minutes of the ordinary meeting of the · pdf fileopening prayer: the prayer and ......

MINUTES OF THE ORDINARY MEETING OF THE CENTRAL GOLD FIELDS SHIRE COUNCIL, HELD IN THE COMMUNITY HUB, 48 BURNS STREET MARYBOROUGH

ON TUESDAY 24 JANUARY, 2017, COMMENCING AT 6.00PM PRESENT: Crs G. Lovett (Mayor), H. Broad, B. Henderson, W. McIvor, C.

Meddows-Taylor, G. Murphy & P. Nixon Chief Executive Officer

Acting General Manager Corporate & Community Services General Manager Technical Services

General Manager Go Goldfields Executive Assistant

APOLOGIES: Manager Governance

OPENING PRAYER:

The prayer and acknowledgement of the traditional owners of the land was read by the Mayor.

CONFIRMATION OF MINUTES

Henderson McIvor That the minutes of the Ordinary Meeting hel d on 20 th

December, 2016 and the In Committee Meeting held 20 th December, 2016 be taken as read and confirmed.

CARRIED

DECLARATION OF PECUNIARY AND/OR CONFLICTS OF INTERE ST:

Re Item 3.2.1 – Cr Nixon declared a direct conflict of interest in this matter.

Re Item 3.2.1 – Cr Lovett declared an indirect conflict of interest in this matter.

Re Item 3.2.2 – Cr Murphy declared an indirect conflict of interest in this matter

MATTERS CONTINUED FROM PREVIOUS MEETING:

NIL

READINGS OF PETITIONS, MEMORIALS, JOINT LETTER AND DEPUTATIONS:

NIL

Ordinary Council Meeting Minutes – 24 th January, 2017

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3.1 COMMUNITY AND CULTURE

3.1.1 TALBOT MARKETS

Author: Manager Governance

Responsible Manager: Acting General Manager Corporate & Community Services

SUMMARY/PURPOSE:

To consider a request from the Talbot Farmers’ Market Committee to enact a Local Law prohibiting dogs from the Talbot Farmers’ Market precinct.

POLICY CONTEXT:

Council Plan Reference: Community and Culture

Strategy Reference: Foster a ‘whole of community’ approach to community safety

BACKGROUND INFORMATION:

Representatives from the Talbot Farmers’ Market Committee (Committee) met with Officers on 10th November, 2016 to discuss the Committee’s desire to prohibit dogs from the market.

Options discussed at the meeting included;

• the inclusion of a clause in Council’s Local Laws that would ban dogs from a specified area on market days, or

• a Committee driven campaign to discourage patrons from bringing their dogs to the market. It was also suggested that there could be a supervised, designated area where dog owners who did bring their dogs along could safely tether their dogs whilst they browsed the market (supervision to be arranged by the Committee).

Council has subsequently received correspondence from the Committee requesting that Council consider enacting a Local Law prohibiting dogs from the Talbot market precinct.

REPORT:

The Committee has resolved that it would like to see the market become a dog free zone. According to the Committee, there have been incidents of dog misbehaviour at the Market, and to address these issues, the Committee’s request is that Council enact a Local Law banning dogs from the Talbot Farmers’ Market precinct.

Whilst the merits of the market being a dog free zone are recognised, the inclusion of a clause in the Local Law is not the only option available to the Committee.


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A clause in Council’s Local Law would only be effective if the market was patrolled and the law enforced. This approach results in a real cost to Council in that a Local Laws Officer would be required, initially at least, to be rostered on to patrol the market and ensure compliance.

Other options that could be tested first include;

1. Promotion and encouragement of responsible dog ownership – i.e., all dogs must be on leashes, and the owners must be in control of their dog at all times, and/or

2. the Committee could place a voluntary moratorium on dogs being brought into the market precinct – with the initiative promoted widely and getting the message out via their networks.

A further complication to the inclusion of a clause in the Local Law is that there are two markets held in Talbot on the 3rd Sunday of each month – the Talbot Farmers’ Market and the Talbot Town Hall Market. The fact that the two markets are distinct and run by separate committees is not necessarily appreciated by the community.

The Talbot Town Hall Market Committee is not in favour of banning dogs from its market, therefore the area that the Committee is seeking to restrict dogs from is Scandinavian Crescent from Ballarat Street to Bell Street and Camp Street from Scandinavian Crescent to Heales Street (see map attached).

Amending Council’s Local Law as requested would create an avenue for confusion in that dogs would be banned from one part of Talbot and not the other (or as the public would see it - one part of the market but not the other). As previously mentioned the two markets, from the public’s perspective, occur seamlessly as one.

CONSULTATION/COMMUNICATION:

The Committee has approached the Town Hall Market Committee to join them in the push for a dog free zone, however the Town Hall Market Committee is not in favour of the initiative and its wish is that the Town Hall Market remain ‘dog friendly’.

RESOURCE IMPLICATIONS:

To amend Council’s existing Local Law to include a clause banning dogs from Talbot Farmer’s Market requires Council to draft the clause, communicate and consult on the draft clause by way of a Public Notice, allow 28 days for submissions, consider any submissions received in response to the Public Notice, resolve to adopt the amendment to the Local Law, and then communicate and make the amended Local Law accessible via advertising, hard copy and website. The Local Laws Officers would then be enabled to enforce the ban on dogs at the market. Rostering Local Laws Officers on Sundays to attend the markets is not currently in Budget.

Should Council support a Committee campaign to simultaneously promote responsible dog ownership and discourage dogs at the Talbot Farmers’ Market rather than an amended Local Law, then Council could support this approach by way of provision and erection of signage and advertising in the weekly Council newspaper ad, website, VIC website etc.


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CONCLUSION:

As mentioned previously the merits of the market being a dog free zone are recognised, however the inclusion of a clause in the Local Law is not the only option available to the Committee. An amendment to the Local Law as requested would impose a cost on Council and, because of the two markets, would confuse the patrons.

ATTACHMENTS:

1. Letter from Talbot Farmers’ Market Committee.

RECOMMENDATION:

That Council advise the Talbot Farmers’ Market Committee that Council’s preference is for the Committee to manage the issue through advocacy, education and public notification. Additionally, Council encourages both market committees to work together to explore common ground, and that the Ward Councillor is available to assist.

Meddows-Taylor Nixon That Council advise the Talbot Farmers’ Market

Committee that Council’s preference is for the Committee to manage the issue of dogs through advocacy, education and public notification. Additionally, Council encourages both market committees to work together to explore common ground, and that the Ward Councillor is available t o assist.

CARRIED


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Cr Nixon, having previously declared a direct confl ict of interest in this matter, left the meeting at 6:11pm

Cr Lovett, having previously declared an indirect c onflict of interest in this matter, explained such conflict and left the meetin g at 6:15pm after requesting that Cr McIvor, being the most recent past Mayor in attendance, take the Chair. 3.2 ECONOMY AND GROWTH

3.2.1 MARYBOROUGH LIONS CLUB MONTHLY MARKET

Author: Events Officer

Responsible General Manager:

Acting General Manager Corporate and Community Services

SUMMARY/PURPOSE:

The Maryborough Lions Club is seeking approval to relocate their monthly market from the Maryborough Harness Racing Complex to Alma Street, Maryborough between Nolan and Inkerman Streets.

POLICY CONTEXT:

Central Goldfields Shire Council Plan 2013-2017

Council Plan Reference: Economy and Growth Strategy Reference: Tourism and events


The Maryborough Lions Club currently hosts a monthly market at the Maryborough Harness Racing Complex on the first Sunday of each month. Due to the increased unsustainable costs associated with the hire of the venue, the Maryborough Lions Club is seeking an alternative location.

REPORT:

The Maryborough Lions Club has expressed their desire to keep the market as close to their newly opened book shop, in the former Coverdales shop in High Street, Maryborough. The Club is seeking approval to hold the market in Alma Street, between Nolan and Inkerman Streets.

The market is proposed to operate on the first Sunday of each month from daylight until 1 pm. Alma Street would have very little impact on traffic flow and the Maryborough Resource Centre would become a focal point of the market, along with Phillips Gardens.

This report recommends support in principle subject to relevant Local Laws and Planning permissions.


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Timelines:

The Maryborough Lions Club proposes to host the first market in Alma Street Maryborough on Sunday 5th March 2017.


The Maryborough Lions Club has consulted widely, including with the following groups:

• Goldfields Business Group - Bronwen Haywood • Businesses within the CBD • Carisbrook Lions Club • Emergency Services

Following the above mentioned consultation, Council has received a letter from each of the following;

1. Nolan Street Traders who would like the market to be held in Nolan Street,

2. The owners of 2 business – 1 in High Street and the other in Nolan Street - suggesting that the market be held away from the CBD in either Station Domain Maryborough or Market Square Carisbrook (Attachment B)

President of Maryborough Lions Club Mr Trevor Stevens has requested to address Council. Refer attachment 1.


There are no direct resource implications for the Central Goldfields Shire Council. However, the Lions Club would like to borrow signs and bins for the event. The Lions Club will develop the relevant traffic management plan and obtain the qualifications to apply the traffic management plan.

CONCLUSION:

The proposed market will be the full responsibility of the Maryborough Lions Club. They will be the event organiser and take full control of managing, promotion, set-up, and pack-up of the event.

ATTACHMENT:

1. Request to Address Council form

2. Letter from proprietor of Bent Stems/Items of Interest

RECOMMENDATION:

That Council supports the proposed Maryborough Lions market being held in Alma Street, between Nolan and Inkerman Streets, Maryborough subject to compliance with relevant Local Laws and Planning requirements and for a trial period of 12 months.

President of Maryborough Lions Club Mr Trevor Stevens addressed the meeting.


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Henderson McIvor That Council supports the proposed Maryborough

Lions market being held in Alma Street, between Nolan and Inkerman Streets, Maryborough subject to compliance with relevant Local Laws and Planning requirements and for a trial period of 12 months.

MOTION

THE MOTION WAS PUT AND LOST.

Murphy Meddows-Taylor That Council supports the Maryboroug h Lions market

to be held at Station Domain on Burns Street, Maryborough on the first Sunday of each month from 7am to 1pm, subject to compliance with relevant Loc al Laws and Planning requirements and for a trial peri od of 12 months.

CARRIED

Cr. Henderson abstained from voting.

Cr Nixon and Cr Lovett returned to the meeting at 6 :45pm and Cr Lovett resumed the Chair.


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Cr Murphy, having previously declared an indirect c onflict of interest in this matter, left the meeting at 6:45pm

3.2.2 MARYBOROUGH CARAVAN PARK – NEW LEASE

Author: Acting General Manager Corporate and Community Services

SUMMARY/PURPOSE:

The purpose of this report is to seek Council approval to negotiate a new Crown Land Lease with the current Lessees, for the operation and management of the Maryborough Caravan Park

POLICY CONTEXT:

A Council tenure of a Caravan Park is seen as providing an important community facility in the context of:

• Economy and Growth – supporting economic activity together with maintaining and growing visitation.


Council has used a lease under the Crown Land Reserves Act for the operation of the Maryborough Caravan Park, 7-9 Holyrood Street Maryborough. The current Lessees are Daniel and Lisa Miller. This lease was originally executed in 2002 and is due to expire on the 28 February, 2023. Within the Lease there is a multitude of 3 year terms which provide the Lessee with the ability to exercise options.

There has been a succession of operators during the period of this current Lease. The current operators who took up tenure in 2009 have a current option which expires on the 28 February, 2017. The operators are seeking to surrender the existing lease and put in place a new arrangement which would see a new 21 year tenure.

REPORT:

The operators of the Caravan Park have made a written request to renew the lease for a period of 21 years in lieu of exercising the current option.

Council was required to put a case, through the Department of Environment, Land Water & Planning (DELWP) to the Minister for Environment, Climate Change and Water to seek approval to deal directly with the current lessees as opposed to going through a public tender process for a new lease.

The submission highlighted that a highly patronised caravan park is an important stimulus for the local economy, which is critical for Maryborough. The current tenants have reported that patronage has increased by 25% since they took up the lease in 2008 and that they have invested over $150k into capital works since 2010. The current tenants are also intending to undertake further capital works with the installation of new cabins and upgrade of the amenities block if a new lease is issued. Of note is that there


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has been no evidence of other individuals or entities seeking to manage the caravan park.

DELWP subsequently advised that the Minister’s delegate was satisfied that CGSC had met the criteria to enter into direct negotiations for the issue of a new lease with the current tenants subject to the following conditions being met;

• Public notice of intention to negotiate direct lease

• Business case submission for new lease to existing tenant of Caravan Park to be submitted to DELWP.

The requirement to advertise involves a public notice advising of Council’s intention to enter into a new, 21 year Lease with the current lessees. Any person who may wish to make a submission has 28 days to do so. The current Lease option expires on 28 February but DELWP has advised there is the option for an “over holding” but for not more than 3 months.

Prior to the public notification it is important that Council resolves on the matter.


n/a

CONCLUSION:

The current lessees have been doing a very good job in operating the caravan park. The Park rates highly in the on-line travel guides (4.5 on Travel Advisor, 4.1 on Wiki Camps and 4.7 on their Facebook page) and together with local feedback this provides a strong indication of an effective and efficient level of management.

The Caravan Park is an important accommodation facility for the annual Maryborough Energy Breakthrough event where visitation to the town is in the order of 6000 people. The current operators advise that for this year’s event they accommodated 1300 students on the site.

It is appropriate for Council to deal directly with the current owners to negotiate a new Lease which will include three (3) x seven (7) year terms.

RECOMMENDATION:

That Council agree to negotiate a new long term lease of 21 years with the current Lessees, Mr and Mrs Miller, subject to the consent of the Minister for Environment, Climate Change and Water.


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Nixon Broad That Council agree to negotiate a new long term lea se

of 21 years with the current Lessees, Mr and Mrs Miller, subject to the consent of the Minister for Environment, Climate Change and Water.

CARRIED

Cr Murphy returned to the meeting at 6:50pm


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3.3 BUILT AND NATURAL ENVIRONMENT

3.3.1 REVIEW OF ROAD MANAGEMENT PLAN

Author: General Manager Technical Services

SUMMARY/PURPOSE:

To commence the process to review of the Road Management Plan as required by Section 54(5) of the Road Management Act 1989 and the Road Management (General) Regulations 2005.

POLICY CONTEXT:

Relevant section in the Road Management Act:

Section 50 - Purposes of a road management plan:

The purposes of a road management plan are having regard to the principal object of road management and the works and infrastructure management principles

(a) to establish a management system for the road management functions of a road authority which is based on policy and operational objectives and available resources; and

(b) to set the relevant standard in relation to the discharge of duties in the performance

Relevant section in the Council Plan:

Urban and Rural Services: Maintain the Council’s major asset categories – such as roads, bridges, footpaths, kerb & channel, drainage and buildings to meet defined service levels including standards in accordance with Council’s Asset Management Plan.


Section 54(5) of the Road Management Act 1989 makes it a requirement for a Council to review it’s Road Management Plan. Section 3(b) of the Road Management (General) Regulations 2005 make it necessary for a new Council to review the Plan within 6 months of being elected or 30th June whichever is later.

Council reviewed and amended the Road Management Plan in 2015 to bring road dimensions in line with Infrastructure Design Manual (manual developed and used by 44 regional Councils in Victoria) and raise a section of Moores Flat Road to a RA2 Classification.

Councillors will be familiar with the Road Management Plan which is the overriding document that underpins the maintenance of Council’s road network.

The Central Goldfields Shire’s Road Management Plan has been in existence since 2005 and has been put out for public comment several times, the last time being in June 2015.


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Council is responsible for 1,167 km of roads. This is made up of 505 km of sealed roads and 758 km of unsealed roads of which 170 km is actively graded and the 588 km of tracks and unmade road reserves receive very minor maintenance. To support these roads 101 bridges and 145 major culverts are located throughout the shire. Council is responsible for 67 km of footpaths of which 52 km are concrete; the balance are brick, asphalt or gravel.

Council is required to produce a Road Management Plan under the Road Management Act 2004. The Road Management Plan is a declaration by Council of its proposed standards for servicing roads and footpaths. The plan applies to Council roads not VicRoads roads. Whilst Council maintains its service levels within the prescribed limits it is protected in law from claims of negligence with regard to the maintenance standards.

The Road Management Plan is an overriding document intended for public reference and compliance with the requirements of the Road Management Act 2004. It provides the community with an overview of Council’s systems and practices in relation to the management of the “local” public road network and includes a map of the road hierarchy.

It is important that the community has the opportunity to have input into the maintenance standards and community consultation is sort each time the Road Management Plan is reviewed.

REPORT:

The Road Management Plan was reviewed in 2015 with some minor variation required at the time and one change as a result of a submission received. The Act requires a review every 4 years. Central Goldfields Shire has averaged a review every 2 years.

To meet the requirements of the Road Management Act 1989, it will need to again be reviewed including seeking public input in accordance with Section 223 of the Local Government Act 1989 which requires:

• a public notice to be placed

• a period of no less than 28 days for submissions

• provide an opportunity for those that wish to be heard to appear before Council or Special Committee.


It is proposed that a public notice be placed in local papers advising the Road Management Plan is being reviewed and seeking submissions.

If there is demand, meetings can be arranged to present and discuss the plan.


This function will be undertaken within existing staff resources and budgets.


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CONCLUSION:

There is a statutory requirement to meet certain times with the review of the Road Management Plan. The plan has been kept current and has on average been reviewed every 2 years.

It is proposed the plan be advertised and feedback sought from the community.

RECOMMENDATION:

That the Road Management Plan review be advertised by public notice in local papers and comments from the community be sought as per Section 223 of the Local Government Act 1989.

McIvor Murphy That the Road Management Plan review be advertised

by public notice in local papers and comments from the community be sought as per Section 223 of the Local Government Act 1989.

CARRIED


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3.3.2 TALBOT URBAN DESIGN GUIDELINES

Author: Manager Planning


General Manager Technical Services

SUMMARY/PURPOSE:

The purpose of this report is to seek Council approval for the final draft copy of the report “Talbot Urban Design Guidelines” be put on public exhibition for community comment.

POLICY CONTEXT:

Council Plan Reference: The theme of Built and Natural environment includes strategic land use in order to achieve outcomes in planning and policy activities to create environments that support public wellbeing and economic success. This report introduces the final version of the Talbot Urban Design Guidelines which has been prepared to give certainty and clarity to both Council and it officers and the public on development expectations in regard to Talbot.

Council Policy Reference: The Talbot Urban Design Framework recommends the preparation of Urban Design Guidelines


Council undertook a project to prepare the Talbot Urban Design Framework (UDF) which was completed in October 2009 by Michael Smith and Associates P/L. The UDF involved the community working with Council to develop a sense of direction for the town and its preservation while also encouraging development.

The Talbot township is significant for its built heritage fabric, layout, streetscapes and vistas. It is considered that without adequate controls the town’s unique vistas and character could be lost forever. New development should be sympathetic to the important character and history of the town.

The Talbot UDF identified that development and infill should be sustainable and sympathetic to that of a significant gold mining township. In order to achieve this aim the UDF recommended the preparation of Talbot Urban Design Guidelines to guide future development of the town while preserving its historic integrity.

With funding from Advancing Country Towns, a brief was circulated and consultant, Michael Smith and Associates P/L was chosen to prepare the Guidelines.


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The process of preparation of the document included an inception meeting with Council staff, township tour with Council officers and community members, analysis of township and built form by consultants and preparation of draft documents reviewed by Council officers and community members.

REPORT:

The scope of the Talbot Urban Design Guidelines project was to prepare infill development guidelines to assist in retaining the heritage, visual amenity and rural character of the township.

It was a requirement that the finished document include reference to various elements including roof and facade articulation, style, character, building massing and side and front setbacks, existing vegetation, materials, surfaces, colours and textures.

The design guidelines encourage the use of contemporary form and materials, rather than just copying or mimic heritage elements and form. They also identify that adequate front and side setbacks to residential and commercial properties is vital to maintaining the visual permeability which exists particularly to key vistas such as Soldiers Memorial Park, Camp Street, Scandinavian Crescent, the Primary School, ANA Hall and the former Town Hall building.

The Talbot Urban Design Guidelines have been prepared and the final report, which is fairly technical in nature, is attached for review by Council. A copy of this document is included as Attachment 1.

The consultant brief included the preparation of a brochure or similar, which shows the community and residents the basic approaches to infill and extensions. The brochure which is a more easily digestible document which is proposed to be used as a guide for the community when preparing plans for development. This document is being finalised by the consultant and will be tabled.

The attached document is considered to meet the project brief by detailing various relevant urban design principles and setting performance criteria. The principles and performance criteria will be used by designers and Council planners to establish compliance with the guidelines. Any plans prepared in accordance with the guidelines would be considered appropriate in design and most likely be viewed favourably when application for planning permit is received.

It is likely that a future planning scheme review would consider further implementation options such as a Design and Development Overlay which would reference the document and require development to adhere to the guidelines.


An advertisement was placed in the Talbot Today Tomorrow calling for expressions of interest for community reference members for the Talbot Urban Design Guidelines project. One community member contacted Council as a result of the advertisement and that community member was involved in targeted community consultation.

Targeted community consultation occurred during the development and preparation of the report and the consultants undertook a walking tour of the township with community members.


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Targeted consultation also occurred (by invitation to all members of past Talbot UDF steering committee and community members who responded to advertisement for EOI for Guidelines) at a community meeting held 12th November, 2015 at Talbot. At this meeting the consultants gave an overview of the draft document and accepted comment from community members as well as general discussion about the proposed principles of urban design to be included in the final report.

The consultation to date has been aimed at developing the document. It is proposed in this report to put the Talbot Urban Design Guidelines out for broad public comment.


Nil

CONCLUSION:

Council have received the final draft version of the Talbot Urban Design Guidelines Report and brochure which is intended to be used to guide planners and the public when preparing and assessing planning applications for development in the Talbot township. It is proposed that having finalised a final draft, that this be put out for public comment. This will involve council seeking feedback on the guidelines from the community.

ATTACHMENTS:

1. Talbot Urban Design Guidelines

2. Talbot Urban Design Guidelines Brochure

RECOMMENDATION:

That council approve the release of the final draft “Talbot Urban Design Guidelines” for public comment and review.

Meddows-Taylor Nixon That council approve the release of the final draft

“Talbot Urban Design Guidelines” for public comment and review.

CARRIED


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3.4 PROCESSES AND GOVERNANCE

3.4.1 ASSEMBLIES OF COUNCILLORS 10/5/20

Author: Chief Executive Officer

SUMMARY/PURPOSE:

The purpose of this report is to provide the record of any assembly of Councillors, which has been held since the last Council Meeting, so that it can be recorded in the Minutes of the formal Council Meeting.

POLICY CONTEXT:

An amendment to the Local Government Act 1989, which came into effect on September 24, 2010, requires the record of any assembly of Councillors to be reported to the next practicable Council Meeting and recorded in the Minutes.


The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed.

A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is:

1. A planned or scheduled meeting that includes at least half the Councillors (4) and a member of Council staff; or

2. an advisory committee of the Council where one or more Councillors are present.

The requirement for reporting provides increased transparency and the opportunity for Councillors to check the record, particularly the declarations of conflict of interest.

REPORT:

Outlined below are the details of Assemblies of Councillors since the last meeting:


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1. Type of Assembly: Council Workshop Session

Date of Assembly: 19th December, 2016

Attendees: Crs Geoff Lovett, Bob Henderson, Wendy McIvor, Chris Meddows-Taylor, Gerard Murphy & Paula Nixon

Mark Johnston, Marita Turner & Terry Bramham

Apologies: Helen Broad

Items Discussed • Conflict of Interest

Conflict of Interest Disclosures

- Item - Nil

- Conflict of Interest - Nil

- Name of person (leaving the Assembly ) - Nil


Date of Assembly: 20th December, 2016

Attendees: Crs Geoff Lovett, Helen Broad, Bob Henderson, Wendy McIvor, Chris Meddows-Taylor & Gerard Murphy

Mark Johnston, Jan Boynton, David Sutcliffe, Sharon Fraser & Marita Turner

Apologies: Cr Paula Nixon

Items Discussed • Consideration of Ordinary Meeting Agenda

• Maryborough Lions Club Monthly Market

• Planning Permit Application 147/16

• Planning Permit Application 154/16

• Betley Mechanic’s Institute Reserve

• Transparency of Local Government Decision Making

• Operational Matters


- Item - Planning Permit Application 154/16

- Conflict of Interest - Impact on Residential Amenity

- Name of person (leaving the Assembly ) - Cr Chris-Meddows-Taylor


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Date of Assembly: 17th January, 2017

Attendees: Crs Geoff Lovett, Helen Broad, Bob Henderson, Wendy McIvor, Chris Meddows-Taylor, Gerard Murphy & Paula Nixon

Mark Johnston, Jan Boynton, David Sutcliffe, Marita Turner, Barry Secombe (for item 3), Martin Mark (for item 3)

Apologies: Sharon Fraser

Items Discussed • Australia Day Awards

• Talbot Farmers’ Market

• Active Recreation Grounds/Pavilions Management and Maintenance Policy

• Murray Basin Rail Project

• Maryborough Lions Club Monthly Market

• Maryborough Caravan Park

• Road Management Plan

• Rate Capping

• Recording of Council Meetings

• Operational Matters


- Item - Maryborough Lions Club Monthly Market

- Conflict of Interest - Indirect Interest

- Name of person (leaving the Assembly ) - Cr. Paula Nixon

- Item - Active Recreation Grounds/Pavilions Management and Maintenance Policy

- Conflict of Interest - Indirect Interest (Office bearer in local organisation)

- Name of person (leaving the Assembly ) - Cr. Gerard Murphy (on two occasions)

- Item - Maryborough Caravan Park

- Conflict of Interest - Indirect Interest

- Name of person (leaving the Assembly ) - Cr. Gerard Murphy


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RECOMMENDATION:

That Council endorse the record of assemblies of Councillors as outlined in this report.

McIvor Henderson That Council endorse the record of assemblies of

Councillors as outlined in this report.

CARRIED


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3.4.2 DECEMBER 2016 FINANCIAL REPORTS

Author: Finance Manager


General Manager Corporate and Community Services

SUMMARY/PURPOSE:

Monthly financial reports are presented to Council to show Council’s financial performance and how it is tracking against the adopted (original) budget or mid year (budget review/forecast) budget result.

POLICY CONTEXT:

Action Area: - Processes and Governance


The monthly financial reports comprise the following:

• Operating Statement;

• Statement of Financial Position;

• Statement of Changes in Equity;

• Cash Flow Statement;

• Rate Debtor Information;

• Sundry Debtor Information; and an

• Investment Schedule.

This finance report is provided for the year to 31 December 2016 and does not include results for Council’s Section 86 Committees such as the Tullaroop Leisure Centre and Energy Breakthrough which are consolidated within the annual financial report.

FINANCIAL REPORT

Operating Statement

The operating result for the year as at 31 December was a surplus of $807,882 against budget forecast. Income is over budget by $110,917 or 0.5%, whilst expenditure is under budget by $696,965 or 5.5% for the year to date.

Statement of Financial Position

Council’s equity position has increased from 30 June 2016 due to the levying of Council rates for the 2016-2017 financial year, totaling over $13.58 million excluding Fire Service Property Levy (FSPL) resulting in an increase in current assets.


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Council had a significant creditors balance at 30 June 2016, predominantly consisting of capital works expenditure (over $1 million, including invoices relating to the purchase of a new Grader, Havelock St works, Childcare Centre building works, Road stabilisation works, Clarendon St works, and Burns St asphalting works). These were all paid as part of Council’s weekly payment run processes during July/August.

The creditors balance at 31 December 2016 includes the Fire Service Property Levy, now totaling $0.929 million, this includes the arrears and the levy payable for 2016-2017. Council’s next installment for 2016-2017 is payable to the CFA by 28 March 2017.

Refer to the receivables summary for an explanation for the movement in current receivables. The rest of the movement in current assets is primarily a cash movement.

Statement of Changes in Equity

Council has budgeted to transfer $50,000 into the Unfunded Superannuation Liability reserve, this transfer has not yet occurred.

Cash Flow Statement

The balance of cash and investments as at 31 December 2016 is $6.7 million, which includes $5.5 million in short term deposits.

Future cash flows are being monitored closely to enable completion of scheduled works and meeting recurrent obligations, as well as ensuring surplus funds are invested to generate maximum interest revenue.

Receivables Summary

The Rate Debtor balance at 31 December is $9.258 million (excluding FSPL), which is $0.479 million or 5% higher than this time last year, which is primarily due to the 2.5% increase in rates, and 4% increase in garbage charges.

The percentage of rates arrears to rates income is at 5.9% which is consistent, however slightly higher than the prior year (4.9 % at 31 December 2015).

Those ratepayers with arrears are currently being progressed for additional debt collection action in accordance with Council’s Debt Collection Policy.

The Other Debtors balance totals $445,710, which is consistent with however, is slightly higher than this time last year.

Operating and Cash Flow Budget Amounts

Council’s budget forecast for 2016/2017 has been divided into monthly amounts. Whilst every attempt is made to accurately predict when income and expenditure will occur and phase budgets appropriately, Council should make allowances for ‘ups and downs’ in these monthly allocations throughout the year. This is especially true for receipt of non-recurrent Government grants and completion of capital and large maintenance works which can be planned but not proceed due to weather.

The monthly YTD operating budget forecast amounts should be used to indicate budget position rather than an absolute result for each month.


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CONCLUSION:

The result to the end of December does not highlight any issues for concern or unforeseen variances. Rate Debtor balances will continue to be monitored with debt collection action to be undertaken in accordance with Council’s Debt Collection Policy.

Surplus funds have been invested to ensure interest earnings are maximised, and cash flows are to be monitored closely.

ATTACHMENTS:

1. December 2016 Financial Report

RECOMMENDATION:

That Council note the attached December, 2016 Financial Report showing progress against the budget forecast as presented.

Nixon Henderson That Council note the attached December, 2016

Financial Report showing progress against the budget forecast as presented.

CARRIED


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3.4.3 RATE CAPPING

Author: Chief Executive Officer

SUMMARY/PURPOSE:

For Council to consider the Rate Cap for 2017/18.

POLICY CONTEXT:

Legislation – Local Government Act 1989 (sec. 185D (1)).


Capping rates at CPI figures was part of the Andrews State Government’s 2014 election commitments.

The legislation requires the Minister for Local Government to announce any cap by 31st December in any year to apply to the following financial year(s).

On 22nd December, 2015 the Minister announced the cap, in line with the Melbourne CPI, would be 2.5% for 2016/17. Council subsequently adopted this figure for 2016/17 and applied the same figure across each year of its five year budget.

On 19th December, 2016 the Minister announced the cap for 2017/18 will be 2.0%.

REPORT:

Council staff are preparing a draft 2017/18 budget for Council consideration with the document expected to be ready for presentation by the end of January 2017.

The Essential Services Commission has updated its ‘Fair Go Rates System: Guidance for councils 2017/18‘ document which provides guidance for councils on:

• how to comply with the average rate cap set by the Minister,

• how to apply for a higher cap, and

• the reporting requirements.

Timelines for 2017/18 rating year include:

Minister announces cap(s) By 31st December 2016 Councils seek approval for a higher cap notify the Commission of intention to apply

By 31st January, 2017

Council applies for a higher cap, submits Budget Baseline Information

1 February – 31 May, 2017

Commission assess council application February – July 2017 Commission notifies council of decisions Within 2 months of receipt of application Councils formally adopt budget August 2017


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All councils submit Annual Baseline Information

31 October, 2017

Commission publishes Compliance Report

November 2017

There is a variation application option to the ESC to seek a higher rate increase figure.

The impact of a 2% cap in 2017/18 as opposed to a 2.5% cap is approximately $50,000 which then compounds across the budget document.

The process for seeking a variation can be resource intensive and requires a demonstration of community support for such variation.

Nothwithstanding i) Council’s view opposing the Minister’s power to impose a cap,

ii) the impact of such on infrastructure and services, and

iii) Council yet to consider its Budget,

it is not recommended that Council apply (or give indication to do so by 31/1/17) for a rate cap variation for 2017/18.

Related to this matter, an equally detrimental impact to rate capping on Council/community was the State Government’s simultaneous removal of the Country Roads and Bridges program, taking $1 million per annum from local roads.


Council determination of the matter at this time provides

i) certainty for the community, and

ii) a definite position in preparing the budget.


As determined in the budget process.

RECOMMENDATION:

That

i) with respect to the 2017/18 Budget, Council works within the rate cap set by the Minister for Local Government i.e. a 2% increase for 2017/18, and does not apply to the Essential Services Commission for a variation to such cap, and

ii) Council make representations to State Government regarding enhanced funding to local government, specifically in the areas of Local Roads and Bridges, and, community infrastructure.


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Henderson McIvor That

i) with respect to the 2017/18 Budget, Council works within the rate cap set by the Minister for Local Government i.e. a 2% increase for 2017/18, and does not apply to the Essential Services Commission for a variation to such cap, and

ii) Council make representations to State Government regarding enhanced funding to local government, specifically in the areas of Local Roads and Bridges, and, community infrastructure.

CARRIED


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3.4.4 PUBLIC HOLIDAY (AMENDMENT BILL 2011)

Author: Manager Governance

Responsible Officer : Chief Executive Officer

SUMMARY/PURPOSE:

The purpose of this report is that Council may consider/confirm a public holiday on Melbourne Cup day, or an alternative date in lieu, for 2017.

POLICY CONTEXT:

Council Plan Reference: Processes and Governance


In 2011 the State Government introduced legislation to amend the Public Holidays Act 1993, to restore to regional Councils the ability to make public holiday arrangements for their local communities in lieu of Melbourne Cup Day.

From 2011 Council is able to nominate one full day or two half-day public holidays in one or more parts of the municipality as a substitute for Melbourne Cup Day, if it so chooses.

In effect, this change restored flexibilities that existed in the laws prior to changes made by the Government in 2008.

It should be noted that a Council may nominate a half-day on Melbourne Cup Day itself as one of its two half-day public holidays, if that is its preference.

Those municipalities or areas of a municipality not subject to a substitution arrangement will continue to automatically receive the Melbourne Cup Day public holiday on the first Tuesday in November.

REPORT:

From 2006-2008 Council declared the Monday prior to the Melbourne Cup, being the Maryborough Harness Pacing Cup, as a public holiday.

In 2009 Council resolved not to declare an alternate day and therefore the Tuesday (Melbourne Cup) was the public holiday. This was repeated from 2010 to 2016 inclusive.

With the Melbourne Cup being on Tuesday there can be in effect a ‘4 day long weekend’ created with resultant positive and negative impacts. It is suggested that retaining the Tuesday as a public holiday is more consistent (less confusing) with most of the State.

The ‘Trading’ legislation means that individual entities will still determine when they open etc.


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In 2012 the Maryborough Harness Pacing Cup was transferred to the Sunday prior to Melbourne Cup day and in 2015 and 2016 was a week earlier than that.

Timelines:

Any request for alternative arrangements need to be made to the Minister at least 90 days prior to Melbourne Cup Day. The request needs to specify:

- the area or areas in the municipality subject to the proposed substitute arrangements;

- the nominated day or two half-days in lieu of Melbourne Cup Day; and the reasons for the request.


Council advertised in 2009 inviting the public to express its preference for a public holiday in Central Goldfields Shire on either the first Tuesday in November (Melbourne Cup Day) or some other substituted day. 33 submissions were received, as well as a petition containing 45 signatures.

Ten submissions supported the Monday prior to the first Tuesday in November as the holiday - seven with no reasons given; two in support of the local harness racing cup and one in support of a local long weekend.

23 submissions, as well as the 45 signature petition supported the first Tuesday in November as the Public Holiday. Reasons cited include less confusion for businesses and tourists, allows for social gatherings to watch the Melbourne Cup, and falls into line with surrounding Shires.


No impact on Council’s resources.

CONCLUSION:

The public and businesses of Central Goldfields Shire appear satisfied with the existing arrangement, i.e., the public holiday being the first Tuesday in November. There has been no comment or representation in recent times, accordingly, it is recommended that Council continue to observe the Melbourne Cup public holiday for 2017. A decision at this time enables early public advices and opportunity to plan.

RECOMMENDATION:

That Council continue to observe the Melbourne Cup Day public holiday for 2017.

Nixon Henderson That Council continue to observe the Melbourne Cup

Day public holiday for 2017.

CARRIED


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4. MINUTES FOR ADOPTION/NOTING – Nil

5. DOCUMENTS FOR SEALING – CONFIRMATION

5.1 Contract G1125-2016 - CGSC and Akingstones Pty Ltd

Majorca Road Reconstruction Stage 1

5.2 Contract G1134-2016 - CGSC and Sami Bitumen Technologies Pty Ltd

Annual Supply of Emulsion

5.3 Memorandum of Understanding - CGSC, Sabemo Ltd ATF Sabemo Foundation and Anglicare Victoria

Ltd

Agreement to collaborate to improve outcomes for Children

5.4 Lease of Real Estate - CGSC and The Minister for Education for and on behalf of the Crown

and in right of the State of Victoria

Property - 53 Burns Street, Maryborough

Recommendation

That Council endorse the above documents be signed and sealed by Council.

McIvor Murphy That Council endorse the above documents be signed

and sealed by Council.

CARRIED

6. QUESTION TIME - NIL

7. URGENT BUSINESS OTHERWISE NOT STATED - NIL

8. NOTICE OF MOTION

TAKE NOTICE that I Cr Chris Meddows-Taylor intend to move the motion set out in this notice at a meeting specified hereunder:

Nature of meeting: ORDINARY COUNCIL MEETING

Date of meeting: 24 JANUARY, 2017

Time of meeting: 6:00 PM

Place of meeting: COMMUNITY HUB, 48 BURNS STREET, MARYBOROUGH


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Motion:

I, Councillor Chris Meddows-Taylor hereby give notice that I will be moving a Motion at the Ordinary Council Meeting, 24th January, 2017, that Council endorse the following proposed resolution in relation to the success of Rylan Jardine from Bung Bong who was a VCE student at the Maryborough Education Centre and achieved an Australian Tertiary Admission Rank (ATAR) score of 98.85 which represented the highest score ever obtained at the Maryborough Education Centre.

Proposed Resolution:

Having noted this outstanding achievement, Council resolves to: 1. Congratulate Rylan Jardine on this excellent result and to the obvious

dedication, commitment, planning and effort Rylan contributed to achieve this;

2. Congratulate the Principal and staff of Maryborough Education Centre (MEC) for the fine teaching and encouragement and support to Rylan which made this result possible;

3. Acknowledge the contribution of the Victorian Virtual Learning Network, and the role of Bendigo Senior Secondary College in establishing the Network, which enables rural students to undertake VCE subjects using Virtual technology and processes and enabled Rylan to undertake Specialist Maths and Physics at the VCE level as there were insufficient students at MEC to offer this;

4. Note the extent of media coverage on this achievement including a front-page lead feature in “The Age” on January 18th 2017 under the heading “University offers: the country kid who dreamt big and made history”;

5. Recognise and promote Rylan’s achievement as a real example and inspiration to other students and youth in our Community that the Go Goldfields focus on “aspiring and achieving” delivers and in Rylan’s case will enable him to pursue the university course of his choice – an advanced Bachelor of Science at Monash University and the career he seeks in scientific research;

6. Ask the Go Goldfields Collaborative Table to consider ways which Rylan’s achievements can be used to inspire and encourage others and with Rylan’s support, build a continuing link between Rylan and the youth and students within our Community

7. Advise the Federal and State Ministers of Education of Rylan’s achievements pointing out that due to lack of enrolment numbers Rylan could only undertake VCE Specialist Maths and Physics through a virtual learning network, which although a welcome initiative, does indicate that in the context of Government focus on Science, Technology, Engineering and Maths (STEM) subjects, rural students face a disadvantage if enrolment insufficiency means these subjects cannot be offered at local secondary colleges and Council’s view that this issue should be taken into consideration as new models of school funding are developed and implemented;

8. The CEO advise Rylan; the Principal Maryborough Education Centre; the Victorian Virtual Learning Network and the Federal and State Ministers of Education accordingly.


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Meddows-Taylor Nixon Having noted this outstanding achievement, Co uncil

resolves to: 1. Congratulate Rylan Jardine on this excellent res ult

and to the obvious dedication, commitment, planning and effort Rylan contributed to achieve this;

2. Congratulate the Principal and staff of Maryborough Education Centre (MEC) for the fine teaching and encouragement and support to Rylan which made this result possible;

3. Acknowledge the contribution of the Victorian Virtual Learning Network, and the role of Bendigo Senior Secondary College in establishing the Network, which enables rural students to undertake VCE subjects using Virtual technology and processes and enabled Rylan to undertake Specialist Maths and Physics at the VCE level as there were insufficient students at MEC to offer this;

4. Note the extent of media coverage on this achievement including a front-page lead feature in “The Age” on January 18th 2017 under the heading “University offers: the country kid who dreamt big and made history”;

5. Recognise and promote Rylan’s achievement as a real example and inspiration to other students and youth in our Community that the Go Goldfields focus on “aspiring and achieving” delivers and in Rylan’s case will enable him to pursue the university course of his choice – an advanced Bachelor of Science at Monash University and the career he seeks in scientific research;

6. Ask the Go Goldfields Collaborative Table to consider ways which Rylan’s achievements can be used to inspire and encourage others and with Rylan’s support, build a continuing link between Rylan and the youth and students within our Community

7. Advise the Federal and State Ministers of Education of Rylan’s achievements pointing out that due to lack of enrolment numbers Rylan could only undertake VCE Specialist Maths and Physics through a virtual learning network, which although a welcome initiative, does indicate that in the context of Government focus on Science, Technology, Engineering and Maths (STEM) subjects, rural students face a disadvantage if enrolment insufficiency means these subjects cannot be offered at local secondary colleges and Council’s view that this issue should be taken into consideration as new models of school funding are developed and implemented;


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8. The CEO advise Rylan; the Principal Maryborough Education Centre; the Victorian Virtual Learning Network and the Federal and State Ministers of Education accordingly.

CARRIED

9. IN-COMMITTEE

9.1 Proposed Developments (Section 89 (e) Local Government Act 1989)

Nixon Meddows-Taylor That Council, after adjourning for f ive minutes, go into

committee, that is, close the meeting to the public to allow Council to consider a Contractual Matter in accorda nce with Section 89 (e) Local Government Act 1989.

CARRIED

Meeting adjourned at 7:25pm.

The meeting resumed at 7:30pm

Council then considered the In-Committee matters.

Murphy Meddows-Taylor That Council come out of committee.

CARRIED The meeting closed at 8:43pm CLOSURE

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