Wellington Shire Council, Its Councillors, Officers, Staff and Their Families

Council Meeting Agenda

Meeting to be held at

Port Of Sale Civic Centre

Foster Street, Sale

Tuesday 16 April 2013, commencing at 6pm

or join Wellington on the Web: www.wellington.vic.gov.au

ORDINARY MEETING OF COUNCIL – 16 APRIL 2013

AGENDA & TABLE OF CONTENTS

A PROCEDURAL

A1 STATEMENT OF ACKNOWLEDGEMENT and PRAYER A2 APOLOGIES A3 DECLARATION OF CONFLICT(S) OF INTERESTS A4 CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL MEETING Ordinary Meeting of 2 April 2013 A5 BUSINESS ARISING FROM PREVIOUS MEETING/S A6 ACCEPTANCE OF LATE ITEMS A7 NOTICES OF AMENDMENT OR RESCISSION A8 NOTICES OF MOTION

A9 RECEIVING OF PETITIONS OR JOINT LETTERS 9(1) Outstanding Petitions 9(2) Response to Petition – 10 McGhee Street, Sale 9(3) Response to Petition – Coal Seam Gas exploration and mining in the Wellington Shire and Victoria 9(4) Public transport between Traralgon and Bairnsdale

A10 INVITED ADDRESSES OR PRESENTATIONS A11 GALLERY COMMENTS A12 QUESTIONS ON NOTICE 12(1) Outstanding Questions on Notice

A13 MAYOR’S REPORT A14 YOUTH COUNCIL REPORT

B REPORT OF DELEGATES ITEM B1 SOUTH EAST AUSTRALIAN TRANSPORT STRATEGY – FEBRUARY 2013 MEETING

C OFFICERS’ REPORTS C1 CHIEF EXECUTIVE OFFICER

ITEM C1.1 CEO’S ACTIVITIES REPORT ITEM C1.2 DRAFT COUNCIL PLAN 2013-17

Agenda - Ordinary Council Meeting of 16 April 2013 2

C2 GENERAL MANAGER GOVERNANCE

ITEM C2.1 MAYORAL AND COUNCILLOR ALLOWANCES REVIEW ITEM C2.2 2013/14 DRAFT BUDGET, PROPOSED RATES AND FEES AND CHARGES ITEM C2.3 ASSEMBLY OF COUNCILLORS

C3 GENERAL MANAGER DEVELOPMENT

ITEM C3.1 PLANNING DECISIONS ITEM C3.2 BUILDING PERMITS REPORT

C4 GENERAL MANAGER BUILT & NATURAL ENVIRONMENT

ITEM C4.1 DRAFT ROAD MANAGEMENT PLAN 2013 ITEM C4.2 PLACE NAMES COMMITTEE MINUTES ITEM C4.3 WELLINGTON BOATING FACILITIES STRATEGIC PLAN ITEM C4.4 LAND TRANSFER HERBERTE COURT, WURRUK ITEM C4.5 LIVESTOCK EXCHANGE FEASIBILITY

C5 GENERAL MANAGER LIVEABILITY

ITEM C5.1 GORDON STREET RECREATION RESERVE COMMITTEE OF MANAGEMENT MINUTES ITEM C5.2 GORDON STREET RECREATION RESERVE COMMITTEE OF MANAGEMENT – EXPENDITURE EXCEEDING DELEGATION ITEM C5.3 GORDON STREET RECREATION RESERVE COMMITTEE OF MANAGEMENT MEMBERSHIP ITEM C5.4 MAFFRA RECREATION RESERVE COMMITTEE OF MANAGEMENT MINUTES

D1 URGENT BUSINESS D2 FURTHER GALLERY AND CHAT ROOM COMMENTS E IN CLOSED SESSION

Agenda - Ordinary Council Meeting of 16 April 2013 3

Council Meeting Information

Members of the Public Gallery should note that the Council records and publishes Council meetings via Webcast to enhance the accessibility of Council meetings to the broader Wellington community. These recordings are also archived and may be published on Council's Website for viewing by the public or used for publicity or information purposes. At the appropriate times during the meeting, members of the gallery may address the Council at which time their image, comments or submissions will be recorded.

Members of the public who are not in attendance at the Council meeting but who wish to communicate with the Council via the webcasting chat room should lodge their questions or comments early in the meeting to ensure that their submissions can be dealt with at the end of the meeting.

Please could gallery visitors and Councillors ensure that mobile phones and other electronic devices are turned off or in silent mode for the duration of the meeting.

Agenda - Ordinary Council Meeting of 16 April 2013 4

A - PROCEDURAL

STATEMENT OF ACKNOWLEDGEMENT

“We acknowledge the traditional custodians of this land the Gunaikurnai people, and pay respects to their elders past and present”

PRAYER

“Almighty God, we ask your blessing upon the Wellington Shire Council, its Councillors, officers, staff and their families. We pray for your guidance in our decisions so that the true good of the Wellington Shire Council may result to the benefit of all residents and community groups.” Amen

Agenda - Ordinary Council Meeting of 16 April 2013 5

A - PROCEDURAL

A4 CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL MEETING/S

Agenda - Ordinary Council Meeting of 16 April 2013 6

ITEM A4 ADOPTION OF MINUTES OF PREVIOUS MEETING/S ACTION OFFICER: GENERAL MANAGER GOVERNANCE DATE: 16 APRIL 2013

OBJECTIVE

To adopt the minutes of the Ordinary Council Meeting of 2 April 2013 as tabled.

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

RECOMMENDATION

That Council adopt the minutes and resolutions of the Ordinary Council Meeting of 2 April 2013 tabled.

Agenda - Ordinary Council Meeting of 16 April 2013 7

A - PROCEDURAL

A5 BUSINESS ARISING FROM PREVIOUS MEETING/S

Agenda - Ordinary Council Meeting of 16 April 2013 8

ITEM A5 BUSINESS ARISING FROM PREVIOUS MEETING/S ACTION OFFICER CHIEF EXECUTIVE OFFICER DATE: 16 APRIL 2013

ITEM FROM COMMENTS ACTION BY MEETING ITEM C5.1 MUNICIPAL FIRE 19 March That the item lay on the table Emergency MANAGEMENT PLAN 2013 until signatures have been Management obtained from required (Fire) agencies. Coordinator

2 April 2013 Signatures have not been received.

Agenda - Ordinary Council Meeting of 16 April 2013 9

ITEM C5.1 MUNICIPAL FIRE MANAGEMENT PLAN DIVISION: LIVEABILITY ACTION OFFICER: EMERGENCY MANAGEMENT (FIRE) COORDINATOR DATE: 19 MARCH 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management     

OBJECTIVE

That Council endorse the Municipal Fire Management Planning Committee as a sub-committee of the Municipal Emergency Management Planning Committee.

That Council adopt the Wellington Municipal Fire Management Plan 2013 – 2016 as attached.

BACKGROUND

Council is required under the Emergency Management Act 1986 to prepare a Municipal Emergency Management Plan (MEMPlan). It is an overarching document that covers an “all hazards” approach to emergency planning. The MEMPlan outlines the general arrangements and responsibilities for emergency agencies within the municipality of Wellington.

The MEMPlan contains individual sub plans or action plans such as the Wellington Municipal Fire Management Plan 2013 – 2016. A sub-committee of the MEMPlan Committee is responsible for the development and maintenance of a current Wellington Municipal Fire Management Plan. Process requires this committee to be endorsed by Council. This process had not been completed and Council will be asked to endorse the Municipal Fire Management Planning Committee in addition to adopting the Wellington Municipal Fire Management Plan 2013 – 2016.

The Wellington Municipal Fire Management Plan 2013 – 2016:

Focuses on the preservation of life as a priority. Assigns responsibilities to related agencies to carry out fire planning, preparation, prevention, response and recovery functions as listed in Attachment B of the Wellington Municipal Fire Management Plan 2013 – 2016. Encourages the use of fire for ecological, as well as community safety outcomes across the landscape. The roadside fuel break network is currently undergoing a systematic strategic review. The review is scheduled for completion at the end of the 2012/13 financial year. Seeks out efficiencies, both physical and financial, through collaboratively planning for service delivery. Strives for best practice outcomes through continual improvement.

The draft Wellington Municipal Fire Management Plan 2013 – 2016 was presented to the community for comment in November/December 2012. A total of six submissions were received. All submissions were either partially or fully included in the final Wellington Municipal Fire Management Plan 2013 – 2016.

Agenda - Ordinary Council Meeting of 16 April 2013 10

The proposed adoption of the Wellington Municipal Fire Management Plan 2013 – 2016 by Council is a further step in the transition of fire management responsibilities from the Municipal Fire Prevention Committee to the Municipal Fire Management Planning Committee as part of the Integrated Fire Management Process.

OPTIONS

Council has the following options:

1. (a) To endorse the Municipal Fire Management Planning Committee as a sub-committee of the Municipal Emergency Management Planning Committee; or (b) Seek further information and present at a future Council meeting; and 2. (a) To adopt the Wellington Municipal Fire Management Plan 2013 – 2016; or (b) Seek further information at a future Council meeting.

PROPOSAL

It is proposed that:

1. Council endorse the Municipal Fire Management Planning Committee as a sub-committee of the Municipal Emergency Management and Planning Committee; and 2. Council adopt the Wellington Municipal Fire Management Plan 2013 – 2016.

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

FINANCIAL IMPACT

There is no direct financial impact on Council in regard to endorsement of this committee or adoption of the Wellington Municipal Fire Management Plan 2013 – 2016. Attachment B of the Wellington Municipal Fire Management Plan 2013 – 2016 individually lists the actions Council had previously committed to. Therefore, there should be no net financial impact exclusively as a result of this new plan.

LEGISLATIVE IMPACT

Section 20(1) of the Emergency Management Act 1986 states “a municipal council must prepare and maintain a municipal emergency management plan,” this plan is a sub-plan of the MEMPlan. Section 20(3) of the Emergency Management Act 1986 has governed the production of the Wellington Municipal Fire Management Plan 2013 – 2016, which complies with the legislative requirements set out in the Act and the Emergency Management Manual Victoria.

COMMUNITY IMPACT

Council has seen in recent events the impact that large scale emergencies have had on the community right across Wellington. The Wellington Municipal Fire Management Plan 2013 – 2016 demonstrates Council’s preparedness and arrangements to assist the community in planning, preparation, response and recovery from bushfire, structural and chemical fire events.

Agenda - Ordinary Council Meeting of 16 April 2013 11

CONSULTATION IMPACT

The Wellington Municipal Fire Management Plan 2013 – 2016 was adopted by the Municipal Emergency Management Planning Committee at its meeting on 28 February 2013 and the Municipal Fire Management Planning Sub-Committee on 6 March 2013. The Municipal Fire Management Planning Committee consists of representatives from Council, Police, CFA, DSE, VicRoads, State Emergency Service as well as other co-opted and industry representatives.

The draft Wellington Municipal Fire Management Plan 2013 – 2016 was presented to the community during November/December 2012 for consultation and comment as per the communications plan in Attachment D of the Wellington Municipal Fire Management Plan 2013 – 2016.

RISK MANAGEMENT

The Municipal Fire Management Planning Committee participates in the development and ongoing risk review of Wellington’s assets (human, economic, infrastructure, cultural and environment) through the Victorian Fire Risk Register - Bushfire. The results of the risk assessment assist the Municipal Fire Management Planning Committee and the community derive actions for each asset to reduce the risk (either bushfire, structural or chemical) to that asset. These actions are listed in Attachment B of the Wellington Municipal Fire Management Plan 2013 – 2016.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

______

RECOMMENDATION

That:

1. Council endorse the Municipal Fire Management Planning Committee as a sub- committee of the Municipal Emergency Management Planning Committee; and 2. Council adopt the Wellington Municipal Fire Management Plan 2013 – 2016 as attached.

COUNCILLOR CROSSLEY/COUNCILLOR McCUBBIN That the item lay on the table. CARRIED

Agenda - Ordinary Council Meeting of 16 April 2013 12

A - PROCEDURAL

A6 ACCEPTANCE OF LATE ITEMS

Agenda - Ordinary Council Meeting of 16 April 2013 13

A - PROCEDURAL

A7 NOTICE/S OF AMENDMENT OR RESCISSION

Agenda - Ordinary Council Meeting of 16 April 2013 14

A - PROCEDURAL

A8 NOTICE/S OF MOTION

Agenda - Ordinary Council Meeting of 16 April 2013 15

A - PROCEDURAL

A9 RECEIVING OF PETITIONS OR JOINT LETTERS

Agenda - Ordinary Council Meeting of 16 April 2013 16

ITEM A9(1) OUTSTANDING PETITIONS ACTION OFFICER GOVERNANCE DATE: 16 APRIL 2013

ITEM FROM COMMENTS ACTION BY MEETING ITEM A9(2) RECEIPT OF PETITION: 2 April 2012 That Council receive the Manager SPOTLIGHT TOILET FACILITIES attached petition Parks & requesting Council to Natural work with Spotlight to Environment have their existing toilet facilities upgraded and reopened to the general public.

16 April 2013 A report will be presented at the 7 May April 2013 Council meeting.

ITEM A9(3) RECEIPT OF PETITION: COAL 2 April 2013 That Council receive the Manager SEAM GAS EXPLORATION AND MINING IN attached petition opposing Economic THE WELLINGTON SHIRE Coal Seam Gas Development exploration and mining in the Wellington Shire.

16 April 2013 Refer to report listed below: Item 9(3)

Agenda - Ordinary Council Meeting of 16 April 2013 17

ITEM A9(2) RESPONSE TO PETITION - 10 MCGHEE STREET (LOT 1474, ASSESSMENT), SALE DIVISION: DEVELOPMENT ACTION OFFICER: MANAGER MUNICIPAL SERVICES DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management     

OBJECTIVE

To provide a report analysing the issues raised in a petition from McGhee Street, Sale residents and ratepayers requesting improvement of the property at 10 McGhee Street and to provide a response and recommendations for Council consideration.

BACKGROUND

The property at 10 McGhee Street, (Lot 1474, Assessment 7856), Sale is a detached dwelling on a large lot within a residential area of Sale. It fronts McGhee Street with a residential property on the other three boundaries. The house and lot is generally “unkempt” in that the house requires maintenance, there is a collection of disused materials on the property including vehicles, steel, various metal items, trailer, disused mobility scooters and general discarded household articles. The garden in the front of the house is partly overgrown, but the rear of the property is moderately overgrown and in the fire season becomes a hazard. The property is inconsistent with the amenity of the surrounding lots, which are well kept and maintained.

The property appears unoccupied and records indicate the owner may not have resided there for some twelve years. Over this period of time, Council Officers have attended the property on numerous occasions and implemented a range of actions including:

Working with the RSPCA to issue notices and have sheep removed. Issuing of numerous fire prevention notices and infringements Arranging contractor slashing of the yard Removal of feral cats Management of overhanging trees Written requests for the owner to undertake general cleanup activities.

The core issue with the property is that there is an absentee land owner, who doesn’t maintain the property to the same standard as other residents in the area, with an annual fire hazard occurring over the summer period.

Currently the property has had the fire hazard removed, but is still subject to enforcement action regarding a fire infringement notice for the 2012/13 fire season.

The property has been assessed by Council Officers with enforcement options under the Planning and Environment Act, Public Health and Wellbeing Act, Local Government Act, Building Act and Local Laws considered. A health nuisance has not been able to be substantiated and there is no breach under the planning or building legislation.

Agenda - Ordinary Council Meeting of 16 April 2013 18

Council could consider utilising Local Law No 4 - 2011 Environment however as no direct safely or pubic health issues have been identified, it may be difficult to enforce. Under this Local Law, the clauses most applicable are: a) S.5.1 “dangerous” – difficult to substantiate and not supported; b) S.5.2 “Unsightly” - difficult to support in court as viewed from McGhee Street although untidy is not considered unsightly; or c) S.5.3 “Storage of Machinery or Second Hand Goods on the Property” - difficult to be supported in court, as this non compliance is usually linked to some form of commercial activity on the property.

The management of complaints that refer to general amenity values but do not trigger specific legislation breaches and are not linked to direct safety and health risks are difficult to address. It relates to people in the community who do not conform to community standards and this issue is not unique to Wellington Shire Council. Reliance on enforcement action doesn’t necessarily result in the remedial outcomes expected and can be both costly and involve lengthy processes without any guarantee of a positive outcome. Reliance on perseverance and education with a view to compliance, although frustrating, tends to have a more positive outcome.

OPTIONS

Council has the following options:

1. Advise the head petitioner that Council Officers will contact the owner and on behalf of the community and seek to have him address the issues whilst continuing to implement enforcement action in relation to fire hazard notices, or 2. Write to the head petitioner informing her that Council will seek legal advice on the potential success of implementing Court action through the provisions of the Local Law whilst continuing to implement enforcement action in relation to fire hazard notices

PROPOSAL

That Council write to the head petitioner informing her that Council will seek legal advice on the potential success of implementing Court action through the provisions of the Local Law whilst continuing to implement enforcement action in relation to fire hazard notices

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

FINANCIAL IMPACT

Council will incur costs associated with the provision of legal advice and if this advice recommends enforcement action through the Courts, additional expenditure will be required. It is considered very unlikely that Council would be awarded any costs should the matter proceed to Court and Council was successful in the proceedings.

ENVIRONMENTAL IMPACT

Any improvement on the property will improve the amenity of the area.

Agenda - Ordinary Council Meeting of 16 April 2013 19

CONSULTATION IMPACT

Consultation has occurred with the main petitioner and their support person. No general stakeholder consultation has been undertaken with regard to this matter to date.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

______

RECOMMENDATION

Agenda - Ordinary Council Meeting of 16 April 2013 20

ITEM A9(3) RESPONSE TO PETITION – OPPOSED TO COAL SEAM GAS EXPLORATION AND MINING IN THE WELLINGTON SHIRE AND VICTORIA

DIVISION: DEVELOPMENT ACTION OFFICER: GENERAL MANAGER DEVELOPMENT DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management

OBJECTIVE

To note the petition presented to Council at its Ordinary Meeting of 2 April 2013 regarding Coal Seam Gas Exploration and Mining and to respond to the head petitioner.

BACKGROUND

The petitioners’ request that Council acknowledge their opposition to Coal Seam Gas exploration and mining in the Wellington Shire and Victoria.

Council continues to receive regular updates on the status of Coal Seam Gas and other Unconventional Gas Exploration in Wellington Shire. In addition to these updates, Council has also provided key stakeholders and interested members of the community the opportunity to present their position on this important matter. Council has also established an Onshore Gas Information Portal on Council’s website to ensure the community is kept informed of Council’s data and information gathering activities.

OPTIONS

Council has the following options:

1. To advise the head petitioner that their opposition to Coal Seam Gas exploration and mining in the Wellington Shire and Victoria has been noted; or 2. Request additional information to be presented at a future meeting.

PROPOSAL

That Council advise the head petitioner that their opposition to Coal Seam Gas exploration and mining in the Wellington Shire and Victoria has been noted and will be taken into account in any further deliberations on Coal Seam Gas exploration and mining.

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a conflict of interest.

Agenda - Ordinary Council Meeting of 16 April 2013 21

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

______

RECOMMENDATION

Agenda - Ordinary Council Meeting of 16 April 2013 22

ITEM A9(4) RECEIPT OF PETITION: PUBLIC TRANSPORT BETWEEN TRARALGON AND BAIRNSDALE DIVISION: LIVEABILITY ACTION OFFICER: MANAGER COMMUNITY WELLBEING DATE: 16 APRIL 2013

Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management 

OBJECTIVE

To present Council with a petition requesting more frequent public transport between Traralgon and Bairnsdale.

BACKGROUND

A petition containing 2,330 signatures has been received by Council.

A copy of the petition is attached for Council information.

LEGISLATIVE IMPACT

Section L6.59 of Wellington Shire Council Processes of Municipal Government (Meetings and Common Seal) Local Law No 1 provides for petitions and joint letters:

“A petition or joint letter presented to the Council must lay on the table for a period determined by the Council but not exceeding the next two Council Meetings. No motion, other than to receive the petition or joint letter may be accepted by the Chairperson, unless the Council unanimously agrees to deal with it earlier.”

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

RECOMMENDATION

That Council receive the attached petition requesting more frequent public transport between Traralgon and Bairnsdale.

Agenda - Ordinary Council Meeting of 16 April 2013 23

A - PROCEDURAL

A10 INVITED ADDRESSES OR PRESENTATIONS

Agenda - Ordinary Council Meeting of 16 April 2013 24

ITEM A11 GALLERY COMMENTS

DIVISION: CHIEF EXECUTIVE OFFICER ACTION OFFICER: CHIEF EXECUTIVE OFFICER DATE: 16 APRIL 2013

Agenda - Ordinary Council Meeting of 16 April 2013 25

A - PROCEDURAL

A12 QUESTIONS ON NOTICE

Agenda - Ordinary Council Meeting of 16 April 2013 26

ITEM A12(1) OUTSTANDING QUESTIONS ON NOTICE ACTION OFFICER CHIEF EXECUTIVE OFFICER DATE: 16 APRIL 2013

ITEM FROM COMMENTS ACTION BY MEETING

NIL

Agenda - Ordinary Council Meeting of 16 April 2013 27

A - PROCEDURAL

A13 MAYOR’S REPORT

Agenda - Ordinary Council Meeting of 16 April 2013 28

ITEM A 13 MAYOR’S REPORT OFFICER: COUNCILLOR SCOTT ROSSETTI DATE: 16 APRIL 2013

Yarram Recreation Reserve Funding We received confirmation that the Yarram Recreation Reserve Redevelopment project has been awarded a $250,000 grant through the State Government’s Putting Locals First Program, bringing the project total to $1.4m.

Deputy Premier and Minister for Regional and Rural Development, the Hon Peter Ryan MLA, joined me with a number of key user groups of the facility, to make the formal announcement of our grant application’s success.

Grants such as these mean a great deal to our regional communities. The Yarram Recreation Reserve is used by an extensive and varied number of groups and organisations; including the CFA, SES, local sporting clubs, Lions and Red Cross. There’s even an RV dump point on site.

It is the epitome of a multipurpose facility meaning that this redevelopment project benefits a sizeable proportion of the local community. It does indeed put locals first.

West Sale Airport Works Officially Open With the completion of the $3.334m works project at the West Sale Airport complete, it is now possible to refuel aircraft on site using our fuel infrastructure.

Enlargements to the eastern apron, taxiway construction, and rehabilitation of pavements and replacement of approach lighting systems all contribute to our provision of a facility which stands us in the very best position for attracting new aviation business to Wellington Shire.

With the AIR5428 tender process on the horizon, it’s an exciting time for all things aviation in Wellington and the greater Gippsland region.

Local Fundraising Events and Our Community Spirit I have had the pleasure to attend a number of local fundraising events in the past month which have between them raised over a staggering $600,000 for local charities, causes, facilities and fire recovery effort.

The spirit of generosity we see time and again across Wellington is humbling. Our community never fails to deliver. Congratulations to the organisers of Maffra Mardi Gras, the Heyfield Recovery Event, Gippsland’s Got Talent and Relay for Life, Sale.

Community spirit is reflected at all our community events, whether fundraisers or not. I have the privilege to attend a great number of events across Wellington, and at each and every one of them, I see the smiling faces of friends, neighbours and strangers sharing in the fun.

This year’s Tarra Festival is a shining example, the streets of Yarram filled with positivity. It’s a great thing to behold.

Close the Gap Day Close the Gap campaign seeks to improve Indigenous Health across Australia. We proudly stand alongside this initiative. This year’s event, which featured food, music, art and recreational pursuits, in the Sale Botanic Gardens highlighted the immense support the campaign has from the people of Wellington Shire.

Agenda - Ordinary Council Meeting of 16 April 2013 29

Thanks to BlazeAid Recovery efforts across Wellington after the Aberfeldy-Donnelly bushfires continue. We have been provided with wonderful support to assist our community members in their time of need. As time passes so too do recovery requirements and the types and level of support.

It is therefore time for the generous volunteers from BlazeAid to move on. They have done a tremendous job in recent weeks, contributing over 3000 volunteer days, clearing and replacing affected fence line.

I would like to extend my sincere thanks to Kevin, Angus and the BlazeAid volunteers. Their work helping our community has been tireless.

Agricultural Round Tables Our Agricultural Round Tables, held recently in Maffra and Yarram, provided valuable insight into the opportunities and barriers facing our farming community. As the second largest employer in Wellington, Council gaining a better understanding of agricultural issues is of vital importance. Based on the recommendations at our Round Tables, we are seeking further detailed information through a survey which will assist in the preparation of a White Paper to help Councillors and Council Staff better understand this key industry.

Tourism Awards The Annual Prime and People’s Choice Awards highlight a number of the wonderful tourism related business across Wellington. Once again, learning the names of all nominees, I was once again reminded of how many interesting and individual local businesses we are fortunate to benefit from. Well done to all nominees and congratulations to the winners.

COUNCILLOR SCOTT ROSSETTI MAYOR

RECOMMENDATION

That the Mayor’s report be noted.

Agenda - Ordinary Council Meeting of 16 April 2013 30

A - PROCEDURAL

A14 YOUTH COUNCIL REPORT

Agenda - Ordinary Council Meeting of 16 April 2013 31

ITEM A14: YOUTH COUNCIL REPORT

OFFICER: YOUTH MAYOR, JESSICA KEARNS

DATE: 16 APRIL 2013

Throughout 2012 witnessed the Youth Council grow and develop into its fourth year. The transition period extending throughout November/December of 2012 and saw the valuable knowledge and experiences of the past year’s Youth Councillors being passed down to the newly formed group for the 2013 term. With a total of nine new enthusiastic and passionate young people joining the team, it was clear from the beginning that the 2013 group would prove to carry on the values of the Wellington Shire Youth Council with pride.

The Youth Council attended a leadership camp in Munjarra at the beginning of December 2012, giving us the time to get to know each other, develop our annual Youth Action Plan for the upcoming year and establishing our values as a new collective. The camp was essentially an important aspect of the groups development. Although we are ultimately a group of young people sharing a passion for making a difference within the community, we are all individuals coming together to celebrate the diversity of the young people living in the Wellington Shire, and I strongly believe our group reflects that purpose.

During this Quarter we have paid particular attention to community involvement and consultation by carrying forward some of the actions from the 2012 Youth Action Plan and initiating some new projects and strategies that ensure we get out and amongst the community. In January 2013 we received training in the areas of governance, occupational health and safety and public speaking and conducted a workshop dedicated to the formation of our Action Plan. On 6 February 2013 we officially commenced our formal meetings for the year.

Since the Youth Mayor’s Report in November, Youth Council has been actively involved in the following:

White Ribbon Day 2012 Wellington Access and Inclusion Advisory Group Representation So Wot Youth Sexual Diversity Group Representation Community Emergency Management Meetings Emergency Recovery and MECC duties OH&S training Governance training Public speaking training Australia Day ceremonies Clean-up Australia Day Sale and Maffra Garden Parties International Women’s Day Breakfast ABC radio interviews ABC radio training Gippsland’s Got Talent Monday Tucker Relay For Life Community Grants Prioritisation Panel Wellington Youth Art Prize Woodside FReeZA movie night

Agenda - Ordinary Council Meeting of 16 April 2013 32

The group has grown so much and gained a lot of experience from their time as Youth Councillors so far, whether they are commencing their first year or going into their third-term as a part of this great initiative conducted under the Council body. Both personally and as a whole, this year will challenge us all, but we’re up for it. This year will be an amazing year that will continue to provide us will endless opportunities to grow as individuals and engage and forge the link between the Wellington Shire Council and the wider youth community.

We thank both the Wellington Shire Councillors and employees for their ongoing support, and we look forward to working with you all in 2013.

JESSICA KEARNS Youth Mayor

RECOMMENDATION

That Council receive the Youth Mayor’s quarterly report for the period ending March 2013.

Agenda - Ordinary Council Meeting of 16 April 2013 33

B –REPORT

DELEGATES

Agenda - Ordinary Council Meeting of 16 April 2013 34

ITEM B1 DELEGATE REPORT: SOUTH EAST AUSTRALIAN TRANSPORT STRATEGY – FEBRUARY 2013 MEETING

OFFICER: COUNCILLOR BOB WENGER

DATE: 16 APRIL 2013

MINUTES - SEATS REPORT – February 2013

As Wellington Shire’s delegate I attended the quarterly meeting of SEATS, which was held on 21 and 22 February 2013 at San Remo in Victoria.

The meeting was attended by about 30 delegates each day. SEATS members were welcomed by Cr Clare Le Serve, the Mayor of Bass Coast Shire Council who hosted the meeting. Cr Le Serve was first elected to the Shire in November 2012 so this was her first chance to attend a SEATS meeting. r Le Serve indicated that her Council believes that SEATS is an important part of their function and that membership of SEATS has been beneficial to their Shire. The Shire is very reliant on transport services and this will only grow as the Shire is the sixth fastest growing Shire in Victoria.

The Dinner speaker, Mr Fergus Cameron, Managing Director, Phillip Island Operations Pty Ltd gave a most interesting talk which will be the subject of an article in the March 2013 SEATS Newsletter. Bass Coast Shire Council has been a valued member of SEATS for many years. It is encouraging to learn that they are keen to continue and expand their role with SEATS

Cross Border Heavy Vehicle Study A Report prepared by GHD has been finalised and is currently available on the SEATS website. The Report makes recommendations regarding follow up on the issues which came out in the preparation of the Study and since the publication of the study some members of SEATS have made constructive comments about it. As a result of this it has been agreed that further work be undertaken to examine those matters. The Executive Officer has been requested to discuss this work with some SEATS members and then determine the direction of any further work.

The Study was undertaken to include identifying and proposing solutions for government, to eliminate irregularities in government policies and regulations, to allow vehicles to be manufactured, configured, and loaded in such a way as to be legal in all states. It also investigated and evaluated the adequacy of the local and regional road network within the SEATS region to service the harvesting of timber from public and private forests and the delivery of logs to places of production, processing, or ports. The Study will be used to develop a strategic policy to formulate consistent cross border policies and regulations.

The Executive also determined that a four page summary of the Report should be done to use when discussing the issues raised with elected representatives, election candidates and with officials from various government departments and agencies.

Beyond Nerriga Study Mr Steve Warrell, Beyond Nerriga Study Project Manager, reported that GHD has been engaged to undertake the Study. GHD have appointed a well-respected member of their staff to manage the project from their end. The Report is expected to be completed by October of this year. The Study is a long term priority project for SEATS and its purpose was well presented in SEATS NSW Election Policy requests at the last NSW State election.

Agenda - Ordinary Council Meeting of 16 April 2013 35

Crossing of this Illawarra escarpment south west of Nowra is only possible in a limited number of places, with the crossings having varying degrees of suitability for heavy vehicles. Shoalhaven City Council, the NSW RMS, with financial assistance from the Federal Government, will by 2011 have completed a crossing based on Main Road 92 from Nowra on the coast to Nerriga on the southern tablelands.

To complete this major network improvement to connect to the highway corridors beyond Nerriga is now required. This will allow for transportation of freight between the Illawarra and far South Coast areas of NSW to the Hume and Monaro Highways.

Federal Election Policy Document The Executive Officer has completed the document and it has been edited by a professional journalist. It is currently being prepared in SEATS usual format and will be available for publication by mid-March.

This document will be on the SEATS website www.seats.org.au in the next two weeks. Amongst the projects to be advocated are Princes Highway upgrades in both Victoria and NSW, Port of Hastings, Kings Highway, Gocup Road, the Gippsland Logistics Precinct, and the Maldon-Dombarton Rail link.

Strategic Network Document This document, which was substantially written by Kastan Consulting with assistance from the SEATS Executive Officer as well as some members of SEATS during the latter part of 2012, is now being edited and will soon be available on the SEATS website.

Last Mile Study The Executive determined that a proposal and quote to undertake a Study to provide a template to document issues relating to last mile bridge issues, asset condition, how critical the bridge is to industry and related matters should be undertaken. The data collected (which is available from individual councils but has yet to be collectively collated) will be analysed, provided to government and will be used to advocate for funding to address the issues raised.

NSW has a “Bridges to the Bush” program outlined in its Long Term Transport Master Plan which has allocated $145 million for bridges. Only one project in the SEATS region (in the Bombala Shire area) has been allocated funds. SEATS Executive Officer will receive a proposal and quotation for this study in the next few weeks and the Executive will then determine the matter including funding options for the project.

NSW Long Term Transport Master Plan Mr Colin McLean, Executive Officer of RDA Southern Inland, spoke to concerns about the Plan. He highlighted the lack of investment in rural areas, the lack of focus in regional transport improvements and the need for bodies such as the RDA’s, SEATS, the Department of Premier and Cabinet and the ACT Government to ensure that an Economic Development Plan is undertaken in the SEATS region.

Mr McLean thought that SEATS had much to offer in this because SEATS has developed a regionally based transport infrastructure needs program. He also indicated that SEATS clearly had a leading advocacy role to play with government at state and federal level which is paramount at this stage.

Victorian Rural Councils Summit In May 2013, the East Gippsland Shire Council will host the Victorian Rural Council Summit at Lakes Entrance. SEATS has been invited to give a presentation at the Summit which will have as its theme “The Rural Revolution – Challenging thinking on partnerships, planning and productivity”

Agenda - Ordinary Council Meeting of 16 April 2013 36

On behalf of SEATS, the Executive Officer will give a presentation on our partnership in promoting transport infrastructure projects to create employment opportunities for our community.

Visits to Victorian Councils The Executive decided that SEATS Deputy Chairman, Cr Jeanette Harding and Mr Ralf Kastan be asked to visit a couple of our member Councils in Victoria to explain SEATS aims and objectives thus encouraging membership of our organisation.

Snowy River Shire Council Snowy River Shire Council has asked SEATS includes support for the following transport infrastructure within that Shire.

Upgrading Barry Way, upgrading of Bobeyan Road and replacement of the Bolaro Bridge on Bobeyan Road.

The Executive decided to support this request and Snowy River Shire has been informed accordingly.

NRMA and Australia wide motoring organisations Federal election Campaign issues. SEATS member organisation NRMA has indicated that it is important for all road users to know that whilst revenue collected from motorists through the fuel tax goes up, funding for roads has fallen. Motoring organisations such as NRMA and RACV are joining forces to present a united front in the lead up to the Federal Election.

Last year motorists paid more than $15billion to the Federal Government through its fuel tax. Only $3billion was spent on roads. SEATS will be asking the major political parties how they plan to give us safer roads, better planning and funding for transport infrastructure. Like the NRMA, SEATS is a non-political organisation so it is important that we call on all political parties to “articulate what they will do to make our roads safer”. SEATS delegates decided that all members should be involved in ensuring our voice is heard. SEATS will therefore advise the NRMA that we support the motoring organisations in each state as they go about their election campaign.

SEATS Executive Cr Bob Wenger from Wellington Shire Council in Victoria and Bill Ellison from Palerang Council in NSW have been elected to the SEATS Executive. They will hold these positions until the Annual General Meeting in August 2013. Cr Wenger replaces former Cr John Duscher who was not re-elected to Bass Coast Shire Council last November and Bill Ellison replaces Warren Sharpe from Eurobodalla Shire Council.

Presentations All presentations are now on the SEATS website www.seats.org.au.

Port of Hastings Development Authority (PoHDA) Presentation was given by Mr Andrew Varga, Manager Strategy and Projects, who highlighted the main issues facing the Development Authority as it progresses the development of the Port.

He indicated that Port Melbourne will reach capacity in 2020; that Port of Hastings is a naturally deep water port and that it will be able to build the capacity to meet freight container operation in the next 10 to 15 years. He said that infrastructure needed includes a transport intermodal, connections to Dandenong, significant road infrastructure and related matters. He said that a Community Strategic Action Plan is being developed and that the Port will need extensive integration with road and rail.

Agenda - Ordinary Council Meeting of 16 April 2013 37

Mr Ken Beer from VicRoads gave an extremely interesting address on Gippsland Transport Investment. His talk, however, was much more than that in that he developed a theme around Investment Logic mapping which talked about problem definition, benefit definition, strategic response and solution definition. He developed a sixteen point plan which became the subject of some talk during networking opportunities amongst delegates to the meeting. It is intended to follow up on this presentation and to develop it further.

Ms Felicity Sist, Infrastructure Director and Peter Francis, Economic Development Manager from Bass Coast Shire Council gave a most informative presentation on the Shire. They gave an overview of the Shire which is growing rapidly with challenges, pressures and economic opportunity in the forefront of their work. They outlined the major industries within the Shire and surrounding areas which included construction (including the Desalination Plant), agriculture (dairy transport issues) and tourism with the challenges of holiday rental accommodation and the pressure that several holiday periods put on infrastructure.

Felicity Sist outlined many issues relating to the construction of the Desalination Plant and particularly highlighted the pressure on local road infrastructure.

Delegates Reports Mr Matthew Christensen (Tumut Shire Council) indicated that Gocup Road has been included in the NSW Long Term Transport Master Plan and that application under the RDA Fund is now being made to support the Gocup Road project.

Mr Greg Pullen (Shoalhaven City Council) indicated the considerable effect on the road system created as a result of the six week rail closure with Manildra having to put a large number of trucks daily on to the road system as a result. The additional cost to companies as a result of the rail closure was high. He also indicated that the Berry Bypass is still a high priority matter.

Mr Steve Warrell (Steve Warrell Consulting and MR 92 Project Manager) indicated that a Gocup Road Corridor Strategy is currently being developed and that a significant project on the Barton Highway is now completed.

Mr Colin McLean (RDASI) indicated that RDASI, RDA FSC, RDA ACT are keen to work with SEATS to develop a partnership and he indicated that a Greater Capital Region Economic Development Strategy is to be done. He mentioned the Regional Forum to be held mid-March to which the SEATS Executive Officer has been invited. He spoke about the NBN roll out in our region with funding for operator telework centres leading to a region of smart work centres which leads to less worker travel.

Mr Ken Prendergast (RDASI Chairman) reported that the Cooma and Jindabyne areas have many of the same problems outlined by Felicity Sist and Peter Francis in their presentation on Bass Coast issues.

Cr Graeme Middlemiss (Latrobe City Council) reported on the latest meeting of the Alliance of Councils for Rail Freight Development which has over half the councils in regional Victoria as members, including East Gippsland Shire Council, Wellington Shire Council and Latrobe City Council who are all members of SEATS. The Gippsland members of the Alliance have agreed to refine that organisations “priorities” for Gippsland and hopefully align them with those of SEATS. One of the key issues is the Gippsland rail connection to the proposed Port of Hastings development.

Agenda - Ordinary Council Meeting of 16 April 2013 38

A press conference by the Victorian Transport Minister was also reported. The Dandenong- Melbourne rail triplification (a SEATS priority project) is apparently back on the agenda. Re- opening of the South Gippsland Rail Line in conjunction with the opening of Melbourne’s third airport, sometime after 2050, was also mentioned. The Minister again reiterated that there was no intention to terminate Gippsland passenger trains at Pakenham, forcing travellers to transfer to the suburban system. Some assistance to those preparing the case for a Bairnsdale-Eden rail line was offered.

Mr Gordon Charles (East Gippsland Shire Council) indicated that the fires near Harrietville are indirectly impacting on Council and its bridges road network and relief services.

Mr Mark Williams (Sanmar Consulting) commented on some rail issues with the largest problem being obtaining commitment from operators who are looking for considerable financial inputs to provide a service controlled by limited operators. He also provided the Executive Officer with considered constructive input into the Cross Border Heavy Vehicle Freight Study which will assist in the additional work to be undertaken.

Cr Marianne Pelz (East Gippsland Shire Council) said that the fires were creating problems for Alpine Schools and resorts as well as the community generally. Roads need fire affected trees to be removed urgently.

Ms Jodie O’Kane (Latrobe City Council) indicated that infrastructure has been affected by floods and thanked the Government for Natural Disaster funding.

Mr Geoff Hill (Latrobe City Council) indicated that Gippsland Logistic Precinct plan has been released with companies asked to put in a proposal for consideration. This is a SEATS Priority project.

Cr Martin Hughes (Cooma-Monaro Shire Council) talked about BlazeAid which is giving wonderful support to the community in his area and indicated that the passing lane on the Monaro Highway south of Canberra towards Cooma has now been completed. He sought support from the RDASI to ensure that public transport issues are identified within the NSW Long Term Transport Master Plan.

Mr Ken Beer (VicRoads) indicated that VicRoads are working quickly to reopen fire affected roads but indicated that safety is the greatest priority. Currently freight is being escorted.

Cr Bob Wenger (Wellington Shire Council) said that fire is impacting on infrastructure with traffic being diverted. He said that Cox’s Bridge opening is much welcomed and that the Sale Bypass is coming onto the Agenda.

Mr Ken Fraser (South Gippsland Shire Council) talked about some significant truck rollovers in the area recently with VicRoads giving great support and he spoke about the reopening of the Tura Dairy Factory which will create an additional freight task.

Cr Mohan Davies (South Gippsland Shire Council) talked about some major issues in the Shire and requested that road maintenance be proactive rather than reactive. She also highlighted some traffic issues at Korrumburra and Black Spur.

Mr Peter Francis (Bass Coast Shire Council) indicated that the NBN rollout will assist his Shire and he talked about the development of a 3D printing industry and the effects that will have on transport.

Ms Felicity Sist (Bass Coast Shire Council) said that sand extraction DA’s are leading to some serious community issues.

Agenda - Ordinary Council Meeting of 16 April 2013 39

Next Meeting The next meeting of SEATS will be held on 16 and 17 May 2013 at Batemans Bay hosted by Eurobodalla Shire Council. It is hoped that the NSW Minister for Roads, Duncan Gay, will be the Guest Speaker at that meeting. More details will be forthcoming in the next few weeks.

Meeting Venues for 2013 MAY: 16 and 17 May 2013 hosted by Eurobodalla Shire Council at Batehaven, New South Wales. AUGUST: 15 and 16 August 2013 hosted by Latrobe City Council at Traralgon, Victoria NOVEMBER: 7 and 8 November 2013 Hosted by Queanbeyan City Council at Queanbeyan, New South Wales (please note this date which is different from usual practice)

SEATS REPORT dated 26 February 2013 Attachments: RMS Report February 2013 VicRoads Report February 2013

ROADS AND MARITIME SERVICES REPORT FOR SEATS MEETING – FEBRUARY 2013 PICTON ROAD The $43.0 million program of safety improvements for Picton Road is continuing. A detailed community update identifying the works completed to date can be found by accessing http://www.rta.nsw.gov.au/roadprojects/projects/south_eastern_region/picton/project_list.htmlwork

The 2012/13 State Budget has allocated $11.6 million for the ongoing safety.

critical project of the Picton Road safety program. The section of Picton Road starting from Mount Keira Road moving west for 3.5 kilometres has seen a significant number of crashes concentrated around two large curves.

Kings Highway Road Safety Review The NSW Government has called for a King Highway road safety review. As part of this review, the Centre for Road Safety (CRS) and Roads and Maritime Services (RMS) has held two workshops and are calling for community comment.

Submissions for the Kings Highway Road Safety Review closed on Wednesday 16 May 2012.

Submissions from the community during this period have been compiled. The CRS and RMS will use the information provided by the community to assist in forming the direction for the Kings Highway Road Safety Review.

A draft safety review report was submitted to the NSW Government in August 2012.

PRINCES HWY GERRINGONG UPGRADE – MOUNT PLEASANT TO TOOLIJOOA ROAD Mount Pleasant and Toolijooa Road. This work is funded by the NSW Government. The $310 million upgrade will provide 7.5 kilometres of upgraded highway and include two new interchanges at Gerringong and Gerroa.

Fulton Hogan has been contracted to design and construct the Gerringong upgrade. Detailed design started in January 2012 and construction is expected to start in the second half of 2012, with completion expected in the first half of 2015, weather permitting. A sod turning ceremony took place on July 2012. The 2012/13 State Budget allocated $90 million to the project and construction continues. http:/www.rta.nsw.gov.au/constructionmaintenance/majorconstructionprojectsregion al/southcoast/princeshwy/gerringong.html

Agenda - Ordinary Council Meeting of 16 April 2013 40

PRINCES HIGHWAY, FOXGROUND AND BERRY BYPASS – TOOLIJOOA ROAD TO SCHOFIELDS LANE On 25 June 2012 the Minister for Roads announced that the northern Bypass of Berry would proceed to environmental assessment.

In September 2012 RMS lodged the environmental assessment with the Department of Planning and Infrastructure. This was exhibited in late 2012 with over 216 submisisons received. RMS is currently considering these submissions. The 2012/13 State Budget has allocated $9 million to the project. http:/www.rta.nsw.gov.au/constructionmaintenance/majorconstructionprojectsregion al/southcoast/princeshwy/gerringong.html

PRINCES HIGHWAY, BERRY TO BOMADERRY Planning for this proposal continues with the Roads and Maritime Services working to finalise a concept design for this project.

The 2012/13 State Budget has allocated $1 million for ongoing planning for the project. http:/www.rta.nsw.gov.au/constructionmaintenance/majorconstructionprojectsregion al/southcoast/princeshwy/gerringong.html

PRINCES HWY KINGHORNE ST TO FOREST RD, SOUTH NOWRA The NSW Government is funding the $62 million upgrade of the Princes Highway between Kinghorne Street and Forest Road at South Nowra. The upgrade involves upgrading 6.3 kilometres of the Princes Highway to four lanes that will improve traffic flow and efficiency through this section of Nowra.

Engineering is contracted to construct the upgrade.

vicinity of the site. Work to upgrade the Princes Highway at South Nowra was suspended in November 2011 as a result of finding endangered Green and Golden bell frogs within 200 metres of the project.

RMS has worked to mitigate the impacts of the project on the endangered frogs and has now received approval from the Australian Government's Department of Sustainability, Environment, Water, Population and Communities (DoSEWPaC) to recommence construction on the Princes Highway upgrade and road construction work has recommenced. The 2012/13 State Budget has allocated $28 million for ongoing construction which is continuing. http://www.rta.nsw.gov.au/constructionmaintenance/majorconstructionprojectsregion al/southcoast/princeshwy/princes_south_nowra.html

PRINCES HWY VICTORIA CREEK Open to traffic on 16 January 2013 http://www.rta.nsw.gov.au/constructionmaintenance/majorconstructionprojectsregion al/southcoast/princeshwy/victoria_creek.html

Agenda - Ordinary Council Meeting of 16 April 2013 41

PRINCES HWY DIGNAMS CREEK December 2010 and consulted directly with affected land owners and local councils. A s part of the planning process, RMS is now reviewing the proposed road corridor and is investigating an alignment to the west of the existing Dignams Creek Bridge. This is a result of community concerns and the need to go forward with a design that gives better value for money.

Planning for this project continues with the Roads and Maritime Services displaying an updated concept design in late 2012. The 2012/13 State Budget allocated $1 million to the project. http://www.rta.nsw.gov.au/constructionmaintenance/downloads/southcoast/princes_hway_dignams _ck.pdf

PRINCES HIGHWAY, TERMEIL CREEK The Roads and Maritime Services have announced the preferred corridor for the proposed realignment of the Princes Highway at Termeil Creek. This corridor was on display for comment from December 2010 until February 2011.

The Roads and Maritime Services placed a Review of Environmental Factors (REF) on public display for comment from Monday 28 November 2011 until Friday 16 December 2011. The REF was determined on 30 October 2012. ate Budget allocated $1 million to the project. http://www.rta.nsw.gov.au/roadprojects/projects/princes_hway/termeil_creek/index.htm

PRINCES HWY BEGA BYPASS The Australian Government is funding construction of the $60 million bypass of Bega on the Princes Highway. The bypass is approximately 3.5 kilometres long and uses an existing road corridor to the west of Bega. The project is fully federally funded with $17,750 million allocated in the 2012/13 state budget. http://www.rta.nsw.gov.au/constructionmaintenance/downloads/southcoast/bega_b_subs_report_d ec10.pdf

HEAVY VEHICLE REST AREAS The NSW and Australian governments are joint funding $8.7 million to construct five new heavy vehicle rest areas on the Princes Highway between Sussex Inlet and the Victorian border. This will ensure compliance with the National Transport Commission (NTC) fatigue management guidelines and improve stopping opportunities for the heavy vehicle operators.

will be constructed on the Princes Highway, three southbound and two northbound.

Southbound rest areas: Jerrawangala, 2 kilometres south of Sussex Inlet Road – completed.

Waldrons Swamp, 7 kilometres north of Moruya – Construction expected to commence February 2013.

Near Christopher's Road, 32 kilometres north of Bega - 12 month moratorium in place.

Northbound rest areas: Near Dummetts Lane, 28 kilometres north of Bega – completed. Near Broulee Road, 7 kilometres south of Mogo -.completed. http://www.rta.nsw.gov.au/roadprojects/projects/princes_hway/hv_rest_area/index.html

Agenda - Ordinary Council Meeting of 16 April 2013 42

Nowra Bridge The 2012/13 NSW State Budget has allocated $1 million for a study to find the possible location for a replacement of the southbound Shoalhaven River Bridge.

Work continues on selecting a preferred tenderer for preliminary work.

Yallah to Oak Flats (Albion Park Bypass) In the 2012/13 State budget, $100,000 has been committed to commence planning for a possible future upgrade of the Princes Highway between Yallah and Oak Flats. http://www.rta.nsw.gov.au/roadprojects/projects/princes_hway/yallah_oak_flats.html

Burrill Lake Bridge Roads and Maritime Services (RMS) is investigating options for the future of the bridge over Burrill Lake on the Princes Highway south of Ulladulla. Investigations are at an early stage and include geotechnical investigations as well as a preliminary environmental investigation. http://www.rta.nsw.gov.au/roadprojects/projects/princes_hway/burill_lake/index.html

VicRoads Information Bulletin - February 2013 Princes Highway Duplication - Traralgon to Sale The duplication of the Princes Highway between Traralgon and Sale is a joint Federal Government ($140m) State Government ($35m) project under the Nation Building Program (2009-2014). The project is expected to duplicate approximately half of the 43km of undivided length of the highway between Traralgon and Sale. In February 2011 the Federal funding was re-profiled to extend the current funding and completion of anticipated works out to the 2015-2016 financial year to assist with flood recovery in Victoria and Queensland. Work to date on the project has included:

 Intersection upgrades and construction of a raised median at Traralgon East - completed December 2010  Duplication and intersection improvements through Wurruk and across Sale Causeway - construction commenced in January 2011 and is due for completion in April 2013  Finalisation of an Environment Effects Statement (EES) for the proposed duplication between Traralgon East and Kilmany (west of Sale). The pedestrian bridge over Thomson River was completed in June just prior to the existing bridge being damaged by floods. The bridge was named Pearsons Crossing in August 2012. BMD switched traffic on the new causeway carriageway on 28 November and work is progressing on the demolition works of the existing bridge barrier rails and bridge strengthening works. An upgrade of the Princes Highway / Reeve Street intersection in Sale with traffic signals has been approved by the Federal Department of Infrastructure and Transport and works will commence later this month. The Minister for Planning released his EES Assessment of the proposed highway duplication between Traralgon East and Kilmany on 18 September 2012 following exhibition of the EES and Inquiry in April. The EES response and PSA was approved by the Minister for Transport on 19 December 2012 and submitted to the Minister for Planning on 2 January 2013. The Proposed approval decision notice for the EPBC Controlled Action was received on 21 December 2012. Construction contracts for the next stage of works under the current Nation Building program are expected to be awarded from early 2013 with completion by mid 2016. The first contract between Stammers Road and Minniedale Road is currently out to tender and closes on 23 January 2013. The State Government has submitted an application to the Australian Government for consideration of funding in next Nation Building Program commencing in 2014-15 for the completion of the Princes Highway duplication between Traralgon and Sale.

Agenda - Ordinary Council Meeting of 16 April 2013 43

Bass Highway Duplication Stage 7 – Woolmer Road to Phillip Island Road The Woolmer Road to Phillip Island Road section, ($39.8m) will provide a new 3km link road between the Bass Highway and a location approximately 2.5km along Phillip Island Road. This proposal will greatly improve traffic flows to and from Phillip Island and reduce the amount of traffic currently using the Anderson roundabout by 60%. The design and construct contract was awarded on 28 October 2010 and works commenced on the ground in late January 2011. Significant earthworks have been undertaken on the main cuts in the vicinity of Phillip Island Road and pavement work have commenced on the duplicated section between Woolmer Road and Coast Road. Progress on the construction of the project has been hampered by adverse weather and very wet conditions over the last construction season (11/12) and the Region has been informing the community that completion of the project is now expected in mid 2013 and not early 2013 as previously advised. Traffic was switched onto the new southbound carriageway on early December 2012 to allow for the reconstruction of the existing northbound carriageway. Traffic was also switched onto the new Phillip Island Road deviation to enable the Contractor to complete the earthworks for the project.

South Gippsland Highway – Sale to Longford (Cox’s Bridge) The project ($56.9m) is located between the Thomson River and Sale Common which is a RAMSAR wetland site. All approvals for the project have been received. The contract for the project has been awarded and site works commenced on the ground in November 2010. The first stage was opened by the Victorian Deputy Premier, Peter Ryan, on 26 October 2012. A major flood on 6 June 2012 delayed completion of the beam lifts on the Floodway Bridge and caused significant damage to pavements. The last twelve beams have been placed on the Floodway Bridge in mid July completing a total of 277 beams for the whole project. Welding of steel bridge barrier railing is ongoing. Repairs to the damaged pavement will commence after winter in anticipation of switching traffic to the new road early in 2013. The 660 metre floodway structure was officially named Graingers Bridge on 2 December 2012. The second and final stage of the project opened to traffic on 5 December 2012.

Princes Highway East Road Safety Project Longwarry to Traralgon: This roadside hazard removal and protection project is being completed in January. These works included significant tree removal and safety barrier installation along this 80km stretch of Freeway/highway. Stratford to Bairnsdale: Works on the first stage (civil works) of the project finished mid 2012. The Electronic Message Signs have recently been installed as part of the second stage and are expected to be fully operational by late February 2013. Bairnsdale township: Traffic signals upgrades with retrofitting with LED globes completed mid 2012. Civil Works including intersection and pedestrian improvements are currently underway and likely to be completed by mid 2013. East of Orbost: The ‘mass curve treatments’ between Orbost and Cann River were completed late 2012 with similar works between Cann River and the NSW border currently being developed for consideration of funding.

Hyland Highway Overtaking Lane The Coalition Government made an election commitment to construct an overtaking lane on the Hyland Highway which runs between Traralgon and Yarram. VicRoads is currently undertaking planning for the project. Consultation with key stakeholders including Wellington Shire Council, freight industry representatives and local community groups was carried out as part of the location selection process. A location between Lays Road and Campbells Road was agreed. Planning Scheme Amendment for the project has been exhibited and there were no objections. Approval for the Amendment is currently being sought from the Minister of Planning. Construction is now anticipated to be undertaken and completed over the 2013/14 construction season.

Agenda - Ordinary Council Meeting of 16 April 2013 44

Strzelecki Highway Overtaking Lane The Planning Scheme Amendment (C61) to the South Gippsland Planning Scheme for the Strzelecki Highway Northbound Overtaking Lane between Stubbers Lane and Cropley Road was gazetted on 11 October 2012. Land acquisition and detail design have commenced. Advertising of a construction contract is scheduled for March 2013 to enable construction to be completed over the 2013/14 construction season.

Leongatha Alternate Truck Route On 14 December 2011 the Coalition Government announced a $270,000 planning study for an alternate heavy vehicle route for Leongatha. The preferred route which is supported by South Gippsland Shire and most of the community is along Hughes and Long Streets. The preferred route will require major intersection works at the connections to the South Gippsland Highway and the intersection with the Strzelecki Highway. VicRoads commenced the planning in March 2012 to primarily look at intersection treatments and whether land needs to be reserved to implement these treatments. Public consultation commenced in December 2012.

Koo Wee Rup Bypass Project VicRoads has completed a planning study to identify the preferred option for the development of Healesville-Koo Wee Rup Road between the Pakenham Bypass and the South Gippsland Highway, including a bypass of Koo Wee Rup. VicRoads preferred alignment for the Koo Wee Rup Bypass. The State Government has committed $66 million in funding for the construction of a bypass of Koo Wee Rup. The bypass is the first stage in the upgrading of the Healesville-Koo Wee Rup Road route between the Pakenham bypass and the South Gippsland highway. The new 3.4km length bypass to the west of the Koo Wee Rup township will include:

 A single lane in each direction between Healesville-Koo Wee Rup Road at Manks Road and the South Gippsland Highway.  A new 280m bridge across the Bunyip River drains.  A new roundabout on the South Gippsland Highway and on Rossiter Road.  New upgrade intersection at Manks Road and connection into Koo Wee Rup. In order for construction works to commence, the necessary land needs to be acquired, which first requires the land to be reserved in the Cardinia Planning Scheme. An advisory committee process has been held to consider the planning scheme amendment proposed and to obtain environmental approvals under both the Commonwealth and State legislation for the bypass of Koo Wee Rup.

A public exhibition of documents, including a detailed assessment of the potential impacts on threatened fauna species, has been held and resulted in 14 submissions being received. The Advisory Committee hearing to consider the submissions and other relevant issues was held in the week commencing 17 September 2012. VicRoads expects that the planning process will be finalised in early 2013, which will allow the land acquisition process for the bypass to commence. Tendering for the bypass construction is proposed to commence in February 2013 to allow a contract to be awarded in mid 2013. Construction works are expected to commence by the end of 2013 and will to take over two years with completion in late 2015.

DEPARTMENT OF TRANSPORT Phillip Island Integrated Transport Study Under the Transport Investing in Regions Program a contribution of $40,000 was made towards an integrated transport study for Phillip Island and the surrounding area, to be undertaken by Bass Coast Shire Council. The study will provide an important framework for subsequent detailed traffic and transport modelling and possible infrastructure and system improvements. Council are expected to complete the study in mid-2013.

Agenda - Ordinary Council Meeting of 16 April 2013 45

The Gippsland Freight Strategy DOT has been working with the Gippsland Local Government Network (GLGN) to complete the strategy. The document will be “owned” by the GLGN and used to inform both State and Federal Governments with regard to priority projects. DOT has completed consultation with Councils and other key stakeholders. The GLGN is reviewing the document and will consider in early 2013 for endorsement. The Strategy will inform the Victorian Freight and Logistics Plan (see below).

The Victorian Freight and Logistics Plan (VFLP) The Department of Transport is responsible for preparing the Plan which is expected to be completed by early 2013.

An evidence based plan to support the growth and development of Victoria's economy through effective management of the growing freight task. The plan will examine long term freight forecasts for the State up to 2050 and will use these forecasts to create and model a wide range of freight network scenarios that can inform decision making for future projects and initiatives.

Warragul Station Precinct The Warragul Station Precinct project will involve the construction of a new road underpass under the Gippsland Railway to connect Queen Street to Alfred Street in Warragul, and construction of a new car park and bus interchange for station users on the south side of Warragul Station. Funding of $12 million for the underpass was allocated in the 2011/12 State Budget and in the 2012/13 Budget funding of $10.69 was allocated to deliver the car park and bus interchange. The new road underpass is proposed to be located to the east of the Warragul Station and will incorporate one traffic lane in each direction with traffic signals on Queen Street. A left turn lane will be provided at the Alfred Street/Howitt Street intersection to facilitate the movement of trucks accessing the Princes Freeway. The car park and bus interchange will provide 200 additional car parking spaces and bus interchange south of the station with pedestrian access via a ramp and footbridge to the station, signalization of the Alfred Street/Howitt Street intersection and upgrading of the western kiss and ride car park to DDA requirements. Work is expected to be completed in late 2014.

Victorian Cycling Strategy: Cycling into the Future 2013-23 In early December 2012 the State Government’s new cycling strategy Cycling into the Future 2013-23, which sets out a 10-year plan to grow and support cycling and build a more bike-friendly state, was released. The strategy aims to make it easier for people to get out on their bikes for the first time and safer for people who already ride, both for transport and for recreation. A key objective of the strategy is to improve State Government planning by coordinating, prioritising and delivering better connected cycling infrastructure and programs. Cycling into the Future 2013-23 identifies six directions that will build our understanding of cycling and the types of trips that Victorians take by bike. It takes a holistic approach to cycling by considering the needs of all bike riders, and covers cycling infrastructure and programs across all Victoria. The strategy provides an overarching 10 year framework, supported by periodic action plans.

The Victorian Cycling Action Plan 2013 & 2014 is the first of a series of action plans in support of the strategy. Cycling into the Future 2013-23 and the Victorian Cycling Action Plan 2013 & 2014 can be found on the Department of Transport website via http://www.transport.vic.gov.au/projects/cycling/cycling-strategy

RECOMMENDATION

That the delegates report be noted.

Agenda - Ordinary Council Meeting of 16 April 2013 46

C1 - REPORT

CHIEF EXECUTIVE OFFICER

Agenda - Ordinary Council Meeting of 16 April 2013 47

ITEM C1.1 CHIEF EXECUTIVE OFFICER’S ACTIVITIES REPORT OFFICER: CHIEF EXECUTIVE OFFICER DATE: 16 APRIL 2013

20 – 21 March Attended 3rd National Sustainable Food Summit

22 March Meeting with Destination Gippsland Board of Directors

25 March Meeting with Philip Davis MP Meeting with Terry Robinson, CEO Destination Gippsland Attended People’s Choice Awards 2013

26 March Attended Sale Elderly Citizens Village Board Meeting

27 March Meeting with Darren Chester MP Attended Air Force Week Reception

28 March Attended West Sale Airport Infrastructure Project Official Opening

3 April Meeting with Danny McDonald, Gippsland Regional Plan Executive Officer

5 April Attended 14th Sale Touch Knockout Civic Reception

6 April Attended Yarram Recreation Reserve Funding Announcement

11 April Attended Wellington Shire Council/East Gippsland Shire Council Joint Meeting

RECOMMENDATION

That the Chief Executive Officer’s Activities Report be received.

Agenda - Ordinary Council Meeting of 16 April 2013 48

ITEM C1.2 DRAFT COUNCIL PLAN 2013-17 DIVISION: CEO’S OFFICE ACTION OFFICER: MANAGER BUSINESS IMPROVEMENT DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management

      

OBJECTIVE

The objective of this report is for Council to agree in principle to the draft Council Plan 2013-17 and to seek public submissions in accordance with Section 223 of the Local Government Act 1989.

BACKGROUND

In accordance with Section 125 of the Local Government Act 1989, every Council must prepare and approve a Council Plan within the period of six months after each general election or by the next 30 June, whichever is the later. The Council Plan must include the following:

The strategic objectives of Council Strategies for achieving the objectives for at least the next four years Strategic indicators for monitoring the achievement of the objectives A Strategic Resource Plan Any other matters as prescribed by regulation

Following numerous workshops Council has prepared a draft Council Plan 2013-17 for the next four year period.

A copy of the draft Council Plan 2013-17 is attached for Council’s consideration.

OPTIONS

Council has the following options:

1. Seek submissions on the attached draft Council Plan 2013-17; or 2. Request further changes to the draft Council Plan 2013-17 and consider releasing for public comment at a future meeting of Council.

PROPOSAL

That: 1. In accordance with the requirements of Section 223 of the Local Government Act 1989 Council publicly advertise for submissions on the attached draft Council Plan 2013-17; and 2. In accordance with Section 223 of the Local Government Act 1989 Council consider any submissions received in relation to the draft Council Plan 2013-17 at the Council meeting to be held on 21 May 2013 at 6pm, and 3. Council meet on Tuesday 4 June 2013 at 1pm to consider the formal adoption of the Council Plan 2013-17.

Agenda - Ordinary Council Meeting of 16 April 2013 49

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

FINANCIAL IMPACT

The draft Council Plan 2013-17 incorporates a summary of budget provisions in its Strategic Resource Plan section.

The strategies incorporated in the draft Council Plan 2013-17 will have varying degrees of financial impact over the short and longer term. Fullest understanding of the draft Council Plan 2013-17 will be gained by reading it in conjunction with the Council’s Budget, currently being finalised for the 2013/14 financial year.

COMMUNICATION IMPACT

The draft Council Plan 2013-17 communicates Council’s strategic direction to the community. The Council Plan can also be used by Council to communicate its vision and direction to other tiers of government, organisations, government agencies and funding bodies.

LEGISLATIVE IMPACT

Council may make adjustments to its Council Plan following the seeking of submissions under section 223 of the Local Government Act 1989.

The Council will comply with the requirements of the Local Government Act 1989 by adopting a Council Plan.

COUNCIL POLICY IMPACT

The draft Council Plan 2013-17 has been prepared generally in the context of existing Council policies, but may lead to their revision or the development of new policies as a result of implementation of the initiatives contained in it.

RESOURCES AND STAFF IMPACT

The strategies contained within the draft Council Plan 2013-17 will generally be implemented within the existing resources of the Council.

The Strategic Resource Plan component of this draft Council Plan 2013-17 outlines the financial and staff resources provided for its implementation.

COMMUNITY IMPACT

The attached draft Council Plan 2013 -17 has been prepared in conjunction with the Wellington 2030 Vision. It is intended to set out for the community the objectives, initiatives and strategies that the Council considers are needed to implement its Vision on behalf of the community over the next four years.

Agenda - Ordinary Council Meeting of 16 April 2013 50

CONSULTATION IMPACT

In accordance with Section 125(9) of the Local Government Act 1989, Council will place the draft Council Plan 2013-17 in the public domain for comment. Advertisements will be placed in local newspapers to seek community submissions on the draft Council Plan 2013-17 and copies will be available for inspection at all Council Customer Service Centres, libraries and on Council’s website.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

RECOMMENDATION

Agenda - Ordinary Council Meeting of 16 April 2013 51

C2 - REPORT

GENERAL MANAGER GOVERNANCE

Agenda - Ordinary Council Meeting of 16 April 2013 52

ITEM C2.1 MAYORAL AND COUNCILLOR ALLOWANCES REVIEW DIVISION: GOVERNANCE ACTION OFFICER: GENERAL MANAGER GOVERNANCE DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management    

OBJECTIVES

For Council to resolve to advertise the review of the Mayoral and Councillor allowances in accordance with Section 74(1) of the Local Government Act 1989 and seek public submissions in accordance with Section 223 of the Local Government Act 1989.

BACKGROUND

Section 74(1) of the Local Government Act 1989 (the Act) requires Council to review and determine the level of Councillor and Mayoral allowances within a period of six months after a general election or by the next 30 June, whichever is the later. The review must also include public consultations and the opportunity for submissions in accordance with Section 223 of the Act. At the Special Council meeting on 30 October 2012, Council set both the Mayoral and Councillor allowances in accordance with the adjusted allowances as gazetted and applicable from 27 October 2012, until such time as a review in accordance with Section 74(1) of the Act had been undertaken.

The current allowances set by Council are in accordance with the Category 2 Council allowances as gazetted in October 2012. There will be a change to the total value of both the Mayoral and Councillor allowances from 1 July 2013 as a result of the superannuation guarantee percentage increase from 9% to 9.25% on that date. It is proposed that the current level of Mayoral and Councillor allowance, being Category 2 allowances plus the relevant equivalent percentage for the superannuation guarantee, remain for the term of the current Council, that is until the 2016 election day.

Each year the Minister for Local Government reviews the limits and ranges for the current Mayoral and Councillor allowances and determines if the allowances should be increased. Any changes are then published in the Victorian Government Gazette and take effect from the stated date. Any change to the allowances will then be automatically adjusted for Wellington Shire Councillors in accordance with that notice. The following are the proposed Mayoral and Councillor Allowances that would apply for the current term of office for Wellington Shire Councillors, with automatic adjustments for any gazetted changes during that time:

Councillors: $22,405 (plus the equivalent percentage applicable for the superannuation guarantee); and

Mayor: $69,325 (plus the equivalent percentage applicable for the superannuation guarantee)

Both of the allowances are based on the upper limit for a category 2 Council, which is applicable to Wellington Shire Council.

Agenda - Ordinary Council Meeting of 16 April 2013 53

OPTIONS

Council has the following options:

1. To give public notice of the review of the Mayoral and Councillor allowances for public comment; or 2. To seek further information and present to Council for consideration at a later Council meeting.

PROPOSAL

That: 1. Council give public notice that it has reviewed the Mayoral and Councillor allowances in accordance with Section 74(1) of the Local Government Act 1989, and is proposing that the following allowances be set for the term of office of the current Council with adjustments to be applied in accordance with Category 2 Council’s gazetted changes and superannuation guarantee percentage changes: (a) the Mayoral allowance at the upper limit of a Category 2 Council, being $69,325 plus the equivalent related percentage for the superannuation guarantee; and (b) the Councillor allowance at the upper limit of a Category 2 Council, being $22,405 plus the equivalent related percentage for the superannuation guarantee, and 2. Council consider submissions on the proposed Mayoral and Councillor allowances at a Council Meeting on Tuesday 21 May 2013 at 6pm. 3. Council consider the adoption of the reviewed Mayoral and Councillor allowances at a Council meeting to be held on 4 June 2013 at 1pm.

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this Report have declared a Conflict of Interest.

FINANCIAL IMPACT

Provision for the proposed Mayoral and Councillor allowances are included in Councils annual budget.

COMMUNICATION IMPACT

All individuals or organisations making submissions in response to the review of the Mayoral and Councillor allowances will have an opportunity to present to Council on Tuesday 21 May 2013, and will be advised in writing of the outcome once Council has considered their submission.

LEGISLATIVE IMPACT

Agenda - Ordinary Council Meeting of 16 April 2013 54

COUNCIL PLAN IMPACT

The Council Plan 2012-2016 Governance vision is

“To ensure governance and leadership through democratic processes, engaging with our community, ensuring legislative compliance and conducting our affairs openly and with integrity, reflecting the highest level of good management and governance.”

This report supports that strategic vision of Council.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

______

RECOMMENDATION

That: 1. Council give public notice that it has reviewed the Mayoral and Councillor allowances in accordance with Section 74(1) of the Local Government Act 1989, and is proposing that the following allowances be set for the term of office of the current Council with adjustments to be applied in accordance with Category 2 Councils gazetted changes and superannuation guarantee percentage changes: (a) the Mayoral allowance at the upper limit of a Category 2 Council, being $69,325 plus the equivalent related percentage for the superannuation guarantee; and (b) the Councillor allowance at the upper limit of a Category 2 Council, being $22,405 plus the equivalent related percentage for the superannuation guarantee, and 2. Council consider submissions on the proposed Mayoral and Councillor allowances at a Council Meeting on Tuesday 21 May 2013 at 6pm, and 3. Council consider the adoption of the reviewed Mayoral and Councillor allowances at a Council meeting to be held on 4 June 2013 at 1pm.

Agenda - Ordinary Council Meeting of 16 April 2013 55

ITEM C2.2 2013/14 DRAFT BUDGET, PROPOSED RATES AND FEES AND CHARGES DIVISION: GOVERNANCE ACTION OFFICER: MANAGER FINANCE DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management      

OBJECTIVES

For Council to resolve to advertise the 2013/14 Draft Budget and seek public submissions in accordance with Section 223 of the Local Government Act 1989.

BACKGROUND

Council has developed the 2013/14 Draft Budget, for the financial year commencing 1 July 2013 and ending 30 June 2014. Council undertook several workshops in early 2013 as part of the budget development, which reviewed proposed capital projects, operational costs, service levels, fees and changes as well as Council’s rating strategy.

The proposed 2013/14 Budget reflects a 5.7% increase in income from all rates and charges (excluding supplementary rates).

The increasing cost of compliance with Environment Protection Authority (EPA) requirements in the provision of waste infrastructure (landfills and transfer stations) has resulted in the need to maintain the Waste Infrastructure Charge at $32, in order to be able to fund future capital works. In addition, the Garbage Charge will increase to $169.00, with the associated EPA Levy Charge to remain unchanged at $14.92.

This proposed increase in rates and charges takes into account the current economic climate and its impact on ratepayers, while recognising the need to continue providing an acceptable level of service to the community.

Fees and charges set by Council have also been reviewed and increases proposed where appropriate.

The next step in the process is for Council to formally advertise the 2013/14 Draft Budget and to receive submissions regarding same so that Council is in a position to consider the adoption of the proposed budget at the 4 June 2013 Council Meeting.

The full range of issues considered within the budget is detailed in the attached document, which is based on the best practice guide for reporting local government budgets in Victoria. This document represents the core component of an annual budget report and recognises that there are different levels of interest in the budget by various stakeholders. This different level of interest is considered by structure within the document, beginning with an overview (sections 1-3), moving to analysis of the key issues embodied in the budget (sections 4-7) and linking the budget to the long-term strategies of Council (sections 8-11). The budget document also includes appendices setting out greater levels of detail on important matters directly related to the budget and setting out statutory disclosures required by the Local Government Act 1989.

Agenda - Ordinary Council Meeting of 16 April 2013 56

OPTIONS

Council has the following options:

1. To advertise the 2013/14 Draft Budget seeking submissions from the public; or 2. To seek further information and present the 2013/14 Draft Budget to Council for consideration at a later Council meeting.

PROPOSAL

That: 1. Council advertise its 2013/14 Draft Budget (as attached) and proposed differential rates under Section 129 of the Local Government Act 1989; and 2. Council consider submissions on the 2013/14 Draft Budget at a Council Meeting on Tuesday 21 May 2013 at 6pm; and 3. Council meet on Tuesday 4 June 2013 at 1pm to consider the formal adoption of the 2013/14 Budget; and 4. Council make declarations regarding rates and charges for the period commencing on 1 July 2013 and concluding on 30 June 2014:

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this Report have declared a Conflict of Interest.

FINANCIAL IMPACT

The estimated amount to be raised by general rates and the proposed rate in the dollar is reflected in the table below:

Type of Property Proposed Total Income Rate in the dollar

General 0.005199 $33,583,480 Farm 0.004159 $8,477,735 Cultural and Recreational Land $48,630 Supplementary Rates $213,633 Total $42,323,478

The estimated amount to be raised through service charges and the proposed charge per property is as follows:

Type of Charge Per rateable Total Income property Kerbside collection (Garbage) $169 $3,046,901 Waste Infrastructure Charge $32 $ 968,160 EPA Levy Charge $14.92 $ 268,993 Total $4,284,054

All rates are levied on Capital Improved Values, which were revalued at 1 January 2012 and were effective from 1 July 2012.

Agenda - Ordinary Council Meeting of 16 April 2013 57

COMMUNICATION IMPACT

All individuals or organisations making submissions in response to the 2013/14 Draft Budget will have an opportunity to present to Council on Tuesday 21 May 2013, and will be advised in writing of the outcome once Council has considered their submission.

LEGISLATIVE IMPACT

Council is required to advertise its intention to prepare a proposed Budget and give notice of declaration of rates and charges in accordance with Section 129 of the Local Government Act 1989. Section 223 of the Local Government Act 1989 requires Council to provide a 28 day submission period.

COUNCIL PLAN IMPACT

The Council Plan 2012-2016 includes in our Governance (Organisational) vision that:

“Wellington is recognised as a leader in local government in Victoria and is a competently managed and led organisation which performs to the highest standards. We strive to meet the needs of our community through clear organisational goals and objectives whilst continuing to attend to our core business in an ethical and financially responsible manner.”

The preparation of the annual budget and releasing it to the community for public comment is in line with this vision.

RESOURCES AND STAFF IMPACT

The outcomes of the budget process will have an impact on the level of resources available in the 2013/14 financial year and the staffing levels of Council.

COMMUNITY IMPACT

The 2013/14 Draft Budget reflects the financial impact of the services provided by Council to the community, and as such will impact on the community through enhanced services especially in infrastructure construction, maintenance, recreation programs and facilities, and strengthening community participation.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

______

RECOMMENDATION That:

1. Council advertise its 2013/14 Draft Budget (as attached) and proposed differential rates under Section 129 of the Local Government Act 1989; and 2. Council consider submissions on the 2013/14 Draft Budget at a Council Meeting on Tuesday 21 May 2013 at 6pm; and 3. Council meet on Tuesday 4 June 2013 at 1pm to consider the formal adoption of the 2013/14 Budget; and

Agenda - Ordinary Council Meeting of 16 April 2013 58

4. Council makes the following declarations regarding rates and charges for the period commencing on 1 July 2013 and concluding on 30 June 2014:

A) Pursuant to the provisions of Sections 158, 161 and 162 of the Local Government Act 1989, the Wellington Shire Council hereby resolves to declare that the amount it intends to raise by rates and annual service charges is $46,607,532:

General Rate: $42,061,215 Garbage Charge: $ 3,046,901 Waste Infrastructure Charge: $ 968,160 EPA Levy Charge: $ 268,993 Cultural & Recreational Land rates $ 48,630 Supplementary Rates $ 213,633

B) (1) It be further declared that, subject to paragraph 4 of this Part, the general rate be raised through the application of differential rates.

(2) A rate in the dollar of 0.005199 be specified as the general rate.

(3) It be confirmed that the general rate for all rateable land within the municipal district be determined so that the amount payable be the Capital Improved Value multiplied by the rate in the dollar of 0.005199.

(4) a) It be recorded that Council considers that a differential rate will contribute to the equitable and efficient carrying out of Council functions. b) A differential rate be declared for that rateable land having the characteristics specified below, which characteristics will form the criteria for the differential rate so declared: (i) Farm Land: Within the meaning of Section 2 of the Valuation of Land Act 1960 as amended “Farm land” means any rateable land – - that is not less than 2 hectares in area; and - that is used primarily for grazing (including agistment), dairying, pig-farming, poultry-farming, fish-farming, tree- farming, bee-keeping, viticulture, horticulture, fruit- growing or the growing of crops of any kind or for any combination of those activities; and - that is used by a business – that has a significant and substantial commercial purpose or character; and

that seeks to make a profit on a continuous or repetitive basis from its activities on the land; and

that is making a profit from its activities on the land, or that has a reasonable prospect of making a profit from its activities on the land if it continues to operate in the way that it is operating.

c) The differential rate be determined by multiplying the Capital Improved Value of the rateable Farm Land as described in paragraph b) by the rate in the dollar of 0.004159. d) It be further recorded that the objectives of the differential rate is to provide a farm rate that is consistent with the equitable and efficient carrying out of the Council’s functions.

Agenda - Ordinary Council Meeting of 16 April 2013 59

C) Garbage Charge:

(1) An annual service charge of $169.00 be declared for the collection and disposal of garbage in respect of Residential premises to which the service is available – whether or not the owner or occupier of any such premises avails themselves of the service.

(2) An annual service charge of $185.90 (includes GST) be declared for the collection and disposal of garbage in respect of Commercial premises to which the service is available.

D) Waste Infrastructure Charge:

(1) An annual service charge be declared for the development of Landfills, Recycling facilities, Transfer Stations and the rehabilitation of Landfill sites, and provision of facilities for ongoing monitoring of landfills, to ensure that Council is able to continue to provide a waste disposal service.

(2) The charge be $32.00 for each property in respect of which a municipal charge may be levied. This charge will not apply to properties identified as being within the Ninety Mile Beach Restructure Plan Stages 7 – 22, with the exception of those properties with an existing dwelling, where the charge will still apply.

E) EPA Levy Charge:

(1) An annual service charge of $14.92 be declared to cover the costs levied by the Environment Protection Authority on the operation of landfills, not otherwise recouped.

(2) The charge be levied on each property to which a Garbage Charge is applied, at the rate of one EPA Levy Charge for each Garbage Charge.

F) Cultural and Recreational Land:

(1) The following amounts (excluding service charges) be declared as payable in accordance with Section 4 of the Cultural and Recreational Lands Act 1963:

ORGANISATION LOCATION AMOUNT

Gippsland Woodcraft Group Inc 843 Maffra-Rosedale Rd, NIL Nambrok Glenmaggie & District Boat Club Licola Rd, Glenmaggie NIL Heyfield Bowling Club Inc George St, Heyfield $1,107.39 Heyfield Golf Club Inc 91 Golf Course Rd, Heyfield $1,148.98 Lake Wellington Yacht Club Inc 725 Marlay Point Rd, NIL Clydebank Maffra Bowling Club Inc Princess St, Maffra $337.93

Agenda - Ordinary Council Meeting of 16 April 2013 60

Maffra Sale Motorcycle Club 54 Tatterson Lane, Newry $483.50 Maffra Sale Motorcycle Club Morison St, Maffra $363.93 Maffra Squash & Racquetball Club Inc Little Johnson St, Maffra NIL Para Park Co-operative Game Reserve Sunday Island, Port Albert $5,167.80 Port Albert Water Sports & Safety 31-37 Bay St, Port Albert NIL Centre Rockley Tennis Club Dawson St, Sale $1,142.48 Sale & District Aero Modellers Club Inc Back Maffra Rd, Sale $ 45.50 Sale Agricultural Society – Dawson St, Sale $2,664.49 Showgrounds Sale Agricultural Society – Sale Maffra-Sale Rd, Sale $4,939.05 Greyhound Club Sale Agricultural Society – Sale Bridge Maffra-Sale Rd, Sale $61.09 Club Sale Angling & Sportsfishing Club 5 David St, Manns Beach $254.75 Sale Angling & Sportsfishing Club Punt Lane, Sale $126.07 Sale Community Bowls Club Ltd Foster St, Sale $2,136.79 Sale City Football Netball Club Inc Guthridge Pde, Sale $267.74 Sale United Football Club Inc 313-321 Raglan St, Sale $851.34 Sale Croquet Club Guthridge Pde, Sale NIL Sale Field & Game Association Chessum Rd, Longford $71.49 Sale Golf Club 2631 Rosedale-Longford Rd, $3,259.77 Longford Sale Small Bore Rifle Club 86 Stephenson St, Sale NIL Sale Tennis Club 51 Guthridge Pde, Sale $1,221.76 Sale Turf Club Maffra-Sale Rd, Sale $1,060.59 Sale Turf Club 1227 Maffra-Sale Rd, Sale $12,438.61 Sporting Legends Club Inc 316 Montgomery Rd, NIL Bundalaguah Stratford Angling Club Inc Hollands Landing Rd, NIL Hollands Landing Stratford Bowls Club 18-22 Dawson St, Stratford $844.84 Wurruk Bowls Club Inc Hunt Place, Wurruk $422.42 The Yarram Country Club Inc 332-338 Commercial Rd, $8,211.82 Yarram Yarram Motorcycle Club 96 Morris Rd, Yarram NIL TOTAL $48,630.13

These amounts have regard to the services provided by the Council in relation to such lands and the benefit to the community derived from this recreational land; and

5. The General Manager Governance be authorised to levy and recover the general rates, garbage, EPA Levy and waste infrastructure charges described earlier in this resolution, in accordance with the Local Government Act 1989; and

6. Council allows payments of rates and charges as per Section 167 of Local Government Act 1989 by four instalments due and payable by:

30 September, 2013 30 November, 2013 28 February, 2014 31 May, 2014; and

7. Interest on unpaid rates and charges will be charged in accordance with Section 172 of the Local Government Act 1989.

Agenda - Ordinary Council Meeting of 16 April 2013 61

8. That Council authorise the Chief Executive Officer to award, sign and seal any loan and financial documents relating to the proposed borrowings of $10,300,000 in the 2013/14 Budget, subject to approval by the Council of the relevant projects.

Agenda - Ordinary Council Meeting of 16 April 2013 62

ITEM C2.3 ASSEMBLY OF COUNCILLORS DIVISION: GOVERNANCE ACTION OFFICER: GENERAL MANAGER GOVERNANCE DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management  

OBJECTIVE

To report on all assemblies of Councillors records received during the period 13 March 2013 to 2 April 2013.

BACKGROUND

Section 80A of the Local Government Act 1989 requires a written record to be kept of all assemblies of Councillors, stating the names of all Councillors and Council staff attending, the matters considered and any conflict of interest disclosures made by a Councillor. These records must be reported, as soon as practicable, at an ordinary meeting of the Council and recorded in the minutes.

Below is a summary of all assembly of Councillors records received during the period to 13 March 2013 to 2 April 2013.

Assembly of Councillors summary of reports received between 13 March 2013 to 2 April 2013 Date Matters considered Councillors and officers in attendance

13 March 2013 1. Draft Council Plan 2013 – 17 Councillors Rossetti, Cleary, 2. Draft 13/14 Budget Crossley, McCubbin, McIvor, workshop Duncan (left at 11.45am), Wenger, Hole D Morcom, CEO L Collins, General Manager Governance C Hastie, General Manager Built & Natural Environment G Butler, General Manager Liveability J Websdale, General Manager Development Tracey Cummings, Manager Business Improvement (Item 1) Lesley Fairhall, Manager Finance (Item 2)

26 March 2013 1. Draft 13/14 Business Plans Councillors Rossetti, Davine, Cleary, and Divisional Budget Crossley, McIvor, Hole presentations D Morcom, CEO 2. Draft 13/14 Budget L Collins, General Manager Governance

Agenda - Ordinary Council Meeting of 16 April 2013 63

C Hastie, General Manager Built & Natural Environment G Butler, General Manager Liveability Lesley Fairhall, Manager Finance (Items 1 & 2) John Tatterson, Manager Built Environment (Item 1) Dean Morahan, Manager Assets & Projects (Item 1) Sharyn Bolitho, Manager Economic Development (Item 1) Vanessa Ebsworth, Manager Organisation Development (Item 1) Francis Ford, Manager Community Wellbeing (Item 1) Stephen Dempsey, Managers Arts & Culture (Item 1) Tracey Cummings, Manager Business Improvement (Item 1) Tim Rowe, Manager Natural Environment & Parks (Item 1) Josh Clydesdale, Manager Land Use Planning ( Item 1) Ewen Ross, Manager Municipal Services (Item 1) Mat Dyce, Acting Manager Information Services (Item 1) Travis Switzer, Manager Healthy Lifestyles (Item 1) Alan Hall, Member of Council’s Audit Committee (Item 2)

2 April 2013 Councillors Calendars Councillors Rossetti, Davine, McIvor, Hole, Wenger, D Morcom, CEO Gail Hogben Sharon Willison 2 April 2013 1. Pre Council meeting agenda Councillors Rossetti, Davine, McIvor, review (9.00am) Hole, Wenger, Crossley, Duncan 2. Gaming Request, Yarram (Item 5 only), McCubbin, Workshop (9.30am) D Morcom, CEO 3. Unused Section of Fox’s Road L Collins, General Manager Toongabbie (10.05am) Governance 4. Provision of Motor Vehicles C Hastie, General Manager Built & for Councillors and Councillor Natural Environment expenses (10.45am) G Butler, General Manager 5. Draft Council Liveability J Websdale, General Manager Development Vanessa Ebsworth, Manager Organisation Development (Item 1) Josh Clydesdale, Manager Land Use Planning (Item 2) Dean Morahan, Manager Assets & Projects (Item 3) Robyn Olsen, Strategic Planner

Agenda - Ordinary Council Meeting of 16 April 2013 64

(Item 2) Barry Hearsey, Coordinator Strategic Planning (Item 2) Tracey Cummings, Manager Business Improvement (Item 5)

OPTIONS

Council has the following options:

1. Note and receive the attached assembly of Councillors records; or 2. Not receive the attached assembly of Councillors records.

PROPOSAL

That Council note and receive the attached assembly of Councillors records received during the period 13 March 2013 to 2 April 2013.

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

LEGISLATIVE IMPACT

The reporting of written records of assemblies of Councillors to the Council in the prescribed format complies with Section 80A of the Local Government Act 1989.

COUNCIL PLAN IMPACT

The Council Plan 2012–2016 strategic objective Governance 1.0 states:

This report supports the achievement of this strategic objective.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY ______

RECOMMENDATION

That Council note and receive the attached assembly of Councillors records received during the period 13 March 2013 to 2 April 2013.

Agenda - Ordinary Council Meeting of 16 April 2013 65

ASSEMBLY OF COUNCILLORS

1. DATE OF MEETING:

13/03/2013

2. ATTENDEES:

Councillors Name In Name In attendance attendance (tick) (tick) Yes No Yes No Cr Rossetti  Cr McCubbin  Cr Davine  Cr McIvor  Cr Cleary  Cr Wenger  Cr Crossley  Cr Hole  Cr Duncan (left at  11.45am)

Officers In Attendance Name In Name In attendance attendance (tick) (tick) Yes No Yes No D. Morcom CEO  G Butler, GML  L Collins, GMG  J Websdale, GMD  C Hastie, GMB&NE 

Others in attendance (list names and item in attendance for) Name Item No. Name Item No. Tracey Cummings, Manager Lesley Fairhall, Manager Business Improvement 1 Finance 2

3. Matters/Items considered at the meeting (list):

1. Draft Council Plan 2013-17 (8.30am) 2. Draft 13/14 Budget workshop (10.45am)

4. Conflict of Interest disclosures made by Councillors:

No Conflicts of Interest were declared.

Agenda - Ordinary Council Meeting of 16 April 2013 66

ASSEMBLY OF COUNCILLORS

1. DATE OF MEETING:

26/03/2013

2. ATTENDEES:

Councillors Name In Name In attendance attendance (tick) (tick) Yes No Yes No Cr Rossetti  Cr McCubbin  Cr Davine  Cr McIvor  Cr Cleary  Cr Wenger  Cr Crossley  Cr Hole  Cr Duncan 

Officers In Attendance Name In Name In attendance attendance (tick) (tick) Yes No Yes No D. Morcom CEO  G Butler, GML  L Collins, GMG  J Websdale, GMD  C Hastie, GMB&NE 

Others in attendance (list names and item in attendance for) Name Item No. Name Item No. Lesley Fairhall, Manager Tracey Cummings, Manager Finance 1 & 2 Business Improvement 1 John Tatterson, Manager Built Tim Rowe, Manager Natural Environment 1 Environment & Parks 1 Dean Morahan, Manager Josh Clydesdale, Manager Assets & Projects 1 Land Use Planning 1 Sharyn Bolitho, Manager Ewen Ross, Manager Economic Development 1 Municipal Services 1 Vanessa Ebsworth, Manager Mat Dyce, Acting Manager Organisation Development 1 Information Services 1 Frances Ford, Manager Travis Switzer, Manager Community Wellbeing 1 Healthy Lifestyles 1 Stephen Dempsey, Manager Alan Hall, Member of Council’s Arts and Culture 1 Audit Committee 2

3. Matters/Items considered at the meeting (list):

1. Draft 13/14 Business Plans and Divisional budget presentations (9.30am) 2. Draft 13/14 Budget (1pm)

4. Conflict of Interest disclosures made by Councillors:

No Conflicts of Interest were declared.

Agenda - Ordinary Council Meeting of 16 April 2013 67

ASSEMBLY OF COUNCILLORS

1. DATE OF MEETING:

02/04/2013

2. ATTENDEES:

Councillors Name In attendance Name In attendance (tick) (tick)

Yes No Yes No Cr Crossley Cr McCubbin Cr Rossetti Cr McIvor Cr Cleary Cr Wenger Cr Davine Cr Hole Cr Duncan

Officers In Attendance Name In attendance Name In attendance (tick) (tick)

Yes No Yes No D Morcom, CEO G Butler, GML L Collins, GMG J Websdale , GMD C Hastie, GMB&NE

Others in attendance (list names and item in attendance for)

Name Item No. Name Item No. Sharon Willison 1 Gail Hogben 1

3. Matters/Items considered at the meeting (list):

1. Councillors’ Calendars

4. Conflict of Interest disclosures made by Councillors:

Agenda - Ordinary Council Meeting of 16 April 2013 68

ASSEMBLY OF COUNCILLORS

1. DATE OF MEETING:

02/04/2013

2. ATTENDEES:

Officers In Attendance Name In Name In attendance attendance (tick) (tick) Yes No Yes No D. Morcom CEO  G Butler, GML  L Collins, GMG  J Websdale, GMD  C Hastie, GMB&NE 

Others in attendance (list names and item in attendance for) Name Item No. Name Item No. Vanessa Ebsworth, Manager Robyn Olsen, Strategic Organisation Development 1 Planner 2 Josh Clydesdale, Manager Barry Hearsey, Coordinator Land Use Planning 2 Strategic Planning 2 Dean Morahan, Manager Tracey Cummings, Manager Assets & Projects 3 Business Improvement 5

3. Matters/Items considered at the meeting (list):

1. Pre Council meeting agenda review (9.00am) 2. Gaming Request, Yarram Workshop (9.30am) 3. Unused Section of Fox’s Road Toongabbie (10.05am) 4. Provision of Motor Vehicles for Councillors and Councillor expenses (10.45am) 5. Draft Council Plan 2013-17 (2.00pm)

4. Conflict of Interest disclosures made by Councillors:

No Conflicts of Interest were declared.

Agenda - Ordinary Council Meeting of 16 April 2013 69

C3 - REPORT

GENERAL MANAGER DEVELOPMENT

Agenda - Ordinary Council Meeting of 16 April 2013 70

ITEM C3.1 PLANNING DECISIONS DIVISION: DEVELOPMENT ACTION OFFICER: MANAGER LAND USE PLANNING DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management     

OBJECTIVE

To provide a report to Council on planning decisions made under delegation by Statutory Planners during the month of March 2013 for information.

BACKGROUND

Statutory Planners have delegated authority under the Planning and Environment Act 1987 to make planning decisions in accordance with the Planning and Environment Act 1987 and the Wellington Planning Scheme including the issue of: planning permits, amended permits, extensions of time, refusal of planning permits and notices of decision to grant a planning permit.

OPTIONS

Council may choose to note this report, alternatively, Council may choose to seek further information and refer this report to another meeting.

PROPOSAL

That Council note the report on Planning Application Determinations between 1 March and 31 March 2013.

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

COMMUNICATION IMPACT

The monthly report communicates information about planning determinations including the issue of planning permits, amended permits, refusal of planning permits and notices of decision to grant a planning permit.

LEGISLATIVE IMPACT

All planning decisions have been processed and issued in accordance with the Planning and Environment Act 1987 and the Wellington Planning Scheme.

Agenda - Ordinary Council Meeting of 16 April 2013 71

COUNCIL POLICY IMPACT

All planning decisions have been issued after due consideration of relevant Council policy, including Council’s Heritage Policy and the requirements of the Wellington Planning Scheme.

COUNCIL PLAN

Council’s commitment in the 2012-2016 Council Plan is:

“to ensure the aesthetic and orderly use and development of land and resources with a view to securing the physical, economic and social efficiency as well as the health and wellbeing of the community.”

PLANNING POLICY IMPACT

All reported planning decisions have been issued after due consideration of the State and Local Planning Policy Framework in the Wellington Planning Scheme.

ENVIRONMENTAL IMPACT

Planning decisions are made in accordance with the relevant environmental standards to ensure that environmental impacts are minimised.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

______

RECOMMENDATION

That Council note the report on Planning Application Determinations between 1 March and 31 March 2013.

Agenda - Ordinary Council Meeting of 16 April 2013 72

Agenda - Ordinary Council Meeting of 16 April 2013 73

Agenda - Ordinary Council Meeting of 16 April 2013 74

Agenda - Ordinary Council Meeting of 16 April 2013 75

Agenda - Ordinary Council Meeting of 16 April 2013 76

ITEM C3.2 BUILDING PERMITS REPORT DIVISION: DEVELOPMENT ACTION OFFICER: MANAGER MUNICIPAL SERVICES DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management    

OBJECTIVE

To provide a report to Council on building permits issued in the Wellington Shire during the month of February 2013 for information.

BACKGROUND

Building permits are issued by private building surveyors and copies of permits are provided to Council. The permits, plans and other documents are filed by Council and recorded on a register of building permits. Building permits are issued for a range of developments including dwellings, extensions and fences as well as commercial and industrial buildings. This report includes all building permits issued by private building surveyors and accordingly, this report provides information about all building development within the Wellington Shire.

PROPOSAL

That Council note the report of building permits issued from 1 February 2013 to 28 February 2013.

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

COMMUNICATION IMPACT

The monthly report provides information to the community about building permits for all building development within the Wellington Shire including the building description, building address, and township location, date of permit issue and cost of development.

LEGISLATIVE IMPACT

Building permits are issued in accordance with relevant legislation.

COUNCIL PLAN IMPACT

All building permits issued by private building surveyors are registered and filed as per the timelines set out in the Municipal Services Business Plan and the Statutory Building Service Business Chart.

Agenda - Ordinary Council Meeting of 16 April 2013 77

RESOURCES AND STAFF IMPACT

The registration and filing of all building permits issued by private building surveyors has been undertaken using current Council staff and resources.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

RECOMMENDATION

That Council note the report of building permits issued from 1 February 2013 to 28 February 2013.

Agenda - Ordinary Council Meeting of 16 April 2013 78

Agenda - Ordinary Council Meeting of 16 April 2013 79

Agenda - Ordinary Council Meeting of 16 April 2013 80

Agenda - Ordinary Council Meeting of 16 April 2013 81

Agenda - Ordinary Council Meeting of 16 April 2013 82

Agenda - Ordinary Council Meeting of 16 April 2013 83

Agenda - Ordinary Council Meeting of 16 April 2013 84

Agenda - Ordinary Council Meeting of 16 April 2013 85

Agenda - Ordinary Council Meeting of 16 April 2013 86

Agenda - Ordinary Council Meeting of 16 April 2013 87

C4 - REPORT

GENERAL MANAGER BUILT & NATURAL ENVIRONMENT

Agenda - Ordinary Council Meeting of 16 April 2013 88

ITEM C4.1 DRAFT ROAD MANAGEMENT PLAN 2013 DIVISION: BUILT AND NATURAL ENVIRONMENT ACTION OFFICER: MANAGER BUILT ENVIRONMENT DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management       

OBJECTIVE

To present Council with the Draft Road Management Plan 2013, as attached, and release it for public comment.

BACKGROUND

The Road Management Act 2004 (the Act) specifies that road authorities have a duty to inspect, maintain and repair public roads. Road Authorities may develop and publish a Road Management Plan (RMP), to set the relevant standard in relation to the discharge of these duties and to establish a management system for road management functions based on policy and operational objectives, taking into account available resources.

The Act and associated Code of Practice for RMP’s sets the framework for the making of RMPs. These documents specify that in relation to public roads (roads listed on the Register of Public Roads), a RMP may contain:

Determination of standards in relation to the inspection, maintenance & repair of road infrastructure. The prioritisation process for the inspection, maintenance & repair of road related infrastructure. Description of types of infrastructure. A description of the inspections required for the different types of road infrastructure. The standard or target condition to be achieved in the maintenance and repair of different types of road infrastructure. Details of the management system, which is established or is to be established and implemented by the road authority to discharge its duty to inspect, maintain and repair.

Wellington Shire Council’s first RMP was prepared and adopted in 2004 following the introduction of the Act. Subject to the requirements of the Act this document was reviewed in 2009.

The RMP underwent a substantial review in 2012 following the identification of various improvement opportunities from internal and external audits. Specifically, this review focused on:

Clarification and simplification of road management processes; A greater emphasis on a risk based approach to road management; The inclusion of a criteria specifying a minimum standard roads should meet to be determined public roads and subsequently maintained by Council; Greater utilisation of response times in road management; Alterations to defects and intervention levels; Alterations to inspection frequencies; and Simplified and concise content.

Agenda - Ordinary Council Meeting of 16 April 2013 89

It is a requirement of the Road Management Act (General) Regulations 2005 that municipal councils who have a RMP must conduct a review of that plan in the same period they are required to conduct a review of the Council Plan, 6 months after each general election or by the next 30 June, whichever is later. To this end it is proposed to review the RMP 2013 in line with this requirement.

Proposed changes to the existing adopted RMP 2012 include:

Additional defects for improved maintenance management and greater definition of service level; revised intervention levels for some defects; and inclusion of a specific path hierarchy for Shared Paths.

OPTIONS

The following options are available to Council:

1. Council gives notice of the intention to conduct a review of the RMP, as required by section 302 of the Road Management (General) Regulations 2005, and releases the Draft RMP 2013 for comment for a period of 6 weeks; or 2. Council seeks further information and does not release the Draft RMP 2013 at this time.

PROPOSAL

That:

1. Council gives notice of the intention to conduct a review of the RMP as required by section 302 of the Road Management (General) Regulations 2005; and 2. Council releases the Draft RMP 2013, as attached, for public comment for a period of six weeks.

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

COMMUNICATION IMPACT

Notice of the review of the Draft RMP 2013 will be published in the Gippsland Times, the Yarram Standard and the Victorian Government Gazette. A notice will also be published on Councils website.

A copy of the Draft RMP 2013 will be made available at Sale and Yarram Service Centres and Council’s libraries.

LEGISLATIVE IMPACT

The RMP has been prepared in accordance with the Road Management Act 2004 and associated Road Management Act Code of Practice for Road Management Plans.

Agenda - Ordinary Council Meeting of 16 April 2013 90

The consultative process as recommended is in accordance with section 302 of the Road Management (General) Regulations 2004, which states a notice is to be published in the Victorian Government Gazette and local newspapers and will state the following.

(a) the purpose of the review; and (b) the roads and classes of road to which the road management plan applies; and (c) that a copy of the proposed road management plan may be inspected or obtained from the Wellington Shire Council at the Sale or Yarram service centres during business hours or on Councils web pages at www.wellington.vic.gov.au; and (d) that any person may make a submission on the proposed review to the Council in writing within the period of at least 6 weeks after the date on which notice is given.

COUNCIL PLAN IMPACT

Implementation of the Draft RMP 2013 will assist in achievement of the Council Plan Built Environment Strategy 2.2 to:

“Provide for Wellington’s economic, social and environmental needs through planning, development and maintenance of appropriate community assets”.

The Draft RMP 2013 also aligns with Councils Asset Management Plan’s:

“To provide the framework of processes used to address the requirements of the Act whilst also assisting in the achievement of broader organisational objectives”.

RESOURCES AND STAFF IMPACT

The RMP has been reviewed based on and accounting for the amount of existing resources available to discharge the duties of the Road Management Act 2004.

CONSULTATION IMPACT

Should the recommendation be adopted by Council, the reviewed RMP will be subject to a period of public exhibition for six weeks.

Notice will be published in the Gippsland Times on Tuesday 23 April 2013, the Yarram Standard on Wednesday 24 April 2013 and the the Victorian Government Gazette on Thursday 25 April 2013.

The public exhibition period is proposed to be open for a period to Friday 31 May 2013. Throughout this period, submissions will be received and considered prior to the final RMP being presented to Council for adoption.

Agenda - Ordinary Council Meeting of 16 April 2013 91

RISK MANAGEMENT IMPACT

A RMP can provide a policy defence from litigation under the Act and subsequently minimise Councils exposure to risk. By implementing recommendations from recent audits, it is considered the reviewed RMP will possess greater integrity if required to be used as a policy defence from litigation. RMP’s are an audited requirement from Councils insurers.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

______

RECOMMENDATION

That:

1. Council gives notice of the intention to conduct a review of the Road Management Plan as required by section 302 of the Road Management (General) Regulations 2005; and 2. Council releases the Draft Road Management Plan 2013, as attached, for public comment for a period of six weeks.

Agenda - Ordinary Council Meeting of 16 April 2013 92

ITEM C4.2 PLACE NAMES COMMITTEE MINUTES DIVISION: BUILT AND NATURAL ENVIRONMENT ACTION OFFICER: MANAGER ASSETS & PROJECTS DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management     

OBJECTIVE

The purpose of this report is for Council to receive the minutes and consider the recommendations from the Place Names Committee meeting held on 7 March 2013.

BACKGROUND

The Place Names Committee is an advisory committee that meets quarterly to make recommendations to Council on geographical place name issues.

OPTIONS

Council have the following options available:

1. To receive the minutes of the Place Names Committee and consider the recommendations; or 2. Seek further information and consider at a future meeting.

PROPOSAL

That the minutes of the Place Names Committee meeting held on 7 March 2013 be received, and the following recommendations from the Place Names Committee meeting be accepted by Council: a) Request from VicRoads to Rename a Bypassed Section of the Princes Highway through Wurruk

As a result of the realignment and duplication of the Princes Highway through Wurruk there is a need to rename the bypassed section of the Princes Highway. Three letters have been sent out to affected members of the community seeking suggestions and feedback on proposals.

Committee Recommendation

That the bypassed section of Princes Highway through Wurruk be named Wurruk Way.

Officer Recommendation

That the Committee recommendation be supported. b) Additional road names for the Wellington Shire Council Approved Road Name Register

Agenda - Ordinary Council Meeting of 16 April 2013 93

Following the recent consultation with Wurruk residents and recent media to increase the number of road names on the Wellington Shire Council Approved Road Name Register, applications have been received proposing road names.

Committee Recommendation

That the following names be added to the Wellington Shire Council Approved Road Name Register:

Tiddalik Stumpy Point; Morgan; Tanner; Coleman; Riggal; Singleton; Moon; Dingwall; Fleming and Lazzaro.

Officer Recommendation

That the Committee recommendation be supported. c) Unnamed waterfall on the east branch of Albert River, Grand Ridge.

A submission has been received to name an unnamed waterfall on the east branch of the Albert River, Grand Ridge. The proposal is to name the waterfall after Tom and Ena Nicholls who farmed the land during the 1930’s and 1940’s.

Committee Recommendation

That the unnamed waterfall on the east branch of the Albert River, Grand Ridge be named “Nicholls Falls”.

Officer Recommendation

That the Committee recommendation be supported

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

COMMUNICATION IMPACT

The decisions made by Council will be communicated to the affected stakeholders following the resolution of these issues by Council.

Agenda - Ordinary Council Meeting of 16 April 2013 94

LEGISLATIVE IMPACT

The Local Government Act 1989 provides Council the power to approve, assign or change the name of a road. Council in exercising this power must act in accordance with the guidelines provided for under the Geographical Place Names Act 1998.

COUNCIL PLAN IMPACT

The Place Names Committee follows one of the strategies from the 2012-16 Council Plan in:

“Engaging with the community in Council deliberations and decision making through participative processes.”

COMMUNITY IMPACT

It is anticipated that there will a positive community impact following the adoption of the Place Names Committee recommendations.

CONSULTATION IMPACT

The two road names in this report have been recommended following consultation with the public.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

______

RECOMMENDATION

That:

1. Council receive and note the minutes of the Place Names Committee meeting held on 7 March 2013; and 2. Arising from the Place Names Committee meeting held on 7 March 2013, Council adopt the following recommendations: a) That the bypassed section of the Princes Highway through Wurruk be renamed “Wurruk Way”. b) That the following names be added to the Wellington Shire Council Approved Road Name Register: Tiddalik; Stumpy Point; Morgan; Tanner; Coleman; Riggal; Singleton; Moon; Dingwall; Fleming; and Lazzaro. c) The unnamed waterfall on the east branch of the Albert River, Grand Ridge be named “Nicholls Falls.”

Agenda - Ordinary Council Meeting of 16 April 2013 95

PLACE NAMES COMMITTEE (PNC) MEETING 7 MARCH 2013 AT 1:00PM - DENISON ROOM MINUTES

PRESENT: Councillor Darren McCubbin (Chair) Councillor Emilie Davine Councillor Patrick McIvor Dean Morahan (Manager Assets & Projects) Sandra Rech (Coordinator Asset Management)

MEETING OPENING Meeting opened at 1:05pm

APOLOGIES James Blythe (GIS Officer)

CONFLICT OF INTEREST Nil

1. CONFIRMATION OF MINUTES FROM PREVIOUS MEETING It was moved: Councillor McCubbin/Councillor McIvor That the minutes of the previous Place Names Committee meeting held on 21 November 2012 be accepted. Carried

2. CURRENT ISSUES

2.1 Miscellaneous naming issues in the Giffard and Seaspray areas

Resolution from Council Meeting 18 December 2012: A site visit will be arranged for the Place Names Committee members to view the road and invite the two respondents to discuss their issues.

Action: Site visit conducted and met with respondent. It was moved: Councillor McIvor/Councillor Davine That: Appropriate signage be installed to demarcate Owens Lane from Prospect Road; The respondents, including the Seaspray Primary school, be contacted, advising them of the outcome. That this item be closed. Carried

Agenda - Ordinary Council Meeting of 16 April 2013 96

Unnamed roads at West Sale Airport

Resolution from Council Meeting 18 December 2012: The Unnamed Road off Mortimer Drive be named ‘Lockheed Close’.

Action: Lockheed Close gazetted on 28 February 2013.

It was moved: Councillor McIvor/Councillor Davine That this item be closed. Carried

2.3 Request from VicRoads to Rename a Bypassed Section of the Princes Highway through Wurruk

Resolutions from Council Meeting 18 December 2012: The name ‘Tiddalik Way’ be proposed for further consultation with the community, including the Wurruk Primary School and if that name does not have community support then the name Wurruk Way be adopted. The following names be reviewed at the next meeting for potential listing on Council’s Approved Road Name Register: Stumpy Point; Harmony; Morgans; Tanner; and Coleman.

Action: Letters sent out proposing Tiddalik Way or if not supported then Wurruk Way. Five responses were received with none supporting Tiddalik Way and none pleased with Wurruk Way but accepted it as better than the first choice.

It was moved: Councillor McCubbin/Councillor McIvor That: The bypassed section of the Princes Highway at Wurruk be renamed ‘Wurruk Way’; The appropriate stakeholders be advised of this renaming, subject to Council approval; The name ‘Harmony’ not be listed on Council’s Approved Road Name Register for the locality of Wurruk as the name is associated with the Wurruk Harmony Grou The following names be listed on Council’s Approved Road Name Register: o Tiddalik o Stumpy Point; o Morgan; o Tanner; and o Coleman The respondents be contacted advising them of the approved road names. Carried

2.4 Request to nominate the name Sillett for the Approved Road Name Register

Resolutions from Council Meeting 18 December 2012: the name ‘Sillett’ be listed on Council’s Approved Road Name Register; the proponent be contacted regarding the naming approval; and

Agenda - Ordinary Council Meeting of 16 April 2013 97

a letter be sent to the Uniting Church requesting permission to officially name the adjacent park, ‘Login Place’.

Action: Letters sent.

It was moved: Councillor McIvor/Councillor Davine That this item be closed. Carried

2.5 Should the Sale Mall or the Cunningham Street Mall be Officially Named

Resolution from Council Meeting 18 December 2012: This item is to remain open.

It was moved: Councillor McIvor/Councillor Davine That this item is to remain open. Carried

3. GENERAL BUSINESS

3.1 Gippsland State Forest Name Review Department of Sustainability & Environment have advised of the Gippsland State Forest Name Review.

The Committee reviewed the list and had no objection to the proposed names, although it was noted that the spelling of ‘Gormandale was incorrect and there were a number of duplicate names with spelling variations.

It was moved: Councillor Davine/Councillor McCubbin That this item be closed. Carried

3.2 Request to name an unnamed road off Lower Dargo Road There has been a request to name an unnamed road off the Lower Dargo Road after the Cartner family.

It was moved: Councillor McCubbin/Councillor McIvor That the Dargo Heritage Museum be contacted for background information on the Cartner family and other pioneering family names to be used on the Approved Road Name Register. Carried

3.3 Request to name laneways off Raymond Street, Sale There has been a request to name the laneways off Raymond Street, Sale: The arcade in the IGA carpark; The laneway next to LG Hooker Real Estate; and The arcade/laneway containing Hair is Kanyemba and the framing shop.

Agenda - Ordinary Council Meeting of 16 April 2013 98

It was moved: Councillor McIvor/ Councillor McCubbin That: That Cr McIvor provide feedback to Sale Community Business Association, that these laneways and arcades are private property and are addressed from Raymond Street as is usual practice (any proposal to name a private laneway or arcade would require all property owners affected to jointly request a name). This item be closed. Carried 3.4 Submission to name waterfall There has been a submission to name a waterfall on the East Branch of the Albert River; Nicholls Falls.

It was moved: Councillor McIvor/Councillor McCubbin That: the unnamed waterfall on the east branch of the Albert River be named ‘Nicholls Falls’; the proponent be contacted in writing advising them of the outcome. Carried

3.5 Request to for an address off Dawson Street, Seaton There has been a request for an address off Dawson Street, Seaton which is not a council maintained road. There is a Dawson Lane on the opposite side of the Heyfield-Seaton Road that is maintained and has several properties addressed to the road.

It was moved: Councillor McCubbin/Councillor Davine That the name ‘Kestrel Lane’ be proposed for further consultation with affected property owners. Carried

3.6 Submissions to include names on the Approved Road Name Register There have been two submissions to include additional names on the Approved Road Name Register. The names proposed are: Riggal; Singleton; Moon; Dingwall; and also Fleming; and Lazzaro.

It was moved: Councillor McCubbin/Councillor Davine That: the following names be listed on Council’s Approved Road Name Register: o Riggal; o Singleton; o Moon; o Dingwall; o Fleming; and o Lazzaro; The proponents be contacted advising them of the outcome. Carried

Agenda - Ordinary Council Meeting of 16 April 2013 99

3.7 Evelyn Drive and Dryden Place, Sale Councillor Davine raised the issue of roads that appear as a single continuous road, but are named as two separate roads e.g. Evelyn Drive as a continuation of Dryden Place.

The Committee agreed that the extent of Evelyn Drive and Dryden Place is to remain as is, but that in approving road names for future developments, the naming extents should also be considered.

It was moved: Councillor Davine/Councillor McIvor That this item be closed. Carried

4. NEXT MEETING Thursday 23 May at 9:00am

CLOSE Meeting closed at 2:35pm.

Agenda - Ordinary Council Meeting of 16 April 2013 100

ITEM: C4.3 WELLINGTON BOATING FACILITIES STRATEGIC PLAN DIVISION: BUILT ENVIRONMENT ACTION OFFICER: MANAGER BUILT ENVIRONMENT DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management   

OBJECTIVE

To present Council with the Draft Wellington Boating Facilities Strategic Plan, as attached, and release it for public comment.

BACKGROUND

A Council Workshop was held on 12 February 2013 to present the Draft Wellington Boating Facilities Strategic Plan (the Plan) to Council. Feedback from this Workshop has been taken into account in the development of the Plan, specifically in relation to the Loch Sport Safe Harbour and facilities not directly managed or controlled by Council eg. Robertsons Beach, Seaspray, Lake Glenmaggie.

The Draft Gippsland Coastal Boating Action Plan 2012 (developed by Gippsland Coastal Board and presented to Council on 11 October 2011), was prepared within the framework of the Victorian Coastal Strategy (2008), and provides a strategic context for boating facilities in Gippsland.

Wellington Shire Council has initiated the development of a Wellington Boating Facilities Strategic Plan (WBFSP) for popular coastal recreational boating sites throughout the Shire in response to the Draft Gippsland Boating Coastal Action Plan (GBCAP) action 1.2:

Develop coastal management plans or site master plans for locations identified as having a future role as a state or regional boating precinct or district boating facility, where the plans do not already exist .

A Projects and Actions Plan will be developed which outlines specific actions and projects to achieve the objectives of the WBFSP and the GBCAP. As part of this process, a scoring assessment matrix will be developed to assist Council to prioritise all projects that have been identified at each facility. This prioritisation process will objectively assist Council in the development of future capital works programs and potential funding applications.

The Plan only addresses boating areas and assets managed by Wellington Shire Council which are located within the defined ‘Coastal Management Act’ area.

OPTIONS

The following options are available to Council:

1. Receive the Draft Wellington Boating Facilities Strategic Plan and release for a period of 6 weeks for public comment; or 2. Request additional information to be included in the Wellington Boating Facilities Strategic Plan.

Agenda - Ordinary Council Meeting of 16 April 2013 101

PROPOSAL

That:

1. Council receive the Draft Wellington Boating Facilities Strategic Plan; and 2. Council releases the Draft Wellington Boating Facilities Strategic Plan, as attached, for public comment for a period of six weeks.

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

FINANCIAL IMPACT

The Wellington Boating Facilities Strategic Plan will guide Council’s decision making around the expenditure for boating facilities, ensuring the efficient, effective and consistent allocation of funding towards prioritised infrastructure developments.

COMMUNICATION IMPACT

As part of the community consultation phase of the Wellington Boating Facilities Strategic Plan development, draft plans will be publicised on Council’s website, at the relevant public libraries, and in community newsletters. Copies will also be forwarded direct to agency stakeholders for consideration.

COUNCIL PLAN IMPACT

The Draft Wellington Boating Facilities Strategic Plan aligns with the following Council Plan strategy for Built Environment:

“Proactive sustainable asset planning to meet contemporary community needs”.

CONSULTATION IMPACT

Extensive community engagement was undertaken in the development of the Gippsland Coastal Boating Action Plan 2012. Information obtained through that process has been considered in the development of the Draft Boating Facilities Strategic Plan.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY ______

RECOMMENDATION That:

Agenda - Ordinary Council Meeting of 16 April 2013 102

ITEM C4.4 LAND TRANSFER HERBERTE COURT, WURRUK DIVISION: BUILT AND NATURAL ENVIRONMENT ACTION OFFICER: MANAGER BUILT ENVIRONMENT DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management        

OBJECTIVE

For Council to authorise a land transfer located at Herberte Court, Wurruk.

BACKGROUND

This report makes recommendations relating to a land exchange dating to 2005.

As the consequence of the construction of a storage shed forming part of the Wurruk Cricket Club encroaching onto neighbouring land, discussions were held to regularise the title boundary. This resulted in an exchange of land being proposed whereby land would be transferred to Council and managed by the Wurruk Cricket Club in exchange for a nearby Council reserve.

The confidential attached documentation provides further detail regarding this matter.

OPTIONS

The following options are available to Council:

1. Offer to progress the land transaction at less than current market value; or 2. Offer to progress the land transaction at current market value; or 3. Withdraw from the transaction.

PROPOSAL

It is proposed that Council progress the land transfer at an agreed value. As included in the confidential attachments sufficient justification exists to allow Council to proceed on this basis taking into account legislative requirements, community outcomes and observing best practice principles.

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

Agenda - Ordinary Council Meeting of 16 April 2013 103

FINANCIAL IMPACT

Adoption of either option one or two will result in a financial consideration being provided to Council; in accordance with the provisions of the Subdivision Act 1988, the funds received by Council will need to be applied to alternative open space. Other financial impacts are detailed within the confidential attachments.

COMMUNICATION IMPACT

Should Council decide to progress the land transaction details of the proposal would be publically disclosed as required under the land sale provisions of the Local Government Act 1989 (Vic).

LEGISLATIVE IMPACT

Section 189 of the Local Government Act 1989 (Vic) obligates Council to provide public notice of the proposal, and to give consideration to any submissions received.

In the event that land is to be sold at less than current market value, Council should explain the circumstances that justify a lower value. A valuation must also be obtained which is not more than six months old. Council has a valuation current as of January 2013.

A further Council report will be provided as required and following the outcome of any public submission process. This report would be to seek a final resolution to complete the transfer.

COUNCIL POLICY IMPACT

Wellington Shire Council’s Policy for the Sale, Exchange and Acquisition of Land accords with best practice guidelines from the Department of Planning and Community Development. It states that transactions should be in the best interests of the community and provide the best result (financial and non-financial) for Council and the community. In instances were transactions are at less than market value, an explanation of the circumstances and reasons or factors should be provided.

RESOURCES AND STAFF IMPACT

This matter is being addressed within the existing resources of the Built Environment Business Unit.

COMMUNITY IMPACT

Progressing the transaction is not expected to impact positively or negatively on the wider community; the reserve is not required for public purposes.

CONSULTATION IMPACT

As outlined above, under the Local Government Act 1989, (Vic) Council would be required to consider submissions in the event that matter was progressed.

Agenda - Ordinary Council Meeting of 16 April 2013 104

RISK MANAGEMENT IMPACT

Legal advice has been obtained from Wellington Shire Council’s solicitor. Other risk management issues are considered within the confidential attachments.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

______

RECOMMENDATION

That:

1. Council resolves that the reserve designated for "Recreation, Drainage & Sewerage Purposes" in Plan of Subdivision LP219687E is not required for Council purposes. 2. Council advertises its intention to sell the reserve, as amended in Plan of Subdivision PS605989U, at less than the current market value, subject to the provisions of the Local Government Act 1989 section 189 and 223, including calling for submissions in relation to the proposed sale. 3. The information contained in the attached document and designated under Section 77 Clause (2)(c) of the Local Government Act 1989 as confidential by the General Manager Built and Natural Environment on 3 April 2013 because it relates to the following grounds under Section 89(2) of the Local Government Act 1989: d) contractual matters; f) legal advice; be designated confidential information under Section 77 Clause (2)(b) of the Local Government Act 1989.

Agenda - Ordinary Council Meeting of 16 April 2013 105

ORDINARY COUNCIL MEETING 16 APRIL 2013

On this 3rd day of April 2013, in accordance with Section 77 Clause (2)(c) of the Local Government Act 1989; I, Chris Hastie declare that the information contained in the attached document ITEM C4.4 LAND TRANSFER HERBERTE COURT, WURRUK is confidential because it relates to the following grounds under Section 89(2) of the Local Government Act 1989:

d) contractual matters f) legal advice

General Manager Built and Natural Environment (Delegate)

Confidential Agenda - Ordinary Council Meeting of 16 April 2013 106

ITEM C4.5 LIVESTOCK EXCHANGE FEASIBILITY DIVISION: BUILT AND NATURAL ENVIRONMENT ACTION OFFICER: MANAGER BUILT ENVIRONMENT DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management        

OBJECTIVE

For Council to receive confidential reports relating to the business case and economic impact study on the Sale Livestock Exchange project.

For Council to authorise the Chief Executive Officer (CEO) in consultation with the Sale Livestock Exchange Subcommittee (SLES) to negotiate with Victorian Livestock Exchange Pty Ltd (VLE) in relation to the future of the Sale Livestock Exchange.

BACKGROUND

Wellington Shire Council owns and leases the Sale Livestock Exchange to VLE. The lease commenced in 2002 and if options for extension of the lease are exercised the lease will run through to 2032. The lease for the Sale Livestock Exchange was transferred to VLE upon approval from Council on 31 January 2006.

For some time Council has been preparing a number of reports and cost estimates have been prepared relating to livestock exchange services in Wellington Shire. Consistent with these reports, in 2008 Council purchased land at Fulham to allow opportunity for the development of a new livestock selling facility.

On 13 March 2012, Councillors were presented with additional confidential reports to assist in considering any saleyards redevelopment. On 3 July 2012 Councillors were presented with an Economic Impact Study and Draft Discussion Paper.

Also provided were reports detailing the business case for various development and redevelopment options. These reports have been treated as confidential as they cover a range of commercial in confidence information relating to the livestock exchange.

The SLES have regularly met to consider reports and other issues and have played a key role in assessing and reviewing the various reports.

OPTIONS

Council to have the following options. It should be noted that the viability of some of the options are heavily reliant on significant increases in stock throughput:

1. Continue to maintain the existing lease and relationship with VLE for the remainder of the term of the lease; or 2. Initiate actions to facilitate an outcome as identified in one of the four options below: a) Full redevelopment of the existing site; b) Refurbishment of the existing site; c) Development of the new Fulham site; or d) Status quo / no redevelopment.

Confidential Agenda - Ordinary Council Meeting of 16 April 2013 107

PROPOSAL

That:

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

FINANCIAL IMPACT

Council has a proposed capital allocation on its 10 year capital plan relating to a saleyards project.

COMMUNICATION IMPACT

Council will continue to inform stakeholders on progress and provide updates at relevant milestones.

LEGISLATIVE IMPACT

A variety of legislative issues can be identified as related to saleyards, particularly in the area of OHS and animal welfare. VLE are required to meet these requirements in accordance with provisions within the lease.

COUNCIL PLAN IMPACT

This project is considered a Key Strategic Activity of Council and aligns with Councils 2030 strategic vision, particularly in the area of Economy.

RESOURCES AND STAFF IMPACT

Progress of this project will be managed within the Built and Natural Environment Division.

ENVIRONMENTAL IMPACT

Environmental practices and requirements at saleyards have been identified and managed through ongoing communication with agencies including Gippsland Water.

Agenda - Ordinary Council Meeting of 16 April 2013 108

7 CONSULTATION IMPACT

Consultation has been undertaken in a variety of ways, including through the recent completion of the economic impact study. Council will continue to consult with a range of stakeholders where appropriate.

RISK MANAGEMENT IMPACT

Risk Management impacts are addressed within the confidential attachment.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

______

RECOMMENDATION

That:

1. Council receive the attached confidential reports regarding the business case and Economic Impact Study relating to livestock exchange services; and 2. Council commit to improving the existing Sale Livestock Exchange to meet the needs of current and future users; and 3. Council authorise the Chief Executive Officer, in consultation with the Sale Livestock Exchange Subcommittee, to enter into confidential negotiations with the long term lessee Victorian Livestock Exchange Pty Ltd regarding improving the existing Sale Livestock Exchange; and 4. The Chief Executive Officer report back to Council at an appropriate time on the outcome of the confidential negotiations in relation to the future of the Sale Livestock Exchange; and 5. The information contained in the attached document and designated under Section 77 Clause (2)(c) of the Local Government Act 1989 as confidential by the General Manager Built & Natural Environment on 3 April 2013 because it relates to the following grounds under Section 89(2) of the Local Government Act 1989: h) any other matter which the Council or special committee considers would prejudice the Council or any person; be designated confidential information under Section 77 Clause (2)(b) of the Local Government Act 1989.

Agenda - Ordinary Council Meeting of 16 April 2013 109

ORDINARY COUNCIL MEETING 16 APRIL 2013

On this 3rd day of April 2013, in accordance with Section 77 Clause (2)(c) of the Local Government Act 1989; I, Christopher Hastie (Delegate) declare that the information contained in the attached document ITEM C4.5 LIVESTOCK EXCHANGE FEASIBILITY is confidential because it relates to the following grounds under Section 89(2) of the Local Government Act 1989:

(h) any other matter which the Council or special committee considers would prejudice the Council or any person

General Manager Built and Natural Environment (Delegate)

Agenda - Ordinary Council Meeting of 16 April 2013 110

C5 - REPORT

GENERAL MANAGER LIVEABILITY

Agenda - Ordinary Council Meeting of 16 April 2013 111

ITEM C5.1 GORDON STREET RECREATION RESERVE COMMITTEE OF MANAGEMENT MINUTES DIVISION: LIVEABILITY ACTION OFFICER: MANAGER HEALTHY LIFESTYLES DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management   

OBJECTIVE

To receive minutes from the Gordon Street Recreation Reserve Committee of Management’s Ordinary Meeting held on 14 February 2013.

BACKGROUND

The Gordon Street Recreation Reserve Committee is a Special Committee of Council under Section 86 of the Local Government Act 1989 and operates within the provisions of a Council approved Instrument of Delegation.

The objectives of the Committee are:

To manage, operate and maintain both the Gordon Street Recreation Reserve and the Heyfield Recreation Reserve for the community in an efficient, effective and practical manner. To undertake activities designed to protect, promote, utilise and develop both the Gordon Street Recreation Reserve and the Heyfield Recreation Reserve for the use and enjoyment of the local community.

As provided under the Committee’s Instrument of Delegation the minutes of all meetings are to be presented to Council. The minutes from the 14 February 2013 ordinary meeting were received at this office on the 13 March 2013 and highlight the day to day activities being undertaken by the Committee.

Conflict of Interest: It was noted that conflicts of interest were called for at the commencement of the meeting, with no conflicts being declared.

OPTIONS

Council has the following options:

1. To receive the minutes from the Gordon Street Recreation Reserve Committee of Management’s Ordinary Meeting held on 14 February 2013; or 2. Seek further information to be considered at a future Council Meeting.

PROPOSAL

To receive minutes from the Gordon Street Recreation Reserve Committee of Management’s Ordinary Meeting held on the 14 February 2013.

Agenda - Ordinary Council Meeting of 16 April 2013 112

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

LEGISLATIVE IMPACT

This report is in accordance with Section 91(4) of the Local Government Act 1989.

COUNCIL POLICY IMPACT

This report is in accordance with Council Policy 5.3.2 which establishes a framework for the guidance of Council in relation to the roles and responsibilities of Committees.

CONSULTATION IMPACT

Meetings held by the Gordon Street Recreation Reserve Committee of Management are open to the public.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

______

RECOMMENDATION

That Council receive the minutes from the Gordon Street Recreation Reserve Committee of Management’s Ordinary Meeting held on 14 February 2013.

Agenda - Ordinary Council Meeting of 16 April 2013 113

Agenda - Ordinary Council Meeting of 16 April 2013 114

Agenda - Ordinary Council Meeting of 16 April 2013 115

Agenda - Ordinary Council Meeting of 16 April 2013 116

Agenda - Ordinary Council Meeting of 16 April 2013 117

ITEM C5.2 GORDON STREET RECREATION RESERVE COMMITTEE OF MANAGEMENT – EXPENDITURE EXCEEDING DELEGATION DIVISION: LIVEABILITY ACTION OFFICER: MANAGER HEALTHY LIFESTYLES DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management   

OBJECTIVE

For Council to approve Gordon Street Recreation Reserve Committee of Management’s expenditure exceeding their delegation.

BACKGROUND

The objectives of the Committee are:

As provided under the Committee’s Instrument of Delegation, the Committee may not expend without the written approval of Council, total expenditure in any one financial year in excess of the approved annual budget, or expenditure on any single purchase order or item in excess of $4,000, or the sponsorship of any program or special event with a budget in excess of $4,000.

The following item is highlighted for Council’s information:

PG & JM O’Brien Plumbing and Gasfitting – payment of $4,296.00 including GST, being for replacement of lazerlite sheets on the basketball stadium roof.

OPTIONS

Council has the following options:

1, To approve the request from the Gordon Street Recreation Reserve Committee of Management for expenditure above the delegation; or 2. Seek further information for consideration at a future meeting of Council.

Agenda - Ordinary Council Meeting of 16 April 2013 118

PROPOSAL

That Council approve the request from the Gordon Street Recreation Reserve Committee of Management to make the payment which exceeds the committee’s current delegation.

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

LEGISLATIVE IMPACT

This report is in accordance with Section 91(4) of the Local Government Act 1989.

COUNCIL POLICY IMPACT

This report is in accordance with Council Policy 5.3.2 which establishes a framework for the guidance of Council in relation to the roles and responsibilities of Committees.

CONSULTATION IMPACT

Meetings held by the Gordon Street Recreation Reserve Committee of Management are open to the public.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

______

RECOMMENDATION

That Council approve the request from the Gordon Street Recreation Reserve Committee of Management to make the following payment which exceeds the Committee’s current delegation:

PG & JM O’Brien Plumbing and Gasfitting – payment of $4,296.00 including GST, being for replacement of lazerlite sheets on the basketball stadium roof.

Agenda - Ordinary Council Meeting of 16 April 2013 119

Agenda - Ordinary Council Meeting of 16 April 2013 120

Agenda - Ordinary Council Meeting of 16 April 2013 121

ITEM C5.3 GORDON STREET RECREATION RESERVE COMMITTEE OF MANAGEMENT MEMBERSHIP DIVISION: LIVEABILITY ACTION OFFICER: MANAGER HEALTHY LIFESTYLES DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management  

OBJECTIVE

For Council to appoint a Heyfield Football Netball Club representative to the Gordon Street Recreation Reserve Committee of Management, as detailed in the attached confidential report, for the remainder of the three year term.

BACKGROUND

The Gordon Street Recreation Reserve is a Special Committee of Council under Section 86 of the Local Government Act 1989 and operates within the provisions of a Council approved Instrument of Delegation.

The objectives of the Special Committee are:

To manage, operate and maintain the Gordon Street Recreation Reserve for the community in an efficient, effective and practical manner. To undertake activities designed to protect, promote, utilise and develop the Gordon Street Recreation Reserve for the use and enjoyment of the local community.

The Committee operates under a Terms of Reference which provides for the Council appointment of between 5 and 13 members for a three year term as follows:

One Councillor One Representative from the Heyfield Cricket Club One Representative from the Heyfield Football Netball Club One Representative from the Heyfield Junior Football Club One Representative from the Heyfield Basketball Club One Representative from the Heyfield Vintage Machinery Group One Representative from the Heyfield Pigeon Club One Representative from the Heyfield Tennis Club One Representative from the Heyfield Traders & Tourism Association Four representatives of the Community of Heyfield

OPTIONS

Council has the following options:

1. To appoint a Heyfield Football Netball Club representative to the Gordon Street Recreation Reserve Committee of Management, as detailed in the attached confidential report, for the remainder of the three year term; or 2. Seek further information to be considered at a future Council meeting.

Agenda - Ordinary Council Meeting of 16 April 2013 122

PROPOSAL

That Council appoint a Heyfield Football Netball Club representative to the Gordon Street Recreation Reserve Committee of Management, as detailed in the attached confidential report, for the remainder of the three year term.

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

LEGISLATIVE IMPACT

This report is in accordance with Section 91(4) of the Local Government Act 1989.

COUNCIL POLICY IMPACT

This report is in accordance with Council Policy 5.3.2 which establishes a framework for the guidance of Council in relation to the roles and responsibilities of Committees.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

______

RECOMMENDATION That:

1. Council pursuant to the provisions of Section 86 of the Local Government Act (1989), that Council appoint the nominated Heyfield Football Netball Club representative, as detailed in the attached confidential report, to the Gordon Street Recreation Reserve Committee of Management. 2. The information contained in the attached document and designated under Section 77 Clause (2)(c) of the Local Government Act 1989 as confidential by the Chief Executive Officer on 29 March 2013 because it relates to the following grounds under Section 89(2) of the Local Government Act 1989: (h) any other matter which the Council or special committee considers would prejudice the Council or any person; be designated confidential information under Section 77 Clause (2) (b) of the Local Government Act 1989.

Agenda - Ordinary Council Meeting of 16 April 2013 123

ORDINARY COUNCIL MEETING 16 APRIL 2013

On this 29 day of March 2013, in accordance with Section 77 Clause (2)(c) of the Local Government Act 1989; I, Glenys Butler (Delegate) declare that the information contained in the attached document ITEM C5.3 GORDON STREET RECREATION RESERVE SECTION 86 COMMITTEE OF MANAGEMENT MEMBERSHIP is confidential because it relates to the following grounds under Section 89(2) of the Local Government Act 1989:

(h) any other matter which the Council or special committee considers would prejudice the Council or any person

……………………………………………………….. General Manager Liveability (Delegate)

Agenda - Ordinary Council Meeting of 16 April 2013 124

ITEM C5.4 MAFFRA RECREATION RESERVE COMMITTEE OF MANAGEMENT MINUTES DIVISION: LIVEABILITY ACTION OFFICER: MANAGER HEALTHY LIFESTYLES DATE: 16 APRIL 2013

IMPACTS Financial Communication Legislative Council Council Resources Community Environmental Consultation Risk Policy Plan & Staff Management   

OBJECTIVE

For Council to receive the minutes from the Maffra Recreation Reserve Committee of Management’s Ordinary Meeting held on 4 February 2013.

BACKGROUND

The Maffra Recreation Reserve Committee is a Special Committee of Council under Section 86 of the Local Government Act 1989 and operates within the provisions of a Council approved Instrument of Delegation.

The objectives of this Committee are:

To manage, operate and maintain the Maffra Recreation Reserve for the community in an efficient, effective and practical manner. To undertake activities designed to protect, promote, utilise and develop the Maffra Recreation Reserve for the use and enjoyment of the local community.

As provided under the Committee’s Instrument of Delegation the minutes of all meetings are to be presented to Council. The minutes from the 4 February 2013 Committee meeting were received at this office on 1 March 2013 and highlight the day to day activities being undertaken by the Committee.

A quorum was not achieved at the meeting of 4 February 2013; these minutes will be ratified at the next meeting.

Conflict of Interest: It was noted that conflicts of interest were not called for at the commencement of the meeting as a quorum for voting was not achieved.

OPTIONS

Council has the following options:

1. Receive the minutes from the Maffra Recreation Reserve Committee of Management’s Ordinary Meeting held on 4 February 2013; or 2. Seek further information for consideration at a future meeting of Council.

PROPOSAL

That Council receive the minutes from the Maffra Recreation Reserve Committee of Management’s Ordinary Meeting held on 4 February 2013.

Agenda - Ordinary Council Meeting of 16 April 2013 125

CONFLICT OF INTEREST

No staff and/or contractors involved in the compilation of this report have declared a Conflict of Interest.

LEGISLATIVE IMPACT

This report is in accordance with Section 91(4) of the Local Government Act 1989.

COUNCIL POLICY IMPACT

This report is in accordance with Council Policy 5.3.2 which establishes a framework for the guidance of Council in relation to the roles and responsibilities of Committees.

CONSULTATION IMPACT

Meetings held by the Maffra Recreation Reserve Committee of Management are open to the public.

PUBLIC QUESTIONS AND COMMENTS FROM THE GALLERY

______

RECOMMENDATION

That Council receive the minutes from the Maffra Recreation Reserve Committee of Management’s Ordinary Meeting held on 4 February 2013.

Agenda - Ordinary Council Meeting of 16 April 2013 126

Agenda - Ordinary Council Meeting of 16 April 2013 127

Agenda - Ordinary Council Meeting of 16 April 2013 128

Agenda - Ordinary Council Meeting of 16 April 2013 129

Agenda - Ordinary Council Meeting of 16 April 2013 130

D1 URGENT BUSINESS

That the Wellington Shire Council supports in principle the proposition to create an expanded, regionally focused University with Monash University’s Gippsland Campus joining the University of Ballarat. This arrangement should:

1. . Offer increased flexibility in entry requirements giving more students the opportunity to study locally; and 2. Develop ways of delivering courses that work better for Gippsland including more online courses, greater integration of online and on-campus learning, outreach delivery within the Wellington Shire and better connectivity with regional education providers such as Advance TAFE and GippsTAFE; and 3. Focus more closely on the needs of local employers, students and communities; and 4. Expand the range and scope of relevant courses and research to meet local demand.

D2 FURTHER GALLERY AND CHAT ROOM COMMENTS

Agenda - Ordinary Council Meeting of 16 April 2013 131