.4 VICTORIAN LOCAL GOVERNMENT WOMEN’S CHARTER (A/O – General Manager Corporate Services on behalf of the Mayor)

Introduction This report seeks Council’s approval to adopt the Victorian Local Government Women’s Charter. Report 2010 has been designated as the Year of Women in Local Government. Within the local government sector in the last five years there has been a lot of activity to promote the participation of women into executive and elected leadership roles. Yet, there still has been little improvement in participation levels. Women still account for less than 30% of councillors, 20% of senior managers and only 5% of CEOs in local government. In order for local government to strengthen policy debate and ensure local decision making is representative of the communities it supports, it needs to ensure that both management and elected representatives reflect the gender balance and diversity found within their communities. Specific objectives have been established for the Year of Women in Local Government 2010 as follows:

• raise awareness of the significant role women play in the effectiveness and long-term health of local government, and the need to increase their participation.

• foster commitment to local government becoming an ‘employer of choice’ through advocating for cultural and attitudinal change to remove barriers to the advancement of women;

• encourage councils, through a range of communication channels, to establish

targets to:

o increase the participation of local government women in decision making roles; and

o increase participation of local government women in management and leadership training and mentoring programs; and

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o establish communication, support and developmental structures that can

be readily maintained and that will be available post 2010 to maintain the momentum of the year.

The Victorian Local Government Women’s Charter was developed in 1996, and aims to support women's political and civic participation. Local governments, in their capacity as the governments closest to communities, are in a unique position to contribute to the global goal of gender equity for women. By adopting the Charter, Hepburn Shire Council will be making a commitment to advancing women’s participation in key decision making forums in the community by supporting the three key principles of the Charter: Gender Equity That women and men have an equal right to be representatives in local governments, committees and decision-making positions Diversity The inclusion of different experiences and perspectives in local governments and community decision-making strengthens local democratic governance and helps build cohesive communities. Councils and communities encourage and welcome participation of all women Active Citizenship Local governments will work with the community to increase the numbers and participation of women in public life, so that decision making more clearly represents and reflects the interest and demographies of communities. Relevant Policies Council plan objective 18. Operating in a way that further encourages a diverse and representative group of candidates to contest the 2012 Council elections and promoting the importance of civic leadership through sponsoring community involvement in leadership and development programs.

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Community Engagement By adopting the Charter, Hepburn Shire Council will be making a commitment to advancing women’s participation in key decision making forums in the community. Financial Implications Nil. Recommendation 10.4.1 That Council adopt the Victorian Local Government Women’s Charter. Motion That Council 10.4.1 adopt the Victorian Local Government Women’s Charter; 10.4.2 communicate this decision to the public. Moved: Cr Sebastian Klein Seconded: Cr Bill McClenaghan Carried.

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SupportingWomen’sParticipation inVictorian LocalGovernments

Local governments,in their capacity as thegovernments closestto communities, are ina unique position tocontribute to the globalgoal of gender equityfor women.

This Charter is consistentwith state, national andinternational protocolswhich highlight equal rightsand opportunities as centralto good local governanceincluding: the Declarationon the Role of AustralianLocal Government (1997),the Worldwide Declarationon Women in LocalGovernment (1998),the Victorian Code of GoodGovernance (2000) andthe National Frameworkfor Women in LocalGovernment 2007, VictorianHuman Rights andResponsibilities Charter2006.

RECOGNISING the need for increased women’s participation in the key decision making forums in the community and in

democratic governance, we, the local governments of Victoria, on behalf of our communities support the following principles:

GENDER EQUITY

That women and men have an equal right to be representatives in local governments, committees and decision-making positions.

DIVERSITY

The inclusion of different experiences and perspectives in local governments and community decision-making strengthens

local democratic governance and helps build cohesive communities. Councils and communities encourage and welcome

the participation of all women.

ACTIVE CITIZENSHIP

Local governments will work with the community to increase the numbers and participation of women in public life,

so that decision-making more clearly represents and reflects the interests and demographies of communities.

Councillor Dick GrossPresident, MAV

Councillor Lyn GunterChair, WPILGC

Victorian Local Government

Women’s Charter

Councillor Beth Davidson President, Victorian Local Governance Association

Victorian Local Governance Association

3101 Charter_01 22/8/07 5:20 PM Page 1

Councillor Dick Gross Councillor Lyn Gunter Councillor Beth DavidsonPresident MAV Chair WPILGC President VLGA

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10.5 CLUNES COMMUNITY HOUSING - INTERNAL LOAN (A/O – Manager Finance)

Introduction This report is to update Council on the Clunes Community Housing internal loan that was approved by Council at its Ordinary Meeting on 17 April 2007.

Report The Clunes Community Housing Committee is a Section 86 Committee of Council and currently manages units for people with low-income housing. At Council meeting on 17 April 2007 council resolved to loan the committee $150,000 to build 2 units at Cameron Court Clunes at a total cost of $250,000. The resolution was as follows:

• Provide an internal loan to a maximum of $150,000 to assist in the construction of 2 additional units;

• The interest rate applicable to the loan was to be equal to the opportunity cost tot eh Council providing the funds, and;

• The loan was to be repaid over a maximum period of 15 years. This year, the proposal has been further developed and 3 units are now proposed at a total cost of $600,000. The Committee has advised that there is $320,000 in accumulated funds from rentals that can be allocated to the project. In the Budget 2010-11 Council has proposed to borrow the remaining $280,000. These borrowings will be repaid from rentals over a 10 year period. Therefore it should be noted that the previous decision of Council to approve a loan of $150,000 has been superseded by the financial arrangement as proposed above and included in the 2010-11 budget. Relevant Policies / Council Plan implications: This is in accordance with the Council Plan commitment of “assisting our residents improve the health, safety and vibrancy of our communities”. Community / Engagement / Communication / Consultation: The Clunes Community Housing Committee is a Section 86 Committee of Council and currently manages units for people with low-income housing.

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Financial Implications The buildings of these units, together with the external borrowings have been included in the proposed 2010-11 budget. Recommendation: 10.5.1 That Council note the change in circumstances and that in

accordance with the proposed 2010-11 budget, that the units will be funded by cash on hand and external borrowings.

Motion: That Council 10.5.1 note the change in circumstances and that in accordance with the

proposed 2010-11 budget, that the units will be funded by cash on hand ($320,000) and external borrowings ($280,000) and that the repayment of the loan including interest will be made from rental income on the units.

Moved: Cr Tim Hayes Seconded: Cr Jon Barrell Carried. Cr Hayes left the Meeting at 9.35pm and returned at 9.38pm.

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10.6 MONTHLY FINANCE REPORT (Action Officer –Manager Finance) File Ref: 30/08/17 Introduction A summary report on the Council’s financial performance for the financial year to the 31 May 2010 is provided for information. Report This report provides information on Council’s operating performance for the 11 months to 31 May 2010 against the revised budget adopted by Council on 15 December 2009. The report considers year to date revised budgets against year to date actuals for each operating program, including projects and for all capital works. Statutory Requirements Under Section 138 of The Local Government Act 1989, at least quarterly a report comparing expenses and revenue to budget must be presented to the Council in a meeting which is open to the public. Operating Summary: The year to date operating result is $7.1M. The forecasted surplus for the year is $6.8M (before depreciation) which is $1.016M ahead of budget. The higher forecast comprises both greater revenue and greater overall expense than budgeted and is a result of three major factors:

• Non budgeted grant money has been received, and while some offsetting expenditure has been spent resulting in a greater forecast than budgeted, in most cases the expenditure will not be incurred until next financial year.

• For varying reasons, a number of projects that were included in the budget will not be completed until next financial year.

• Prepaid grant of $932,000 from Grants Commission allocation 2010-2011 will be received in June 2010.

Additional income received beyond budget will be used to offset increased expenditure in other departments, including waste management and organisational development. Capital Works and Major Projects: Expenditure on the capital works program has totaled $5.5M to date out of the revised annual budget of $9.6M; net expenditure year to date is $4.3M. $2.5M in expenditure is

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anticipated to be carried forward until the next financial year, the majority being in relation to the completion of the Doug Lindsay Recreation Reserve. Major infrastructure expenditure has occurred and will continue until the end of June, with $1.9M in total capital works forecasted to be completed in the next month. Expenditure on projects has totaled $723,000 to date out of a revised net annual budget of $1.2M. The majority of budgeted grant funds for the year have been received, this together with the additional grant money received as noted above, results in net expenditure to date of ($146,000). $388,000 of expenditure is forecast for June to complete the majority of projects, however, $423,000 in expenditure is anticipated to be carried forward to next year to complete the remaining projects. Capital works to the value of $2.5M are to be carried forward including major works of:

• Doug Lindsay Project $1.4M • Victoria Park Daylesford $166,000 • Cameron Court Units $250,000 • Calembeen Lake Dive Tower $123,000 • Road & Bridge Construction $108,000 • Corporate Finance System $79,000 • Glenlyon Hall Restoration $91,000

Major Projects to the value of $423,000 are to be carried forward to 2010-2011 include:

• Trentham Recreation Reserve Works $160,000 • Recovery Management $172,000 • Pre-School Project $17,000 • Trentham Mechanics Verandah Works $10,000 • Glenlyon Main Street Tree Works $14,000

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Balance Sheet Current Assets: Cash and investments at 31 May 2010 total $5.6M; this is higher than May 2009 because of additional grant funds received and works carried forward to 2010/2010. Refer to the investment table below for details on current amount invested:

Investments Schedule As at 31 May 2010

Maturing Rate Balance CBA Investment Account Variable $413,105.95 FIIG Securities 29/08/2014 Variable $250,000.00 Police Nurses Credit Union 18/06/2010 5.94% $1,000,000.00 Savings & Loans Credit Union 20/07/2010 5.95% $1,000,000.00 Big Sky Credit Union 25/08/2010 6.19% $500,000.00 Bankwest 30/06/2010 5.35% $300,000.00

$3,463,105.95 LSL Reserve Funds Bendigo Bank Floating Rate 12/12/2011 Floating $484,850.00 CBA Investec 27/02/2014 Floating $489,300.00

$974,150.00 Total Investments $ 4,437,255.95

$974k has been invested for long service leave; however the provision is only $899,000. The investment balance will be adjusted on 12/12/2011 when it matures. Net current receivables are $2.97M including $2.09M in rates. Trade debtors at 31 May 2010 are $733,000. Debtors include Department of Planning ($38,000), Department of Health ($225,000), Department of Human Service ($74,000), Bathhouse Lease ($124,000) and various other minor government grants. Council is generally owed money for the GST input tax credit and BAS’s are lodged monthly. All legislative requirements are being met. Other assets comprising land held for resale shown in the balance sheet in May 2009 has now been sold. Rate Debtors: Rate arrears at the end of May are $2.09M, over $400,000 has been received in the first week of June to reduce the balance outstanding to $1.69M. Reminder notices will be

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sent out at the end of the second week of June, which usually prompts an additional payment response. It is anticipated that outstanding rates of approximately $1.19M will be sent to Councils Collection Agency for collective action by the end of June. Current Liabilities: The major items are the creditors’ control which includes accrued contractors payments, current loan liability, provision for landfill rehabilitation and employee provisions. Deposits and Securities are reviewed quarterly and refunds or transfers made where applicable. Trust funds have increased from May 2009 to include monies held by Council for Section 181 property sales. $111,000 due to be repaid in principal and interest on borrowings in June. Refer to the cash flow statement. Non-Current Assets: These include all infrastructure assets and for the purpose of this report the cost of current capital and major works has been treated as works in progress and included in this figure in the balance sheet. It should be noted depreciation is not taken into account until year end. Financial Assets of $0.9M are held for the Long Service Leave Provision. Non-Current Liabilities: Major items include loan liability, provision for landfill rehabilitation and provision for long service leave. Councils annual leave and long service leave provisions have been updated for current and non-current liabilities. Level of Council Debtors Attached for Councilors’ information are two graphs which show the level of Rate Debtors for 2009/10 in comparison to the previous year and the level of Sundry Debtors to the average level of sundry debtors for the previous year.

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Cash Flow Variances to budgeted cash flow include:-

• Prepaid 2010-2011 Grant Commission payment $932,000 to be received in June 2010

• Recovery Grants $200,000 • Trentham Rec Reserve Grant $165,000 • Outstanding rates will mostly be collected July-August via Councils collection

agency resulting in lower rate debtors expected at post year end. • Doug Lindsay project delayed, therefore capital grant income below budget

$770,000 and matching expenditure not incurred. • Interest received on investments and rates greater than anticipated, see coments

on department tables. Conclusion: The reviewed budget should now be closely monitored by all managers to ensure that it comes in as adopted. Relevant Policies Council Plan – Good Governance Community Engagement Not Applicable Financial Implications The reports attached provide the opportunity for constant review of Council’s financial position to ensure compliance with budgets. The reports presented show the revised annual budget, revised year to date budget, year to date actual and year to date variance. The reports note any variances against the year to date actual amount and as required, provide explanations for the variance. Recommendation 10.6.1 That Council receives the Monthly Financial Report for the eleven months

from 1 July 2009 to 31 May 2010

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Motion 10.6.1 That Council receives the Monthly Financial Report for the eleven months

from 1 July 2009 to 31 May 2010 Moved: Cr Jon Barrell Seconded: Cr Rod May Carried.

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Budget Actual Forecast Budget to

30-Jun-10 31-May-10 30-Jun-10 Variance

$’000 000’s $’000 $’000 $’000

Revenues from ordinary activities

Rates and charges 12,350 12,342 (1) 12,342 (8) Statutory fees and fines 352 366 7 372 20 User fees 855 797 59 855 - Grants - recurrent 3,486 3,933 1,026 4,959 1,473 Grants - capital 2,912 1,161 906 2,066 (846) Grants - special projects 548 757 166 923 375 Other revenue 1,194 1,186 101 1,287 93 Total revenues 21,698 20,542 2,263 22,805 1,107

Expenses from ordinary activities

Budgeted Standard Income Statement

June 1 month

Expenses from ordinary activities

Employee benefits 8,146 6,975 1,035 8,010 (136) Materials and services 5,315 4,691 950 5,641 326 Special projects 1,210 723 389 1,112 (98) Bad and doubtful debts 4 - 4 4 - Finance costs 223 198 25 223 - Other expenses 1,006 805 200 1,006 - Total expenses 15,903 13,392 2,603 15,996 92 Surplus (deficit) for the year before depreciation 5,794 7,149 (341) 6,810 1,016

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$136

000’s 000’s 000's 000's % 000's 000'sCORPORATE SERVICES

INCOME

Revenue Services (Rates & M/C) 10,796 10,790 10,808 17 0% 10,816 20 1

Grants Commission 1,752 1,752 1,752 0 0% 2,384 632 2

Other Income 370 282 335 52 19% 437 67 3

Total Income 12,919 12,825 12,895 70 1% 13,638 719

EXPENDITURECouncil & Executive Services 750 612 617 -5 -1% 726 24 4

Financial Services 906 853 802 51 6% 906 0Technical Services 874 787 739 47 6% 874 0Governance & IT 1,100 915 885 30 3% 1,100 0Organisational Development 377 323 358 -35 -11% 392 -15 4

Other Administration 779 662 685 -23 -3% 779 0Total Expenditure 4,785 4,152 4,085 66 2% 4,776 9

NET 8,134 8,673 8,809 136 2% 8,862 728

YTD Variance

Forecast 30-Jun-10

Budget to

Forecast Variance

1. Interest on rates is $23k ahead of what was anticipated for the year and $29k ahead of YTD budget. These rates are currently with the debt collection agency.2. Prepaid 2010-2011 Grants Commission payment. 3. $49k in additional interest has been earnt on our cash investments, and the council has received $21k in insurance re-coups which were not anticipated at the time of setting the budget.4. Increase in recruitment due to staff vacancies offset against Council & Executive Services (CEO unit).

DEPARTMENTAL REPORT FOR THE PERIOD ENDING 31 MAY 20 10

Note

Variance - Surplus/(Deficit) 000’s

NOTES

Revised Annual Budget

Revised YTD Budget

YTD Actual

YTD Variance

Page 65

$453

000’s 000’s 000's 000's % 000's 000'sCOMMUNITY SERVICES

INCOMECommunity Development 582 542 764 222 41% 796 214 4

Family & Children's Services 153 145 149 4 3% 203 50 6

Aged & Disability Services 1,156 1,062 1,085 23 2% 1,142 -14 7

Housing 87 48 51 3 7% 87 0Contract Services 400 334 393 60 18% 400 0 5

Total Income 2,379 2,130 2,442 312 15% 2,629 250EXPENDITURECommunity Development 1,391 1,061 1,053 7 1% 1,314 77Family & Childrens Services 365 322 276 46 14% 398 -33 6

Aged & Disability Services 1,389 1,241 1,129 112 9% 1,369 20 7

Housing 44 42 38 4 10% 44 0Contract Services 360 320 348 -29 -9% 360 0 5

Total Expenditure 3,549 2,985 2,844 141 5% 3,485 64

NET -1,170 -855 -402 453 -53% -856 314

YTD Variance

Forecast 30-Jun-10

Budget to

Forecast Variance

4. Higher income is mainly due to unbudgeted funding received for Bush Fire recovery of $200k. Refer to table on project expenditure forfurther details.5. Additional contract services requested are offset by additional expenditure, a small gross margin is being made.6. $50k government grant has been received, however only $13k has been spent YTD. Will all be spent at year end.7. Personal Care and Housekeeping demand is less than budget YTD, resulting in decreased wages costs in these areas and decreasedfees.


Note


NOTES


Revised YTD Budget

YTD Actual

YTD Variance

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$216

000’s 000’s 000's 000's % 000's 000'sREGIONAL DEVELOPMENT

INCOMEPlanning & Heritage Services 170 157 184 27 17% 180 10 8

Building Services 125 115 136 20 18% 135 10 8

Tourism & Economic Development 257 237 210 -27 -11% 257 0 9

Other Cultural Activities 39 2 75 72 3157% 39 0Public Halls 6 6 3 -3 -47% 6 0

Total Income 596 517 606 89 17% 616 20EXPENDITUREPlanning & Heritage Services 845 669 619 50 8% 789 56 10

Building Services 164 145 135 10 7% 164 0Tourism & Economic Development 488 441 385 56 13% 484 4 11

Community Amenities 165 141 147 -6 -4% 165 0Library Services 405 403 399 4 1% 405 0Other Cultural Activities 194 144 150 -6 -4% 194 0Public Halls 77 70 51 19 27% 77 0 12

Total Income 2,337 2,014 1,887 127 6% 2,277 60

NET -1,741 -1,497 -1,280 216 -14% -1,661 80

Note


NOTES

8. Additional planning & building fees received above budget.9. VIC membership fees are to be invoiced in June.10. Planning scheme & MSS 70% to be carried forward to 2010/2011.11. Economic Development projects, including $16K works on website, $12K of which will be spent by June. $4K to be carried over. 12. Public Halls maintenance to be spent by June.


Forecast 30-Jun-10

Budget to

Forecast Variance


Revised YTD Budget

YTD Actual

YTD Variance

YTD Variance

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$30

000’s 000’s 000's 000's % 000's 000'sPUBLIC SAFETY

INCOMEFire Prevention 41 41 31 -9 -23% 31 -10 13Animal Control 91 85 90 5 6% 91 0Compliance 30 28 28 0 1% 30 0Health 162 158 159 1 1% 162 0School Crossings 8 4 8 4 100% 8 0Emergency Management 12 12 12 0 0% 12 0

Total Income 343 327 328 1 0% 343 0

EXPENDITURE

Fire Prevention 60 57 69 -11 -19% 69 -9 13Animal Control 33 31 25 7 21% 33 0Compliance 243 215 194 21 10% 243 0Health 282 244 233 11 4% 282 0Environmental Initiatives 111 100 102 -3 -3% 111 0School Crossings 26 22 28 -6 -25% 26 0Emergency Management 57 56 46 10 18% 57 0

Total Expenditure 812 726 697 29 4% 812 0

NET -469 -399 -370 30 -7% -469 0

YTD Actual

YTD Variance

Note


NOTES

YTD Variance

Forecast 30-Jun-10

Budget to

Forecast Variance

13. $8k additional has been spent on road side slashing in the fire prevention area due to additional grant received. $10k is remaining to be spent inrelation to bushfire disaster management. $10 in fines, costs, fees & reinbursements anticipated will not be received due to a more compliant summer.



Revised YTD Budget

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-$23

000’s 000’s 000's 000's % 000's 000'sRECREATION

INCOMEParks & Gardens 1 1 0 -1 -58% 1 0Reserves 9 8 6 -1 -18% 9 0Mineral Springs Reserves 480 480 489 9 2% 489 9Indoor Recreation 15 0 0 0 15 0

Total Income 505 489 496 6 1% 514 9

EXPENDITUREParks & Gardens 176 160 151 9 6% 176 0Reserves 728 668 708 -40 -6% 728 0 14Mineral Springs Reserves 248 218 192 26 12% 248 0Swimming Areas 240 212 218 -5 -2% 240 0Cemeteries 1 1 0 1 98% 1 0Indoor Recreation 145 78 98 -19 -25% 145 0 15

Total Expenditure 1,537 1,338 1,367 -29 -2% 1,537 0

NET -1,033 -849 -872 -23 3% -1,024 9

YTD Actual

YTD Variance

Note


NOTES

YTD Variance

Forecast 30-Jun-10

Budget to

Forecast Variance

14 Higher expenditure due to storm damage, $20k remains to be spent for the year for reserves.15. Refer to table on project expenditure for further details.



Revised YTD

Budget

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$70

000’s 000’s 000's 000's % 000's 000'sINFRASTRUCTURE

INCOMERoad Maintenance 889 889 889 0 0% 1,189 300 16Other Transport 992 909 889 -20 -2% 992 0

Total Income 1,882 1,799 1,778 -20 -1% 1,882 0

EXPENDITURE

Road Maintenance 1,912 1,717 1,636 81 5% 1,912 0Depots 51 46 47 -1 -1% 51 0Other Transport 405 371 362 9 3% 405 0

Total Expenditure 2,368 2,135 2,044 90 4% 2,368 0

NET -487 -336 -266 70 -21% -487 0

16. Pre-paid Local Road funding from 2010-2011 Grants Commission allocation.

Revised YTD

Budget

YTD Actual

YTD Variance

YTD Variance


NOTES


NoteForecast 30-Jun-10

Budget to

Forecast Variance


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-$48

000’s 000’s 000's 000's % 000's 000'sWASTE MANAGEMENT

INCOMEWaste Revenue 1,685 1,671 1,693 22 1% 1,705 20 17Land Management 10 10 10 0 0% 10 0

Total Income 1,695 1,681 1,703 22 1% 1,715 20

EXPENDITURE

Street Cleaning 127 118 91 27 23% 127 0 18Waste Management 1,437 1,197 1,296 -99 -8% 1,567 -130 19Land Management 18 18 16 2 10% 18 0

Total Expenditure 1,582 1,333 1,403 -70 -5% 1,712 -130

NET 114 347 299 -48 -14% 4 -110

YTD Actual

YTD Variance

Note


NOTES

YTD Variance

Forecast 30-Jun-10

Budget to

Forecast Variance

17. Income ahead of budget due to higher number of properties than estimated in supplementary valuations.18. Savings from litter trap cleaning.19. Transfer stations/Recycling departments have incurred higher than budgeted contractor costs. Green waste expenditure higher due to free fire reduction wasteand grinding costs. Part of this increase has been offset by the addition waste management charge and garbage charge revenue, however this area will exceedbudget for the 2009/10 year.



Revised YTD Budget

Page 71

CAPITAL WORKS

$ $ $ $TOTAL LAND & BUILDINGS 2,817,897 2,526,000 1,124,953 1,760,299 1,057,598 1TOTAL ENVIRONMENTAL INITIATIVES 120,000 40,000 (40,429) 21,796 98,204 2TOTAL INFRASTRUCTURE 2,334,442 2,333,942 2,521,662 2,226,230 108,212 3TOTAL OFFICE EQUIPMENT 323,282 140,282 200,731 260,282 63,000 TOTAL PLANT & MACHINERY 710,500 96,000 326,935 710,500 - TOTAL WASTE MANAGEMENT 155,000 155,000 65,472 100,000 55,000 4TOTAL OTHER STRUCTURES 271,733 168,900 128,017 198,284 73,449 5

GRAND TOTAL - CAPITAL WORKS 6,732,854 5,460,124 4,327,341 5,277,391 1,455,463

NotesASSET DESCRIPTIONNet Revised

BudgetYTD

Budget

Net Expenditure as at 31 May

2010

Reforecast Net

Expenditure 30 June 2010

Budget Variance

NOTES

1. $349k from an estimated $1.8m will be spent on the Doug Lindsay Recreation Reserve Project ($144k spent as at end of May). Therefore the majority of the budgeted works will be completed in 2010/11 and together with the year 2 costs, will be treated as a carry forward. Further, the $250k anticipated to be spent on the Cameron Court Units will not be completed until next financial year. $58.5k to be spent on the CDDA Magic Pudding Playground will also be carried forward. Only minor spend has occurred on the Calembeen Park Dive Tower, therefore $123k will be carried forward until 2010/11. 2. 50% of the $125k Newlyn & Clunes Reserves Water Tank Projects is anticipated to be spent this financial year as additional quotes to align with changed internal processes are currently being sought. DSE has advised that funding for the Calembeen Park Caravan Park direct Sullage to Sewer System will not be received therefore as this project was depending on this grant, it has not gone ahead. 3. $108K carried forward relates to $78k Gooches Bridge. $6k Trentham Footpath. $4k Zig Zag Rd re-establishment. $20k Mossops Rd re-establishment.4. $50k to be carried forward to complete the Access Way at MRF. 5. $166k carried forward for Vic Park Daylesford Project.

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PROJECT EXPENDITURE

$ $ $ $TOTAL LAND & BUILDINGS 201,354 (2,696) (120,737) 14,944 186,410 1TOTAL ENVIRONMENTAL INITIATIVES 101,260 56,260 35,389 88,650 12,610 TOTAL COMMUNITY DEVELOPMENT PROJECTS - (73,805) (285,094) (249,637) 249,637 2TOTAL OTHER STRUCTURES/PROJECTS 124,250 92,340 75,130 124,250 - TOTAL COUNCIL PLAN PROJECTS 234,885 223,232 149,004 210,526 24,359 3

GRAND TOTAL - PROJECTS 661,749 295,331 (146,307) 188,733 473,016

YTD Budget

NOTES

1. Interpretive Centre - Walking Track Project anticipated expense of $14k will be carried forward to next financial year. $18k anticipated to be spent on "Celebrating 150 Years Of Local Government" will be spent in the next financial year due to other commitments.2. The Glenlyon Barkly St Tree Works ($18k) are unlikely to be completed this financial year. $14k to be carried over. 3. Special projects include Recovery Management, Transport Connections and Hepburn L2p Program where additional funding above the forecast budget has been received during the year, total grants year to date total $453k of which forecast expenditure is $215k. $238k in Recovery Management grants will not be spent until 2010/11.

ASSET DESCRIPTIONNet Revised

Budget

Net Expenditure as at 31 May

2010

Reforecast Net

Expenditure 30 June 2010

Budget Variance

Notes

Page 73

Forecast31-May-09 31-May-10 30-Jun-10

$000’s $000’s $000’sAssetsCurrent assetsCash and cash equivalents 2,258 5,584 4,275Trade and other receivables 1,331 2,977 2,565Other assets 210 62 119

Total current assets 3,799 8,623 6,959Non-current assetsTrade and other receivables 2 0 2Financial assets 948 899 899Investments in associates accounted for using the equity method 375 447 447Property, plant and equipment, infrastructure 152,739 166,081 167,469

Total non-current assets 154,064 167,427 168,817Total assets 157,863 176,050 175,776

LiabilitiesCurrent liabilitiesTrade and other payables 94 286 1,308Trust funds and deposits 835 1,021 418Provisions 1,401 1,450 1,660Interest-bearing loans and borrowings 373 86 0

Total current liabilities 2,703 2,843 3,386Non-current liabilitiesProvisions 716 794 736Interest-bearing loans and borrowings 2,162 3,493 3,075

Total non-current liabilities 2,878 4,288 3,811Total liabilities 5,581 7,131 7,197

Net Assets 152,282 168,919 168,579

EquityAccumulated surplus 89,895 103,460 103,121Asset revalauation reserve 64603 64,603 64,603Reserves 926 856 856

Total Equity 155,424 168,919 168,579

Balance SheetAs at 31 May 2010

Page 74

Actual Budget June Forecast Variance

31-May-10 30-Jun-10 1 month 30-Jun-10 $’000 $’000 $’000 $’000 $’000

Cash flows from operating activitiesReceipts General rates 10,248 12,350 900 11,148 (1,202)Grants - recurrent 3,933 3,486 1,026 4,959 1,473 Grants - capital 1,161 2,912 906 2,066 (846)Grants - special projects 757 548 166 923 375 Interest 263 200 38 301 101 User charges 797 855.42 40 837 (19)Statutory fees 366 352.483 7 372 20 Other revenue 924 993.925 47 986 (8)

Budgeted Standard Cash Flow StatementAs at 31 May 2010

Other revenue 924 993.925 47 986 (8)Total Receipts 18,448 21,698 3,129 21,592 (106)

Payments Employee costs (6,975) (8,146) (1,035) (8,010) 136 Materials & consumables (4,565) (5,235) (950) (5,641) (406)Special projects (723) (1,210) (389) (1,112) 98

Interest (198) (223) (25) (223) 0 Other expenses (805) (1,010) (204) (1,010) 0

Total Payments (13,267) (15,823) (2,603) (15,995) (171)

Net cash provided by operating activities 5,180 5,874 526 5,597 (278)

Cash flows from investing activitiesProceeds from property, plant and equipment 268 466 198 481 15 Payments for property, plant and equipment (2,388) (6,015) (1,454) (3,842) 2,173 Payments for roads and bridges (3,106) (3,610) (396) (3,502) 108

Net cash used in investing activities (5,226) (9,159) (1,652) (6,863) 2,296

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Actual Budget June Forecast Variance

31-May-10 30-Jun-10 1 month 30-Jun-10 $’000 $’000 $’000 $’000 $’000

Budgeted Standard Cash Flow StatementAs at 31 May 2010

Cash flows from financing activities Proceeds from borrowings 300 300 0 300 0

Repayment of borrowings (332) (418) (86) (419) (1)

Net cash provided by (used in) financing activities (32) (118) (86) (119) (1)

Net decrease in cash & cash equivalents (77) (3,403) (1,212) (1,386) 2,017 Cash & cash equivalents at beginning of year 5,661 5,661 5,584 5,661 0

Cash & cash equivalents at end of period 5,584 2,258 4,371 4,275 2,017

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Chart Number 1.1

8,000

10,000

12,000

14,000

Rate DebtorsActual 2008/09 Vs 2009/10

2009/10

2008/09

$995

0

2,000

4,000

6,000

B/Fwd July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

$000

's

Months

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Chart Number 1.1

8,000

10,000

12,000

14,000

Rate DebtorsActual 2008/09 Vs 2009/10

2009/10

2008/09

$995

0

2,000

4,000

6,000

B/Fwd July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

$000

's

Months

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11 COMMUNITY DEVELOPMENT: 11.1 SWISS ITALIAN FESTA MEMORANDUM OF UNDERSTANDING (A/O – A/General Manager Community Development) File Ref:

Introduction The purpose of this report is for Council to consider entering in to a Memorandum of Understanding (MOU) with Swiss Italian Festa Committee. Report Swiss Italian Festa (SIF) is an annual festival in Hepburn Springs which has been held every year since 1992 as a celebration of heritage, lifestyle and culture. Council currently provides the SIF with a range of in-kind support which includes road closures, waste management, event management support and event equipment hire. This support totals $3,000. SIF is seeking an annual grant from Hepburn Shire Council of $10,000 for 3 years to help support their event. Council currently has an MOU with ChillOut and Booktown Organising Committees relating to support for these events. The Draft SIF MOU is based on previous MOUs with the following changes proposed:

• MOU over 3 years. Current event MOUs are over 2 years. • Strategic management meetings with senior representatives from Council • More basic reporting format for their post event review. • Assistance with grant funding opportunities.

It is considered that meeting with Senior Council representatives does not need to be included within the MOU, as meetings will occur as required. Within current resources, it is not possible to guarantee assistance with grant funding opportunities, although grant information will continue to be provided. The attached draft MOU reflects these changes. Relevant Policies / Council Plan implications: Council Plan No. 31 – Supporting various draw card events like Chillout and Booktown which draw large numbers of visitors to Hepburn Shire.

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Community / Engagement / Communication / Consultation: SIF is a well supported community event. SIF representatives have worked with Council to develop the MOU document. Financial & Resource Implications Initial & Ongoing No funding has currently been allocated in the draft 2010-2011 budget for the Swiss Italian Festa event. Council’s In-Kind contribution will remain at $3,000 with the approval of this MOU. Approval of the MOU will commit Council to an annual budget allocation to be determined by Council. If the current draft MOU is approved this will be for the 2010, 2011 and 2012 events. Recommendation: That Council: 11.1.1 Consider an annual allocation to be included in the Memorandum of

Understanding; 11.1.2 Approve the signing of the Memorandum of Understanding between Hepburn

Shire Council and Swiss Italian Festa Committee for the Swiss Italian Festa event.

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Motion: That Council: 11.1.1 Approve an annual allocation to be included in the Memorandum of

Understanding; being an annual sponsorship sum of $10,000 and up to $3,000 in-kind contribution.

11.1.2 Approve the signing of the Memorandum of Understanding between Hepburn

Shire Council and Swiss Italian Festa Committee for the Swiss Italian Festa event.

Moved: Cr Jon Barrell Seconded: Cr Rod May Carried. Amend 11.1.1 to add the words “duration of MOU be 2 (two) years.” Moved: Cr Don Henderson There being no seconder, the Motion lapsed.

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Draft Memorandum of Understanding Between

Hepburn Shire Council and Swiss Italian Festa Committee

Purpose: The Memorandum of Understanding is intended to clarify the roles and responsibilities and to create a working relationship between the Hepburn Shire Council (Council) and Swiss Italian Festa Committee (SIF), to ensure the future sustainability and growth of the Swiss Italian Festa in the Hepburn Shire.

It seeks to ensure that a transparent and accountable agreement is in place between the Hepburn Shire and SIFC.

Term: This MOU is for a 3 year period (2010, 2011 and 2012 Events) to be reviewed on an annual basis.

Parties: Hepburn Shire Council (ABN 76 845 763 535) of 76 Vincent Street,

Daylesford, Victoria 3460. (“HSC”) and Hepburn Springs Swiss & Italian Festa Inc. (ABN 33 515 457 605) of PO

Box 58, Hepburn Springs, Victoria 3461. (“SIF”)

Hepburn Shire Sponsorship Support

The Council will provide an annual sponsorship sum of $ ???? (funding) and up to $3,000 of in-kind contribution towards the 2010, 2011 and 2012 Swiss Italian Festa event, subject to the requirements and provisions of this Memorandum of Understanding (MOU). Swiss Italian Festa is an annual festival in Daylesford and Hepburn and is attended by thousands annually. SIF has delivered the Festa every year since 1992 as a celebration of heritage, lifestyle and culture. The funding will be provided by HSC for SIF to assist with conducting a safe, accessible and professional event. Subject to the receipt of a tax invoice from Swiss Italian Festa at least 14 days prior to the due date, Council will make the sponsorship payments for the 2010 event as follows: Payment – of $ ??? (100%) (Plus GST) to be paid within 2 weeks of the signing of this MOU (for 2010 event), and not before 28th July 2011 for the 2011 event and July 28th, 2012 (for 2012 event)

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1. Inkind Support provided by Council

The Hepburn Shire Council will provide the following in-kind support and services (summarised maximum costings detailed in Appendix A) for the term of the MOU, subject to the outcome of annual evaluations and reviews. 1.1 Four Meeting Event Liaison System a. HSC will assist and work with SIF in accordance with HSC’s Four Meeting Event Liaison

System. Representatives from HSC and SIF will meet as per the following schedule: - about 6 months prior to the event - about 6 weeks prior to the event - about 6 days prior to the event - within 3 months after the event

b. HSC will invite the relevant emergency authorities to attend these meetings where

appropriate. 1.2 Waste Management a. SIF develop a Waste Management Plan with assistance from HSC, outlining the type

and amount of wastes generated, waste management strategies and responsibilities.

b. HSC will provide up to 20 bins and as many bin caps as are available from Council for the event. The bins and bin caps will be delivered on the Friday prior to the Festa Parade and collected on the Monday following the event by Council. The bins will be delivered to a site negotiated between HSC and SIF.

Additional recycling bins and bin caps for SIF will be sourced from Central Highlands Waste Management Group (CHWMG) if they are available (the Council cannot guarantee they will be available). The cost of transporting any additional bin caps and bins from CHWMG to and from the venue will be met by SIF.

c. SIF agrees to work with HSC to conduct a Waste Wise event in Daylesford and Hepburn.

d. SIF is responsible to ensure event locations are left in a clean and tidy condition as per the Waste Management Plan.

e. A review of the Waste Management Plan will be conducted annually within 8 weeks of the conclusion of the Festa.

1.3 Traffic, Parking, Signage, Pedestrian and Transport Management Plans a. SIF and HSC will develop a Traffic Management Plan (TMP) incorporating parking,

pedestrian management and the road closures required for the duration of the event. TMP to be completed at least 4 weeks prior to the event

b. HSC will provide portable parking signs (including disabled parking), road closure signs and equipment for road closures, including delivery, installation and collection in accordance with the time schedule as outlined in the TMP.

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c. SIF and HSC will provide suitably qualified and experienced personnel (including traffic controllers where indicated in the TMP) to assist in implementing and maintaining the TMP. All event marshals and traffic controllers will be familiar with the TMP and comply with instructions from relevant authorities (including Victoria Police).

d. SIF must develop a Parking and Pedestrian Plan for the event weekend. It is SIF’s

responsibility to provide suitably qualified and experienced personnel to implement the Parking and Pedestrian Plans. Council will provide advice to Swiss Italian Festa in the development of the plan.

e. HSC will provide and deliver agreed signage (portable parking signs including disabled parking) for the event weekend. Directional and other signs required for the Parking Plan will be provided by SIF (or Council where available and negotiated in advance).

1.4 Venue and Venue Infrastructure a. SIF will provide adequate toilet and wash room facilities (including accessible toilets) in

accordance with the requirements of the relevant section of Council (Environmental Health and/or Building).

b. SIF must annually book the Town Hall if required for the event. The booking will be subject to a security deposit and the Terms and Conditions of Council's standard Hall Hire Agreement.

1.5 Marketing and Communications a. HSC will provide promotion of SIF at the Daylesford Regional Visitor Information Centre

and Creswick Interpretative Centre including one free display cube.

b. HSC will allocate SIF the events signage frames at key entry points to Daylesford from the 1st of September to the end of the Festa. Swiss Italian Festa will supply, install and remove the signs during the approved period.

c. Council will provide links to Swiss Italian Festa website on HSC website and will include SIF in event calendar listings. SIF must provide information to be included in event calendar listing.

d. HSC will support the marketing activities of SIF where possible e. SIF agrees to provide recognition to HSC via the following mechanism:

- Recognition of the HSC as a Major and/or Government Partner (or equivalent) in

all information relating to SIF including its website, marketing material, media releases and communications. The usage of HSC’s logo must be in accordance with the directions provided by HSC

- Provide Councillors and Council officer’s invitations to official Swiss Italian Festa functions, events and launches.

- Provision of a stall for HSC at appropriate Festa events if requested by HSC in advance

- Provide a half page advertisement in the Festa Guide, if a guide is produced (art work to be supplied by HSC at its expense according to production deadlines and graphical standards).

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2. Occupational Health and Safety, Risk and Compliance a. SIF must comply with all directions from HSC and other authority’s requirements in

relation to occupational health and safety, local laws, legislation, regulations, standards and codes, and the conditions of use as outlined in facility booking forms.

b. SIF will obtain and pay all fees associated with the necessary permits, permissions and licenses required to conduct the event from HSC and other authorities. These include, but are not limited to liquor licensing, temporary food premises permits, traffic related permits/permissions, fire safety requirements, plant and equipment use and temporary building permits.

c. SIF must provide a detailed Risk Management Plan (RMP) and Safety and Emergency Management Plan to HSC in accordance with HSC guidelines and pro-forma plans where available, at least 4 weeks prior to the event. HSC will provide assistance where possible. Plans must be updated continuously as the event date nears, and must be reviewed as soon as practical following the event.

d. SIF must notify HSC in writing of any incident or accident occurring on Council land or property including any road, reserve or building as soon as possible after the incident or accident has occurred.

3. Indemnity and Insurance a. SIF will indemnify and keep indemnified and hold harmless HSC, its servants and agents

from and against all actions, costs, damages, loss or claims from any activities or decisions arising from the conduct of the Festa, except to the extent caused or contributed to by the negligence or unlawful conduct of HSC or its servants or agents.

b. SIF must maintain up to date insurances applicable to the event, including Public Liability Insurance for a minimum of $10 million. The insurance policy must be maintained for the duration of the event (including the planning stages) and a copy of the certificate of compliance must be provided to HSC at least 4 weeks in advance of the event. Stallholders and contractors involved with the event must also have Public Liability Insurance.

c. If there is any loss or damage to HSC land or property as a result of the event, SIF will

immediately notify HSC by making contact with the Events Officer (or another HSC officer if the Events Officer is not available) and cover restoration, replacement or repair costs of the loss or damage.

d. SIF will maintain a legal status during the term of this MOU as an Association registered under the Associations Incorporation Act 1981 or another suitable status.

4. Strategic and Business Planning a. SIF will review and update its Business Plan on an annual basis. The Business Plan will

include the key objectives for the Festa and specific performance indicators and will be provided to HSC at least 2 months prior to the event.

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5. Review and Evaluation a. HSC will assess the achievements against the outcomes within this MOU, and the key

objectives contained in the SIF Business Plan with input from SIF

b. Swiss Italian Festa will attend a post event evaluation meeting with Council and other authorities following the conduct of the event.

c. Swiss Italian Festa will provide a preliminary report to Council within 8 weeks of the conclusion of the event setting out the information below

i. Attendance numbers for Swiss Italian Festa

ii. Financial estimates, including detailed event budget and fundraising contribution to local community

iii. Impact assessment on the Hepburn community (positive and negative impacts).

iv. Media and marketing obtained for the Hepburn Shire region as a result of the event.

v. Details of specific event operational and other issues associated with the event including recommendations for improvements in future years.

6. Dispute resolution a. In the event of a dispute arising out of a failure to meet any of the obligations required by

this MOU, either party may give the other party written notice specifying the details of the dispute. Within 7 days, a representative of both parties will agree to meet to resolve the issue.

b. If a dispute occurs within two weeks of the event date, both parties will agree to meet to resolve the issue within 2 working days of the notice.

c. If the dispute is unable to be resolved, the matter will be referred to any form of alternative dispute resolution procedure on which the parties agree. Where a mediator is involved, the parties must agree to comply with the mediators instructions.

d. The charges for the mediation will be paid equally by the parties.

e. Council will not enter into a dispute resolution procedure for the following issues:

1. The level of Council’s financial and in-kind contribution

2. The requirement for Swiss Italian Festa to comply with Council’s local laws and other regulations and legislation relating to the conduct of the event.

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7. Termination of MOU a. If Swiss Italian Festa is unable to deliver the outcomes specified in this MOU, Council

may review the level of sponsorship and in-kind support provided to the event.

b. If Council or Swiss Italian Festa is in breach of the terms of this MOU this MOU may be terminated in writing by the Chief Executive Officer of Council.

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MOU between Hepburn Shire Council and Swiss Italian Festa

Signed for and on behalf of the Hepburn Shire Council:

___________________________ _____________________________ ____________ Signature of authorised officer CEO Date

___________________________ _____________________________ ___________

Witness signature Witness name Date

Signed for and on behalf of Swiss Italian Festa

___________________________ _____________________________ ____________ Signature of authorised officer Title of authorised officer Date

___________________________ _____________________________ ___________

Witness signature Witness name Date

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Appendix A: Estimate of Hepburn Shire Council’s InKind Support Support provided Details Estimated Cost to HSC Waste Management

Supply, delivery, collection of rubbish bins and lids (locations to be in Waste Management Plan)

$1,000

Road Closures

Provision of equipment, signage, delivery and installation for road closures Provision of traffic controllers Provision of equipment for fireworks closure

$1,000

Equipment

Tables, chairs, safety vests, and BBQ (where required) – All items subject to equipment being available and SIF completing bookings

$100

HSC Buildings

Town Hall Senior Citizens Hall and Kitchen -Subject to booking

$500

Visitor Services

Provision of Visitor Information Centre Cube display

$300

Administration

Office space, computer with internet access, limited black and white photocopying and phone use

$100

Total estimated in-kind support value

$3,000

Additional in-kind support provided by Council’s Recreation Officer, Council’s Economic and Tourism Development Manager and other officers (details below). The value of this support has not been costed.

• Development of event memorandum of understanding • Advice on Traffic Management Plan for Road Closures • Advice on Risk Management Plan for Event • Advice on development of an Emergency Management Plan • Support to identify additional grant funding opportunities and to assist SIF with advice

for submission preparation

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Motion: That Council suspend Standing Orders for a 5-minute period. Moved: Cr Rod May Seconded: Cr Tim Hayes Carried. Motion: That Council resume Standing Orders. Moved: Cr Tim Hayes Seconded: Cr Rod May Carried.

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11.2 STATUS REPORT ON THE HEPBURN SHIRE COUNCIL RECREATION NEEDS STRATEGY (FINAL REPORT, NOVEMBER 2006)

(Action Officer – A/General Manager Community Development) File Ref: FOL/10/3134

Introduction At the Ordinary Council meeting on 20 April 2010 Council adopted the following motion: That Council requests its’ Recreation Advisory Committee and relevant Officers to provide Council at its June Ordinary Meeting a status report on the recommendations of the Hepburn Shire Council Recreation Needs Strategy, Final Report, November 2006, in order to inform and support Council’s prioritization and decision making regarding future recreation projects such as a Victoria Park Multi Purpose Facility and/or a Heated Indoor Swimming Pool with Hydrotherapy capability.

Report A Status Report on all recommendations was considered by the Recreation Advisory Committee at its meeting on 27 May 2010 (Attachment 4). It was noted that a number of on-going actions related to facility development and rationalization are being addressed through the development of a Service and Asset Management Plan. In recommending recreation projects to Council the Recreation Advisory Committee has been guided by the priorities identified in the Recreation Needs Strategy. A number of identified priorities have been implemented or are in progress, notably the Doug Lindsay Community Facility and Oval and Multi-Purpose facility, Clunes Sports Ground Feasibility and Council’s commitment to progress the Victoria Park Multi-Purpose Community Facility Feasibility with funding provided in 2009-10 for a quantity survey ($4000) and proposed in 2010-11 Budget2 for the development of detailed drawings ($16,000). Included within this Agenda is a Report dealing with a petition Council received on 18 May requesting Council commit to developing an indoor aquatic centre in Daylesford. 2 Wording “proposed” and “Budget” inserted for clarification.

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The development of a Walking and Cycling Strategy remains a high priority and other funding options are currently being considered.

In order to inform future recreation funding priorities, there is a need to; 1. Complete the asset management condition report on all recreation infrastructure.

This will be undertaken in the first half of 2010/2011 financial year as part of the Service and Asset Management Plan.

2. Undertake a service level review of all existing recreation infrastructure to determine community need and level of service.

3. Once priorities are established, seek funding to undertake a feasibility analysis and business plan for any new facility development. This would include life cycle costs and long term financial implications.

Relevant Policies Council Plan 2009 -13 We will create healthier, safer, more vibrant communities. Community Engagement The Recreation Advisory Committee has reviewed and endorsed the Status Report. The Recreation Needs Strategy – Final Report (2006) was informed by extensive community consultation. Financial Implications Costs to complete the asset management condition report on all recreation infrastructure is included within the draft 2010/11 budget. Funding to undertake a feasibility analysis and business plan for any new proposed facility development may be sought from the Department of Planning & Community Development, Sport and Recreation Victoria. A matching allocation could be considered in the 2010/11 mid-year budget review.

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Recommendation That Council 11.2.1 note the Status Report of the Hepburn Recreation Needs Strategy – Final Report (2006) at Attachment 4, 11.2.2 complete the asset management condition report on all recreation infrastructure, 11.2.3 undertake a service level review of all existing recreation infrastructure to determine community need, 11.2.4 seek funding to undertake a feasibility analysis and business plan for any new facility development.

Motion That Council 11.2.1 note the Status Report of the Hepburn Recreation Needs Strategy – Final

Report (2006) at Attachment 4, 11.2.2 complete the asset management condition report on all recreation

infrastructure, 11.2.3 undertake a service level review of all existing recreation infrastructure to

determine community need, 11.2.4 seek funding to undertake a feasibility analysis and business plan for any new

facility development with capital cost in excess of $250,000.

Moved: Cr Jon Barrell Seconded: Cr Don Henderson Carried.

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Page 95

Status Report on Recommendations of Hepburn Shire Recreation Needs Strategy – Final Report 2006

May 2010

Key Areas Strategies Status Proposed Actions Ongoing Action Access To continue to ensure that people

with disabilities and mobility issues are able to access leisure facilities and opportunities

Currently taken into account when constructing any new facilities and when upgrading current facilities

Continue implementation through Access and Inclusion Plan

Feasibility Development To provide a greater emphasis on redeveloping and upgrading existing facilities rather than developing new facilities

Recreation Advisory Committee (RAC) and Council Officers take this into account when any application is submitted for new or upgraded facilities

Continue to recommend community groups seeking new facilities to undertake thorough planning prior to submissions to justify decisions.

Risk Management To continue to implement risk management strategies and ensure reports of potential risks are acted upon according to suitable timelines

Implemented. Community groups each have a Hazard Report system whereby high risk hazards can be sent to Council and required action undertaken. Annual facility inspections are also undertaken for all sports facilities

Continue with current hazard report system and annual facility inspections

Family Participation To ensure that all age groups have access to a range of infrastructure at major leisure facilities such as skate parks and playgrounds where appropriate, Annual Budget Allocation of $30,000

Family facilities recently installed at Mount Prospect Tennis Club along with playground upgrade at Trentham Quarry Street reserve. Doug Lindsay reserve in Creswick has playground included in Master Plan for future development.

Council officers to continue to work with local community groups around ensuring major leisure facilities contain a range of infrastructure. Daylesford Community Park Master Plan completed and funding being sought for playground development. Reserve Management Plans contain elements for implementation

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Key Areas Strategies Status Proposed Actions around family participation.

Development of local township leisure opportunities

To support the development of local township leisure opportunities to reduce barriers to participation

Currently being performed through a range of measures including Recreation Capital Works funding and Community Grants funding. Development of Daylesford ARC facility and Health Club

Continue to provide internal Council funding opportunities and to seek external funding opportunities to provide local township leisure opportunities. Implementation of community plans around the Shire will provide a further level of planning advice for local township needs.

Monitoring and evaluation of Recreation Needs Strategy

To ensure that the Recreation Strategy is monitored and that strategies contained within it are implemented and evaluated on a regular basis

The RAC review and assess the progress of the Recreation Needs Strategy annually as part of the recreation capital works funding program.

RAC to continue this process

Volunteers To recognise the enormous contribution made by volunteers to the sport and recreation sector through annual budget allocation of $2,500

Currently not being implemented

N/A

Trentham Library To retain library facilities in Trentham

Mobile Library retained in Trentham, visits weekly.

Future option for collocation of library services with other agencies in Trentham

Short Term 2006-2009 Signage at Council Facilities To develop a signage policy for

all Council leisure facilities. Ensure suitable signage provided at Council owned or managed facilities and develop signage with a consistent style and look

Policy as yet not developed. Standard signage guidelines however are followed when signage is required.

Council to develop signage policy in conjunction with relevant officers. Reserve Management Plans contain recommendations about consistent signage.

Rationalisation of Facilities To rationalise un-used or severely underutilised sport and recreation facilities, or those facilities that have come to the

Study completed for Clunes in 2008. All buildings and facilities currently being looked at with Service and Asset Management Planning.

Links with Service and Asset Management Planning, specifically Levels Of Service. Building Condition report identifies a number of sporting facilities in the

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Key Areas Strategies Status Proposed Actions end of their lifecycle, to reduce the maintenance and insurance requirements of Council and clubs

Shire as needing upgrade and repair or possible rationalisation.

Information and Promotion Marketing Plan Involvement of Young people

Marketing Plan not yet completed. Involvement of young people and awareness of leisure opportunities across the Shire is improving. Development of the Daylesford ARC leisure facility along with increased promotion of Swimming pools across the Shire has provided these increases.

Youth space development a priority for the Youth Development Coordinator and Youth Advisory Committee 2010

Facility Development Justification funding and support – RAC process

RAC undertake a consistent annual assessment and selection process for grant applications. RAC advise Council staff around consultation with sporting groups where needed to assist to modify/change funding applications to provide the best opportunity for funding.

Continue with current process

Community Grants Program Community Grants Program reviewed and modified where necessary to meet community needs.

Community grants program reviewed 2006. Events section added due to community demand in 2009.

Community Grants Policy to be reviewed July 2010

Capital Works budget Increase recreation capital works budget to $100,000 – immediate (2006/07) and to $150,000 by 2012

Amount allocated by Council has varied depending on funding priorities

Council officers to continue to work with RAC and local community to have strong application ready projects.

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Key Areas Strategies Status Proposed Actions Walking/Cycling To maximise opportunities for

residents and visitors to walk and cycle throughout the municipality

Application to SRV for development of Walking and Bike Path Strategy Successful application for Calembeen Park Lake Reserve Looped Walking Path recommended in Management Plan.

Complete installation of Calembeen Park walking trail. Continue to seek funding for development of bike and walking path strategy. Improvements and better linkages identified in Reserve Management Plans (adopted March 2010)

Sports Insurance Investigate cooperative sports insurance cover

Provided via peak sports bodies

No further action

Performing Arts Opportunities for Youth

To encourage and develop performing arts opportunities for young people in partnership with community initiatives

Creswick Town Hall Daylesford Secondary College Theatre – Covered by ARC joint use agreement

Youth spaces project Further developing usage of Daylesford Secondary College Theatre

User contributions To develop a user contributions policy linked to capital works development of sporting facilities to encourage a self-help system

Included in Recreation Development Policy Reflected in user and lease agreements

No further action

Infrastructure Improvements To improve the quality of public infrastructure, e.g. public toilets, where such facilities are considered to be of a lower than acceptable standard

Currently being undertaken through Council’s Service and Asset Management Planning.

Service and Asset Management Working Group will look at current state of public facilities and make recommendations for future improvements.

Indoor Activity Space Maximise use of existing facilities’

Currently being undertaken through Council’s Service and Asset Management Planning.

Service and Asset management working group will focus on this area.

Clunes Bowling Club Tree Removal

To review and resolve the damage caused by trees adjacent to the Clunes Bowling Club

Completed by Catchment Management Authority – 2008

No further action

Creswick Town Hall To develop a management plan for the Creswick Town Hall to ensure greater usage by the general public.

Refurbishment of Town Hall commenced in 2006 by volunteers. Department of Planning and Community Development grant secured in

Next stage of Creswick Town Hall development subject to Council making appropriate funding allocation.

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Key Areas Strategies Status Proposed Actions 2008 for $93,500 to complete stage one.

Specific recommendations by town Creswick

• Mt Prospect Tennis Club

• Melbourne road

soccer field Daylesford/Hepburn

• Daylesford Soccer Facilities

• Tennis Club

• Hepburn Springs Golf Club

• Leonards Hill Hall

Kitchen and floor Upgrade Seek to provide soccer facilities in Daylesford Council contribution towards Business Plan to assist in determining future directions of club Seek improved water sources for Hepburn Golf Club Investigate cause of cracked footpath

Mt Prospect applied for a grant for a new playground and rotunda/bbq area for their facility. Kitchen and Floor not identified as a priority Not relevant, under-utilised, focus on improving soccer facilities at Doug Lindsay Reserve Discussions currently taking place to allow Daylesford and Hepburn Soccer Club to train at Victoria Park Oval No2. With the view to playing there in the future Business planning process almost complete. Sport and Recreation Victoria grant of $40,000 secured and completed Investigated – requires replacement

Continue to provide open communication channels with all sporting clubs to discuss future funding opportunities Included in current asset management strategy Further discussions with Junior Football Club around joint use of Oval No2 Council officers to meet with Tennis Club when business plan complete to discuss future directions for the club No further action To be incorporated in Footpath Strategy – opportunity when Hall refurbished

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Key Areas Strategies Status Proposed Actions Medium Term Facility developments Council to undertake an

independent evaluation of the role and outcomes of the RAC

Not completed as yet, will be looked at in detail with the upcoming review of the Recreation Development Policy

Role and outcomes to be incorporated into review of Recreation Development Policy scheduled June 2010

Community Gardens To establish and promote community gardens in townships

Council, in partnership with Daylesford Neighbourhood Centre has supported establishment and on-going and operation of community gardens at the day activity centre, Neighbourhood Centre and aged care facility in Daylesford.

A Community Garden has been established through the Clunes Neighbourhood House in Clunes and has been supported by Council Community Grants in 2008-09.

A community garden has been established at the Creswick Neighbourhood Centre and has benefitted from funding through Rural Access, Uniting Way (Ballarat) and Council’s Community Grants.

Council officers are working with the Trentham Community Garden group to utilize Council land at 14A Victoria Street, Trentham for the establishment of a community garden.

Calembeen Park Lake Master Plan

To review the Calembeen Park Master Plan developed recently

Calembeen Park Master Plan in conjunction with newly developed Calambeen Park

Seek guidance from Master Plan and Management Plan around all future developments at Calembeen

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Key Areas Strategies Status Proposed Actions for the Shire to ensure that there is genuine need for certain components and that other components not identified, but needed, are added to the plan, providing that resources are available

Management Plan will provide guidance on all future developments at Calambeen Park.

Park. Elements at Calembeen Park identified in Building Condition Report. Funding secured for upgrading walking track at Calembeen Park.

Daylesford – Implementation of ‘supported elements’ from Victoria Park Master Plan

To review the Victoria Park Master Plan developed recently for the Shire to ensure that there is genuine need for certain components and that other components not identified, but needed, are added to the plan, providing that resources are available

Victoria Park Master Plan has been reviewed and a number of improvements recommended in Master Plan currently being implemented through RDV Vic Park Upgrade Funding. Items include – cricket nets, electrical upgrade and a new ticket box

Complete installation of items through RDV Funding Program. Work with Vic Park User Groups

Long Term Clunes To investigate the potential to

centralise sporting facilities in Clunes to develop improved multi-purpose township facilities

Clunes Feasibility currently underway. Feasibility is almost completed two stages of a four stage process.

Continue to work with and support Clunes Feasibility process through to its completion expected early next year.

Creswick To relocate football away from Hammond Park to Doug Lindsay Reserve and develop a multi-purpose pavilion / function centre to cater for live theatre, child care and gymnasium on site

Doug Lindsay Reserve funding secured. Tender process currently open for submission.

Australian Rules Football to be located at Doug Lindsay Reserve for beginning of 2012 football season

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11.3 PETITION – INDOOR HEATED AQUATIC CENTRE (Action Officer – A/General Manager Community Development) NOTE: This item was considered after Item 9.2

Introduction Council at its Ordinary Meeting held on 18 May 2010 received a petition with 1,421 signatures requesting Council commit to the building of a multi-purpose indoor heated aquatic centre in Daylesford. Report The petition was tabled at the May Ordinary Meeting of Council stating: “We, the undersigned, petition the Council to commit to the building of a multi-purpose indoor heated aquatic centre for Daylesford and the surrounding districts, that is suitable for hydrotherapy, rehabilitation, learn to swim programs and recreational use. We call upon the Council to urgently undertake a feasibility study for this purpose”. The petition is circulated under separate cover. In addition, a resident David Sim has written to the Recreation Advisory Committee urging Council to give high priority to investigating the feasibility of building a multi-purpose indoor aquatic facility for Daylesford. Please refer to Attachment 5 for a copy of the letter. The letter was considered at the Recreation Advisory Committee meeting on 27 May 2010. Background In 1998, Council contracted consultants Michael King and Associates Pty Ltd to undertake a feasibility study for a indoor aquatic and / or indoor sports centre. The Consultants;

1. “Recommended the development of up to two new indoor sports courts at the Daylesford Secondary College. As a consequence the ARC has now been developed.

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2. Not recommend to develop indoor aquatic facilities in the Daylesford area at this time”.

This was due to high capital construction costs, identified low population in the catchment zone (less than 5,000 people) and projected high annual operational deficits ($200,000 plus). Please refer to Attachment 6 for a summary of the Consultants findings. The Hepburn Shire Council Recreational Needs Strategy, Final Report, November 2006 found in relation to an indoor aquatic centre that “whilst there is a perceived need, there is also recognition the ongoing operating cost may be prohibitive and that there are already a range of swimming opportunities, including the new spa development at Hepburn Springs, which offers subsidized access for residents”. In response to the letter from David Sim, the Recreation Advisory Committee resolved at its meeting on the 27 May to recommend that; “Council conduct a feasibility for the development of a heated aquatic facility in Hepburn Shire. The study should also consider the feasibility of providing access to heated aquatic facilities in neighbouring municipalities (Gisborne, Kyneton and Ballarat) and address issues about the needs of different sections of the population, especially children and young people, which are met by outdoor swimming facilities and the impact on these groups of the closure of outdoor pools”. It is anticipated that a feasibility study would cost in the order of $60,000. Mt Alexander Shire completed a feasibility study for an indoor heated aquatic centre in 2009 and indicative estimates of construction costs range between $12 million and $16 million with an average annual operational subsidy within the range of $300,000 to $400,000. In an earlier report in this Agenda (Item 11.2) titled Status Report on the Hepburn Shire Council Recreation Needs Strategy (Final Report, November 2006) it is recommended that Council take a more strategic approach to its recreational facilities in line with service and asset management principles prior to making any decisions regarding future projects, complete asset management condition reports and service level reviews on all recreation infrastructure. Following this, Council would seek funding to undertake a feasibility analysis and business plan for any new priority projects.

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Relevant Policies Council Plan Commitment 47: Achieving high levels of social inclusion through understanding the great diversity within our Shire and making our services, programs and facilities accessible to all. Community Engagement Council has received a Petition with 1,421 signatures and has received numerous representations. Financial Implications Costs to complete the asset management condition report on all recreation infrastructure is included within the draft 2010/11 budget. Funding to undertake a feasibility analysis and business plan for any new proposed facility development may be sought from the Department of Planning & Community Development, Sport and Recreation Victoria. Recommendation That Council 11.3.1 note the Recreation Advisory Committees recommendation; 11.3.2 await the outcome of the Recreation asset management condition report and

service level review of recreation infrastructure (as recommended in Agenda Report 11.2) prior to making any decision in relation to indoor heated aquatic facilities in the Shire.

11.3.3 thank the head petitioner Joan Endacott and advise of the Council decision. NOTE: Due to the size of the petition, it is not possible to include it in the Agenda. It will therefore be made available as an independent document at the Meeting.

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Motion That Council 11.3.1 note the Recreation Advisory Committees recommendation; 11.3.2 convenes a meeting of experts to discuss matters relating to an indoor heated

aquatic centre; 11.3.3 thank the head petitioner Joan Endacott and advise of the Council decision. Moved: Cr Rod May Seconded: Cr Sebastian Klein Carried.

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1 Frame Avenue Hepburn Springs VIC 3461

11 May 2010 Recreation Advisory Committee C/- Adam McSwain Recreation Officer Community Strengthening Unit PO Box 21 Daylesford VIC 3460 Dear Adam, Heated Indoor Aquatic Facility At Hepburn Shire Council’s meeting on 20 April, a motion was put that the Recreation Advisory Committee provide a status report on the recommendations of the Recreation Needs Strategy, Final Report (Nov 2006) regarding prioritisation of future recreation projects for the Shire. In providing its report to Council, I urge the Committee to allocate a high priority to investigating the feasibility of building a multi-purpose heated indoor aquatic facility for Daylesford and the surrounding districts that is suitable for recreational use by the community, as well as hydrotherapy, rehabilitation and learn to swim programs. I’m concerned that the Recreation Needs Strategy has not adequately addressed the “expressed need” by the community for an indoor aquatic facility. The report bases its conclusions upon selected findings from a feasibility study conducted twelve years ago, while ignoring further recommendations from the same study that support reassessing the feasibility of an indoor aquatic facility at the present time. Following a household survey and township meetings conducted as part of the Recreation Needs Study (pp. 23-24), swimming was identified as the “most desired activity” by the community and aquatic facilities were identified as the “number one priority” for recreational funding. Having acknowledged the expressed need by the community for an indoor aquatic centre, the concept was effectively dismissed by the report commenting that “previous reports and current facility development trends identify ongoing operating costs would be prohibitive” (p. 40). The report also remarks speculatively that there is “a range of local swimming opportunities, including the new spa development at Hepburn Springs which offers subsidised swimming access for residents” (pp. 34, 40-41). These conclusions are based on selected findings from the feasibility study conducted in 1998 (copy obtained from Council’s website), from which the report quotes:

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“Due to high capital construction cost ($2.8m to $4m), identified low customer population in the catchment zone (less than 5,000 people) and projected high annual operating deficits ($200,000 plus), it is not recommended to develop indoor aquatic facilities in Daylesford at this time.” (p. 18)

However, the report has ignored further recommendations from the feasibility study that propose a two-stage longer term strategy for the development of an indoor pool in the Daylesford area (pp. 69-70). The stages being:

“Stage One: Short Term Investigate and consider the viability and suitability of contributing funding to the new Hepburn Spa Complex (if it goes ahead), subject to suitable pool configurations and entry fees being appropriate to meet community needs. Such a development may allow Council to contribute a one-off capital grant in return for residents accessing a suitable indoor pool facility. Such a contribution must clearly be used to create useable water areas and reduce entry costs to residents. Stage Two: Long-Term Adopt a long-term approach (5 - 10 years) to add aquatic facilities to the new sports courts at the Daylesford Secondary College and consider putting in place an ongoing annual funding contribution to be reserved to assist this project … It should be noted that such a long-term strategy will require Council to operate the Daylesford Outdoor Pool until a new pool is built. This is expected to be at a high annual subsidy cost. The current facilities are not expected to attract any more users in their present condition.”

Both the feasibility study and the Recreation Needs Strategy identified an opportunity for the Hepburn Bathhouse to fill this recreation needs “gap” for local residents. However, despite consultation with the community during its redevelopment, the facility has not met expectations. It is of concern that the "health & wellness" themes - centred around mineral water - that are promoted to visitors to the region are not readily attainable by the local community. The Hepburn Bathhouse, for example, is expensive for the general public to enter (notwithstanding the subsidised cost) and is not designed for the types of activities that local residents desire. With this background, I encourage the Committee to allocate a high priority to investigating the feasibility of constructing a multi-purpose heated indoor aquatic facility in the Shire that would provide year-round health and fitness benefits to all age groups in the community and much needed recreation for youth. There are many aspects suggesting that a heated indoor swimming facility may be feasible in Daylesford. • an indoor pool would permit swimming all year and be supported by community and

sporting groups, schools, health services and the broader community • while Daylesford/Hepburn Springs is the most populated area within the Hepburn

Shire, it is also the most distant from other heated pools located outside the Shire (e.g. Ballarat (45 km), Gisborne (60 km), Maryborough (60 km), etc).

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• Daylesford hosts the only secondary school within the shire (approx 500 pupils) and over 400 pupils attend primary schools and kindergartens in Daylesford and Hepburn Springs.

• a heated indoor pool incorporating energy efficient/climate friendly technology and

being co-located with other facilities may not increase Council's net-spending on swimming pool running costs, and may cost less/generate income, etc

• co-location with existing recreational facilities may reduce development and operating costs and may consolidate recreation activities within an area (e.g. ARC, Victoria Park, Daylesford Skate Park, Hepburn Mineral Springs Reserve, etc)

• partial funding could be obtained via asset rationalisation (e.g. sale of the outdoor

pool site for commercial/residential/carparking development, etc). This strategy is consistent with Council's relocation of the Council depot from Hepburn Springs and would also assist in consolidating Daylesford's CBD.

• tender management to an external facilities provider such as YMCA/Belgravia. There

are many examples in Victoria where development costs for social infrastructure have been partially funded by services providers under public private partnerships. These strategies would relieve the Shire of funding pressures and risks associated with developing and operating an indoor pool.

• such a facility will not compete directly with the Hepburn Bathhouse, since the

facilities would essentially service different markets. Many local government areas in Victoria have invested in this type of infrastructure, including the Macedon Ranges Council that has recently obtained Federal funding to enable an indoor pool to be built at Kyneton. I strongly urge the Committee to recommend investigating the feasibility of building a multi-purpose indoor heated aquatic facility. The benefits of a modern indoor swimming complex for the community would be tremendous and I believe such a proposal would be well supported. Yours faithfully, David Sim Hepburn Springs P. 5348 3857 cc. Cr Jon Barrell, Cr Rod May

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11.4 TRENTHAM COMMUNITY GARDEN (Action Officer – Acting General Manager Community Development)File Ref: 201580R Introduction The Trentham Residents and Traders Association Inc (TRATA) initially established the Trentham Community Garden Group (TCGG) for the purpose of establishing a community garden. TCGG has been active within the Trentham community for nearly 2 years but is now under the auspice of Trentham Neighbourhood Centre Inc (TNC). Report An important part of establishing a community garden is to locate and establish a suitable site.

TCGG has expressed a preference for land owned by Council - CA 2004 at 14A Victoria Street Trentham. This land is adjacent to the Trentham Railway Station/Visitor Information Centre. Within the Vacant Land Review Council did not determine that this site was surplus to need.

This land was purchased from the State Government in 2003. The purchase was subject to a condition “that the land be used solely for Community purposes”. This restriction is included on the land Title. A community garden as proposed by TCGG is considered to be a very suitable community purposes use.

TNC and TCGG have discussed the project with Council officers.

An analysis of the site indicates that it is not the most favourable for a garden due to over shading by nearby cypress trees on adjoining VicTrack land. While this has been pointed out to TCGG, it has been insistent in its view to use the Council land. Other sites which may be more suitable are, however, far less available.

The best means to recognise legal occupancy of the land was addressed. There are two possible ways this can be achieved –

• Council lease for community based organisations, or • issue of a Licence to TNC as auspice to allow TCGG to occupy the site.

A licence, (based on the standard DSE model) is the preferred course to proceed. A licence with the annual standard fee of $104 will allow occupancy and establish conditions to protect Council interest’s e.g. public liability. At first TCGG requested a long term arrangement by a lease. An initial 3 year period to allow for establishment of

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the community garden and to gauge its level of success has been agreed with TCGG and will be recommended to Council. Normally a licence may be cancelled on notice and without compensation becoming an issue.

During the third year, the project will be evaluated to establish if a longer term arrangement can be substantiated. If there is to be a longer term arrangement Council may in future consider a lease after the initial licence term expires. A lease will of course provide an exclusive occupancy to TNC.

Rent, rates, service charges and other costs have been raised. TNC/TCGG will be treated no differently to any other community based organisation regarding these matters.

The land is zoned Township with ESO1 overlay. In general no planning permit is required for gardening or informal outdoor recreation in the Township Zone. However, if TCGG was to sell produce from the site or depending upon the use to which any buildings are to be put e.g. a storage shed, a planning permit will be required. The proposed Licence includes a condition that TNC is responsible to obtain any required permits.

A draft of the proposed licence is attached to this Report.

Relevant Policies

The Municipal Public Health Plan commits Council to provide support to community garden initiatives in Creswick, Clunes, Daylesford and Trentham.

Community Engagement The TCGG has been working with TRATA, Hepburn Health Service and TNC to identify and secure a suitable site for the community garden for some time.

Financial Implications There are no significant financial implications regarding the issue of a licence to TNC for TCGG to occupy the land. The annual Licence fee of $104 + GST, based on the DSE established fee for community based organizations must be paid. Site maintenance and removal of any structures should the project cease will be a TNC/TCGG responsibility.

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The Licence will require public liability insurance of $10m with evidence of this and currency to be provided.

Recommendation

11.4.1 That Council issue a Licence in the form attached to this Report to Trentham Neighbourhood Centre Inc for a term of 3 years from 1 July 2010 to enable the Trentham Community Garden Group to occupy CA 2004 at 14A Victoria Street Trentham for the purposes of establishing and maintaining a community garden; and the Chief Executive Officer be authorised to execute the Licence on behalf of Council.

Motion

That Council

11.4.1 issue a Licence in the form attached to this Report to Trentham Neighbourhood Centre Inc for a term of 3 years from 1 July 2010 to enable the Trentham Community Garden Group to occupy CA 2004 at 14A Victoria Street Trentham for the purposes of establishing and maintaining a community garden; and the Chief Executive Officer be authorised to execute the Licence on behalf of Council; and

11.4.2 request that weeds on the Victoria Street site are controlled to the satisfaction of

the Trentham Neighbourhood Centre and Trentham Community Garden Group prior to the signing of the licence agreement.

Moved: Cr Sebastian Klein Seconded: Cr Rod May Carried.

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Hepburn Shire Council 201580R LICENCE DRAFT Local Government Act 1989 THIS LICENCE is granted by the Licensor to the Licensee and commences on the date set out in the Schedule. In consideration of the payment of the licence fee and the conditions contained in this Licence, the Licensor or a person authorised by the Licensor, at the request of the Licensee HEREBY AUTHORISES the Licensee to use the licensed premises described in the Schedule for the specified purposes set out in the Schedule. This Licence is subject to the provisions of the Local Government Act 1989 and Regulations or Local Laws of the Licensor thereunder, the Licence conditions attached and any statutory and other Special Conditions set out in the Schedule. ..................................................... For and on behalf of the Licensor Kaylene Conrick Chief Executive Officer or Authorised person The Licensee hereby agrees to accept and comply with the terms and conditions of this Licence Appropriate signing clause to be inserted for Trentham Neighbourhood Centre ...................................................... Licensee

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INDEX

SCHEDULE

PLAN

LICENCE CONDITIONS

1 Grant

2 Licensee's Obligations (Positive) 2.1 Licence fee 2.2 Rates and Taxes 2.3 Indemnity 2.4 Public Liability Insurance 2.5 Maintenance, 2.6 Fire Protection Works 2.7 Condition at Termination 2.8 Notice of Defects and other matters 2.9 Compliance with Law 2.10 Arrears and Interest 2.11 Further Conditions

3 Licensee's Obligations (Negative) 3.1 Use of Licensed premises 3.2 Create nuisance 3.3 Allow rubbish 3.4 Hazardous Chemicals 3.5 Assignment 3.6 Licensor’s Entry 3.7 Void insurance 3.8 Erection of Improvements

4 General Conditions 4.1 Termination upon Default 4.2 Termination without Default 4.3 Ownership of Improvements 4.4 Licensee's Chattels 4.5 Licensor may remove and dispose of property 4.6 Licensor's Agents 4.7 Notices 4.8 Debt recovery 4.9 Additional Approvals

5 Definitions

6 Interpretations

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SCHEDULE

ITEM 1 Licence Number: P# 201580R 2 Licensor: Hepburn Shire Council ABN 76 845 763 535 3 Licensee: Trentham Neighbourhood Centre Inc. A0024340J ABN 72 867 562 540 4 Licensee’s Address: P O Box 96, Trentham Vic 3458 5 Commencement Date: 1 July 2010 6 Term: 3 years 7 Licence fee: $104pa + GST 8 Payable: Annually in advance on 1 July annually 9 Reservation description: Vacant land 10 Licensed Premises: Lot 2004 on TP831923B 11 Area: 5936 sq metres 12 Powers under which licence granted: Local Government Act 1989 13 Specified Purpose: Establishment of and maintaining a Community Garden in accordance with the concept and design Plan attached or to be attached to this Licence 14 Amount of Public Liability Insurance: $10m 15 Licensor Address: 76 Vincent Street, Daylesford, Vic 3460 16 Special Conditions: 16.1 For the purposes of this Licence it is acknowledged by the Licensor that the Licensed Premises

has been maintained by volunteers and if this Licence expires or is not to be replaced or the Specified Purpose ceases then despite Clause 2.7 the Licensee is only obliged but subject to 16.4 hereof to deliver back the Licensed Premises in, no worse condition than at 30 June 2010.

16.2 For the Specified Purpose it is acknowledged that the Licensee will erect or place on the

Licensed Premises sheds, fencing, plant- houses, compost bins, water tanks, garden beds, paths, and other improvements. Prior to any erection or placement of any improvements or the items mentioned and in accordance with Clause 3.8 hereof the Licensee will submit to the Licensor a concept and design Plan for approval and once approved the Plan will be attached to and become a part of this Licence.

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16.3 The Licensee is responsible to apply for and obtain any necessary planning and building approvals or permits or any other permits or approvals required in connection with the Specified Purpose.

16.4 Despite Clause 4.3 hereof if at the expiration or termination of this Licence there remains any

improvement or structure on or attached to the Licensed Premises the Licensee must remove it within 90 days of the expiration or termination unless otherwise agreed.

16.5 The Licensor is not responsible for the cost of maintaining, pruning or removal of any living

trees or shrubs that are on or near or which may affect the Licensed Premises during the term of this Licence.

16.6 Within 6 months of the commencement of this Licence the Licensee must develop and adopt a

Risk Management Plan which must be relevant to and observed for the Specified Purpose. Once adopted a copy of the Risk Management Plan must be lodged with the Licensor.

16.7 By 31 July each year during the Licence term the Licensee will provide to the Licensor an

Annual Report which includes information on the general level of activity and maintenance at the Licensed Premises.

16.8 Prior to the last three months of the term the Specified Purpose will be evaluated using a

method previously agreed between the Licensor and Licensee. 16.9 Subject to the result of the evaluation of the Specified Purpose and the Licensee not being in

default of any condition in this Licence the Licensor will consider a request from the Licensee for a further or longer term of up to 5 years. Consent for a further term will not be unreasonably withheld and may be granted by a Lease or a further Licence depending on what is agreed between the Licensor and Licensee at the time.

16.10 The Licensor and Licensee must endeavour to resolve any disputes through negotiation. If a

dispute cannot be resolved by negotiation after 90 days, the matter must be referred to an appropriate person for mediation and that person’s written determination must be made within a further 60 days and will bind the Licensor and Licensee.

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LICENCE CONDITIONS 1 Grant

The rights conferred by this Licence are non-exclusive, do not create or confer upon the Licensee any tenancy or any estate or interest in or over the licensed premises or any part of it, and do not comprise or include any rights other than those granted or to which the Licensee is otherwise entitled by law.

2 Licensee's Obligations (Positive) The Licensee Hereby Covenants with the Licensor that during the term this Licensee it will:- 2.1 Licence fee

Duly and punctually pay or cause to be paid the licence fee to the Licensor at the payment address shown in Item 15 of the Schedule or as advised by the Licensor from time to time on the days and in the manner provided in Item 8 of the Schedule without demand, deduction, set-off or abatement.

2.2 Rates and Taxes 2.2.1 Duly and punctually pay as and when they respectively fall due all rates and taxes on the

licensed premises. 2.2.2 If requested to do so by the Licensor, produce receipts to the Licensor evidencing payment of

the rates and taxes. 2.2.3 Duly and punctually pay to the Licensor at the same time and in the same manner as the licence

fee is payable to the Licensor (or as otherwise notified to the Licensee by the Licensor) under clause 2.1 above the amount of any GST payable on or in relation to this Licence and/or the rent payable thereunder or that becomes payable by the Licensor during the period covered by the licence fee.

2.3 Indemnity Indemnify the Licensor in respect of any claim or liability for property damage and/or injury or death of any person which arises directly or indirectly out of negligence, tort, contract, or breach of a statutory duty by the Licensee or any associated party consequential to the use or occupation of the licensed premises, including, but without restricting the generality of the foregoing, the pollution or contamination of land or water, and any costs, charges and expenses incurred in connection therewith.

2.4 Public Liability Insurance A public liability insurance policy over the licensed premises (providing no less limit of indemnity for any one occurrence during the policy period than the amount shown at Item 14 of the Schedule), which is endorsed (as follows), to note:

‘the Hepburn Shire Council, its servants, agents and employees in respect to providing indemnity for personal injury and/or property damage caused by an occurrence, and/or for breach of Professional duty arising out of the negligent acts, errors or omissions of the Licensee and/or its servants agents and employees. The endorsement and extension to the policy does not extend to negligent acts, errors or omissions of the Hepburn Shire Council (and others above mentioned), and is limited to the amount shown in Item 14 of the Schedule for any one occurrence.’

2.5 Maintenance 2.5.1 Throughout the term of this Licence and any overholding keep the licensed premises in good

order and condition and the improvements (if any) on it in good order and condition having regard to their condition at the commencement date or, if constructed or added to the licensed premises after the commencement date, at the date of such construction or addition as the case may be and in particular but without restricting the generality of the foregoing will:- 2.5.1.1 Keep the licensed premises free of pest animals and weeds 2.5.1.2 Remedy every default of which notice is given by the Licensor to the Licensee

within a reasonable time specified in the notice but in any event the time specified in the notice will not be less than 14 days.

2.6 Fire Protection Works Undertake all fire protection works on the licensed premises required by law to the satisfaction of the Licensor and the responsible fire Authority.

2.7 Condition at Termination On expiry or prior determination of this Licence return the licensed premises to the Licensor in good order and condition and otherwise in accordance with the Licensee's obligations.

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2.8 Notice of Defects and other matters 2.8.1 Give the Licensor prompt notice in writing of any accident to or defect in the licensed premises

and of any circumstances likely to cause any damage risk or hazard to the licensed premises or any person on it;

2.8.2 Give to the Licensor within 7 days of its receipt by the Licensee a true copy of every notice, proposal or order given, issued or made in respect of the licensed premises and full details of the circumstances of it;

2.8.3 Without delay take all necessary steps to comply with any notice, proposal or order referred to in paragraph 2.8.2 with which the Licensee is required to comply; and

2.8.4 At the request of the Licensor make or join with the Licensor in making such objections or representations against or in respect of any notice, proposal or order referred to in paragraph 2.8.2 as the Licensor deems expedient.

2.9 Compliance with Law Comply at the Licensee's cost with the provisions of all statutes, regulations, local laws and by-laws relating to the licensed premises and all lawful orders or direction made under them.

2.10 Arrears and Interest 2.10.1 Pay to the Licensor:-

2.10.1.1 on any moneys payable by the Licensee to the Licensor and outstanding for thirty (30) days or on any judgment for the Licensor in an action arising under the Licence, interest at the penalty rate of interest for the time being made payable under the Penalty Interest Rates Act 1983 computed from the date the moneys or judgment became payable until all moneys (including interest on them) are paid in full;

2.10.1.2 on demand all the Licensor's legal costs and disbursements payable in respect of or in connection with any assignment of this Licence or under-licensing of the licensed premises, any surrender of this Licence, the giving of any consent by the Licensor or any failure by the Licensee to perform and observe this Licence, or any deed or other document executed in connection with this Licence.

2.11 Further Conditions Comply with the Special Conditions (if any) contained in Item 16 of the Schedule.

3 Licensee's Obligations (Negative) The Licensee Hereby Covenants with the Licensor that during the term the Licensee will not - 3.1 Use of Licensed premises

Use the licensed premises for any purpose other than the specified purpose referred to in Item 13 of the Schedule without first obtaining the Licensor's written consent which can be given or withheld at the absolute discretion of the Licensor or be given subject to conditions.

3.2 Create nuisance Do nor cause or permit to be done anything which constitutes an actionable nuisance, annoyance or disturbance to other persons lawfully entitled to use the licensed premises or to use any land in the vicinity or to occupiers of properties adjoining the licensed premises.

3.3 Allow rubbish Permit any refuse or rubbish to accumulate in or about the licensed premises.

3.4 Hazardous Chemicals Keep any hazardous materials on the premises without the Licensor's written consent save a reasonable quantity of any hazardous material which is normally used in any specified purpose actually carried on in or upon the premises and which is kept in compliance with the requirements of any authority charged with regulating the keeping of it.

3.5 Assignment Without first obtaining the written consent of the Licensor assign, under-license, mortgage, or charge this Licence or part with or share possession of the licensed premises or any part of it.

3.6 Licensor’s Entry 3.6.1 Prevent, attempt to prevent or in any other way hinder, obstruct or permit the hindrance or

obstruction of the Licensor or the Licensor’s employee or agent at any time from entering and remaining on the licensed premises either with or without motor vehicles or other equipment for any purpose and in particular, but without restricting the generality of the foregoing, for any of the following purposes:- 3.6.1.1 retaking or attempting to retake possession of the licensed premises; 3.6.1.2 inspection; or

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3.6.1.3 any other lawful purpose. 3.7 Void insurance

Do or allow anything to be done which might result in any insurances relating to the licensed premises becoming void or voidable or which might increase the premium on any insurance.

3.8 Erection of Improvements Erect or permit the erection of any improvement on the licensed premises without the Licensor’s prior written approval, which can be given or withheld at the absolute discretion of the Licensor or be given subject to conditions.

4 General Conditions 4.1 Termination upon Default

If the Licensor is satisfied, after giving the Licensee a reasonable opportunity to be heard, that the Licensee has failed to comply with any terms or conditions of this Licence, the Licensor may declare and give notice to the Licensee that the Licence is cancelled, and upon cancellation the Licensee will not be entitled to any compensation whatsoever.

4.2 Termination without Default 4.2.1 In addition to and not in substitution for the power to cancel this Licence under clause 4.1, the

Licensor may by giving to the Licensee at least 90 days written notice to that effect cancel this Licence upon a date to be specified in that notice notwithstanding that there has been no breach by the Licensee of any term or condition of this Licence.

4.2.2 If the Licence is terminated under this clause the Licensee is entitled to receive and will be paid by the Licensor a refund of an amount of the licence fee paid.

4.2.3 The amount of refund will be determined by the Licensor on a pro rata basis, taking into account any period of the Licence remaining at the date of cancellation.

4.2.4 Except as provided in sub clause 4.2.2 above no compensation is payable in respect of the cancellation of the Licence.

4.3 Ownership of Improvements The Licensee acknowledges that all buildings and structures on the licensed premises at the date of commencement of this Licence and all new structural works (except for any Licensee's trade fixtures or fittings) and any additions or modifications to the existing or new buildings and structures carried out during the term of this Licence are and remain the property of the Licensor.

4.4 Licensee's Chattels 4.4.1 Except as provided in sub-clause 4.4.3 the Licensee's chattels remain the property of the

Licensee. 4.4.2 On the cancellation or expiration of this Licence the Licensee must, within a period of time

specified by the Licensor, remove all Licensee's chattels from the licensed premises and forthwith make good all damage caused to the licensed premises by the affixing, retention or removal of the Licensee's chattels to the satisfaction of the Licensor.

4.4.3 If the Licensee’s chattels are not removed at the end of the period of time specified under sub-clause 4.4.2, the Licensee’s chattels shall become the property of the Licensor.

4.5 Licensor may remove and dispose of Licensee’s chattels If this Licence expires, or is cancelled, the Licensor may at the end of the period of time specified under Clause 4.4.2 remove the Licensee’s chattels and store them at the Licensee’s expense without being liable to the Licensee for trespass, detinue, conversion or negligence. After storing them for at least one month, the Licensor may sell or dispose of them by auction, private sale, gift, distribution or otherwise and apply the net proceeds towards the payment of any moneys owed by the Licensee to the Licensor.

4.6 Licensor's Agents Every act or thing to be done, decision to be made or document to be signed pursuant to this Licence by the Licensor and not required by law to be done, made or signed by the Licensor personally may be done made or signed by any person or class of person to whom such power has been delegated by the Licensor.

4.7 Notices Any notice consent or demand or other communication to be served on or given to the Licensee by the Licensor under this Licence will be deemed to have been duly served or given if it is in writing signed by the Licensor and delivered or sent by pre paid post to the Licensee's address set out in Item 4 of the Schedule or to the latest address stated by the Licensee in any written communication with the Licensor.

4.8 Debt recovery All moneys payable by the Licensee to the Licensor under this Licence are recoverable from the Licensee as liquidated debts payable on demand.

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5 Definitions

Unless inconsistent with the context or subject matter each word or phrase defined in this clause has the same meaning when used elsewhere in this Licence. "commencement date" means the date described in Item 5 of the Schedule and is the first day of the term; “GST” means a goods and services tax within the meaning of the A New Tax System (Goods and Services Tax) Act 1999. "hazardous material or chemical" includes gas, inflammable liquid, explosive substance, pesticide, herbicide, fertilizer and other chemicals; “improvement” includes building, dam, levee, channel, pipe, tap, sign, permanent fence, garden bed, or other structure and any addition to an existing improvement; "licensed premises" means the land and structures described in Item 10 of the Schedule and any improvements subsequently made; "Licence fee" means the licence fee described in Item 7 of the Schedule as varied during the term; "Licensee" means the person named in Item 3 of the Schedule and includes the permitted assigns and successors in law to a Licensee; "Licensor" means the Hepburn Shire Council; "person" includes a body corporate as well as an individual; “pest animals” has the same meaning as in the Catchment and Land Protection Act 1994; "rates and taxes" means all existing and future rates (including water by consumption and any special rates or levies) taxes, charges, tariffs, assessments, impositions and outgoings whatsoever now or at any time imposed, charged or assessed on or against the licensed premises or the Licensor or the Licensee or payable by the owner or occupier of the licensed premises; "schedule" means the schedule to this Licence; “sign” includes names, advertisements and notices; “soil” includes gravel, stone, salt, guano, shell, sand, loam and brick earth; "term" means the period of time set out in Item 6 of the Schedule, as and from the commencement date; “weeds” include noxious weeds within the meaning of the Catchment and Land Protection Act 1994 and prescribed flora within the meaning of the Flora and Fauna Guarantee Act 1988; "writing" includes typewriting, printing, photography, lithography and other modes of representing or reproducing words in a visible form and "written" has a corresponding meaning.

6 Interpretations 6.1 A reference importing the singular includes the plural and vice versa. 6.2 The index and headings are included for ease of reference and do not alter the interpretation of this

Licence. 6.3 If any day appointed or specified by this Licence falls on a Saturday, Sunday or a day appointed under

the Public Holidays Act 1993 as a holiday for the whole day the day so appointed or specified is deemed to be the first day succeeding the day appointed or specified which is not a Saturday, Sunday or day appointed as a holiday.

6.4 References to an Act of Parliament or a section or schedule of it shall be read as if the words "or any statutory modification or re-enactment thereof or substitution therefor" were added to the reference.

6.5 If the Licensee comprises more than one person, the covenants and agreements contained in this Licence shall be construed as having been entered into by, and are binding, both jointly and severally on all and each of the persons who constitute the Licensee.

6.6 References to clauses, sub-clauses and Items are references to clauses, sub-clauses and Items of this Licence respectively.

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12 SUSTAINABLE DEVELOPMENT: 12.1 FOOD AMENDMENT (REGULATION RFORM) ACT 2009 –

INSTRUMENT OF DELEGATION (Action Officer – General Manager Sustainable Development) Introduction On 1 July 2010 the first stages of the Food Amendment (Regulation Reform) Act 2009 will come into effect. Consequently specific Council Officers will need to have their authorities adjusted under an Instrument of Delegation in keeping with these changes. This report has been prepared to enable Council to formally delegate to Council officers the powers and discretions, functions and duties to Council’s Chief Executive Officer and Environmental Health Officers. Report It is necessary to formally delegate appropriate powers under the Food Act 1984 to Council’s Chief Executive Officer, Council’s Senior Environmental Health Officer and Council’s Environmental Health Officer in order to deal with the day to day functions, roles and responsibilities of Council as a responsible authority with respect to administering the Food Act 1984. A formal resolution of Council is required to enable this delegation. A copy of the Instrument of Delegation is attached (Refer Attachment 8). The attached schedule is in addition to the Food Act 1984 Schedule of Hepburn Shire Council Instrument of Delegation to Members of Council Staff adopted by Council at its Ordinary Meeting held on 18 August 2009. This ensures that any action under the old Act will be enforceable. It is proposed that old delegations will be revoked in December 2010. Relevant Policies Food Act 1984 Local Government Act 1989 Instrument of Delegation – Council to Members of Council Staff – Adopted by Council at its Ordinary Meeting held on 18 August 2009 Community Engagement Not Applicable

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Financial Implications There are no financial implications in Council adopting this Instrument of Delegation Recommendation That Council resolves: 12.1.1 Pursuant to the powers conferred by section 58A of the Food Act 1984 the

Council delegates to its officers and members of staff in the manner and to the extent specified in the Instrument of Delegation presented to this Council meeting and attached to this resolution (“Instrument of Delegation”) the powers and discretions conferred on Council under the relevant provisions of the Act also specified in the Instrument of Delegation;

12.1.2 The delegations in the Instrument of Delegation come into force on 1 July

2010, after the affixing of the common seal of Council to the Instrument of Delegation and the dating of that document, and the Council authorises and directs those actions;

12.1.3 The powers and discretions of the Council which are delegated in the

Instrument of Delegation are subject to and must be exercised in accordance with any requirements, limits and restrictions set out in the Instrument of Delegation;

12.1.4 The delegations set out in the Instrument of Delegation remain in force until

the Council resolves to vary or revoke same.

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Motion That Council resolves: 12.1.1 Pursuant to the powers conferred by section 58A of the Food Act 1984 the

Council delegates to its officers and members of staff in the manner and to the extent specified in the Instrument of Delegation presented to this Council meeting and attached to this resolution (“Instrument of Delegation”) the powers and discretions conferred on Council under the relevant provisions of the Act also specified in the Instrument of Delegation;

12.1.2 The delegations in the Instrument of Delegation come into force on 1 July

2010, after the affixing of the common seal of Council to the Instrument of Delegation and the dating of that document, and the Council authorises and directs those actions;

12.1.3 The powers and discretions of the Council which are delegated in the

Instrument of Delegation are subject to and must be exercised in accordance with any requirements, limits and restrictions set out in the Instrument of Delegation;

12.1.4 The delegations set out in the Instrument of Delegation remain in force until

the Council resolves to vary or revoke same. Moved: Cr Bill McClenaghan Seconded: Cr Tim Hayes Carried.

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Page 132

Food Act 1984

INSTRUMENT OF DELEGATION

In exercise of the power conferred by section 58A of the Food Act 1984 (“the Act”), the Hepburn Shire Council -

1. delegates the powers and discretions of the Council under a provision of the Act specified in column 1 of the Table –

(a) to its officers and members of staff for the time being holding or performing the duties of (as the case may be) the offices or positions specified opposite the provision in column 3 of the Table;

(b) subject to any limitations specified opposite the provision in column 4 of the Table;

AND declares that

2. this instrument of delegation -

2.1. comes into force on 1 July 2010;

2.2. remains in force until varied or revoked; and

3. A power or discretion delegated under this instrument is subject to a condition that it is exercised in accordance with any direction, guideline or policy which the Chief Executive Officer or Council from time to time makes or adopts;

4. in this instrument of delegation -

“Authorized officer” means an authorized officer appointed for the purposes of the Food Act 1984 under section 224(1) of the Local Government Act 1989;

“CEO” means the Chief Executive Officer of the Council;

“EHO” means an environmental health officer appointed under section 29 of the Public Health and Wellbeing Act 2008;

“Table” means the Table in the Schedule to this instrument of delegation;

5. in this instrument of delegation the descriptions in column 2 opposite a provision are for ease of reference only, and do not affect the interpretation of, or limit, the delegation of the powers in this instrument.

The COMMON SEAL of the HEPBURN SHIRE COUNCIL was affixed in the presence of ______________________________ : Mayor ______________________________ : Chief Executive Officer This _________ day of June 2010

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SCHEDULE

TABLE

FOOD ACT 1984

Provision Thing Delegated Delegate(s) Conditions

s.19(1) and (2)

Order directing premises be cleaned, or steps taken to ensure food is safe etc, on being satisfied about unsatisfactory nature of the premises or food

Senior Environmental Health Officer (SEHO)

Environmental Health Officer (EHO)

s.19(4)(a) Direct that a copy of order made under section 19(3)(a) or (3)(b) be affixed to premises, and/or publish a notice in a newspaper or other means, informing the public about the order

SEHO

EHO

s.19(4)(b) Notify the department of order under section 19(3)(a) or (b) made by a council or CEO

SEHO

EHO

s.19(4)(c) Notify other registration authority of an order made under section 19(3)(a) or (b)

SEHO

EHO

s.19(6) Revocation of order when defects remedied by proprietor

SEHO

EHO

s.19CB(4)(b) Require proprietor to provide copy of minimum records within the time specified

SEHO

EHO

s.19E(1)(d) Require copy of food safety program for the premises within the time specified

SEHO

EHO

s.19GB Require written details of the name and qualifications of the current food safety supervisor for the premises within 7 days of being asked in writing to do so

SEHO

EHO

s.19H(4)(b) and (5)

Specify the range of frequencies and intervals for assessment or audit that may be applied to a specific premises, instead of the default requirements

SEHO

EHO

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s.19I Conduct of food safety assessment

SEHO

EHO

s.19IA(1) & (2)

Take certain actions where deficiencies are identified in a food safety assessment by registration authority

SEHO

EHO

s.19NA Request copies of reports prepared by food safety auditor from proprietor of a food premises

SEHO

EHO

s.19UA(1), (3) and (4)

Charge a fee to a specific proprietor of a food premises with a poor compliance history, for conducting an additional food safety assessment or inspection (other than those that are required under the Act or declaration)

SEHO

EHO

s.19W(1) & (2)

Direction concerning compliance with food safety requirements

SEHO

EHO

s.19W(3) Direction concerning staff training SEHO

EHO

s.38(3) Consult secretary about proposed exemption of class of food premises from registration requirements

SEHO

EHO

s.38AA(4) & (5)

Determination of a notification SEHO

EHO

s.38A(4) Request completed standard food safety program from proprietor

SEHO

EHO

s.38B (other than paragraph (c) of subsection (1))

Decision as to whether to register or transfer registration, and things that must be done before making this decision (other than inspection)

SEHO

EHO

s.38B(1)(c) Inspection of premises prior to registration or transfer of registration

SEHO

EHO

s.38D (other than paragraph (b) of sub-section (1))

Decision as to whether to renew registration, and things that must be done before making this decision (other than inspect premises)

SEHO

EHO

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s.38D(1)(b) and s.39(2)

Carry out an annual inspection of a food premises (where required) before the registration of the premises is renewed

SEHO

EHO

s.38E Conditional registration powers SEHO

EHO

s.38F(3) Matters relating to change of operations that may affect the classification of a premises

SEHO

EHO

s.39A(1), (2) & (3)

Register, renew or transfer registration despite minor defects

SEHO

EHO

s.40(1) Provide a certificate of registration SEHO

EHO

s.40(2) Incorporate certificate of registration in one document with any certificate of registration to be issued under Public Health & Wellbeing Act

SEHO

EHO

s.40C(2) Grant or renew the registration of a food premises for a period of less than 1 year at request of proprietor

SEHO

EHO

s.40D Revoke or suspend the registration of a food premises

CEO

SEHO

EHO

s.43(3) Provide access to registration information about a particular premises to a person on request

SEHO

EHO

s.46(5) Institution of certain proceedings SEHO

EHO

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13 INFRASTRUCTURE: See Confidential Items.

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14 COUNCIL SECTION 86 AND ADVISORY COMMITTEES 14.1 SECTION 86 AND ADVISORY COMMITTEE UPDATE (A/O – General Manager Corporate Services) File Ref: Various Introduction Section 86 Committee and Advisory Committee Minutes are tabled for noting. At the Ordinary Meeting of Council, a resolution was passed requesting a report on any outstanding minutes and attachments for Section 86 Committees. This information is also contained in the report below. Report Please see listed below the minutes of Section 86 and Advisory Committees for your information which have been forwarded to Councillors under separate cover. Minutes of the Clunes Museum Committee meeting 8 February 2010 and 12 April

File No: 1/2570/00036 (12986R) DOC/10/29743 Minutes of the Lyonville Community Hall Committee 24 February, 24 March, 28

April, 26 May 2010 File No: 4/0960/00600 (101806R) In conducting a review of Section 86 Committees compliance with governance requirements it was found that only half the committees have submitted audited accounts for the year ended 30 June 2009. Previous delegations allowed S86 Committees to arrange their own audit. As part of the new delegations and guidelines, the requirement was changed to assist S86 Committees by Council arranging audits. To remedy this situation the following action has been taken: 1) All S86 Committees will be contacted and asked to provide accounts for the year

ended 30 June 2009 2) Council will organise for these accounts to be audited by a qualified auditor. 3) Training for Treasurers will be organised at Council’s offices The majority of Committees hold and report on regular meetings, however there are a number of Committees that are either not holding regular meetings or are failing to submit minutes. In particular the following Committees have in many cases not forwarded minutes or not in a timely manner.

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Doug Lindsay Recreation Reserve Clunes Town Hall Creswick Museum Clunes Community Centre Clunes Community Housing Dean Recreation Reserve The majority of Committees have appointed office bearers at their first meeting since re-appointment and have notified Council of these appointments. There is no record of an AGM being held in 2009 for the following committees: Doug Lindsay Recreation Reserve Clunes Town Hall Lyonville Hall Glenlyon Recreation Reserve Clunes Community Centre Clunes Community Housing Dean Recreation Reserve It may be that a number of Committees did not hold AGMs in 2009 due to timing of re-appointments. In many cases there was some confusion around the status and responsibilities of the previous Committee members and transition. A summary of this review can be found in Attachment 9. Relevant Policies Nil Community Engagement Members of the community are represented on these committees. Financial Implications

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Recommendation That Council 14.1.1 note the Minutes of the Committees listed above which have been distributed

under separate cover; and 14.1.2 note the report on outstanding minutes and attachments for Section 86

Committees. Motion That Council 14.1.1 note the Minutes of the Committees listed above which have been distributed


Committees. Moved: Cr Rod May Seconded: Cr Tim Hayes Amend Motion to add the following words: “14.1.3 That a further report come to Council in 3 (three) months on progress made. “ Moved: Cr Bill McClenaghan Seconded: Cr Don Henderson Amendment carried.

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Amended Motion That Council 14.1.1 note the Minutes of the Committees listed above which have been distributed


Committees. 14.1.3 That a further report come to Council in 3 (three) months on progress made. Carried.

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Page 142

Section 86 Committee

Meeting Dates advised for 2010

Time Minutes Received

AGM 2009

Audited 30 June 2009

Doug Lindsay Recreation Reserve 2/4015/00100 200229R

3rd Tuesday of the Month Now changed to 3rd Wednesday of the Month

8.00pm 24/06/2009 19/01/2010

No minutes received

Not audited

Clunes Town Hall 1/0320/00098 12802R

2nd Thursday every second month 11 Feb, 8 April, 10 June, 12 August, 14 October, 8 December

8.00pm 13/08/2009 26/02/2010

No minutes received

Audited accounts received.

Drummond Hall 5/2105/00400 200194

Last Friday of the Month 26 Feb, 28 May, 27 Aug (AGM) 26 Nov

8.00pm 28/08/2009 04/12/2009 February 2010

28 August Audited accounts received

Creswick InfoLink 22/15/02

4th Thursday every second month 25 March, 27 May, 22 July, 23 Sept, 25 Nov

5.00pm 31/07/2009 09/09/2009 24/09/2009 26/11/2009 28/01/2010

31 July Not audited

Clunes Museum 1/2570/00036 12986R

2nd Monday every second month 8 Feb, 5 April, 7 June, 11 Oct, 6 Dec

Feb/April/Dec 8.00pm June/Oct 7.30pm

20/07/2009 14/08/2009 02/11/2009 08/02/2010 12/04/2010

14 August Audited accounts received

Creswick Museum 2/7350/02046 12080R 2/6440/02296 12743R

First Monday of the month: 1 Feb, 1 March, 5 April, 3 May, 7 June 5 July, 2 Aug, 6 Sept, 4 Oct, 1 Nov, 6 Dec

4.30pm 07/12/2009 Sept 2009 Audited accounts received

Lyonville Hall 4/0860/00600 101806R

Last Wednesday of the month

7pm 12/10/2009 09/12/2009 20/01/2010

No minutes received

Audited accounts received

Glenlyon Recreation Reserve 5/6810/00800 200140R

Meetings as required 25/05/2009 20/01/2010 24/02/2010 03/03/2010

No minutes received

Not audited

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Section 86 Committee

Date Time Minutes Received

AGM Last reported balance / Audited 30 June 2009

Clunes Community Centre 1/0180/10000 12802R

2nd Monday every 3 months. Feb, Aug and November

8pm 08/02/2010 No record Not audited

Clunes Community Housing 1/2570/00016 12970R

Meeting as required No minutes received

Included in Councils accounts and therefore part of our Audit

Creswick Museum 2/7350/02046 12080R 2/6440/02296 12743R

First Monday of the month: 1 Feb, 1 March, 5 April, 3 May, 7 June 5 July, 2 Aug, 6 Sept, 4 Oct, 1 Nov, 6 Dec

4.30pm 07/12/2009 Sept 2009 Audited

Lyonville Hall 4/0860/00600 101806R

Last Wednesday of the month

7pm 12/10/2009 09/12/2009 20/01/2010

No minutes received

Audited accounts received

Dean Recreation Reserve3/1915/05331 11162R

Every 3rd Thursday every second month 18 March, 20 May, 15 July, 12 Aug (AGM) 21 Oct

7.30pm No minutes received

No minutes received

Not audited

Lee Medlyn Home of Bottles 1/0320/00070 13338R

1st Wednesday of each month

3.00pm 04/03/2009 06/05/2009 03/06/2009 01/07/2009 05/08/2009 02/09/2009 07/10/2009 04/11/2009 02/12/2009 03/02/2010 14/04/2010

5 August Audited accounts not on file.

Campbelltown School Grounds 1/0425/00089 200162

To be confirmed. Have not had a meeting since re-appointment. Required to meet once a year.

TBC No minutes received

No minutes received

Not audited

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14.2 HERITAGE ADVISORY COMMITTEE RECOMMENDATIONS (Action Officer – General Manager Sustainable Development) Introduction This report presents for Council’s consideration the recommendations of the Heritage Advisory Committee from meetings held through 2009. Background Minutes and recommendation of Council Advisory Committees need to be incorporated in the Council process. The nominated procedure to achieve this integration will be the presentation of recommendations of the Advisory Committees to Council at its Ordinary Meeting and the attachment of Minutes for reference. The report will contain the details of the Advisory Committee meeting date, members, recommendations as well as any necessary supporting information. The 2009 meetings have been included in this first report. Minutes for these meeting have been previously sent under separate cover. Meeting Dates 20 February 2009 5 May 2009 26 June 2009 8 September 2009 Members Councillor (Chair) Cr Don Henderson Members and attendees Cr Bill McClenaghan Ina Bertrand Karen Byrnes Valda Catrice Patricia Cook David Endacott Gael Elliott Margaret Fullwood David Henderson Richard Hutton Elizabeth McInerney Les Pitt Tony Redmond Support Officer(s) GM Sustainable Development Manager Planning Recommendations and Action Status from Meetings Many recommendations have either been actioned or will naturally form part of processes for projects such as the Streetscape Revitalisation process or the Municipal

Page 145


Strategic Statement. A breakdown of the recommendations and action status is provided. Meeting Date Motion Action/ Status 20 Feb 2009 Nil Motions 5 May 2009

Motion 1 That the Executive Officer of the Heritage Advisory Committee provides the Committee with Heritage Overlay Maps and the Proforma used by the Heritage Advisor on seeking listing of item/s of heritage significance into the Heritage Overlay.

Motion 1 In progress

Motion 2 That the Heritage Advisory Committee receive a whole listing of the Significant Tree Register, media articles and other historical matters associated with the Register.

Motion 2 Regular Significant Tree Register progress is provided to the meeting by the Meeting Planner.

Motion 3 That the Heritage Advisory Committee advises Council that solid evidence produced of historic/heritage names to be applied to naming of streets across Hepburn Shire.

Motion 3 The Infrastructure Department will consult with the Heritage Advisor on any future street name changes.

26 June 2009

Motion 1 The Heritage Advisory Committee recommends to Council that future projects to revitalize streetscapes in major townships of Daylesford, Hepburn Springs, Creswick, Clunes and Trentham be referred to the Committee for comments prior to decision being made on each project.

Motion 1 This will form part of the consultation process of the Streetscape Revitalisation.

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Motion 2 The Heritage Advisory Committee recommends to Council that any proposed removal of existing bluestone pavements that form part of streetscapes in major townships of Daylesford, Hepburn Springs, Creswick, Clunes and Trentham be referred to the Committee for comments prior to works commencing.

Motion 2 This will form part of the consultation process of the Streetscape Revitalisation.

Motion 3 The Heritage Advisory Committee recommends to Council that any proposed removal of trees of heritage significance in major townships of Daylesford, Hepburn Springs, Creswick, Clunes and Trentham to be referred to the Committee for comments prior to works commencing.

Motion 3 This will form part of the process in the significant tree register which the Heritage Advisory Committee will be consulted on.

8 Sept 2009

Motion 1 Recommendation that Council include the Heritage Advisory Committee in any future township studies.

Motion 1 This will form part of the consultation process of the any future township studies.

Motion 2 Recommend Council accept the resignation of Peter Horsburgh and write to him to thank him for his contribution to the Heritage Advisory Committee. Nominate Ina Bertrand as the Heritage Advisory Committee representative to join the Culture and Arts Advisory Committee. Call for Nominations - Two (2) New Committee Members

Motion 2 Completed

Motion 3 Recommend that Council should

Motion 3 Completed

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advertise for two new Heritage Advisory Committee members.

Motion 4 Recommend that Council should retrieve the Rotunda (Old Rotunda at Lake Daylesford – Central Springs Reserve) from private ownership for construction purposes.

Motion 4 Initial investigation has determined that elements of the Rotunda are available, but that substantial elements are missing. Further investigation needs to be done on this item. A further report will be provided on this item.

Relevant Policies 53. Complete a significant tree register and enable appropriate protection through the

Hepburn Planning Scheme Community Engagement Members of the community, historical societies and Museums are on these committees. Financial Implications There are no financial implications in Council at this stage. Outcomes of the investigation into the Rotunda may have financial implication. Recommendation That Council: 14.2.1 Note and accept the recommendations of the Heritage Advisory Committee

from meetings held on 20 February 2009, 5 May 2009, 26 June 2009 and 8 September 2009 (Motions 1-3 only);

14.2.2 Agree that further investigation be undertaken on retrieving the Rotunda (Old

Rotunda at Lake Daylesford – Central Springs Reserve) from private ownership for construction purposes.

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Motion That Council: 14.2.1 Note and accept the recommendations of the Heritage Advisory Committee

from meetings held on 20 February 2009, 5 May 2009, 26 June 2009 and 8 September 2009 (Motions 1-3 only);

14.2.2 Agree that further investigation be undertaken on retrieving the Rotunda (Old

Rotunda at Lake Daylesford – Central Springs Reserve) from private ownership for construction purposes.

Moved: Cr Tim Hayes Seconded: Cr Rod May Carried.

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15. CONFIDENTIAL ITEMS 15.1 CLOSURE OF MEETING TO THE PUBLIC That pursuant to the provisions of Section 89(2) of the Local Government Act 1989, the meeting be closed to the public in order to consider: 89(2) Any other matter which the Council or Special Committee considers would prejudice the Council or any person. Recommendation 15.1.1 That the meeting be closed to members of the public under Section 89(2) of the

Local Government Act 1989, specifically the following sub-section: 89(2)(h) Any other matter which the Council or Special Committee considers

would prejudice the Council or any person. To consider Tender H220-2010 Operation of Recycling Sorting Facility, Tender

221-2010 Kerbside Recycling Collection Service, Tender H222-2010 Kerbside Waste Collection Service, Tender 223-2010 Public Litter Bin Collection Service.

Recommendation 15.1.1 That the meeting be closed to members of the public under Section 89(2) of the

Local Government Act 1989, specifically the following sub-section: 89(2)(h) Any other matter which the Council or Special Committee considers

would prejudice the Council or any person. To consider Tender H220-2010 Operation of Recycling Sorting Facility, Tender

221-2010 Kerbside Recycling Collection Service, Tender H222-2010 Kerbside Waste Collection Service, Tender 223-2010 Public Litter Bin Collection Service.

Moved: Cr Tim Hayes Seconded: Cr Jon Barrell Carried.

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16. RE-OPENING OF MEETING TO PUBLIC Recommendation 16.1.1 That Council having considered the confidential items, re-opens the Meeting to

members of the public. Motion 16.1.1 That Council having considered the confidential items, re-opens the Meeting to

members of the public. Moved: Cr Sebastian Klein Seconded: Cr Rod May Carried.

17. CLOSE OF MEETING The Meeting closed at 11.20pm.

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draft minutes confidential ordinary meeting of council 15

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