ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Purpose: We will provide leadership, good governance and engage with the community to grow the social, economic and environmental viability and sustainability of Indigo Shire.

HELD: Tuesday, 15 September 2020 at 6.30pm

LOCATION: Electronic Meeting via Zoom and broadcast on Council's Website

ATTENDEES: NAME TITLE Cr Jenny O’Connor Mayor Cr Sophie Price Deputy Mayor Cr Bernard Gaffney Councillor Cr Larry Goldsworthy Councillor Cr Barbara Murdoch Councillor Cr Diane Shepheard Councillor Cr James Trenery Councillor

Trevor Ierino Chief Executive Officer Mark Florence Director Community & Economic Development Greg Pinkerton Director Planning & Corporate Services Ian Ellett Director Infrastructure Services

Kathryn Baldock Secretariat

DraftVision: INDIGO: Heritage Shire - Bold Future.

These Minutes are not a verbatim transcript of the discussions in the Council meeting; a recording of this meeting can be found on Council’s webpage. Responses given by Councillors and Council Staff are the opinion of the individual responders, and accurate at the time of response, to the best of their knowledge. Page 1

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

TABLE OF CONTENTS

1. WELCOME ...... 4

2. ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF THE LAND ...... 4

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

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

5. CONDOLENCES ...... 4

6. COMMUNITY AND COUNCIL ACHIEVEMENTS ...... 4

7. CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S) ...... 5

7.1. SUSPENSION OF STANDING ORDERS REGARDING OPEN FORUM ...... 5

7.2. OPEN FORUM ...... 6

8. BUSINESS ARISING FROM PREVIOUS MEETING(S) ...... 8

9. PETITIONS ...... 9

10. PLANNING & CORPORATE SERVICES ...... 10 10.1 August 2020 Finance Report ...... 10 10.2 In Principle Adoption of Council's Annual Performance Statement and Financial Statements ...... 17 10.3 Borrowing and Investment Policy 2020 ...... 21 10.4 Planning Permit Application - PP19-0070 - 275 Yackandandah Road, Yackandandah ...... 26 10.5 Planning Permit ApplicationDraft - PP19-0278 - Subdivision of land at 46 Oak Avenue, Beechworth (Mayday) ...... 39 10.6 Planning Permit Application PP18-0074 - 12 Kirby Flat Road, Yackandandah ...... 47 10.7 Assembly of Councillors Records ...... 62

11. COMMUNITY & ECONOMIC DEVELOPMENT...... 65 11.1 Rutherglen Visitor Information Centre and Wine Sales/Liquor Licence ...... 65 11.2 Lakes and Waterways Activation Plan 2020-2030 ...... 72 11.3 Draft Ride It, Walk It, Indigo Plan 2020 ...... 82 11.4 Community Grants and Community Event Grants Assessment Criteria ...... 91 11.5 Indigo Shire Local Food Policy 2020...... 98

12. INFRASTRUCTURE SERVICES ...... 105 12.1 Beechworth to Yackandandah Rail Trail - Section 6 Construction Tender ...... 105

Page 2

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

12.2 Roadside Conservation Management Plan ...... 111 12.3 Climate Emergency Strategic Action Plan ...... 120 12.4 Proposed Naming of Roads in Beechworth ...... 130 12.5 Proposed Opening of Road Reserve at Besley Lane Kergunyah ...... 137 12.6 Late Business ...... 144

13. EXECUTIVE MANAGEMENT...... 145 13.1 Local Law No. 3 - Conduct at Meetings and Common Seal ...... 145 13.2 Council Action Plan ...... 151 13.3 Instrument of Appointment and Authorisation - Planning & Environment Act ...... 155 13.4 Appointment of Acting Chief Executive Officer ...... 160 13.5 Advisory Committee Minutes ...... 163

14. NOTICES OF MOTION ...... 166

15. COUNCILLORS REPORT ...... 167 15.1 Mayor's Diary August 2020 ...... 167

16. DECISIONS REGISTER ...... 168 16.1 Decisions Register ...... 168

17. GENERAL BUSINESS ...... 176

18. OPEN FORUM ...... 176

19. CONFIDENTIAL ...... 177 19.1 Cultural Heritage Advisory Committee - Appointment Recommendation ...... 178

Draft

Page 3

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

1. WELCOME

Mayor O’Connor welcomed all to this meeting of Council and noted that this meeting will be live streamed and recorded, and the voices and images of those participating in the meeting may be captured as part of this recording.

2. ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF THE LAND

Mayor O’Connor acknowledged the original custodians of the land that we are all meeting from tonight across Indigo Shire and paid respects to their elders past and present and welcomed any descendants who may be watching the meeting this evening.

Mayor O’Connor noted that as Councillors they have all taken an oath to carry out our duties in the best interests of the people of Indigo Shire and to do this in a fair and impartial manner. They are all committed to exercising the Council’s powers and functions to the best of their skills and judgement.

3. APOLOGIES AND LEAVE OF ABSENCE

Nil

4. DECLARATION OF CONFLICT OF INTEREST

Cr Goldsworthy declared a conflict of interest with Item 11.1 - Rutherglen Visitor Information Centre, due to an indirect interest due to conflicting duty. A written explanation has been provided to the CEO.

5. CONDOLENCES

Nil

6. COMMUNITY AND COUNCIL ACHIEVEMENTS

The Mayor acknowledged that tonight is the last Council meeting of this current term and that Cr Barb Murdoch and Cr JamesDraft Trenery have advised they will not be recontesting the October 24 election.

The Mayor thanked Cr Murdoch for her 15 years of outstanding service and dedication to Council and the community and wished her well for the future.

The Mayor thanked Cr Trenery for his advocacy work and commitment to Council and the community over the past eight years. She wished him and his family all the best.

The CEO also thanked both Cr Murdoch and Cr Trenery and wished them both the very best.

Page 4

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

7. CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S)

RESOLUTION

That Council:

1. Confirm the Minutes of the Ordinary Council Meeting held on 25 August 2020, as published on Council's website; and 2. Confirm the Minutes of the confidential session held on 25 August 2020, as distributed separately; and 3. Confirm the Minutes of the Special Council Meeting held on 8 September 2020, as published on Council's website.

Moved: Cr Price Seconded: Cr Murdoch

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

7.1. SUSPENSION OF STANDING ORDERS REGARDING OPEN FORUM

Given that this meeting is being held electronically without opportunity for a public gallery to attend in person, it is proposed that in order to provide the community the ability ask questions at Open Forum, that the Mayor be empowered to read out questions on behalf of the questioner.

Governance Rules s36 currently requires the questioner (or their representative) to be present in the meeting. It is proposed that standing orders be suspended to dispense with this requirement and that the Mayor read any questions put to the meeting without the questioner being present. TheDraft current requirement for questions to be received by council by no later than 5.00pm would remain unchanged.

It is further proposed that the Open Forum agenda item currently scheduled at Item 18 be brought forward to Item 7.2.

RESOLUTION

That Standing Orders be suspended to allow:-

1. Open Forum to be brought forward in the agenda to Item 7.2; and 2. The Mayor to read questions to Open Forum on behalf of the questioner without the requirement that the questioner or their representative be present at the meeting.

Moved: Cr Shepheard Seconded: Cr Price

Page 5

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

7.2. OPEN FORUM

Responses given by Councillors and Council Staff during Open Forum are the opinion of the individual responders, and accurate at the time of response, to the best of their knowledge.

Below is a summary of the open forum questions. For the full version, please refer to the live stream recording on Council’s website. https://www.indigoshire.vic.gov.au/AboutyourCouncil/Watch-Council-meetings

Robin McLiesh

Question 1 The decision as to whether the council should obtain a liquor licence to sell alcohol in our tourist information centres has become an issue between profits and our ethical and community health standards.

Will council delay a decision on this item until they obtain an accurate financial statement prepared by a professionally qualified member of our finance department to allow us to determine the value our councillors place on our community standards?

The Mayor responded:

This is coming to Council tonight. Councillors may choose to defer the motion, but at this stage it is on the agenda for decision.

Draft Question No 2.

When the vote on the decision to sell alcohol in our Visitor Information Centre is taken will the mayor ask for a division and have each councillor’s vote placed on record?

The Mayor responded:

I won’t ask for a division, as under our new rules all Councillor’s votes are recorded for every motion.

Page 6

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

RESOLUTION

That Standing Orders be resumed.

Moved: Cr Shepheard Seconded: Cr Price

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

Draft

Page 7

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

8. BUSINESS ARISING FROM PREVIOUS MEETING(S)

Nil reports

Draft

Page 8

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

9. PETITIONS

Nil reports

Draft

Page 9

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

10. PLANNING & CORPORATE SERVICES

10.1 AUGUST 2020 FINANCE REPORT File No: 2020/748 Phil Garoni - Manager Finance & Risk Planning & Corporate Services

For Information

RECOMMENDATION That Council accepts the August 2020 finance report.

RESOLUTION That Council accepts the August 2020 finance report.

Moved: Cr Gaffney Seconded: Cr Murdoch

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

PURPOSE OF REPORT The purpose of this report is to inform Council of the financial position for the 2019/20 financial year to 31 August 2020.

BACKGROUND Each month Council reports the year to date (YTD) financial result. The year to date figures contained within this report and attachments compare the first two months result against the YTD adopted annual budget. Draft DISCUSSION The income statement shows that Council is $197k favourable on a year to date basis compared to the 2020/21 annual budget.

Page 10

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

August 2020 - income statement

Year to Date ( YTD )

2020/21 August YTD YTD YTD YTD YTD Account Group Annual 2019/20 actuals budget Variance $ Variance % Budget Actual

Income Contributions - Developer 241 0 241 (100%) 19,000 0 Contributions - Operating 16,756 17,867 (1,111) (6%) 64,187 2,644 Operating Grants 978,138 924,926 53,212 6% 5,951,828 772,457 Interest Income 21,277 34,589 (13,312) (38%) 176,986 16,808 Other Revenue 254,134 276,963 (22,829) (8%) 2,134,565 325,464 Rates & charges 17,592,820 17,601,208 (8,388) (0%) 17,631,208 16,959,634 Reimbursements 24,998 11,563 13,435 116% 84,321 27,160 Statutory Fees & Fines 148,975 136,744 12,231 9% 1,059,575 121,642 User Charges 816,250 1,301,174 (484,924) (37%) 2,929,863 1,325,453 Total Income 19,853,588 20,305,034 (451,447) (2%) 30,051,533 19,551,262

Expense Borrowing Costs 14,451 14,451 0 0% 86,015 19,783 Contract Payments 604,497 632,435 27,939 4% 5,913,088 579,927 Depreciation 990,164 990,506 342 0% 5,901,893 984,670 Employee Costs 1,675,241 1,776,152 100,911 6% 11,677,025 1,752,970 Materials & Consumables 1,167,086 1,601,945 434,859 27% 3,354,171 1,590,520 Other Expenses 557,838 600,649 42,811 7% 3,376,052 694,631 Utilities 41,020 82,466 41,446 50% 659,007 101,095 Total Expense 5,050,297 5,698,604 648,307 11% 30,967,252 5,723,594

Surplus / (Deficit)* 14,803,291 14,606,430 196,861 1% (915,719) 13,827,667

* For both actual and budget a positive net result means a favourable contribution to Council, which is referred to as a Surplus and a negative net result means a unfavourable contribution to Council, which is referred to as a Deficit.

(Red variance) is unfavourable Black variance is favourable

Variance explanation Income Draft Operating grants Operating grants are favourable by $53k, this is due to budgeted grants in Recreation and Young People being received earlier than predicted.

User charges unfavourable YTD by $485k  $465k within Buller Gas sales because of the impact of COVID-19 pandemic has led to changed operating conditions on Mount Buller. Offset by favourable variance in cost of gas purchased. As such, the overall net unfavourable impact against budget for Buller Gas is $28k.

 $17k in the Burke and Cultural Heritage service area due to ticket and fees income being impacted by the COVID-19 pandemic.

Expense Employee costs favourable YTD by $101k

Page 11

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Favourable variance due to vacant positions, casual staff within the Burke and Visitor services areas not utilised because of the COVID-19 pandemic and staff off work due to WorkCover.

Materials and consumables favourable YTD by $434k $437k within Buller Gas purchases, which is offset by unfavourable variance in Buller gas sales. As such, the overall net unfavourable impact against budget for Buller Gas is $28k.

Draft

Page 12

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

CASH

Council’s Cash position at the end of August 2020 was $7.559m. This is similar to the same period last year with the early receipt of the Financial Assistance Grant for the 2020/21 financial year.

Indigo Shire Council - Cash & Investment Report as at 31 August 2020

Bank Term Rate % Due Rollover Amount

WAW 90 1.20 11/09/2020 1,000,000

IMB Bank 184 0.75 8/01/2021 1,000,000

Defence Bank 184 1.50 26/02/2021 1,000,000

Rabobank Bank 126 0.90 29/12/2020 1,000,000 Bank Vic Draft151 1.25 21/09/2020 1,000,000 Bendigo Bank 122 0.75 6/08/2021 500,000

Bendigo Bank 122 0.70 3/05/2021 500,000

Total of All Investments 6,000,000

Indigo Shire Operating Account - 1,559,131

WAW Credit Union S13 0.01 94

Total Operating Cash Position 1,559,225

Total Cash Position 7,559,225

Page 13

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

CAPITAL WORKS The combined YTD project expenditure as at the end of August, across both the Capital Works and Non ISC asset project areas totals $968,197. This total is comprised of $948,207 in capital projects and $19,990 against Non ISC assets. This represents 7.6% of the capital works budgeted program.

2019-20 2020-21 Capital works Draft % Annual % Annual Budget YTD actuals YTD actuals expenditure Complete Budget Complete

Capital works total 10,814,000 820,971 7.6% 12,545,382 948,207 7.6%

Page 14

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

A more detailed commentary on capital works and non ISC expenditure is provided in the monthly capital report later in the Council meeting agenda.

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 5. Indigo's Civic Leadership & Governance Strategic Objective 5.1 Indigo Shire is financially sustainable Draft N/A

SOCIAL/COMMUNITY IMPLICATIONS This report provides details of Council’s performance across a range of services, works and programs that support and enhance the wellbeing of residents and visitors to Indigo Shire.

ENVIRONMENTAL IMPLICATIONS In May 2017 Council adopted the following resolution. That Council; 1. Divests its investments (when they become due) to financial institutions that do not invest in the fossil fuel industry. 2. Divests future long-term borrowings when they fall due, to financial institutions that do not invest in the fossil fuel industry. 3. Notes that Council will retain the current (non-divested) transactional banking provider at this time, however Council will advise this bank the intention to move to a divested provider in the future if they continue to support the fossil fuel industry.

Page 15

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

4. Writes to Council’s current banking providers to advise them of Council’s stance on fossil-free financial institutions

In accordance with this resolution;  All investments are held with financial institutions that have divested their interests away from fossil fuel companies.  Transactional banking has not been reassessed since the resolution and remains with a non- divested bank.

No new borrowings have been taken out since the resolution, however any new debt will be with divested financial institutions.

FINANCIAL IMPLICATIONS Addressed throughout the report.

LEGISLATIVE IMPLICATIONS The Local Government Act requires Council to report financial information quarterly. Indigo Shire Council report financials on a monthly basis, as well as a more comprehensive Performance Report at completion of each quarter.

All financial reporting is compliant with the Australian Accounting Standards and audited annually by the Victorian Auditor General Office.

RISK & OPPORTUNITY MANAGEMENT Nil

COMMUNITY ENGAGEMENT CONSULTATION/COMMUNICATION UNDERTAKEN Nil

CONSULTATION/COMMUNICATION PROPOSED Nil Draft

CONCLUSION In summary, the first couple of months of the financial year is in accordance with budget expectations.

Noting the current pandemic situation there will be impacts of a financial nature that will be seen in different service areas, and this increases the level of uncertainty when predicting the financial result throughout the year.

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Greg Pinkerton – Director Planning & Corporate Services  Phil Garoni – Manager Finance & Risk

Attachments 1. Service plan statement - YTD August Page 16

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

10.2 IN PRINCIPLE ADOPTION OF COUNCIL'S ANNUAL PERFORMANCE STATEMENT AND FINANCIAL STATEMENTS File No: 2020/720 Phil Garoni - Manager Finance & Risk Planning & Corporate Services

For Decision

RECOMMENDATION That Council 1. Pursuant to section 132(2) of the Local Government Act 1989, approves, in principle, the 2019/2020 Performance Statement and Financial Statements; and 2. Nominates, in accordance with Section 132(5) of the Local Government Act 1989, three Councillors, being Councillors (insert name), (insert name) and (insert name), as signatories with authorisation given for any two of the nominated three Councillors to certify the 2019/2020 Performance Statement and Financial Statements (along with the CEO and Principal Accounting Officer) in their final form after any changes recommended, or agreed to, by the auditor have been made.

RESOLUTION That Council 1. Pursuant to section 132(2) of the Local Government Act 1989, approves, in principle, the 2019/2020 Performance Statement and Financial Statements; and 2. Nominates, in accordance with Section 132(5) of the Local Government Act 1989, three Councillors, being Councillors Gaffney, Trenery and Murdoch, as signatories with authorisation given for any two of the nominated three Councillors to certify the 2019/2020 Performance Statement and Financial Statements (along with the CEO and Principal Accounting Officer) in their final form after any changes recommended, or agreed to, by the auditor have been made.

Moved: Cr Gaffney Seconded: Cr Shepheard

For: Crs Bernard Gaffney, LarryDraft Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

PURPOSE OF REPORT The purpose of this report is to seek Council’s ‘in principle’ approval of the annual financial statements and to nominate three Councillors to act as signatories for the final accounts.

BACKGROUND Council’s in principle approval of the financial statements is a requirement to allow the statements to progress to the Victorian Auditor General’s Office (VAGO) for review prior to final sign off by VAGO. Once authorised by VAGO, the statements will be submitted to the Minister for Local Government as part of Council's Annual Report (due by the end of November, which is an extension from prior years due to COVID-19 pandemic).

Page 17

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The approval process for the financial statements and performance statement includes several internal iterations including review by both the Finance Committee and the Audit Committee. Each of these committees contain Councillor Members and this review is an important part of the governance process. The review was done on September 9 (Finance Committee) and September 14 (Audit Committee). The purpose of each of the committee reviews is;  Finance Committee: for the purpose of financial analysis and to gain a deep understanding of the statements in order to advise Council if required and provide a level of oversight.  Audit Committee: for the purpose of governance and oversight and to review the process that has been underway to produce the statements.

The review of the statements by Council’s external auditor (independently appointed by VAGO) in conjunction with the oversight provided by both the Finance and Audit Committees ensures that appropriate governance and probity has occurred on these important annual statements.

DISCUSSION Following the end of financial year, a large amount of work has been completed to collate, summarise and audit council’s annual Performance Statement and Financial Statements. Both of these documents are attached to this report.

In considering the recommended resolution, it is important to note the following: 1. The in principle authorisation from Council still allows for additional changes that may be required by VAGO to the statements. As such there may still be changes to be made after their review, however the Local Government Act (and VAGO processes) require that the door is left open at this stage for any final changes to be made. 2. The final statements will be presented to Council at a future meeting meeting as part of Council’s consideration of the Annual Report.

Council's endorsement is therefore to endorse the financial and performance statements at this point in time and authorise that this is the version of the financial statements that is to be submitted to the Auditor General for its consideration, and a recognition that the Auditor General’s office will provide the final sign-off of the statements once they are satisfied that they are complete and correct.

Once VAGO has given their final approval to proceed the statements will require Councillor sign-off. For this reason, three Councillors areDraft suggested to be nominated with only two of whom need to sign the final statements. The nomination of three councillors gives some logistical flexibility for this time- sensitive process.

Options No applicable: The process for collating and auditing the annual financial statements is a legislative process that is governed by Australian Accounting Standards, the Local Government Act, and Victoria’s Auditor General.

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 5. Indigo's Civic Leadership & Governance Strategic Objective 5.1 Indigo Shire is financially sustainable

SOCIAL/COMMUNITY IMPLICATIONS Not Applicable.

Page 18

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

ENVIRONMENTAL IMPLICATIONS There are no environmental implications with this report.

FINANCIAL IMPLICATIONS The attached reports are a vital part of Council’s annual financial and performance reporting cycle, however there are no direct financial impacts from the consideration of the report and statements or the passing of a motion to adopt these statements in principle.

LEGISLATIVE IMPLICATIONS The adoption of the statements in principle and the nomination of Councillors as signatories to the accounts (after any final changes have been made by VAGO) will allow Council to move forward with this process and acquit its responsibilities under the Local Government Act.

The process used by Council staff in the production of the Financial Statements and the Performance Statement, as well as the format of the documents, is very strictly dictated by the State Government. This ensures consistency between Councils and the ability for ratepayers to make comparisons.

The process of final completion of the finance and performance statements is: . Preparation of the annual finance and performance statements – Done. . Review of the statements by Council’s auditor (appointed by VAGO) – Done. . Endorsement by Council’s Finance Committee – Done. . Endorsement by Council’s Audit Committee – Meeting scheduled for 14 September 2020 to consider. . In Principle approval by Council – This report. . Advise VAGO of Council’s in principle approval. . VAGO final sign off (after any final changes required by VAGO). . Signing of statements by two Councillors. . Inclusion of statements in Council’s Annual Report. . Annual Report sent to Minister for Local Government by 30 November. . Council to consider the final annual report at a future meeting.

RISK & OPPORTUNITY MANAGEMENTDraft The main risk in the preparation of Council’s annual finance and performance statements is one of legislative compliance. Due to the extensive process and the oversight of an independent external auditor, Council’s Finance Committee and Council’s Audit Committee this risk is rated as low. Council staff actively engage in this process each year and dedicate substantial resources to the end of financial year statements.

COMMUNITY ENGAGEMENT N/A

CONCLUSION The attached statements are now presented to Council for consideration and ‘in principle’ approval to allow the annual audit process to continue.

Page 19

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report.  Greg Pinkerton – Director Planning and Corporate Services  Phil Garoni – Finance and Risk Manager

Attachments 1. Financial Statements 2019-20 2. Performance Statements 2019-20 3. Analytical Review

Draft

Page 20

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

10.3 BORROWING AND INVESTMENT POLICY 2020 File No: 2020/755 Phil Garoni - Manager Finance & Risk Planning & Corporate Services

For Information

RECOMMENDATION That Council: 1. Adopts the attached Borrowings and Investment Policy 2020. 2. Permits WAW Credit Union as an approved financial institution with a limit of $500k for funds invested at any one time.

RESOLUTION That Council: 1. Adopts the attached Borrowings and Investment Policy 2020. 2. Permits WAW Credit Union as an approved financial institution with a limit of $1M for funds invested at any one time.

Moved: Cr Goldsworthy Seconded: Cr Gaffney

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

PURPOSE OF REPORT The purpose of this report is to present the attached Borrowings and Investment Policy for adoption, and to confirm the continuation of Council’s use of WAW Credit Union.

BACKGROUND Policy Adoption Draft Council has an existing “Borrowing Policy” but no policy that guides investments. Council’s Audit Committee requested that Council create/amend a suitable policy to deal with investment concentration risk in addition to the existing Borrowing Policy. The attached draft has been presented to the July Audit Committee meeting for feedback. No concerns or adjustments were suggested at this meeting.

Use of WAW WAW has had a close relationship with Indigo Shire and with Council for many years. Several partnerships have existed between the two organisations to provide services to the community. Most notably, WAW still provides some front-line Council services in Chiltern. In support of this long- standing relationship Council includes WAW as an approved financial institution and has included WAW in the mix of financial institutions when deciding on investments and borrowings. This is despite the fact that, because WAW is a credit union and not a bank, does not have a S&P (or equivalent) rating.

Page 21

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Previously no policy existed that required a particular credit rating, however the attached Borrowing and Investment Policy now requires either; 1. a S&P (or equivalent) rating of B or greater, or; 2. a council resolution to enable Council to use a financial institution.

It is therefore appropriate for Council to consider the use of WAW at the same time as refreshing the Borrowing and Investment Policy because Council currently has both borrowings and investments with WAW and Council’s direction is required on whether to maintain that into the future.

DISCUSSION Policy Adoption The Borrowing Policy is due for a refresh (last adopted in April 2010) and required a full review to be brought up to date with Council’s current practices. In addition, Council had no Investment Policy. For this reason it was considered appropriate to combine the two and move forward with a new policy.

Apart from the addition of an investment policy (including investment spread risk mitigation) there are no proposed changes to ISC’s current investment or borrowing practices.

Concentration risk is managed by investments being spread across different financial institutions in a manner that addresses financial concentration risk. Along with looking to optimise (as opposed to maximise) the return on these funds within the risk profile of council.

Council will borrow in the following circumstances – in order of preference:  Capital works and capital assets that generate a net worth  Long term assets that provide benefits to future generations  Capital works and capital assets that are deemed to be appropriate for debt funding

Use of WAW The purpose of including a S&P “B” credit rating (or equivalent) is to manage financial risk for Council funds. As a credit union that does not have a need to gain access to capital and wholesale debt markets, WAW does not have a rating that would be considered to be equivalent to this standard. This is not to say that WAW investments are of a higher or lower risk than an organisation with a S&P “B”; it is just not an assessment that has been done for this organisation. Draft Because of the close links with Indigo Shire Council, WAW was contacted in relation to this matter and has provided a letter in support of continuing their relationship with Council. This letter has been distributed separately to Councillors and has been retained on Council’s files. This letter states (inter alia) that;  All credit unions, mutual building societies and mutual banks are Authorised Deposit-taking Institutions (ADIs), and are regulated in the same way as all other Australian banks. They are regulated by the Australian Securities and Investment Commission (ASIC) under the Corporations Act 2001, and by the Australian Prudential Regulation Authority (APRA) under the Banking Act 1959.  The Australian Prudential Regulation Authority (APRA) is responsible for setting and monitoring compliance with the standards. APRA collects and analyses prudential information from ADI’s and carries out reviews and inspections of individual ADI including on-site visits.  WAW Credit Union currently holds capital well in excess of the APRA prudential standards.  Deposits in all ADIs of up to $250,000 were guaranteed by the Federal Government on a permanent basis from 1 February 2012. Page 22

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

It is recommended that Council continues its relationship with WAW and considers using this credit union for borrowing and investment, along with other institutions that meet the requirements of the attached policy. This recommendation arises from Council’s long history of borrowing and investment with WAW in conjunction with the fact that WAW is highly regulated by APRA. In addition, Council’s Procurement Policy supports the use of organisations that provide benefit to the local community. It is suggested that WAW provides this support directly (through the maintenance of branches in Indigo Shire’s small tows) and indirectly through their work with community organisations.

It is further recommended that, because this is an exception to the usual standard set out in the policy, that the investment level be capped at $500k at any one time, noting that the first $250k of any investment is guaranteed under the Federal Government’s Financial Claims Scheme. It is not suggested to cap borrowings due to the lower risk of this activity.

Options It is not essential to update this policy, however the current Borrowing Policy is in need of an update and this gives an opportunity to include investment policy statements to back-up the investment practice at Indigo Shire Council.

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 5. Indigo's Civic Leadership & Governance Strategic Objective 5.2 Council provide good governance and its business is open and transparent

SOCIAL/COMMUNITY IMPLICATIONS The use of WAW as a financial institution has been previously supported by Council due to the maintenance of branches in Indigo Shire and the work that WAW does in the community.

ENVIRONMENTAL IMPLICATIONS In May 2017 Council adopted the following resolution. That Council; 1. Divests its investments (when they become due) to financial institutions that do not invest in the fossil fuel industry.Draft 2. Divests future long-term borrowings when they fall due, to financial institutions that do not invest in the fossil fuel industry. 3. Notes that Council will retain the current (non-divested) transactional banking provider at this time, however Council will advise this bank the intention to move to a divested provider in the future if they continue to support the fossil fuel industry. 4. Writes to Council’s current banking providers to advise them of Council’s stance on fossil-free financial institutions

In accordance with this resolution;  All investments are held with financial institutions that have divested their interests away from fossil fuel companies.  Transactional banking has not been reassessed since the resolution and remains with a non- divested bank.

No new borrowings have been taken out since the resolution, however any new debt will be with divested financial institutions.

Page 23

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

FINANCIAL IMPLICATIONS There are very limited financial implications relating to the review and updating of this policy. The requirement to spread Council’s investments more broadly is likely to reduce the average interest rate received however this is expected to be negligible.

LEGISLATIVE IMPLICATIONS Council funds must only be invested in investments authorised under Section 103 of the Local Government Act 2020. For borrowings the Local Government Act 1989 provides Councils the power to borrow.

RISK & OPPORTUNITY MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments

The borrowing and Possible Minor Low Council’s finance team investment practices do monitor compliance not follow the adopted with several of the policy aspects of the policy. In addition, all borrowings are to be approved and sanctioned by Council via Council meeting.

The inclusion of investment spread risk mitigation is an additional level of cover for Council’s investments.

The likelihood of a failure or run on an institution with a Standard & Poors or equivalent credit rating lower than B is low; but the consequences could be high for a Council organisation with low cash reserves. The addition of an investment spread policy does not lower the risk – but it does reduce the consequences. Risk items to be considered in minimising liquidity risk involves:  Targeting a minimum average level of cash and cash equivalents to be maintained  Having readily accessible standby facilities and other funding arrangements in place  Having a liquidity portfolio structureDraft that requires surplus funds to be invested within various brands of liquid instruments; and  Monitoring budget to actual performance on a regular bases

Other risk tolerances to be considered at the highest level are:  Interest rate risk  Capital risk  Credit risk

COMMUNITY ENGAGEMENT CONSULTATION/COMMUNICATION PROPOSED Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Inform We will provide information to help you Website understand the issue

Page 24

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The policy will be available on Council’s website.

As part of the preparation of this report WAW was contacted to ascertain if a S&P equivalent is available. WAW confirmed that, as a credit union, it was not possible to provide a S&P rating.

CONCLUSION The adoption of the Borrowing and Investment Policy and the confirmation of Council’s ongoing use of WAW Credit Union as financial institution continues Council’s governance practices for borrowing and investment purposes.

The attached policy has been refreshed, clarified and provides compliant, clear and relevant guidance for staff when undertaking borrowing or investment activities.

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Greg Pinkerton – Director Planning & Corporate Services  Phil Garoni – Manager Finance & Risk

Attachments 1. Borrowing and Investment policy 2020

Draft

Page 25

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

10.4 PLANNING PERMIT APPLICATION - PP19-0070 - 275 YACKANDANDAH ROAD, YACKANDANDAH File No: 2020/649 Ian Scholes - Manager Planning & Statutory Planning & Corporate Services Services

For Decision

RECOMMENDATION That Council approves application PP19-0070 for the use of land at 275 Yackandandah Road, Yackandandah for Staged use and development of a Function Centre, Licensed Premises, Group Accommodation and Alteration of access to a Category 1 Road Zone subject to the conditions included at Attachment 2 and issues a Notice of Decision to approve a permit.

RESOLUTION That Council approves application PP19-0070 for the use of land at 275 Yackandandah Road, Yackandandah for Staged use and development of a Function Centre, Licensed Premises, Group Accommodation and Alteration of access to a Category 1 Road Zone subject to the conditions included at Attachment 2.

Moved: Cr Goldsworthy Seconded: Cr Price

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

PURPOSE OF REPORT The purpose of this report is to facilitate Councils consideration of an application to use and develop the property at 275 Yackandandah Road, Yackandandah for the purposes of a Function Centre, Licensed Premises, Group AccommodationDraft and Alteration of access to a Category 1 Road Zone under the relevant provisions of the Indigo Planning Scheme in accordance with the Planning and Environment Act 1987.

The application attracted an objection and is now presented to Council for decision. The Officer’s recommendation is that Council approve the application subject to conditions and that Council issue a notice of decision to approve a permit.

SUMMARY OF APPLICATION Application PP19-0070 Number Applicant/Owner Jacqueline Bayne of Yack Ingredients Subject Land Lot 2 on LP133080, more commonly known as 275 Yackandandah Road, Yackandandah. Proposal Staged use and development of a Function Centre, Licensed Premises, Group Accommodation, Erection and Display of a Business Identification Sign and Alteration of access to a Category 1 Road Zone.

Page 26

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The following permits have been previously approved for this property:

 04292 Extension to a dwelling, (28 October 2004),  PP17-0149 Construction of an outbuilding (15 January 2018),  PP19-0038 Temporary event on 20 February 2019 (18 February 2019), and  PP20-0012 Place of Assembly (Temporary on 1 February 2020) (31 January 2020)

A function centre includes the land use terms conference centre and reception centre and is defined as land used, by arrangement, to cater for conferences, private functions, and in which food and drink may be served. It may include entertainment and dancing.

The application was originally applied for Use of the Land for a Place of Assembly, General Liquor License Accommodation and Associated Buildings and Works. After a review of the planning permissions required for this venture to proceed the application is now for Staged use and development of a Function Centre, Licensed Premises, Group Accommodation, Erection and Display of a Business Identification Sign and Alteration of access to a Category 1 Road Zone.

This imbues the principle of restricting the use to the most narrow, practical definition. Function Centre is nested under the general use term of Place of Assembly.

The application details the following proposed uses and developments:  A function centre that would host weddings, corporate events, workshops and educational/speaking events.  Anticipated patrons include o school groups with an interest in sustainable living and careers in agriculture; o Corporate workshops, meetings, seminars and team-building events; o Christmas Parties; o Organised luncheons; o Draft Community and charity events; o Weddings, private parties and celebrations; and o Small, ticketed, live music events.  The ‘usual’ expected patronage is proposed to be between 20 and 150 persons.  Up to 20 events per annum are proposed with the following anticipated hours of operation: o School groups would operate between 9:30am and 3:30pm. o Lunchtime events would operate between 10:30am and 3:00pm. o Weddings would operate between 10:00am and midnight. o Evening events would operate between 5:00pm and midnight. o Notwithstanding the above times, staff would be onsite before and after these times for setting up and cleaning after each function.  It is proposed that the ultimate layout of the venue would include a 30 metre by 20 metres shed constructed of corrugated metal and/or timber. Until such time as that shed is constructed, events would be housed within marquees that would be erected on-site for each event and removed soon Page 27

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

thereafter.  Two, self-contained ‘Glamptainers’ are proposed to be located on the land. All buildings are proposed to be finished in conservative, muted tones;  Other temporary facilities to be brought onto the land would be a mobile kitchen and portable toilets.  Car parking will be constructed for 100 cars as required for a Function Centre with two car spaces required for the Glamptainers.  The application proposed two Promotional signs to be located 200 metres either side of the accessway on Yackandandah Road but these signs are prohibited and cannot be approved.

Extracts of plans submitted with the application showing the general arrangement of the site and areas proposed to be used for functions are included below. A full copy of the application materials are included at Attachment 1.

Figure 1 - Site developmeDraftnt plan

Page 28

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Figure 2 - Site of proposed event area (Marquee in the short term; to be replaced by a shed).

Figure 3 - Existing stand alone bar facility Draft

Figure 4 - Aerial photograph of site

Site Context The subject land is located approximately 2.9 km north-west of Yackandandah and has frontage to Yackandandah Road of approximately 336 metres. The property consists of a single lot of 24 hectares. The land slope from west to east with three

Page 29

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

drainage lines conveying water toward Commissioners Creek. The site has been improved with a single dwelling, two agricultural sheds and a shipping container.

Other agricultural and equestrian infrastructure has been provided as well as domestic improvements around the homestead.

The land is approximately cleared for one third of its extent whilst the remaining two thirds along the western section is forested.

The site sits within a wholly agricultural context and, with the exception of the Road Zone Category 1 (Yackandandah Road) is isolated from land in any other zone than the Farming Zone. There are a number of dwellings in the locality that are not associated with the subject site indicated by a pink triangle on Figure 2 above.

Draft

Figure 5 - Wider context of site

Subject site Zoning and Farming Zone (FZ) Overlays Adjacent to a Road Zone – Category 1 (Yackandandah Road, and Adjacent to Public Conservation and Resource Zone, west of the site. Significant Landscape Overlay – schedule 2, and Bushfire Management Overlay Surrounding Farming Zone (FZ) Zoning and Road Zone – Category 1 Overlays Public Conservation and Resource Zone Significant Landscape Overlay – schedule 2, and Bushfire Management Overlay Permit Clause 35.07 - Farming Zone requirements  The use of land for a place of assembly (which includes function centre) is a

Page 30

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Section 2 permit required use. Clause 44.06-2 – Bushfire Management Overlay  Buildings and works associated with a Place of Assembly (including Function Centre requires a planning permit. Clause 42.03-2 – Significant Landscape Overlay  The proposed buildings and works requires a permit under this overlay. Clause 52.05-2 - A permit is required to construct or put up for display a sign in section 2. Relevant Scheme 13 ENVIRONMENTAL RISKS AND AMENITY Provisions 13.07-1S Land use compatibility 14 NATURAL RESOURCE MANAGEMENT 17 ECONOMIC DEVELOPMENT 18.02 MOVEMENT NETWORKS 19 INFRASTRUCTURE 21 MUNICIPAL STRATEGIC STATEMENT 22 LOCAL PLANNING POLICIES 35.07 FARMING ZONE 42.03 SIGNIFICANT LANDSCAPE OVERLAY SCHEDULE 2 TO THE SIGNIFICANT LANDSCAPE OVERLAY 44.06 BUSHFIRE MANAGEMENT OVERLAY 52.05 SIGNS 52.06 CAR PARKING 52.34 BICYCLE FACILITIES 65 DECISION GUIDELINES 65.01 APPROVAL OF AN APPLICATION OR PLAN Referrals: Country Fire Authority – No objection subject to conditions. VicRoads - No objection subject to conditions. North East Water – No objection and no conditions. Department of Environment, Land, Water and Planning - No objection and no conditions.

Internal Council’s Environmental Health Officer and Manager Assets & Property have been Departmental consulted in relation to the application. Advice Draft COMMUNITY ENGAGEMENT Notice of the application was given to surrounding and nearby properties. One objection has been received. A full copy of that submission has been provided to Councillors for consideration when making a determination on this application.

The submission focusses on the following matters:

 Does the proposal allow for sustainable agriculture on the remaining portion of the lot?  The proposal appears to create multiple dwellings on the land in the Farming Zone creating a conflict between the purpose of the zone and the agricultural land use.  Can the land contain the effluent waste that will be generated by the various functions to be held?  The impact of traffic given the numbers of attendees.  Does the proposal genuinely contribute to sustainable farming or is it simply a commercial enterprise?

Page 31

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

DISCUSSION Relevant planning policy in relation to the proposal is listed earlier in this report and it is noted that there are a number of themes that influence decision making in relation to a proposal such as this.

Being in a farming area, the underlying land use zone and policy setting relates to agriculture and its protection. That being said, the Farming Zone, as it applies to the subject land, does not prohibit other land uses from occurring, nor does it necessarily require them to be associated or used in conjunction with agriculture. Instead, the planning scheme requires an assessment to be made across the breadth of relevant policy considerations, having regard to the context of the site and the merits of the proposal, as to whether it will produce acceptable outcomes. The site has an area of 24.06 hectares of which approximately 1.9 hectares would be dedicated to the proposed activity. This represents approximately 4.8 per cent of the available land area and is not considered to significantly reduce the potential for agricultural activity on the site.

In this regard, it is also relevant that the proposal seeks to use part of the property for tourism related purposes. An outcome for which there is policy support to weighed up against other policies seeking to protect agricultural production in the planning scheme.

The disposal of effluent waste has been considered by Council’s Environmental Health staff who have reviewed the Land Capability Assessment provided with the application and found that effluent waste can be disposed of on the land in accordance with the EPA’s Code of Practice for On-site Waste Water Disposal. Portable toilets are also proposed to deal with larger events. A toilet facility is proposed for construction as part of stage 2.

It is considered therefore that a decision as to whether or not the proposed use of the land is acceptable can be distilled down to the offsite impacts of the proposal and the capacity for the income from the proposed venture to support the remaining agricultural use of the land.

Off Site Impacts

Access The Traffic Impact Assessment Report (TIAR) submitted was referred to VicRoads that have required conditions in respect to the variationDraft of the proposed entrance to the site. They have also provided conditions that require active traffic control on Yackandandah Road for events with in excess of 150 attendees. Council officers have been concerned about the practical implementation of the VicRoads requirements and have added a condition to deal with this issue. The application has now been amended to provide for the maximum number of guests to be limited to 150.

Fire Hazard The application has provided various documents responding to the BMO and other clauses in the scheme dealing with bushfire hazard. The application was referred to the CFA which has provided a comprehensive set of conditions dealing with the interim and later stages of the proposal. Subject to those conditions, the CFA has not objected to the granting of a permit.

Page 32

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Impacts on Agricultural Use of Surrounding Land Issues raised in relation to the agricultural use of land in the area focus concerns over the capacity of the land to sustain agriculture as well as the proposed Function Centre. Over 95per cent of the current site remains available for this purpose and it is not considered that the reduction in land available for agriculture would threaten the continued use of the land for that purpose. Any income from the proposed Function Centre may assist the viability of the land and support the agricultural pursuits. The proposed intention to demonstrate to school groups the sustainable farming practices on the land is indicative that agriculture would continue on the land.

Noise Use of the site as a live entertainment music venue and for the playing of recorded music has the potential to cause unreasonable impacts on the amenity of the area, particularly where relevant noise regulations are not adhered to.

State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 (referred to as SEPP N-2) sets out the Government’s objectives for controlling noise pollution from music produced at indoor and outdoor entertainment venues.

SEPP N-2 classifies premises into two types:  "Indoor venue" means a premises with facility for music to be played indoors and includes reception centre.

 "Outdoor venue" means a premises, not being an indoor venue, where music is played in the open air and includes a major sports and recreation facility within the Scheduled Area having substantial provision for spectators and which cannot feasibly be totally enclosed and soundproofed because of its size. Such venues are less numerous than indoor venues and operate infrequently. In the proposal before Council the large majority of activity will take place in an indoor venue and the site, with elevated topography to the west would potentially create a situation where noise was directed down the valley and may create a level of amplification beyond what would normally be expected. This report considers that the proposal should be considered to be an indoor venue and apply the more conservative noise tolerance requirements of the SEPP.

For indoor venues different noise limits apply at different hours, with stricter limits at night so that the sleep of nearby residents is notDraft disturbed. The times for the day/evening and night periods vary from day to day and are summarised in schedule A of the Policy (see below). The night period is extended between Sunday and Thursday, and when the frequency of events is high, providing a greater degree of protection to the surrounding community.

Page 33

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Outdoor venues are treated differently by SEPP N-2 on the premise that they occur less frequently. Combining the two on the one site manages to overcome the frequency / time restrictions and would allow the function centre use of the land to generate higher noise emissions later into the evening than would otherwise be the case.

Onsite Impacts Draft

Car Parking The proposal requires 100 car parking spaces to fulfil the requirements of Clause 52.06 of the Indigo Planning Scheme.

Wastewater The Land Capability Assessment (LCA) submitted concludes that the site is capable of sustainably managing wastewater generated by the proposed function centre..

Farming Zone While the purpose of the farming zone seeks to provide for the use of land for agriculture and ensure that non-agricultural uses do not adversely affect the use of land for agriculture it does not preclude nor prohibit other uses such as a function centre.

Page 34

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

In relation to the current use of the land, it is acknowledged that the proposed function centre has at best a casual relationship to the proposed sustainable agriculture. This link would only occur for the events for school children exploring such activities. Weddings and other functions would have no direct link (other than a landscape setting) to the agricultural activities conducted on the land. The proposed activities are located within an area previously used for one-off events that is surrounded by grazing paddocks.

Based on the locality of the proposed areas for functions it is considered that the proposal has adequate setbacks from boundaries and the scale and intensity of the proposal will not have a negative impact on surrounding agricultural activities.

The relevant decision guidelines of the Farming Zone include general issues such as the capability of the land to accommodate the development, including effluent disposal, whether the site is suitable and compatible with adjoining land uses and how the use and development makes use of existing infrastructure and services.

These matters are commented on above and with appropriate conditions, the land is capable of accommodating the proposed use without unreasonably impacting on the agricultural use of the subject site or adjoining land.

The decision guidelines in relation to agricultural issues relate to the capacity of the site to sustain an agriculture use and the potential for the future expansion of the use. The proposal is limited to the area of the site previously described and the remainder of the property retains the capacity to be used for grazing. The proposal will not prevent this from continuing nor will it prevent adjoining land from being farmed.

In relation to environmental considerations, the decision guidelines seek to manage the impacts of the use on the flora, fauna and landscape features of the site. Once again, as the proposal is limited to the existing, previously used section of the site, the proposal is not considered to have any significant or negative impact on the natural and physical features of the area.

The design and siting issues relate to the impact, design, bulk and materials to be used on the surrounding natural environment, major roads and views and vistas. The proposal is considered to be acceptable with regards to the impacts for design and siting as the existing buildings on site will be retained. The proposed, temporaryDraft structures provide a suitable design and siting response. Future permanent buildings will not be out-of-place in the rural environment and would not be prominent from traffic passing along Yackandandah Road. The impact on the character and appearance of the area is considered acceptable.

Significant Landscape Overlay

Schedule 2 of this overlay recognises the value to the Shire and the community of the rural landscapes throughout the Shire. It could be argued that the Commissioners Creek alley is one of the more picturesque of these landscapes.

The objective of the schedule, as it relates to this proposal can be summarised as:  the protection of the rural landscapes, especially the hills from inappropriate development;  to maintain and protect the diverse landscapes of the Shire; and  to encourage sustainable rural land management.

Page 35

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The proposal before Council includes single storey buildings that are sympathetic to the rural environment. The buildings would not be prominent from the Yackandandah Road, which is the primary observation point from the public realm. The large shed (part of stage 2) has a height of 8 metres but this is consistent with many large agricultural buildings to be found within the rural areas of the shire. It is the potential amenity issues of the use of the land rather than the appearance of the buildings and works that concern officers.

The proposal does not threaten the diversity of the local landscape and part of the proposal includes encouraging school groups to attend the site to learn about sustainable agriculture. The proposal does not threaten the use of the land for sustainable agriculture.

Figure 6 - Proposed shed - part of stage 2

Rural land use policy in the planningDraft scheme recognises that Indigo Shire’s rural areas are used for a wide range of agricultural purposes, and that agricultural production is the major contributor to the economy of the Shire. This is closely followed by tourism, which is strongly linked to agriculture in its capacity for production as well as its landscape and biodiversity values. Policy seeks to protect this while supporting growth local employment and value adding opportunities in rural areas.

Tourism development policy reinforces this and highlights the need for tourism facilities to be compatible with surrounding land uses and the natural and built environments. Policy notes that the challenge is to achieve (and maintain) a delicate balance between tourism, the environment and protecting the amenity of existing residents.

Relevant policy objectives are:  To ensure that tourism and recreation development is located, designed and sited in a manner which protects and enhances the special environmental and landscape characteristics of the area.  To ensure that the establishment of tourist facilities in rural areas does not compromise the ongoing use of productive agricultural land.

Page 36

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

 To encourage tourism and recreation uses that: o Are compatible with Council’s heritage conservation objectives; o Minimise adverse impacts on the amenity of local residents; o Relate to their immediate environment, particularly the natural environment; and o Enhance the predominantly rural character of the Shire.

Managed appropriately to ameliorate potential offsite impacts, the proposal is considered to be an acceptable use of the site that directly responds to relevant policy objectives.

Signage Clause 52.05 regulates signage. Three signs were proposed as par of this application. One business identification sign at the entrance to the site and two banner type signs proposed to be located 200 metres north and south of the entrance on Yackandandah Road.

Within a Road Zone (Yackandandah Road) the category of signage takes its cue from the zone of the land adjacent to the signs, In this instance, the Farming Zone. In the Farming Zone signage falls into Category 4 (sensitive areas) and is the most restrictive of the signage categories.

The proposed banner signs, because they are not located on the subject site, are considered to be Promotional Signs. Such signs are prohibited within the Category 4 areas and cannot be approved in this application. The Business identification sign (see figure 6 below) would be located adjacent to the subject site and would form apart of the entrance to the site. The sign will be 2 metres long and 1 metre high and sits upon a wall to be constructed that would be 7 metres long and 1.2 meres high. The sign has an area of 2 square metres, which is within the allowable maximum sign area of 3 square metres. Draft

Figure 6 - Proposed Business Identification Sign

RISK & OPPORTUNITY MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments If Councillors resolve to Possible Minor Low Council will be approve the application required to subject to conditions, defend the objectors may appeal the decision at VCAT. decision at VCAT.

Page 37

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Description Likelihood Consequence Final Risk Rating Controls, treatments If Council resolve to refuse Possible Minor Low Council will be the application, the required to applicant may appeal the defend the decision at VCAT. decision at VCAT.

SOCIAL / CULTURAL IMPLICATIONS There are no anticipated social or cultural implications.

ENVIRONMENTAL IMPLICATIONS The proposal is required to satisfy relevant environmental standards as established by the EPA. This includes standards in relation to noise and wastewater treatment and disposal. Further environmental impacts such as impacts on the amenity of the area have been commented on above and it is considered that permit conditions in relation to the management of the site could regulate potential offsite impacts.

LEGISLATIVE IMPLICATIONS There are no legislative implications associated with this application.

CONCLUSION The proposed use is considered acceptable subject to its management, scale and intensity being restricted to a point where the potential impacts on the amenity of the area are not unreasonable.

The use of the site as proposed will assist in securing the conservation of a State listed heritage site without unduly impacting on the ability of the remainder of the land or surrounding land from being used for agriculture.

The site is capable of accommodating the use without adverse impacts on the environment subject to upgrading and formalising access and parking arrangements and wastewater treatment and disposal systems.

Provided measures are implemented to limit potential noise emissions from the site to an acceptable level (which may exceed SEPP N-2 Draftrestrictions), the proposal will not have an unreasonable impact on the amenity of the area.

Having regard to the above it is therefore recommended that the application be approved subject to the conditions included at Attachment 2 and that Council issue a notice of decision to grant a permit.

DECLARATION OF CONFLICT OF INTEREST Under Section 80C of the Local Government Act 1989, the following Officers declare that they have no conflict of interests to disclose in providing this report:  Greg Pinkerton – Director Planning & Corporate Services  Ian Scholes – Manager Planning & Statutory Services

Attachments 1. Proposed Plans for Endorsement 2. Proposed Conditions

Page 38

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

10.5 PLANNING PERMIT APPLICATION - PP19-0278 - SUBDIVISION OF LAND AT 46 OAK AVENUE, BEECHWORTH (MAYDAY) File No: 2020/723 Ian Scholes - Manager Planning & Statutory Planning & Corporate Services Services

For Decision

RECOMMENDATION That Council approves application PP19-0278 for the subdivision of land at 46 Oak Avenue, Beechworth into 30 Lots subject to the conditions included at Attachment 1 and issues a notice of decision to grant a planning permit.

RESOLUTION That Council approves application PP19-0278 for the subdivision of land at 46 Oak Avenue, Beechworth into 30 Lots subject to the conditions included at Attachment 1 and issues a notice of decision to grant a planning permit.

Moved: Cr Gaffney Seconded: Cr Goldsworthy

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

PURPOSE OF REPORT The purpose of this report is to facilitate Councils consideration of an application to subdivide the property at 45 Oak Avenue, Beechworth (Lot S12 and S13 on PS722240) into 30 lots under the relevant provisions of the Indigo Planning Scheme in accordance with the Planning and Environment Act 1987. Draft

The application is for a subdivision into more than ten additional lots and Council has not delegated such a decision to officers. The Officer’s recommendation is that Council approve the application subject to conditions and that Council issue a Notice of Decision to Grant a Permit.

SUMMARY OF APPLICATION Application PP19-0278 Number Applicant/Owner George Fendyk Mayday Hills Beechworth Pty Ltd C/- Burden Industries

Subject Land Lot S12 and S13 on PS722240, more commonly known as 45 Oak Avenue, Beechworth.

Page 39

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Proposal Multi Lot subdivision (Stage 12 and 13 on PS722240) Draft

The land currently contains buildings used for a kindergarten and associated outbuildings plus two non-residential buildings proposed to be accommodated on lots 61 and 62. The remainder of lot S12 (to the east in the image above) contains a number of buildings and is subject to a separate application for a 5 lot subdivision.

The lot indicated as 63 on the image above contains the “castle house”. Page 40

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The subdivision proposes to utilise the existing road network and is located at the southern end of the Mayday Hills complex.

Access to the site and future lots is via common property roads which are identified in the Section 173 Agreement that applies to the land and sets out certain responsibilities and expectations for the use and maintenance of roads within the Mayday Hills complex.

Part proposed subdivision which extends south into the Rural Activity Zone part of the site. Lot S12 also extends to the east of the mage above and contains a number of additional buildings.

Site Context The subject land is located approximately 1.3 km south-east of Ford Street in Beechworth and has frontage to the internal common property Oak Avenue of approximately 100 metres.

Lot S12 is approximately 5.2 hectares and lot S13 is approximately 61 hectares. The site includes a kindergartenDraft and two other buildings, which are proposed to be located on lots to become commercial uses in the future, subject to planning approval where required.

To the north, the remainder of the site includes various components of the Mayday Hills complex, including Council’s Beechworth Office. Some of this land will be further developed in the future.

Land to the immediate east of the plans submitted as part of this subdivision is also part of lot S12 and is currently the subject of an application for a 5 lot subdivision (PP18-0189).

To the south of the subdivision site is land that initially dips then rises up to an open forested slope. To the west is land that is currently being used for agriculture. All of this land lies within the Rural Activity Zone (RAZ).

Subject site

Page 41

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Zoning and Mixed Use Zone (MUZ) Overlays Rural Activity Zone – Schedule 1 (RAZ1) Part Heritage Overlay (HO) – HO7 (land in lot S12) Part Bushfire Management Overlay (BMO) (land in lot S13) Surrounding Neighbourhood Residential Zone – Schedule 1 Zoning and Heritage Overlay – HO7 Overlays Neighbourhood Character Overlay – Schedule 1 Design and Development Overlay – Schedule 3 Permit Clause 32.04-4 - MUZ requirements  A permit is required to subdivide land. Clause 35.08-3 RAZ  A permit is required to subdivide land. Each lot must be at least the area specified for the land in a schedule to this zone (40ha). Clause 43.01-1 HO  A permit is required to subdivide land. Clause 44.06-2 BMO  A permit is required to subdivide land. Clause 52.17-1  A permit is required to remove, destroy or lop native vegetation, including dead native vegetation.

Relevant Scheme 11. SETTLEMENT Provisions 13 ENVIRONMENTAL RISKS AND AMENITY 15 BUILT ENVIRONMENT AND HERITAGE 16.01 RESIDENTIAL DEVELOPMENT 17.01 EMPLOYEMENT 18.02 MOVEMENT NETWORKS 19 INFRASTRUCTURE 19.03 DEVELOPMENT INFRASTRUCTURE 21 MUNICIPAL STRATEGIC STATEMENT 22 LOCAL PLANNING POLICIES 22.04 SPECIFIC SITES 22.04-1 Mayday Hills 35.07 MIXED USE ZONE 35.08 RURAL ACTIVITYDraft ZONE 43.01 HERITAGE OVERLAY 44.06 BUSHFIRE MANAGEMENT OVERLAY 52.17 Native vegetation 56 Residential subdivision 65 DECISION GUIDELINES 65.01 APPROVAL OF AN APPLICATION OR PLAN 65.02 APPROVAL OF AN APPLICATION TO SUBDIVIDE LAND Referrals: North East Water – No objection and no conditions. Country Fire Authority – No objection subject to conditions SP Ausnet - No objection subject to conditions

Internal Council’s Manager Assets & Property has been consulted in relation to the Departmental application and has provided conditions. Advice

Page 42

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

COMMUNITY ENGAGEMENT Notice of the application was given to surrounding and nearby properties and a notice was placed in the Oven Murray Advertiser. One objection has been received. A full copy of the objection has been provided to Councillors for consideration and the issues raised are addressed in this report.

DISCUSSION Relevant planning policy in relation to the proposal is listed earlier in this report and it is noted that there are a number of themes that influence decision making in relation to a proposal such as this.

Off Site Impacts

Access The Traffic Impact Assessment Report (TIAR) submitted was referred to Council’s Assets Department, which has provided conditions in respect to the need to upgrade the road infrastructure.

Access to the proposed new properties will be provided over a common property road network. The road network has served the site for many years and a section 173 agreement, among other matters, mandates that those roads must be trafficable by the general public. In practical terms, persons travelling to or from the new lots will perceive no difference between these common property roads and the public road network. The section 173 agreement mandates that Council is required to maintain the roads.

The TIAR concludes that there are no traffic engineering reasons that would preclude the issue of a Planning Permit for the development, subject to Council approval of the utilisation of the existing road infrastructure.

Suitability of the site for subdivision That part of the site that is the focus of the subdivision is within the Mixed Use Zone which is a ‘residential’ zone where higher density housing is encouraged. The size of the proposed lots are not particularly dense within the context of the Victorian planning system but may be considered to be so in comparison to the existing use of the land. The land is topographically suitable for subdivision and can be serviced by reticulated services. Having regard to the Clause 56 assessment provided as an annexure to this report, it is considered suitable for subdivision as generally proposed.

Mixed Use Zone Draft The purpose of the MUZ includes:  To provide for housing at higher densities.  To encourage development that responds to the existing or preferred neighbourhood character of the area. Density of housing had been mentioned earlier in this report. The neighbourhood character of this immediate area is historic in nature and a preferred neighbourhood character will emerge as this and other areas of the Mayday Hills site become available for redevelopment. Planning seeks to encourage land to be put to its highest use given the zone that it lies within. The proposed subdivision is in keeping with a preferred, future neighbourhood character for this land.

Clause 32.04-4 deals with subdivision of land and requires that any application of 16 – 59 lots must meet the objectives of all Rescode Clauses except 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3. An assessment against Clause 56 is provided as an Annex to this report. The subdivision substantially complies with the relevant requirements of Clause 56.

Page 43

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The decision guidelines of Clause 32.04-14 require the following to be considered, as relevant: General matters  The Municipal Planning Strategy and the Planning Policy Framework.  The objectives set out in a schedule to this zone.  Any other decision guidelines specified in a schedule to this zone.  The impact of overshadowing on existing rooftop solar energy systems on dwellings on adjoining lots in a Mixed Use Zone or Residential Growth Zone.

Subdivision  The pattern of subdivision and its effect on the spacing of buildings.  For subdivision of land for residential development, the objectives and standards of Clause 56 The application has been assessed against the relevant State and Local planning policies and found to be supported by the relevant policies. There are no objective or additional decision guidelines within the schedule to the MUZ.

The pattern of subdivision allows for reasonable choice in the siting of dwellings for future landowners and the objectives and standards of Clause 56 have been explored in the Annex to this report and found to achieve all of the objectives of the clause.

The subdivision has a number of undesirable characteristics. Some modification of the plans via conditions is therefore considered desirable to improve the future form of development facilitated by the subdivision of the land. This includes:

 The multiple dual frontage lots which do not necessarily result in a good urban design outcome. While the proposal seeks to utilise existing infrastructure where possible, there are areas where it serves no practical purpose and it should be rationalised at the time of subdivision so as not to leave a legacy that cannot be resolved in the future. An example of this is the space between lots 36-38 and 39-41 which can be removed, increasing the depth of lots. Existing infrastructure where required for drainage, can be accommodated within easements.  Lots 42-46 dual frontage. Consideration should be given to the treatment of the northern side of these lots (especially lots 42 – 44 due to interface with kindergarten). In this regard requirements can be placed on title to require consideration of future built form and passive surveillance (dwellings frontingDraft the northern boundary).  The plans show the road encroaching into lots (see lots 42 and 45) and provide insufficient road width for pedestrian paths (see lots 42, 45 and 40). It will be necessary for the proposed lots to be modified to allow sufficient area within the common property to accommodate all necessary infrastructure (including paths).  Irregularities in lots 45, 38, 36 and to a lesser extent the rear of lot 47 should be resolved by regularising the dimensions of the lots. The same applies to lot 50 where a splay should be employed.  Proposed lot 63 is required to be consolidated with the remainder of the land in the Rural Activity Zone to allow a permit to issue.

At this point in time application has only been made to subdivide the land. Due to the size of the lots, all trees are deemed as lost and will require a separate planning permit to be obtained for their removal.

Page 44

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

RISK & OPPORTUNITY MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments If Councillors resolve to Possible Minor Low Council will be approve the application required to subject to conditions, defend the objectors may appeal the decision at VCAT. decision at VCAT. The applicant may appeal Possible Minor Low Council will be against conditions placed on required to any permit issued at VCAT defend the conditions at VCAT. If Council resolve to refuse Possible Minor Low Council will be the application, the required to applicant may appeal the defend the decision at VCAT. decision at VCAT.

SOCIAL / CULTURAL IMPLICATIONS There are no anticipated social or cultural implications.

ENVIRONMENTAL IMPLICATIONS The applicant has provided a report from a suitably qualified person that indicates that the land is not contaminated to levels that are disadvantageous to human health and satisfies the relevant environmental standards as established by the EPA. Further environmental impacts such as impacts on the amenity of the area have been commented on above and it is considered that permit conditions in relation to the construction and future use of the site will regulate potential onsite and offsite impacts.

LEGISLATIVE IMPLICATIONS There are no legislative implications associated with this application.

CONCLUSION The proposed subdivision is generallyDraft acceptable subject to conditions to be placed on any permit that may be granted.

The future use of the site for housing is encouraged by the planning scheme and the proposal adds to the diversity of housing options available within the Shire. The additional residents will add to economic activity in Beechworth and surrounding area and ensure that more efficient use is made of social and development infrastructure in the town.

DECLARATION OF CONFLICT OF INTEREST Under Section 80C of the Local Government Act 1989, the following Officers declare that they have no conflict of interests to disclose in providing this report:  Greg Pinkerton – Director Planning & Corporate Services  Ian Scholes – Manager Planning & Statutory Services

Page 45

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Attachments 1. PP19-0278 - Conditions 2. PP19-0278 - Proposal 3. PP19-0278 - 173 Agreement 4. PP19-0278 - Clause 56 assessment for 16-59 lots

Draft

Page 46

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

10.6 PLANNING PERMIT APPLICATION PP18-0074 - 12 KIRBY FLAT ROAD, YACKANDANDAH File No: 2020/727 Ian Scholes - Manager Planning & Statutory Planning & Corporate Services Services

For Decision

RECOMMENDATION That Council approves application PP18-0074 for the subdivision of the land into 11 lots and the removal of native vegetation at 12 Kirby Flat Road, Yackandandah subject to the conditions included at Attachment 1 and issues a Notice of Decision to Grant a Planning Permit.

RESOLUTION That Council approves application PP18-0074 for the subdivision of the land into 11 lots and the removal of native vegetation at 12 Kirby Flat Road, Yackandandah subject to the conditions included at Attachment 1 and issues a Notice of Decision to Grant a Planning Permit.

Moved: Cr Shepheard Seconded: Cr Goldsworthy

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

PURPOSE OF REPORT The purpose of this report is to facilitate Councils consideration of an application to subdivide the property at 12 Kirby Flat Road, Yackandandah into 11 lots under the relevant provisions of the Indigo Planning Scheme in accordance with the Planning and Environment Act 1987.

The application was originally for 12Draft lots but has been amended to 11 lots so that large trees can be retained and avoided.

The application was placed on public notice and it attracted 14 objections and one petition of approximately 180 signatures. The issues raised by the submission have been addressed in this report. As a number of objections have been received and the application is to create more than 10 additional lots, the application is beyond the delegation of Officers. The recommendation is that Council approve the application subject to conditions and that Council issue a Notice of Decision to Grant a Permit.

SUMMARY OF APPLICATION Application PP18-0074 Number Applicant/Owner Les Keeble C/- Casey Collins Spiire - Shepparton

Page 47

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Subject Land Lot 15 on PS636962, more commonly known as 12 Kirby Flat Road, Yackandandah. Proposal 11 Lot subdivision and removal of native vegetation.

This property is the balance parcel of land from previous subdivisions which created Keeble Way and lots to the north of this fronting Back Creek Road.

Two previous applications for subdivision of this parcel had lapsed without determination based on the merits of the applications.

The land currently contains a dwelling on proposed Lot 8, which is the land in the Rural Living Zone.

The subdivision proposes to provide pedestrian access from the internal road to Keeble Way between Lots 3 and 9 and alongside Lot 10.

With the exception of Lot 8, all lots lie within the Low Density Residential Zone (LDRZ).

Draft

Page 48

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Draft

Figure 1 – Proposed subdivision plan with building envelopes

Page 49

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Figure 2 - Site context with the Yackandandah Township.

Site Context The subject land is located approximately 2kms south of Yackandandah and has frontage to Kirby Flat Road and Keeble Way. The property consists of a single lot of 16.44 hectares that lies in two zones. The land slopes approximately 40 metres down from south to north with a waterway conveying water to the north. The site contains a single dwelling and six farm dams enhance the property.

Access to the siteDraft is via sealed roads (Myrtleford-Yackandandah Road, Back Creek Road, Kirby Flat Road and Keeble Way. To the north-west, west, south and south- east of the site the land lies within the rural living zone with lots developed with rural lifestyle dwellings and some small scale agricultural pursuits being undertaken.

Subject site Zoning and Low Density Residential Zone (Pt) (LDRZ), and Overlays Rural Living Zone (Pt) (RLZ) Bushfire Management Overlay (Pt) (BMO) Development Plan Overlay (Pt) (DPO5) Surrounding LDRZ Zoning and RLZ Overlays BMO DPO5 Permit Clause 32.03-3 (LDRZ) requirements A permit is required to subdivide land. Each lot must be at least 0.4 hectare for each lot where reticulated sewerage is not connected or 0.2 hectare for each lot with Page 50

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

connected reticulated sewerage.

Clause 35.03-3 (RLZ) A permit is required to subdivide land. Each lot must be at least the area specified for the land in a schedule to this zone which requires a minimum lot size of 2 hectares with an average of 4 hectares.

Clause 64.03 relates to the subdivision of land in more than one zone and provides that if a provision of the scheme provides that a permit is required to subdivide land and the land is in more than one zone a permit may be granted even if one of the lots does not comply with the minimum lot size requirements of a zone.

Permit Requirement A permit may be granted to create one lot smaller than specified in the scheme if all of the following are met:  The lot to be subdivided is in more than one zone and cannot comply with the minimum lot area specified in the scheme.  The proposed subdivision does not create lots where any lot extends into more than one zone. This does not apply to any lots created for the following purposes:  To comply with the requirements of the Urban Floodway Zone.  To provide access to a road.  The remainder of the proposed lots must comply with the minimum lot area specified in the scheme. Clause 44.06-2 (BMO) A permit is required to subdivide land.

Relevant Scheme 11. SETTLEMENT Provisions 11.01-1S Settlement 11.01-1R Settlement – Hume 11.03 Planning for Places 11.03-6 Regional and Local Places 13 ENVIRONMENTAL RISKS AND AMENITY 13.02 BUSHFIRE 13.02-1S BushfireDraft planning 13.04-1S Contaminated and potentially contaminated land 15 BUILT ENVIRONMENT AND HERITAGE 15.01-1S Urban design 15.01-3S Subdivision design 15.01-4S Healthy neighbourhoods 15.01-5S Neighbourhood character 15.03-2S Aboriginal cultural heritage 16.01 RESIDENTIAL DEVELOPMENT 16.01-1S Integrated housing 16.01-2S Location of residential development 16.01-3S Housing diversity 18.02 MOVEMENT NETWORKS 18.02-1S Sustainable personal transport 18.02-3S Road system 19 INFRASTRUCTURE 19.01-1S Energy infrastructure

Page 51

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

19.02-6S Open space 19.03 DEVELOPMENT INFRASTRUCTURE 19.03-2S Infrastructure design and provision 19.03-3S Integrated water management 19.03-4S Telecommunications 20 LOCAL PLANNING POLICY FRAMEWORK 21 MUNICIPAL STRATEGIC STATEMENT 21.01 MUNICIPAL PROFILE 21.02 KEY ISSUES 21.03 VISION 21.04 OBJECTIVES AND STRATEGIES – INDIGO SHIRE 21.05 OBJECTIVES AND STRATEGIES – TOWNSHIPS AND RURAL AREAS 21.05-4 Yackandandah 21.06 REFERENCE DOCUMENTS 22 LOCAL PLANNING POLICIES 22.01-3 Residential subdivision and development 22.02-1 Landcare & Catchment Management 22.03-2 Fire Hazard 22.03-4 Effluent Disposal & Water Quality 22.03-11 Stormwater Management Policy 32.03 LOW DENSITY RESIDENTIAL ZONE 35.03 RURAL LIVING ZONE 43.04 DEVELOPMENT PLAN OVERLAY SCHEDULE 5 TO THE DEVELOPMENT PLAN OVERLAY 44.06 BUSHFIRE MANAGEMENT OVERLAY 52.17 Native vegetation 56 Residential subdivision 64.03 SUBDIVISION OF LAND IN MORE THAN ONE ZONE 65 DECISION GUIDELINES 65.01 APPROVAL OF AN APPLICATION OR PLAN 65.02 APPROVAL OF AN APPLICATION TO SUBDIVIDE LAND Referrals: North East Water Country Fire Authority AusNet Internal Council’s ManagerDraft Assets & Property has been consulted in relation to the Departmental application and has provided conditions to be placed on any permit that may be Advice granted.

COMMUNITY ENGAGEMENT Public notice of the application was given to 22 surrounding and nearby property owners and occupiers. A total of fifteen submissions were received in opposition to this application. They are broken down as follows:  One submission that was not a valid objection under the Planning and Environment Act 1987. This submission raised no reasons for the objection and gave no indication of how the submitter would be affected by the granting of the permit. It simply stated opposition.  Two submission were received from the same person.  One petition of 180 signatures was received seeking the protection of native vegetation habitat. Of these signatures, 51 were from more than 5 kilometres away. Copies of those submissions have been provided to Councillors. The following table identifies the issued raised and provides an officer’s response to the submissions.

Page 52

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Issue Response Water supply is North East Water did not require lots to be connected to reticulated inadequate to service water. Notwithstanding this, it is good planning practice, supported by the subdivision. VCAT that where practical, reticulated water must be provided to subdivisions. Sewerage services are The applicant was advised that were the subdivision approved, the lots inadequate to service in the LDRZ must be connected to the reticulated sewerage system. the subdivision. Electricity supply is Ausnet Services Pty Ltd did not object to the subdivision. As the provider inadequate to service of electricity services, it can be assumed that the applicant would have the subdivision. to ensure that services were connected and functioning prior to Statement of Compliance being issued. NBN infrastructure is If fibre optic NBN services are available, the developer must arrange inadequate to service connection to each residential lot. No obligations apply to land where the subdivision. fibre optic services are not available. Traffic will become a A Traffic Impact Assessment Report was provided as part of the safety issue. application and has been considered by Council’s Assets Department. Council required an amendment to the proposed location of the intersection of the internal court bowl with Kirby Flat Road. The type of land use is The majority of the Land is Zoned LDRZ which is a residential zone where not appropriate. the purpose of the zone is, inter alia, To provide for low-density residential development on lots which, in the absence of reticulated sewerage, can treat and retain all wastewater. Land values will VCAT has consistently determined that variations to third party property decrease for values is not a planning consideration when considering an application. surrounding landowners. Noise. The noise expected from such a development, and future dwellings could not reasonably be expected to be detrimental to neighbouring properties. Loss of native A Native Vegetation Report submitted with the application has vegetation. identified that very little of the vegetation on the land requires a planning permit for its removal. Notwithstanding this, since public notice was undertaken, a revised plan of subdivision has been submitted that has variedDraft the location of the building envelopes and a requirements on any permit that may be granted would require connection to the reticulated sewerage network, This would reduce the area of clearance required for septic effluent absorption fields for the LDRZ lots. The original 12 lots subdivision has been reduced to 11 lots combining the original Lots 7 and 8 to reduce the vegetation loss. Loss of fauna habitat. Removal of vegetation may result in habitat loss for native fauna. It does not follow that such removal requires planning permission. A very limited area of vegetation removal requires planning permission and appropriate offsets have been identified within the Native Vegetation report. Visual pollution from Simply because an existing resident can see a new dwelling to be new houses. created on the subdivided lots does not necessarily result in visual pollution. With few exceptions, VCAT has determined that there is no right to a view. Storm water drainage Conditions from Council’s Asset Department would address issues is inadequate to around stormwater drainage were a permit to be granted for this Page 53

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Issue Response service the subdivision. subdivision. Residential The LDRZ is a residential zone. It is not reasonable for residents in a development would be Rural Living Zone to expect that properties in a residential zone should detrimental to the not be developed for residential purposes. rural character of the area. The dam on proposed Officers are not aware of the dam on proposed Lot 11 being a place of Lot 11 is a place of last last resort. It would be unusual for such a place to be located on private resort in case of property where potential users could be considered trespassers. bushfire. Dams are used as part Drainage conditions would be placed on any permit that was to be of the overland flow granted by Council’s Assets Department. path for stormwater. The proposal would Within the Subdivision, the owner can place drainage easements over require the discharge lots to be created. of stormwater though other lots within the development and the dams being in private ownership may become available as part of the stormwater management system An objector alleged Were any native trees destroyed unlawfully, it is a matter for planning that the landowner enforcement. VCAT has consistently refused to consider unlawful had previously previous actions when determining an application; observing that it was destroyed trees on the Council’s responsibility to undertake planning enforcement where site to facilitate the required. current proposal. Earthworks have been The LDRZ contains no permit triggers for the undertaking of earthworks undertaken without a on the land. permit to prepare the Within the schedule to the RLZ, earthworks that change the rate or site for subdivision. discharge Draftpoint of flow of water across a boundary and earthworks that increase the discharge of saline groundwater requires a planning permit. It is not apparent from the objection that either of these issues have triggered a need for a permit. Insufficient With the exception of consideration within the decision guidelines of the infrastructure exists in zone of the matters in Clause 56.07, the LDRZ is not required to provide the area for safe and a response to the usual residential subdivision requirements in Clause effective pedestrian 56 of the scheme. Council’s Assets Department evaluates the need for and cycling access such infrastructure and provides conditions to be placed on any permit toward Yackandandah. that may issue that determines the locations and standards for any such The previous infrastructure construction. subdivision proposed The amended application now provides for a walkway from the such access to lead to proposed internal road between Lots 3 and 9 and along the side of Lot Steel Road but this has 10 to access Keeble Way which will link through the pathway near the not eventuated. end of Keeble Way to the new path which will be constructed by Council across land at the western end of Steele Street and through to the Yackandandah Sports Park.

Page 54

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Issue Response No provision has been Council is normally only required to refer subdivision applications of made within the more than 60 lots to the Department of Transport for consideration of proposed subdivision bus and other public transport matters. This is not a matter that is for school buses to provided for in the decision guidelines of the zone or Clause 65. service the subdivision. Suggestions were made to rectify this issue. The proposed location This issue has been identified by Council’s Assets Department and the of the internal road proposed permit conditions require a change in location of this that would service this intersection. subdivision is located where visibility from Kirby Flat Road is inadequate. Building envelopes A permit condition will require plans to be amended to reduce the should be reduced to building envelopes due to no septic waste absorption trenches being maintain vistas for required as connection to sewerage for lots in the LDRZ will be required residents of Keeble by permit condition. Apart from that, the desire of residents of Keeble Way. Way for the maintenance of their vistas has no planning merit. The potential for Any future application received for a future subdivision of any of the lots future subdivision of in this development would be assessed on its merits at the time. Lot 11 would increase traffic and have other impacts upon residents of Keeble Way. The proposal creates a The plan of subdivision will need to be amended to include all of the RLZ lot in two zones. land in a single lot. What justification was The application fee for this application was waived because a previous there for a waiver of application had lapsed because the requested further information had fees for this not been provided within the prescribed time. This application is application. essentiallyDraft the same as the previous application and no significant further work was required by staff to evaluate this application. On what ground were Clause 44.06-3 of the Indigo Planning Scheme states as follows: the Bushfire If in the opinion of the responsible authority any part of these Management Overlay requirements is not relevant to the assessment of an application, the requirements waived responsible authority may waive, vary or reduce the requirement. In this instance, the BMO applies to the small area in the north-west corner of the lot as indicated by the red circle in the map below and the BMO does not cover the area in which the building envelope for future housing is located.

Page 55

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Issue Response

Proposed lots are too Within the LDRZ, with lots connected to sewerage (that would be small. required of any permit issued) the land could be subdivided to a minimum lot size of 2000 square metres. The proposed lots are at least twice that size. The rural ambiance created within the surrounding RLZ is not appropriate to the LDRZ where such dispersion would be inefficient use of infrastructure.Draft Additional houses at The road network is capable of dealing with the additional traffic that this location would would seek egress from the area during an emergency. Traffic and road hamper evacuation conditions cannot be predicted for all emergencies and in the case of capacity in Haring Lane fire, recent changes to the way emergency services notify and during an emergency. encourage residents to leave early would create the opportunity for early departure for those who feel threatened by the predicted environmental conditions. Overlooking of the In planning, overlooking is not a function of being able to see into objectors’ property someone else’s property. Although Clause 55 (ResCode) does not apply from dwellings on lots to LDRZ land, planning does not consider that a site is ‘overlooked’ 2, 3, 10 and 11. except where the viewing point on the overlooking dwelling is within 9 metres of the area being overlooked. On lots in a LDRZ property, overlooking is not considered to be an issue. Council processes Council is bound by the requirements of the Planning and Environment disadvantage local Act 1987, associated regulations and the Indigo Planning Scheme. This residents. legislation and delegated legislation prescribes such matters as the time for which a permit application must be placed on public notice. Indigo Page 56

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Issue Response Shire Council also offers the opportunity for applicants and developers to attend a ‘Focus Meeting’, where issues surrounding an application are aired and discussion encouraged to seek to address concerns of objectors and developers. Such meetings are in addition to the prescribed consultation process and are not offered in many municipalities. Notwithstanding concerns regarding the process, the objector was one of the properties to which public notice was provided by letter. The petition received Many of the trees on the site are considered to be regrowth and are by Council seeks to exempt from the need for a planning permit. A permit is sought for the retain the trees on the removal of trees, the destruction of which does require planning lots as koala habitat. permission. Balancing up the desires of the developer with the principal of net community benefit does not mean that development must be curtailed in favour of environmental concerns. Rather, planning seeks to balance these issues. Any vegetation proposed for removal must be able to indicate how the opportunity to avoid removal, minimise removal or offset the removal of native vegetation. In this instance, where possible, building envelopes have been located on each lot in areas where vegetation is not as dense as alternative areas on those sites. Total avoidance is not feasible on this land where the LDRZ has been applied in expectation of future low density residential subdivision. Offsets for the removal of vegetation have been calculated within the environmental report provided with the application.

DISCUSSION Relevant planning policy in relation to the proposal is listed earlier in this report and it is noted that there are a number of themes that influence decision making in relation to a proposal such as this.

11.01-1R – Settlement – Hume This policy focuses the State direction for settlement on the Hume region, which includes Indigo Shire. Whilst it primarily focuses on the growth and development of the major regional cities, it recognises the need to foster the sustainability of small rural settlements. The development of land zoned for residential purposes contributesDraft to the sustainability of small settlements

11.02-1S – Supply of Urban Land This policy aims to ensure there is sufficient land zoned for various purposes to enable settlements to continue to grow and develop. In the case of Yackandandah, the subject land has been identified as suitable for residential development, it can be serviced and it is relatively unencumbered by environmental constraints, particularly the BMO which indicates that it is an appropriate location to direct population growth and development.

12.01-2S – Native Vegetation Management The protection of native vegetation is a tool in the management of Victoria’s biodiversity, and this clause links the two by ensuring that the principles of ‘avoid, minimise and offset’ are adhered to in assessing proposals which would have an impact on native vegetation.

Page 57

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

As noted above the Native Vegetation Report submitted with the application has identified that very little of the vegetation on the land requires a planning permit for its removal. Notwithstanding this, since public notice was undertaken, a revised plan of subdivision has been submitted that has varied the location of the building envelopes to avoid the removal of vegetation. Additionally the original 12 lot subdivision has been reduced to 11 lots combining the original Lots 7 and 8 to reduce the vegetation loss.

13.02-1S – Bushfire Planning Responding to bushfire threat is a central tenet of planning policy in Victoria. Clause 13.02 of the Planning Policy Framework sets out that the policy applies to land that is within a designated Bushfire Prone Area (BPA), subject to a Bushfire Management Overlay (BMO), or proposed to be used or developed in a way that may create a bushfire hazard. The subject land is not significantly affected by the BMO, however it is within the BPA, as is most land in Victoria.

Future dwellings built on the lots in the proposed subdivision will be required to be constructed to relevant standards under the Building Code of Australia, including the Assessment of the relevant Bushfire Attack Level (BAL) to meet with AS3959-2000 ‘Construction of Buildings in Bushfire-Prone Areas’.

15.01-3S – Subdivision Design This clause provides overarching guidance for the design of residential subdivisions, including walkability, safety, functionality and diversity. Many factors must be considered when designing subdivisions in new and existing residential areas to ensure neighbourhoods are liveable and sustainable, including providing a range of lot sizes to suit a variety of dwelling and household types.

15.01-5S – Neighbourhood Character State planning policy recognises the importance of consideration of neighbourhood character and its contribution to cultural identity and a sense of place. The pattern of local urban structure and subdivision, the underlying natural landscape character and significant vegetation, along with heritage values and built form are all identified as characteristics to be considered.

The proposal is not out of character with the surrounding area and as with the previous stages of the Keeble estate (that created Keeble Way and lots to the north of this fronting Back Creek Road, given the site location and context, the proposed subdivision will create its own neighbourhood character without detrimentally impacting onDraft surrounding LDRZ development and despite it being required to connect to sewer, it is not proposed to develop to maximum LDRZ densities.

Clause 21.04-1 builds on the issues identified in the Municipal Strategic Statement, and sets out the issues, objectives, strategies and their implementation. Two of the key issues identified which are relevant to the consideration of the current proposal are:  The orderly and serviced development of towns, and encouraging population growth to take place in these areas, and  Protecting and enhancing the character, heritage and environment of the Shire. Two of the key primary objectives in response to these issues are:  To provide for a range of residential and lifestyle opportunities whilst protecting agriculture, heritage assets and the natural environment, and  Ensure that the majority of population growth takes place within townships serviced by reticulated infrastructure and good social infrastructure. Strategies to enable Council achieve these objectives include:  Direct population growth to townships serviced by reticulated infrastructure and good social infrastructure.

Page 58

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

 Consolidate development in towns by encouraging infill development and development of land for the purpose it is zoned.  Identify the location of sites of recognized cultural and heritage significance and apply the appropriate planning scheme control.  Protect rural landscapes and sites of recognized environmental, cultural and heritage significance.

21.05-4 – Yackandandah This Clause identifies the key planning issues affecting Yackandandah, and the Township is identified as “a classic small country town with its landscape setting and existing mature trees”. The existing supply of land zoned for residential purposes is highlighted, and one of the key challenges is the retention of urban development within the town boundary. One of the key objectives is to “promote and support a compact urban form, which fully utilises existing and peripheral vacant residential area and which is provided with necessary infrastructure”.

Of the two strategies identified, one is pertinent to the current proposal: “Facilitate new residential, commercial and community development that respects the preferred compact character and heritage significance of the locality”.

The strategic map for Yackandandah indicates the settlement area which includes the subject land.

22.01-3 – Residential Subdivision and Development This local policy relates to new residential subdivision and development, along with medium density housing development, and it seeks to ensure this type of development is adequately serviced.

22.03-2 - Fire Hazard This local policy applies to all land in the Indigo Shire and seeks to address forms of use and development that may increase the level of fire risk. In terms of subdivision, consideration must be given to relevant design requirements and publications.

32.03 – Low Density Residential Zone The purpose of the Low Density Residential Zone is to provide for low density residential development, and sets out application requirements. In terms of decision guidelines, the LDRZ requires consideration of the protectionDraft and enhancement of the natural environment and character of the area including the retention of vegetation and faunal habitat.

56.07 – Integrated Water Management The considerations of the relevant standards of Clauses 56.07-1 to 56.07-4 are triggered by the LDRZ. These relate to the supply and use of drinking water and recycled water, the design of the wastewater management system, and the management of stormwater. The proposed subdivision is to be connected to reticulated water and sewerage services, and stormwater will be managed in accordance with best practice standards.

The Traffic Impact Assessment Report (TIAR) submitted was referred to Council’s Assets Department, which has provided conditions in respect to the need to upgrade the road infrastructure.

Page 59

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

RISK & OPPORTUNITY MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments If Councillors resolve to Possible Minor Low Council will be approve the application required to subject to conditions, defend the objectors may appeal the decision at VCAT. decision at VCAT.

The applicant may take Possible Minor Low Council will be umbrage to conditions required to placed on any permit issued defend the and may appeal those conditions at conditions to VCAT VCAT. If Council resolve to refuse Possible Minor Low Council will be the application, the required to applicant may appeal the defend the decision at VCAT. decision at VCAT.

SOCIAL / CULTURAL IMPLICATIONS There are no anticipated social or cultural implications.

ENVIRONMENTAL IMPLICATIONS The applicant has provided a report from a suitably qualified person regarding fill on proposed lot 11 that indicates that the land can be developed. Further environmental impacts such as impacts on vegetation have been commented on above.

LEGISLATIVE IMPLICATIONS There are no legislative implications associated with this application.

CONCLUSION The subdivision provide for fully serviced residential development in a relatively low risk location. The layout and density of development is entirely consistent in character with surrounding development and while not at maximumDraft zone densities, is considered to respond in a balanced way to environmental constraints (desire to protect vegetation) and the character of the area.

The application has been assessed against the relevant State and Local planning policies and found to be supported by the relevant policies. The future use of the site for housing is encouraged by the planning scheme and the proposal adds to the diversity of housing options available within the Shire. The proposed subdivision is considered acceptable subject to conditions to be placed on any permit that may be granted.

DECLARATION OF CONFLICT OF INTEREST Under Section 80C of the Local Government Act 1989, the following Officers declare that they have no conflict of interests to disclose in providing this report:  Greg Pinkerton – Director Planning & Corporate Services  Ian Scholes – Manager Planning & Statutory Services

Page 60

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Attachments 1. PP18-0074 - Conditions 2. PP18-0074 - Proposed Plan 3. PP18-0074 - Native Vegetation Report 4. PP18-0074 - Traffic Impact Assessment Report

Draft

Page 61

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

10.7 ASSEMBLY OF COUNCILLORS RECORDS File No: 2020/752 Greg Pinkerton - Director Planning & Corporate Planning & Corporate Services Services

For Decision

RECOMMENDATION That Council accepts the attached Assembly of Councillors records.

RESOLUTION That Council accepts the attached Assembly of Councillors records.

Moved: Cr Trenery Seconded: Cr Shepheard

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

PURPOSE OF REPORT The purpose of this report is to present Assembly of Councillors records to Council for acceptance.

BACKGROUND The Local Government Act 1989 (‘Act’) defines an assembly of councillors as a meeting of an advisory committee of Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half the Councillors and one member of Council staff which considers matters that are intended or likely to be: a) The subject of a decision of the Council; or b) Subject to the exercise of a Draftfunction, duty or power of the Council that has been delegated to a person or a committee.

An assembly of councillors does not include a meeting of the Council, a special committee of the Council, an audit committee established under section 139, a club, association, peak body, political party or other organisation.

DISCUSSION As required by the Act, the attached Assembly of Councillors records are presented to Council for acceptance (summarised in the table below):-

MEETING DATE Council Briefing 11 August 2020 Indigo Environment Advisory Committee 12 August 2020 Council Briefing 18 August 2020 Finance Committee 19 August 2020 Council Briefing 25 August 2020

Page 62

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

MEETING DATE Chiltern Destination Playground Project Steering Committee Group 26 August 2020 Council Briefing 1 September 2020

NOTE: The timing of the agenda distribution will sometimes make it difficult to provide a complete month. Please note that any items not included will carry forward to the following month.

COUNCIL PLAN/STRATEGY/POLICY Theme 5. Indigo's Civic Leadership & Governance Strategic Objective 5.2 Council provide good governance and its business is open and transparent

An Assembly of Councillors record is a mechanism for Councillors and officers to openly declare and report any conflicts that may have arisen during a defined assembly of councillors. This demonstrates to Council and the community that the decision-making occurring in these meetings is conducted with transparency and good governance.

FINANCIAL IMPLICATIONS There are no financial implications with this report.

LEGISLATIVE IMPLICATIONS Section 80A (2) of the Act requires that a written record of an Assembly of Councillors to be reported as soon as practicable to an Ordinary Council meeting and incorporated in the minutes.

This reports details the Assembly of Councillors that have occurred since the last Council meeting, and is prepared in accordance with the requirements of section 80A.

RISK & OPPORTUNITY MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments

That a defined assembly Likely Insignificant Medium Regular reminders to of councillors is not officers about the reported to Council. Draftrequirement to report assemblies.

Follow up of missing assemblies for known meetings.

CONCLUSION The Assembly of Councillor records attached to this report are a true and accurate record of all assemblies reported since the last report to Council.

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report.  Greg Pinkerton – Director Planning and Corporate Services  Annabel Harding - Governance Officer

Page 63

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Attachments 1. Assembly of Councillors - Council Briefing - 11 August 2020 2. Assembly of Councillors - Indigo Environment Advisory Committee Meeting - 12 August 2020 3. Assembly of Councillors - Council Briefing - 18 August 2020 4. Assembly of Councillors - Finance Committee - 19 August 2020 5. Assembly of Councillors - Council Briefing - 25 August 2020 6. Assembly of Councillors - Chiltern Destination Playground Project Steering Group - 26 August 2020 7. Assembly of Councillors - Council Briefing - 1 September 2020

Draft

Page 64

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

11. COMMUNITY & ECONOMIC DEVELOPMENT

11.1 RUTHERGLEN VISITOR INFORMATION CENTRE AND WINE SALES/LIQUOR LICENCE File No: 2020/743 Mark Florence - Director Community & Community & Economic Development Economic Development

For Decision

Cr Goldsworthy left the meeting for the duration of this item, due to a declared conflict of interest.

RECOMMENDATION That Council authorises the CEO to make an application to the Victorian Commission for Gambling and Liquor Regulation, for an appropriate Liquor License to enable the continuation of wine sales from the Rutherglen Wine Experience building, and as part of the operations of the Rutherglen Visitor Information Centre.

RESOLUTION That Council does not support any application to the Commission for Gambling and Liquor Regulation for any Liquor Licence to conduct wine sales at the Rutherglen Visitor Information Centre.

Moved: Cr Gaffney Seconded: Cr Price

For: Crs Bernard Gaffney, Sophie Price, Diane Shepheard and James Trenery Against: Crs Barb Murdoch and Jenny O'Connor

CARRIED

PURPOSE OF REPORT Draft This report seeks Council’s consideration of wine sales and the holding of a liquor licence at the Rutherglen Wine Experience building, and authorisation for the CEO to make the necessary application to the Victorian Commission for Gambling and Liquor Regulation for Council to hold an appropriate licence as part of its operation and management of the Rutherglen Visitor Information Centre.

BACKGROUND At its most recent meeting on August 25th 2020, Council resolved that the management and operations of the Rutherglen VIC become the responsibility of Council from September 1st 2020. The resolution was as a result of the Rutherglen Wine Centre Board and Destination Rutherglen relinquishing the responsibility for the management and operations of the Rutherglen VIC.

This Council decision has now been enacted and Council has undertaken all necessary transition processes.

Page 65

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

DISCUSSION For at least a decade, wine has been sold at the Rutherglen VIC as part of the Rutherglen Wine Experience offering, and under the licence held by Destination Rutherglen. Other products and merchandise are also sold through the VIC.

The recommendation above, may evoke some discussion as to the merits of a Council holding a Liquor License, and being engaged in the sale of wine at a service that it manages and operates. It may be argued that Council holding a Liquor Licence is at odds with its own directions adopted within the Municipal Public Health and Well Being Plan (MPHWP) in relation to development of a safer alcohol culture within the shire.

The MPHWP indicates that Indigo Shire ranks above the state average when it comes to drinking at a level that puts residents at risk of alcohol related injury in a single occasion, and that the shire rates above the state average in lifetime risk of alcohol related harm.

The MPHWP also recognises that Indigo Shire is home to a well-established wine industry, a raft of thriving cafés, restaurants and pubs and breweries. The contribution of these local businesses to the local economy, tourism and the social fabric of the communities is acknowledged and valued.

The MPHWP specifies ways that Council can contribute to the reduction of alcohol related harm by controlling alcohol availability, through planning decisions, by promoting safer drinking cultures and building local partnerships that will bring about change.

The MPHWP promotes harm minimisation from the misuse of alcohol, and focuses on strategies which support responsible behaviours and actions rather than significantly reducing the supply or prohibition of alcohol.

The MPHWP advocates for a balanced approach which seeks to highlight Council’s responsibilities to protect and promote public health outcomes, and to maximise the development of the local and shire economy through the particular product strengths. In Rutherglen, there is no greater strength to the tourism and business economy than the production and profiling of local wines.

Officers are of the view that Council holding a liquor licence is a not a contradiction to its responsibilities to protect public health and minimise harm, and that the regulations governing liquor licence holders, along with the initiativesDraft outlined in the MPHWP can establish a balanced response to create overall community benefit.

Council would be obligated to ensure compliance against all conditions and regulations set out in the relevant liquor licence, including ensuring all staff and volunteers working at the VIC hold up to date Responsible Serving of Alcohol accreditation, something that staff transitioning to Council employment, and the majority of current volunteers, already possess.

Council’s establishment many years ago of the RWCB S86 Committee of Council, and its associated Instrument of Delegation overseeing the operations of the VIC via Destination Rutherglen, which include wine sales, in effect has provided a demonstrable support for the sale of wine from the VIC.

The Rutherglen Wine Experience building is jointly owned by Council and the Winemakers of Rutherglen, and the fact that the owners have called the building the Rutherglen Wine Experience demonstrates that a major focus of the experience for visitors and community is wine, and that wine sales are part of that experience.

Page 66

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Selling wine at a VIC within a wine region such as Rutherglen serves a number of important purposes, including:  Providing local wine producers with an alternative marketing platform;  Improving the VIC experience for visitors;  Promoting an industry strength of the region; and  Providing commercial opportunities for wine producers and the VIC operator

The report A National Perspective on Visitor Information Servicing, which is a collaboration of State Government and tourism organisations, highlights the economic and social role that VICs play for the local economy:

“VICs play a critical role in promoting local businesses, events and council and community services to visitors. Through the information shared and the skilful sales and advice provided in person and online, VICs can have a positive impact on the overall visitor experience and unlock visitor spending, facilitating a flow on effect through increased visitor expenditure and stay duration.”

The report identifies one of the key social impacts of VICs is to support local producers by showcasing and selling their products through the VICs.

Key recommendations within the report related to visitor servicing include:  Harness commercialisation opportunities that offer value-add services to visitors, industry and the local community;  Consider the services and experiences that the VIC could offer to reinforce the area’s story, create a point of difference, add value to the visitor experience and increase dwell time in the centre and destination.

A national lens finds there are a host of Council-run VICs throughout Australia’s key wine regions which offer local wine as one component of the retail offer.

Table 1 provides a snap shot of a range of VIC’s which include Councils as the operator, the product offered at each centre, and the liquor license holder. Clearly the sale of wine at VIC’s in established and well recognised wine regions has many advantages.

Table 1: Summary of Council operatedDraft Visitor Information Centres – Product offerings

Information Centre Location Product Wine Region Operator Licensee

 Wine Bendigo  Arts and Craft Council Bendigo, VIC Bendigo City of Greater Bendigo Information Centre  Food operated  Merchandise  Wine Greater Shepparton  Arts and Craft Goulburn Council Greater Shepparton City Shepparton, VIC Visitor Centre  Food Valley operated Council  Merchandise  Wine Alpine Visitor  Beer Council Bright, VIC Alpine Alpine Shire Council Information Centre  Food operated  Merchandise Horsham and  Wine Council Horsham Rural City Grampians Visitor Horsham, VIC  Food Grampians operated Council Information Centre  Merchandise

Page 67

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Information Centre Location Product Wine Region Operator Licensee

 Wine Bass Coast Shire Council Phillip Island Visitor  Arts and Craft Council Phillip Island, VIC Gippsland Economic Development Information Centre  Food operated Manager  Merchandise  Wine Wagga Wagga Wagga Wagga,  Arts and Craft Council Wagga Wagga City Visitor Information Riverina NSW  Food operated Council Centre  Merchandise  Wine Hunter Valley  Arts and Craft Council Pokolbin, NSW Hunter Valley Cessnock City Council Visitor Centre  Food operated  Merchandise  Wine Southern Highlands Southern Council Wingecarribee Shire Mittagong, NSW  Food Welcome Centre Highlands operated Council  Merchandise  Wine Mudgee Mudgee Visitor  Arts and Craft Mid-Western Regional Mudgee, NSW Mudgee Region Information Centre  Food Council Tourism  Merchandise

Council officers are of the view that the continuation of wine sales at the Rutherglen VIC is important to the profiling of a region’s strength of product, the experience of visitors to Rutherglen, and the local wine producers. Officers believe that Indigo Shire Council is the most appropriate holder of the liquor licence at the Rutherglen VIC.

It is also considered that the sale of wine at the VIC is not detrimental to other businesses that sell alcohol in a particular town. The visitor experience presented at the Rutherglen Wine Experience is far more immersive in the history, location and production of specific wines, the links of winegrowers to the region and its cultural base, and creates opportunities for visitors to visit wineries and other features of the region.

The experience of a purchaser of alcohol at a supermarket bottle shop or large bulk alcohol sales venues, does not have the broad focus of appeal or attraction to a particular region or location which can fuel visitor stays and contributionsDraft to the economy.

The final point to be made in support of Council holding an appropriate liquor licence and to conduct wine tasting and sales at the Rutherglen, is the opportunity to establish and grow a revenue stream to offset the cost of operating the VIC. The net profit from sales of wine at the Rutherglen VIC is not excessive; currently estimated to be approximately $20,000 -$25,000 per year.

Whilst the benefits of achieving a net profit from the sale of wine at the Rutherglen VIC is useful to the performance of the operations, it is not critical. The main driver of wine sales is the experience offered to visitors, the opportunity for dispersal of visitors to other local and regional attractions and features, and as a strong link to regional product.

The report recommendation is based on the rationale as expressed in the discussion above. However, it maybe that Council may choose not to move into the holding of a liquor licence, preferring for the licence to be held by another organisation. This would be a valid resolution of Council and one which has been given consideration by officers.

Page 68

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Winemakers of Rutherglen is quite strong in its position that the Rutherglen Wine Experience building, should be just that – an opportunity for visitors to experience the product of regional wine and its associated local culture and provenance, and to drive dispersal of the visitors to parts of the local and regional tourism offerings.

To that end, Winemakers of Rutherglen has indicated a willingness to make application to become the liquor licence holder at the Rutherglen Wine Experience building, to allow the wine tasting and sales activity to continue, should Council resolve not to pursue a licence itself. Under such an arrangement, negotiations and discussions would be required to establish operating protocols for the sale of the wine by Council staff and volunteers, including the share of any revenue achieved through the activity. Initial conversations with Winemakers of Rutherglen Chairperson and Executive Officer, indicate that such arrangements could be achieved.

Options 1. Council to make application to the Victorian Commission for Gambling and Liquor Regulation for an appropriate liquor licence to enable wine tasting and wine sales to be conducted under Council management and operating responsibilities.

This is the recommended option as per the discussion above.

2. Support the Winemakers of Rutherglen Inc in making application to the Victorian Commission for Gambling and Liquor Regulation for an appropriate liquor licence to enable wine tasting and wine sales to be conducted under Council management and operating responsibilities.

Whilst acknowledging the willingness and capacity of Winemakers of Rutherglen, this option is not recommended.

3. Not support any application to the Commission for Gambling and Liquor Regulation for an appropriate Liquor License to conduct wine sales at the Rutherglen VIC.

This is not recommended as it would cease a long standing arrangement at the Rutherglen VIC, diminish the visitor experience, and negate local and regional wine producer opportunity. Draft

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 3. Indigo's Economy Strategic Objective 3.2 Indigo Shire has a thriving tourism industry Strategic Action 3.2.3 Finalise and implement the review of Visitor Information Services

Visitor Information Centres are important to the tourism and visitor economy, and the Rutherglen VIC has made contributions to the support of the visitor economy, along with the VIC’s at Beechworth, Yackandandah, and Chiltern.

The transition of the management and operations of the Rutherglen VIC to Council, including the continuation of wine sales, does provide a range of strategic opportunities, which when implemented will grow the influence of VIC’s as important tourism industry and visitor experience hubs.

Page 69

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

SOCIAL/COMMUNITY IMPLICATIONS As detailed in the report above, many Councils hold liquor licences as part of operating Visitor Information Centres. It is not evident that the holding of a liquor licence by a Council, and selling alcohol at a VIC is a negative influence on community. Nor does a Council holding a liquor licence and selling alcohol, demonstrate a contradiction to a Council’s responsibilities to work with others to facilitate the reduction and minimisation of harm caused by irresponsible alcohol use.

Indigo Council’s Municipal Health and Wellbeing Plan acknowledges the benefits of the tourism industry, including food and wine products, to the local and regional economy, which in turn provides benefits to local communities and residents. The Municipal Health and Well Being Plan calls for a balanced approach to foster the economic and community benefits borne out of a thriving tourism industry which contributes to health and wellbeing, and to reduce harm from inappropriate alcohol use.

ENVIRONMENTAL IMPLICATIONS Whilst this report does not deal with any specific environmental issues, in general, the bringing of the Rutherglen VIC into the Council stable of VIC’s will allow for existing and future environmental initiatives to be implemented in Rutherglen.

FINANCIAL IMPLICATIONS The sale of wine at the Rutherglen VIC generates an annual net profit of approximately $20,000- $25,000.

It is important to note that the achievement of the net cost to Council target result is not dependant on revenue from wine sales. Without the wine sales the forecast net cost to Council will accommodate the lack of revenue, but with wine sales, the net cost to Council will be reduced.

Additionally, the overall performance of the Rutherglen VIC operations could be affected by the timing and scale of any easing of COVID-19 related restrictions, and the capacity of visitors to travel to the region, and to generate other income at the Rutherglen VIC. This will be the same situation for the other VIC’s at Beechworth, Yackandandah, and Chiltern.

LEGISLATIVE IMPLICATIONS There is no legislation to prevent Draft a Council from holding a liquor licence. The holding of a liquor licence is based on a number of conditions and regulations associated with a range of legislation.

Council would be held accountable for its compliance against all of the required conditions.

RISK & OPPORTUNITY MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments

Community concern about Possible Moderate Low The implementation of Council holding a liquor appropriate measures as licence dictated by the Liquor Licence will ensure there is no change to what has existed for many years.

Page 70

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

COMMUNITY ENGAGEMENT

CONSULTATION/COMMUNICATION UNDERTAKEN Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Inform We will keep you informed, listen to and Joint communications from Council, acknowledge concerns and aspirations, and and the RWCB/Destination Rutherglen provide feedback on how input influenced has informed the community and other the decision. stakeholders of the transition and the various activities to be implemented.

CONSULTATION/COMMUNICATION PROPOSED Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Inform We will keep you informed. Joint communications from Council, and the RWCB/Destination Rutherglen will continue to inform the community and other stakeholders of the transition and the various activities being implemented.

CONCLUSION The adoption of the recommendations in this report will allow for the transition activities associated with Council assuming control of the management and operations of the Rutherglen VIC to continue and to ensure Council has complete responsibilities for the activities undertaken at the Rutherglen VIC, including the important elements of holding a liquor licence and wine sales.

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Mark Florence - Director Community and Economic Development

Draft Attachments Nil

Page 71

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

11.2 LAKES AND WATERWAYS ACTIVATION PLAN 2020-2030 File No: 2020/692 Kate Biglin - Manager Community Development Community & Economic Development

For Decision

RECOMMENDATION That Council adopts the Indigo Shire Council Lakes and Waterways Activation Plan 2020-2030.

RESOLUTION That Council adopts the Indigo Shire Council Lakes and Waterways Activation Plan 2020-2030.

Moved: Cr Shepheard Seconded: Cr Goldsworthy

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

PURPOSE OF REPORT This report summarises the feedback from the public submission process for the Indigo Shire Council Lakes and Waterways Activation Plan 2020-2030 and recommends the Plan be adopted.

BACKGROUND Indigo Shire Council received a Sport and Recreation Victoria Planning Grant to develop a Lakes and Waterways Plan to activate significant ‘green spaces’ across the shire. The Plan intends to identify key lakes and waterways of significance where improved infrastructure, management/governance arrangements and community awareness would result in more residents using these locations for active recreation. This plan is likely to be one of the first in regional Victoria from a local government authority and represents an innovative way of thinking about the Shire’s natural assets through a recreation lens. Draft

Otium Consultants were engaged in May 2019 via a competitive tender process to develop a project plan and manage the document development process in collaboration with the Indigo Shire Council Community Development Team. Otium Consultants were selected due to their significant experience in this specialist water activation and recreation planning area.

The following diagram outlines the process involved in the creation of the Lakes and Waterways Activation Plan.

Page 72

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Indigo Shire Council officers provided background materials, stakeholder contacts, local tourism and recreation information and assisted with various engagement activities including stakeholder workshops and the coordination of pop up sessions at Lake Sambell, Lake Anderson and Allans Flat Waterhole.

The draft Plan was presented to Council at its June 2020 meeting and placed on public display for 45 days. Stakeholders who had provided input were alerted to the public exhibition period via emails and/or phone calls.

DISCUSSION Five submissions were received in response to the public exhibition period. A table summarising the feedback and any proposed changes to the Plan is in the Community Engagement section of this report.

The Plan provides a framework for the strategic development of water specific recreation infrastructure and initiatives over Draft the next 10 years to increase participation and accessibility of Indigo Shire’s lakes and waterways.

To achieve this, the Plan:  Identifies current community usage of lakes and waterways across the Shire.  Identifies community needs, demands and priorities for lakes and waterways.  Identifies possible linkages between tourism, economic development and recreation activation of lakes and waterways in Indigo.  Provides a blueprint for increasing the accessibility and use of lakes and waterways.  Provides a clear action plan for programming and infrastructure, in collaboration with community, peak bodies and clubs, to increase participation in water-based activities.  Discovers land management challenges and establishes a partnership approach across land managers to tackling these challenges.

Page 73

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The Plan is aspirational and its implementation will rely heavily on identifying potential funding sources. An important element for Council and community to be aware of is the tension faced in relation to Council infrastructure versus non-Council infrastructure, and the associated funding issues – both capital and operating. The draft strategy makes reference to the management challenges and the different permitted uses and restrictions that may not be readily known to the community.

1. Community and Stakeholder Engagement Four stakeholder workshops were held face to face with Recreation, Tourism, Land Manager and Peak Sporting Groups. Over 40 surveys and interviews were also conducted with these four groups. An online survey was promoted to the community with 107 responses received. Pop-up sessions were held at three locations to discuss initial findings outlined in a discussions paper. These sessions attracted approximately 52 residents in total.

1.1 Stakeholder Group Findings Feedback from the stakeholder consultation with identified groups, surveys, workshops and interviews is summarised on pages 4-5 of the report.

1.2 Community Survey – DemographicsDraft and themes There were 107 community surveys completed. A review of the survey respondent demographic information indicates that:  More females (56.8%) than males (42.1%) responded to the survey.  The age group that represents the highest percentage of respondents was 40 to 49 years, 50 to 59 years, and 60 to 69 years (all 23.9%).  Nearly half of respondents (43.2%) lived in the 3747 post code, followed by 3691 (12.5%) and 3685 (11.4%).

There were a range of activities identified when respondents were asked to identify how they used the lakes and waterways. The most commonly identified activities are summarised below.

 Walking or bush walking 81.0%  Swimming 62.0%  Picnicking/BBQ 51.9%  Nature appreciation and birdwatching 50.6%  Paddle based water sports 38.0%

Page 74

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

 Cycling activities 36.7%  Water play 32.9%  Fishing from bank 30.4%  Camping 20.3%  Motor boat activities 15.2%

In order to gain an understanding of how often people used lakes and waterways, residents were asked to identify how often in the previous 12 months they used such areas. 50.6% of respondents visit and use lakes and waterways at least once a week or more.

To gain an understanding of which lakes and waterway areas were being used, survey respondents were asked to identify all the lakes and waterways that they had used. A total of 19 lakes and waterways were identified with the following graph showing the most commonly identified locations. Survey respondents were also asked to identify their most visited lakes or waterway which is also shown in the graph below.

Draft

1.3 Pop Up Sessions - Themes Three drop-in sessions were held in February at Lake Sambell in Beechworth, Lake Anderson in Chiltern and Allans Flat Waterhole.

Lake Sambell (15-20 attendees): People attending the drop-in session at Lake Sambell identified a range of activities or experiences they enjoyed about the lake. The responses identified: flora and fauna – traditional and native, water fun, walkability and the provision of shade. The key improvements attendees would like to see included: improvements to the walking path, protection of the area from development, community education opportunities for adults and children, play equipment and sensitive management of wetlands and trees.

Page 75

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Lake Anderson (15-20 attendees): People attending the drop-in session at Lake Anderson identified a range of activities or experiences they enjoyed about the lake. The responses identified: birdlife, walking around the lake, fishing, and it being good for families. These answers were dependent on there being water in the lake. The key improvements attendees would like to see included: deepening the lake, clearing weeds to reduce the choking of the waterways, listening to locals on lake requirements and creating lake surrounds that are attractive to visitors and families.

Allans Flat Waterhole (5-10 attendees): People attending the drop-in session at Allans Flat Waterhole identified a range of activities or experiences they enjoyed about the lake. The responses identified: fishing, swimming, the quiet nature of the area, nature play and camping on Crown Land. The key improvements attendees would like to see included: access to drinking water, signage on both the main road and within the reserve, rubbish management, improvements to the toilets, and limiting camping and visitor numbers.

1.4 Internal Stakeholders Feedback was collated internally from a range of officers in the Community Development and Infrastructure areas, including Recreation and Environment/Sustainability portfolios.

1.5 Discussion Paper Feedback Submissions were received from 26 members of the general public relating to feedback on the Discussion Paper.

2. Vision and Strategic Objectives The following Vision was developed to guide the delivery of this plan: The natural beauty of Indigo's Lakes and Waterways sites is celebrated, enhanced and protected. The outdoor recreation and tourism benefits of these sites are managed sustainably and collaboratively.

The following strategic objectives have been identified. There are then 3-5 strategies outlined under each strategic objective and series of recommendations with a priority weighting assigned to each of these recommendations. See pages 28- 35 of the Plan.

2.1 Activation Increasing recreational use through provision of programs and activities that encourage more people to be active on and around lakes andDraft waterways.

 Work with community groups and other partners to provide programs and activities that encourage people to use lakes and waterways.  Make it easier for people to try new activities and connect with clubs and groups through increased provision of information, awareness of opportunities and integrated communication strategies.  Encourage more community and sporting events that increase awareness of the opportunities available and increases residents and potential visitor’s awareness of the range of destinations and activities possible.  Encourage increased use through provision of appropriate infrastructure and information.  Ensure that activation strategies protect that the values of each site.

2.2 Infrastructure Provide appropriate facilities and accessible infrastructure to enable greater and more sustainable recreation and tourism use. (Site based plans have also been developed.)

Page 76

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

 Ensure that existing infrastructure is fit for purpose, appropriate for the site and facilitates sustainable use.  Identify future infrastructure needs to address current issues as a priority and continue to protect sites and enable recreation use.  Identify future infrastructure needs to expand or enhance recreation opportunities.  Ensure that infrastructure is maintained and replaced in a timely manner and that planning involves all stakeholders.

2.3 Management Manage activity and investment in recreation in a coordinated way that integrates the needs of multiple land managers and user groups.

 Develop a shared vision and strategy with all land and water managers to guide recreation use and investment in expanding recreation opportunity.  Agree on site –based objectives.  Improve communication and coordination with user groups and stakeholders around site and activity management.  Agree to shared approaches to dealing with activity management issues such as overuse/ overcrowding at some sites in peak times.  Investigate ways to simplify activity management process such as event permissions or enforcement of behaviour and use rules.

2.4 Awareness A coordinated approach will market, inform and promote the recreation opportunities available on lakes and waterways, the values of each location, and reinforces the differences in allowable use.

 Agree on a consistent approach to communicating management of and allowable uses at each site.  Ensure that information on the locations and recreation activities available is widely accessible, available across multiple platforms and channels and is updated frequently.  Coordinate promotion of recreation and tourism experiences (at lakes and waterways) to residents and visitors.  Ensure site wayfinding and signage clearly identifies site management and allowable uses and that a set of key messagesDraft on sustainable use are agreed

2.5 Environment & Culture Recreation use will be managed sustainably across a diversity of sites and managing agencies.

 Take a shared approach with land managers to agree on the range of recreation opportunities to be provided and the sites that can support these activities sustainably.  Provide for a diversity of opportunities across the region ensuring activities are located where sites and infrastructure can adequately support the use.  Develop education and information programs to promote sustainable use and change user behaviour where needed to more sustainably manage use.

3. Site Based Implementation Plans

A site based implementation plan is included as an appendix to the Plan and outlines activation actions and other recommendations for key sites across the shire.

Page 77

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Options Council has the option to undertake additional consultation and research prior to adopting this plan. As outlined above this project has had a strong and thorough engagement approach resulting in broad feedback received from across community and various subject matter stakeholder groups. It is recommended that the Plan progress to public exhibition in its current format.

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 1. Indigo's People & Communities Strategic Objective 1.1 Our community members are physically and mentally healthy and active Strategic Action 1.1.2 Develop recreational waterway use plan for waterways including lakes and rivers acrossDraft the Shire

SOCIAL/COMMUNITY IMPLICATIONS The community highly value the local lakes and waterways across the shire and see their natural beauty, flora and fauna as key benefits of living in Indigo. This plan aligns well with the expectations of good management and sustainable activation articulated through the community survey and additional engagement methods.

ENVIRONMENTAL IMPLICATIONS A key theme throughout the Plan and the engagement data related to the need to preserve natural habitats and manage any increased recreation activation in a sustainable and considered manner. Council’s Environment and Sustainability Officer has provided input in to the Plan addressing particular issues of concern such as week management.

Page 78

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

FINANCIAL IMPLICATIONS Approved This Proposal Variance to Budget $ Approved Comments $ Budget $ Revenue 30,000 30,000 0 SRV Planning Grant Expense 45000 45000 0 Consultant Fees Net Result (15,000) (15,000) 0

The table above references the costs associated in the development of the draft strategy. As canvassed earlier in this report, the financial implications for Council in terms of any contribution to development projects for either Council of non-Council land and infrastructure could be reasonably significant, and will need to be assessed in accordance with future budget deliberations, and take into account external funding opportunities, community and visitor benefit, and competing priorities.

LEGISLATIVE IMPLICATIONS The Governance Framework on page 25 of the Plan outlines a range of State Lands, Resources and Conservation Legislation that any management model and associated activation project will need to comply with.

RISK & OPPORTUNITY MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments

Unmet community Enter Likelihood Enter Low Significant consultation expectation regarding Consequence undertaken to date and engagement and additional public consultation. exhibition process planned. Lack of resources to Likely Moderate Medium The Recreation commit to the portfolio in currently implementation of the under service review Plan. and will consider this Draftissue. Lack of State Moderate Medium A strong engagement Government land Likely approach with land management support to managers will be enable implementation required to ensure of the Plan. project success.

COMMUNITY ENGAGEMENT CONSULTATION/COMMUNICATION UNDERTAKEN Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Collaborate We will work with you to ensure that your The policy was displayed on public concerns and aspirations are directly exhibition for 45 days. Input into the reflected in the alternatives developed and policy was be promoted via the ‘Have provide feedback on how input influenced Your Say’ section of website and via our that decision. media and communication channels.

Page 79

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Public Exhibition The below table is a summary of feedback and changes made to the Plan a result of the five submissions received. The submissions from the Murray to Mountains Community Advisory Group and Indigo U3A are attached to this report. All submissions, including three from individuals, have been circulated separately to Councillors.

Feedback How this has been addressed Murray to Mountains Community Advisory Group:

 Include Shaw’s Flat and consider  Change to Plan: Include a recommendation investigating a 4.1km kayak circuit to investigate a 4km kayak circuit starting  Consider investigating Sunday Creek from Shaws Flat (Page 46) as a canoe/kayak trail.

Indigo U3A:  Suggest access improvements to the  No changes to the Plan. The suggestion for Lake Sambell Walking Track. Lake Sambell improvements will be referred to the Lake Sambell Track Project.

 Include swimming pools in the Plan.  No changes to the Plan. The Shire’s swimming pools have a separate Indigo Shire Swimming Pools Development Plan.

Willows Reserve Committee of Management:  Rehabilitate Sunday Creek between  Change to Plan to include an action: the Murray River and Lake “Investigate Sunday Creek rehabilitation Moodemere Project”

Private resident  Disappointment regarding the level of  Noted. Face-to-face engagement was consultation in Wahgunyah undertaken at Rutherglen with stakeholder and community sessions. Individual Draftstakeholder engagement was undertaken via phone with Wahgunyah groups.

 Suggestions to improve Granthams  Change the Plan to include an action: Bend Reserve in Wahgunyah including “Work with the appropriate land managers construction of a boat ramp. for investigate formalising access into the river near Federation Bridge.”

 Suggestions to improve Granthams  No change to the Plan. Improved waste Bend Reserve in Wahgunyah including management, signage, entrance works and improved waste management, new fire pits are already actions for improved signage, improvements to Granthams Bend Reserve detailed in the the entrance, construction of a toilet Plan. A toilet was discussed with and new fire pits. stakeholders during engagement phase and found limited support.

 Lake Moodemere and – reinstate  No change to the Plan. There are bollards rocks to deter 4WD at Lake Moodemere. Page 80

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Feedback How this has been addressed

 Need to include Sunday Creek  As per above, Change to Plan to include an action to: “Investigate Sunday Creek rehabilitation Project”

 Include reference to the Murray River  No change to Plan. The Murray River Adventure Trail Adventure Trail would be included in the action to Coordinate promotion of recreation and tourism experiences to residents and visitors.

Private resident  Lake Sambell – specific sign  No changes to plan – signage request being amendment requested. referred to the Lake Sambell Track Project.

In addition, following internal officer feedback the Plan has:  Changed actions from being assigned with timeframes to priority ratings.  Introduced a statement clarifying the multiple land managers discussed in Tables 5 and 6.

CONSULTATION/COMMUNICATION PROPOSED Level of public Promise to the public/stakeholders Examples of techniques used/to use participation

Consult We will keep you informed. The policy will be available for public access on the Council website.

CONCLUSION The Indigo Shire Council Lakes and Waterways Activation Plan represents a unique opportunity for Council to leverage many natural assets for increased activation. The associated health and wellbeing improvements for residents as a result of recreating outdoors close to waterways have been well documented through research findings.Draft

The plan’s development has been comprehensive from the data and literature review through to the community engagement approach. By endorsing this plan Council is well placed to proactively manage and advocate for the infrastructure and other activation needs related to lakes and waterways.

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Mark Florence – Director Community and Economic Development  Kate Biglin – Community Development Manager  Sven Erikson – Community Development Coordinator

Attachments 1. Indigo Shire Lakes & Waterways Activation Plan 2020-2030

Page 81

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

11.3 DRAFT RIDE IT, WALK IT, INDIGO PLAN 2020 File No: 2020/715 Kate Biglin - Manager Community Development Community & Economic Development

For Decision

RECOMMENDATION That Council: 1. Receives the Draft Ride it, Walk It, Indigo Plan 2020 including the Trails Project Development Assessment Tools. 2. Places the Plan on public exhibition for 45 days following the conclusion of the Council Election Caretaker period on October 24th 2020.

RESOLUTION That Council: 1. Receives the Draft Ride it, Walk It, Indigo Plan 2020 including the Trails Project Development Assessment Tools. 2. Places the Plan on public exhibition for 45 days following the conclusion of the Council Election Caretaker period on October 24th 2020.

Moved: Cr Goldsworthy Seconded: Cr Murdoch

For: Crs Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Cr Bernard Gaffney

CARRIED

Cr Gaffney requested that his following statement be recorded in the minutes: “I believe that part of this plan has tracks and trails on private land. I have spoken to the Police about it and I have also spoken to the CEO about it.” Draft

PURPOSE OF REPORT This report summarises the development process for the Draft Ride It, Walk It, Indigo Plan and recommends the plan progress to public exhibition.

BACKGROUND The aim of the Ride It, Walk It, Indigo Plan is to provide a strategic framework to guide Indigo Shire Council on cycling, walking and horse riding opportunities such as paths / trails, infrastructure, events, programs and services for the next 10 years. Council requested this Plan to improve use of existing cycling, walking and horse riding infrastructure within the municipality and to increase participation rates in each of these physical activities. Improving infrastructure usage and participation rates can have a significant impact on the health and wellbeing of the community.

Page 82

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Communityvibe Consultants were engaged via a competitive tender process to develop the Plan in collaboration with the Indigo Shire Council’s Community Development Team. Communityvibe was selected due to their significant experience in the trails and recreation planning area in the North East region.

Indigo Shire Council officers provided background, stakeholder contacts, and recreation information and assisted with engagement activities including a community online survey, key stakeholder interviews and online engagement. The engagement phase of this project was impacted by the Covid-19 pandemic and in response pivoted to use interactive online mapping attracting more than 1000 unique individual views and more than 100 people leaving 222 additional comments.

Diagram 1: Strategy Methodology

DISCUSSION The plan provides a strategic framework to guide Indigo Shire Council in relation to cycling, walking and horse riding opportunities such as paths / trails, infrastructure, events, programs and services for the next 10 years. Draft To achieve this, the project team:  Conducted a detailed literature review to identify the benefits and trend of paths, tracks and trails usage.  Conducted an analysis of our community demographics and visitor demographics that engage with path tracks and trails across the shire.  Identified the existing paths tracks and trails throughout the shire (detailed in the background report).  Identified the ownership, management and maintenance of the various assists.  Identified community needs, demands and priorities for paths track and trails throughout the shire.  Identified community usage via the community survey.  Provided a blueprint for increasing the accessibility of our paths, tracks and trails.  Established a vision and set of planning principles to help guide the future provision of cycling, walking and horse riding opportunities.  Provided a clear action plan for programming and infrastructure, in collaboration with community and key stakeholders.

Page 83

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

 Discovered land management challenges and presented a partnership approach across land managers to tackle these challenges.

Community Engagement A suite of engagement tools were used to identify community needs related to cycling, walking and horse riding. Whilst a survey was undertaken primarily online in early 2020, community engagement sessions planned throughout the Shire in March had to be cancelled due to COVID-19 Level 3 restrictions. To respond to this, Council used an online engagement tool Social Pinpoint and key stakeholder meetings were held by telephone. In total 231 community surveys were received, 18 key stakeholder interviews, 14 written submissions, 7 Facebook comments and 222 comments made on the online interactive mapping, with 3152 visit from 1160 unique users.

Vision and Planning Principles To guide the future provision of cycling, walking and horse riding opportunities, a vision and a series of planning principles were developed. The vision:

Ride it, Walk it, Indigo: creating healthy, active and connected communities.

The planning principles: Promotes Programs and events will be developed to encourage more people to participation utilise paths/ tracks / trails. Some programs and events will be targeted at people who do not currently utilise or do not regularly utilise paths / tracks / trails as well as parents and school children to encourage greater numbers of children to walk or ride to school. Other programs and events will be developed or facilitated to provide participants with physical challenges. Visitors to the region will also be encouraged to extend their stay in the area to utilise local paths / tracks / trails.

Connected and Paths / tracks / trails are connected to the key destinations people want to convenient walk or ride to, e.g. schools, workplaces, shops, transport hubs, friends’ homes, entertainment venues, aged care facilities, recreational areas, parks, waterways, bushland. Paths and trails also provide an opportunity for communityDraft connections and friendships to develop through events, programs, working bees or social interactions.

Accessible and Paths / tracks / trails are easy to access from people’s homes. The cycling, inclusive walking and horse riding network provides opportunities for people of all abilities to utilise paths / tracks / trails. Seats, shade, bike parking and end of trip facilities will be provided as appropriate. Programs and events will be designed to be as accessible as possible for the broader community by ensuring that people feel welcome, opportunities are provided for all skill levels and barriers to participation (such as cost, transport, etc.) are minimised.

Quality Paths / tracks / trails are well designed and constructed using quality materials with a considerable lifespan. Programs and events will be professionally organised. All marketing materials and education programs will be of high quality.

Page 84

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Safe and Paths are designed with safety, comfort and low stress (e.g. quality comfortable surface, sufficiently wide trail, good visibility, minimal road crossings, suitable signage, etc.) in mind and are well maintained. People feel safe using paths / tracks / trails and all programs and events are designed with safety in mind.

Attractive and Paths / trails are designed to be visually attractive, located in pleasant enjoyable surroundings and provide views wherever possible. All marketing materials will be designed to be attractive.

Economic benefit Where paths / tracks / trails are designed to have a tourism focus, they are designed and located to promote economic benefits to local communities, e.g. located near accommodation, shops, breweries, wineries, etc, or promote the development of such infrastructure.

Environmental Paths / tracks / trails will be designed to protect the environment from benefit harm and where relevant, enhance the community’s understanding and appreciation of flora, fauna, landscapes, landforms, waterways, etc.

Utilises an evidence The future planning and development of paths / tracks / trails will be base based on sound evidence of need, utilising local data sources, identified strategies directions and through the use of the Trail Assessment Tool. Future programs and events will also be developed utilising methods that have been demonstrated to be successful elsewhere, but also taking into consideration local needs.

Strategies and Tools Ride It, Walk It Indigo is organised into 12 strategies:  Strategy 1 - Fill in the Gaps in the Existing Network.  Strategy 2 – Activate paths, tracks and trails.  Strategy 3 – Develop priority routes to key destinations.  Strategy 4 – Develop new paths,Draft tracks and trails.  Strategy 5 – Planning and design.  Strategy 6 – Management and Maintenance.  Strategy 7 – Increase safety and reduce cycling stress.  Strategy 8 – Encourage more people to ride and walk.  Strategy 9 – Establish a designated horse riding trail network.  Strategy 10 – Educate people about the benefits, rules and etiquette of paths, tracks and trails.  Strategy 11 – Promote existing paths, tracks, trails and opportunities.  Strategy 12 – Measure and evaluate.

Hierarchy The draft plan proposes a hierarchy to create a shared expectation for paths, tracks and trails according to the size of the Shire’s towns. The hierarchy proposed outlines desired provision for small, medium and large towns incorporating:  Footpaths.  Recreational cycling, walking and horse riding paths / tracks / trails.

Page 85

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

 Commuter route for cyclists.  Mountain Bike Parks.  Bike skills area / pump park / BMX track / horse riding facility.

This hierarchy has informed priorities in the action plan and will be able to be referenced in the consideration and development of future infrastructure projects.

Action Plan The document also contains an action plan prepared based on data from community consultations with key stakeholders and the community; audits; analysis of maps; Council’s policy and strategic position; with reference to best practice, trends and an understanding of the political and funding climate. It is noted that a number of these projects may be funded by external grants.

Trails Project Development Assessment Tools Two Trail Project Development Assessment Tools have been developed to assist Council to prioritise paths, tracks and trails (excluding urban footpaths). They have been modelled closely on the Capital Works Assessment Tool developed for the Active Indigo Recreation Plan. One tool has been developed for path / tracks / trail upgrades, and the other for new paths / tracks / trails. Urban footpaths will not be considered with these tools but will be referred to the existing Indigo Shire Footpaths Priority Assessment process.

The proposed criteria that paths / tracks / trails will be assessed against include:  Strategic planning.  Design.  Finances.  Benefits.  Safety, standards and best practice.  Usage.

During the public exhibition period, it is expected that the Assessment Tools will be “road tested” with possible projects, as a means to ensure that the Assessment Tools are useful and provide the appropriate level of criteria from which good decisions can be made. The Assessment Tools presented to Council for final adoption may vary from those presented in the draft. This will be particularly important when it comesDraft to developing priorities within any Capital Works plan.

Options Council may wish to undertake additional consultation and research, or to change the plan before placing it on public exhibition.

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 1. Indigo's People & Communities Strategic Objective 1.1 Our community members are physically and mentally healthy and active Strategic Action 1.1.3 Review and implement the actions of the Recreational Plan

SOCIAL/COMMUNITY IMPLICATIONS Being able to access trails for both connectivity and recreation is highly valued by the community. The community sees a well-considered network that provides options for all different users whether it be walking, cycling, horse-riding or mobility scooters and aids to be of high value and a key benefit of living in Indigo.

Page 86

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

ENVIRONMENTAL IMPLICATIONS The strategy provides guidance to ensure tracks trails and paths are well planned, designed, and made of sustainable materials and practical for the environments in which they are located.

FINANCIAL IMPLICATIONS Approved This Proposal Variance to Budget $ Approved Comments $ Budget $ Revenue 0 0 0 Expense $30,000 (30,000) 0 Net Result 30,000 (30,000) 0

The cost to develop this strategy was $30,000. Any projects identified within the Plan will be subject to achieving funding from external sources or via future Indigo Shire budget processes.

LEGISLATIVE IMPLICATIONS The associated Australian standards relating to any trails, paths, or tracks will be investigated and applied to any development as a result of action in this plan.

RISK & OPPORTUNITY MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments

Unmet community Likely Minor Low Significant consultation expectation regarding undertaken to date and engagement and additional public consultation. exhibition process planned. Lack of resources to Likely Moderate Medium The Recreation commit to the portfolio in currently implementation of the under service review plan. Draftand will consider this issue. Lack of State Likely Moderate Medium A strong engagement Government land approach with land management support to managers will be enable implementation required to ensure of the plan. project success.

COMMUNITY ENGAGEMENT CONSULTATION/COMMUNICATION UNDERTAKEN Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Collaborate We will look to you for advice and Face to face group stakeholder innovation in formulating solutions and sessions, individual conversations, incorporate your advice and online survey, online submissions for recommendations into the decisions to the discussion paper, maximum extent possible. interactive online mapping Page 87

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

A suite of engagement tools was used to identify community needs related to cycling, walking and horse riding. Whilst a survey was undertaken primarily online in early 2020, community engagement sessions planned throughout the shire in March had to be cancelled due to COVID-19 Level 3 restrictions. To respond to this Council used an online engagement tool Social Pinpoint and key stakeholder meetings were held by telephone.

Community Survey – A total of 231 community surveys were completed during this time. Results of the survey are interspersed throughout the strategy. The top 10 upgrades / developments requested in priority order include:  Complete the Beechworth to Yackandandah section of the Rail Trail.  Extend the Beechworth to Yackandandah section of the Rail Trail to Huon via Osbornes Flat, Kiewa and Tangambalanga.  Develop more safe, dedicated horse riding or bridle trails.  Complete the Epic Trail.  Develop clear / safe off-road cycling connections from Beechworth MTB Park back to the town.  Develop clear / safe off-road cycling connections from Yackandandah MTB Park back to the town.  Promote shared access (rather than single use access) by MTB riders, walkers and horse riders to all trails within state forest / NP areas.  Develop a shared path suitable for families between Barnawartha and Chiltern (potentially along old freeway).  Develop more footpaths in Beechworth.  Improve maintenance of walking trails in Beechworth Historic Park (Gorge).

Social Pinpoint – A total of 222 comments were received via this interactive online mapping consultation. The site was visited 3152 times by 1166 unique users. The 220 comments were contributed by 101 individual stakeholders. Key words from this consultation are presented in the word cloud below:

Diagram 2: Consultation Word Cloud

Draft

Page 88

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Stakeholders – 18 key stakeholder interviews were conducted throughout the duration of the project this included land managers, associated clubs, associations and community members. Themes arising out the interviews included working towards alignment with other government direction and strategies, a need to connect trail gaps and improve infrastructure surrounding trails and the recognition of the health and well-being value of active transport.

Written Submissions – 14 submissions were received mostly referencing specific sites issues and opportunities focusing on the west side of the shire including developing a link between Springhurst and Rutherglen along the old railway line. The opportunity of a cycle track from Lake Moodemere Reserve to Rutherglen and better linkages to take advantage of new Mulwala to Corowa Track (NSW) to bring trail users into the Shire via Wahgunyah. Others submission also focused on promoting the benefits of active transport, a series for more events promoting and utilising the trails as well as advocacy for better way finding and signage of existing trails.

Facebook comments – 7 people contributed feedback via comments to Facebooks posts which included a desire for a separate equestrian corridor in Rowdy flat instead of using the rail trail alignment. Improve works to the trail between Kiewa and Tangambalanga and the development of a cycle path between Barnawartha and Chiltern.

A background report accompanies the plan offering a further summary of the community engagement data.

CONSULTATION/COMMUNICATION PROPOSED Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Consult We will keep you informed, listen to and 45 day public exhibition period planned acknowledge concerns and aspirations, and for the draft document. provide feedback on how input influenced Media and communication planned on the decision. the launch of the adopted final plan to gain community interest.

CONCLUSION The Indigo Shire Council Ride It, WalkDraft It, Indigo Plan represents a valued opportunity for Council to take a considered and planned approach to developing the trails network throughout the shire. The associated health and wellbeing improvements for residents for recreation outdoors on the shire trails as well as using them for community connectivity has been well documented through research of this project. A key aim of this strategy is to ensure that Council is best positioned to create a cycling, walking and horse riding -friendly community, within its resource capacity.

The plan’s development has been comprehensive from the data and literature review through to the community engagement approach including the use of the online mapping engagement package as a result of limited community engagement options due to the Covid-19 pandemic. By endorsing this plan Council is well placed to proactively manage the infrastructure, advocate for development and seek external funding to deliver the priority actions of the plan.

Page 89

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Mark Florence – Director Community and Economic Development  Kate Biglin – Community Development Manager  Sven Erikson – Community Development Coordinator

Attachments 1. Draft Ride It, Walk It, Indigo 2. Background Report - Ride It, Walk It, Indigo

Draft

Page 90

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

11.4 COMMUNITY GRANTS AND COMMUNITY EVENT GRANTS ASSESSMENT CRITERIA File No: 2020/705 Kate Biglin - Manager Community Development Community & Economic Development

For Decision

RECOMMENDATION That Council: 1) Endorses the following assessment criteria for the Indigo Shire Community Grants:  The project aligns with Council Plan priorities  The project aligns with Municipal Public Health & Wellbeing Plan  The project benefits the local community; And in 2020/21 only, the additional assessment criteria of:  The organisation has experienced hardship due to bushfires and/or Covid-19.

2) Endorses the following assessment criteria for the Indigo Shire Community Events Grants:  The event aligns with Council Plan priorities  The event improves community connections  The event benefits the local community and participants  The applicant demonstrates capacity to deliver the event.

RESOLUTION That Council: 1) Endorses the following assessment criteria for the Indigo Shire Community Grants:  The project aligns with Council Plan priorities  The project aligns with Municipal Public Health & Wellbeing Plan  The project benefits the local community; And in 2020/21 only, the additional assessment criteria of:  The organisation has experienced hardship due to bushfires and/or Covid-19.

2) Endorses the following assessment criteria for the Indigo Shire Community Events Grants:  The event aligns with Council Plan priorities  The event improves communityDraft connections  The event benefits the local community and participants  The applicant demonstrates capacity to deliver the event.

Moved: Cr Price Seconded: Cr Goldsworthy

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

Page 91

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

PURPOSE OF REPORT The purpose of this report is to propose changes to the Community Grants and Community Event Grants assessment criteria.

BACKGROUND This report addresses the selection criteria for two of the grant programs delivered by Council:

 Indigo Shire Council Community Grants - $50,000 distributed annually An annual community grant process where community groups can apply for grants that align with strategic objectives related to Council Plan priorities. These grants are currently assessed by ISCGAAC, a Council advisory committee with 10 community representative from across the shire, a Council Officer and one Councillor Chair (no voting rights / decision making powers to determine grant distribution). Whilst the application process and criteria has evolved over a number of years, recent feedback has included that the application process is too cumbersome.

 Indigo Shire Council Community Event Grants - $15,000 distributed annually This grant stream commenced in 2019/2020 and provides support for community events across the shire with a focus on increasing social inclusion and community connectedness. These grants are assessed by a skills based evaluation panel. The inaugural meeting of the assessment panel gave feedback that the assessment criteria was very broad and needed stronger alignment to Council priorities.

Both grants are coordinated by the Community Development Officer who supports community groups to apply, and processes and collates applications. Both grant rounds for 2020 were scheduled to open in mid June 2020. They have been delayed due to the appropriateness of promoting these grants during Covid-19. Subject to the easing of Covid-19 restrictions, it is intended the grant rounds will open in late October 2020.

DISCUSSION

1. Bushfire and Covid-19 The impacts of the summer bushfires and Covid-19 have been significant for Indigo Shire communities. It is timely to refine these grant guidelines to ensure Council can allocate resources to projects and events that have broadDraft cross community benefit and align with Council’s strategic priorities. The socio-economic strain experienced in the community may result in an increase in applications. It is important for the application process to be straightforward for organisations, focusing on quality outcomes and transparency in the evaluation process.

Whilst Community Grants generally focus on assisting community groups to fund new projects and initiatives, this year many community organisations are experiencing financial hardship due to disruption to fundraising activities and regular events. It is recommended the 2020/21 Community Grants take a broader scope to allow for consideration of support to community organisations experiencing hardship due to bushfires and Covid-19.

The Community Event Grants will also play a role in bringing community together when Covid-19 restrictions allow, or in new and innovative socially-distanced ways. In addition to this ongoing Council-run Community Event grant fund, Council has received additional financial support from the State Government to work with communities to deliver events during the 2021 calendar year.

Page 92

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

2. Best Practice Research A comparative analysis of other Council community grants was undertaken including Moira Shire, Ballarat City Council, Stonnington City Council and Alpine Shire.

The popularity of online application portals and different grant funding cycles made the comparison of application forms challenging. However, information on the assessment and scoring process available through Council Guidelines and Policy documentation provided officers with useful insight. In particular, the trend across similar sized Councils was to use an online portal system to improve grant administration and reduce handling of paper applications.

The Australian Institute of Grants Management (AIGM) Good Practice Guide to Grants Administration was used as a reference to inform the recommended changes. The AIGM Principles for grants administration are Value for Money; Consistency; Fairness, Integrity and Transparency; Outcomes; and Evidence-based Approach. In line with this, the proposed changes are:  Value for money o Additional guidance has been added to both application forms. Applicants are asked to detail the beneficiaries, the activities and the outcomes. o Applicants are asked to detail how their proposal aligns with a strategic objective in Theme 1 People and Communities of the Indigo Shire Strategic Plan.  Consistency o Both grant application questions have been made more consistent. Applications for both grants will be assessed using a scoring matrix.  Fairness, Integrity and Transparency o Grants guidelines will detail the assessment process and scoring matrix.  Outcomes o Applicants are required to identify the outcomes of the project. o Applicants are required to identify both the immediate and long term benefits of the proposal for both individuals and the wider community.  Evidence-based approach o Applicants are asked to provide budget quotes and provide letters of support where applicable.

3. Objectives and Assessment Criteria Draft Community Grants The objective of the Community Grants Program is to provide an opportunity for community groups and organisations to seek funds for projects and initiatives that benefit the community at large, when funds are not readily available from other sources.

The eligibility criteria for Indigo Shire’s Community Grants Program is:  Applications will be considered only from locally based groups and organisations or those meeting a demonstrated need within the Shire.  One application per group.  Preference will be given to applications for projects where funding is not available from other sources.  The group or organisation must be non-profit making and open to or accessible by Indigo Shire residents.  All applicant organisations must either be incorporated, be auspiced by another group or become incorporated as a condition of funding.

Page 93

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

 Groups must demonstrate a significant contribution in the form of cash, voluntary service or in kind support. This will require greater flexibility in 2020/21 due to hardship experienced due to bushfires and Covid-19.  The applicant must have appropriate public liability insurance.  Applications will not be considered within the following categories: o Individuals. o Groups already in receipt of significant support from Council. o Programs considered the major responsibility of State or Federal Government. o Applications by commercial or private organisations. o Retrospective funding i.e. projects that have already been started or have been completed.

The proposed assessment criteria for future Indigo Shire Community Grants Program is:  The project aligns with Council Plan Priority (Score 0-3).  The project aligns with Municipal Public Health & Wellbeing Plan (Score 0-3).  The project benefits the local community (Score 0-3).

In addition, in the 2020/21 grant program only an additional assessment criteria:  The organisation has experienced hardship due to bushfires and/or Covid-19 (Score 0-3).

Community Events Grants

The objective of the Community Events Grants is to support community groups to ensure all residents are engaged in their community and have access to a range of recreational, social and cultural activities and events.

The eligibility criteria for Indigo Shire’s Community Events Grants Program is:  Applications will be considered only from locally based groups and organisations or those meeting a demonstrated need within the Shire.  One application per group.  Preference will be given to applications for events where funding is not available from other sources.  The group or organisation must be open to or accessible by Indigo Shire residents.  All applicant organisations Draft must either be incorporated, be auspiced by another group or become incorporated as a condition of funding.  Groups must demonstrate a significant contribution in the form of cash, voluntary service or in kind support.  The applicant must have appropriate public liability insurance to cover the event.  Preference will be given to events that prioritise sustainability and align with the Indigo Shire Local Food Policy.  The applicant will agree to complete the Waste Wise Event Toolkit.  Any funding awarded will be conditional on the event acquiring any relevant Council permits and licences.  Applications will not be considered within the following categories: o Individuals. o Groups already in receipt of significant support from Council. o Programs considered the major responsibility of another government agency. o Applications by commercial or private organisations. o Events supporting causes not aligning with Council values.

Page 94

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The proposed assessment criteria for the 2020/21 Community Events Grants is:  The event aligns with Council Plan Priority (Score 0-3).  The event improves community connections (Score 0-3).  The event benefits the local community and participants (Score 0-3).  The applicant demonstrates capacity to deliver the event (Score 0-3).

4. Online Grants Management Portal In 2020/21 Indigo Shire Council will trial an online grant portal to manage applications, reduce administrative resources required for each grant and reduce paper handling of applications. An online portal will assist the grant evaluation panel access applications and assessment tools remotely. There is now a community expectation that applications are managed online; federal, state and a large percentage of local government grant administration processes are managed by external grant portals such as SmartyGrants.

Options Council may choose to discard the proposed changes, or to change the criteria. There was a wide range of criteria reviewed, however the assessment criteria proposed in this report was considered to be the best balance to assess community benefit whilst creating a simple and streamlined application process for community applicants.

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 5. Indigo's Civic Leadership & Governance Strategic Objective 5.2 Council provide good governance and its business is open and transparent Strategic Action 5.2.2 Review and implement relevant changes arising from the review of the Local Government Act

SOCIAL/COMMUNITY IMPLICATIONS Providing a stronger link between the Council’s strategic objectives, outcomes and grant funding will be of benefit to the community. The community will have a clearer understanding of expectations from Council on both the information sought in the application forms and the wider outcomes that Council wishes to support. Draft Providing a scoring matrix will provide organisations with further confidence on the method of assessment and how their applications will be handled.

ENVIRONMENTAL IMPLICATIONS All Community Event Grant applications are required to submit an event waste management plan and are assessed on validity. Training is available from a Council Officers for applicants regarding their environmental impact.

Page 95

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

FINANCIAL IMPLICATIONS Approved This Proposal Variance to Budget $ Approved Comments $ Budget $ Revenue 0 0 0 N/A Expense $65,000 $65,000 0 Total Grants allocated per adopted budget.

Net Result ($65,000) ($65,000) 0 N/A

LEGISLATIVE IMPLICATIONS The Local Government Act dictates Councils must uphold high standards of community transparency and accountability and these changes help achieve this objective.

RISK & OPPORTUNITY MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments

Community organisations Possible Moderate Low Guidance provided on may find the additional new or amended questions more questions. Applicants cumbersome and don’t are strongly apply. encouraged to contact Community Development Team prior to submitting an application to discuss the proposal and any questions they have.

COMMUNITY ENGAGEMENT Draft

CONSULTATION/COMMUNICATION UNDERTAKEN Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Inform We will keep you informed. Both grants have previously been advertised to the community via Council website, face to face and drop in sessions.

Page 96

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

CONSULTATION/COMMUNICATION PROPOSED Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Inform We will keep you informed. Website and social media will be used to communicate the new grant dates, online application processes and new assessment criteria. A direct email to community groups will also be sent. Potential applicants will be strongly encouraged to contact the Community Development Team to discuss their application prior to applying to ensure eligibility and to ensure appropriate guidance is provided. Pop up grant information sessions will also be considered.

Specific communications will target applications from young people and arts groups, who have access to a quarantined pool of Community Grant funding.

The Community Directory on Indigo Shire’s website is currently undergoing a review with all organisations contacted to ensure details are up-to-date. The Community Directory will be used to promote the Community Grants and Community Events Grants funding rounds to a diverse range of groups. It is anticipated that promoting the grants to a wider audience, will draw more applications, particularly during the post bushfire and Covid-19 recovery phase.

CONCLUSION This report proposes changes to the Community Grants and Community Events Grants assessment criteria. Aligning applications more Draftclosely with the Council’s strategic plans and requiring applicants to articulate outcomes to be achieved will enhance the assessment process.

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Mark Florence – Director Community and Economic Development  Kate Biglin – Manager Community Development  Carlene Lamanna – Community Development Coordinator

Attachments Nil

Page 97

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

11.5 INDIGO SHIRE LOCAL FOOD POLICY 2020 File No: 2020/636 Kate Biglin - Manager Community Development Community & Economic Development

For Decision

RECOMMENDATION That Council adopts the Indigo Shire Local Food Policy 2020.

RESOLUTION That Council adopts the Indigo Shire Local Food Policy 2020.

Moved: Cr Goldsworthy Seconded: Cr Shepheard

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

PURPOSE OF REPORT To present the Local Food Policy 2020 for adoption after a period of public exhibition for 60 days.

BACKGROUND Indigo Shire Council officers have worked with the North East Local Food Strategy Working Group to strengthen local food systems in the North East since 2016/17. The development and implementation of the local food policy within local government is critical to provide the foundation for systems-level change to support a strong regional food economy. A stronger local food system has positive implications across the domains of health and wellbeing, the economy, agriculture and the environment. Draft The North East Local Food Strategy 2018-2022 has identified a priority action 1.2 as ‘Local councils have policies and strategies that aim to strengthen the local food system’. The development of this policy meets Council Plan Strategy Action 3.1.1 and aligns with several other Council strategies / plans as outlined in the Policy.

Indigo Shire Council Officers met with the Indigo Environment Advisory Group in October 2019 to identify interested participants for a working group to develop the policy. A project plan was created and distributed to interested representatives.

The working group included the following members: Peter Kenyon (Beechworth Community Resident), Anna Mackinlay (Beechworth Health Service), Sue Brunskill (Wooragee Community Resident), Jane Roots (Chiltern Landcare Group), Guy Wilkinson (Economic Development and Investment Attraction Officer) and Carlene Lamanna (Community Development Coordinator). The Beechworth Food Co-op has been an active stakeholder in the development of the policy.

Page 98

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The working group met on 14 November 2019 and 23 January 2020 to refine the policy draft. The final draft had strong support from the working group, two of which were heavily involved in the development of the North East Local Food Strategy.

The draft policy was put on exhibition for 60 days closing on 28 July 2020. Five submissions were received. A summary of each submission and proposed changes to the Local Food Policy is in the Community Engagement section of this report.

DISCUSSION The development of this policy has followed a project plan and has involved key stakeholders with a particular interest in the local food subject matter. The final draft is a result of a collaborative process and meets the balance of striving for systems change whilst also aiming to be accessible for residents.

The benefits of Indigo Shire Council adopting a Local Food Policy include:  Strengthens public health and wellbeing;  Recognises and supports access to Indigo Shire’s local food producers and agricultural sector;  Recognises that the food system is a key drive of local economic diversity, employment and resilience;  Complements Council’s commitment to action on climate change;  Fulfils the Council Plan action and supports delivery of a number Council’s strategies and policies.

Options Council may choose to undertake additional work or engagement on the policy prior to adopting the policy.

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 3. Indigo's Economy Strategic Objective 3.1 Indigo Shire has a growing local economy Strategic Action 3.1.1 Develop and implement a local food policy and support initiatives that strengthen the local food system and improve access to healthy food eg. Beechworth FoodDraft Co-op, farmers markets and produce swaps

SOCIAL/COMMUNITY IMPLICATIONS The positive community and social implications as a result of this policy are significant and include improved availability of local healthy food options, improved awareness of healthy food options, stronger community connections developed (i.e. community gardens, markets, food swaps etc.).

ENVIRONMENTAL IMPLICATIONS The potential environmental implications of this policy include reduced food waste and reduced food miles as a result of food redistribution and improved local food access.

Page 99

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

FINANCIAL IMPLICATIONS Approved This Proposal Variance to Budget $ Approved Comments $ Budget $ Revenue 0 0 0 Expense 0 <> 0 0 Net Result 0 0 0

The policy has been coordinated and developed internally without a net cost to Council beyond staff time.

LEGISLATIVE IMPLICATIONS There are planning scheme and food regulations relevant to this policy. Indigo Shire Council Planning Department have been consulted regarding the Food Policy. Feedback indicated that the policy would not be a statutory/listed incorporated document. It may be considered local content along with other Council strategies, policies and plans when planning applications are assessed. The Food Policy action item relating to planning regulatory amendments has been altered to ensure Council has an advocacy only role accordingly.

RISK & OPPORTUNITY MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments

Negative community Unlikely Minor Low Strong stakeholder feedback regarding the collaboration in the policy and its development of the development process. strategy should mitigates against this risk. Unrealistic community Possible Minor Low The policy sets out a expectations raised clear scope of Council’s regarding the Draftrole and articulates implementation of action areas with a actions focus on leadership and advocacy.

COMMUNITY ENGAGEMENT

CONSULTATION/COMMUNICATION UNDERTAKEN Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Consult We will work with you to ensure that your The policy was displayed on public concerns and aspirations are directly exhibition for 60 days. Input into the reflected in the alternatives developed and policy was be promoted via the ‘Have provide feedback on how input influenced Your Say’ section of website and via our that decision. media and communication channels.

Page 100

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Contact promoting the policy submission process was made to: - Beechworth Food Co-op - NECMA - Neighbourhood Houses - Health Services - Landcare - CWA - Emergency Relief Providers - North East Local Food Strategy Action Group Consult We will work with you to ensure that your The North East Local Food Strategy concerns and aspirations are directly Working Group (of which council was a reflected in the alternatives developed and part of) undertook significant provide feedback on how input influenced community consultation regarding local that decision. food throughout the development of this strategy. Empower We will implement what you decide. Indigo Shire Council has led a collaborative process of policy development with five key stakeholders. The majority of feedback received has been directly incorporated into this policy. The Indigo Environmental Advisory Committee have also reviewed and provided input into the policy.

Indigo Environment Advisory Committee (IEAC) considered the draft food policy at the 12 February 2020 meeting and provided general endorsement of the policy. It was noted that additional refinement of the policy was advised to strengthen implementation.

Public Exhibition Draft The below table is a summary of feedback and changes made to the policy as a result of the five submissions received. The submission from the Beechworth Co-op is attached to this report. All submissions, including four from individuals, have been circulated separately to Councillors.

Feedback How this has been addressed Under the Introduction, add a graphic depicting No change to the policy. The graphic suggested what a food system is and how complex it can will be considered as a tool for future be. community engagement. Stronger incentives for the support of local No change to the policy. The Local Food Policy growers and producers to be preferences in local formalises Council’s commitment to supporting shops, & events. and strengthening local food systems across the Shire. Specific actions will be considered as part Support for free food, particularly a food share of future plans including the next Municipal such as the one that occurs at Eldorado. Health & Wellbeing Plan. Community gardens and programs to encourage No change to the policy. The policy already communal production of food supported. notes support for community gardens. Page 101

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Feedback How this has been addressed Suggested addition of actions including: No change to the policy. The Local Food Policy formalises Council’s commitment to supporting Reduce meat and dairy: and strengthening local food systems across the Producing meat (particularly red meat) is Shire. Specific actions will be considered as part resource intensive and has a larger carbon of future plans including the next Municipal footprint than producing plant-based protein Health & Wellbeing Plan. alternatives (Harvie 2008). The health sector can work with staff dietitians to develop alternative patient menus and encourage plant-based diets.

Buy local and sustainable food products: Consider including incentives for using locally grown produce in service contracts as buying local food reduces greenhouse gas emissions from transportation while also supporting the local economy.

Buy more environmentally friendly food options: By purchasing food items from suppliers who use less pesticides and fertilisers in their food production practices, health sector organisations can reduce the negative impacts on the environment (Health Care without Harm and Practice Greenhealth, no date).

Use self-grown vegetables and fruit: By growing vegetables and fruit on site, health care organisations can improve local resilience and foster a sense of community.

Prevent food waste: To minimise food waste, include incentives for reducing waste in service contractsDraft and consider establishing programmes to donate leftover edible food to food rescue programmes, composting organic food waste or using it as animal fodder.

Submission from Beechworth Food Co-op

Request to acknowledge the “connectors” in the The Introduction of the Policy updated to local food chain such as retailers, farmers, include this reference. markets and cooperatives.

Request to include a reference to the The Introduction of the Policy updated to contribution the supply chain makes to include this reference. education.

Page 102

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Feedback How this has been addressed Request to include a reference to the challenge The Introduction of the Policy updated to of access to land, with the increasing price of include a reference to the challenge of land for lifestyle reasons instead of farming. affordable land.

In the reference to people influencing the food The Introduction of the Policy updated to system through choices they make, it is include this reference. requested Council include a reference to “how it is grown”.

Where the policy states “Indigo Shire recognises No change to the policy. It is inherent in the its role in local food policy in the following policy that current and future initiatives that areas:” it is requested Council include the align with the policy are generally encouraged. statement: “Supporting existing initiatives which fulfil these objectives.”

In the purpose, it is requested “agriculture” be The Purpose section of the Policy updated to included in the following statement: “The Policy include this reference. outlines Council’s commitment to local food actions across areas of health and wellbeing, the local economy and the environment.”

In the Policy Statement, where it states: “Council The Policy Statement section of the Policy will take a leadership role in supporting and updated to include this reference. strengthening the local food system.” It is requested Council add a dot point to “strengthen the level of food literacy in the community”.

Acknowledgement of Beechworth Food Co-op as The report will acknowledge this organisation. a stakeholder in the Council Report accompanying the Policy.

Although it would broaden the focus of this No change to the policy, other than the above policy, it is not possible to ignore the link mentioned change to include a reference to the between farming and food and theDraft critical issue challenge of access to land in the Introduction of “the right to farm” which is emerging strongly of the Policy. This issue is far-reaching and in this region given the price of land and the better suited to consideration in the Council burgeoning desire for lifestyle rather than Plan or Planning strategic documents. farming purposes. This is a complicated issue which some of our growers will raise directly in their response however we feel it cannot be ignored in this policy as they are inextricably intertwined. Please consider including it in this.

Request for more detailed strategies that recognise No change to the Policy. The Local Food Policy the enormous threat climate change poses to food formalises Council’s commitment to supporting systems. and strengthening local food systems across the Shire. Specific actions will be considered as part Acknowledgement of Indigo Shire producers of future plans including the Climate Change creating action to ensure safe food production in Action Plan and the next Municipal Health & Wellbeing Plan.

Page 103

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Feedback How this has been addressed the future.

Suggest the gravity of the statement “a sustainable and resilient food system” should be at the heart of every category and inform every decision made at Council.

Suggest more strategies to support and encourage more small-scale agriculture that provides local and seasonal produce, reducing the amount of food imported from distances that add food miles to our produce.

CONSULTATION/COMMUNICATION PROPOSED Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Inform We will keep you informed. The policy will be available for public access on the council website

CONCLUSION The development of this Local Food Policy aligns with many strategic Council objectives across a range of portfolio areas including health and wellbeing, the economy, tourism and the environment. Indigo Shire Council will be the first Council in the North East to adopt a local food policy, which will then become a positive example for others in the region to replicate.

The Policy development process has been thorough and has involved key stakeholders with a particular interest in this work and experience in the North East Local Food Strategy development. As a result, the policy has strong credibility.

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Mark Florence – Director CommunityDraft and Economic Development  Kate Biglin – Manager Community Development  Sven Erikson– Community Development Coordinator

Attachments 1. Local Food Policy 2020 2. Submission - Draft Local Food Policy - Beechworth Food Co-Op

Page 104

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

12. INFRASTRUCTURE SERVICES

12.1 BEECHWORTH TO YACKANDANDAH RAIL TRAIL - SECTION 6 CONSTRUCTION TENDER File No: 2020/712 Ewen Oldmeadow - Manager Capital Projects Infrastructure Services

For Decision

RECOMMENDATION That Council 1. Awards Contract PM19/08-0017-09 to Excell Gray Bruni for the Section 6 Beechworth to Yackandandah Rail Trail for the lump sum price of $553,072.00 (ex GST); 2. Authorises the CEO to sign the contract documents and affix the Council’s Common Seal; and, 3. Authorises the CEO financial delegation to approve contract variations up to a total of 10% of the signed contract value.

RESOLUTION That Council 1. Awards Contract PM19/08-0017-09 to Excell Gray Bruni for the Section 6 Beechworth to Yackandandah Rail Trail for the lump sum price of $553,072.00 (ex GST); 2. Authorises the CEO to sign the contract documents and affix the Council’s Common Seal; and, 3. Authorises the CEO financial delegation to approve contract variations up to a total of 10% of the signed contract value.

Moved: Cr Goldsworthy Seconded: Cr Price

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil Draft CARRIED

PURPOSE OF REPORT The purpose of this report is to provide a recommendation to Council to award Contract PM19/08- 0017-09 for the construction of Section 6 of the Beechworth to Yackandandah Rail Trail.

BACKGROUND In September 2018 Council received a signed funding agreement for State Government funded Regional Partnership Investment grant providing funding of $5.2 million towards the construction of a 31 kilometre extension to the Murray to Mountains Rail Trail between Beechworth and Osbornes Flat. Council will contribute $1 million over the life of this project.

The project will provide a world class rail trail connecting the two historic towns of Beechworth and Yackandandah. The trail will follow the existing rail formation as frequently as possible, traversing through pristine countryside and native woodlands.

Page 105

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

To manage the construction, the project has been segmented into 7 Sections and will be constructed over 4 years from 2018 to 2021; 1. Section 1 - Peach Drive to Kibble Lane, Beechworth - Complete 2. Section 2 - Yackandandah to Osbornes Flat - Complete 3. Section 3 - Fanning Lane and Factory Lane, Wooragee - Complete 4. Section 4 - Wooragee to the Yackandandah roundabout 5. Section 5 - Roundabout to Yackandandah 6. Section 6 - Kibell, Star and Fanning Lanes 7. Section 7 - Kibble Lane

The original design planned to have Section 6 travel through Magpie Creek Reserve. The Reserve land tenure challenges with Parks Victoria, difficult terrain and complex permits and approvals processes made the proposed route prohibitive. An alternative route down the old railway line was investigated and found to be more favourable.

DELWP appointed Council as Committee of Management for the 1.6 kilometre old railway reserve (crown land) and Council acquired a 450 metre corridor of private land to link the old railway reserve to the Star Lane Road reserve.

DISCUSSION The scope of works for the tender is to construct and seal Section 6 of the Rail Trail from the bottom of Kibell Lane, to Star Lane and then along Fanning Lane to connect with the already completed Section 3 to Wooragee. This section does not include any bridges.

There is overall support from the landholders, with all adjacent landholders consulted regarding relevant access, drainage and fencing where adjustments are being made.

Tenders were advertised on the eProcure website on 28 July 2020 and advertised in the Border Mail newspaper on 1 August 2020. Tenders closed at 2pm on 20 August 2020.

Three competitive tender submissions were received.

The tender evaluation panel consistedDraft of Ewen Oldmeadow Capital Works Manager and Penny Everingham Rail Trail Project Manager. The evaluation panel used the following criteria, as detailed within the tender documents, to perform a weighted evaluation of the tenders received. 1. Price 50% 2. Capability and Capacity 25% 3. OH&S, Environmental Management 15% 4. Local content/local benefit 10%

One tender was shortlisted for detailed evaluation including an interview to discuss the project and details of their tender submission. The tender evaluation scores and further details of the assessment are included in the attached (confidential) Tender Evaluation report.

The recommended tenderer submitted a competitive tender price and has a good recent track record in completing similar works.

Page 106

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 2. Indigo's Places, Township & Infrastructure Strategic Objective 2.3 Road and path networks are maintained and expanded Strategic Action 2.3.1 Progress North East region Tracks and Trails extension and enhancements - specifically Beechworth to Osbornes Flat; Osbornes Flat to Huon

Construction of the Beechworth to Yackandandah Rail Trail project supports Council’s Strategic Objective to expand Council infrastructure by providing a greater pedestrian and cycling network across the Shire. The improved off-road recreational path connections for local residents living around Wooragee, Yackandandah and Osbornes Flat, where the road network has been the primary transport route.

SOCIAL/COMMUNITY IMPLICATIONS The increased pedestrian and cycling network provides infrastructure to promote a healthier lifestyle and increased active participation rate by connecting key community amenities including schools, sporting facilities and public recreational spaces. During the Covid-19 pandemic the early constructed sections of the trail have provided an additional 10 kilometres of walking and cycles trails for recreation.

The existing strong cycling and mountain biking community and associated supporting business will be greatly enhanced through increased tourism and local business opportunities. As Covid-19 pandemic restrictions lift, local and regional visitors will benefit from this new trail.

ENVIRONMENTAL IMPLICATIONS A key focus of this project is to provide a cycling experience through the uninhibited natural environment. Preserving this environment is paramount to all decision making from planning and design to construction and the impact from tourism.

Defining the construction impacts, and identifying how native vegetation disturbance can be minimised or avoided altogether is a strict process regulated by planning permit conditions. These conditions are applied controlled withDraft Environmental Management Plans developed specifically for each Section of the trail.

The entire trail alignment is reviewed by qualified botanist and arborist to assess the potential impact on native flora and fauna. Where native vegetation can’t be avoided and must be removed the environmental impact is offset by securing similar habitat through the Department of Environmental, Land, Water and Planning (DELWP) Native Vegetation Offset Scheme.

FINANCIAL IMPLICATIONS Estimated cost This Proposal Variance to Cost $ $ estimate $ Comments

Revenue N/A N/A N/A Contract is funded through State Government Regional Partnerships Investment over a number of years.

Page 107

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Estimated cost This Proposal Variance to Cost $ $ estimate $ Comments

Expense 430,000 553,072 (123,072) This contract only represents part of the project budgeted for the current year. Net Result (430,000) (553,072) (123,072)

The tender recommendation is within the total project budget, and represents only part of the overall project scope. The tender amount for this scope of the works is higher than construction cost estimate ($430,000) but this is due mostly to the higher than budgeted native vegetation offset costs. Apart from the native vegetation offset costs, the tender amount is within about $30,000 of the estimated construction cost for this section which is not considered material in the total project. Other factors that have contributed to the higher than anticipated costs include:  Environmental planning permit conditions have increased requiring low impacting construction techniques and greater consultancy supervision. These measures have further increased the cost of construction  COVID restrictions on transport and logistics has increased the cost of construction  The original GMR cost estimate is now 4 years old and construction costs have increased.

During recent trail construction works on previous sections of the Rail trail, project officers have managed the contracts within budget and identified cost savings resulting in final contract prices being less than the original contract amounts.

As reported previously, with construction costs generally being close to estimate or slightly higher and native vegetation offset costs remaining uncertain but much higher than budgeted, the overall project budget is under increasing pressure. The recommendation in this report does not make any material difference to the overall project costs.

LEGISLATIVE IMPLICATIONS The works under this contract have been publicly tendered as required the Local Government Act 1989.

The decision to award the contractDraft has been referred to Council as the contract value exceeds the financial delegation of the CEO.

It is considered good governance when exercising financial delegations to consider the total likely or possible value over the life of the contract rather than just the original value. It is not practical for Council to approve individual variations as delays are likely to incur additional costs. For this reason it is also recommended to include a financial delegation to the CEO to approve variations to this contract. This will help ensure works are not unreasonably delayed in the event of a variation being assessed and will ensure that the total contract value can be managed within Council’s financial decision.

While variations totalling 10% of the contract value are not considered likely, it is recommended that this is the appropriate total to set as an upper limit before any further report is required to be brought back to Council.

Page 108

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

RISK & OPPORTUNITY MANAGEMENT

Description Likelihood Consequence Final Risk Rating Controls, treatments

Risk Tender is not approved Possible Moderate Medium Robust tender procurement process ensures that due diligence has been applied to determine Tender approval is Possible Moderate Medium Covidbest value-19 impacts tender the delayed approval process and timeframe. If the project is not able to be approved, early and frequent communication is required with RDV.

Construction Possible Low Low Seek the planning commencement date is permit for native delayed vegetation removal as soon as practical. Currently an Design/construction Unlikely Moderate Medium Indigooutstanding Shire havematter a in failure superintendentrelation to managing for the constructionfor a vulnerable project; species andwhich conducted may delay onsite the complianceplanning permit inspections. approval. Communicate early and COMMUNITY ENGAGEMENT Draftfrequently with RDV to A comprehensive consultation plan has been developed and implemented. Theseek plan (if required)is reviewed a and amended as required to capture the changing stakeholders and progress of themilestone project. extension to the 30 September Due to the size and social complexity of the project a Project Steering Committeecompletion and dateCommunity Reference Group has been established. Roles of these positions include to assistrequired and inform for the decision making based on community feedback. construction of Section 4. With each Section of the Rail Trail extensive engagement and communication is undertaken, including;  Project details and updates on the website  Drop in session held at appropriate locations relative to the Section  FAQ factsheet developed and widely distributed on social media and Council website  Letter box drop for affected local residents and business

Engage and align with other Council strategies being implemented (Tracks and Trails etc.)

Page 109

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

CONSULTATION/COMMUNICATION UNDERTAKEN Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Consult We will work with you to ensure that your Adjacent recent to Section 6 have all concerns and aspirations are directly been contacted by telephone by the reflected in the alternatives developed and Project Manager regarding the change provide feedback on how input influenced in the Section 6 alignment. Impacted that decision. residents with the rail trail crossing their driveways have discussed the trail alignment, fencing (access) and drainage solutions with the Project Manager (onsite). Involve We will keep you informed, listen to and The Rail Trail project website has been acknowledge concerns and aspirations, and updated to reflect the new Section 6 provide feedback on how input influenced alignment. the decision. Worked with Infrastructure Operations Manager and Engineer to identify and consider future trail maintenance requirements in this area. Collaborate Work together with local land managers Adjacent landholders along Star Lane have supported access and worked with the Project Manager to reinstate the road reserve boundary enabling construction of the trail in areas with no native vegetation.

All residents in Wooragee nearby to any section of the rail trail have been provided a letter updating them on the change in alignment of Section 6, and status of Section 4 bridges and trail along the Beechworth-Wodonga Road.

CONSULTATION/COMMUNICATION PROPOSED Continue to engage landholders along the Section 6 trail of the work status and progress. Draft CONCLUSION It is recommended that Council approve Excell Gray Bruni as the successful tenderer for the Beechworth to Yackandandah Rail Trail – Section 6 Trail Construction for the lump sum value of $553,072.00 and that the CEO being given delegation to approve variations up to an acceptable limit.

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Ian Ellett, Director Infrastructure Services  Ewen Oldmeadow, Manager Capital Projects  Penny Everingham, Rail Trail Project Manager

Attachments 1. Tender Evaluation Report (Confidential) 2. Tender Evaluation Matrix (Confidential)

Page 110

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

12.2 ROADSIDE CONSERVATION MANAGEMENT PLAN File No: 2020/741 Ian Ellett - Director Infrastructure Services Infrastructure Services

For Decision

RECOMMENDATION That Council adopts the Roadside Conservation Management Plan 2020.

RESOLUTION That Council adopts the Roadside Conservation Management Plan 2020.

Moved: Cr Shepheard Seconded: Cr Goldsworthy

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

PURPOSE OF REPORT The Draft Indigo Shire Council Roadside Conservation Management Plan (RCMP) was endorsed at the July Council meeting and placed on public exhibition for 21 days. No submissions were received.

The RCMP 2020 is now seeking adoption by Council. The final RCMP is included as an Attachment.

BACKGROUND The first Roadside (Conservation) Management Plan for Indigo Shire was written in 1999, then updated in 2003 and again in 2011 and 2015 (the November 2015 plan was formally adopted by Council). The 2015 review included processes developed from the Road Fire Management Strategy (taken from the Municipal Fire ManagementDraft Plan). The increased linkage to emergency management plans has been continued during the development of this RCMP, with consideration of, and alignment to, the Road Fire Management Strategy 2019.

The RCMP aims to protect and enhance roadside native vegetation where possible, while recognising the primary role of roads as transit corridors. The 2020 review of the RCMP aims to provide greater balance and alignment between biodiversity objectives and the other uses of the road. The other primary aim of the review was to create a more streamlined, user friendly document.

The requirements described in the RCMP largely reflect legislative requirements that Indigo Shire Council is obliged to follow. The RCMP follows a similar approach to that used in other Shires (e.g. Wangaratta, Strathbogie, Moira) where roadsides are assessed for their conservation value (high, medium or low) to inform scalable controls and interventions. Requirements for each roadside activity reference the applicable legislation, with more detailed legislative information in appendices.

Page 111

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The RCMP outlines the objectives, general principles and actions necessary to achieve legislative compliance and prevent further decline of roadside conservation values. The RCMP applies to all applicable council staff and contractors planning, supervising or undertaking work on the roadside. Additionally, elements of The RCMP apply to community members and third parties seeking to undertake certain activities on the roadside.

DISCUSSION The update of the RCMP coincided with the 10-yearly assessment of roadside conservation values. The assessment demonstrated that the quality of Indigo Shire roadsides has declined markedly since the last assessment. This indicates that past and current management practises have not been effective in meeting the objectives of the RCMP, the Environment Strategy and the State Biodiversity Strategy. The updated RCMP therefore aims to address the reasons for biodiversity decline, and implement controls to prevent further decline, and where practicable, restore and improve selected roadsides.

Roadside Weed and Pest Program The updated version of the RCMP is the first to include a description of the roadside weed and pest program. It proposes a new strategic approach to be undertaken from 2020, which aims to provide the most efficient and effective program, in light of ongoing funding uncertainty (DELWP contribution).

The proposed strategic approach to ISC’s roadside weed and pest animal management program going forward (2020 – 2025) is based on:  A weed mapping survey conducted in 2020, and consultant recommendations – recommending a focus on noxious and environmental weeds that occurring in areas in small populations that can practicably be controlled.  A review of weed control at town entrances 2019, and consultant recommendations.  The updated roadside conservation values mapping.  Feedback from Landcare groups – which will be gathered annually before work instructions are issued to contractors. The draft programs of works shall be circulated to Landcare groups who may provide additional “eyes on the ground” and report other emerging weeds or locations for treatment.  Community expectations - Community requests and reports are a valued component of the roadside weed and pest controlDraft program. However, expectations made may exceed the available budget. Additionally, community requests are often submitted at a time that is not suitable to control the weed in question, e.g. requests to treat blackberries in winter; or requests to treat weeds when the weed contractors have completed work for the year in that area. Community members with weed concerns are encouraged to liaise with their local Landcare group – both for ongoing advice, and also to feed into the annual weed treatment consultation described above.

It is critical to gain best value for the limited roadside weed and pest control budget, i.e. not expending large amounts of funds and effort on weeds that have become naturalised in that area and are unlikely to ever be eradicated. For example, several weed species (i.e. African boxthorn, sweet briar, horehound, European olive, peppercorn trees, Prunus sp., and desert ash) are found in dense populations around the northern sections of the Shire and are not feasible to control with existing budgets or programs, and attempts to treat them each year are not having any effect. However, the same species are present in smaller numbers in other areas of the Shire and could be prevented from becoming established in those areas (and vice-versa for other weed species).

Page 112

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The potential damage to native vegetation as a result of weed treatment must also be considered. Herbaceous weeds such as Spear Thistle and St. John’s Wort are now widespread in the Shire, and impossible to control without having a deleterious impact on the native species they grow intermingled with. Therefore, treating these weeds may be a poor investment of a limited weed treatment budget, and also cause a decline in adjacent native species.

Firewood collection At its October 2019 meeting, the IEAC recommended that Council adopt the RCMP, but noted there is an ongoing tension between firewood collection and roadside conservation.

The intent of roadside firewood collection is to provide an affordable fuel source to the community, and there is a perception that the collection will reduce bushfire fuel loads. These benefits need to be balanced with the risks presented by allowing firewood collection in roadsides, including:

 Impacts to biodiversity: road reserves are important habitat for native species, and fallen dead logs provide habitat for native fauna.  Spread of weeds: inadequate weed hygiene practices can result in the spread of weeds from one road reserve to other areas where the weed might not have been established.  Occupational health and safety risks to people collecting firewood, e.g. through operating chainsaws.  Traffic hazards from vehicles and people operating the road reserve.  Amenity impacts to residents adjacent to the collection area.

Compliance and enforcement Compliance activities are actions and programs designed to ensure laws are followed. Much of the content of this RCMP is state legislation, which, via the Planning Scheme, is regulated and enforced by local governments. ISC authorised officers may undertake surveillance and compliance enforcement activities relating to members of the community or third parties undertaking activities on the roadside. This may be random or in response to complaints. Any observed/reported un-permitted removal of native vegetation is referred to ISC’s Planning Department, as authorised officers. ISC’s authorised officers have a range of scalable, risk-based responses that may be undertaken inDraft response to non-compliance, including:  Informal negotiation;

 Warning letter;

 Notice to comply;

 Infringement notice;

 Remedial plans and revegetation or offsets; and

 Enforcement orders.

Compliance can be proactively encouraged through education, providing information and support and incentives.

Page 113

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

OPTIONS Council is not required to have a RCMP. Most similar Councils have a RCMP. Given the decline in biodiversity observed on Shire roadsides, it is clear that intervention is required and all applicable staff and community members require clear, easy to access information to guide their activities.

As stated previously, much of the RCMP directly interprets legislative requirements that Council has no option but to follow. The elements of the Plan that are negotiable include:  The proposed actions, section 8.6  The proposed objectives, performance indicators and targets, section 8.7  Council’s approach to compliance and enforcement – noting there is a spectrum of compliance and enforcement activities, section 8.4  The way that Indigo Shire engages with Landcare groups and the community to promote roadside conservation  The level and methods of staff training  The amount of funding applied to the roadside weed and pest program, and roadside restoration opportunities  Whether to adopt the recommendations for prioritising the roadside weed and pest program investment, provided by two consultant reports  Council’s approach to providing firewood to the community  Roadside signage – to indicate conservation value and/or the presence or threatened or rare species and/or presence of significant weeds.

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 4. Indigo's Environment & Sustainability Strategic Objective 4.4 We protect native habitat and biodiversity4.1 We support the reduction of carbon emissions and climate change adaption and mitigation actions Strategic Action 4.4.2 Promote biodiversity programs4.1.4 Implement the Council's Climate Change Adaption Plan covering Council operations

The RCMP directly supports the Environment Strategy 2019 – which has a biodiversity theme. The adopted goal in the biodiversity theme is: Our habitats are improved to prevent further decline of our native plants and animals. This goal aims to preserve and improve our unique natural ecosystems, remnant vegetation and threatenedDraft species and habitats. Roadsides often contain the only remnant vegetation in an area, and are under Council’s direct control, so the opportunities to improve biodiversity by conserving roadside vegetation is significant.

SOCIAL/COMMUNITY IMPLICATIONS The community's expectations and knowledge of key environmental and sustainability issues continues to grow. There is an expectation that both residents and Council operations should comply with the Roadside Conservation Management Plan.

The community implications of the RCMP are:  Easier to find information about what activities are allowed in the roadside, and what the processes are.  Greater linkage with Landcare groups as co-custodians of roadsides.  More education and awareness to sectors of the community that are not actively involved in roadside conservation.

Page 114

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

 Firewood collection – the RCMP acknowledges this practice is counter-productive to roadside conservation, yet it is important that the community has access to firewood. Therefore, it is proposed to start the process of investigating alternatives, to either replace or supplement this practice, in the long term.  Roadside weed and pest program – the community is validly concerned about the density of weed species in Indigo Shire. The reality of a limited weed budget, and the current state of naturalised weeds in some areas that are nigh impossible to eradicate, is a source of frustration to some members of the community.

ENVIRONMENTAL IMPLICATIONS The Roadside Conservation Management Plan sits under the Environment Strategy 2019, Biodiversity Goal: Our habitats are improved to prevent further decline of our native plants and animals. This goal aims to preserve and improve our unique natural ecosystems, remnant vegetation and threatened species and habitats.

The primary function of a road is to provide safe vehicle access routes for the transport of people, goods and services. Many roadsides also support important biodiversity values because they retain remnants of native vegetation and wildlife habitats that were once widespread throughout the landscape. Roadsides often provide the only habitat connections to other native vegetation remnants in heavily cleared rural landscapes in the Indigo Shire. Roadsides also complement land protection and habitat restoration efforts (e.g. revegetation) on adjoining land tenures.

The primary goal identified for native vegetation management in Protecting Victoria’s Environment – Biodiversity 2037 (DELWP, 2017) is:

‘No net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation’.

Roadsides are integral to achieving this goal and other state and local policy objectives through providing:  Links for fauna movement (connectivity);  Wildlife habitat;  Biological diversity;  Foundations and framework for landscape connectivity and restoration (source of local genetic resources and seed);Draft  Important historic, cultural and natural landscape values;  Aesthetic values for tourism and residents that choose to live in a rural setting;  Assistance with the control of land degradation and road integrity (erosion, water overflow management etc.);  Provide ecosystem services such as increasing water quality, water table control, carbon sequestration and air quality;  Windbreaks and shelter belts (e.g. for stock or crops in adjacent paddocks);  Movement of livestock, and  Access for pedestrians, cyclists and horse riders.

Page 115

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

FINANCIAL IMPLICATIONS Approved This Proposal Variance to Budget $ Approved Comments $ Budget $ Revenue 0 0 0 Expense $26,000 $26,000 $0 Approved budget is within the 2019/20 budget and proposed to be carried forward. The expense includes all short-term proposed action items listed below.

Net Result ($26,000) ($26,000) $0

The 2019/20 budget included $52,800 for a consultant to re-assess the roadside conservation values and undertake weed mapping. This contract has been split, with the remainder of the weed mapping to be undertaken in spring. Even with this remaining expense, this project has been delivered under- budget, and the savings are proposed to be carried forward into to 2020/21 to implement some of the actions proposed in the draft RCMP. The 2019/20 budget also had an under-expenditure in the RCMP development/implementation budget, due to delays in completing the draft (hence no implementation actions have occurred yet). It is proposed to carry forward the remaining $8,050 to 2020/21 to fund implementation actions. In addition, there is $3000 allocated in the draft 2020/21 budget for implementation of the RCMP. Subject to these adjustments, the resulting budget to implement the RCMP in 2020/21 will be: $26,000. This budget allows for all proposed actions listed below, except for the longer term actions indicated by *.

$5,000 was expended in the 2018/19 budget for a consultant to update the RCMP. A significant financial implication of (lack of) roadside conservation is the cost of biodiversity offsets.

Indicative costs for each action listed in the draft RCMP are below:

Proposed action Indicative cost Draft Update Roadside conservation values layer in GIS. To be completed with existing staff resources Create coherent (one) weed layer in GIS using latest data. To be completed with existing staff resources Develop and publish “pocket guide” to roadside conservation $3,000 and issue to operations staff. Conduct feasibility study on firewood plantations on council $5,000 land for future provision of community firewood. Work with the Indigo Environment Advisory Committee to To be completed with existing staff review the Firewood Collection Plan. resources Liaise with all Landcare groups to share information on the new To be completed with existing staff roadside conservation values mapping, this Plan, and their resources potential partnership roles.

Page 116

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Proposed action Indicative cost

Send a letter to residents on critical and high conservation $4,000 value roadsides to inform them of the important status of road and what they can do to help. Ongoing community education on the “dos and don’ts” in the $2,000 (for short film road reserve – via Q&A style content on the ISC website, short development), the other items are videos, Facebook and indigo informer articles. This messaging ongoing with existing staff should include the real and perceived threats and mitigation resources measures for fire control – in consultation with CFA. Explore shared services with other councils for a compliance To completed with existing staff and enforcement officer*. resources – exploration of opportunity. Likely costs of proceeding would range from an additional $10,000 - $40,000/yr. Implement revised pest and weed management program. Existing operational budget item Continue to promote Rabbitscan (citizen science portal) in the To completed with existing staff community to gain more data on rabbit occurrences to target resources treatment, as well as advocate for additional treatment such as release of biological controls. Partner with Landcare groups to run community engagement $1,000/year events on critical and high conservation value roadsides. Revegetate road embankments at town entrances that have $10,000 been sprayed bare (due to OHS issues with mowing) with native groundcovers. Encourage revegetation of selected roadsides to increase the $5000/year (existing operational conservation value over time – i.e. National Tree Day events budget) and partnership opportunities. Utilise Landmates program for additional revegetation and $400/day + materials weed control human resources. Draft Conduct refresher roadside conservation training to applicable $5,000 personnel every five years* Install signage on selected roadsides to demarcate $15,000 conservation values (e.g. EnviroMark or similar)* Reassess roadside conservation values in 2025* $40,000

LEGISLATIVE IMPLICATIONS Multiple items of legislation apply to works on the roadsides, which are detailed in the Appendices of the RCMP and listed below. The intent of the RCMP is largely to summarise the legislative requirements in one place, to make it easier for staff to access the requirements that must be followed for each type of activity on the roadside. This plan does not introduce new permit requirements. This updated plan sets out the existing permissions required for activities based on new legislation. The primary legislative implication is the native vegetation regulations, which there may be low awareness of both by staff and the community, since the 2017 update.

Page 117

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

 Aboriginal Heritage Act 2006  Flora and Fauna Guarantee Act 1988  Agricultural and Veterinary Chemicals  Land Act 1958 (Control of Use) Act 1992

 Catchment and Land Protection Act 1994  Forests Act 1958

 CFA Act 1958  Litter Act 1964

 Conservation, Forests and Lands Act 1987  Local Government Act 1989

 Crown Land Act 1958  Planning and Environment Act 1987

 Crown Land (Reserves) Act 1978  Road Management Act 2004  Electrical Safety Act 1998 & Electricity Safety (Electric Line Clearance) Regulations (2015)

 Environment Protection Act 1970 inc.  Summary Offences Act 1966 Native Vegetation Regulations  Environment Protection and Biodiversity  Telecommunications Act 1997 Conservation Act 1999  Extractive Industries Development Act  Transport Act 1983 1995

RISK & OPPORTUNITY MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments

Further decline of 3 3 Medium Implementation of the roadside conservation Draftupdated RCMP. values

The risks to the roadside environment as a result of various activities, with mitigating controls, are detailed in the RCMP.

COMMUNITY ENGAGEMENT CONSULTATION/COMMUNICATION UNDERTAKEN Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Consult We will work with you to ensure that your Agenda item: Discussed at IEAC concerns and aspirations are directly meeting reflected in the alternatives developed and Email to key stakeholders provide feedback on how input influenced Public exhibition of draft RCMP for that decision. three weeks.

Page 118

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Targeted consultation has been undertaken to develop the RCMP 2020. Applicable internal council service units have been consulted (operations, assets, planning, local laws, capital works, and emergency management and the fire preparedness prevention officer).

External groups consulted include:  The Indigo Environment Advisory Committee (IEAC) – that recommended at the October 2019 that Council adopt the RCMP  DELWP  NECMA  The Municipal Fire Management and Planning Committee (MFMPC, which includes CFA representatives)  Goulbourn Broken Local Government Biodiversity Reference Group  All Landcare groups in the Shire

Ongoing feedback from the community has been considered when updating the RCMP. Complaints from the community are routinely received by the Coordinator Environment and Sustainability regarding:  Biodiversity impacts of roadside firewood collection  Illegal clearing on roadsides by adjacent property owners  Weed control practices

The updated RCMP and this report have aimed to address these concerns.

Following endorsement at the July 2020 Council meeting, the draft RCMP was placed on public exhibition for a period of three weeks. No submissions were received.

CONCLUSION The RCMP aims to protect and enhance roadside native vegetation where possible, while recognising the primary role of roads as transit corridors. The plan applies to all applicable staff and contractors planning, supervising or undertaking work on the roadside. Additionally, elements of the Plan apply to community members and third parties seeking to undertake certain activities on the roadside. Council has been undertaking significant work to improve its operations, including roadside conservation training for outdoor staff, roadside conservation values reassessment, weed mapping and delivery of annual Pest and WeedsDraft Program. The RCMP supports this activity and provides strategic direction for ongoing improvement to protecting the ISC roadside reserves.

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Ian Ellett - Director Infrastructure Services  Jill Croome - Coordinator Environment and Sustainability  Sam Niedra - Coordinator Environment and Sustainability (role share)

Attachments 1. Roadside Conservation Management Plan 2020

Page 119

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

12.3 CLIMATE EMERGENCY STRATEGIC ACTION PLAN File No: 2020/742 Ian Ellett - Director Infrastructure Services Infrastructure Services

For Decision

RECOMMENDATION That Council adopts the Climate Emergency Strategic Action Plan 2020.

RESOLUTION That Council adopts the Climate Emergency Strategic Action Plan 2020 with an amendment to include an additional point under Item 5 - Mobilise and enable the community to act on climate change, “substantively engage with youth and First Nations stakeholders”.

Moved: Cr Goldsworthy Seconded: Cr Shepheard

For: Crs Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price and Diane Shepheard Against: Crs Bernard Gaffney and James Trenery

CARRIED

PURPOSE OF REPORT The purpose of this report is to present the Climate Emergency Strategic Action Plan to Council for adoption, following its presentation at the July council meeting and a public exhibition period of three weeks.

BACKGROUND In July 2019, Indigo Shire Council declared a Climate Emergency and directed that an action plan be developed to address the emergency. This declaration built upon the Climate Change Policy which was adopted at the same meeting following community consultation, as well as the target of net zero emissions by 2035 that Council supportedDraft in the adoption of the Environment Strategy 2019 (also following community consultation). A subsequent report to the October 2019 Council meeting outlined a staged approach to responding to the climate emergency declaration, with the development of a strategic action plan being the first step.

The Climate Emergency Strategic Action Plan 2020 is presented as an attachment to this report. Six strategic priorities group key actions to respond to the emergency. The intent of this document is to broadly outline the directions that Council will take to address the emergency. It is an important first step to agree on the key directions and level of investment in the response. Some of the strategic priorities require further work to develop project plans, responsibilities for completion, timeframes and detailed costing. Much of this more detailed information can be considered operational, and will be completed on an ongoing basis.

The CESAP was developed via the following methodology: 1. Compilation of potential climate change actions, from sources including: a. Council’s Climate Emergency resolution of July 2019;

Page 120

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

b. the Indigo Shire Environment Strategy 2019; c. Climate change related projects that have already been undertaken or are in progress d. New ideas from stakeholders, including a targeted group of community stakeholders (see community engagement section for more information), as well as Indigo Shire Council staff

2. Stakeholder engagement: a. Zoom workshops to discuss various potential actions b. A survey to prioritise the actions

3. Evaluation of the all potential actions against the criteria of: climate change benefit (which could be mitigation or adaptation); cost/benefit; timeframe; stakeholder importance and other issues/opportunities (the evaluation table of all action suggestions is available on request and not proposed to be part of the community exhibition).

4. Grouping of actions that ranked high priority into themes that have become the top six recommendations.

The specific statements of Council’s motion of July 2019 are tabled below, with commentary on how each has been addressed it the CESAP.

Motion content: Considered in the Climate Emergency Strategic Action Plan: Develop a Climate Change Policy Action Plan The Indigo Environment Advisory Committee, as in consultation with the Indigo Shire well as other stakeholders, have contributed to the Environmental Advisory Committee and the development of the CESAP. community, that will at a minimum examine the merits and efficacy of (the following):  Convening a series of public meetings to Included in Strategic Action 3: address and educate our community on the threat from Climate ChangeDraft and Indigo Shire is fortunate to have several active develop a suite of ideas that they can community environmental groups that regularly undertake to mitigate and prepare for conduct community engagement and education on the changing environment. climate change. The stakeholder consultation undertaken to date indicated that a useful role for ISC’s is to support and enable these groups. ISC has partnered with these groups on many occasions to run public meetings to educate the community on climate change. The consultation indicated a need for more consistent support to community groups. Community engagement on climate change is an ongoing action.

Page 121

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Motion content: Considered in the Climate Emergency Strategic Action Plan:  Selling the ISC owned Buller Gas Included in the CESAP under Possible Funding operation to fund the Environment and Considerations. Sustainability Strategy Action Plan and the Climate Change Action Plan.  Apply to the Essential Services Included in the CESAP under Possible Funding Commission for a rate cap variation to Considerations. fund specific actions within the Environment and Sustainability Action Plan.  Purchasing low productivity cleared land This recommendation is captured Strategic Priority within the Indigo Shire to plant it out 5, associated with the action to Promote with trees to capture carbon or drawdown (carbon sequestration) opportunities encouraging other organisations and and adaptation via land-use decisions (increased land owners to do the same. greening and retention of vegetation). A detailed feasibility study to inform cost and benefits would be required to further evaluate this suggestion, which would come at a cost (est. $15,000). An alternate to purchasing low productivity cleared land is increasing the vegetation on assets that ISC already owns, including blocks with varying degrees and quality of vegetation currently. This idea has some overlap with the need for biodiversity offsets.

DISCUSSION The Climate Emergency Strategic Action Plan recommends six themes for further action, these are: 1. Embed climate emergency in the Council Plan 2. Reduce Indigo Shire Council’s carbon footprint 3. Promote ESD (Environmentally Sustainable Development) 4. Cultivate a Climate Change Culture 5. Mobilise and enable the communityDraft to act on climate change 6. Collaborate and advocate

Embed climate emergency in the Council Plan Integrating the Climate Emergency response into the Council Plan is vital to gain consistent organisational commitment to considering climate change in everything that we do. This will flow through to reviewing all policies, plans and procedures through the climate emergency lens and making any changes required to align with the Climate Change Policy, the CEASP and Environment Strategy. The 2017-21 Council Plan included climate change, and the recommendation is to build on this and give it a stronger presence in the new Council Plan, recognising that climate change actions sit across many functions and services of Council.

Page 122

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Reduce Indigo Shire Council’s carbon footprint Various specific actions were recommended that collectively will enable the adopted target of net zero emissions by 2035 to be reached. The vast majority of the suggested actions are already in progress; such as creating an emissions profile, setting a target, purchasing renewable energy, installing rooftop solar where practicable, undertaking energy efficiency projects and converting fleet vehicles to EV (electric vehicles). Importantly, the emissions reduction plan now being developed will create a more detailed plan for internal emissions reductions, including prioritised opportunities, cost/benefit analysis and return on investment information to reduce Council’s corporate emissions. Although the actions to support this priority are significantly underway, this item is too critical to omit from the climate emergency plan, and represents the biggest impact that Council can have.

Promote ESD (Environmentally Sustainable Development) ESD means integrating environmental considerations in strategic and statutory planning, capital works and maintenance, with the aim of protecting the environment while meeting current and future community needs. There are a broad range of actions under this strategic priority, across several functions. ESD applies to strategic and statutory planning, capital works, asset maintenance, fleet and procurement.

Cultivate a Climate Change Culture This priority recognises the need to change Council’s culture to value, prioritise and champion the application of a climate change lens to all Council decisions, operations and functions. This requires consistent leadership and consideration. Staff, management and Councillors may need to be supported with further information and training to enable this.

Mobilise and enable the community to act on climate change The results of the stakeholder consultation pointed strongly to the fact that there was a low level of knowledge (even amongst those very interested) in what actions Indigo Shire had already taken and were taking on climate change, and the need for more communication and engagement. Providing practical support to community groups working on aligned projects was also highly recommended.

Collaborate and advocate Partner with others in the climate emergency movement to increase our impact, leverage funding and lobby the state and federal governments to take action. The climate emergency movement is growing fast and there are opportunities to share learnings, collaborate on projects and be efficient in our delivery of actions. ContinuingDraft active participation in the Goulburn-Broken Greenhouse Alliance and the newly formed Climate Emergency Australia are central to this priority.

Many Councils have already implemented actions that are proposed in ISC’s climate emergency action plan – such as ESD policies and checklists for capital work and maintenance, as well as SDAPP (Sustainable Design Assessment in the Planning Process). A collaborative, sharing culture exists amongst the councils, representing large savings in cost and time. Continuing the collective voice to advocate to the Federal government for stronger action on climate change is also included in this strategic priority.

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 4. Indigo's Environment & Sustainability Strategic Objective 4.1 We support the reduction of carbon emissions and climate change adaption and mitigation actions Strategic Action 4.1.4 Implement the Council's Climate Change Adaption Plan covering Council operations

Page 123

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Adopting the CESAP is strongly aligned to Council’s strategies, policies and plans, including:  Climate Change Policy.  Environment Strategy.

 Climate emergency declaration.  Strategic Resource Plan.

SOCIAL/COMMUNITY IMPLICATIONS While categorised as an environmental issue, climate change is already impacting on our communities. The emergency declaration acknowledges that there will be more significant impacts to come, ranging from health to economic. Large sectors of the Indigo Shire community have a strong concern about climate change and have taken an active interest in Indigo Shire Council’s climate change action, via volunteering in related community groups, commenting on the climate change policy and participating in the climate emergency declaration consultation.

A much smaller sector of the community identifies as climate change sceptics and expressed concern of the budget impacts of taking action on climate change when consulted on the draft Climate Change Policy.

A 2017 study by Sustainability Victoria* found, for the Ovens and Murray region, that:  95% of the population/respondents say climate change exists and humans are contributing  74% said that climate change requires urgent action now  85% wanted more climate change action from local government  Climate change effects already observed were heatwaves 90%, water shortage and drought 84%, severe storms and floods 83%, crop failures and declining agriculture 82%.

It is likely that community concern about climate change has increased since the 2017 study, given the weather events experienced and climate change discourse now frequently occurring in mainstream media.

Taking strong action on both climate mitigation and adaptation presents opportunities to realise a range of co-benefits including improved public health, social connectedness, a stronger economy, improved air quality and overall liveabilityDraft of the Shire.

ENVIRONMENTAL IMPLICATIONS The focus of this briefing paper is climate change, and recommendation within the climate change emergency action plan seek to embed consideration of climate change in all of Council’s decisions.

FINANCIAL IMPLICATIONS Approved This Proposal Variance to Budget $ Approved Comments $ Budget $ Revenue $0 $0 $0 Expense $12,000 $12,000 $0 Net Result ($12,000) ($12,000) $0

Council allocated $12,000 in October 2019 to prepare an initial action list to address the climate change emergency. Page 124

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The CESAP is intended to be an initial list of broad areas to focus on to address the climate emergency. Indicative costs were part of the evaluation for each recommendation, although it was not feasible in the scope of this initial part of the project to accurately cost, or provide an estimate, of many of the actions.

Several of the actions identified can be completed without additional budget, or with minor operational expenditure, i.e. including the climate emergency in the Council Plan and owners of all plans, policies and strategies to include climate emergency considerations when reviewing documents.

The 2020/21 budget contains an allocation of $12,000 for Climate Emergency actions. This could likely achieve only a couple of the actions identified, for example:  Delivery of staff climate change training (in the Culture Change strategic priority); and  Facilitation of a workshop with the new council to embed climate emergency considerations across the new Council Plan (in the Council Plan strategic priority)

OR, address the community engagement strategic priority, via:  Development of communications material to increase awareness on climate change projects that Council has or is undertaking, and opportunities for community involvement.  Further community engagement on the climate emergency (pending COVID-19 restrictions)  Facilitating agreements with applicable community groups about support needs and alignment of strategic plans.

OR, address the ESD strategic priority, via  Adaption of ESD tools from other councils into Indigo Shire documents, including staff engagement to implement the tools into existing processes. This strategic priority may also include procurement of subscription-based tools.

The Emissions Reduction Plan (ERP), to be finalised later this year, supports the CESAP by providing a detailed pathway to reduce Council’s corporate emissions, which will include cost and return on investment information. While these costs are not yet known, it is clear that to address the climate emergency requires more than a business as usual funding approach. Grant opportunities will continue to be acted upon by staff and the community, and collaborative projects will continue to be used, i.e. via the Goulburn-Broken DraftGreenhouse Alliance. However, capital and operational budgets will need to be increased to effectively address the climate emergency, but over time savings will be realised, particularly in energy costs. New initiative and capital works submissions for the 2021/22 financial year will be informed by the completed ERP, as well as further development of the CESAP. In light of the urgent nature of the emergency, an increased budget allocation could be considered by Council at the mid-year review, once further costings have been developed.

LEGISLATIVE IMPLICATIONS The Local Government Act 2020 includes climate change considerations in Section 9: Overarching governance principles and supporting principles:

(b) priority is to be given to achieving the best outcomes for the municipal community, including future generations; (c) the economic, social and environmental sustainability of the municipal district, including mitigation and planning for climate change risks, is to be promoted.

Page 125

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

RISK & OPPORTUNITY MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments

Failure to act on the Possible Moderate Medium Development of CESAP; Climate Emergency with stakeholder Declaration (reputational consultation, informed risk) by indicative cost and benefit information; budget allocated to agreed actions. Failure to prepare Indigo Possible Moderate Medium Climate Adaptation Shire services for the Action Plan to be impacts of climate reviewed and change - adaptation implemented, working (service delivery risk) with service plan owners.

COMMUNITY ENGAGEMENT

CONSULTATION/COMMUNICATION UNDERTAKEN Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Collaborate We will look to you for advice and Survey to targeted stakeholders innovation in formulating solutions and Zoom meetings with targeted incorporate your advice and stakeholders to further workshop ideas recommendations into the decisions to the Prioritisation survey maximum extent possible. Staff survey Consult We will keep you informed, listen to and The draft CESAP was displayed on acknowledge concerns and aspirations, and public exhibition for broader provide feedbackDraft on how input influenced community input for a period of three the decision. weeks.

In February 2020, Fishbowl PR was appointed to engage specific stakeholders and develop recommendations for a Climate Emergency Action Plan. Due to COVID-19, the planned face-to-face stakeholder engagement was re-configured and conducted online in May 2020. Fishbowl PR consulted two groups: those on Council’s target stakeholder list and Council staff. The target stakeholder list included a total of 40 people who were members of the:  Indigo Environment Advisory Committee;  Totally Renewable Yackandandah, Beechworth and Indigo North;  The Beechworth Trees Reference Group;  Individuals in the community that provided constructive comment on Council’s draft Climate Change Policy; and  A community member that submitted an open forum question about the climate emergency.

Page 126

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

All stakeholders consulted had the opportunity to be involved in any or all of the following steps of the consultation: 1. Survey to gather ideas stakeholders had for Climate Emergency actions. 2. Zoom workshops to discuss ideas further. 3. Survey to prioritise actions.

The staff consultation was by survey. The invitation was emailed to all staff.

The surveys for both groups asked about ideas the respondents had for:  Actions Council could take.  Actions Council could lead/support the community to take.  Actions for which Council could advocate to other levels of government.

The draft CESAP was placed on public exhibition for a period of three weeks to seek broader community feedback. During this time, a third-party facilitated a series of youth engagement sessions on climate change, via Zoom, throughout the Shire. This lead to the formation of the group “Indigo Shire Youth for Climate Action”. This group submitted a report summarising youth views on climate change, and presented this to selected Councillors and staff personnel. The youth had three specific recommendations for Indigo Shire’s response to the climate emergency, which are tabled below with officer comments. No other community submissions were received.

Indigo Shire Youth for Climate Action Officer response: recommendation: Add to the community engagement strategic This recommendation is supported and it was priority: In future matters relating to climate noted in the meeting with the Indigo Shire Youth policy, ISC will substantively engage with youth for Climate Action that there have been and First Nations stakeholders. challenges to reaching these groups for effective engagement. The formation of the Indigo Shire Youth for Climate Action group aids this significantly by providing a contact point to engage with youth on this topic. DraftThe Climate Emergency declaration recognises that immediate action is required in a range of areas. Some of the strategic priorities require more detailed project plans to be developed with stakeholders, while others are internal actions that can commence immediately. Therefore, it is not recommended to include this statement in the CESAP which focuses on the key actions rather than how to implement them. In addition to the CESAP, Indigo Shire Council also has a Climate Change Policy, which is reviewed every two years. Council will seek to substantively engage youth and First Nations stakeholders in future reviews, in line with our community engagement policy and procedures

Page 127

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Indigo Shire Youth for Climate Action Officer response: recommendation: We intend to hold a virtual ‘town hall’ meeting This idea of a third party hosting such a forum is for youth to engage with ISC candidates in the supported in principle, however it is not lead-up to the local council elections in recommended to specifically include this action October, to discuss issues of importance to in the CESAP as it is broader action that young Indigo Shire residents. We seek the encompasses many topics and has a focus on support of the Council in this endeavour. upcoming Council elections. We intend to organise an Indigo Shire Council Support for a youth climate summit has been Youth Climate Summit and would appreciate added to the CESAP in the community the involvement and support of the Council in engagement strategic priority. this.

CONSULTATION/COMMUNICATION PROPOSED Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Collaborate We will look to you for advice and We will work closely with the IEAC and innovation in formulating solutions and other key stakeholders including Indigo incorporate your advice and Shire Youth for Climate Action, to recommendations into the decisions to the further develop, and implement, the maximum extent possible. more detailed project plans that support the CESAP.

Community engagement on climate change is an ongoing conversation, and will continue to be undertaken by Indigo Shire Council, and in partnership with community groups working on aligned objectives. The opportunities and benefits of community engagement on aspects of the CESAP differ depending on the action. For example, exploring potential models for public electric vehicle charging infrastructure may have high community involvement, while electricity procurement for council’s buildings may be a primarily internal action.

CONCLUSION The CESAP is the first step in a staged approach to addressing the climate emergency. The CESAP is deliberately succinct because it is intendedDraft to be a simple document that can clearly communicate areas of action to the community, Councillors and staff alike. It is important to now conduct the more detailed work to commence implementation of each action area, and not lose sight of this in transitioning to a new Council. The CESAP necessitates a cross-functional, whole-of-council responsibility for action, with recognition that consistent leadership is critical, as is appropriate investment. Business-as-usual approaches and budgets will be insufficient to genuinely respond to the climate emergency.

Reference: Sustainability Victoria, 2017. Victorian’s perceptions of climate change, Regional report – Ovens Murray. https://www.sustainability.vic.gov.au/About- Us/Publications?articleType=&fromDate=&toDate=&query=&tags={5E1350CE-2609-42E9-AF93- 0F0DDD362766}&page=0

Page 128

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Ian Ellett - Director Infrastructure Services  Jill Croome – Coordinator Environment & Sustainability.

Attachments 1. Climate Emergency Strategic Action Plan

Draft

Page 129

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

12.4 PROPOSED NAMING OF ROADS IN BEECHWORTH File No: 2020/753 Paul McLachlan - Manager Assets & Property Infrastructure Services

For Decision

The CEO advised that since the release of this report our staff have now received advice from Geographic Names Victoria. They are supportive of the name “Foundry” but not supportive of the use of the word “Lane”, as they don’t think it fits the description of a Lane, and have suggested the word “Place”. Therefore the officer’s recommendation is that Point 1 of the recommended resolution be changed from “Foundry Lane” to “Foundry Place”.

RECOMMENDATION That Council: 1. Adopts Foundry Lane as the name for the extended road in Beechworth, currently partially named Victoria Street, off Bridge Road and connecting with Mellish Street, subject to a public notice being placed and further submissions being invited for 14 days and no objections being received. 2. Defers the decision to name the new road off Albert Road in Beechworth, and notes that a further report will be brought back to a future meeting which considers alternative names put forward in the submissions.

RESOLUTION That Council: 1. Adopts Foundry Place as the name for the extended road in Beechworth, currently partially named Victoria Street, off Bridge Road and connecting with Mellish Street, subject to a public notice being placed and further submissions being invited for 14 days and no objections being received. 2. Defers the decision to name the new road off Albert Road in Beechworth, and notes that a further report will be brought back to a future meeting which considers alternative names put forward in the submissions.

Moved: Cr Goldsworthy Draft Seconded: Cr Gaffney

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

PURPOSE OF REPORT Due to recent developments two new subdivision have been created and require addressing. With both cases, sections of existing public land is involved so a Council decision on the names is required. These roads are:

Page 130

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

1. New road in Beechworth off Albert Road. Note this road was proposed as Burke Court in the public notice that was published but as a result of the submissions received, is now proposed to be reconsidered and brought back to a future meeting of Council. 2. Extended road, currently partially named Victoria Street, in Beechworth off Bridge Road suggested to be renamed as Foundry Lane. This road was proposed as Blacksmith Lane in the public notice that was published but in response to submissions received, is now proposed to be named Foundry Lane subject to a further public notice period and no objections being received.

It is Council responsibility to name these roads in accordance with the Place Naming Policy and Procedure (2013) the Department of Environment Land Water and Planning (DELWP)’s publication “Naming Rules for Places in Victoria – Statutory requirements for naming of roads, features and localities – 2016”.

BACKGROUND In accordance with Council’s Place Naming Policy and Procedure, Council is required to consult publicly on proposed place names. A public notice inviting submissions was posted on 21 August 2020, and were due to by 7 September 2020, with the proposed names of Burke Court for the Albert Road site and Blacksmith Lane for the Bridge Road site.

Five submissions were received and are attached. They are discussed later in this report.

DISCUSSION

Road off Albert Road, Beechworth – refer to Map 1.

As a result of the subdivision of the Beechworth Tennis Club land between Albert Road and Tanswell Street in Beechworth, a new cul-de-sac is being constructed. Given the short section of unnamed crown land between the entrance to this cul-de-sac and Albert Road, it is recommended that a single road name be adopted for the new cul-de-sac land and the existing section of road from Albert Road.

For a number of years, Council has been working from an old recommended place naming list provided by a Beechworth historical expert, who at the time was nominated for that role by the Burke Museum management. These names are compiled from early settler information and other records kept at the Beechworth ArchiveDraft Centre. In addition to the large list, a short list of prominent names were proposed. They also proposed using flora and fauna or gemstones as names.

Given that the new road was being created by the developer, they were invited to review the name list and propose a name.

The developer proposed four names for the road. They were Silver, Ruby, Emerald and Burke Court. Burke was selected as the most appropriate name, and it was also the first priority recommendation from the above mentioned museum list. It is noted that Geographic Names Victoria (GNV) has reviewed this name and given it their approval. Silver was not considered acceptable by GNV as there is an existing Silver Creek Lane in Beechworth. There is an existing Burke Street in Chiltern, but given it is in a different locality and postcode, it is considered that this name will not have any impact on addressing or emergency service response. Robert O'Hara Burke was a former Beechworth Police Superintendent and was famous for leading the exploration from Melbourne to the Gulf of Carpentaria. On this basis, the name Burke Court was proposed for this road for the public submission process.

Page 131

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Map 1.

Road between Mellish Street and Bridge Road Beechworth – refer to Map 2.

A new development behind the former gym at Mellish Street has created a new roadway bend from Mellish St to Bridge Road. Part of this reserve is currently named Victoria Street. Given the construction of a new road, and the addition of multiple new properties, Council has the opportunity to create a new road name, rather than extending Victoria Street as there is another road in Beechworth called Victoria Road betweenDraft Balaclava Road and Junction Road. It is undesirable from an emergency services perspective to have duplicate road names in a locality.

There is one single property addressed off Victoria Street (no. 4). The landowners have been contacted to be advised of a proposal to create a new road name and invited to make a submission.

Original Parish plans show this road reserve at Barkly Street, but the constructed Barkly Street is not likely to ever link up with the newly constructed roadway, so a separate new name is proposed.

The property developer was again involved in developing options for the new road name. In addition to the place name list referred to above, and the local parish plan showing original settler names, they proposed the name Blacksmith Lane, as the historical use of this site was as a Blacksmith & Farriers as well as a Foundry (see attached).

Advice on this name was obtained from the Beechworth Archive Centre. The name is also acceptable according to GNV.

Page 132

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Map 2.

Draft

Image 1 - Straughair and Duncan, Engineers, Blacksmiths and Farriers. Also Beechworth Foundry. According to the developer “the photo is taken from Bridge Road, with Mellish Street in the background going up the hill”

Page 133

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Options There were no alternative names originally proposed for the road off Bridge Road. Blacksmiths Lane was selected from a list which also included Silver, Ruby and Emerald. This name was advertised and one submission was received which favoured the name of Foundry Lane for similar historical reasons to Blacksmith but claiming that the foundry is more significant in the history of the area. One other submission confirmed support for Blacksmith Lane.

Alternative names suggested for the road off Albert Road (advertised as Burke Court) are as follows:  Emily Skinner - diarist, pioneering woman who arrived at Spring Creek in 1854  Ada Cambridge - Internationally famous writer who lived at Christ Church parsonage 1880s - 1890s  Dr Margaret Winning of the Ovens Goldfields Hospital  Margaret Trim - Benefactor, Philanthropist, Women's Christian Temperance Union  Dame Jean McNamara – scientist  World War One nurses – Agnes O’Neill and others  Vivian Payne, Karen Bartsch, Valerie Mason  Clothier Court (Kathleen Clothier)  Gray Road (Graeme Gray)  Sydney Mathieson  Joyce Ebbage  Carole Woods

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 2. Indigo's Places, Township & Infrastructure Strategic Objective 2.3 Road and path networks are maintained and expanded Strategic Action 2.3.6 Expand our sealed road network in urban and rural areas

SOCIAL/COMMUNITY IMPLICATIONS In accordance with the policy, Names are selected using the following criteria: • Preserve the heritage and identity of Indigo Shire localities;  Maintain the integrity of Council’s existing naming theme of historical, settlement, physical feature, flora and fauna; Draft  Cultural significance to the municipality’s communities including indigenous and other ethnic communities; • Recognition of prior uses of land and the people associated with it; • Ensure linking the name to the relevant place; • Recognition of existing unofficial names; • Ensure names assigned to streets are simple and easily pronounced; • Names to be written in Australian English and not exceed 25 Characters

The submission received from the Friends of the Stanley Athenaeum (Submission 1) reflected on the lack of diversity in previous place naming decisions within Indigo Shire, and proposed a number of names to reflect the contribution of pioneering women in Beechworth.

There has been very little reference to the cultural significance of indigenous communities in previous place naming decisions in Indigo Shire. The team considered developing options for these two road names but the consultation and research required was excessive and would take quite some time to complete.

Page 134

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Nevertheless, the Burke Museum Team and the Beechworth Archive Centre have now commenced a project to develop a list of appropriate place names for each location within Indigo Shire, to allow consideration of these names at the next opportunity.

ENVIRONMENTAL IMPLICATIONS Not applicable

FINANCIAL IMPLICATIONS Not applicable. No costs will be incurred as a result of this decision. Street signage will be installed by the developers at their cost for both locations.

LEGISLATIVE IMPLICATIONS It is a Council responsibility to name these roads in accordance with Council’s Place Naming Policy and Procedure (2013), the Department of Environment Land Water and Planning (DELWP)’s publication “Naming Rules for Places in Victoria – Statutory requirements for naming of roads, features and localities – 2016”, and in accordance with regulations defined by Geographic Names Victoria (GNV).

RISK & OPPORTUNITY MANAGEMENT Not Applicable

COMMUNITY ENGAGEMENT

CONSULTATION/COMMUNICATION UNDERTAKEN Level of public Promise to the public/stakeholders Examples of techniques used/to use participation Consult We will work with you to ensure that your Public notification of the requirement concerns and aspirations are directly for two new street names, and reflected in the alternatives developed and proposed names. Consideration of provide feedback on how input influenced submissions influencing the outcome. that decision. Draft In accordance with Council’s Place Naming Policy and Procedure, Council is required to consult publicly on proposed place names. A public notice inviting Submissions were advertised on 21 August 2020, and closed on 7 September 2020, on the proposed names of Burke Court for the Albert Road site and Blacksmith Lane for the Bridge Road site.

Five submissions were received which are included as attachments to this report.

New road off Albert Road Four of the submissions related to this road and none were supportive of the name Burke Court. A number of alternatives were suggested which will need to be evaluated in some detail so that a recommendation can be provided to a future meeting of Council.

Road between Mellish St and Ford St (partially existing - Victoria St) One submission (Submission 4) supported the name Blacksmith Lane given the historic context evidenced by the photo of the former Blacksmiths building on Ford St.

Page 135

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

And another submission (Submission 5) suggested that the Beechworth Foundry, also shown in the same photo, was more significant than the Blacksmiths in Beechworth’s history, and accordingly has recommended the road be named Foundry Lane. This suggestion has been recommended in this report.

The property developer, who originally selected Blacksmith Lane, was contacted in relation to the suggestion of Foundry Lane. They confirmed that their preference is to remain with Blacksmith but was not strongly opposed and would be willing to accept Foundry Lane as the new name.

The developer also confirmed that the road name is not actually required to be confirmed for a Statement of Compliance to be issued on the subdivision. So therefore the naming process is not holding up the sale of the new lots. However, to aid the sale process, having the road named officially and being able to erect street name signs is desired as soon as possible.

At the time of writing this report, Geographic Names Victoria was yet to confirm acceptance of this name. However, given the historic relevance, lack of another road of the same name within the shire and general compliance with the guidelines, Foundry Lane is expected to be approved.

CONSULTATION/COMMUNICATION PROPOSED The recommendation in this report is for a new name (Foundry Lane) which has not been advertised for the community to have a say. Hence it is recommended that, should Foundry Lane be chosen, that it be subject to a further public notice period of 14 days and that all previous submitters be notified.

For the unnamed road off Albert Road, once Council confirms a preferred name (unless it is Burke Court which has already been advertised), it will be advertised again via a public notice, inviting submissions, then a further report will be presented to a future Council meeting.

CONCLUSION It is recommended that Council  Defer a decision to name the new road in Beechworth off Albert Road, and  Adopts Foundry Lane as the name for extended road, currently partially named Victoria Street, in Beechworth off Bridge Road, subject to a further public notice period and no objections being received. Draft

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Ian Ellett – Director Infrastructure Services  Paul McLachlan – Manager Assets & Property  Nathan Day – Assets Systems Officer

Attachments 1. Submission 1 2. Submission 2 (redacted) 3. Submission 3 (redacted) 4. Submission 4 (redacted) 5. Submission 5 (redacted)

Page 136

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

12.5 PROPOSED OPENING OF ROAD RESERVE AT BESLEY LANE KERGUNYAH File No: 2020/756 Paul McLachlan - Manager Assets & Property Infrastructure Services

For Decision

Item 12.5 withdrawn from the agenda.

Statement from the CEO: I have emailed to all Councillors, as we entered this meeting this afternoon, that I have withdrawn this item from the agenda. The reason being that since the agenda was published we have received a legal representation from a party that caused to question a point of law. We have been unable to seek adequate legal advice on that assertion to my satisfaction and so I feel I’m not in a position to give you the assurance that the right processes have been followed in regards to this report that I have put up. I feel like I have no choice other than to withdraw the report, which I have done in writing and now verbally to this meeting.

RECOMMENDATION That Council: 1. Resolves to reopen a section of unused road (running east-west between 227 and 271 Besley Lane Kergunyah, approximately 960m in length), under Section 407 of the Land Act 1958 by notifying the Department of Land Environment Water and Planning that the road is required for road purposes. 2. Notes that Officers will process an application for Consent to Work in the Road Reserve to facilitate suitable road construction works within this road to ensure works are carried out in accordance with the relevant standards and regulations.

PURPOSE OF REPORT Council has been approached by landowners at Besley Lane Kergunyah to open a government road reserve up for traffic, and to approveDraft an application to work within that road reserve, to construct an access track to an otherwise land-locked parcel of land. Following an objection from the neighbour to this proposal, this report is for Council to consider the application and make a decision. This report provides relevant background, precedent and relevant legislation.

BACKGROUND A government road which runs off Besley Lane in Kergunyah, runs between two properties:  227 Besley Lane to the south and west, coloured pink, which is in 3 parcels (Landowner A), and  271 Besley Lane to the north which is unshaded on the map below (Landowner B)

Landowner A is planning to sell two of his parcels of land, and retain the westernmost parcel.

Page 137

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The only physical access currently available to the western block is via a track through the other two parcels of private property. The sale of the eastern two parcels would remove any existing practical access to the remaining, western block, leaving the government road as the only available legal access.

The road reserve is currently under a grazing licence in Landowner A’s name. This landowner has approached Council to re-open the road and has applied for consent to work in a road reserve (as required under the Road Management Act 2004) to construct an appropriate access track.

As the road exists primarily for access purposes, it is normal practice in these circumstances to open it for such an access request. The applicant is responsible for all design and construction costs – they are required to carry out design to theDraft approval of Council, and to NECMA where works are proposed on waterway. As the landowner is seeking only farm access, the standard of construction is the CFA standard, and the track would not be maintained by Council under the Road Management Act. The new track will be 1.28km long.

Although the public land is licensed to Landowner A (to the south), it is fenced along the southern property boundary (i.e. on Landowner A’s northern boundary) meaning that it is currently utilised by Landowner B (to the north) as there is no boundary fence along that property, and they have been grazing the road reserve without a licence.

Landowner A has proposed to pay for the fencing along Landowner B’s property. This would typically be the responsibility of Landowner B as it is their boundary fence.

Landowner A has engaged EDM Group to prepare engineering plans. Council and NECMA have reviewed the construction plans and the design has incorporated all of Council and NECMA’s requests, and are being considered for approval.

Page 138

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Landowner B has contacted Council expressing objection to the proposal. Council officers have had numerous conversations with him, provided a copy of the engineering plans and held an onsite meeting to ensure his concerns were understood and able to be considered as part of the design.

DISCUSSION Both Parties have made submissions to Councillors in relation to the proposal. Key topics relating to the matter are discussed below.

Waterway impact The engineering design has been done with a comprehensive catchment analysis and all waterway crossings have been reviewed by NECMA and Council, and the current design plans are considered satisfactory. Following Council’s site meeting with Landowner B, a second meeting onsite with NECMA was carried out, and their approval of the plans was confirmed, subject to some minor amendments.

Road Construction Impact The road construction standard is a typical farm access track, meeting CFA requirements. Inspections of soil conditions have been carried out and have been taken into account in the pavement design. The road is only likely to carry occasional vehicles providing access to a rural block without a residence. In this circumstance, it is not considered appropriate to require a high standard of construction, nor for the ongoing maintenance to be at the expense of ratepayers. It is not proposed that the road would be added to the Register of Public Roads or maintained by Council.

Loss of Native Vegetation The existing road is a heavily grazed road reserve, indistinguishable from the abutting farm paddocks. There are a number of large trees, and the design has taken into account these trees by avoiding where possible, and ensuring no excavation within Tree Protection Zones for any existing significant trees. Only one small tree is proposed to be removed. There is a CMA/Landcare project that will be impacted, but the proposed alignment takes this into consideration and will minimise disturbance in this area.

Loss of productive farmland Landowner B has been grazing this Draftroad reserve without a grazing license for many years. Under the Road Management Act, roads are primarily to be used for road and road related purposes. Grazing of unused roads is convenient to assist with the management of land when not required for public traffic, but should not be considered the primary purpose for the land if a genuine request for property access is received.

If the grazing licence was held by Landowner B, this request would be handled exactly the same way; i.e. after consultation with any affected landowners, a decision would be made about the requirement of the road for access purposes. Where the road is required for vehicle access, DELWP would be notified and it would arrange for the cancellation of any grazing licence. Licensees of road reserves are instructed through their license agreement that Council or DELWP may cancel the license at any time and the road reserve must be vacated within three months of a notice of the cancellation.

Page 139

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Ongoing management / maintenance of the road The applicant has been advised and is of the clear understanding that the new roadway will not be maintained by Council. Once the grazing license is cancelled, management of the land reverts to Council. There are many instances of road reserves under Council’s management where there are various forms of tracks, roads and driveways, which are not maintained by Council, and are looked after by private landowners as access to their own property.

Alternative Access through other private land Currently Landowner A accesses the western block through his other two parcels of land. He is planning on selling the other two parcels and retaining the western block. Planning advice is that due to the lot size and the Bushfire Management Overlay, a dwelling would not be permitted on the land.

There is a possibility of creating an Easement of Way along the existing track through his other two blocks. He does is not in favour of this due to a likely reduction in land value (unnecessary with an adjacent government road) and the risk of having access physically blocked by future landowners.

Site of Aboriginal Cultural Heritage On Thursday 6 August, Landowner B provided an email including an attachment preliminary report form from Aboriginal Victoria, which he has filled out. This has not been raised before, and no further details are available on this matter. The road reserve does not have any cultural heritage overlay.

Options Council has the power to open the unused road under Section 407 of the Land Act 1958. This power is delegated to the Director Infrastructure Services.

Option 1. Council may choose to support the recommendation to open the road in which case officers would consider consent to carry out works in the road reserve to construct a road as per normal practice.

This is the recommended option and would normally be approved under delegation. This was communicated to the applicant by officers before it was scheduled to be brought to Council for a decision.

Option 2. Alternatively, Council may resolve notDraft to support the current application in which case officers would not consent to any works in the road reserve which were contrary to this position.

In this case, the road would remain under DELWP’s management and the public retains the legal right to access it. There is no road or track constructed on it so it does not provide a practical means of access. It is the only legal access to the western most parcel of the property at 227 Besley Lane (Landowner A) so if it were to be in different ownership to the other parcels, access to it would be effectively denied.

It is unclear what precedent would be set for future requests for opening of roads in similar circumstances, for any future applications relating to this road, or for future applications for consent for working in the road reserve. Any decision of Council to not support this application would need to be carefully worded to ensure it did not have unintended consequences for other similar applications.

Page 140

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

If Council refuses this application, it doesn’t mean that it cannot consider another application on the same matter in the future, but likely there should be further reasons for this or the constitution of the council has changed or policies have been reconsidered.

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 2. Indigo's Places, Township & Infrastructure Strategic Objective 2.1 Our townships and land management are well planned and sustainable Strategic Action N/A

SOCIAL/COMMUNITY IMPLICATIONS Applications to open unused sections of government road are not uncommon so the implications for other similar cases will need to be carefully considered if Council resolves not to support the current application.

Government roads are provided primarily for access purposes and the public’s right to access a government road is not impacted by an “unused” status and the issuing of a grazing licence.

ENVIRONMENTAL IMPLICATIONS The road reserve has been heavily grazed for many years and is covered with pasture grass. There are a number of large eucalypt trees along the reserve, as well as a number of natural gullies, and two designated waterways, with associated wetland grasses.

All alignment and pavement construction design has been carried out in order to avoid and minimise any native vegetation removal. Some short sections of the road pass nearby the existing trees. Controls have been placed on engineering plans to avoid any excavation through the tree protection zones of any existing trees. No significant native trees are required to be removed.

Drainage design through waterways has been completed with full catchment design and calculations to provide culverts and drainage to cater for a 1 in 10 year Flood Interval. Works through designated waterways have been reviewed and approved by the North East Catchment Management Authority.

FINANCIAL IMPLICATIONS There are no financial implications,Draft aside from officer time to inspect the site, and review and approve proposed plans. The track is not proposed to be included on the Register of Public Roads or maintained by Council. The applicant is aware and supportive of this position.

LEGISLATIVE IMPLICATIONS Government Road Reserves were set aside to provide property access in original parish plans. In this case, the road reserve has previously by Council been declared under section 400 of the Land Act (1958), as being an unused road – that is, not required for traffic.

There are quite a number of such lanes across Indigo Shire. When Council declares a road reserve as unused, control for the land for that period reverts to the Department of Environment Land Water and Planning, which would usually issue a licence for grazing to the neighbouring landowner.

Page 141

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Under Section 407 of the Land Act, Council has the power (delegated to Director Infrastructure Services) to inform the Minister that the road is required for access, and to re-open a licensed, closed road reserve. This power does not require consultation with abutting landowners, but Council’s long-standing practice has been to inform licence holders of the request prior to enacting this power, and take into consideration any responses from affected neighbours.

Once DELWP receives Council’s notice under Section 407 of the Land Act, it informs the license holder that the license will be cancelled, providing three months’ notice for the licence holder to vacate the road reserve, and a further three months to fence their property boundary.

Upon cancellation of the licence, the road is returned to the control of Council. The proposal to construct an access track through the road reserve is then treated through Council’s usual Working within the Road Reserve process under the Road Management Act 2004.

Council has recently sought general legal advice about this type of situation. The following is an extract from advice from Russell Kennedy Lawyers (Note: the advice was for a Crown Land Road Reserve, which is referred to below as a Laneway – but being a government road it has the same land status as the subject road reserve at Besley Lane):

“As the Laneway is Crown Land and shown as a road on the relevant Parish Plan, prima facie, it is lawful for pedestrians, cyclists, horse riders and vehicles to traverse it pursuant to section 8 of the RM Act.

Under section 9 of the RM Act, an owner or occupier of land which adjoins a road has a right of access to the road. This would apply to the Laneway.

Even so, such a right in relation to the use of the Laneway by vehicles is subject to limitations.

The use of the Laneway by vehicles is subject to, amongst other things, management and control by Council, and whether or not it is physically possible for vehicles to traverse it without undertaking road works. Road works within the Laneway would require Council approval.

Under the RM Act regime, roads are primarily to be used for road and road related purposes, however, this use is subject to safety and environmental considerations, amongst other things. When Council exercises functions andDraft powers under the RM Act, particularly those that would be relevant to the Laneway, there is no ability for an interested party to have the merits of a decision or action by Council formally reviewed.

Similarly when Council exercises functions and powers under the LG Act in relation to roads there is no legal basis to have the merits reviewed.”

In considering whether he is entitled to construct an access to his land via the only legal road access, it is not relevant that the landowner may not be able to gain a planning permit for a dwelling on the property. The suggestion of creating an easement of way has been put to the landowner, but as is his right in managing his own land, he has decided not to create this easement.

With the cancellation of a licence, the Licensee is usually required to fence their own boundary. In this case the licensee (Landowner A) is offering to fence the boundary of Landowner B land at his own cost.

Page 142

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

RISK & OPPORTUNITY MANAGEMENT The risk associated with refusing to open the road reserve is that is provides for an uncertain precedent in future relating to this location, as well as other similar proposals.

There is a risk that Landowner A may pursue legal action if the road is not reopened.

Legal advice received in relation to this matter has confirmed that, “There is no merits appeal from such a decision. There are administrative law appeals on questions of law. Previous advice supplied is useful in this context. Administrative law appeals deal with how the decision was made not necessarily the decision itself. So in essence it could be that the decision did not consider all the relevant information, or it considered irrelevant information, or it was made for an improper purpose or the person who made the decision was biased.”

COMMUNITY ENGAGEMENT

CONSULTATION/COMMUNICATION UNDERTAKEN Generally for works within the Road Reserve, no wider consultation is undertaken. Given the opening of an unused roadway has the capacity to impact on adjacent landowners, affected landowners are usually consulted.

In this case, the neighbouring land owner has been using the road reserve for grazing, so discussions have been held with the adjacent landowner (Landowner B), and engineering plans provided for information.

CONSULTATION/COMMUNICATION PROPOSED Following the decision, the two abutting land owners will be notified, but no other consultation process is proposed.

CONCLUSION The proposal to open the road is a legal request to use a reserve set aside for access. All costs for design, construction and maintenance of the proposed track will be the responsibility of the applicant.

Cancelling of a grazing licence is Draft a common action Council takes in order to provide access to property. Consideration of waterways, native vegetation and practicality of access is always part of any review of construction proposals and plans for works within Council road reserves. It is considered that the proposal is reasonable and the design takes into account all the relevant constraints and issues for the site.

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Paul McLachlan – Manager Assets and Property  Ian Ellett – Director Infrastructure Services  Rob Terrill – Development and Plant Engineer

Attachments Nil

Page 143

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

12.6 LATE BUSINESS

RESOLUTION

That late business of Council be considered at this point in the meeting.

Moved: Cr Goldsworthy Seconded: Cr Trenery

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

RESOLUTION That Council resolves that it is not in the public interest at this time to cancel the licence to allow for the section of unused road (running east-west between 227 and 271 Besley Lane Kergunyah, approximately 960m in length) to cease being an unused road.

Moved: Cr Goldsworthy Seconded: Cr Trenery

For: Crs Bernard Gaffney, Larry Goldsworthy, Sophie Price, Diane Shepheard and James Trenery Against: Crs Barb Murdoch and Jenny O'Connor

CARRIED

Draft

Page 144

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

13. EXECUTIVE MANAGEMENT

13.1 LOCAL LAW NO. 3 - CONDUCT AT MEETINGS AND COMMON SEAL File No: 2020/714 Dalene Voigt - Executive Manager People & Executive Management Governance

For Decision

RECOMMENDATION That Council: 1. Receives the attached submissions relating to the proposed Local Law No. 3 – Conduct at Meetings and Common Seal, thanks the submitters for their contributions and endorses the management responses relating to these submissions.

2. Adopts the attached Local Law No. 3 – Conduct at Meetings and Common Seal.

3. Authorises the Chief Executive Officer to sign and seal the documents and to take all steps necessary to finalise this law.

RESOLUTION That Council: 1. Receives the attached submissions relating to the proposed Local Law No. 3 – Conduct at Meetings and Common Seal, thanks the submitters for their contributions and endorses the management responses relating to these submissions.

2. Adopts the attached Local Law No. 3 – Conduct at Meetings and Common Seal.

3. Authorises the Chief Executive Officer to sign and seal the documents and to take all steps necessary to finalise this law.

Moved: Cr Goldsworthy Seconded: Cr Price Draft

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

INTRODUCTION The purpose of this report is to recommend adoption of a new Local Law No. 3 to Council. The recommended local law will revoke Council’s current Local Law No. 3 – Meeting Procedures and Common Seal 2020 and replace it with a new local law that only regulates the use of Council’s Common Seal and conduct at Council Meetings.

Page 145

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Council received the proposed local law at the July meeting and authorised the CEO to give notice of the proposed law, inviting submissions in accordance with section 223 of the Local Government Act 1989. Three submissions were received, with one submitter asking to be heard in support of their submission. These submission are attached with personal details redacted.

BACKGROUND The commencement of section 60 of the Local Government Act 2020 requires Council to develop Governance Rules which include, among other things, conduct of Council Meetings. Council adopted Governance Rules at its Ordinary Meeting on 25 August 2020. The new Governance Rules contain Council’s procedure for the running of formal meetings and other rules that duplicate those in the existing Local Law No. 3.

The use of the Common Seal cannot be addressed through Governance Rules, nor can offences be created. Accordingly, Council is asked to adopt the proposed local law to provide for the continued regulation of Council’s Common seal and offences in respect of conduct at meetings.

It is also important that the existing Local Law No. 3 be changed to ensure that there is no duplication between these two documents. In general terms the proposed Local Law No. 3 has been amended to remove the sections that now appear in the Governance Rules, leaving only the sections that are not covered by the new Governance Rules (the use of Council’s Common Seal and conduct at formal meetings).

Changes to the sections that are maintained in the local law (common seal and conduct at meetings) are not substantial and will, save for minor changes to terminology and formatting, effectively reproduce the existing provisions of the current local law.

CONSULTATION OUTCOMES Three submissions were received, with one submitter asking to be heard in support of their submission. This occurred at the Special Council Meeting 8 September 2020. These submission are attached with personal details redacted. Below is a summary of the points raised in each submission and a Management Response to each.

Submission #1 (heard at Special CouncilDraft Meeting 8 September) General themes Proposed law is draconian and will stifle debate and criticism. Particularly concern with item 9.1. Concern over subjectivity of the terms offensive and objectionable.

Management Response It is important to have the ability to regulate such behaviour. The intention of the proposed LL3 is not to stifle debate or criticism. It is however to guard against comments that are abusive, offensive, disorderly or objectionable. It has repeatedly been heard from members of the public that such behaviour in itself can in itself stifle the participation of and intimidate some from participating.

It is important to note that 9.1 is not a new clause, it has existed, almost verbatim, in the former local law in item 48(a) as follows:

Page 146

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

(48) Improper and disorderly conduct

(a) A Councillor, staff member, member of the gallery or any other person must not make any comment, question or remark that is defamatory, indecent, abusive, offensive, disorderly or objectionable in language, substance or nature.

Governance Rule 52 provides for a remedy that would be applied earlier in proceedings, before the implications of LL3 9.1 were applied. It provides that:

The chairperson may require a Councillor, officer, visitor or any other person to withdraw any remark that he or she considers to be offensive, disrespectful or defamatory and may ask that person to apologise to the Meeting.

There is no intention or agenda to lower the threshold or to increase use of penalties associated with this clause. It is noted that there have been no penalties issued in relation to the pre-existing clause for at least the last decade, however it is an important tool for the chair of meetings to be able to apply if the situation warrants.

Submission #2 General themes Relates mostly to open forum questions not being answered to the satisfaction of the questioner, also to creation of offences and who responds from Council to correspondence.

Management Response The format of open forum is question and answer, not debate. Governance Rule 36 (k) provides (in relation to Open Forum) that no additional discussion or debate is permitted by the questioner or members of the gallery.

In relation to the creation of offences – LL3 Part D outlines the issuing of infringement notices. Infringements would be served in accordance with the Infringements Act 2006 by an Authorised Officer. It is important to note that there have been no penalties issued in relation to the pre-existing clause for at least the last decade, possibly longer.

Submission #3 7 suggested amendments which areDraft copied below with subsequent management responses following.

1. A member of the gallery who makes a remark that the chairperson considers to be unacceptable shall be informed of such by the chairperson and asked to retract the statement or apologise.

Management Response: This is already provided for in Governance Rule 52(a).

2. Should the person refuse to apologise on the basis that they have a legitimate concern that is not being acknowledged by Council and they are refused permission to further explain their case, the chairperson can ask them to leave the chamber.

Management Response: This is already provided for in Governance Rule 54(a).

3. Should the person refuse to retract their statement, or leave the meeting the chairperson may close the meeting and arrange for the meeting to reconvene at a new time

Page 147

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Management Response: This is already provided for in Governance Rule 53(a).

4. If a person who presents a question in Open Forum rejects the answer given by the member of staff or councillor as not related directly to the question the chairperson shall rule on the accuracy and substance of the answer and may ask for a further explanation.

Management Response: The format of open forum is question and answer, not debate. Governance Rule 36 (k) provides (in relation to Open Forum) that no additional discussion or debate is permitted by the questioner or members of the gallery.

5. If a person participating in Open Forum in a meeting that is being live streamed rejects the answer given to their question, the chairperson shall not turn off the live steam coverage to prevent the questioner seeking a more accurate answer.

Refer to Management Response for item 4.

6. If the chairperson of a meeting imposes a penalty on a person for what they consider to be a failure to comply with the conditions imposed under legal Law No3, the person may refuse to pay the penalty and take legal action in a court of law to establish the accuracy and acceptability of the decision reached by the chairperson.

Management Response: Any infringements issued are legally appealable. It is important to note the management response to submitter 1 re this clause not being new and also not being utilised in the past decade.

7. Any community member, councillor or member of staff who makes a statement that is relevant to the determination of an issue must be able to provided evidence of the accuracy of the statement when challenged by the chairperson. Failure to provide acceptable proof will require the information to be removed from the record of discussion.

Management Response: This is in principle a good suggestion and one that has been considered in the past by Councillors. It is however not practical in a meeting environment.

After carefully considering these submissions, no changes to the proposed law are recommended. Draft RISK MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments

Risk of confusion with co- Likely Minor Low Adoption of proposed existence of current Local law which removes Law No. 3 – Meeting duplication with Procedures and Common Governance Rules. Seal and also Governance Rules

SOCIAL/COMMUNITY IMPLICATIONS An effective Conduct at Meetings and Common Seal Local Law will assist Council to ensure that decision making processes remain transparent and that high standards of integrity and accountability are maintained. This in turn reinforces public confidence in Council's ability to ensure good corporate governance within the municipality. Page 148

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

ENVIRONMENTAL IMPLICATIONS There are no environmental implications associated with this report.

FINANCIAL IMPLICATIONS There are no financial implications as a result of adopting this local law.

CONSULTATION/COMMUNICATION UNDERTAKEN The attached local law was the subject of a s.223 consultation process, as required under the Local Government Act (1989).

Date Action 28 July 2020 Council resolution to commence the statutory process to make the local law

1 August 2020 Public notice period commences with notice in Victoria Government Gazette and locally circulating newspaper(s)

31 August 2020 Conclusion of public notice period and closing date for public submissions

8 September 2020 Special Council meeting to hear submitter who wished to be heard in support of their submission.

15 September 2020 Recommendation to adopt the local law

16 September 2020 Notice in Government Gazette and public notice of adoption of Law and copy to be sent to Minister.

CONSULTATION/COMMUNICATION PROPOSED If adopted by Council the local law will be advertised in the Victorian Government Gazette and published on Council’s website.

LEGAL/COUNCIL PLAN/POLICY IMPACTDraft COUNCIL PLAN 2017 – 2021 Theme 5. Indigo’s Civic Leadership & Governance Strategic Objective 5.2 Council provide good governance and its business is open and transparent Strategic Action 5.2.2 Review and implement relevant changes arising from the review of the Local Government Act

LEGISLATIVE IMPLICATIONS Updating of a local law is governed by the Local Government Act and must follow a set process as outlined in sections 121 and 223 of the Local Government Act 1989. These provisions remain current despite the phased introduction of the 2020 Act.

Page 149

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

To become enforceable, the local law must be exhibited for public comment in accordance with Section 223 of the LGA 1989. This is a formal process and includes a Community Impact Statement (attached) that assesses the proposed local law against other legislation, the Charter of Human Rights and other relevant matters. Following the s.223 process, Council heard 1 submitter who wish to present their views to Council at a Special Council Meeting 8 September 2020.

The final local law is now presented to Council for final consideration.

CONCLUSION It is encouraging to receive three submissions to this process and the suggestions were well made and worthy of consideration. The submissions did not result in changes to the proposed law.

It is recommended that Council now adopts the attached local law and provide authorisation for the CEO to finalise this process.

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Dalene Voigt – Executive Manager People & Governance

Attachments 1. Local Law No. 3 - Conduct at Meetings and Common Seal 2. Submitter No. 1 - John Harvey 3. Submitter No. 2_Redacted 4. Submitter No. 3_Redacted Draft

Page 150

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

13.2 COUNCIL ACTION PLAN File No: 2020/646 Trevor Ierino - Chief Executive Officer Executive Management

For Information

RECOMMENDATION That Council notes the Quarter 4 2019/20 Council Plan report.

RESOLUTION That Council notes the Quarter 4 2019/20 Council Plan report.

Moved: Cr Shepheard Seconded: Cr Goldsworthy

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

PURPOSE OF REPORT The purpose of this report is to present the Quarter 4 2019/20 Council Plan report.

BACKGROUND The tabled report provides detailed reporting on the performance against the council plan actions.

The provision of this report is in accordance with the council’s legislative responsibilities under section 137 and 138 of the Local Government Act 1989. The information included in the quarterly report allows for an assessment of the council/s performance across a range of indices, concluding at the end of the year with the annual report.

The four-year Council Plan is reviewedDraft each financial year and a one-year action plan created to ensure that Council is achieving the priorities identified.

At the end of the 2019/20 year:  35 actions (57%) are achieved  13 actions (21%) are qualified achievement  7 actions (11%) are not achieved  7 actions (11%) are on hold.

In general most items (78%) were either ‘achieved” or ‘qualified achievement’. Despite the impact of COVID-19 alternate methods of delivery were pursued wherever this was possible. There are however some items where this has not been possible and hence have been delayed. The seven actions listed as being ‘Not achieved’ are shown below.

Page 151

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

1.1.8 Develop a Gender Equity Policy (OD) and promote relevant VicHealth awards (CD).

Q4 Update This has been delayed due to the Bill not coming into effect until 2021.

2.1.11 Develop a parking strategy for Yackandandah and Beechworth.

Q4 Update Project Plan developed. A request for quote is under review - expected to be completed by December 2020.

2.1.7 Complete and present the actions of the Domestic Waste Water Plan for Council to adopt plan.

Q4 Update Plan completed in draft form and will proceed through the internal review processes before coming to Council for consideration. Currently monitoring other municipalities for implementation experiences before progressing.

2.2.1 Review Buildings Asset Management Plan & review Bridges Asset Management plan.

Q4 Update  Buildings Asset Management Plan - Draft under construction - Expected to be prepared for review by Asset Management Steering Group in September 2020.  Bridges Asset Management Plan - Reviewed by Asset Management Steering Group - updated draft due to Asset Management Steering group September 2020.

2.2.6 Refresh town and shire entry signs across the Shire, including freeway signage and other directional signage. Two year project with Year 1 deliverables including project brief, expression of interest process, first round community consultation. Draft Q4 Update Project delayed due to impact of COVID priorities. Freeway signage expected to be installed prior to Christmas 2020 subject to Regional Roads Victoria. A project plan for the Town entry signage refresh will be presented to new Council in Q2/3.

2.3.3 Complete the construction of Wahgunyah to Moodemere shared trail.

Q4 Update Land tenure negotiations and authority permits and approvals have been obtained. Construction works to commence in Q4 but stopped due to wet weather.

Page 152

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

3.1.3 Investigate, assess and analyse all industrial land options in Chiltern including community input, and make recommendation to Council.

Q4 Update Chiltern included in Industrial Land Assessment with special report update for Chiltern Depot. No recommendation to Council - to be scheduled for 2020.

The attached spreadsheet provides Draftdetails of the 2019/20 actions and the Q4 status of these actions.

CONCLUSION The second half of the 2019/20 financial year has been extremely challenging for our community, and also for Council. Despite the enormous demand on resources to respond to the two key crisis events of the summer bushfires, and now COVID-19, Council was still able to deliver “achieved” or “qualified achievement” for over three quarters of its Council Plan action items for 2019/20 as well as continuing to deliver almost all of its usual services to the community, albeit in a different way in some cases. In a separate report Council will note that 95% of the Capital Program was also delivered.

The impact of COVID-10 on Council Plan action items was two-fold. In some cases, COVID-19 restrictions made it impractical or impossible to deliver the action or to conduct community engagement in a meaningful way to ensure good process was followed in delivering that item. Secondly the very staff necessary to deliver some action items had to be diverted to either bushfire emergency response or pandemic management duties.

Page 153

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Trevor Ierino – Chief Executive Officer

Attachments 1. Council Action Plan 19/20 Q4

Draft

Page 154

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

13.3 INSTRUMENT OF APPOINTMENT AND AUTHORISATION - PLANNING & ENVIRONMENT ACT File No: 2020/757 Dalene Voigt - Executive Manager People & Executive Management Governance

For Decision

RECOMMENDATION In the exercise of the powers conferred by Section 224 of the Local Government Act 1989 and the other legislation referred to in the attached Instruments of Appointment and Authorisation, Indigo Shire Council resolves that:

1. Rebecca Mouy, Manager Planning & Statutory Services, be appointed and authorised under section 147(4) of the Planning and Environment Act 1987 as set out in the attached instrument. 2. The Instrument of delegation comes into force immediately upon resolution of Council. 3. The Instrument remains in force whilst the officer remains employed by Council, or until Council determines to vary or revoke it. 4. The Instrument of Appointment & Authorisation under the Planning and Environment Act 1987 for Ian (McGregor) Scholes, former Manager Planning & Statutory Services, be revoked, taking effect on 2 October 2020.

RESOLUTION In the exercise of the powers conferred by Section 224 of the Local Government Act 1989 and the other legislation referred to in the attached Instruments of Appointment and Authorisation, Indigo Shire Council resolves that:

1. Rebecca Mouy, Manager Planning & Statutory Services, be appointed and authorised under section 147(4) of the Planning and Environment Act 1987 as set out in the attached instrument. 2. The Instrument of delegation comes into force immediately upon resolution of Council. 3. The Instrument remains in force whilst the officer remains employed by Council, or until Council determines to vary or revoke it.Draft 4. The Instrument of Appointment & Authorisation under the Planning and Environment Act 1987 for Ian (McGregor) Scholes, former Manager Planning & Statutory Services, be revoked, taking effect on 2 October 2020.

Moved: Cr Shepheard Seconded: Cr Price

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

Page 155

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

PURPOSE OF REPORT The purpose of this report and the attached Instrument is for Council to appoint Rebecca Mouy as an Authorised Officer under the Planning and Environment Act 1987 (Act), and to revoke the appointment of the former Manager Planning & Statutory Services, Ian Scholes.

BACKGROUND Under the Act, Council officers must be appointed and authorised directly by Council rather than by the Chief Executive Officer, as there are no powers provided for this sub-delegation.

The Instrument of Appointment and Authorisation provides the legal basis to undertake inspections and other planning duties as required.

The attached instrument is based on the templates provided by Maddocks Lawyers Delegations and Authorisations Service. This legal service provides templates for Instruments of Appointments that meet legislative requirements. The use of these model documents will ensure Council has in place compliant authorisations to relevant Council staff.

DISCUSSION On 14 September 2020, Rebecca Mouy commenced in the role of Manager Planning & Statutory Services. As this role is required to execute statutory powers and functions under the Planning & Environment Act, Council must make the appointment under this Act.

As Rebecca is replacing the former manager, Ian Scholes, who is retiring. Ian’s appointment needs to be revoked to cease his ability to act as an authorised officer. This revocation is recommended to take effect on 2 October 2020 to allow for a period of handover between the two officers, and to ensure a seamless transition in planning and statutory services being delivered to the community.

As part of the employee exit procedure, Ian’s authorised officer card will be handed back to Council for destruction on 2 October 2020.

Options Council could decide to not appoint the officer under the Act, however this would prevent the officer from carrying out the statutory functionsDraft required of her role. For this reason, it is strongly recommended that the officer is appointed.

Council could decide to not revoke the former manager’s appointment, however as this would leave Council open to potential risks associated with the continued appointment of an individual no longer employed by Council – for this reason Council is required to revoke the former manager’s appointment.

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 5. Indigo's Civic Leadership & Governance Strategic Objective 5.2 Council provide good governance and its business is open and transparent

Page 156

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The appointment of an authorised officer and revocation of previous officers under the Act demonstrates the due consideration Council gives to allowing officers to perform certain duties under specific legislation. This indicates that Council complies with legislation, ensuring its officers are duly authorised and ceased when appropriate, and that Council’s business is conducted with transparency.

SOCIAL/COMMUNITY IMPLICATIONS The formal appointment to this position ensures the community that Council authorises Rebecca to perform the duties of Manager Planning & Statutory Services within the scope of the Planning & Environment Act 1987. Likewise, the revoking of Ian’s appointment ensures that the correct exit procedures are followed, and that Council only authorise officers that are rightfully employed to fulfil the requirements under the Act.

ENVIRONMENTAL IMPLICATIONS Nil

FINANCIAL IMPLICATIONS There are no financial implications to Council relating to the issuing or revoking of an instrument of delegation.

LEGISLATIVE IMPLICATIONS It is important that officers are properly authorised by Council, when undertaking a role as an authorised officer. This ensures that the officer is permitted act under the relevant legislation and in their official capacity.

In order for Rebecca to undertake her day-to-day duties this appointed is required for the purposes of the Planning and Environment Act 1987.

Draft

Page 157

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

RISK & OPPORTUNITY MANAGEMENT

Description Likelihood Consequence Final Risk Rating Controls, treatments

An officer acts under the Unlikely Moderate Medium When a new officer is Act without being appointed in a role, the formally appointed by governance team Council. checks the authorised officer status. This triggers the process for formal appointment by Council in accordance with procedures.

An officer is appointed Unlikely Moderate Medium Council’s appointed under inappropriate or legal service issues an wrong legislation updated template that Council uses to ensure the accuracy.

Once drafted, the Instrument is approved by various officers including the relevant manager and the Director of Planning & Corporate Services.

An authorised officer Possible Moderate Medium The authorised officer ceases in their role and identity card must be continues to exercise returned to and powers under legislation destroyed by Council on behalf of Council Draftwhen the officer ceases their employment.

By formally revoking the appointment, Council are clearly ceasing the officer’s ability to act under legislation.

COMMUNITY ENGAGEMENT

No public consultation was undertaken or is proposed in relation to this matter.

Page 158

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

CONCLUSION It is recommended that Council resolve to appoint and authorise Rebecca Mouy, Manager Planning & Statutory Services, and to revoke the former manager’s (Ian Scholes) appointment.

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Dalene Voigt – Executive Manager People & Governance  Annabel Harding – Governance Officer

Attachments 1. Instrument of Appointment & Authorisation (Planning & Environment Act 1987) - Mouy

Draft

Page 159

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

13.4 APPOINTMENT OF ACTING CHIEF EXECUTIVE OFFICER File No: 2020/738 Trevor Ierino - Chief Executive Officer Executive Management

For Decision

RECOMMENDATION That Council: 1. Appoints the Director of Planning & Corporate Services, Greg Pinkerton as Acting Chief Executive Officer for the period 16 September to 25 September 2020 inclusive, and

2. Mr Pinkerton be authorised to exercise all powers and authorities reposed in the position of Chief Executive Officer for the period of the appointment as acting Chief Executive Officer.

RESOLUTION That Council: 1. Appoints the Director of Planning & Corporate Services, Greg Pinkerton as Acting Chief Executive Officer for the period 16 September to 25 September 2020 inclusive, and

2. Mr Pinkerton be authorised to exercise all powers and authorities reposed in the position of Chief Executive Officer for the period of the appointment as acting Chief Executive Officer.

Moved: Cr Price Seconded: Cr Murdoch

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

PURPOSE OF REPORT Draft The purpose of this report is for Indigo Shire Council to appoint a Director as acting Chief Executive Officer (CEO) while the CEO is on leave from Council.

BACKGROUND The CEO, Trevor Ierino will be on leave from the Council for the period from 16 September to 25 September 2020 inclusive. The CEO has various powers and authorities reposed by virtue of the position. These powers and authorities arise from legislative provisions as well as authorities delegated by Council. For these powers and authorities to be exercised by an acting CEO, an officer needs to be formally appointed to the position by Council.

DISCUSSION Nil discussion.

Page 160

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Options 1. Do not appoint anyone. This is not recommended as the Council is required to have a CEO in position at all times. 2. Appoint Mr Pinkerton for the period recommended in this report.

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 5. Indigo's Civic Leadership & Governance Strategic Objective 5.2 Council provide good governance and its business is open and transparent Strategic Action

The appointment will ensure continuity of decision making during the absence of Mr Ierino.

SOCIAL/COMMUNITY IMPLICATIONS No social implications.

ENVIRONMENTAL IMPLICATIONS No environmental implications.

FINANCIAL IMPLICATIONS Nil financial implications.

LEGISLATIVE IMPLICATIONS The Local Government Act 1989 (the Act) requires the Council to appoint a person as CEO. It is normal practice to appoint an acting CEO during periods of prolonged absence.

The process outlined in this report is consistent with the Act.

RISK & OPPORTUNITY MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments

An acting CEO is not Unlikely Moderate Medium Approve this resolution appointed Draft

COMMUNITY ENGAGEMENT

CONSULTATION/COMMUNICATION UNDERTAKEN This matter has been discussed amongst the executive staff, and the proposed appointment is consistent with the approach of rotation amongst the directors and developing the leadership qualities of the executive team.

CONSULTATION/COMMUNICATION PROPOSED Nil

CONCLUSION The appointment of an acting CEO ensures continuity of decision making and senior management oversight of the organisation.

Page 161

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report.  Trevor Ierino – Chief Executive Officer  Narelle Edwards – Executive Assistant to Chief Executive Officer

Attachments Nil

Draft

Page 162

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

13.5 ADVISORY COMMITTEE MINUTES File No: 2020/736 Dalene Voigt - Executive Manager People & Executive Management Governance

For Decision

RECOMMENDATION That Council receives the attached unconfirmed Advisory Committee minutes.

RESOLUTION That Council receives the attached unconfirmed Advisory Committee minutes.

Moved: Cr Shepheard Seconded: Cr Price

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

PURPOSE OF REPORT To provide Council with minutes, resolutions and accompanying officer comments from Council’s advisory committees for Council noting and endorsement of Officer comments.

BACKGROUND Council currently has 7 advisory committees. The role of an advisory committee is to provide information and advice on issues relating to the committee’s specific area of expertise (i.e. the Environment Committee provides advice on environmental issues).

Each advisory committee meets regularlyDraft (the frequency of which depends on the committee) and records minutes and resolutions for Council decision. Each resolution reported to this month’s meeting is highlighted in the table below, and has an accompanying officer comment.

DISCUSSION COMMITTEE DATE OF MEETING Indigo Environment Advisory Committee 12 August 2020 Finance Committee 19 August 2020

Note: The timing of the agenda distribution will sometimes make it difficult to provide a complete month. Please note that any items not included will be recorded in the following month.

Page 163

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

The resolutions from this Advisory Committee meeting and Officer Comments are outlined below:

COMMITTEE DATE OF RESOLUTION OFFICER COMMENT MEETING Nil

STRATEGIC CONTEXT COUNCIL PLAN 2017 – 2021 Theme 5. Indigo's Civic Leadership & Governance Strategic Objective 5.2 Council provide good governance and its business is open and transparent

The provision of advisory committee minutes and resolutions to Council at the monthly meeting ensures that Council endorses the advice of the committees. This allows transparent decision-making and good governance.

FINANCIAL IMPLICATIONS There are no financial implications with this report.

LEGISLATIVE IMPLICATIONS

Council’s advisory committees are established by Council but do not have any delegated decision- making powers. Instead they work under a terms of reference and provide advice to Council. The advice occurs in a variety of forms, including advice to relevant Council departments, as well as advice contained within resolutions that are reported to Council.

Some advisory committee meetings are open to the public and some are closed, however all minutes are reported to Council (with the exception of the Audit Committee - these meetings are held ‘in camera’ and the minutes are not available to the public – a Chair’s report is provided instead).

RISK & OPPORTUNITY MANAGEMENT Description Likelihood Consequence Final Risk Rating Controls, treatments

That advisory committee UnlikelyDraft Insignificant Low Governance team minutes and follow up with officer recommendations are secretariats to ensure not duly reported to that all meetings are Council. reported to Council as soon as practicable.

CONCLUSION The advisory committee minutes, resolutions and officer comments included in this report are presented to Council for noting and the officer comments for endorsement.

DECLARATION OF CONFLICT OF INTEREST Under section 80C of the Local Government Act 1989, the following officers declare that they have no interests to disclose in providing this report:  Dalene Voigt – Executive Manager People & Governance  Annabel Harding - Governance Officer

Page 164

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Attachments 1. Minutes - Indigo Environment Advisory Committee - 12 August 2020 2. Minutes - Finance Committee - 19 August 2020

Draft

Page 165

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

14. NOTICES OF MOTION

Nil reports

Draft

Page 166

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

15. COUNCILLORS REPORT

15.1 MAYOR'S DIARY AUGUST 2020 For Information

DATE TIME FUNCTION/EVENT LOCATION 4/08 9.00am Bushfire Recovery meeting 5/08 8.00am Media interview – Sky News 05/08 9.00am Media Interview – Radio National 05/08 10.00am Media Interview – 3AW news 05/08 11.30am Media Interview – The Age 05/08 4.30pm Media Interview – Radio Australia 06/08 9.00am National Bushfire Recovery – Discussion Teleconference 06/08 9.30am Indi Roundtable discussion Zoom 07/08 9.30am Alpine Valley – Local Government Day Zoom presentation 10/08 12.00pm Media Interview - Prime news 11/08 8.30am Media Interview – ABC 11/08 9.30am Audit Committee – Interviews 11/08 11.30am RCV – Minister discussion 12/08 9.30am Meeting with Minister for Local Government 12/08 12.30pm Audit Committee – Interview 12/08 3.30pm Media Interview – Border Mail 14/08 8.30am Media Interview – MMM 14/08 9.00am RCV meeting 14/08 11.00am Minister Jaclyn Symes meeting Wahgunyah 17/08 1.00pm Media Interview – Prime news 19/08 2.00pm Minister Symes meeting 19/08 3.00pm Totally Renewable Yackandandah Zoom 20/08 2.45pm Cross BorderDraft Meeting Teams 20/08 5.00pm Young Voices & Climate Crisis Gathering Zoom committee. 21/08 11.00am Media Interview – Prime – Border Closure 24/08 1.00pm Mayors meeting on Cross Border Zoom 25/08 1.00pm Tania Maxwell MP meeting – COVID issues Teams 26/08 1.00pm Media Interview – Nine News – Rutherglen Bypass 28/08 10.00am Hume Region Local Government Network – Zoom Strategic Planning Day

Attachments Nil

Page 167

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

16. DECISIONS REGISTER

16.1 DECISIONS REGISTER File No: 2020/735 Kathryn Baldock - Executive Assistant Executive Management

For Information

Item 14.1 Climate Emergency Date 30 July 2019 Resolution That Indigo Shire Council declares a Climate Emergency and in response: 1. Directs the CEO to;  Develop a Notice of Motion declaring a Climate Emergency for presentation at the next MAV and RCV State Council meetings.  Prepare an Advocacy Plan to encourage the State and Federal Government to do more to combat the effects of Climate Change;  Develop a Climate Change Policy Action Plan in consultation with the Indigo Shire Environmental Advisory Committee and the community, that will at a minimum examine the merits and efficacy of; . Convening a series of public meetings to address and educate our community on the threat from Climate Change and develop a suite of ideas that they can undertake to mitigate and prepare for the changing environment. . Selling the Council owned Buller Gas operation to fund the Environment and Sustainability Strategy Action Plan and the Climate Change Action Plan. . Apply to the Essential Services Commission for a rate cap variation to fund specific actions within the Environment and Sustainability Action Plan. . Purchasing low productivity cleared land within the Indigo Shire to plant it out with trees to capture carbon or Draftencouraging other organisations and land owners to do the same. 2. Requests the Municipal Emergency Management Planning Committee to critically examine the likely Emergency Management effects of Climate Change in the Indigo Shire and report back to Council on how best Council and the Community can prepare and plan in the long term to mitigate the risks and adapt to the increased likelihood of extreme events. 3. Notes that there will be a global day of action on 20 September 2019 and requests that the CEO use Council’s communication resources to help publicise this event Status 1. - Notice of Motion for MAV and RCV State Council meeting - completed.

- Advocacy included as a key action in the Strategic Action Plan – completed.

- Climate Emergency Strategic Action Plan has been prepared. Draft presented to Council July 2020 – completed.

Page 168

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

2. Referred to MEMPC, subcommittee established to evaluate likely impacts of climate change. 3. Completed.

Item 14.1 Climate Emergency Date 30 July 2019 Resolution That Indigo Shire Council 1. Invite our local State and Federal representatives and the Minister for the Environment to speak to Council in a public forum; and 2. If at a later date Council determines that we would like to hear from further experts then we make that invitation available. Status On hold pending Action Plan and Coronavirus (COVID-19) implications.

11.4 Rutherglen Destination Management Structure Review Date 25 February 2020 Resolution That Council: 1. Notes and receives the final Rutherglen Destination Management Report 2020; 2. Requires the CEO to support Destination Rutherglen Inc in assessing and determining its future. 3. Supports the continuation of destination marketing being the responsibility of Council’s Tourism unit, Tourism North East, and Winemakers of Rutherglen, with input from business and industry sectors and with Destination Rutherglen Inc. Status This item is now redundant and has been superseded by a new resolution as per Item 11.2 at the 25 August 2020 Council meeting – completed.

11.1 Draft Carlyle Cemetery Strategic Plan Date 26 May 2020 Resolution That Council endorses the draft Carlyle Cemetery Strategic Plan 2020-2024 and places it on public exhibition for 60 days. Status Completed.

11.2 Draft Local Food PolicyDraft Date 26 May 2020 Resolution That Council endorses the Draft Local Food Policy and invites community comment for a period of 60 days. Status On agenda for September 2020 Council Meeting.

13.2 Review of Council Plan 2017-2021 Date 26 May 2020 Resolution That Council: 1. Endorses the attached Council Plan 2017-2021 for the purposes of Section 125 of the Local Government Act 1989, with the following additions and changes: 1. Amendments to the timing of actions: a. 2.1.11, 2.3.3, 2.3.8, 2.4.2, 3.2.2, 3.2.3, 5.2.2, carried forward to be completed in 2020/21. 2. Authorises the Chief Executive Officer to give public notice of the preparation of the reviewed Council Plan, in accordance with Section Page 169

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

125(3) of the Local Government Act 1989. 3. Invites any person wishing to make a submission in relation to the proposed reviewed Council Plan to do so prior to 26 June 2020 at 5pm. 4. Schedules any person wishing to be heard in support of their submission to the reviewed Council Plan, to be heard by Council at a Special Meeting of Council on 14 July 2020. 5. Considers a recommendation to adopt the reviewed Council Plan at the July Ordinary Meeting of Council on 28 July 2020. Status Completed.

11.1 Establishment of Indigo Shire Tourism Events Grants Panel Date 28 July 2020 Resolution That Council: 1. Establishes the Indigo Shire Council Tourism Events Grants Panel; 2. Adopts Terms of Reference - B and Guidelines and Assessment Criteria for the Panel, and notes the exclusion of Councillors from the Panel; and 3. The number of community members should be up to 5. Status Completed.

12.3 Roadside Conservation Management Plan Date 28 July 2020 Resolution That Council endorses the draft updated Indigo Shire Council Roadside Conservation Management Plan 2020 for the purpose of further community consultation, to return to the September Ordinary Council Meeting. Status On agenda for September 2020 Council Meeting.

12.4 Climate Emergency Strategic Action Plan Date 28 July 2020 Resolution That Council endorses the Draft Climate Emergency Strategic Action Plan 2020 and places it on public exhibition to receive further community input, to return to the September Ordinary Council Meeting. Status On agenda for September 2020 Council Meeting. Draft 13.1 Draft Governance Rules Date 28 July 2020 Resolution That Council: 1. Endorse the draft Indigo Shire Council Governance Rules, including the incorporated Election Period Policy, developed in accordance with section 60 of the Local Government Act 2020; 2. Place the draft Indigo Shire Council Governance Rules on public exhibition for the 14 day period 29 July – 11 August seeking community input; and 3. Note the intention that Council will decide on the draft Governance Rules, after considering any feedback from the exhibition period, at its Council meeting 25 August 2020. Status Completed.

13.2 Draft Public Transparency Policy Date 28 July 2020

Page 170

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Resolution That Council: 1. Endorse the draft Public Transparency Policy, developed in accordance with section 57 of the Local Government Act 2020; 2. Place the draft Public Transparency Policy on public exhibition for the 14 day period 29 July – 11 August seeking community input; and 3. Note the intention that Council will decide on the draft Public Transparency Policy, after considering any feedback from the exhibition period, at its Council meeting 25 August 2020. Status Completed.

13.3 Proposed Local Law 3 – Conduct at Meeting and Common Seal Date 28 July 2020 Resolution That Council: 1. Receives the proposed Local Law No. 3 – Conduct at Meetings and Common Seal (proposed Local Law); 2. Authorises the CEO to give notice, in accordance with sections 119(1) and 223 of the Local Government Act 1989, in the Victoria Government Gazette and in a newspaper circulating generally in Council’s municipal district: 2.1 stating the purpose and general purport of the proposed Local Law; 2.2 stating that a copy of the proposed Local Law can be obtained from Council’s website and from Council’s offices; 2.3 inviting submissions, in accordance with section 223 of the Local Government Act 1989, within 28 days from the date of publication of the notice; and 2.4 stating that a person making a submission is entitled to request to be heard in support of their submission; 3. Schedules a Special Council Meeting for Tuesday 8 September 2020 at 6:30pm to hear any submitters wishing to address Council 4. Considers whether to make the proposed Local Law at the Council Meeting 15 September 2020. Status On agenda for September 2020 Council Meeting.

7.0 Confirmation of Minutes from Previous Meeting(s) Date 25 August 2020 Draft Resolution That Council: 1. Confirm the Minutes of the Ordinary Council Meeting held on 28 July 2020, as published on Council's website; and

2. Confirm the Minutes of the confidential session held on 28 July 2020, as distributed separately. Status Completed

7.1 Suspension of Standing Orders regarding Open Forum Date 25 August 2020 Resolution That Standing Orders be suspended to allow:- 1. Open Forum to be brought forward in the agenda to Item 7.2; and

2. The Mayor to read questions to Open Forum on behalf of the questioner without the requirement that the questioner or their representative be present at the meeting.

Page 171

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Status Completed.

7.2 Open Forum Date 25 August 2020 Resolution That Standing Orders be resumed. Status Completed.

10.1 June 2020 Finance Report Date 25 August 2020 Resolution That Council accepts the draft Financial Report for June 2020. Status Completed.

10.2 July 2020 Finance Report Date 25 August 2020 Resolution That Council accepts the July 2020 finance report. Status Completed.

10.3 Borrowing and Investment Policy 2020 Date 25 August 2020 Resolution That Council adjourn this item to the September 2020 Council meeting. Status On agenda for September 2020 Council meeting.

10.4 Establishment of Audit and Risk Committee and Adoption of Charter Date 25 August 2020 Resolution That Council: 1. In accordance with section 54(7) of the Local Government Act 2020, establishes the Audit and Risk Committee. 2. Adopts the Audit and Risk Committee Charter as set out in Attachment 1. 3. Appoints the existing Audit Committee members to the new Audit and Risk Committee under their current appointment arrangements. 4. Reviews the Audit and Risk Committee Charter within twelve months. Status Completed. Draft 10.5 Assembly of Councillors Records Date 25 August 2020 Resolution That Council accepts the attached Assembly of Councillors records. Status Completed.

11.1 Carlyle Cemetery Strategic Plan 2020-2024 Date 25 August 2020 Resolution That Council adopts the Carlyle Cemetery Strategic Plan 2020-2024. Status Completed.

11.2 Rutherglen Visitor Information Centre Date 25 August 2020 Resolution That Council: 1. Acknowledges and thanks the members of the Rutherglen Wine Centre Board and the management of Destination Rutherglen for their efforts in managing and operating the Rutherglen Visitor Information Centre for

Page 172

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

many years. 2. Acknowledges that as of September 1st 2020, the Instrument of Delegation to the Rutherglen Wine Centre Board Section 86 Committee of Council, and any other agreements held between Council and the Rutherglen Wine Centre Board, will cease to exist. 3. Closes all Rutherglen Wine Centre Board bank accounts and transfers all funds to Council, and that control of the Rutherglen Vistor Information Centre area of the Rutherglen Wine Experience building, and its contents revert to Council. 4. Authorises the CEO to continue to undertake all required actions for the management and operations of the Rutherglen Visitor Information Centre to be the full responsibility of Council from September 1st 2020. 5. Authorises the funding within the 2020/21 budget allocated to the Rutherglen Wine Centre Board, to now be applied within Council’s operating financial budget, for the management and operations of the Rutherglen Visitor Information Centre. 6. Deferred to the September 2020 Council Meeting to enable further strategic discussions. 7. Enters into an interim Memorandum of Understanding with Winemakers of Rutherglen for the use of the Rutherglen Wine Experience building.

Status In progress.

12.1 July Capital Works Report Date 25 August 2020 Resolution That Council notes the capital works report and the annual achievements in the delivery of the capital works program. Status Completed.

12.2 Discontinuance of Part of Road Reserve – 91 High Street Rutherglen Date 25 August 2020 Resolution That Council: 1. In accordance with the process prescribed in Section 12 of the Road ManagementDraft Act 2004, gives public notice of its intention to close part of the laneway at the rear of 91 High Street Rutherglen, as described by Survey Plan M7263 (46m2) and to sell the closed parcel to the abutting landowner, for the value of $3,000 (including GST). 2. Authorise the Chief Executive Officer to undertake the administrative procedures necessary to enable Council to carry out its functions under Section 12 of the Road Management Act 2004, and the Local Government Act 1989 in relation to this matter. 3. Notes that any objections received are required to be considered by Council before a final decision is made. 4. In the event that no objections are received, authorises the CEO to discontinue part of the laneway at the rear of 91 High Street Rutherglen, as described by Survey Plan M7263 (46m2) and to sell the closed parcel to the abutting landowner. Status Completed.

13.1 Review of Council Plan 2017-2021 Date 25 August 2020 Page 173

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

Resolution That Council adopts the attached Council Plan 2017-2021 for the purposes of Section 125 of the Local Government Act 1989, with the following changes:  Amendments to the timing of actions to be carried forward and completed in 20/21:  2.1.11 Develop a Parking Strategy for Beechworth and Yackandandah  2.3.3 Complete the walking/cycling track from Wahgunyah to Lake Moodemere  2.3.8 Develop a Trails Strategy, including Chiltern to Rutherglen and the Lake Moodemere Trail  2.4.2 Review museums, athenaeums and historic collections in all towns  3.2.2 Develop a strategic plan for caravan park amenities across the Shire  3.2.3 Finalise and implement the review of the Visitor Information Services  5.2.2 Review and implement relevant changes arising from the review of the Local Government Act Status Completed.

13.2 Instrument of Appointment and Authorisation – Planning and Environment Act Date 25 August 2020 Resolution In the exercise of the powers conferred by Section 224 of the Local Government Act 1989 and the other legislation referred to in the attached Instruments of Appointment and Authorisation, Indigo Shire Council resolves that: 1. Belinda Jenkin, Town Planner with the Indigo Shire Council, be appointed and authorised under section 147(4) of the Planning and Environment Act 1987 as set out in the attached instrument. 2. The Instrument of delegation comes into force immediately upon resolution of Council. 3. The Instrument remains in force whilst the officer remains employed by Council, or until Council determines to vary or revoke it. Status Completed. Draft 13.3 Instruments of Delegation Date 25 August 2020 Resolution That Council: 1. Delegates to the person holding the position, acting in or performing the duties of Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, subject to the conditions and limitations specified in that Instrument. 2. Delegates to the members of Council staff holding, acting in or performing the duties of the positions referred to in the attached Instrument of Delegation to Members of Staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument. 3. Notes that the delegations comes into force immediately upon resolution of Council.

Page 174

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

4. Revokes all previous delegations to the Chief Executive Officer and to Members of Staff. 5. Notes that the duties and functions set out in the instruments must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt. 6. Notes that the Instrument of Delegation to the Chief Executive Officer includes a power of delegation to the Chief Executive Officer in accordance with section 11(1)(b) of the Local Government Act 2020, and the Instrument of Delegation to Members of Staff is in accordance with the legislation referred to in the attached instrument of delegation. Status Completed.

13.4 Public Transparency Policy Date 25 August 2020 Resolution That Council adopts the attached Public Transparency Policy. Status Completed.

13.5 Council Expense Policy Date 25 August 2020 Resolution That Council adopts the attached Council Expense Policy. Status Completed.

13.6 Governance Rules Date 25 August 2020 Resolution That Council adopts the attached Governance Rules. Status Completed.

13.7 Advisory Committee Minutes Date 25 August 2020 Resolution That Council receives the attached unconfirmed Advisory Committee minutes. Status Completed. Draft 19 Confidential Business Date 25 August 2020 Resolution That the Ordinary Meeting of Council move into Confidential session in accordance with Section 66(2)(a) of the Local Government Act 2020. Status Completed.

Attachments Nil

Page 175

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

17. GENERAL BUSINESS

Nil.

18. OPEN FORUM

Brought forward via Resolution to Item 7.2.

Draft

Page 176

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

19. CONFIDENTIAL

RESOLUTION That the Ordinary Meeting of Council move into Confidential session in accordance with Section 66(2)(a) of the Local Government Act 2020.

Moved: Cr Gaffney Seconded: Cr Price

For: Crs Bernard Gaffney, Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Nil

CARRIED

This meeting moved into Confidential.

Draft

Page 177

ORDINARY COUNCIL MINUTES - 15 SEPTEMBER 2020

RELEASING OF COUNCIL MOTIONS IN CONFIDENTIAL SESSION TO THE PUBLIC SESSION

19.1 CULTURAL HERITAGE ADVISORY COMMITTEE - APPOINTMENT RECOMMENDATION

RESOLUTION That Council: 1. Appoints the following people to the Cultural Heritage Advisory Committee (CHAC).  Robin Hirst  Jonathan Sweet  Elizabeth Marsden  Roger Beeston  Simone Nolan  Ash Robertson  La Trobe University – Student representative  Dan Cummins  Bruce Pennay

2. Makes this Resolution public, once all applicants have been notified.

Moved: Cr Goldsworthy Seconded: Cr Murdoch

For: Crs Larry Goldsworthy, Barb Murdoch, Jenny O'Connor, Sophie Price, Diane Shepheard and James Trenery Against: Cr Bernard Gaffney Draft CARRIED Meeting Concluded: 10.01pm

Next Meeting: Tuesday, 24 November 2020 at 6.30pm

Page 178