Ordinary Council Meeting Wednesday 24 May 2017 at … Administration Centre 40 Robertson Street, ......

Council Meeting Agenda Ordinary Council Meeting Wednesday 24 May 2017 at 7.00pm Gisborne Administration Centre 40 Robertson Street, Gisborne

Public Question Time: Written questions submitted by the public will be considered at 7.45pm. Question forms will be available at the entrance to the meeting room and will be collected at approximately 7.30pm. Recording of Council Meetings: The recording of Council Meetings, either visually or by sound, or the taking of photographs in Council Meetings is not permitted without first obtaining the consent of Council or the Chairperson.

Attachments: All attachments are available for viewing or downloading from Council’s website, mrsc.vic.gov.au

TABLE OF CONTENTS

Page 1 of 2

ITEM SUBJECT PAGE NO.

1.

Prayer 1

2.

Present 1

3. Apologies 1

4. Declaration of Conflicts of Interest

1

5. Mayor’s Report

2

6. Petitions

2

7. Adoption of Minutes

2

8. Record of Assemblies of Councillors

2

9. Deputations and Presentations to Council

6

Persons (applicant and objectors) who have made a submission on a land use and development application to be considered at this meeting may address the Council. The Chairperson will call for submissions in order of the items listed below and submitters will have three minutes only. At the conclusion of each submission, Councillors may wish to ask questions of the submitter.

10. Director Planning and Environment PE.1 68 Knox Road, Romsey rezoning request PE.2 Black Hill Reserve Environmental

Management Plan

7

16

Chief Executive Officer’s Reports CX.1 Health and Wellbeing Advisory Committee –

Appointment of members

CX.2 Hanging Rock Strategic Advisory Committee – Report to Council from Meeting on 1 May 2017

CX.3 Small Community Grant Scheme – Consideration of grant applications

25

30

34

12. Director Corporate Services CS.1 Contracts to be awarded as at 24 May 2017 CS.2 Procurement Policy 2017

CX.3 Audit Committee

38

41

46

13. Director Community Wellbeing

CW.1 Football netball oval lighting projects CW.2 State Government Community Sports

Infrastructure Fund 2018-19

48

52

14.

Assets and Operations Directorate Reports Nil

58

15. Notices of Motion No. 25/2016-17 No 26/2016-17 No 27/2016-17 No 28/2016-17

59 59 60 60

16. Urgent or Other Business

60

17. Confidential Reports Nil

60

18. Division 1A: Conduct and Interests

Reproduced as the concluding pages at the back of Notice Paper

Ordinary Council Meeting – Wednesday, 24 May 2017

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ACKNOWLEDGEMENT OF COUNTRY

To start the official proceedings I would like to acknowledge that Macedon Ranges Shire Council is on Dja Dja Wurrung, Taungurung and Wurundjeri Country whose ancestors and their descendants are the traditional owners of this Country. We acknowledge that they have been custodians for many centuries and continue to perform age old ceremonies of celebration, initiation and renewal. We acknowledge their living culture and their unique role in the life of this region. 1. PRAYER Almighty God, we humbly beseech thee to vouchsafe thy blessing upon

this Council. Direct and prosper its deliberations to the advancement of thy glory, and the true welfare of the people of the Shire of Macedon Ranges.

2. PRESENT 3. APOLOGIES 4. DECLARATION OF CONFLICT OF INTERESTS Councillors’ attention is drawn to Division 1A Sections 76-81 of the Local

Government Act 1989 regarding interests. The relevant sections are reproduced and attached to the back of this Notice Paper.

Councillors are reminded that:

1. Disclosures of Conflicts of Interest must be declared immediately before the consideration of the item Section 79 (2) (a) (i); and

2. They should classify the type of interest that has given rise to the conflict of interest, and describe the nature of the interest Section 79 (2) (b) (c).

5. MAYOR’S REPORT

This item in each Council Notice Paper offers an opportunity for the Mayor to provide a brief report on recent Council activities and initiatives of a shire wide nature.

Councillor reports on any meetings they have attended as a Councillor delegate are provided at Councillor Briefings or via email communications. Any matters requiring Council deliberation/decision are considered by Council via a report to a Council Meeting.


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Recommendation: That the Mayor’s report be received.

6. PETITIONS

Pursuant to Council's Local Law No. 9, Meeting Procedure, a Councillor may present a petition or joint letter to the Council. A petition or joint letter presented to the Council must lay on the table until the next Ordinary Meeting of Council and no motion, other than to receive the petition or joint letter may be accepted by the Chairperson, unless the Council agrees to deal with it earlier. A Councillor presenting a petition or joint letter will be responsible for ensuring that they are familiar with the contents and purpose of the petition or joint letter and that it is not derogatory or defamatory.

7. ADOPTION OF MINUTES

Any Councillor whether in attendance or not at the subject meeting can move and second the adoption of the minutes, however accepted practice is that Councillors who were in attendance moved and second these motions.

Ordinary Council Meeting: Wednesday 26 April 2017

Recommendation:

That the minutes of the Ordinary Meeting of the Macedon Ranges Shire Council held on Wednesday 26 April 2017 as circulated be confirmed.

8. RECORD OF ASSEMBLIES OF COUNCILLORS – MAY 2017

- - 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 24 September 2010 requires the record of any assembly of Councillors to be reported to the next practicable Council Meeting and recorded in the minutes (Refer Local Government and Planning Legislation Amendment Act 2010 – No. 58 of 2010 – Section 17). - - Background Information The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed.


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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 (5) and a member of Council staff; or 2. Is an Advisory Committee of the Council where one or more Councillors are present. Note: Advisory Committee means any committee established by the Council, other than a special committee, that provides advice to (a) the Council, or (b) a special committee, or (c) a member of Council staff who has been delegated a power, duty or function of the Council under Section 98. Note: Only matters that are the subject of discussion and consideration at an Assembly will be listed. Incidental updates and information on matters will not be recorded. This 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 held since the last meeting.

1. Date / Time Type of Assembly

26 April 2017 10.30 pm Councillor Briefing

Venue Gisborne Administration Centre

Present – Councillors West, Radnedge, Twaits, Pearce Jukes ( arrived 11.38 pm ) Gayfer ( arrived 11.40 pm ) Bleeck ( arrived 2.36 pm ) Anderson ( arrived 4.30 pm ) Mees ( arrived 4.30 pm )

Present – Officers Peter Johnston, John Hausler, Karen Stevens, Sophie Segafredo, Stephen Mahon, Shane Power, Kylie Lethbridge, Shane Caruana, Rod Clough, Dean Frank, Luke Beattie, Michelle Wyatt, Scott Gilchrist, Rick Traficante

Items Discussed Presentation by Mark Hayes – Maddocks Future relationship with Daylesford Macedon Ranges Tourism Board Community Sports Infrastructure Fund – Expression of Interest Outdoor Pools Councillor / Officer Items Update

- Delegate report Black Hill Reserve Environment Management Plan Gisborne Botanical Gardens Master Plan Agenda Review


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Conflicts of Interest declared by Councillors and record of them leaving the meeting when the matter about which they declared the conflict of interest was discussed.

Did they leave the assembly?

Conflicts of Interest declared by officers

Nil Did they leave the assembly? N/A


11.45am 10 May 2017 Councillor Briefing

Venue Romsey Community Hub

Present – Councillors Gayfer, Radnedge, Anderson, Pearce West ( arrived 11.55 am ) Twaits ( arrived 1.02 pm ) Mees ( arrived 3.18 pm )

Present – Officers Peter Johnston, Karen Stevens, Sophie Segafredo, Dale Thornton, John Hausler, Stephen Mahon, Jill Karena, Suzane Becker, Gareth Hately, Phillip Shier, Rick Traficante, Corinne Farley

Items Discussed Presentation by Kyneton Contemporary Presentation by Macedon Ranges Friends of East Timor Inc Strategic Planning Matters

- Knox Road, Romsey - Black Forest Sawmill - Kyneton South Framework Plan

Planning Matters - 45 High Street, Woodend - 13 Urquhart Street, Woodend - 129 High Street, Woodend

Tender Evaluation – Process, Tools and Training Councillor Items / Officer Updates

- Reports to be presented to the May Ordinary Council Meeting

- Small Community Grants - Delegates Reports - Road Management Plan - Rates / Essential Services - Rural Council Victoria Membership


Cr Anderson declared a Cr Anderson declared a direct conflict of interest in the planning matter at 129 High Street, Woodend due to her ownership of property in close proximity to the subject land. Cr Twaits declared a direct conflict of interest in the Road Management Plan item


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due to him being a submitter to the Plan. Did they leave the assembly? Cr Anderson – Yes Cr Twaits - Yes


Nil Did they leave the assembly? n/a


17 May 2017 12.45 pm Councillor Briefing


Present – Councillors Anderson, Twaits, Pearce, Jukes, West, Radnedge ( arrived 1.15pm ) Gayfer ( arrived 1.50pm ) Mees ( arrived 4.00 pm )

Present – Officers Peter Johnston, John Hausler, Dale Thornton, Sophie Segafredo, Karen Stevens, Stephen Mahon, Gareth Hately, Phillip Shiers, Matt Irving, Robert Szymanski, Michelle Wyatt, Rod Clough

Items Discussed Presentation by Black Forest Sawmill Presentation by Knox Road Proponent Kyneton Movement Network Study Woodend Community Centre Proposal Planning Matters

- VicSmart - Old Kyneton Hospital - 51 Glen Echo Court

Councillor Items / Officer Council Meeting Agenda Item Questions / Discussions




Nil Did they leave the assembly? No


17 May 2017 7.00 pm Health & Wellbeing Advisory Committee


Present – Councillors Pearce, Anderson, Gayfer, Radnedge

Present – Officers Shane Power, Anne-Louise Lindner, Althea Jalbert, Kate Strahan, Stephen Mahon


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Items Discussed Development Domestic Animal Management Plan Nature Strip Landscaping Policy Council Plan and Budget and Strategic Resource Plan





Officer Recommendation:

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

9. DEPUTATIONS AND PRESENTATIONS TO COUNCIL

Generally there is no opportunity for members of the public to address an Ordinary Council Meeting. In specific circumstances including where a planning matter is being considered at an Ordinary Council Meeting for the first time or a prior request to the Mayor has been made and approved, a member of the public may be provided the opportunity to address the Council. In such circumstances the presentation will be limited to three minutes unless otherwise approved.


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10. PE.1 68 KNOX ROAD, ROMSEY, REZONING REQUEST

Officer: Suzane Becker, Manager Strategic Planning and Environment

File Ref: F4089 Council Plan Relationship: Our lifestyle, culture and sense of

place are strengthened by best practice planning and development

Attachments: 1. Locality Plan 2. Lomandra Estate Phase 2

Concept Plan 3. Romsey Structure Plan

Synopsis:

Council has received a rezoning request, affecting land at 68 Knox Rd, Romsey. The land is triangular in shape and bounded by Knox Road, Melbourne - Lancefield Road and the developing Lomandra Estate to the north. The site is 27.31 hectares and is currently used for farming and grazing purposes. The proponent for the amendment is the Romsey Property Group, being the current developers of the existing Lomandra Estate. The amendment request was lodged with Council on the 8 February 2017. The amendment involves rezoning land from Rural Living Zone to General Residential Zone with application of the Development Plan Overlay to facilitate Phase 2 of the Lomandra Estate. An indicative Lomandra Phase 2 Concept Plan has been submitted with the amendment request which shows a proposed 155 lot subdivision, with residential lots having an average size of 1118m2, which is consistent with the current density of development of the existing Lomandra Estate.

The amendment was lodged with the following supporting documentation:

Indicative Concept Plan – Lomandra Phase 2

Traffic Engineering Report

Romsey Residential Demand and Supply Assessment and

Infrastructure Contributions

Service Infrastructure Report

Acoustic Assessment

Cultural Heritage Advice

Vegetation and Biodiversity Assessment


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10. PE.1 68 KNOX ROAD, ROMSEY, REZONING REQUEST (Continued)

As part of the proponent’s strategic justification for the amendment a land supply and demand analysis report was provided. The analysis suggests that the Romsey Township is currently below the state planning policy requirement of providing a sufficient residential land supply of at least 15 years. This is placing pressure on meeting the current high demand for housing in Romsey and has reduced the supply in the current Lomandra Estate to a capacity of less than 2 years.

The proponent’s Residential Land Demand and Supply report undertaken by Urban Enterprises, suggests that even if the amendment is supported, by the time the amendment is approved, it will take at least 2 – 3 years for housing to reach the market. By this stage housing land supply in Romsey would be between 7 – 13 year supply levels.

The Romsey ODP sets the strategic planning framework for the township. The Romsey ODP was adopted by Council in 2009 and introduced as a local policy (Clause 21-13.4) into the planning scheme in 2012. The proposed amendment site sits outside the township boundary, even though it presents as a logical extension of the existing Lomandra Estate. Council officers have highlighted the need to review the Romsey ODP given changing circumstances which include the need to review the adequacy of land supply, increasing demand for housing and potential to review the town’s current boundaries. The review of the Romsey ODP is included within Council’s draft budget as part of “Structure Plan Reviews” and is reliant on external supporting funding from the Victorian Planning Authority (VPA). (A funding application is being prepared to seek resources from the VPA as part of the Streamlining for Growth Program).

The need to review of the Romsey ODP has been identified in the work plan to implement the recommendations of the Macedon Ranges Protection Advisory Committee (MRPAC) Report. Critical to implementing the recommendations of the Minister’s MRPAC report is the need for Council in partnership with DELWP and VPA to review the Macedon Ranges Localised Planning Statement and include framework plans which set long-term settlement boundaries, based on structure planning work. Once set, the settlement boundaries within the LPS will require Parliamentary approval for any revision.

Given the settlement boundaries for each town will be included within a new Localised Planning Statement, towns which require structure plan reviews, such as Romsey, need to be addressed before long-term (legislated) settlement boundaries can be determined. An interim settlement boundary is proposed for Romsey until structure-planning work is completed.


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In light of this imminent structure planning work for the Romsey Township to be undertaken by Council in partnership with DELWP and the VPA it is recommended that Council does not support the amendment request nor seek authorization from the Minister to prepare and exhibit the proposed amendment. It is considered premature to support the amendment request until this work has been undertaken and completed (estimated completion being mid 2019). This proposal should be further considered as part of this structure plan review work.

This strategic work will take two years to complete to rezoning stage as identified in the State Government Work Plan to implement the recommendations of the MRPAC report. It is considered that keeping to this timeframe will not create significant residential land supply shortages and demand pressures in Romsey Township.


That Council resolves to not support the request to seek authorisation from the Minister for Planning to prepare and exhibit an amendment to the Macedon Planning scheme to rezone 68 Knox Rd, Romsey from Rural Living to General Residential Zone with a Development Plan Overlay based on the following grounds: 1. The proposed amendment is outside the Romsey Township

Boundary 2. The strategic merit of the amendment proposal would require

assessment as part of the review of the Romsey Structure Plan. 3. That the request be considered as part of the structure plan review

of Romsey Township


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Background The Proposal Council has received a rezoning request, affecting land at 68 Knox Rd, Romsey being a 27.31 hectare site located south of the developing Lomandra Estate. Attachment 1: Locality Plan The proponent for the amendment is the Romsey Property Group, who are the developers of the Lomandra Estate. The amendment involves rezoning land from Rural Living Zone to General Residential Zone with application of the Development Plan Overlay to facilitate Phase 2 of the Lomandra Estate. An indicative Lomandra Phase 2 Concept Plan has been submitted with the amendment request which shows a proposed a 155 lot subdivision, with residential lots having an average size of 1118m2, consistent with the current style of development of the existing Lomandra Estate. The plan shows the continuation of the linear open space network which essentially performs a drainage and retarding basin function in addition to providing linear passive open space. Given most of this land is encumbered, any further consideration of this proposal would require an open space contribution toward “unencumbered” open space in addition to any other development contribution items which would be need to be determined. The proposed Lomandra Phase 2 Concept Plan proposes the construction of Knox Road to a sealed standard to Council satisfaction and a realignment of the intersection treatment of Knox Rd and Melbourne Lancefield Rd, making this intersection safer. This treatment is supported by Councils Engineering Department. A detailed traffic assessment report has been submitted with the proposal which addresses these proposed road treatments. The amendment request suggests that any proposed Development Plan Overlay schedule provisions should be drafted to reflect the proposed Concept Plan as outlined. In addition it is assumed that Council will negotiate development contributions as part of the amendment process, given the current Development Contribution Plan Overlay does not apply to this site. Attachment 2: Lomandra Estate Phase 2 Concept Plan Policy Provisions


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State Planning Policy Framework Clause 11.02 of the SPPF provides direction on ensuring an appropriate supply of land is available for urban purposes. Objective 11.02-1 (Supply of urban land) states:

“To ensure a sufficient supply of land is available for residential, commercial, retail industrial, recreational, institutional and other community uses”.

Strategies to meet this objective are:

Ensure the ongoing provision of land and supporting infrastructure to support sustainable urban development

Ensure that sufficient land is available to meet forecast demand and

Plan to accommodate projected population growth over at least a 15 year period and provide clear direction on locations where growth should occur. Residential land supply will be considered on a municipal basis, rather than a town by town basis”.

Residential land supply is considered on a municipal basis. The Macedon Ranges Settlement Strategy designates Romsey as a district town, moving to the role of a large district town, accommodating moderate growth for the municipality. Romsey Township has a significant role accommodating housing supply in the eastern portion of the municipality. Local Planning Policy Framework Clause 21.04 Settlement Strategy The settlement strategy sets the level of growth for each town consistent with the role and function of towns in the settlement hierarchy. “The majority of growth will be within the larger towns and will occur on zoned land within existing town boundaries, with the exception being land identified through structure planning processes.” With regard to Romsey:

Encourage the development of Kyneton and Romsey as large district towns. The anticipated population of Romsey is anticipated to be at the cusp of a district town and a large district town.

The population of Romsey is expected to grow to a large district town of 10,000 people by 2026.


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It is considered that the amendment proposal would be consistent with the anticipated role and function of the Romsey Township as an evolving large district town as anticipated in the Settlement Strategy.

Clause 21-13 – 4 Municipal Strategic Statement (MSS) - Romsey.

The MSS provides a framework for each of the Shire’s settlements. The key strategy relevant to the future residential growth of Romsey and the proposed amendment is as follows:

Strategy 1.2

Facilitate the establishment of a new residential growth area on the southern edge of Romsey. This will provide for the ongoing growth of the town in a manner that reflects the valued characteristics of existing residential areas; provides good internal amenity; and provides a positive interface to existing neighbouring residents and key gateway locations. The MSS includes a framework plan for Romsey Township (Romsey Outline Development Plan) which identifies areas for this future residential growth south of the town. This area includes the existing developing Lomandra Estate as future residential. The proposed amendment site is not identified on the framework plan as a future residential area. Attachment 3: Romsey Structure Plan Even though the amendment site is not identified for growth on the plan, growth to the south of the town is promoted in the MSS to provide a positive interface with the town, acting as a gateway entrance to the Romsey Township. The subject site could perform as a southern gateway, by extending the interface of the current Lomandra development to the intersection of Knox Rd and Melbourne Lancefield Rd. The Romsey Outline Development Plan is a reference document referred to in clause 21-13.4. The Romsey Structure Plan as shown in clause 21-13.4 reflects the Romsey ODP plan.

Romsey Outline Development Plan, Adopted 2009 The Romsey Outline Development Plan, was implemented into the Planning Scheme under Amendment C66 in 2012 and provides a framework for the future residential, commercial and industrial growth and development of Romsey.


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The framework plan identifies land to the south of the town for future residential development, and anticipates a 15 year land supply for housing to 2021. Proposed commercial and industrial employment uses are located east of the subject site, indicating that urban development will extend to the Knox Rd, Melbourne Lancefield Road location.

The current Lomandra Estate is identified in the southern area as future residential area. The estate commenced development in 2014 and is expected to be completed by 2019. The only other greenfield area identified for future housing in the ODP is located east of the Lomandra site which has yet to develop. The delay in this land coming to market has placed more importance on the current Lomandra Estate meeting the greenfield housing needs in Romsey. The current Lomandra housing supply however will be exhausted by 2019. The Romsey Outline Development Plan is a reference document in the planning scheme. The Romsey ODP, at Chapter 10 discusses “Future Growth” and notes that any additional long term growth of the town post 2021 will need to be consistent with the direction of Settlement Strategy. A number of preferred options are discussed for future review in the Romsey ODP. One of which is the consideration of:

“Continued southern expansion to the limit of the gravity sewer potential to the south. This area is flat and easy to service and will be relatively well positioned between the town and the industrial and commercial area further south.”

Any review of the Romsey Outline Development Plan as part of future structure planning work will consider this and other options suggested within the Romsey Outline Development Plan. Housing Demand and Supply in Romsey The proponent has submitted a Romsey Residential Demand and Supply Assessment, undertaken by Urban Enterprises which has comprehensively reviewed the historical and current rates of demand for housing within the Romsey Township. This analysis forms the main justification for the strategic need for the amendment as presented by the proponent. The analysis compares the predicted annual growth rates from the State Government VIF projections and Council Forecast ID projections with “on the ground” trends occurring in the township.


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Council’s Forecast ID methods are based on historical dwelling growth rates taken between the census years of 2001 – 2011. This estimates a growth rate of 1.78% and 38 dwellings per annum. The projected annual growth rate for the Romsey District (including Monegeetta, Bolinda and Darraweit Guim) is 53 dwellings per annum between 2016 – 2031. Historically actual dwelling approvals within Romsey District between 2001 – 2011 averaged 32 per annum. However with the development of the Lomandra estate commencing in 2014, demand for housing in Romsey Township has significantly raised the annual dwelling approvals, with a recorded actual demand rate recorded for the Lomandra Estate alone being 59 dwellings per annum. Based on these considerations the proponent’s supply and demand analysis estimates the demand in the Romsey Township for dwellings is in the range of 38 dwellings to 59 dwellings per annum over the next 15 years. Historical analysis of the demand for medium density dwellings in the Romsey Township, indicates that the demand rate is between 6% - 11% of all dwellings. Demand rates for housing in greenfield is typically higher than for predicted infill dwelling demand rates. As of July 2016 the lot supply capacity of Romsey Township was estimated at 708 lots (greenfield, infill and other strategic sites). Half of this comes from greenfield sites. Seventy – one (71) dwellings are predicted from infill unit developments, however this supply is discounted by 20% given uncertainty that smaller land owners will/will not undertake unit development projects. Taking this into account a practical land supply for Romsey is estimated at 602 lots. Based on the projected demand rate of between 38 dwellings and 59 dwellings per annum and the high demand for greenfield housing supply and time taken to get land rezoned and subdivided for residential purposes, the report predicts a land supply scenario to be between 7 to 13 years in Romsey Township by mid 2019. The Macedon Ranges Settlement Strategy identifies Romsey as a developing district to large district town. State planning policy requires at least a 15 year residential land supply available for housing in the municipality. Romsey plays an important municipal role in meeting the state planning policy of having at least a 15 year residential land supply for the municipality and importantly is the main growth town for the eastern portion of the municipality. Officer Assessment The Romsey ODP was adopted by Council in 2009 and is currently in need of review given the analysis of housing supply and the need to maintain the role of Romsey as an evolving large district town as intended in the Macedon Ranges Settlement Strategy.


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Council officers have highlighted the need to review the Romsey ODP as a 2017/18 new initiative project. This project is included within Council’s draft budget as part of “Structure Plan Reviews” and is reliant on external supporting funding from the VPA. (A funding application is being prepared to seek resources from the VPA as part of the Streamlining for Growth Program). The Macedon Ranges Protection Advisory Committee Report, February 2017, recommended that Council identify long-term settlement boundaries for each of its towns, which includes township and rural living areas. Once set, the settlement boundaries within the LPS will require Parliamentary approval for any revision. The settlement boundaries for each town will be included within a revised Localised Planning Statement, which is currently being prepared by Council in partnership with DELWP, and the VPA. It is proposed that for towns which require structure plan reviews, such as Romsey, that an interim settlement boundary be set, until structure-planning work is completed. While the proposed amendment has strategic merit, given Council will be reviewing the Romsey Township as part of work being undertaken by Council in partnership with DELWP and the VPA it is considered premature for Council to support the amendment until this work has been undertake and completed (expected completion mid 2019). This work will consider the strategic merit of the proposed amendment request in context of the wider long term planning for the Romsey township.


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10. PE.2 BLACK HILL RESERVE ENVIRONMENTAL MANAGEMENT PLAN Officer: Michelle Wyatt File Ref: F2797 Council Plan Relationship: Our environment and landscape is

protected and sustained.

Attachments: 1. Final Black Hill Reserve Environmental Management Plan; 2. Summary of Community Feedback Form Responses; 3. Summary of Submissions and Officer Response

Synopsis:

The Black Hill Reserve Environmental Management Plan establishes a vision and set of objectives for the reserve as well as a program of actions to achieve the vision. Preparation of the Plan commenced in 2015. Progress was delayed due to a bushfire on 7 January 2015 which affected approximately 80% of the reserve. The draft Plan was completed in late 2016 and released for public feedback between 2 December 2016 and 11 February 2017. The closing date for submissions was subsequently extended to 10 March 2017 in response to a request from the Friends of Black Hill Reserve. The consultation process included distribution of a community feedback form / survey (paper and electronic versions) as well as an invitation to make a separate submission. Altogether 114 feedback forms were received and 11 submissions. Overall the community expressed support for the vision and recommendations of the draft Management Plan, seeking protection of the reserve’s passive recreation role, natural beauty, serenity, views and native flora and wildlife. Key issues raised by the community include investigating installation of a predator proof fence, completion of a preliminary Aboriginal heritage study, exploration of a threatened species re-introduction program, postponing revegetation activities, governance arrangements for the reserve and whether orienteering should be permitted.


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10. PE.2 BLACK HILL RESERVE ENVIRONMENTAL MANAGEMENT PLAN (Continued)

A summary of the community feedback is provided in Attachments 2 and 3. Changes proposed in response to the community’s feedback are shown in “track changes” in Attachment 1.


That Council: 1. Adopt the Black Hill Reserve Environmental Management with the

changes shown in Attachment 1; and 2. Commence implementation of the adopted plan in conjunction with

the Friends of Black Hill and local community, subject to budget allocations


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Background Black Hill Reserve is approximately 100 hectares in area located about nine kilometres from Kyneton. The site comprises a granite outcrop that has been used for agriculture, timber harvesting and gravel extraction. Rehabilitation of the site commenced in 1979 when the Friends of Black Hill were formed. The site’s ecological values include granite outcrops, remnant large old trees, native vegetation that provides habitat for a range of wildlife including threatened species such as the Phascogale, the Brown Treecreeper and Powerful Owl. The reserve also supports Clover Glycine and River Swamp Wallaby-grass which are both threatened species listed under the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999. Preparation of the Environmental Management Plan commenced in 2015 and included review of previous histories and vegetation surveys, new flora and fauna surveys and preliminary consultation with the Friends of Black Hill Reserve. Progress on the Plan was delayed due to a bushfire on 7 January 2015 which affected approximately 80% of the reserve. The Plan was produced by ecological consultants from Practical Ecology in collaboration with Council. Summary The Environmental Management Plan establishes a vision and set of objectives for the reserve as well as a program of actions to achieve the vision. The Plan divides the reserve into a number of management zones that relate to a series of principles for weed control, revegetation, monitoring, vegetation removal and other management issues. The Plan also provides direction for future infrastructure, maintenance, fire prevention works and pest animal control activities, as well as management of recreation activities. A copy of the draft Environmental Management Plan showing the recommended changes in response to submissions is provided at Attachment 1. Public consultation process The draft Plan was completed in late 2016 and released for public feedback between 2 December 2016 and 10 March 2017. Public consultation included:

Direct notification to key stakeholders including the Taungurung Clans Aboriginal Corporation, the Friends of Black Hill Reserve, the Kyneton Historical Society and relevant government departments and agencies.

Direct notification to surrounding property owners (approx. 580 letters)

Notification in the local papers

Articles in Council’s Environment eNewsletter


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Facebook posts and advertisements

Signs at both entrances to the reserve

Article on Council’s website

Collection of feedback via a Community Feedback Form available online or in hard copy

Altogether 114 Community Feedback Forms were submitted (including both paper and online versions) and 11 separate submissions were received. A summary of the Community Feedback Form responses is provided at Attachment 2. A summary of the key issues raised in submissions and the officer’s response is provided at Attachment 3. Summary of Community Feedback Key findings from the community feedback include:

Most common activities at the site are bushwalking, dog walking, nature, photography, bird watching and picnics.

Valued characteristics include the site’s serenity, natural beauty, native vegetation, wildlife, walking trails, scenery and views.

Aspects not liked by the community include the site’s weeds, path maintenance and signs.

Overall support for the Plan’s vision and recommendations, with some minor changes.

Recommendations that received less support include those relating to installation of a predator proof fence, postponing revegetation until 2020, exploring a threatened species re-introduction program and completion of a preliminary Aboriginal cultural heritage assessment. Other issues raised by the Friends of Black Hill include governance arrangements for the site and use of the site for orienteering. Commentary from the community was also received about prohibited activities such as horse riding and mountain bike riding. A discussion about these key issues is provided below. Key issues Governance The southern part of the site is Crown Land (Parks Victoria) and the northern half is owned by Council. Parks Victoria currently do not undertake any management or maintenance activities; this is carried out by Council in collaboration with the Friends of Black Hill Reserve.


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Recommendation 1 of the draft Plan states that Council should apply to become Committee of Management for the Crown Land allotment to enable the continued coordinated management of the site.

The Friends of Black Hill Reserve submitted that they wish to form a joint Council-community Committee of Management for the reserve. Council’s other bushland reserves are successfully managed by Council in collaboration with relevant Friends groups. A different approach for Black Hill Reserve is not considered necessary and would generate additional administration that is outside Council’s current resource capacity. This approach would also impact the ability of Council and the Friends of Black Hill Reserve to be responsive to emerging or urgent management issues that may arise. Recommendation: Retain Recommendation 1 as proposed. Predator proof fence Recommendation 45 involves investigating installation of a full predator proof fence and conducting research into fencing that allows for the movement of native wildlife. This recommendation was supported by 63% of survey respondents, however it was not supported by the Friends of Black Hill Reserve. Concerns raised relate to the impact a predator proof fence would have on the free movement of wildlife. A variety of measures can be implemented to facilitate the movement of wildlife such as the installation of specially designed gates for ground fauna, ‘herding’ of animals such as kangaroos through a system of ‘airlock’ gates, and manual relocation of animals if required. For example, specially designed gates have been successful at the Royal Botanic Gardens Cranbourne at allowing the free passage of wombats, bandicoots and tortoises while preventing access for foxes and rabbits. At Mt Rothwell, kangaroos are enticed into a gated green paddock to facilitate their movement out of the reserve as required. Mt Rothwell also manually relocate echidnas and wombats if they are found travelling along the fence line which indicates that they may wish to enter or exit the site. The predator proof fences at Mt Rothwell also are low enough for kangaroos to jump if desired.


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As demonstrated at Mt Rothwell and the Royal Botanic Gardens Cranbourne, movement of wildlife can be facilitated. Even so, the cost of installing, monitoring and maintaining a predator proof fence is not considered justified at Black Hill Reserve for the sole purpose of protecting the site’s existing species which continue to thrive with the existing level of invasive animal control. Alternatively, management of a predator proof fence would be justified as part of a program to facilitate ongoing protection of a crucially endangered species re-introduced to the site.

Recommendation: Update the Plan to clarify that a predator proof fence would only be justified as part of a threatened species reintroduction program. Threatened species re-introduction program Recommendation 70 proposes that Council support threatened species re-introduction programs that achieve a net environmental and community benefit. This recommendation was in response to a request from Mt Rothwell Biodiversity Interpretation Centre to use the site for re-introduction of Brush-tailed Rock Wallabies. The proposal would have been fully funded (i.e. no cost to Council) and would have included installation of a predator proof fence, employment of an on-site site manager overseen by Council and Mt Rothwell, installation of additional facilities and infrastructure such as a toilet, and additional opportunities for community education and engagement in bushland and wildlife management. This recommendation was supported by 55% of survey respondents and not supported by 24%. The remaining 22% were neither supportive nor not supportive. Community comments indicate in-principle support for the initiative on the condition that the site will remain accessible to the public and issues associated with wildlife movements can be addressed. The Friends of Black Hill Reserve do not support the proposal citing concerns that public access will be restricted and Council will no longer manage the site. As discussed above, there are a variety of measures to ensure existing wildlife are not adversely affected by predator proof fences. In addition, the proposal discussed with Mt Rothwell always proposed to retain public access to the site. Overall, the project would have the following benefits:

Participation in protection of nationally threatened species (e.g. Rock wallabies, Eastern Barred Bandicoots etc).

Protection of existing threatened species due to the predator proof fence.

Increased visitor offer and community education and engagement opportunities in the Kyneton area.

Improved management and maintenance of the reserve at no cost to Council.


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Additional reserve infrastructure such as toilets and improved tracks and signs at no cost to Council.

Increased management presence / surveillance at no cost to Council.

Despite receiving support from the majority of survey respondents, the consultation on the draft Plan indicates that the community still has questions about aspects of the proposal. As such, it is recommended that further community engagement occur as to the community’s appetite for this type of project in principle, as a part of preparation of Council’s Biodiversity Strategy. This could potentially include tours to the Royal Botanic Gardens Cranbourne and Mt Rothwell. This interest could then be further explored to determine if any sites across the Shire are suitable. Potential sites include Black Hill, Bald Hill and Hanging Rock reserves, as they support suitable habitat for a range of critically endangered species. Recommendation: Update the Plan to indicate that additional, broader community engagement occur to better inform the community about the details of the proposal and address some of the queries raised during the consultation process. Revegetation Recommendation 8 proposes to postpone further plantings until 2020. This recommendation was supported by 61% of survey respondents, however it was not supported by the Friends of Black Hill Reserve. The purpose of the recommendation is to provide sufficient time to monitor the site’s natural regeneration in terms of species and densities, before intervening through revegetation. Monitoring natural regeneration prior to planting is best practice and is supported by the Society for Ecological Restoration’s National Standards for the Practice of Ecological Restoration in Australia (March 2016). This approach ensures any future reconstruction based activities (such as planting) is informed by an assessment of the site’s natural capacity to recover and site specific characteristics. Recommendation: Retain Recommendation 8 as proposed. Orienteering Recommendation 62 states that orienteering should not be permitted during the fire recovery stage but could be reconsidered once the management plan is reviewed (in 10 years).


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The Friends of Black Hill Reserve state that they do not support this recommendation and that orienteering should be allowed subject to an agreed approval process. Similarly, Orienteering Victoria also requested that the site be made available for their events. While the site’s pathways are currently being maintained in terms of clearing regrowth and ensuring adjoining trees do not present a safety hazard, trees in the rest of the reserve may still present a safety risk. For this reason, and to minimize other threats such as spread of weeds and pathogens, damage to native flora and general soil erosion while the site is recovering, it is recommended that orienteering not be permitted at this stage. It is noted that other locations exist in the region where orienteering is permitted, as identified by Orienteering Victoria. Most of these reserves are significantly larger than Black Hill Reserve, ranging in size from approximately 450 hectares to over 10,000 hectares. This enables the impact of an orienteering activity to be more dispersed. While the draft Plan recommends reviewing orienteering when the Plan is reviewed in 10 years, re-assessment of the matter could be brought forward to 2020. Recommendation: Update the Plan to recommend reviewing the suitability of orienteering at the site in 2020. Prohibited activities Recommendations 59 and 64 involve continuing to not permit horse riding, mountain biking, motorbike riding or fire wood collection in the reserve. While this was supported by 71% of survey respondents, a small number of community members stated that they feel horse riding should be allowed. The Friends of Black Hill Reserve did not comment on this aspect of the draft Plan. These activities can have a negative impact on bushland, including increasing soil erosion, spreading weeds and pathogens and damaging native vegetation. While the impact of horse riding and mountain bike riding can be reduced by staying to made tracks, ensuring compliance with this regulation would require significant additional resources. These activities also conflict with other uses such as bushwalking and dog walking. Other reserves in the region where these activities are permitted and can be pursued include the Cobaw State Forest and Macedon Regional Park. Recommendation: Retain Recommendation 59 and 64 as proposed.


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Aboriginal heritage assessment Recommendation 65 involves preparation of a preliminary Aboriginal Heritage Assessment. This recommendation was supported by 56% of survey respondents and strongly not supported by 19%. The reason for a lack of strong support for this recommendation is unclear, however some community members commented that an assessment would result in reduced public access to the site. The Friends of Black Hill, although supportive in principle, also commented that they feel an assessment is unnecessary. Council has a duty under the Aboriginal Heritage Act 2006 to ensure sites of Aboriginal cultural significance are protected. Previous studies and discussions with the Traditional Owners, the Taungurang Clan, suggest that the site may have significance. As such, a preliminary assessment would enable any possible features or areas of significance to be identified, appropriate protocols developed for future management activities and education and promotional material developed that raises awareness about the site’s indigenous history and values. Recommendation: Retain Recommendation 65 as proposed. Conclusion The Black Hill Reserve Environmental Management Plan has been prepared with community input and substantial community consultation. Overall the community have expressed support for the Plan’s vision, objectives and actions. Once adopted, the Plan will provide an invaluable tool to guide future strategic decisions and management actions for the site.


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11. CX.1 HEALTH AND WELLBEING ADVISORY COMMITTEE – APPOINTMENT OF MEMBERS

Officer: Kate Strahan, Governance Project Officer File Ref: F3403

Council Plan Relationship: Our community is inclusive and

connected and enjoys strong mental and physical health and wellbeing

Synopsis:

At the 25 June 2014 Ordinary Council Meeting Council established the Macedon Ranges Health & Wellbeing Advisory Committee (HWBAC). Community members and Councillor Delegates were formally appointed to the Committee at the 24 September 2014 Ordinary Council Meeting. Half of the first term community members were appointed for a four year term, expiring in October 2018 and half for a two year term, expiring in October 2016.

After the inaugural appointments, subsequent appointments of Councillor Delegates to the Committee were managed through the appointment of councillor delegates to external bodies/committees report that is presented annually to Council in November. This report provides Council with an update on community membership to the Committee and recommends appointing some existing members for an extended term and one new member to fill a casual vacancy.


1. Appoint HWBAC members Kristina Nelson, Geoff Caddick, Nicole Laurie and Tony Croke formerly appointed for a two year term commencing 24 September 2014 for an additional term expiring October 2018; and

2. Reappoint Kyle Hayes for an additional term expiring October 2018,

and Lily O’Sullivan a Youth Ambassador for a term expiring October 2018.


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11. CX.1 HEALTH AND WELLBEING ADVISORY COMMITTEE – APPOINTMENT OF MEMBERS (Continued)

Background A proposal to establish a Health & Wellbeing Advisory Committee (HWBAC) was presented to the 25 June 2014 Council Meeting and a process endorsed to seek Expressions of Interest from potential members. Community members and Councillor Delegates were formally appointed to the committee at the 24 September 2014 Ordinary Council Meeting. Half of the first term community members were appointed for a four year term, expiring in October 2018 and half for a two year term, expiring in October 2016. Due to the General Elections in October 2016 it was decided to delay dealing with reappointments, discuss the HWBAC more generally with the new Council and formally report to Council to determine the way forward. This report provides an overview of the functioning of the HWBAC and deals with the appointments which expired in October 2016, the Youth Ambassador positions and existing casual vacancies on the committee. Experience and functioning of the HWBAC Since the establishment of the HWBAC in 2014, the committee has met on average three times per year (generally March, June and November). The committee considers ‘health and wellbeing’ issues relating to strategy development and/or issues currently on the council agenda (i.e. matters requiring public consultation). The committee provides feedback to officers with carriage of these matters. By way of background, listed below are the issues the Committee has dealt with to date: November 2014

Demographic overview

Pets in public places

Waste management

Community Consultation Framework review

March 2015

Age Friendly Cities Action Plan

Healthy food choices at Aquatic and Leisure centres

Prevention of Violence Against Women

Street Tree Policy

Feedback on Equine Centre Feasibility Report

August 2015

Natural Environment Strategy

Role of Local Government in Suicide Prevention

Early Years Plans and Positive Ageing Plan


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November 2015

Future of libraries

Impact of bushfire on health and wellbeing of residents

Planning (land use) for health and wellbeing outcomes

Local Government Performance Report Framework

March 2016

Early Years Plans and Positive Ageing Plan

Leisure Strategy review

Natural Environment Strategy

Macedon Ranges Protection Advisory Committee

August 2016

Macedon Ranges Recreation Facilities Healthy Eating Options

Bicycle Infrastructure—consultation process

Review of HWBAC—Election process

In conjunction with the annual appointment of delegates report in November 2016 officers briefed Councillors on the functioning of the HWBAC.

The Terms of Reference for the HWBAC set out the following:

Primary Purpose To provide input to strategy and policy development work undertaken across Council in the context of its impact on the health and wellbeing of all residents and other stakeholders of the Macedon Ranges.

Secondary and Related Purposes Through the functioning of this Advisory Committee the following outcomes are expected and are considered beneficial secondary purposes:

To provide a knowledge gathering and networking forum for Councillors on specific issues

To assist members in developing their own skills and to foster information sharing within the sphere of interest

As an arena for developing partnerships between Councillors, members and Council Officers.

Membership All members of Advisory Committee must live or work within the Macedon Ranges local government area The membership of the Advisory Committee will comprise up to 14 persons including two Youth Ambassadors plus three Councillors.


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Membership selection criteria Members should be active in the community, with strong community networks and sound understanding of local and regional issues. Members need to have the capacity to reflect on and present community issues, rather than focussing on personal concerns or individual issues only. The membership of the Committee will be selected to represent a diverse community based body with individual members having knowledge and experience in one or more of the following areas:

Ageing

Arts and Culture

Business

Community Development

Disability

Education

Family and Children

Finance/Economic Development

Health

Indigenous

Infrastructure

Mental Health

Recreation and Sport

Sustainability

Urban Design/Place Making

Youth Status of current committee membership Of the four members appointed for a two year term - expiring in October 2016 - one wishes to step down and one is no longer eligible. Further, of the two Youth Ambassadors, one has stood down and one nomination has been received.


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As a result of this, the current status of the membership arrangements is as follows:

Member Term Status Recommendation

Rhonda Wencel

2 years—expired October 2016

Casual vacancy – wishes to step down

Noted

Kristina Nelson


Wishes to continue until October 2018

Appoint until October 2018

Geoff Caddick




Naomi Bromley


Causal vacancy—no longer works or lives in the Shire

Noted

Nicole Laurie 2 years—expired October 2016



Tony Croke 2 years—expired October 2016



Karen Spaull 4 Years—expires October 2018 n/a

Rayoni Nelson

4 Years—expires October 2018 n/a

Don Clark 4 Years—expires October 2018 n/a Greg Powell 4 Years—expires October 2018 n/a Janet Wood 4 Years—expires October 2018 n/a Kyle Hayes—Youth Ambassador

1 year—expired December 2015



Ruby Wilkes—Youth Ambassador

1 year—expired December 2015

Casual vacancy Noted

Lily O’Sullivan

New nomination Appoint until October 2018

On the basis that we effectively only have a one member reduction in the overall membership it is recommended that Council not seek any further members to the HWBAC and endorse the recommendations as above.


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11. CX.2 HANGING ROCK STRATEGIC ADVISORY COMMITTEE – REPORT TO COUNCIL FROM MEETING ON 1 MAY 2017

Officer: Stephen Mahon - Manager Council and Customer Services File Ref: F3545

Council Plan Relationship: Responsible governance –

Transparent accountable leadership and democratic decision making

Attachment: Nil

Synopsis:

The Hanging Rock Strategic Advisory Committee (HRSAC) is an Advisory Committee of the Macedon Ranges Shire Council. It was established by resolution of Council on 27 July 2016 to provide advice to Council in its capacity as the Committee of Management of the Hanging Rock Reserve, a State Government asset under the Crown Lands (Reserves) Act 1978. The charter and membership of the HRSAC was confirmed by resolution of Council on 23 November 2016. The minutes of all HRSAC meetings incorporating any recommendations to Council from the HRSAC will be formally presented to the next available Ordinary Council Meeting. Any such recommendations shall be presented to Council with a Council Management comment.

Hanging Rock Strategic Advisory Committee Meeting - Minutes Monday 1 May 2017 at 6.30 pm Gisborne Administration Centre

Present: Nathan Alexander (Chair), Jon Dight, Helen Relph, Penelope Roberts, John Williamson, Peter Bishop Officers – Karen Stevens – Director Community Wellbeing , Rod Clough – Manager Recreation & Sport, Leon den Dryver – Manager Finance, Stephen Mahon – Manager Council & Customer Services, Geoffrey Caine – Manager Sustainability Programs – DELWP

1. Welcome

The Chairperson welcomed all Members and made some general comments regarding the

functioning of the Advisory Committee.

Apologies None received.

Note – Subsequent to this meeting it was discovered that Advisory Committee Member Val

Pollard had not received notification of this and the previous meeting. This has be rectified and

Mr Pollard briefed on the current status of the Advisory Committees work.


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11. CX.2 HANGING ROCK STRATEGIC ADVISORY COMMITTEE – REPORT TO COUNCIL FROM MEETING ON 1 MAY 2017 (Continued)

2. Confirmation of Minutes of the Hanging Rock Strategic Advisory Committee – 27 March 2017 The Manager Council & Customer Services advised that 27 March minutes had been presented to the last Ordinary Council Meeting held on the 26 April 2017 The minutes of the 27 March Meeting were confirmed.

3. Update on Public Exhibition of Hanging Rock Masterplan

Geoff Caine updated the Advisory Committee on the status of the Hanging Rock

Masterplan, noting that feedback had been received from the Traditional Owner groups

requesting further time for them to consider the draft plan prior to it being placed on public

exhibition. In line with this request the Council had resolved to ‘ endorse the draft

Masterplan Options for Consultation paper to go out for public consultation, subject to final

agreement from Traditional Owner groups and any resulting directions from the State

Government ‘. The wider public consultation schedule is now indefinite.

Nathan queried whether any further changes were made to the draft Masterplan that the

Committee considered on the 27 March prior to it being presented to Council. Geoff advised

that apart from the feedback from DWLEP and Heritage Victoria, (mentioned at the 27

March Meeting) he was not aware of any changes to the draft Masterplan presented to

Council.

4. Hanging Rock Reserve Financial Arrangements

Karen Stevens introduced Leon den Dryver, Council’s Manager Finance, who gave a brief

overview of the structure of the Hanging Rock financial arrangements, noting that the

Reserve was governed by the same financial rules, processes and policies as other areas of

Council.

Karen explained the ‘whole of Council‘ approach to budgeting ‘ that Council adopted which

involved ‘new initiatives’ (defined generally as any significant change in an operational

budget) or capital works projects being evaluated by Executive using an established criteria.

In this context the Hanging Rock Reserve Operational Budget had not significantly altered in

recent years – with the DWLEP funding $250k per annum (2017/18 being the last year of

this funding) and any budgeted surplus being transferred to the Reserve.

During discussion the following issues were raised and discussed –

- Concert income was variable and accordingly Council Officers budgeted conservatively for the income per annum as we don’t know how many concerts will be run.

- In view of the impending Masterplan the focus in the last 12-18 months has been on

expenditure items which would not compromised by the Masterplan outcomes. As a

consequence the public convenience upgrades have been completed whilst required

works on the entrance road and the walking path at the top of the Rock have been

deferred pending the Masterplan.


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- There were no proposed transfers from the reserve budgeted for 2017/18 pending the

outcome of the Masterplan, except for the DELWP $250K. Once the Masterplan was

finalised the opportunity existed for the Advisory Committee to recommend to Council

the commencement of appropriate projects.

- The current approach whereby corporate overhead costs are not attributed to program

budgets like Hanging Rock. It was agreed by members that it would be desirable for

the Committee to be aware of these costs.

- In respond to a question about projected income and expenditure, including growth in

visitation, it was noted no projections were attempted beyond the upcoming year.

- Council’s rolling capital works program (which incorporates projects at Hanging Rock)

has a 10 year timeframe.

- The proposed 2017/18 works to be funded with the DELWP $250k are: East Paddock

fencing inclusive of a fencing plan as per EMP $150k; tree safety works $10k;

environmental works based on EMP $65k; and path works (primarily for safety) $25k.

Note the type of fencing is still to be determined, so cost is tentative;

- Penny expressed a view that it would be better to use a significant portion of the $250K

DELWP funding toward on-ground rehabilitation works in the creek zone rather than

spend $150K installing predator-proof fencing to a very limited section of the perimeter,

especially without having fully considering the implications with respect to the kangaroo

population.

- It was noted that as per the presentation Council welcomes the Advisory Committee

feedback on the allocation of the DELWP $250k and that Nathan would circulate his list

of possible projects to be funded.

- The approach to the financial management of Crown land reserve and East Paddock

which was to manage them collectively as a single financial entity. The income from the

Crown land must by statute be spent on the Crown land. Staff suggested some money

raised in the East Paddock is spent on the Crown land, not the other way around.

- There was discussion on the current Council approach that the Reserve must raise its

own income, not use rate revenue.

- In response to a request from Nathan, Karen agreed to circulate the 2017/18 draft

budget income and expenditure totals for the Hanging Rock Reserve.

Action - Karen Stevens to send SAC members draft 2017 budget.

- The Reserve entry fee system / model was discussed as a potential issue for the

Committee although it was noted that perhaps it should wait until the masterplan was

complete and any improvements identified.

- Peter Bishop raised the capacity of the Reserve to become financially sustainable and

the role of the Advisory Committee in this regard. He highlighted that a clear setting out

of the annual income and expenses of the Reserve was crucial to determining what

should be offered to the public and what capacity there was for new works.

- Peter suggested that a process be developed to prioritise proposed expenditure using

agreed criteria. It was agreed that Peter would circulate his slides and tentative

prioritisation criteria to other Committee members to enable further thinking around this

matter prior to the next meeting.

- Action - Peter Bishop to send SAC members slides and draft criteria.)


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- Karen was requested to provide the Committee with the Council current capital works /

new initiative business case criteria, and agreed.

Action – Karen Stevens to send SAC members criteria.)

- Assets at the Reserve are included in the Council’s asset database, noting expected

life and replacement cost, but not priority for replacement. Council Officers were

requested to provide data on the Reserve’s current assets. Rod Clough agreed to ask

for relevant data to be extracted from the database if not onerous, and if obtained to

circulate to SAC.

- Action – Rod Clough to seek to obtain Reserve asset data from asset database

and send to SAC members.

5. Strategic Issues

Nathan advised that he had sorted the strategic issues provided by each member and had

circulated a listing of these – i.e. Background Information, Role of functions, Visitor

Experience, Environmental and Management.

The Committee commenced a discussion on those matters that were deemed to be

potentially not controversial and / or upon which there may be little disagreement. The

discussion started with the legislated purpose of the reserve, and then ranged over the need

for a capital works plan, a long term asset maintenance plan, a strategic plan, and the

financial challenges associated with maintaining and improving the infrastructure and

environment of the Reserve. No resolution was reached on these matters. The committee

recognised the challenge in preparing a strategic plan given the master plan is in process.

The members agreed that the primary topic of the next meeting would be to try to determine

a long-term planning process for the Reserve, including a system to prioritise potential

projects.

6. Other Business Nil.

7. Next Meeting Monday 29 May at 6.30 pm – Gisborne Administration Centre 40 Robertson Street, Gisborne.

The meeting closed at 9.10 pm

Management response to HRSAC Minutes of 1 May 2017 Noted


That the unendorsed minutes of the Hanging Rock Strategic Advisory Committee meeting of 1 May 2017 be noted and Council notes there are no recommendations from of the Hanging Rock Strategic Advisory Committee meeting of 1st May 2017.


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11. CX.3 SMALL COMMUNITY GRANT SCHEME – CONSIDERATION OF GRANT APPLICATIONS

Officer: Trudy Campbell, Governance Administration Officer File Ref: F737

Council Plan Relationship: A high performing organisation – We

proactively engage with, and demonstrate accountability to, the community; and build and sustain financial strength.

Synopsis:

Council at its March 2013 Ordinary Council Meeting endorsed the guidelines which govern the Small Community Grant Scheme. Not-for-profit community groups can apply for small financial donations via this scheme. Applications are evaluated and presented to Council as they are received. The grants are offered to assist projects/initiatives that are unlikely to be funded through existing funding schemes. Applications can be made at any time of year1 and generally are processed within 3–4 weeks.


That Council endorse the following applications for funding:

a. Romsey Mechanics Institute—Safer cleaning storage: $950 b. Woodend Red Cross Toy Library—science, technology,

engineering and maths (STEM) toys: $1300 c. Kyneton Community and Learning Centre—Kyneton boomerang

bags: $1500 d. Romsey Golf Club—plants for stability, food and habitat :$900 e. Probus Kyneton—equipment for guest speaker program: $500 f. Babes & Picnics—venue hire for winter 2017 program: $1000

1 except in a General Election year, specifically from 1 July to the date of the election and during the Community Funding Scheme open for application period annually


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11. CX.3 SMALL COMMUNITY GRANT SCHEME – CONSIDERATION

OF GRANT APPLICATIONS (Continued) Officer Comment: The following guidelines govern the use and administering of these funds:

1. Application for funding is via an online application form.

2. The maximum grant is $1,500.

3. All applications will be presented to Council for determination.2

4. A group can receive funding only once in a financial year.

5. Funding:

a. must be for a ‘one off’ project or activity (not the basis for ongoing funding)

b. will not be offered to individuals

c. can be offered to government and non-government schools; however the purpose of the request must be outside the accepted responsibilities of the school and the State Government, i.e. all curriculum-related activities, student welfare activities and other functions that are generally performed by schools

d. community/township festivals and events are eligible

e. associated with works to a Council facility or building must be approved by the relevant building manager

f. shall not be used for political purposes

g. must be identified as being consistent with Council Plan

h. is for projects that will commence and finish in the same financial year

i. Applications will not be accepted and works/undertakings shall not occur, in the period between 1 July and the date of a General Election of that same year.

6. Once funding is approved, all parties are required to sign a partnership agreement.

7. Any funds not spent on the specified project/activity will be returned to Council.

2 Only eligible applications will be presented.


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11. CX.3 SMALL COMMUNITY GRANT SCHEME – CONSIDERATION OF GRANT APPLICATIONS (Continued)

The following applications are presented for consideration:

Applicant: Romsey Mechanics Institute

Date received: 14 April 2017

Project: Safer cleaning storage

Amount requested: $950

Amount recommended: $950

Previous funding received for group/project:

Yes

Compliant with guidelines: Yes

Officer comment: Eligible

Officer recommendation: To be funded

Applicant: Woodend Red Cross Toy Library Inc


Project: STEM toys

Amount requested: $1,300

Amount recommended: $1,300


No




Applicant: Kyneton Community & Learning Centre


Project: Boomerang bags




Yes




Applicant: Romsey Golf Club


Project: Plants for stability, food and habitat




No





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11. CX.3 SMALL COMMUNITY GRANT SCHEME – CONSIDERATION OF GRANT APPLICATIONS (Continued)

Applicant: Probus Club of Kyneton

Date received: 1 May 2017

Project: Equipment to support guest speaker program




No




Applicant: Babes + Picnics Macedon Ranges

Date received: 4 May 2017

Project: Venue hire for winter 2017 program




No





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12. CS.1 CONTRACTS TO BE AWARDED AS AT 24 MAY 2017 Officer: Corinne Farley, Contracts Coordinator File Ref: 60/03/01

Council Plan Relationship: A high performing organisation – We

proactively engage with, and demonstrate accountability to, the community; and build and sustain financial strength

Synopsis:

Council’s delegated authority to its officers to award a contract is controlled by the financial value of the contract. The various financial limits of the authority are specified in Appendix 1 of the Procurement Policy. The following report indicates whether or not delegated authority to award the contract is expected to exist. It also presents Council with the opportunity to (a) specifically grant delegated authority to the Chief Executive Officer and (b) specifically review delegated authority in any instance where Council deems it appropriate. Officer Recommendation: That Council: 1. Notes that the following contracts will be awarded by Council officers

under delegated authority:

A17.867 Provision of Loan Borrowings

A17.869 Corporate Printed Stationery

2. Grant delegated authority to the Chief Executive Officer to award Contract C18.861 - Cleaning Council Facilities


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12. CS.1 CONTRACTS TO BE AWARDED AS AT 24 MAY 2017 (Continued)

Background Information Council’s delegated authority to its officers to award a contract is controlled by the financial value of the contract. The various financial limits of the authority are specified in Appendix 1 of the Procurement Policy.

Opportunity to review delegated authority This report provides Council with a very brief summary of proposed contracts, which are being advertised and also indicates whether or not delegated authority to award the contract is expected to exist. This report also provides Council with the opportunity to (a) specifically grant delegated authority to the Chief Executive Officer and/or (b) specifically review the delegated authority to award a contract(s). A17.867 Provision of loan borrowings The City of Greater Bendigo acting as the head Council for a joint procurement opportunity for the provision of loan borrowings to enable Greater Bendigo City Council, Mount Alexander Shire Council and Macedon Ranges Shire Council to collectively fund $20,250,000 of its capital works program. Breakdown of Council requirements:

Greater Bendigo City Council to fund $17,000,000

Macedon Ranges Shire Council to fund $2,050,000

Mount Alexander Shire Council to fund $1,200,000 A17.869 Corporate Printed Stationery The City of Greater Bendigo acting as the head Council for a joint procurement opportunity on behalf of Greater Bendigo City Council, Mount Alexander Shire Council, Loddon Shire Council and Macedon Ranges Shire Council for the supply of Corporate Printed Stationery. C18.861 Cleaning Council Facilities The previous contract has expired and Council Officers have packaged up 24 Council Building sites to retender for the provision of cleaning services. The sites are as listed below:

Gisborne - Administration Centre

Gisborne - Aquatic Centre

Gisborne - Library

Gisborne - Manna Gum - Kindergarten

Gisborne - Manna Gum - MCH

Gisborne- Kindergarten - Swinburne Avenue

Kyneton - Administration Centre

Kyneton - Kindergarten - Lady Brooks

Kyneton - MCH

Kyneton - Sports and Aquatic Centre

Lancefield - Kindergarten

Macedon - Kindergarten


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12. CS.1 CONTRACTS TO BE AWARDED AS AT 24 MAY 2017 (Continued)

Macedon - MCH

Riddells Creek - Kindergarten

Riddells Creek - MCH

Romsey - Administration Centre - Community Hub

Romsey - Administration Centre - Romsey Library

Romsey - Kindergarten

Romsey - MCH

Woodend - Administration Centre - Community Centre

Woodend - Kindergarten

Woodend - MCH

Woodend Administration Centre - Woodend Library

Woodend Operations - Depot & Administration Centre This contract will exceed the delegated authority of the Chief Executive Officer.


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12. CS.2 PROCUREMENT POLICY 2017 Officer: John Hausler, Director Corporate Services File Ref: F977

Council Plan Relationship: To deliver fair and open decision-

making across the business of Council.

Attachment: Draft Procurement Policy 2017

Synopsis:

The genesis of the Procurement Policy is the Local Government Act, which states in Section 186A that Council (a) must have a Procurement Policy, (b) must comply with its Procurement Policy and (c) must review its Procurement Policy at least once in each financial year. Council adopted its most recent version of the Policy in February 2016, during the 2015/16 financial year. During the 2016/17 annual review of the Policy, it was determined that the Policy needed to be updated. The updated Draft Procurement Policy 2017 is now attached. Officer Recommendation:

That Council adopts the Procurement Policy 2017.


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12. CS.2 PROCUREMENT POLICY 2017 (Continued)

Introduction The genesis of the Procurement Policy is the Local Government Act which states that Council (a) must have a Procurement Policy, (b) must comply with its Procurement Policy and (c) must review its Procurement Policy at least once in each financial year. The Act also states that a “Procurement Policy means the principles, processes and procedures that will apply to all purchases of goods, services and works by the Council”. Council adopted its most recent version of the Policy in February 2016, during the 2015/16 financial year. Purpose The purpose of the Procurement Policy is to confirm the principles, internal controls and delegations that apply to the purchasing of goods and services, or undertaking works (such as construction and maintenance) thereby ensuring that Council continues to –

Enhance the accountability and transparency of its procurement practices.

Achieve good value for money and receive the benefits normally expected by seeking prices in a competitive market.

Delegate appropriate levels of responsibility and control to Officers. Principles In the context of procurement, the Policy defines the principles of –

Value For Money

Fair Competition

Accountability

Probity

Environmentally Responsible Procurement

Socially Responsible Procurement

Managing Risk

Confidential Information

Conflict Of Interest


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12. CS.2 PROCUREMENT POLICY 2017 (Continued) Evaluation Criteria (Selection Criteria)

The following mandatory criteria are used to evaluate submitted tenders:

Price

Relevant Experience

Methodology

Compliance to the Specification

Environmental Benefit

Workplace Health and Safety

Risk and Insurance

Conflict of Interest

As each project is different, it is left to the discretion of the evaluation team to apply relevant weightings to each criteria prior to the tender being released. No mandatory requirements exist regarding the weighting of each criteria, other than all mandatory criteria must be used. Additional prescribed discretionary criteria can be added to this list that may be relevant to specific contracts.

Support of Local Business The Local Government Act states that the primary objective of a council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions. In seeking to achieve its primary objective, a council must promote the social, economic and environmental viability and sustainability of the municipal district. Furthermore our “Council Plan” states that Council’s Goal is a local economy, which is diverse, strong and prosperous. The principle of supporting local business means that, in terms of procurement, Council is prepared to consider paying more for goods, services and works from a local business rather than a non-local business provided that –

the price is no more than 5% higher than the lowest price; and

the price difference does not exceed $5,000; and

the evaluation reveals that the local business’s goods, services or works are of equal or better quality than the lowest priced quote/tender from a non-local business.

These considerations are not a factor in the initial tender scoring process but are able to be applied on discretion of the tender evaluation team following the completion of the tender scoring.


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12. CS.2 PROCUREMENT POLICY 2017 (Continued) Governance Council maintains Financial Delegations to ensure there is accountability and traceability in all procurement decisions. The Financial Delegations also mean that procurement may be conducted in an efficient and timely manner and thus avoids suppliers having to wait unreasonable periods of time for a decision and payment. Delegated authority is determined by the monetary value and Council’s Financial Delegations are shown in Appendix 1 of the Procurement Policy. The Financial Delegations authorise specified Council Staff to accept a quote or tender, award a contract, approve a purchase order and authorise a payment for a budgeted item without prior referral to Council. If the value of the contract exceeds the Chief Executive Officers delegated level, then, unless Council specifically delegates authority by resolution, an evaluation report including a recommendation shall be submitted to a Council meeting for a decision. A report on all proposed contracts, is presented to Council on a monthly basis. This report provides Council with a very brief summary of proposed contracts, which are being advertised and also indicates whether or not delegated authority to award the contract is expected to exist. This report provides Council with the opportunity to (a) specifically grant delegated authority to the Chief Executive Officer where above their delegated authority and/or (b) specifically review the delegated authority to award a contract(s). Furthermore, a confidential report that summarises the status of tenders from specification stage to contract awarded stage is regularly issued to all Councillors. The report is confidential because it provides estimates of the expected value of the contracts (prior to tenders being invited). The report also indicates whether or not delegated authority to award the contract is expected to exist. Procurement Policy 2017 Updates

The 2017 Procurement Policy is broadly consistent with the 2016 adopted policy, with an attached version outlining the changes made between versions. Notably the following two sections have been updated:

2.5 Environmentally Responsible Procurement Further context has been provided to section 2.5 to guide the tender evaluation process, for when consideration is given to a tenderers’ environmental benefit.


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12. CS.2 PROCUREMENT POLICY 2017 (Continued)

6.2 Exceptions to raising a Purchase Order

A number of additional categories have been added to the exceptions to raising a purchase order, which control the application of budgeted expenditure. These exceptions exist to provide for expenditure which is related to:

Variable charges which are budgeted for under larger contracts for services e.g. phone usage charges;

Items which are purchased via other controlled processes e.g. corporate credit card expenditure;

Expenditure on items for which a mandated or contracted supplier exists e.g. VIC roads registration and road tolls; and

Minor budgeted expenditure, including items which are considered urgent in nature e.g. medical attention.

The additional exceptions that have been added to the Procurement Policy 2017 are in line with the above noted categories for exception. It should be noted that even where a purchase order has not been raised the related invoice payments are approved by an officer with the appropriate financial delegation.

Conclusion The Procurement Policy 2017 remains consistent with the requirements of the Local Government Act. It provides officers with sound principles and a defined control structure for the procurement process. It is recommended that Council adopts the Procurement Policy 2017.


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12. CS.3 REPORT FROM THE AUDIT COMMITTEE MEETING HELD ON 17 MAY 2017

Officer: John Hausler, Director Corporate Services File Ref: F1301-03

Council Plan Relationship: We proactively engage with, and

demonstrate accountability to, the community

Synopsis: The most recent Audit Committee meeting was held on 17 May 2017 and the Minutes from that meeting have been distributed to all Councillors. The meeting discussed a number of different matters including the rolling internal audit program, the Statutory Planning Internal Audit, the Disaster Recovery Planning Review Internal Audit, the 2017/18 – 2019/20 Strategic Audit Plan and the 2017/18 Budget.


That Council note the report together with the minutes from the Audit Committee meeting held on 17 May 2017.


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12. CS.1 REPORT FROM THE AUDIT COMMITTEE MEETING HELD ON 17 MAY 2017 (Continued)

The most recent Audit Committee meeting was held on 17 May 2017 and the minutes from that meeting have been distributed to all Councillors. A summary of the items discussed appears below: 1. Internal Audit Plan – The latest progress of the Internal Auditor in

completing the internal audit plan was discussed. Importantly the May meeting completed an internal audits for 2016/17.

2. Audit Actions Progress Report – The latest version of Management’s

regular report on the progress towards completing Audit Actions was discussed. The report included 15 new actions from the Internal Audit Local Laws, Infringements and Enforcement, resulting in 20 outstanding Actions. Nearly all of the outstanding Actions are on target to be completed as planned.

3. Internal Audit Statutory Planning – The Auditor’s report on the adequacy

of the planning application process and timeframes, registration of information, appropriate use of electronic systems, documents and files and compliance with delegations was presented for discussion. The Auditor made six recommendations, of which all were accepted by Management.

4. Internal Audit Disaster Recovery Planning Review - The Auditor’s report

on the adequacy of the Disaster Recovery Plan (DRP) methodology, alignment with organisational objectives and directions, content and associated maintenance, training and testing was presented for discussion. The Auditor made eight recommendations, of which Management agreed with six entirely and in part with two. For the two that were agreed to in part, Management outlined its alternative solutions to the identified areas of improvement from the audit.

5. Strategic Audit Plan 2017/18 – 2019/20 – The committee endorsed the

Strategic Audit Plan for 2017/18 to 2019/20 which included the range and a brief scope of intended internal audits for 2017/18. These audits include the following areas:

Tendering Processes;

Libraries;

Kerbside Waste Handling – General and Recycling; and

Capital Works Management. 6. The committee discussed the 2017/18 budget document and whilst noting

the good work of officers and Councillors also suggested a number of areas of improvement and focus for future budget documents.


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13. CW.1 FOOTBALL NETBALL OVAL LIGHTING PROJECTS Officer: Rod Clough, Manager Recreation and Sport File Ref: PR16-26 Council Plan Relationship: A high performing organisation -

We proactively engage with, and demonstrate accountability to, the community; and build and sustain financial strength.

Synopsis:

Council currently has two projects underway to upgrade oval and netball court lighting at Gilbert Gordon Oval in Woodend and Tony Clarke Reserve in Macedon. Both projects have confirmed Sport and Recreation Victoria funding of $100,000 each and also include a contribution of $70,000 each from the two principal senior football netball clubs at each reserve. Council funds for the Woodend project are included in the 2016/17 Council budget whilst the Council funds for the Macedon project are included in the draft 2017/18 Budget. Both clubs have approached Council seeking financial support via a loan guarantee to fund part of their contribution of up to $50,000 although it is likely to be less with fund raising currently occurring. Council has in the past supported loans to sports clubs for such projects subject to an assessment by Council’s Manager of Finance of the individual club’s capacity to meet the loan repayment commitments. An assessment of the Woodend Hesket Football Netball Club finances has occurred. .


That Council: 1. Agree to act as guarantor for a bank loan of up to $50,000 to the

Woodend Hesket Football Netball Club to enable the club to makes its contribution to the Gilbert Gordon oval and netball lighting project; and

2. Agree to act as guarantor for a bank loan of up to $50,000 to the Macedon Football Netball Club subject to approval by the Manager of Finance and confirmation of Council’s commitment to the project in the 2017/18 budget to enable the club to makes its contribution to the Tony Clarke Reserve oval and netball lighting project.

3. Directs officers to develop a loan guarantee policy for their consideration to guide future requests for Council to act as loan guarantor.


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13. CW.1 FOOTBALL NETBALL OVAL LIGHTING PROJECTS (Continued)

Purpose To seek Council approval to act as guarantor for loans to be taken out by the Woodend Hesket Football Netball Club (WHFNC) and the Macedon Football Netball Club (MFNC) for their contributions to the oval and netball court lighting projects at Gilbert Gordon oval in Woodend and Tony Clarke Reserve in Macedon respectively. Background The 2016/17 budget includes a capital project to upgrade oval and netball court lighting at the Gilbert Gordon Oval, Woodend.

Currently Council is aiming to provide Australian Standard lighting to major sports fields and associated netball courts across the shire and have achieved that so far at Dixon Field, Romsey Park, Gardiner Reserve and Kyneton Showgrounds. Gilbert Gordon oval and Tony Clarke reserve are the next projects planned. The budgeted project cost for the Gilbert Gordon oval project is $375,000 which is to be funded by:

- $100,000 grant from Sport and Recreation Victoria (confirmed) - $205,000 from Council (allocated in the 2016/17 budget) - $70,000 contribution from the WHFNC

The budgeted project cost for the Tony Clarke Reserve project is $428,000 which is to be funded by:

- $100,000 grant from Sport and Recreation Victoria (confirmed) - $258,000 from Council (in the 2017/18 draft budget) - $70,000 contribution from the MFNC

The difference in project costs primarily relates to the differences in electrical system upgrades required at the respective reserves. The funding for these projects is a partnership between Council, the State Government and the community via the clubs. The club contributions represent a significant commitment and challenge for those clubs however is vitally important in enabling Council to expedite the program to light all major sports fields across the shire. Such commitments are also favorably looked upon by funding programs as they also demonstrate the community desire for the project. In December 2016, WHFNC approached Council officers seeking financial support to fund part of their contribution. Following discussions, the club formally requested that Council act as a guarantor to a bank loan to enable the club to fund their contribution to the project.


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MFNC have recently also approached Council with a similar request. It is important to note that Council requires the club’s contribution prior to letting the works. For lighting projects in particular it is important to let the works as soon as possible because of the time lag in having the light poles delivered from overseas. Council has in the past supported loans to sports clubs for such projects including for tennis clubs and more recently for the Romsey Football Netball Club and the Kyneton Football Netball Club lighting projects. Council’s support for such borrowings by clubs is conditional upon Council’s Manager of Finance being satisfied with the particular club’s financial capacity to service the loan. To date all clubs have honored their commitments recognizing the importance of this process for such clubs and projects going forward. It is however prudent for Council to review such arrangements and as such it is recommended that Council develop a policy to guide future requests for Council to guarantee loans.

Consideration In terms of the request by the WHFNC the Manager of Finance has reviewed the club’s 2016 financial statements and based on the information provided is satisfied with the club’s capacity to repay a loan of up to $70,000 in the future. In terms of the request by the MFNC the Manager of Finance is still to review the club’s 2016 financial statements and the club’s capacity to repay a loan as requested. As a result the recommendation is conditional upon a satisfactory review. If the Council was to act as guarantor then in the event the clubs were unable to repay the loans the Council would become liable for the repayment of the loan. Council is also required to disclose the nature and amount of any loan guarantees in its annual financial statements.

In the case of these projects whilst the WHFNC and MFNC are the principal clubs they have worked with and received the co-operation of other clubs at their respective reserves to share the contribution. Because of this a component of the required funds currently exist and the loans are required to top up the contribution to enable the projects to proceed as soon as possible. As a result the clubs are seeking Council support for loans of up to $50,000 for the projects but it is likely to be less.


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Next Steps Should Council agree to support the requests the actions required to arrange the loans and the remaining financial commitment from the clubs will be undertaken through June with the intention to award the contract for Gilbert Gordon oval in August and tender the Tony Clarke project as soon as possible should the 2017/18 Council budget be confirmed. As the works at Gilbert Gordon oval have already been tendered it is anticipated that the project will be completed in time for the 2018 football netball season. This Gilbert Gordon oval project will be undertaken concurrently with the construction of the new pavilion over the 2017/18 off season (budget approval pending). Once the Gilbert Gordon oval pavilion and lighting projects are complete, and following the reconstruction of the oval in 2015, this will represent the largest contribution of Council funds (approximately $2M) to a major sports field in Council’s history.


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13. CW.2 STATE GOVERNMENT COMMUNITY SPORTS INFRASTRUCTURE FUND 2018-19

Officer: Rod Clough, Manager Recreation and Sport File Ref: F2912-04

Council Plan Relationship: An inspiring place - Our

infrastructure supports the needs of future generations Attachment: Summary of submissions

Synopsis:

The State Government’s 2018-19 Community Sports Infrastructure Fund (CSIF) is an annual funding program that provides grants for planning, building and improving local community sport and recreation facilities. In March this year, Council invited Expressions of Interest (EOI) from local sporting clubs, and officers have undertaken a process to ascertain projects to submit to the various funding categories, with the aim to maximise the chances of success in this highly competitive program. A range of projects have been recommended for EOI submission to the CSIF. The remaining projects are to be referred to alternative funding programs.


1. That Council submit the following applications to the 2018/19 round

of the Community Sports Infrastructure Fund as detailed in Table 2 of this report:

Gisborne Tennis Club – lights and court resurfacing.

Kyneton Soccer Club – ground lighting.

Malmsbury Cricket Club – cricket facility upgrade.

Gardiner Reserve – upgrade facilities to cater better for female participation.

Retrofit existing change rooms at Macedon, Riddells Creek and Lancefield.

2. That Council thank the following clubs for their expression of interest

in applying to the Community Sports Infrastructure Fund, advise them that they were unsuccessful on this occasion and refer them to alternative funding programs:

Kyneton Football Netball Club

Kyneton Pony Club

Kyneton Adult Riders Club

IR Robertson Reserve users

Macedon Ranges Croquet Club


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13. CW.2 STATE GOVERNMENT COMMUNITY SPORTS INFRASTRUCTURE FUND 2018-19 (Continued)

Background The State Government announced the 2018-19 Community Sports Infrastructure Fund (CSIF) on 30 March, 2017. The CSIF is an annual funding program that provides grants for planning, building new and improving local community sport and recreation facilities. Funding is available under a number of categories and those relevant to clubs include: Minor Facilities – Grants for up to $100,000 are available for a variety of projects. Previous grants achieved via this category include multi-purpose courts, skate parks and equestrian arenas. Cricket Facilities – Grants of up to $100,000 for cricket specific infrastructure. Female Friendly Facilities – grants of up to $100,000 to build new or upgrade existing change facilities to promote female and family friendly environments. These categories require a local funding contribution towards projects at a ratio of $2:$1. That is, to apply for a grant of $100,000 a local contribution of $50,000 would be required. Each Council is able to submit a maximum of three applications to the Minor Facilities and Cricket Facilities categories combined, and, for this round, a maximum of three applications to the Female Friendly Facilities category. The application process is in two stages: Stage 1 – Council must submit preferred projects via expressions of interest to the State Government by 7 June 2017 for assessment. Council will be informed from 24 July 2017 onwards as to which projects the State Government would like to see progress to full application. Stage 2 – Full applications are due to be submitted by Council to the State Government by 11 September 2017 with announcements of successful projects due in November 2017. Process: Community Consultation In anticipation of the CSIF program launch, an Expression of Interest (EoI) process was undertaken with local sporting clubs in March 2017.


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The process was advertised in local papers and on Council’s website. All sporting clubs on Council’s recreation database were emailed the information, and hard copies were mailed to clubs without access to email. A total of eight community EOI submissions were received and are provided in Attachment 1.

Assessment All EOI’s have been assessed against the funding criteria, guided by Council’s 2006-2016 Leisure Strategy Plan and considered in relation to the draft Leisure Strategy 2017-27 investigations to date.

It is important that Council submit robust applications to maximise the chance of funding being attracted to the Macedon Ranges community. As a result some projects were deemed to meet the criteria better than others and have been recommended and / or in consultation with the relevant club, amended to maximise the chance of funding success. The unsuccessful projects are still important projects to the clubs that submitted them and where possible, these projects will be referred to more relevant funding programs such as the State Government Country Football Netball Program, Small Equipment Grants Scheme, or Council’s Community Grants Scheme. Details of the assessment are outlined in Attachment 1 and in particular note: The Malmsbury Cricket Club has been identified as a priority project by the State Government, following a visit by the Minister for Sport in March 2017. The project includes improvements to a range of facilities at the reserve and is not solely a cricket training nets project. The original Gisborne Tennis Club submission requested the construction of four new tennis courts and lighting. The Leisure Strategy 2017-27 investigations currently do not identify the need to develop additional tennis courts in the shire apart from Riddells Creek, however it does identify the need to light existing courts. Following discussions with the Gisborne Tennis Club the project has been modified to an application for funding to light the remaining two courts and the resurfacing of some courts with a different surface. Costs are to be confirmed but no direct financial contribution from Council is sought. Further work will be required with the club to fully scope the project, should the project be invited to submit a full application.


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The Kyneton Soccer Club have submitted an application for funding to upgrade the sports ground lighting at Barkly Square. The club have costed the project at $139,000, however a lighting plan and costings for the reserve are currently being developed. Previous lighting projects have been in the vicinity of $250,000 - $400,000 dependent upon the availability of sufficient power to the reserve. Again this project is supported subject to final cost estimates and is expected to require a Council contribution similar to oval lighting projects completed in recent years. If successful this project would continue Council’s aim to provide Australian Standard lighting to its major sports fields. All projects submitted, if successful will be subject to Council’s 2018/19 budget approval.

Female Friendly Facility Applications This year Councils are eligible to apply for up to three applications to the Female Friendly Facility Category. One application for this category was received from the Kyneton Football Netball Club to undertake some works to the pavilion at Oval 2, at a total cost of $13,500. Council’s Community Funding Scheme could partly fund this cost and achieve the project before 2018/19.

The current proposed works at Gilbert Gordon oval and Kyneton Showgrounds main oval are proposed for 2017/18 and not 2018/19 and have therefore not been recommended. Whilst not a club initiated project it is proposed to submit an application for planned works to change rooms at Gardiner Reserve for 2018/19. This reserve has been deemed a regional level facility by the AFL, is the shire’s most utilised oval and hosts both female cricket and football. The current facilities lack suitable amenities for female participants and umpires. It is also proposed to develop a combined application to retrofit existing change rooms at the main sports ovals in Macedon, Riddells Creek and Lancefield to make them female friendly. If successful this would result in all major sports fields in the Macedon Ranges providing a level of female friendly facilities until such time that more major upgrades can be achieved in the future.


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Table 2 - Projects recommended for submission (some costs estimated at this stage)

Club Project Total Project Cost

Grant Amount

Requested

*Council Funds

Requested

Club Funds

Minor Category

Gisborne Tennis Club - amended

Light remaining two courts and court resurfacing

~ $150,000 $100,000 0 ~$50,000

Kyneton Soccer Club - amended

Ground lighting project

~$300,000 $100,000 ~$150,000 $50,000

Cricket Facilities

Malmsbury Cricket Club

Cricket facility upgrade

$150,000 $100,000 $30,000 $15,000 (+$5,000

in kind)

Female Friendly Facilities

Gardiner Reserve

Upgrade facilities to cater for female participation

~$400,000 $100,000 ~ $300,000 0

Various Retrofit existing change rooms at Macedon, Riddells Creek and Lancefield

~ $200,000 $100,000 $100,000 0

* Where a Council contribution is sought the project will be referred to Council’s 2018/19 budget process. Council at that time will determine on its contribution.

Other issues Other CSIF funding categories include: Better Pools – Grants of up to $3 million are available to provide high-quality aquatic leisure facilities through new or redeveloped aquatic leisure centres. Major Facilities – Grants of up to $650,000 (where the total project cost is more than $500,000, excluding GST) are available to develop or upgrade sub-regional and regional sport and recreation facilities. Small Aquatic Projects – Grants of up to $200,000 are available to improve and upgrade aquatic facilities, seasonal pools and develop new water play spaces.


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Council can make one application in total to any of the above three categories. There are substantive requirements for each category and in particular the need for strategic and detailed planning and feasibility. Currently Council does not have a Better Pools project in planning but is in the process of undertaking planning for a potential Major Facilities project (New Gisborne Sports Fields). This planning is not complete and as a result should be considered in the next round which is expected to be in 2018. Council does have the strategic and master planning in place for improvements to its outdoor pools however no proposal is currently being considered under the Small Aquatic Projects. Conclusion Council and the community have achieved a great many projects over the years with the support of the State Government’s sports and recreation funding program by submitting strong applications that in most instances involve substantial community contributions. The recommended projects to be submitted for funding in 2018/19 are strong projects under the respective criterion and are well placed to be successful applications.


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14. ASSETS AND OPERATIONS DIRECTORATE REPORTS

Nil


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15. NOTICES OF MOTION

Notice of Motion No. 25/2016-17 – Councillor Mees That council:

Investigate options to protect the airspace at and surrounding

Kyneton Airfield to improve the safe operation of aircraft, with a view

to ensuring all obstacles, including any pre-existing, natural or

manmade, are maintained well-below Obstacle Limitation Surfaces

Seek to complete the Kyneton Airfield Master Plan promptly, and

embed planning objectives and principles to safeguard Kyneton

Airfield airspace into the Macedon Ranges Planning Scheme.

Notice of Motion No: 26/2016/217 – Cr Natasha Gayfer That Council: 1. Request that a report be presented to the July Council Meeting on the

process of developing a mechanism to address signage in the shire,

which includes:

1.1 How Council may establish community standards and expectations

on commercial and community signage with reference to issues such

as gambling, and gender, racial and sexual equality

1.2 How Council may identify business and corporate organisations’

expectations relating to commercial and community signage

1.3 How Council would identify the existing planning and regulatory

controls that apply to the placement of signage on private and public

lands and what further policy and/or guidelines would be required to

support Council’s objectives

1.4 How Council should engage with community groups, sporting clubs,

public organisations and business, tourism and corporate

organisations on this task

1.5 Recommendations for an appropriate mechanism to address these

issues

1.6 The timeframes and resources required to complete this development.

Background

Community members raised concerns recently about gambling advertising

on a sign installed on public land in the shire. Whilst this was eventually

resolved, the incident highlighted an opportunity for council to provide


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guidance on signs that reflect community values. Council can play a role in

working with the community to minimise harm from activities such as

gambling, and promote standards of equality and acceptance. A consistent

signage policy will be a contributing factor towards this.

Notice of Motion No: 27/2016/217 – Cr Roger Jukes

That council review the following sections in Local Law # 10 Part 3

Clause 21 use of scare guns

Clause 24 Motorised Recreation Vehicle. That council under take this review in the next 8 months. BackGround. Issues have arisen within the community that these clauses are not providing the assistance they are designed to provide

Notice of Motion No: 28/2016/217 – Cr Andrew Twaits

That Council instruct officers to investigate the introduction of a special interest number plate promoting the Macedon Ranges, with the scope of such investigation to include cost, potential levels of demand, design options and other matters considered relevant by officers.

16. URGENT AND OTHER BUSINESS

In accordance with Council's Local Law No. 9 Meeting Procedure, business which has not been listed on the Agenda may only be raised as urgent or other business by resolution agreed by Council.

17. CONFIDENTIAL REPORTS

Nil

18. DIVISION 1A – CONDUCT AND INTERESTS

76B. Primary principle of Councillor conduct

It is a primary principle of Councillor conduct that, in performing the role of a Councillor, a Councillor

must—

(a) act with integrity; and

(b) impartially exercise his or her responsibilities in the interests of the local community; and

(c) not improperly seek to confer an advantage or disadvantage on any person.

76BA. General Councillor conduct principles

In addition to acting in accordance with the primary principle of Councillor conduct specified in

section 76B, in performing the role of a Councillor, a Councillor must—

(a) avoid conflicts between his or her public duties as a Councillor and his or her personal

interests and obligations;

(b) act honestly and avoid statements (whether oral or in writing) or actions that will or are likely

to mislead or deceive a person;

(c) treat all persons with respect and have due regard to the opinions, beliefs, rights and

responsibilities of other Councillors, Council staff and other persons;

(d) exercise reasonable care and diligence and submit himself or herself to the lawful scrutiny that

is appropriate to his or her office;

(e) endeavour to ensure that public resources are used prudently and solely in the public interest;

(f) act lawfully and in accordance with the trust placed in him or her as an elected representative;

(g) support and promote these principles by leadership and example and act in a way that secures

and preserves public confidence in the office of Councillor.

76C. Councillor Code of Conduct

(1) A Council must develop and approve a Councillor Code of Conduct for the Council within 12

months after the commencement of section 15 of the Local Government Amendment

(Councillor Conduct and Other Matters) Act 2008.

(2) A Council must review the Councillor Code of Conduct within the period of 12 months after a

general election.

(3) A Councillor Code of Conduct—

(a) must include the Councillor conduct principles;

(b) may set out processes for the purpose of resolving an internal dispute between

Councillors;

(d) must include provisions in respect of any matter prescribed for the purpose of this

section;

(e) may include any other matters relating to the conduct of Councillors which the

Council considers appropriate.

(5) A Councillor Code of Conduct must not be inconsistent with any Act or regulation.

(5A) A Councillor Code of Conduct is inoperative to the extent that it is inconsistent with any Act

or regulation.

(6) A copy of the current Councillor Code of Conduct must be—

(a) given to each Councillor;

(b) available for inspection by the public at the Council office and any district offices.

(7) On and from the commencement of section 15 of the Local Government Amendment

(Councillor Conduct and Other Matters) Act 2008, a Councillor Code of Conduct is taken

to include the Councillor conduct principles.

76D. Misuse of position

(1) A person who is, or has been, a Councillor or member of a special committee must not misuse

his or her position—

(a) to gain or attempt to gain, directly or indirectly, an advantage for themselves or for

any other person; or

(b) to cause, or attempt to cause, detriment to the Council or another person.

Penalty: 600 penalty units or imprisonment for 5 years or both.

(2) For the purposes of this section, circumstances involving the misuse of a position by a person

who is, or has been, a Councillor or member of a special committee include—

(a) making improper use of information acquired as a result of the position he or she

held or holds; or

(b) disclosing information that is confidential information within the meaning of section

77(2); or

(c) directing or improperly influencing, or seeking to direct or improperly influence, a

member of Council staff in contravention of section 76E; or

(d) exercising or performing, or purporting to exercise or perform, a power, duty or

function that he or she is not authorised to exercise or perform; or

(e) using public funds or resources in a manner that is improper or unauthorised; or

(f) failing to disclose a conflict of interest as required under this Division.

(3) This section—

(a) has effect in addition to, and not in derogation from, any Act or law relating to the

criminal or civil liability of Councillors or members of special committees; and

(b) does not prevent the institution of any criminal or civil proceedings in respect of that

liability.

76E. Improper direction and improper influence

(1) A Councillor must not improperly direct or improperly influence, or seek to improperly direct

or improperly influence, a member of Council staff in the exercise of any power or in the

performance of any duty or function by the member.

(2) A Councillor must not direct, or seek to direct, a member of Council staff—

(a) in the exercise of a delegated power, or the performance of a delegated duty or

function of the Council; or

(b) in the exercise of a power or the performance of a duty or function exercised or

performed by the member as an authorised officer under this Act or any other Act; or

(c) in the exercise of a power or the performance of a duty or function the member

exercises or performs in an office or position the member holds under another Act; or

(d) in relation to advice provided to the Council or a special committee, including advice

in a report to the Council or special committee.

(3) This section does not apply to a decision of the Council or a special committee that is made

within the powers, duties or functions conferred under this or any other Act.

77. Confidential information

(1) A person who is, or has been, a Councillor or a member of a special committee, must not

release information that the person knows, or should reasonably know, is confidential

information.

(2) For the purposes of this section, information is “confidential information” if—

(a) the information was provided to the Council or a special committee in relation to a

matter considered by the Council or special committee at a meeting closed to

members of the public and the Council or special committee has not passed a

resolution that the information is not confidential; or

(b) the information has been designated as confidential information by a resolution of the

Council or a special committee which specifies the relevant ground or grounds

applying under section 89(2) and the Council or special committee has not passed a

resolution that the information is not confidential; or

(c) subject to sub-section (3), the information has been designated in writing as

confidential information by the Chief Executive Officer specifying the relevant

ground or grounds applying under section 89(2) and the Council has not passed a

resolution that the information is not confidential.

(3) Confidential information referred to in sub-section (2)(c) ceases to be confidential at the

expiry of the period of 50 days after the designation is made unless sub-section (2)(a) or (2)(b)

applies to the information.

77A. Direct and indirect interests

(1) A relevant person has a conflict of interest in respect of a matter if the relevant person has a

direct interest or indirect interest in the matter.

(2) A relevant person has a direct interest in a matter if the relevant person has an interest of a

kind described in section 77B.

(3) A relevant person has an indirect interest in a matter if the relevant person has—

(a) a close association as specified in section 78; or

(b) an indirect financial interest as specified in section 78A; or

(c) a conflicting duty as specified in section 78B; or

(d) received an applicable gift as specified in section 78C; or

(e) become an interested party as specified in section 78D; or

(f) a residential amenity that may be altered as specified in section 78E.

(4) A relevant person does not have a conflict of interest in a matter if the direct interest or

indirect interest of the relevant person is so remote or insignificant that the direct interest or

indirect interest could not reasonably be regarded as capable of influencing any actions or

decisions of the relevant person in relation to the matter.

(5) A relevant person does not have a conflict of interest in a matter if the direct interest or

indirect interest the relevant person holds—

(a) is held as a resident, ratepayer or voter and does not exceed the interests generally

held by other residents, ratepayers or voters; or

(b) is held in common with a large class of persons and does not exceed the

interests generally held by the class of persons.

(6) A relevant person does not have a conflict of interest in a matter if the relevant person—

(a) does not know the circumstances that give rise to the conflict of interest; and

(b) would not reasonably be expected to know the circumstances that give rise to the

conflict of interest.

77B. Direct interest

(1) A person has a direct interest in a matter if there is a reasonable likelihood that the benefits,

obligations, opportunities or circumstances of the person would be directly altered if the

matter is decided in a particular way.

(2) Without limiting subsection (1), a person has a direct interest in a matter if—

(a) there is a reasonable likelihood that the person will receive a direct benefit or loss

that can be measured in financial terms if the matter is decided in a particular way;

(b) the person has, or the person together with a member or members of the person's

family have, a controlling interest in a company or other body that has a direct

interest in the matter.

(3) A person who has a membership in a club or organisation that has a direct interest in a

matter—

(a) does not, by reason of that membership, have a direct interest in the matter under

subsection (1); and

(b) does not have an indirect interest in the matter, by reason of that membership, unless

the person has an indirect interest in the matter under section 78A, 78B or 78C.

(4) In subsection (2), controlling interest has the same meaning as it has in section 72(2) of the

Payroll Tax Act 2007.

78. Indirect interest by close association

(1) In this section—

daughter means a biological daughter, step-daughter, adopted daughter, or female child for

whom the person has custodial responsibilities;

direct relative means the spouse, domestic partner, son, daughter, mother, father, brother or

sister of the person;

domestic partner of a person means—

(a) a person who is in a registered relationship with the person; or

(b) an adult person to whom the person is not married but with whom the

person is in a relationship as a couple where one or each of them provides

personal or financial commitment and support of a domestic nature for the

material benefit of the other, irrespective of their genders and whether or not

they are living under the same roof, but does not include a person who

provides domestic support and personal care to the person—

(i) for fee or reward; or

(ii) on behalf of another person or an organisation (including a

government or government agency, a body corporate or a

charitable or benevolent organisation);

family member means—

(a) a spouse or domestic partner of the person; or

(b) a son, daughter, mother, father, brother or sister that regularly resides with

the person;

relative means—

(a) a direct relative of the person;

(b) a direct relative of a person who is the direct relative of the person;

son means a biological son, step son, adopted son or male child for which the person has

custodial responsibilities.

(2) A person has an indirect interest by close association in a matter if—

(a) a family member of the person has a direct interest or an indirect interest in a matter;

or

(b) a relative of the person has a direct interest in a matter; or

(c) a member of the person's household has a direct interest in a matter.

(3) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered relationship has the same meaning as in the Relationships Act 2008; and

(b) in determining whether persons who are not in a registered relationship are domestic

partners of each other, all the circumstances of their relationship are to be taken into

account, including any one or more of the matters referred to in section 35(2) of the

Relationships Act 2008 as may be relevant in a particular case; and

(c) a person is not a domestic partner of another person only because they are co-tenants.

78A. Indirect interest that is an indirect financial interest

(1) A person has an indirect financial interest in a matter if the person is likely to receive a benefit

or incur a loss, measurable in monetary terms, as a consequence of a benefit received or loss

incurred by another person who has a direct or indirect interest in the matter.

(2) Without limiting subsection (1), a person has an indirect financial interest that is a conflict of

interest if—

(a) the person has a beneficial interest in shares of a company or other body that has a

direct interest in the matter, except in the circumstances specified in subsection (3);

(b) the person is owed money from another person and that other person has a direct

interest in the matter.

(3) If a person, and family members of the person, hold shares in a company or body that has a

direct or indirect interest in a matter with a combined total value that does not exceed $10 000

and the total value of issued shares of the company or body exceeds $10 million, the person's

indirect financial interest is not a conflict of interest.

(4) Subsection (2)(b) does not apply if the other person is an authorised deposit-taking institution.

(5) For the purposes of determining the value of shares under this section, the share value is to be

taken from—

(a) the close of business on the most recent of 30 June or 31 December; or

(b) if the person has lodged an ordinary return since the most recent of 30 June or 31

December, the close of business on the date the return was submitted.

78B. Indirect interest because of conflicting duties

(1) A person has an indirect interest in a matter because of a conflicting duty if the person—

(a) is a manager or a member of a governing body of a company or body that has a direct

interest in a matter;

(b) is a partner, consultant, contractor, agent or employee of a person, company or body

that has a direct interest in a matter;

(c) is a trustee for a person who has a direct interest in a matter.

(2) A person has an indirect interest in a matter because of a conflicting duty if the person held a

position or role specified in subsection (1) and, in that position or role, dealt with the matter.

(3) A person does not have an indirect interest because of a conflicting duty if—

(a) the person is, or has been, only an employee in the service of the Crown or of a body

established by or under any Act for a public purpose and the person has no current or

expected responsibilities as that employee in relation to a matter;

(b) the person only holds a position in a not-for-profit organisation for which the person

receives no remuneration and the person was appointed to the relevant special

committee of the Council to be a representative of the non-for-profit organisation;

(ba) the person only holds a position, with the Council's approval as a representative of

the Council, in an organisation for which the person receives no remuneration;

(c) the person is only a Councillor who holds a position in the Municipal Association of

Victoria or in another body that has the purpose of representing the interests of

Councils;

(ca) the person is only a member of the Planning Application Committee established

under Part 4AA of the Planning and Environment Act 1987 or a member or co-

opted member of a subcommittee of that Committee;

(d) the person only holds a position that has been prescribed for the purposes of this

section.

78C. Indirect interest because of receipt of an applicable gift

(1) In this section, applicable gift means one or more gifts with a total value of, or more than, the

gift disclosure threshold, received from a person or persons specified in subsection (2) in the 5

years preceding the decision or the exercise of the power, duty or function but does not

include—

(a) reasonable hospitality received by the person at an event or function the person

attended in an official capacity as the Mayor, a Councillor, a member of Council staff

or a member of a special committee; or

(b) a gift, other than an election campaign donation, that was received by the person

more than 12 months before the person became a Councillor, a member of Council

staff or a member of a special committee.

(2) A person has an indirect interest in a matter if the person has received an applicable gift,

directly or indirectly, from—

(a) a person who has a direct interest in the matter; or

(b) a director, contractor, consultant, agent or employee of a person, company or body

that the person knows has a direct interest in a matter; or

(c) a person who gives the applicable gift to the person on behalf of a person, company

or body that has a direct interest in the matter.

(3) For the purposes of determining when a person became a Councillor or member of a special

committee under subsection (1)(b), if the person is re-elected or reappointed as a Councillor or

a member of a special committee, on completion of his or her term of office, the previous term

of office served by that person as a Councillor or member of a special committee must be

counted as continuous service with any service completed by the person after the person's re-

election or reappointment.

78D. Indirect interest as a consequence of becoming an interested party

A person has an indirect interest in a matter if the person has become an interested party in the matter

by initiating civil proceedings in relation to the matter or becoming a party to civil proceedings in

relation to the matter.

78.E Indirect interest because of impact on residential amenity

A person has an indirect interest in a matter if there is a reasonable likelihood that the residential

amenity of the person will be altered if the matter is decided in a particular way.

79. Disclosure of conflict of interest

(1) If a Councillor or member of a special committee has a conflict of interest in a matter which is

to be considered or discussed at a meeting of the Council or the special committee, the

Councillor or member must, if he or she is attending the meeting, disclose the conflict of

interest in accordance with subsection (2).

(2) A Councillor or member of a special committee who has a conflict of interest and is attending

the meeting of the Council or special committee must make a full disclosure of that interest—

(a) by either—

(i) advising the Council or special committee at the meeting of the details

required under paragraphs (b) and (c) immediately before the matter is

considered at the meeting; or

(ii) advising the Chief Executive Officer in writing of the details required under

paragraphs (b) and (c) before the meeting; and

(b) classifying the type of interest that has given rise to the conflict as either—

(i) a direct interest; or

(ii) an indirect interest and specifying the particular kind of indirect interest

under section 78, 78A, 78B, 78C, 78D or 78E; and

(c) describing the nature of the interest; and

(d) if the Councillor or member advised the Chief Executive Officer of the details under

paragraph (a)(ii), the Councillor or member must make a disclosure of the class of

interest only to the meeting immediately before the matter is considered at the

meeting.

(3) For the purposes of section 79(2)(a)(i), if a Councillor or member of a special committee has a

conflict of interest in two or more matters which are to be considered or discussed

consecutively at a meeting of the Council or the special committee, the Councillor or member

may make a full disclosure of each of those interests immediately before the first matter is

considered at the meeting.

(5) The Chief Executive Officer must—

(a) keep written disclosures given to him or her under this section in a secure place for 3

years after the date the Councillor or member of a special committee who made the

disclosure ceases to be Councillor or member of a committee; and

(b) destroy the written disclosure when the 3 year period referred to in paragraph (a) has

expired.

(6) While the matter is being considered or any vote is taken in relation to the matter, the

Councillor or member of a special committee must—

(a) leave the room and notify the Mayor or the Chairperson of the special committee

that he or she is doing so; and

(b) remain outside the room and any gallery or other area in view or hearing of the room.

(7) The Mayor or the Chairperson of the special committee must cause the Councillor or member

of a special committee to be notified that he or she may return to the room after—

(a) consideration of the matter; and

(b) all votes on the matter.

(8) If a Councillor or member of a special committee discloses a conflict of interest, the Chief

Executive Officer or the Chairperson must record in the minutes of the meeting—

(a) the declaration of the conflict of interest; and

(b) the classification of the interest that has given rise to the conflict, and if the

Councillor or member has disclosed the nature of the interest to the meeting, the

nature of the interest.

(9) Unless section 80 applies, a Councillor or member of a special committee who fails to comply

with this section is guilty of an offence and liable to a fine not exceeding 120 penalty units.

79B. Conflicting personal interest

(1) This section does not apply to a Councillor or member of a special committee who has a

conflict of interest in the matter.

(2) If a Councillor or a member of a special committee considers that he or she has a personal

interest in relation to a matter that is in conflict with his or her public duty in relation to the

matter, the Councillor or member may, immediately before the matter is considered at the

relevant meeting, apply to the Council or special committee to be exempted from voting on

the matter.

(3) If a Councillor or member of a special committee makes an application under subsection (2),

he or she must give reasons in support of the application.

(4) A Council or special committee may consent to an application made under subsection (2) and

must not unreasonably withhold consent.

(5) If a Council or special committee consents to an application under subsection (4), sections

79(6), 79(7), 79(8) and 79(9) apply as if the personal interest that is the subject of an

application under subsection (2) were a conflict of interest specified under this Act.

79C. Certain situations where Councillor taken to not have a conflict of interest

(1) A Councillor is taken to not have a conflict of interest for the purposes of this Division if the

matter only relates to—

(a) the nomination or appointment by the Council of the Councillor to a position for

which the Councillor will not be remunerated;

(b) the election of the Mayor under section 71 or the appointment of an acting Mayor

under section 73(3);

(c) a decision in relation to the payment of allowances to the Mayor or Councillors under

section 74 or 74C(2);

(d) the adoption of a policy under section 75B in relation to the reimbursement of

expenses;

(e) the adoption of a Councillor Code of Conduct under section 76C;

(f) an application to a Councillor Conduct Panel or VCAT under Division 1B;

(g) an application for an exemption under section 80;

(h) the appointment of members and Chairpersons of special committees;

(i) a resolution that has the effect of making the Councillors eligible or ineligible for the

superannuation guarantee under taxation legislation;

(j) the conduct of a Councillor with respect to—

(i) an internal dispute that involves the Councillor;

(ii) an allegation of misconduct or serious misconduct (as defined in section

81A) by the Councillor;

(k) a submission provided to an electoral representation review under section 219F;

(l) a submission provided for the purposes of a subdivision review conducted under

section 219N.

(2) If a budget or revised budget to be approved by a Council includes funding for a matter in

respect of which a Councillor has a conflict of interest the Councillor is taken to not have a

conflict of interest for the purposes of approving the budget or revised budget if—

(a) the Council previously approved the matter and the proposed funding for the matter

for inclusion in the budget or revised budget; and

(b) the Councillor disclosed the nature of the conflict of interest under section 79

when the decision in respect of the matter and the proposed funding for the matter

was previously considered and made.

(3) If a Council Plan to be approved by a Council includes a matter in respect of which a Councillor

has a conflict of interest, the Councillor is taken to not have a conflict of interest for the

purposes of approving the Council Plan if—

(a) the Council previously approved the matter for inclusion in the Council Plan; and

(b) the Councillor disclosed the nature of the conflict of interest under section 79 when

the decision in respect of the matter was previously considered and made.

(4) If a Councillor with a conflict of interest referred to in subsection (2) or (3) notifies the Mayor or

Chairperson prior to the consideration of the budget, revised budget or Council Plan of the

conflict of interest, the Mayor or Chairperson must allow a prior motion to be put that the matter

or funding be considered for inclusion in the budget, revised budget or Council Plan.

79D. Person may make submission despite conflict of interest

(1) Subject to subsection (2), a relevant person who has a conflict of interest in a matter and who

has made a written submission under section 223 in respect of the matter, may present his or

her submission under section 223(1)(b) to the Council or committee of the Council.

(2) The relevant person who has a conflict of interest in a matter must not be at the meeting of the

Council or committee of the Council any longer than is required for the person to be heard in

support of the person's written submission.

Ordinary Council Meeting Wednesday 24 May 2017 at … Administration Centre 40 Robertson Street, ......

Documents

Transcript of Ordinary Council Meeting Wednesday 24 May 2017 at … Administration Centre 40 Robertson Street, ......