Open Council Meeting Minutes 04/05/21

Minutes

Council Meeting Tuesday 4 May 2021 at 1:30 PM

Community Hall (and by video conferencing) Swifts Creek Community Hall 6869 Great Alpine Road Swifts Creek

Councillors Crs Mendy Urie (Mayor), Mark Reeves (Deputy Mayor), Arthur Allen, Sonia Buckley, Tom Crook, Jane Greacen OAM, Trevor Stow, Kirsten Van Diggele and John White

Vision

East Gippsland is the most liveable region in Australia. A place of natural beauty, enviable lifestyles, and opportunities.

Our Mission

A leading local government that works together with our communities to make East Gippsland the most liveable region in Australia.

Our Values

Accountability We will take responsibility for our actions and decisions in an open and transparent way.

Inclusion We will be accessible and active in engaging with our community. We will invite, listen to and seek to understand the views of others, and proactively share information about Council’s plans, projects, services and activities.

Integrity We will honour our commitments and conduct ourselves in an honest, ethical way.

Respect We will value, support and help to develop our diverse community. We will respect the views and contributions of others and act with courtesy and consideration in all our interactions.

Resourcefulness We will turn the challenges faced by our community into opportunities by being flexible and innovative in our response. We will actively seek better and more cost-effective ways to achieve the best outcomes for East Gippsland

East Gippsland Shire Council - Minutes 2 of 59 Council Meeting - Tuesday 4 May 2021

Index

1 Procedural ...... 5

1.1 Recognition of Traditional Custodians ...... 5

1.2 Apologies...... 5

1.3 Declaration of Conflict of Interest ...... 6

1.4 Confirmation of minutes ...... 6

1.5 Next meeting ...... 6

1.6 Requests for leave of absence ...... 6

1.7 Open Forum ...... 6

1.7.1 Petitions ...... 6

1.7.2 Questions of Council ...... 6

1.7.3 Public Submissions ...... 6

2 Notices of Motion and/or Rescission ...... 7

3 Deferred Business ...... 7

4 Councillor and Delegate Reports ...... 7

5 Officer Reports ...... 13

5.1 Strong Communities ...... 13

5.1.1 Community Projects Grant Program Funding Round 2 - 2020-2021 ...... 13

5.1.2 East Gippsland Shire Council Arts and Heritage Grants Round 2 2020-2021 .. 19

5.2 A Liveable Region ...... 25

5.2.1 Capital Works and Major Projects Quarter Three 20/21 Report ...... 25

5.2.2 Planning Permit Application - 61/2020/P - Two lot subdivision and variation of a restrictive covenant - 9 The Billabong METUNG ...... 32

5.3 Good Governance ...... 43

5.3.1 Council Special Charge Scheme Policy update ...... 43

5.3.2 Finance Report - period ending 31 March 2021 ...... 46

5.3.3 Proposed Lease of Land at Bairnsdale Aerodrome - Department of Environment Land Water and Planning...... 51

6 Urgent and Other Business ...... 57

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7 Confidential Business ...... 58

7.1 Agriculture Sector Advisory Committee Additional Members ...... 58

7.2 Sale of Council Land ...... 58

8 Close of Meeting ...... 59

East Gippsland Shire Council - Minutes 4 of 59 Council Meeting - Tuesday 4 May 2021

1 Procedural

1.1 Recognition of Traditional Custodians

Welcome to East Gippsland Shire Council’s meeting of 4 May 2021 here at Swifts Creek Community Hall and thank you to our community members in the gallery for attending this afternoon.

East Gippsland Shire Council live streams, records and publishes its meetings via webcasting (youtube.com/c/East Gippy TV) to enhance the accessibility of its meetings to the broader East Gippsland community.

These recordings are also archived and available for viewing by the public or used for publicity or information purposes. At the appropriate times during the meeting, any members of the gallery who are addressing the council will have their image, comments or submissions recorded.

No other person has the right to record Council meetings unless approval has been granted by the Chair.

The Victorian Government has amended the COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020 that enables Council meetings to be conducted by electronic means (videoconferencing) until 26 April 2022. The Minister for Local Government re-issued the Ministerial Good Practice Guideline for Virtual Meetings on 20 October 2020 outlining the provisions relating to the Local Government Act 2020 allow Councillors to attend Council meetings electronically, and the requirement where Council meetings are open to the public will be satisfied where the meeting is livestreamed. The amendments do not preclude Councillors from attending a meeting in person in the Council chambers.

Members of the public are invited to view the Council Meeting livestreamed by following the link on Council’s website or Facebook page.

East Gippsland Shire Council acknowledges the Gunaikurnai, Monero and the Bidawel people as the Traditional Custodians of the land that encompasses East Gippsland Shire.

We pay our respects to all Aboriginal and Torres Strait Islander people living in East Gippsland, their Elders past and present.

I would like to acknowledge the presence of the following Rotary Junior Community Award students from the Swifts Creek P-12 School in our Gallery this afternoon.

• Rayden Pooley • Xavier Newton • Seth Mills • Jake Donchi

1.2 Apologies

Nil

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1.3 Declaration of Conflict of Interest

Nil

1.4 Confirmation of minutes

Cr Mark Reeves / Cr Arthur Allen

THAT THE MINUTES OF THE ORDINARY COUNCIL MEETING 13 APRIL 2021 BE CONFIRMED. CARRIED

1.5 Next meeting

The next Council Meeting of 25 May 2021 to be held at the Corporate Centre, 273 Main Street Bairnsdale commencing at 6.00 pm.

1.6 Requests for leave of absence

Nil

1.7 Open Forum

1.7.1 Petitions

Nil

1.7.2 Questions of Council

1.7.2.1 Sealing of Road at the Entrance of the Swifts Creek Post Office and Service Station

Mr Stephen Crellin submitted the following question:

“The crushed rock driveway is constantly being ripped up by log trucks, busses, and public doing u-turns. I have been maintaining the potholes over the last 10 years as it is a public safety concern. Mr Crellin requested sealing of road at the entrance of the Swifts Creek Post Office and Service Station.”

The question was taken on notice, General Manager Assets and Environment to respond to Mr Crellin directly.

1.7.3 Public Submissions

Nil

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2 Notices of Motion and/or Rescission

Nil

3 Deferred Business

Nil

4 Councillor and Delegate Reports

4.1 Cr Mark Reeves

Cr Reeves spoke to his written report at folio 8

4.2 Cr Arthur Allen

Cr Allen spoke to his written report at folio 8.

4.3 Cr Kirsten Van Diggele

Cr Van Diggele spoke to her written report at folio 9.

4.4 Cr Sonia Buckley

Cr Buckley spoke on events attended over the past month; details of these events can be listened to in the recording of this meeting.

4.5 Cr John White

Cr White spoke on events attended over the past month; details of these events can be listened to in the recording of this meeting.

4.6 Cr Tom Crook

Cr Crook spoke on events attended over the past month; details of these events can be listened to in the recording of this meeting.

4.7 Cr Trevor Stow

Cr Stow spoke on events attended over the past month; details of these events can be listened to in the recording of this meeting.

4.8 Cr Mendy Urie

Cr Urie spoke to his written report at folio 10.

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COUNCILLOR WRITTEN REPORT

Cr Mark Reeves

Thanks you all for being here at Swifts Creek.

The last time I was here in a formal meeting was 2013 for a PCM and we were challenged by the acoustics then, too!

I’d like to acknowledge the community members here including the four young Rotarians with us from Swift’s Creek P-12 college.

I’d also like to acknowledge the communities of Tambo Crossing, Swifts Creek, Omeo, Benambra, Glen Willis/Glen Valley among others with whom we have met over the past two days. I sense a continuing element of fatigue and residual affectedness of the impacts of the fire and COVID 19 events of the last 18 months.

I will draw attention to ANZAC day on 25th at Orbost. I attended the Dawn Service and shared the story of Uncle Harry Thorpe. A local GunaiKurna man who served and died in the great war. His story was a delight to research and discover, and share: http://www.deadlystory.com/page/aboriginal-countrymap/ Aboriginal_Country_Completed/gunaikurnai/Elders_Role_Models/harry-thorpe

There was a positive turnout to the Future of Orbost Project last Thursday. This project is an initiative of the Orbost Chamber and Latrobe Valley Authority. LVA as carriage of distributing State Government Timber Transition Funding. It was upbeat and positive. A particular acknowledgement to Tim Cotter who coordinated the event as Special Project Coordinator of Orbost Chamber of Commerce.

A hearty congratulations to Sallie Jones and Steve Reynolds form Gippsland Jersey, and Alister Steel from Marlo. Sallie and her innovative approach to milk and marketing, using the three pillars of milk (product), kindness and mental health is an amazing and innovative business approach. Alister has recently installed four robotic milkers in his dairy. It has changed his work and knowledge base, changed the dairy, changed the herd…and amazing transformation. These two exemplars of best contemporary practice, innovative practice, were and are recognised for their enterprise and creativity. It reinforced to us that the new industries in our areas will require skilled people in the new industries, exciting and creative industries. The dairy industry will not be seeking milkers, but data technicians, analysts, technicians and agronomists to maximise the positive impacts of this new and changing way dairy will operated in future. As a shire, we have a great chance to embrace and support these new and innovative industries.

Cr Arthur Allen

On March 15th, along with Mayor Mendy, I met with the Minister for Agriculture Mary Anne Thomas to inspect the before of the Bullock Island Project and to announce funding for the project. As well we had a quick tour of the LEFL facility and discussed the new cafe and viewing area that LEFL is developing.

The East Gippsland Field Days were a great event and very well attended. I attended on both days and met people from across the shire.

In the week just gone I have attended the Dahlsens evening where they announced their plans for the future of their business in our region, the Business Breakfast at G J Gardner Homes Bairnsdale and the "looking to the future" evening at Orbost. Each of these events

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were a great chance to meet people in the business community and to hear first-hand their aspirations and frustrations. Also last week, along with Mayor Mendy, Councillor Stow, Councillor Buckley and our CEO Anthony Basford and I inspected Broadlands View Affordable Retirement Village.

Friday April 30, I attended the opening of the Hospital Creek Bridge at Wairewa, another milestone in this community’s recovery from the devastating fires of 2019/2020.

Cr Kirsten Van Diggele

YACVic Youth Activators On the 17th of April, I was invited to open up the launch of the YACVic Youth Activator advocacy projects. The main of Youth Activators is to support and upskill young people via the development of an advocacy-based project that they wanted to create, and for the project to be presented and further developed in their local communities. Following the bushfires, the program was repurposed to focus on bushfire affected communities, with RSPCA coming onboard as the main sponsors and the projects were focused on animals or the environment. There were a few young people from regional areas across Victoria but two from East Gippsland. Chris is from Club Terrace and Willow is from Bairnsdale and they both came up with incredibly amazing advocacy projects, in which I hope to support in order to become sustainable in our community.

Disability Advisory Committee On the 26th of April, I attended the Disability Advisory Committee. The committee continued their conversations and advocacy for access training for Council staff, the Jemmy’s Point Lookout, and inclusion and access in Bushfire Recovery Committees.

GELLEN AGM and Anniversary I attended the GELLEN AGM and 20th anniversary. We had a chance to meet the GELLEN team and learn about the great work that has been undertaken in the last 20 years to upskill, develop the knowledge, and provide opportunities for young people to fulfill their personal aspirations and succeed in their pathways through education into work. We heard from guest speaker Helena Rooks – CEO Victorian Applied Learning Association, who spoke about the future of schooling is changing with the phase out of the Victorian Certificate of Applied Learning (VCAL).

Dahlsens Family Event

EGMI Business Breakfast I attended the East Gippsland Marketing business breakfast at GJ Gardner in Main Street, Bairnsdale. I used this opportunity to connect with local business owners and learn about the challenges facing the building industry at the moment. We were informed of the challenges in regards to sourcing materials in a timely matter and the inability to source certain products locally since COVID19. They also mentioned the challenge with demand, stating that other builders have ‘turned customers away’, when they’re aiming to ensure that everyone can build their home whilst acknowledging there is a long wait.

Buchan ANZAC Day I had the opportunity to attend the Dawn Service and Gunfire Breakfast BBQ in Buchan for ANZAC day. I used the opportunity to spend the night in Buchan and use the time to hear the voices of community members about their issues and ideas for the community. I had a chance to have a conversation with the publican, who stated that the past year has been challenging but there remains challenges in the ability to meet demand, given how many people are now travelling in their own backyards. It was great to meet local community members at the services and acknowledge the rich history of the families from Buchan who served in World War 1.

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East Gippsland Field Days I, alongside other Councillors, attended the East Gippsland Field Days and had the opportunity to engage with community members. It was very valuable to have Councillor presence there and to be able to be out and about at a public event where people could share their thoughts, ideas and issues with Councillors.

Cr Mendy Urie

Community

• 17th April 2021 - 5 hour streamed event hosted by DELWP “Sharing Stories of Nature” … an interesting and informative session about some of the research and recovery work being done in EG post fires. Inspiring to have a glimpse of the extensive work being done by a variety of groups and organisations.

• 21st April 2021 - ‘Say it Loud in Your Crowd” online launch of YACVIC Rural program guide to support improved mental health in young people, addressing some of the barriers to seeking and getting help; 4 elements : Information, Services, How to plan and coordinate a conversation event and guide to facilitate the event.

• 22nd April 2021 - (with Cr White) Gathering of Three Troop Tunnel Rat Veterans at the RSL. This group normally meets every 2 years, but due to COVID it had been 3 years since the last gathering. Some very moving conversations amongst people who obviously share some deep history. Congratulations to Ginny and Bob Hewett for organising.

• 23rd April 2021 - Opening of St Vincent DePaul assistance Centre. Cr White and I have visited here before and have been impressed with the dedication of the people who volunteer to help those most in need. In particular people are able to shower, wash clothes, collect essential food and toiletries and be referred for other help as needed.

• 23rd April 2021 -I had the pleasure of opening local artist, Linden Dean’s exhibition at EGAG. Highly recommended for a visit, there is so much love and respect for Linden as she has built her career as a contemporary naïve artist locally but has become widely known well outside our area, including overseas.

• 24th April 2021 - Interviewed by Craig Bush for local ABC radio from the Field Days, then stayed on in the EGSC tent to meet and speak with people. Field Days were fabulous success by all counts and proud that EGSC were able to support the organisers.

• 24th April 2021 - Proudly attended the launch of Orbost Studio for Dance Research. Ros Crisp has settled back in Orbost (originally form Swifts Creek) from Europe with partner, Andrew and with the help of a Federal Grant will be taking Artists in residence to their refurbished studio. Using F2F and virtual contact for local and international students, this is another very exciting emerging venture for Orbost utilising the increased possibilities due to good internet connection.

• 25th April 2021 - Attended Anzac Day Dawn service in Bairnsdale.

• 26th April 2021 - (with other Councillors and EGSC staff) Dahlsen’s Drinks and viewing of planned expansions.

• 27th April 2021 - (With other Councillors and EGSC Exec) Attended showing of Broadlands Affordable Retirement Living.

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• 29th April 2021 - EGMI Business breakfast at G.J. Gardner Homes showrooms in Bairnsdale.

• 29th April 2021 - Lindenow Community Art Mural opening. Wonderful project with Lindenow Primary school, led by teacher, Pauline Crunden and artist Tracey Johnson and made possible by an EGSC Arts & Heritage grants program, this beautiful project is now mounted for all to admire on the fence in the Amy Shand memorial park.

• 29th April 2021 - GELLEN celebrated their 20-year anniversary. Gippsland East Local Learning and Employment Network … 20 years of successful partnerships in our local community.

• 29th April 2021- (with other Councillors) attended “Looking to the Future of Orbost” event. First gathering and telling of some great stories from in and around Orbost. Further conversations will be held to identify the new thinking and patterns and collaborations which are already taking place which will ensure a positive future for Orbost.

• 3rd – 4th May 2021 - Councillor and EGSC staff visit to Tambo Crossing, Swift’s Creek, Omeo and Benambra with Council meeting in Swift’s Creek on Tuesday 4th May.

Representation • 15th April 2021 - (with Cr Allen) Visit by Minister Hon Mary-Anne Thomas, Minister for Regional Development, to view the Bullock Island masterplan works and café development. An important and exciting addition to attractions at Lake Entrance.

• 15th April 2021 - Zoom meeting with Deliberative engagement panel working on community vision and Council plan to provide a report on Council’s latest discussions.

• 16th April 2021 - One Gippsland meeting in Morwell. F2F. A lot going on in this regional space. Minutes will be available to Councillors through the Councillor’s portal.

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• 21st April 2021 - First Local Government Mayoral Advisory Panel meeting. On-line. Interesting to meet the14 other members … who are from diverse LG areas across Victoria. Of note, Rt Hon. Sally Capp spoke about the strong working relationship which was formed during the immediate aftermath of the Black Summer bushfires with the EGSC. By all counts this assistance was extremely generous and helpful to our council. Next meeting 2nd June.

• 22nd April 2021 - EG Bushfire Recovery Committee meeting. A multi-agency overview of what’s happening in the CRC’s across our Shire.

• 22nd April 2021 - Food & Fibre board meeting in our council chamber. Don’t normally attend these meetings but the CEO and I were invited as guests. Very exciting group who are part of One Gippsland, so have a regional focus and interest in many new, emerging and potential economic opportunities in Food & Fibre.

• 23rd April 2021 - Represented Council at the Nagle College Anzac Day service. It was an honor to be welcomed as a guest along with distinguished guests from the RSL for this solemn occasion.

• 27th April 2021 - (With CEO) were guests of the BOM and exec of TAFE Gippsland to an evening meeting. Great to meet the Chair and CEO as well as the senior exec hear about the activities and plans for the future of their organisation. This is an extremely important relationship for EGSC and we will be staying in contact.

• 30th April 2021 - Online VLGA event which outlined the new Gender Equality Act and how Local Councils will need to comply.

• 30th April 2021 - (With other Councillors) opening of the new Hospital Creek Bridge in Wairewa. Wonderful community event which not only benefits the local community and visitors to Wairewa but marks the end of Council’s timber bridge program, rebuilding bridges which were burnt in the Black Summer fires. Followed by a really lovely afternoon tea and opening of a new playground at the Wairewa community hall.

• 1st May 2021 - Attended the graduation of the first ever Federation Uni Business School MBA course in Lakes Entrance.

16 people graduated. Joyous occasion with families and friends. (including EGSC officer, Sam McPherson) Varied ages and life-experience. There were 2 babies born during the time … so people were juggling families, work and other responsibilities. “There are some seriously intelligent people in East Gippsland” (quote). Acknowledgement must go to former Councillor and Mayor, Joe Rettino for being instrumental in getting this course off the ground which will bolster the educational levels. There is another course running (from Churchill campus with 70 participants including some from East Gippsland). EGSC will stay in close contact with Fed Uni to discuss future opportunities.

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5 Officer Reports

5.1 Strong Communities 5.1.1 Community Projects Grant Program Funding Round 2 - 2020-2021

5.1.1 Community Projects Grant Program Funding Round 2 - 2020-2021

Authorised by General Manager Place and Community

Conflict of Interest

Officers preparing this report have no conflict of interest to declare.

Executive Summary

The East Gippsland Shire Council’s Community Projects Grant program provides funding opportunities for East Gippsland based community groups and organisations. Through this program, Council supports a wide range of projects that strengthen our communities, encourage environmental sustainability, social connection, health and well-being, and social inclusion and cultural diversity.

The objective of the Community Projects Grants Program is to provide local community- based organisations the opportunity to access funding for a variety of needs and initiatives in a manner that is open, transparent and accountable.

The community value-adding aspect of the program means that Council achieves more value for each dollar expended than would be the case for projects without these partnerships. All funding is provided on a matched dollar for dollar basis.

The current grant round attracted 22 applications, 14 of which had been recommended for funding. 1 application has subsequently withdrawn application due to being recommended and successfully receiving alternative funding. Applications that were not recommended for funding due to ineligibility or other reasons, will be contacted and supported to further develop their projects in order to access future funding rounds or other funding opportunities.

Officer Recommendation

That Council:

1. receives and notes this report and all attachments pertaining to this report; and

2. endorse the recommendations for funding through the East Gippsland Shire Council Community Projects Grant Program outlined in Attachment 1. Summary below.

Funding Total number of Funding Total Project Number of projects Program applications Recommended Investment Recommended Community 22 $ 60,322.00 $ 151,427.00 14 Projects

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Recommended Organisation Project Brief Description Recommended Total Project amount

East Gippsland East Gippsland Facility upgrade/ $ 5,000.00 $11,150.00 Performance Performance and sand arena + and Quarter Quarter Horse shelter Horse Association Facilities Association Upgrade

Omeo & District Portable Shorn Sheep Temporary $ 3,448.00 $ 6,896.00 Agricultural & Yards holding pens Pastoral Association Inc East Gippsland Gippsland Men’s Community $ 5,000.00 $ 9,985.00 Men's Health Health Forum event will be run in line with National men's health Week 2021 Goongerah Nest box and fauna Installation and $ 3,980.00 $ 7,970.00 Landcare restoration monitoring equipment

Bairnsdale Four Defib or Die DEFIB $ 1,500.00 $ 3,017.00 Wheel Drive equipment Social Club Inc

Bairnsdale clay Ball Trap upgrade training facility $ 5,000.00 $10,450.00 target club upgrades. Bianca Basset Legless and Blind Delivery of a $ 5,000.00 $10,000.00 community strengthening and empowerment program. Glenaladale Glenaladale Rec Develop a $ 5,000.00 $10,000.00 Recreation Reserve Strategic 5-10 coordinated Reserve Year Master Plan strategic plan

Mallacoota Gun Clubroom Awning shade and $ 5,000.00 $25,000.00 Club shelter upgrade

DA Dragons DA Gippsland Upgrade to $ 2,400.00 $ 4,850.00 Abreast Waratahs Safety Safety Gippsland Upgrade (Breast equipment and Waratahs Cancer support shelter group/Dragon Boat)

Rivera Riders Cycling Safer in East Community bike $ 4,000.00 $ 8,000.00 Gippsland safety Education session

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Australian Marine Mammals Primary and $ 4,994.00 $10,139.00 Marine Mammal Making a Splash in secondary Conservation Education schools Foundation environmental education program East Gippsland Howitt Park Nets Club $ 5,000.00 $23,320.00 United Football replacements due to infrastructure Club vandalism replacement

Bairnsdale and Old Time Ballroom Community $ 5,000.00 $ 10,650.00 District Old Time Dancing Annual Ball event/ Weekend Dance Group Weekend inc.

TOTALS $ 60,322.00 $151,427.00

Cr Tom Crook / Cr Trevor Stow

THAT THE RECOMMENDATION BE ADOPTED

CARRIED Background

There are two funding rounds each financial year. Round two of the Community Project Grants opened on Wednesday 6 January 2021and closed on Wednesday 3 March 2021. Applications in this round must be for projects that start after mid-May 2021. The grant round was advertised by direct email to community groups, in Community newsletters, local newspapers, through the East Gippsland Shire website and on the East Gippsland Shire Council Facebook page.

The round attracted 22 applications, requesting a total of $89,106.21 to support projects with a total project value of $211,257.00. A list of all applications received can be found in Attachment 2.

Before the grant round opened the Grant Guidelines Attachment 3 were updated to reflect date and program staff changes.

Legislation

On 24 March 2020 the Government passed the Local Government Act 2020 (the new Act). Provisions from the new Act are being commenced in four stages. The first tranche of provisions commenced on 6 April 2020 with other tranches commencing on 1 May 2020 and 24 October 2020. All remaining provisions are commencing on 1 July 2021. The Local Government Act 1989 applies in circumstances where the new Act has not commenced.

The East Gippsland Shire Council is required to make decisions under both Acts as the transition occurs. Council has implemented mechanisms to ensure decisions are made according to the relevant provisions of either the Local Government Act 1989 or the Local Government Act 2020 as in force at the date of the decision.

This report has been prepared in accordance with Local Government Act 2020

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106 Service performance principles

(1) A Council must plan and deliver services to the municipal community in accordance with the service performance principles; (2) The following are the service performance principles— (a) services should be provided in an equitable manner and be responsive to the diverse needs of the municipal community; (b) services should be accessible to the members of the municipal community for whom the services are intended; (c) quality and costs standards for services set by the Council should provide good value to the municipal community;

The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights detailed in the Victorian Government’s Charter of Human Rights and Responsibilities Act 2006.

Collaboration

Pursuant of section 109(2) of the Local Government Act 2020 this report has been prepared in collaboration Not applicable

Council Plan

This report has been prepared and aligned with the following goals set out in the Council Plan 2017-2021:

Strong Communities Goal 1 - East Gippsland has connected, inclusive and vibrant communities.

A Liveable Region Goal 1 - East Gippsland has safe, accessible and well utilised open spaces and built environments that reflect the priorities of our community.

Connection to the Council Plan or Adopted Strategy by recommended Community Project Applicants can be found in Attachment 4

Council Policy

Council historically support budget allocation for two rounds of Community Project Grants in the annual budget.

This program aligns with the Service Performance Principles in the Local Government Act 2020 that suggest services should be provided in an equitable manner and be responsive to the diverse needs of the municipal community.

Process

The process for assessment of the applications requires a minimum of three people to assess and score each application against program specific criteria. The Officers also provide comments as part of the assessment process to be used as feedback to any applicants that request it.

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The Community Projects Program Assessment Panel consists of:

 Coordinator Community Programs  Arts and Cultural Coordinator  Youth Engagement Officer

Applications are assessed against the grant program criteria and guidelines and each proposed project is discussed at the Grants Program Assessment Panel meeting where the panel considered each of the applications based on the eligibility and specific program criteria within the East Gippsland Shire Council Grants Guidelines Attachment 3

The purpose of the assessment panel is:

 to review, assess and provide objective, independent recommendations to Council in relation to funding for grants;

 assess potential risks associated with the proposed project; and

 to ensure that the guidelines and assessment criteria have been applied consistently and equitably for all applications.

It was identified that a number of applications received did not meet the eligibility criteria and subsequently the panel were unable to recommend these applications for funding.

The Grants Program Assessment Panel’s recommendations for funding allocations are detailed at Attachment 1.

Options

The 14 recommended applications from the 22 received are detailed in Attachment 1. All applications received were assessed against the grant guidelines and eligibility criteria found in Attachment 3. Grants that did not meet the eligibility criteria, rated low on the assessment criteria, were assessed as offering low/no community benefit, or if there were other funding streams better suited for the proposed project were not recommended to be funded.

Support and feedback will be offered to unsuccessful applicants to assist them to further develop their project applications in order to access either future funding rounds through Council or through other funding opportunities outside of Council.

Resourcing

Financial

The 2020/2021 budget allocation for the Community Project Grants is $111,000.00 $4,500.00 is allocated to the SmartyGrants program usage fee. The remaining $106,500.00 is for allocation across Round 1 and 2. Fund are evenly distributed between the two rounds.

The round one period was influenced by significant project delivery challenges for our community which has resulted in an underspend of $11,138.00 due to successful projects receiving alternate funding, being unable to meet funding agreement criteria or project delivery capacity or priority changes. Officers have supported groups and organisations with timeline flexibility and extensions to project delivery as is appropriate.

Round one underspend has been added to Round two budget which equates to a further two projects being recommended.

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Plant and equipment

Not applicable

Human Resources

Council Officers are not involved in the implementation or project management of any funded projects, this remains the sole responsibility of the applicant.

Council Officers in the Community Engagement Unit are responsible for the administration of the Community Grants Programs

Risk

The risks of this proposal have been considered and have been assessed as minimal impact. Management through officer support to address incidents of backlash and supported processes are in place through communications.

Economic

The Community Projects recommended amount to a total contribution of $60,322.00 from Council if endorsed, but generate a total investment of $151,427.00 overall, with the 50% matching criteria required.

Social

Through this program, Council supports a wide range of projects that strengthen our communities, encourage environmental sustainability, social connection, health and wellbeing, and social inclusion and cultural diversity.

The Community Grant Guidelines have been developed to align with the priorities communicated through the Community vision, The Council Plan, The Municipal Health and Wellbeing Plan, and various other Council Strategies, such as the Municipal Early Years Plan, the Youth Engagement Strategy, the Diversity and Social Inclusion Plan, the Reconciliation Action Plan, and Ageing Well in East Gippsland.

Environmental

Assessment and scoring of projects were in consideration of environmental and community impacts. Some individual projects have direct and specific positive environmental impacts.

Climate change

This report has been prepared and aligned with the following Climate Change function/category:

This report is assessed as having no direct impact on climate change.

Engagement

The proposed funding opening round dates have been advertised on the Council website since July 2019. Round 2 advertisements commenced in December 2020 and were published in local newspapers as well as community newsletters and social media. Email dissemination advertising information sessions and the funding round were sent utilising existing community and sector networks, Service Centres and Neighbourhood House’s.

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Application guidelines were made available on the Shire website and printed copies at all the Service Centres.

Applicants were invited to contact the programs staff for information regarding:

 Completing applications correctly;

 Budget assistance;

 Understanding timelines and processes involved;

 Need for supporting documentation; and

 Importance of acquitting the grant and acknowledging Council for the support.

This provides the potential applicants with an opportunity to seek advice and become competent in completing funding applications. In turn, they may then be confident in applying for alternative grants from other funding bodies.

Due to COVID-19 restrictions Council grants information sessions were held online through an online platform and an information session presentation has been made available via YouTube.

The Information sessions are conducted to assist community members with their project queries, to give examples of successful projects, advise on how to plan and write a project budget and to connect community with the appropriate program staff.

Multiple online and phone support meetings between program staff and applicants were also held in the lead up to the closing date.

Attachments

1. Recommended Applications Round 2 Community Projects 2020 2021 [5.1.1.1 - 3 pages] 2. All Applications Round 2 Community Projects 2020 2021 [5.1.1.2 - 4 pages] 3. Community Grants Guidelines Round 2 2020 2021 [5.1.1.3 - 14 pages] 4. Connection to Council Plan Applications Round 2 Community Projects 2020 2021 [5.1.1.4 - 7 pages]

5.1.2 East Gippsland Shire Council Arts and Heritage Grants Round 2 2020-2021

East Gippsland Shire Council - Minutes 19 of 59 Council Meeting - Tuesday 4 May 2021

5.1.2 East Gippsland Shire Council Arts and Heritage Grants Round 2 2020-2021

Authorised by General Manager Place and Community

Conflict of Interest

Officers preparing this report have no conflict of interest to declare.

Executive Summary

The East Gippsland Shire Council supports a wide range of projects and innovative activities through its grants program. This report is in relation to the Arts and Heritage Grants program.

The objective of the East Gippsland Shire Council Arts and Heritage grants program is to provide local individuals (artists) and organisations the opportunity to access funding for a variety of needs and initiatives in a manner that is open, transparent and accountable. It offers support to individuals (artists) and local organisations to present and / or develop arts activity and heritage projects. The program aims to foster a strong sense of local identity, creativity and community spirit.

Officer Recommendation

That Council:

1. receives and notes the report and all the attachments pertaining to this report; and

2. Adopts the recommendations for funding through the East Gippsland Shire Council Arts and Heritage Grants program as follows:

Applicant Project Title Funding Amount

Ms. Tiffany Vatcher Alice in Wonderland: An Outdoor $8,000.00 Pantomime Ms. Sofie Dieu Auspice by Art and Wellbeing Guidebook $2,300.00 East Gippsland Art Gallery East Gippsland Performing East Gippsland Performing Arts $3,500 Arts Eisteddfod Inc Eisteddfod 2021

Wacky Wombat Wacky Wombat Youth Project $3,500 Entertainment Peta Smith. Historic Yacht 'Metung' $3,300.00 Metung 4 Metung Restoration Stage 1 Incorporated

East Gippsland Shire Council - Minutes 20 of 59 Council Meeting - Tuesday 4 May 2021

Cr Arthur Allen / Cr Sonia Buckley

THAT THE RECOMMENDATION BE ADOPTED

CARRIED Background

OFFICER COMMENT / CONTEXT

Discussion

Round two of the Arts and Heritage grants programs opened on Wednesday 6 January 2021 and closed on Wednesday 3 March 2021. The grant round was advertised by direct email to community and arts groups, local newspapers, through the East Gippsland Shire website, and on BraveArtsEG and the East Gippsland Shire Council Facebook pages.

The current round attracted eight applications requesting a total of $53,277.00 to support projects, with a total project value of $193,099.00 (refer Table 1 for a category breakdown). A list of all applications received can be found in Attachment 1.

Before the grant round opened, the Guidelines Attachment 2 were updated to reflect date changes only.

Table 1

All Funding Applications for the East Gippsland Shire Council Arts and Heritage Grants Program Round Two 2020-2021

Funding program Funding requested Total Project Number of Investment applications Major Arts $30,000.00 $50,000.00 3 Projects Arts Projects $18,277.00 $119,099.00 4 Heritage Projects $5,000.00 $24,000.00 1 Total $53,277.00 $193,099.00 8

Legislation

On 24 March 2020, the Government passed the Local Government Act 2020 (the new Act). Provisions from the new Act are being commenced in four stages. The first tranche of provisions commenced on 6 April 2020 with other tranches commencing on 1 May 2020 and 24 October 2020. All remaining provisions are commencing on 1 July 2021. The Local Government Act 1989 applies in circumstances where the new Act has not commenced.

East Gippsland Shire Council - Minutes 21 of 59 Council Meeting - Tuesday 4 May 2021

Council Plan

This report has been prepared and aligned with the following goals set out in the Council Plan 2017-2021:

Strong Communities Goal 1 - East Gippsland has connected, inclusive and vibrant communities.

Council Policy

The recommendations included in this report are consistent with the Council Plan 2017- 2021:

Increase people’s skills and capabilities to participate in their community and make a difference.

1. Deliver creative programs, services and activities that encourage people of all ages, cultures and means to participate in their communities, including through lifelong learning opportunities;

2. Provide activities and events that strengthen and celebrate the diverse cultural identity of our communities; and

3. Provide programs that support the development, capacity, and services of community

Resourcing

Financial

The Arts and Heritage funding allocation for 2020/2021 is $50,000.00. $5,000.00 is set aside to distribute annually via the Arts and Heritage Quick Response Grants of up to $500.00 each. $3,000.00 is set aside to pay for the Arts and Heritage proportion of the annual SmartyGrants program fee. The remainder of that fee ($12,000 annually) is paid by Community Grants and Regional and District Event grants, leaving $42,000.00 for the Arts and Heritage for rounds 1 and 2. The funding allocated in Round one of the Arts and Heritage grants was $21,380.00; leaving a pool of $20, 620.00 for Round two applications.

Human Resources

Council Officers are not involved in the implementation or project management of any funded projects, this remains the sole responsibility of the applicant.

Council Officers in the Council Enterprises Unit are responsible for the administration of the Arts and Heritage Grants Programs.

The process

East Gippsland Shire Council - Minutes 22 of 59 Council Meeting - Tuesday 4 May 2021

The Arts and Heritage Program Assessment Panel consists of:

• Manager Council Enterprises • Arts and Culture Coordinator • Forge Theatre and Arts Hub Manager.

After the applications are assessed and scored, they are then individually discussed at a Grants Program Assessment Panel meeting (Skype) where the panel considered the eight Arts and heritage Project applications based on the eligibility and specific program criteria within the East Gippsland Shire Council Grants Guidelines (Attachment 2).

The Grants Assessment Panel was attended by:

• Manager Council Enterprises • Forge Theatre and Arts Hub Manager • Arts and Culture Coordinator • Rural Health Access Officer

The purpose of the assessment panel is:

• to review, assess and provide objective, independent recommendations to Council in relation to funding for grants; and • to ensure that the guidelines and assessment criteria have been applied consistently and equitably for all applications.

The Grants Program Assessment Panel’s recommendations for funding allocations are detailed at Attachment 3.

Risks

Economic

Nil

Social

Applicants are asked to make a connection between their projects and the Council Plan or adopted strategy. A table of connections outlined how each of the recommended Arts and Heritage Project grants link to the Council plan can be found at Attachment 4.

Environmental

Nil

Climate change

This report has been prepared and aligned with the following Climate Change function/category:

This report is assessed as having no direct impact on climate change.

Engagement

The funding round dates have been on the Council website for over 6 months. Advertisements were published in local newspapers as well as BraveArtsEG and Councils social media pages.

East Gippsland Shire Council - Minutes 23 of 59 Council Meeting - Tuesday 4 May 2021

Advertising in local newspapers as well as in Councils social media page and website about the four information sessions in February 2021 information flyers about the funding round were sent to Service Centres and Neighbourhood House’s before the sessions to inform the community of the funding round.

Application guidelines were made available on the Shire website.

Applicants were invited to contact the Arts and Culture Coordinator for information regarding:

• Completing applications correctly. • Budget assistance. • Understanding timelines and processes involved. • Need for supporting documentation; and • Importance of acquitting the grant and acknowledging Council for the support.

Four Council grants information sessions were held via Skype in February 2021, two during the day and two in the evening to allow access for community members

Multiple one-on-one skype meetings between program staff and applicants were also held in the lead up to the closing date.

Attachments

1. Arts and Heritage grants All applications Round 2 2020-2021 [5.1.2.1 - 5 pages] 2. EGSC Community Grants Guidelines Round 2 2020-2021 [5.1.2.2 - 14 pages] 3. Arts and Heritage grants Recommended Round 2 2020-2021 [5.1.2.3 - 3 pages] 4. Arts and heritage grants recommended Round 2 2020-2021 Connection to Council Plan [5.1.2.4 - 5 pages]

East Gippsland Shire Council - Minutes 24 of 59 Council Meeting - Tuesday 4 May 2021

5.2 A Liveable Region 5.2.1 Capital Works and Major Projects Quarter Three 20/21 Report

5.2.1 Capital Works and Major Projects Quarter Three 20/21 Report

Authorised by General Manager Assets and Environment

Conflict of Interest

Officers preparing this report have no conflict of interest to declare.

Executive Summary

As part of the delivery and monitoring of the annual Capital and Major Projects program, a quarterly review of the program is provided to Council. This report summarises the progress of Capital Works and Major Projects 2020-21 for the program up to the period ending 31 March 2021 (Quarter 3). A snapshot of this activity is provided in the table below and outlines in more detail through the body of the report and attachments. Pleasingly as at the end of Quarter 3 92.25% of the forecast budget had been expended or committed.

Q1 Q2 Q3 30/9/20 31/12/20 31/3/21

Total Adopted Budget $66.98 m including actual carry forwards

Identified Carry Forwards to 21/22 0 ($6.92 m) ($10.74 m)

Identified Bring Backs from 21/22 0 $0.8 m $0.8 m

Other Budget variances 20/21 ($0.14 m) ($1.89 m) ($1.16 m)

Revised Forecast $66.84 m $58.83 m $47.73 m

Q1 YTD Q2 YTD Q3 YTD 30/9/20 31/12/20 31/3/21

Actual Expenditure $4.94 m $14.18 m $23.90 m

Committed Expenditure $16.59 m $18.06 m $20.13 m

Percentage Capital Works Delivered or in 32.21% 54.80% 92.25% Delivery (against Forecast)

Percentage Capital Works Delivered or in 32.14% 48.13% 65.74% Delivery (against Adopted Budget)

East Gippsland Shire Council - Minutes 25 of 59 Council Meeting - Tuesday 4 May 2021

Officer Recommendation

That Council:

Receives and notes the Capital Works and Major Projects Report 20/21 for the quarter ending 31 March 2021 and all attachments pertaining to this report.

Cr Tom Crook / Cr Trevor Stow

THAT THE RECOMMENDATION BE ADOPTED

CARRIED Background

This report details the progress of Capital Works and Major Projects 20/21 for period up to 31 March 2021. The report will also be provided to the Audit and Risk Committee for their consideration at the next Audit and Risk Committee meeting.

2020/21 commenced with an adopted budget plus actual carry forwards of $66.98 million. This has been revised to $47.73 million during quarter three to reflect changes detailed in Attachment 1. Year to date $17.66 million carry forwards and $0.8 million bring backs were identified.

As at 31 March 2021, $44.03 million (92.25% of total revised budget) was expended or committed to works within the program.

Capital Works and Major Projects to 31 March 2021 80,000,000

70,000,000

60,000,000

50,000,000

40,000,000

30,000,000

20,000,000

10,000,000

0 Q1 Q2 Q3 Q4

Actual Actual + Committed Revised Forecast Adopted Budget

East Gippsland Shire Council - Minutes 26 of 59 Council Meeting - Tuesday 4 May 2021

The Holding Account commenced quarter three with a balance of $1,887,498. All budget movements occur via the holding account, rather than directly project to project. This includes the allocation of funds out of a program of works (i.e. Road Reseal Budget) into individual projects.

During the third quarter savings from projects of $1,168,660 were identified. Further to this, distribution to new projects or projects requiring additional funding totaled $938,457. The balance of the Holding Account as at 31 March 2021 is $2,117,701. A summary of Holding Account transactions is provided at Attachment 2.

At the end of the third quarter, the program covered 224 separate projects of which 53 projects had been completed, 132 are on schedule for completion, 23 projects are listed as at risk of not spending their 20/21 budget or are multi-year projects and the remaining 16 projects are either on hold or have been cancelled.

Q3 CAPITAL WORKS AND MAJOR PROJECTS On Schedule Completed Cancelled On Hold

3% 4%

24%

59%

10%

Current year projects are identified by the following expenditure type, New, Renewal, Upgrade or Expansion. The following chart details the spread of current projects.

East Gippsland Shire Council - Minutes 27 of 59 Council Meeting - Tuesday 4 May 2021

New/Upgrade/Renewal Revised Forecast as at 31 March 2021 (Capital Works only)

1 New Projects 8%

19% 2 Upgrades

3 73% Renewal

Additionally, the asset maintenance expenses year to date are calculated as follows:-

Materials and services Employee Total

Buildings 370,333 268,021 638,354 Plant and Equipment 469,733 66,651 536,384 Roads and Drainages 9,919,841 888,624 10,808,465 Car Parks and Footpaths 57,703 250,226 307,929 Bridges 424,857 33,926 458,783 Aerodromes 175,203 142,297 317,500 Ferry 577,646 39,766 617,412

Recreation and Open Space 911,622 2,353,753 3,265,375 Waste 74,302 - 74,302 TOTAL for the period 1/7/20-31-3-21 12,981,240 4,043,264 17,024,504

The following chart details the spread of current revised budget projects across the shire in comparison to the adopted budget. It is important to note that ‘Whole of Shire’ includes the road reseal programs, all Information Technology projects, plant renewal and fleet renewal.

East Gippsland Shire Council - Minutes 28 of 59 Council Meeting - Tuesday 4 May 2021

ADOPTED BUDGET V REVISED FORECAST AS

AT 31 MARCH 2021

Adopted Revised Forecast

16,874,000

16,472,000

14,518,000

13,185,053

10,484,526

9,432,374

5,355,000

4,760,003

4,172,000

3,947,194

3,757,000

1,911,000

1,673,105

1,574,000

1,537,000

1,460,662

1,222,303

875,746

423,000

318,598

310,366

297,000

110,000

99,599

50,000 50,000

Significant Projects Completed in the quarter ended 31 March 2021.

Project Name Final Project Cost

Jones Bay Wetlands Drainage Project, Bairnsdale $1,236,043

Fernbank Glenaladale Widening, Lindenow $1,505,824

Great Alpine Road Footpath, Bairnsdale $556,654

Reconstruction of McMillan Street, Bairnsdale $1,158,768

Gully Road Drainage Works, lake Tyers $322,954

Lakes Entrance Seawalls Reconstruction – Stage 2 $1,297,830

Reconstruction of Phillips Lane, Bairnsdale $606,748

Orbost Aerodrome Lighting & Fencing $209,377

East Gippsland Shire Council - Minutes 29 of 59 Council Meeting - Tuesday 4 May 2021

Quick Response Fund

The Quick Response Fund provides a flexible and responsive, yet accountable and transparent process to support undertaking small scale capital works. The program allows the funding of works of high community value when opportunity arises and there is no other funding available, or time frames do not allow for sourcing of other external funding.

The program commenced the year with a budget of $65,000. As at 31 March the balance remaining is $6,818.

Project Name Amount Allocated Balance of Fund

Opening Balance as at 1 January 2021 $16,818

Bairnsdale Banners Project $10,000

Closing Balance as at 31 March 2021 $6,818

Contracts Awarded Under Delegation:

The decision to award a contract can only be made by a delegate who has the authority (financial delegation) to commit the relevant sum of money. The decision is made after consideration of the tender evaluation panel report. The Chief Executive Officer has a financial delegation of $500,000 including GST.

During the second quarter of 2020/21 a total of 2 contracts were awarded under CEO Delegation, these contracts are listed as below:

Project Awarded to Value (ex GST)

Provision of Consultancy Services Crossco Unit Trust $137,720.50 for the Survey and Design to Strengthen, Widen and Extend Runway 04/22, Bairnsdale Airport

Design of Bullock Island Crossco Unit Trust $298,955.00 Recreational Area

Legislation

East Gippsland Shire Council - Minutes 30 of 59 Council Meeting - Tuesday 4 May 2021

This report has been prepared in accordance with Local Government Act 2020.

Collaboration

Collaboration is not applicable to this report.

Council Plan

This report has been prepared and aligned with the following goals set out in the Council Plan 2017-2021:

A Liveable Region Goal 1 - East Gippsland has safe, accessible and well utilised open spaces and built environments that reflect the priorities of our community.

Council Policy

Not applicable for this report.

Options

Not applicable for this report.

Resourcing

Financial

This report outlines the financial position of the 2020/21 Capital Works and Major Projects program as at the 31 March 2021.

Plant and equipment

The Capital program includes budget for the replacement of plant and equipment as per depreciation schedules.

Human Resources

The development of this report has no impact on human resource levels. The delivery of the Capital program relies on the engagement of a number of project supervisors, that are engaged under various terms by council.

Risk

Risk assessments are carried out on all projects within the Capital Program as part of the organisation’s use of a Project Management Framework.

East Gippsland Shire Council - Minutes 31 of 59 Council Meeting - Tuesday 4 May 2021

Economic

Delivery of the Capital program includes the procurement of contractor services which stimulate the local economy and the betterment of areas of the shire that support business and industry growth.

Social

The delivery of a number of projects within the Capital program is seen to implement aspects of adopted strategies and plans and delivers positive social outcomes for our communities.

Environmental

Climate change

This report is assessed as having no direct impact on climate change. However, Climate Change and other environmental factors are considered in the design of many of the Capital projects being delivered in 2020/21.

Engagement

No engagement has been undertaken in the compilation of this report, however engagement with community members, agencies and stakeholders has been a critical element in the design and delivery of many of the projects in the 2020/21 Capital program.

Attachments

1. Status of Capital Works and Major Projects March 2021 [5.2.1.1 - 6 pages] 2. Holding Account Transactions 20-21 as at 31 March 2021 [5.2.1.2 - 4 pages] 3. Asset Maintenance Report March 2021 [5.2.1.3 - 1 page]

5.2.2 Planning Permit Application - 61/2020/P - Two lot subdivision and variation of a restrictive covenant - 9 The Billabong METUNG

East Gippsland Shire Council - Minutes 32 of 59 Council Meeting - Tuesday 4 May 2021

5.2.2 Planning Permit Application - 61/2020/P - Two lot subdivision and variation of a restrictive covenant - 9 The Billabong METUNG

Authorised by General Manager Place and Community

Conflict of Interest

Officers preparing this report have no conflict of interest to declare.

Executive Summary

Planning permit application 61/2020/P (Attachment 1) was lodged in March 2020. The application seeks to subdivide the land into two lots. Lot 1 to be vacant save for retention of an outbuilding at 2168 square metres. Lot 2 will contain an existing dwelling and be 2011 square metres. (Refer Figure 2). In order to develop Lot 1, which would be vacant save for an outbuilding to be retained, variation would be required to the restrictive covenant AF799003U which applies to the land.

Following required notice of the proposal, including notice in a newspaper circulating in the area, 42 objections have been received, which are attached at Attachment 2. Pursuant to Council’s Planning Permit Application Delegations Policy 2018, the application has attracted ten or more objections and required a Planning Consultation Meeting (PCM). The PCM was held on 15 March 2021. Minutes of the meeting are contained at Attachment 3.

The land is situated within the Kings Cove, Metung residential estate. The land is zoned Low Density Residential, which, when established, carried a minimum lot size of 4000 square metres. The Zone now provides that the land can be subdivided to 2000 square metres where reticulated sewer is present, which is the case.

The nature of the objections relate to neighbourhood character, and fairness and equity, specifically that many of the objectors have been told over the years that they would be unable to subdivide their own lots, and have developed single dwellings accordingly. The estate is undergoing a significant transition with respect to the Legal Agreements registered across the estate, including introducing consistent and standard amended Agreements through a Council-led process.

Several other property owners have sought to vary their own restrictive covenants to facilitate single dwelling development which is currently prevented by the covenant – approval of plans being required by a now defunct entity. It is noted that there is in-principle support given to the variation of the restrictive covenant by deleting clause (b).

Officers have considered the relevant planning merit of the application for subdivision of the land and variation of restrictive covenant in accordance with the East Gippsland Planning Scheme (Assessment at Attachment 4) and recommend refusal of the application for grounds outlined in the recommendation to Council. The recommendations are consistent with advice provided to the applicant throughout the permit application process.

East Gippsland Shire Council - Minutes 33 of 59 Council Meeting - Tuesday 4 May 2021

Officer Recommendation

That Council:

1. receives and notes this report and all attachments pertaining to this report;

2. notes that, in principle, the Council as the responsible authority supports the proposal to vary restrictive covenant AF799003U which applies to the land by deleting Clause (b), however cannot make a determination on this matter separately due to the specific matter that the applicant requested consideration for; and therefore; and

3. being the Responsible Authority and having considered all the relevant planning matters, determines that planning application 61/2020/P at 9 The Billabong, Metung for a two lot subdivision and variation of restrictive covenant AF799003U applying to the land by deletion of clause (b) is inconsistent with the requirements and objectives of the East Gippsland Planning Scheme and therefore resolves to issue a Notice of Decision to Refuse to Grant a Permit in accordance with the following grounds of refusal:

a. the proposed subdivision is inconsistent with the Incorporated Plan Overlay Schedule 1 – Storth Ryes Incorporated Plan C002 June 2000;

b. the proposed subdivision is inconsistent with the prevailing neighbourhood character for low density residential zone area of this estate;

c. there is a clear distinction between the subject land and its surrounding neighbourhood character, as land to the south has been subdivided and developed in accordance with the Incorporated Document Schedule to (current) Clause 51.01 (formerly Clause 52.03)-relating to Lot 2 PS 420967K Storth Ryes, Hardys Road Metung – Resort Hotel/Motel and Convention Facility Development (May 1999);

d. the proposed variation to a restrictive covenant has received significant written objections from benefitting parties to the covenant which have not been withdrawn in the course of consideration of the application;

e. the proposed subdivision is inconsistent with the planning policy framework relating to neighbourhood character at clause 15.01-5S; and

f. the proposed subdivision is inconsistent with the local planning policy framework at clause 21.12-2, Metung Strategy Plan, particularly in relation to landscape and environmental values and character of the area.

Cr Mark Reeves / Cr Jane Greacen OAM

THAT THE RECOMMENDATION BE ADOPTED

CARRIED

East Gippsland Shire Council - Minutes 34 of 59 Council Meeting - Tuesday 4 May 2021

Background

The Land

9 The Billabong, Metung, sits centrally within the Kings Cove, Metung estate, to the west of the Metung village centre and north of Lake King. The estate has been gradually developed over the course of the last 20 years. The estate features a golf course with clubhouse, and there is provision and ongoing discussion in the community regarding a resort hotel/convention facility and marina located to the southeast of the subject land.

The land, shown in Figure 1, is located on The Billabong, a short Court with seven low density residentially zoned lots fronting the road. Four lots are currently vacant. The lots to the Western end of the court contain significant vegetation which has previously been assessed as largely being planted. The land immediately south is a reserve for drainage and recreation purposes and contains a pathway linking two sections of Storth Ryes Avenue alongside the wetland environment.

Figure 1 – The site in neighbourhood context

The land is 4179 square metres, irregularly shaped, and is dissected by a drainage easement connecting from the road through to the drainage reserve. The land is developed with a single dwelling and detached garage with significant infrastructure associated with both. Two crossovers provide access to the lot. Several trees are remnant from the pre- subdivision condition.

The land is encumbered by four Section 173 Legal Agreements, which are subject to current processes to Amend and End each, led by Council. The advice from Council’s solicitors assisting with the proposal to end and amend the agreements is that there continues to be applicability for all four agreements, despite specific definitions clarifying that they apply to the various stages of subdivision.

East Gippsland Shire Council - Minutes 35 of 59 Council Meeting - Tuesday 4 May 2021

The most relevant is Agreement AE324337A (refer Attachment 1), which was registered on 1 May 2006 as a Condition of Planning Permit 334/2003/P that approved, amongst other things, the subdivision known as Stage 5 that created thirteen lots including the subject land (Lots 102-114 inclusive on Plan of Subdivision 517830A). The obligations of the Agreement that have ongoing relevance to the subject land are summarised as follows:

• Lots to be development in accordance with the endorsed Soil and Water Management Plan (3(a));

• Lots to be developed and used for a single dwelling and associated outbuilding in accordance with Design Guidelines (3(b)); and

• Landscaping of individual lots to have regard to the Storth Ryes Landscape Concept Report (3(f)).

The land is further restricted by Covenant AF799003U (also within Attachment 1) which was registered on 22 April 2008 at the time of transfer. The covenant reads:

The Transferee with the intent that the benefit of this covenant shall until the 31st December, 2025 be attached to and run at law and in equity with the whole of the land comprised in Plan of Subdivision Number 517830A (other than the land hereby transferred) and that the burden thereof shall be annexed to and run at law and in equity with the land hereby transferred and each and every part thereof and that the same shall be noted and appear on every Certificate of Title for the said lot and every part thereof as an encumbrance affecting the same DOTH HEREBY COVENANT with the Transferor and the other registered proprietor or proprietors for the time being of the land comprised in the said Plan of Subdivision (other than the land hereby transferred) that the Transferee will not: a) Permit the land hereby transferred or any part thereof to be used for the purpose of commercial breeding, or boarding of or training kennels or cages for cats, dogs or birds, or the keeping of poultry, or for the grazing of horses, or for the parking garaging or servicing any motor vehicle in excess of five tones gross vehicle mass (GVM) except for the purposes of loading or unloading of goods unless the vehicle is a construction vehicle engaged on construction works thereon or unless the vehicle is a boat, caravan or similar vehicle and is screened from (SIC) view from the roadways and adjoining properties; b) Construct or externally alter or allow to be constructed or externally altered on the land hereby transferred any building or structure (including fences) other than in accordance with plans and specification previously submitted to and approved in writing by the Transferor, Kings Cove Metung Pty. Ltd., or its nominee; c) Permit or authorise any part of the land hereby transferred to be used for the purpose of the drying or clothes, storage of garbage, or housing of gas, fuel or water tanks, or similar uses unless such areas are reasonably screened from public view.

The Proposal

The subject Application (refer Attachment 1) seeks approval for a two-lot subdivision to create an allotment of approximately 2,011m² containing the existing dwelling, with a predominantly vacant allotment of approximately 2,168m² containing the existing outbuilding (as shown in Figure 2). The applicant has stated that if the permit is granted, it should contain a condition (Agreement) allowing for the outbuilding to remain, but that it may not be used as a ‘store’ until a dwelling is constructed on site. Officers note a similar Agreement has been used in Newlands Arm, with reasonable success.

East Gippsland Shire Council - Minutes 36 of 59 Council Meeting - Tuesday 4 May 2021

Each of the proposed lots exceeds the minimum subdivision area of 2,000 square metres specified for the Low-Density Residential Zone, given each lot will be connected to reticulated sewerage. The proposed subdivision could be considered infill development that makes use of existing infrastructure.

Each allotment will have frontage to The Billabong, and will be provided with an established point of vehicle access. Each lot can be serviced utilising existing infrastructure available within the precinct.

Figure 2 – Proposed Plan of Subdivision

The application proposes the variation of the Restrictive Covenant as applying to the subject land to delete Clause b), severing the connection to the now liquidated Developer, Kings Cove Metung Pty. Ltd. In the absence of a nominee to perform the function of a review panel, there is no ability to satisfy the obligation. Varying the covenant would provide certainty and facilitate further development of the site.

The Application is premised upon the amendment of Agreement AE324337A to delete Clause 3(b), given the reference to Development Guidelines imposed by the liquidated Developer. Council is progressing the requisite Amending of the Agreement and is also proposing to formally end the remaining 3 Agreements as registered to this title.

Process

The application was submitted to Council in February 2020. The assessing officer required further submission of information in support of the application in the form of, amongst other procedural matters, copies of covenants on all land burdened by and benefitting from similar covenants. In the further information letter, the officer advised that there was unlikely to be support of the application from officer and managerial level.

East Gippsland Shire Council - Minutes 37 of 59 Council Meeting - Tuesday 4 May 2021

The application was then subject to notification via letters to owners and occupiers of land benefitting from the covenant, a sign on site, and through a locally circulating newspaper – Bairnsdale Advertiser on 25 March 2020.

The applicant has carried out the notice to the satisfaction of the responsible authority and carried out a statutory declaration advising that the last day of the notice period was 8 April 2020.

From 21 March through 17 April 2020, 42 objections were received in relation to the application, predominantly from landowners in the Estate. The nature of the objections are summarised as:

 Inconsistency with neighbourhood character;

 Suggesting that the proposal would provide precedence for other subdivision to occur, which would degrade the neighbourhood character;

 Unfairness, generally, that others have enquired about subdivision prior to developing their land and have been advised that an application would not likely be supported (both before and after the amendments were made to the Low Density Residential Zone provisions);

 Destruction of amenity – large lot sizes and natural environment that was a key deciding factor in individuals purchasing property in the estate; and

 Concerns that varying the covenant would result in detrimental and unfair development outcomes.

Copies of the objections have been provided to the permit applicant. Full copies of the objections are available as Attachment 2.

Council’s progression of the ending and amending of S173 legal agreements in the estate has likely altered some perceptions of the objectors regarding the process to vary the covenant, as there is now a general understanding that the restriction applies to alterations and extensions to existing dwellings as well as to new dwelling construction.

In accordance with the Planning Permit Application Delegations Policy 2018, a Planning Consultation Meeting was held on 15 March 2021. The meeting allowed Councillors to hear from all parties (Applicant, Objectors, and officers), to further inform the decision of Council. The minutes of the PCM are at Attachment 3.

Current Status/Issues

Since the PCM, Council has resolved to end or amend the legal agreements affecting the land and other land within the estate. Depending on the impact of the three objections in relation to 9 The Billabong, the process to end and amend the applicable agreements will take between a few weeks and several months.

East Gippsland Shire Council - Minutes 38 of 59 Council Meeting - Tuesday 4 May 2021

Officers have discussed with the applicant whether or not they would consider amending the application to remove the subdivision component to allow for Officers to pursue a recommendation to approve of the variation to the restrictive covenant. This is not supported by the applicant, representing the interests of the landowners. The applicant is seeking Council’s determination of the matter as soon as practical. Based on a detailed review of the application against the provisions of the East Gippsland Planning Scheme, officers are firm in recommending a refusal of the subdivision of the land for the grounds set out in the recommendation.

Legislation

The processing of the planning permit application is undertaken in accordance with the provisions of the Planning and Environment Act 1987.

The proposal is made pursuant to the East Gippsland Planning Scheme:

Zone: Low Density Residential Zone (LDRZ) Overlays: Erosion Management Overlay (EMO); Vegetation Protection Overlay Schedule 3 (VPO3); Incorporated Plan Overlay Schedule 1 (IPO1) Particular Provisions: 52.02 Easements, Restrictions and Reserves

Planning Permit Triggers:

 Clause 32.03-3 for subdivision in accordance with the LDRZ;  Clause 44.01-5; for subdivision in accordance with the EMO; and  Clause 52.02 for the variation of a Restrictive Covenant in accordance with Particular Provisions relating to Easements, Restrictions and Reserves.  There is no trigger for the proposal pursuant to the o IPO1 - the proposal is generally consistent with the incorporated plan; and o VPO3 - no vegetation removal required for the subdivision and no trigger for subdivision in the overlay.

A detailed assessment of the provisions of the planning scheme is at Attachment 4. Overall the proposal is recommended for refusal, with grounds of refusal set out in the officer recommendation.

Collaboration

Nil

Council Plan

This report has been prepared and aligned with the following goals set out in the Council Plan 2017-2021:

Strong Communities Goal 2 - East Gippsland communities plan for their future.

A Liveable Region Goal 2 - Sustainable planning and growth supports thriving townships, while maintaining our commitment to sustainability and protecting our natural environment.

East Gippsland Shire Council - Minutes 39 of 59 Council Meeting - Tuesday 4 May 2021

Council Policy

Pursuant to Council’s Planning Permit Application Delegations Policy 2018, the application has attracted ten or more objections and requires a Planning Consultation Meeting (PCM).

Options

Following the PCM, the matter must be determined by Council. The options available for a recommendation include:

1. Recommendation for refusal, subject to specific grounds for refusal, or 2. Recommendation for approval, subject to conditions.

Council officers have expressed hesitancy to approve the application due to the number and content of objections, and the prevailing neighbourhood character. Officers have made it clear to the applicant hat the proposal to vary the restrictive covenant is supported, however the determination must be made in relation to the application which was made.

Resourcing

Financial

The assessment of the planning permit application is subject to standard statutory fees which contribute to cost recovery.

Plant and equipment

Nil resources required outside standard working equipment

Human Resources

The application assessment is undertaken by staff in the planning team.

Risk

The risks of this proposal have been considered and there is limited organisational assessed risk outside the typical planning assessment process.

Economic

There are no significant economic impacts or benefits resulting from the proposed subdivision and variation of a covenant.

Social

There is the potential for social detriment to arise as a result of the proposal being approved. Specifically, the objections raised cite inequity in application of the controls, and many have argued that had they been advised that an application could be made (if not also supported), then they may have taken up such opportunity prior to development of a dwelling on the land. Conversely, there are a number of objectors who purchased land specifically for the lot sizes and lack of ability to further subdivide, as was the case prior to 2013 amendment to the Low Density Residential Zone provisions statewide.

East Gippsland Shire Council - Minutes 40 of 59 Council Meeting - Tuesday 4 May 2021

Environmental

From a land capability and biodiversity perspective, it would be appropriate for the land to be subdivided, although this would ignore the context of the controls which established the Kings Cove estate. There are no significant environmental features that would be impacted by the subdivision and potential future dwelling development.

Climate change

This report has been prepared and aligned with the following Climate Change function/category:

Land Use Planning: Consideration is given to climate change in the local land use planning and includes responses to direct and indirect impacts. Considerations in the local environment include - increased frequency and intensity of bushfires (the land is designated bushfire prone); increased frequency and intensity of rainfall events, with increased surface erosion risk; increased frequency and intensity of storm events, which could contribute to damage to vegetation in the neighbouring reserve and/or restrict road access to the subdivision.

Engagement

Public notification of the proposal was undertaken in accordance with Section 52 of the Planning and Environment Act 1987, inclusive of mandatory newspaper notices and direct notice to all owners and occupiers of land benefitting from the restrictive covenant which is proposed to be varied.

A public consultation meeting allowed for further engagement with the objectors and permit applicant. The PCM was held on 15 February 2021. Minutes of the meeting are provided at Attachment 3. The applicant and objectors are unable to speak to the item at the ordinary meeting where a PCM has been held.

Objections

The following commentary is provided with respect to the objections.

Expectation of Amenity

Many of the objectors specified that they purchased land within this estate due to the large lot sizes, design guidelines, and associated restrictions on title, and are aggrieved by the proposal to vary the restrictions and subdivide the land. They cite concerns about traffic, noise, and loss of vegetation. There is significant concern that other vacant lots will be further subdivided and further degrade the amenity of the locality.

It is noted that the whole of the development considered high density development within specific portions of the estate, specifically the resort, convention centre, and marina developments. The objectors correctly distinguish between the precincts in the estate, recognising that they had a market choice between the low-density areas and the ‘resort’ area which has higher density of development. Primarily the concerns relate to preservation of the neighbour character.

East Gippsland Shire Council - Minutes 41 of 59 Council Meeting - Tuesday 4 May 2021

Purpose of Covenant

The purpose of the Covenant in particular is confused as a result of the complicated nature of restrictions on titles within the estate. Following on from the Council-led proposal to end and amend S.173 legal agreements on titles, the objectors are now more aware of the purpose of each restriction. The Restrictive Covenant is not proposed to be varied in a way that increases the number of dwellings that can be established on the land – the current design guidelines and the S.173 Agreements provide for a one dwelling per lot limit. If the subdivision were to be approved, the Agreements would also need to be amended or ended.

The Covenants provide for a specific end date, and many restrictions have already ended at 31 December 2020. Generally speaking, the restrictions expire in increments, roughly 10 to 15 years from when the stage of subdivision was released and when sold from developer to first owner. That the restriction is set to endure for some properties for another 8-9 years, it is only fair and reasonable to allow for the variation to occur which effectively prevents the development of the land for a single dwelling. This is not good and proper planning.

As stated elsewhere, the matter of the covenant cannot be separated from the two-lot subdivision proposal without an application to amend the planning permit application being made.

Precedent for further subdivision

Any further subdivision under the low-density residential zone provisions would be subject to the planning application process, and further objections could be made. Each application would be considered on its merits. The officer recommendation to refuse the application is supportive of refusal to remove doubt and to validate advice which officers have provided consistently for many years, and which has been relied upon by many of the landowners and objectors.

The land, if subdivided, could not be further subdivided unless significant strategic planning occurred to rezone the land, based on the minimum lot sizes provided for in the low-density residential zone.

Attachments

1. Application Documentation [5.2.2.1 - 63 pages] 2. Objections redacted [5.2.2.2 - 114 pages] 3. 61.2020. P Minutes [5.2.2.3 - 3 pages] 4. Detailed Assessment against the East Gippsland Planning Scheme [5.2.2.4 - 11 pages]

East Gippsland Shire Council - Minutes 42 of 59 Council Meeting - Tuesday 4 May 2021

5.3 Good Governance 5.3.1 Council Special Charge Scheme Policy update

5.3.1 Council Special Charge Scheme Policy update

Authorised by General Manager Bushfire Recovery

Conflict of Interest

Officers preparing this report have no conflict of interest to declare.

Executive Summary

This report proposes an update to the Special Charge Scheme Policy 2013 to refresh the contents. A copy of the draft Special Charge Scheme Policy is provided at Attachment 1.

The update of the Special Charge Scheme Policy is also required to facilitate the proposed South Bairnsdale Industrial Estate Special Charge Scheme. This Special Charge Scheme seeks landowner contributions to the upgrade of water reticulation infrastructure in the estate to fire-fighting standards to make it easier for those constructing a building of greater than 500m2 floorplan to install a private fire-fighting service.

Officer Recommendation

That Council:

1. receives and notes the report and all the attachments pertaining to this report; and

2. adopts the draft revised Special Charge Scheme Policy at Attachment 1.

Cr John White / Cr Trevor Stow

THAT THE RECOMMENDATION BE ADOPTED

CARRIED Background

Council’s existing Special Charge Scheme policy was adopted in 2013 and has not been updated since this time. The 2013 policy was due for review.

The key changes in relation to the updated Special Charge Scheme Policy are as follows:

 Update of the policy to reflect the current policy template and format and to ensure the key elements of the policy remain current;  Clarify and reinforce that, where appropriate, a Special Charge Scheme can be based on ‘benefit units’ as an alternative to being based on block size (whether that be area or frontage).

Council has consulted relevant landholders in the Bairnsdale South Industrial Estate about its intention to create a special charge scheme to fund the upgrading of the water supply to fire-fighting standards to reduce the cost associated with installing a private firefighting service to landowners constructing buildings greater than 500 m2 in floor area.

A current Special Charge Scheme Policy is necessary to commence the process of formal consideration of the South Bairnsdale Industrial Estate Special Charge Scheme.

East Gippsland Shire Council - Minutes 43 of 59 Council Meeting - Tuesday 4 May 2021

In the proposed South Bairnsdale Industrial Estate Special Charge Scheme the benefit to landholders is not strictly related to lot size and therefore the ‘benefit unit’ approach is more relevant.

Legislation

This report has been prepared in accordance with Local Government Act 1989 section 163 – Special Rate and Special Charge.

This report has been prepared based on, and in compliance with the requirements of, the Local Government Act 1989 (in particular Part 8 of that Act) and the Local Government Act 2020.

Collaboration

This report does not recommend entering into a procurement agreement.

Council Plan

This report has been prepared and aligned with the following goals set out in the Council Plan 2017-2021:

Good Governance Goal 2 - Our relationships with other levels of government and partners that deliver great outcomes for East Gippslanders.

Responsive Services Goal 2 - We put the customer first and give each customer a great experience of Council’s services.

Council Policy

Council had an existing Special Charge Scheme Policy dated 2013. This policy is out of date. The 2013 policy primarily anticipated that most special charge schemes would be for roads and footpaths and the allocation of benefits was based on a combination of land area and frontages. This charging methodology is not suitable for the proposed South Bairnsdale Industrial Estate.

The new policy has been refreshed and updated to more fully enable a Special Charge Scheme as proposed for the South Bairnsdale Industrial Estate to be supported.

East Gippsland Shire Council - Minutes 44 of 59 Council Meeting - Tuesday 4 May 2021

Options

All Council policies should be current and up to date.

The option of not updating the policy has been considered and is separate from any decision to implement a Special Charge Scheme for South Bairnsdale Industrial Estate.

Resourcing

Financial

The adoption of the policy will enable council to implement Special Charge Schemes. There are no financial costs of adoption of the policy.

Plant and equipment

No plant and equipment are required.

Human Resources

There are no human resource implications.

Risk

The risks of this proposal have been considered and are considered low.

Economic

There are no economic implications as a result of adopting the new Policy.

However, the adoption of a Special Scheme Policy will more easily enable Council to implement Special Charge Schemes that have positive economic benefits.

Social

There are no social implications as a result of adopting the new Policy.

However, the adoption of a Special Scheme Policy will more easily enable Council to implement Special Charge Schemes that have positive social benefits.

Environmental

There are no social implications as a result of adopting the new Policy.

However, the adoption of a Special Scheme Policy will more easily enable council to implement Special Charge Schemes that have positive environmental benefits.

Climate change

This report has been prepared and aligned with the following Climate Change function/category:

This report is assessed as having no direct impact on climate change.

East Gippsland Shire Council - Minutes 45 of 59 Council Meeting - Tuesday 4 May 2021

Engagement

In developing the new Policy, Council have not undertaken community consultation but have sought legal advice to ensure the new Policy will meet all necessary requirements of the Local Government Act 1989 and enable Council to lawfully implement any proposed Special Charge Schemes currently being considered. Consultation is a requirement of the development and implementation of Special Charge Schemes.

Council have undertaken informal community consultation in relation to the South Bairnsdale Industrial Estate which was generally supportive of the implementation of the scheme.

Attachments

1. Special Charge Scheme Policy [5.3.1.1 - 11 pages] 2. Tracked Special Charge Scheme Policy [5.3.1.2 - 13 pages]

5.3.2 Finance Report - period ending 31 March 2021

East Gippsland Shire Council - Minutes 46 of 59 Council Meeting - Tuesday 4 May 2021

5.3.2 Finance Report - period ending 31 March 2021

Authorised by General Manager Business Excellence

Conflict of Interest

Officers preparing this report have no conflict of interest to declare.

Executive Summary

The forecast operating result for the 2020/21 financial year is $10.142 million compared to the adopted operating surplus of $22.673 million. This is a forecast reduction in operating surplus of $12.531 million.

There are operating and capital grant income reductions of $6.68 million as a result of these grants being brought to account in the 2019/20 year and included in the operating surplus for that year. Offsetting the reduction in grants are a number of new grants for projects, the most significant being the Working for Victoria grant of $1.971 million. There is also $3.012 million of projects that were incomplete at the end of the 2019/20 year that will now be completed in the current financial year. The majority of these projects are funded from grants received in the 2019/20 year.

The expected end-of-year cash position of $55.627 million ($17.77 million greater than the adopted budget) is the result of the more favourable 2019/20 end-of-year cash position than the estimated result at the time of adopting the 2020/21 budget together with the estimated value of capital works and landfill rehabilitation projects being less than the adopted budget by $19.255 million noting that $17.663 million of capital and landfill rehabilitation projects from the current financial are expected to be now completed in the 2021/22 year.

Details of the forecast variances and other financial information are included in Attachments 1 to 7.

Officer Recommendation

That Council:

1. receives and notes this report and its attachments; and

2. adopts the Finance Report for the nine-month period ended 31 March 2021, as outlined in Attachments 1 to 7.

Cr Arthur Allen / Cr Mark Reeves

THAT THE RECOMMENDATION BE ADOPTED

CARRIED

East Gippsland Shire Council - Minutes 47 of 59 Council Meeting - Tuesday 4 May 2021

Background

Overview of Financial Performance

Provided in this report as at the end of March 2021 is an overview of the year-to-date (YTD) operating and capital expenditure compared to the forecast result, and adjustments to the adopted budget for the full year that have been incorporated into the full year forecast result.

Year-to-Date

Net Comprehensive Result

The YTD unfavourable variance of $0.430 million is primarily the result of the timing for bushfire reinstatement works, both income and expenditure, and project costs yet to be incurred for new grant funded projects together with the timing for the receipt of grants for capital projects.

Refer to Attachment 1 for a full explanation of all variances.

Full Year – Budget

Net Comprehensive Result

The expected operating surplus for the year is $10.142 million which is $12.531 million less than the adopted budget of $22.673 million.

There were operating and capital grants included in the adopted budget totalling $6.68 million that were accounted for in the 2019/20 year and included in the end of year operating surplus for that year. This has reduced the expected operating surplus for the 2020/21 year by this amount and together with $3.012 million of additional expenditure added to the 2020/21 year as a result of projects that were incomplete at the end of the 2019/20 year, accounts for the majority of the reduction in the estimated operating surplus.

Adjusted Underlying result

The adjusted underlying surplus is the net surplus for the year adjusted for non-recurrent capital grants, non-monetary contributions and capital contributions from other sources. The unfavourable variance of $4.940 million is primarily a result of the forecast reduction in operating surplus of $12.531 million offset by a reduction in non-recurrent capital funding of $7.539 million.

Attachment 1 provides further explanation of the variances discussed above.

Cash Position

Year-to-Date:

As at 31 March 2021, Council held cash of $80.898 million. This is greater than YTD expectations as a result of the timing of works and services and the delivery of the capital works and landfill rehabilitation program.

East Gippsland Shire Council - Minutes 48 of 59 Council Meeting - Tuesday 4 May 2021

Full Year

The end-of-year forecast cash position of $55.627 million is $17.770 million greater than the adopted budget of $37.857 million. This forecast cash position takes into account the actual 2019/20 end-of-year result that was more favourable than estimated at the time of adopting the 2020/21 budget as well as $11.3 million of 2020/21 capital projects that will not be completed until the 2021/22 financial year that are funded from Council cash in the 2020/21 year. The increase in cash though is restricted in nature and committed to various provisions, that are required to be cash funded, for landfill rehabilitation projects and employee annual and long service leave. The use of this cash happens over time as landfill rehabilitation works are undertaken and employees take leave entitlements.

For further details, please refer to the Balance Sheet variance explanations in Attachment 2 and Statement of Cash Flows at Attachment 3.

Capital Works and Landfill Rehabilitation Projects

Year-to-Date:

The adopted budget for the 2020/21 financial year was $64.765 million in capital works and a further $2.219 million in landfill rehabilitation projects, giving a total of $66.984 million.

Actual YTD capital and landfill rehabilitation projects expenditure at the end of March 2021 was $23.896 million.

Full Year:

The forecast capital and landfill rehabilitation expenditure for the 2020/21 year is $47.729 million. There has been a forecast reduction in capital works expenditure of $1.6 million as a result of revised estimates as well as a $17.663 million reduction to account for projects that will now not be completed until the 2021/22 year.

Legislation

This report has been prepared in accordance with Local Government Act 2020. Section 97 of the Local Government Act 2020 requires a quarterly budget report be presented to the Council at a Council meeting which is open to the public. The quarterly budget report must include a comparison of the actual and budgeted results to date and an explanation of material variances.

East Gippsland Shire Council - Minutes 49 of 59 Council Meeting - Tuesday 4 May 2021

Collaboration

This is not applicable for this report.

Council Plan

This report has been prepared and aligned with the following goals set out in the Council Plan 2017-2021:

Good Governance Goal 3 - Council is in a strong financial position and can provide for future generations of East Gippslanders.

Council Policy

Not applicable for this report.

Options

Not applicable for this report.

Resourcing

Financial

Refer to the following attachments:

1. Income and Expenditure Statement and Explanation of Variances 2. Balance Sheet and Explanation of Variances 3. Statement of Cash Flows and Explanation of Variances 4. Reconciliation of Adopted (Operating) budget to Forecast budget 5. Summary of Capital Works and Landfill Rehabilitation 6. Rates Performance 7. Financial Performance Indicators

Plant and equipment

Not applicable for this report.

Human Resources

Not applicable for this report.

Risk

The risks of this proposal have been considered and are not applicable to this report.

Economic

Not applicable for this report.

Social

Not applicable for this report.

East Gippsland Shire Council - Minutes 50 of 59 Council Meeting - Tuesday 4 May 2021

Environmental

Not applicable for this report.

Climate change

This report has been prepared and aligned with the following Climate Change function/category:

This report is assessed as having no direct impact on climate change.

Engagement

Not applicable for this report.

Attachments

1. Attachments 1 to 7 - Financial Report March 2021 [5.3.2.1 - 19 pages]

5.3.3 Proposed Lease of Land at Bairnsdale Aerodrome - Department of Environment Land Water and Planning

East Gippsland Shire Council - Minutes 51 of 59 Council Meeting - Tuesday 4 May 2021

5.3.3 Proposed Lease of Land at Bairnsdale Aerodrome - Department of Environment Land Water and Planning

Authorised by General Manager Business Excellence

Conflict of Interest

Officers preparing this report have no conflict of interest to declare.

Executive Summary

This report is to seek Council’s agreement to grant a 21-year lease to the Department of Environment, Land, Water and Planning (DELWP) for the ongoing use and maintenance of an area at the Bairnsdale aerodrome for firefighting related activities.

DELWP is the state government department that looks after wildfire on public land. As part of their readiness for wildfire, DELWP has operated an airbase at the Bairnsdale Aerodrome for over 22 years. The airbase is a key operational base for DELWP and provides fire readiness to the community of East Gippsland during the fire season. The airbase hosts aerial firefighting activities and DELWP recently constructed the firebase building and associated support infrastructure.

Additionally, Council has developed a Masterplan for the Bairnsdale Aerodrome. The Masterplan was adopted by Council in August 2020. One of the key aspects of the Masterplan was the retention of the DELWP airbase in recognition of the importance of air fire responses in our region

Officer Recommendation

That Council: 1. receives and notes the report and all the attachments pertaining to this report; 2. determines that the proposed 21-year lease agreement with the Department of Environment, Land, Water and Planning to use part of the Bairnsdale Aerodrome for an airbase for the purpose of firefighting activities and the storage of firefighting equipment is consistent with the Local Government Act 1989; 3. authorises the Chief Executive Officer to give public notice of the intention to lease approximately 1.5 hectares at 345 Bengworden Road Bairnsdale to the Department of Environment, Land, Water and Planning for an airbase for a term of 21 years; 4. appoints a Committee comprising the whole of Council with a quorum of five Councillors, to hear and consider any written submissions received in relation to the proposed lease agreement to the Department of Environment, Land, Water and Planning use part of the Bairnsdale Aerodrome as an airbase in accordance with section 223 of the Local Government Act 1989; 5. nominates Tuesday 13 July 2021 at 1:30pm as the date and time for the Committee to hear any[ submissions on the proposed lease agreement to the Department of Environment, Land, Water and Planning for use of part of the Bairnsdale Aerodrome as an airbase;

East Gippsland Shire Council - Minutes 52 of 59 Council Meeting - Tuesday 4 May 2021

6. authorises the Chief Executive Officer to proceed with the lease agreement to the Department of Environment, Land, Water and Planning for use of part of the Bairnsdale Aerodrome as an airbase, as detailed in Clause 2 above, if no submissions are received on the proposed lease agreement to the Department of Environment, Land, Water and Planning for use of part of the Bairnsdale Aerodrome; and 7. notes that as part of the section 223 process, a report providing a recommendation from the Committee hearing will be presented at the next available Council meeting for its consideration, should any submissions be received regarding the proposed lease agreement to the Department of Environment, Land, Water and Planning for use of part of the Bairnsdale Aerodrome for an airbase.

Cr Arthur Allen / Cr Tom Crook

THAT THE RECOMMENDATION BE ADOPTED

CARRIED Background

DELWP have had the airbase at the Bairnsdale Aerodrome for over 21 years under a lease agreement with Council with the facility being specifically utilised to provide fire readiness to the community of East Gippsland.

DELWP have advised Council that they wish to remain on site at the Bairnsdale Aerodrome for a further term of 21 years. A long-term lease allows DELWP to continue to maintain and improve the airbase to allow for state-of-the-art firefighting aircraft to be housed there over the summer bushfire season and to ensure that the newest technology used in firefighting is able to be accommodated at the Bairnsdale Aerodrome.

The area at the Bairnsdale Aerodrome that is occupied by DELWP for the airbase is approximately 1.5 hectares, refer Attachment 1. DELWP has constructed a facility on the eastern boundary of the aerodrome land that includes buildings for staff and storage, aircraft standing areas and a dam for firefighting purposes.

The airbase operates as a ‘predetermined dispatch’ base for aircraft during the fire season. Helicopters are also regularly parked at the aerodrome during the fire season and depending on the nature of the fires during the season, may also include the Sky crane.

The airbase currently houses a state-of-the-art fire-retardant mixing facility and provides a home base for two contracted specialist firebombing aircraft pilots and their air and ground crew over the fire season who maintain a high state of readiness to protect assets and the community of East Gippsland.

It is proposed that a lease agreement be entered into with DELWP under section 190 of the Local Government Act 1989 (the Act) to formalise its occupation of the site for a maximum term of 21 years. DELWP’s activity at the Bairnsdale Aerodrome provides a vital service to the community during the bush fire season and other emergencies. A 21-year lease agreement to DELWP to use the Bairnsdale Aerodrome as an airbase will provide the community with confidence that aircraft will be on readiness to attack any new starts quickly (which are identified by the manned fire towers in East Gippsland) and to provide aerial attack on larger campaign fires that occur in East Gippsland, like the recent fires of 2019/2020.

East Gippsland Shire Council - Minutes 53 of 59 Council Meeting - Tuesday 4 May 2021

Legislation

This report has been prepared in accordance with sections 190 and 223 of the Local Government Act 1989 as discussed above.

If determined by Council that a 21-year lease agreement can be granted to DELWP for the use of part of the Bairnsdale Aerodrome as an airbase, this will be publicly advertised in accordance with section 190 Local Government Act 1989, which requires that public notice of Council’s intention be given at least four weeks prior to any transaction taking place.

Public consultation regarding this proposal must also be undertaken in accordance with section 223 of the Local Government Act 1989. As part of the public notice discussed above, members of the public will be invited to make a written submission to Council on the proposal and will be given at least 28 days to lodge this. Submitters who indicate their desire to speak to Council on their written submission will have an opportunity to be heard by a Committee of Council convened for the purpose.

Collaboration

There are no aspects of this report that require entering into a procurement agreement and therefore external collaboration is not appropriate.

Council Plan

This report has been prepared and aligned with the following goals set out in the Council Plan 2017-2021:

Good Governance Goal 2 - Our relationships with other levels of government and partners that deliver great outcomes for East Gippslanders.

East Gippsland Shire Council - Minutes 54 of 59 Council Meeting - Tuesday 4 May 2021

Council Policy

The proposed lease is consistent with rental provisions of Council’s Leasing and Licensing Policy for Council-owned Land and Council-managed Land (Leasing Policy).

The Leasing Policy provides a framework for leasing and licensing of Council-owned and Council managed land and one of the principles of the Leasing Policy is that the purpose of the lease is to provide demonstrated community and/or economic benefit. The granting of a 21-year lease agreement to DELWP for the use of part of the Bairnsdale Aerodrome for an airbase is consistent with the policy as the airbase provides public safety to the communities of East Gippsland by housing aircraft during the fire season and providing a vital bush fire response to the communities of East Gippsland.

Options

As the existing lease is 21 years and the Council Masterplan for Bairnsdale Aerodrome is to retain the DELWP airbase to support fire response in the region no other lease options were considered. It is a requirement of section 190 of the Act that the section 223 process must be followed in respect of a lease for 10 years or more.

Resourcing

Financial

There would be no financial implications for Council in securing the DELWP airbase at the Bairnsdale Aerodrome for a further term of 21 years, the 21-year term will enable DELWP to have a security of tenure to continue operating the airbase from the Bairnsdale Aerodrome.

Plant and equipment

There are no plant and equipment requirements associated with this report.

Human Resources

The granting of a 21-year lease agreement to DELWP to use part of the Bairnsdale Aerodrome as an airbase for firefighting activities does not require any additional resources.

Risk

The granting of a 21-year lease agreement to DELWP to use part of the Bairnsdale Aerodrome as an airbase for firefighting activities, when advertised, may receive submissions that oppose the granting of a 21-year lease. At which time Council will consider any written public submissions received, in accordance with section 223 of the Local Government Act 1989 and evaluate on a case by case basis, taking into consideration each submissions merits and associated risks.

Economic

Securing a 21-year tenant for the Bairnsdale Aerodrome will provide economic support to the community. The personnel that are involved in flying these aircraft and their support team are accommodated in Bairnsdale during the fire danger period which creates an economic return to the town. Supplies for the maintenance of the facilities and aircraft may be sourced within the local community providing income and employment opportunities in the community.

East Gippsland Shire Council - Minutes 55 of 59 Council Meeting - Tuesday 4 May 2021

Social

The threat of bushfire is a significant threat to the communities of East Gippsland. The DELWP airbase provides pre-positioned aircraft that are able to protect communities, assets, environmental and cultural values, including valuable timber resources. The devastation caused by bushfire on communities can include the death or injury to persons, damage to property, harm to the environment and disruption to essential services. All of these things impact greatly on the communities of East Gippsland and their ability to thrive.

Environmental

DELWP is obligated to meet the requirements associated with the storage and handling of hazardous materials as per the Code of Practice “Managing Risks of Hazardous Chemicals in the Workplace” May 2018 and the Occupational Health and Safety Act 2004 (Vic).

Climate change

This report has been prepared and aligned with the following Climate Change function/category:

This report is assessed as having no direct impact on climate change.

Engagement

Confirmation has been received from DELWP that they wish to continue operating the airbase at the Bairnsdale Aerodrome and would like to enter into a lease agreement for a term of 21 years for the ongoing use of part of the Bairnsdale Aerodrome as an airbase. A 21-year lease gives DELWP the opportunity to continue to maintain and improvement the airbase.

Members of the public will be entitled to make a submission in response to the public notice and hearing process conducted in accordance with section 223 of the Local Government Act 1989.

Attachments

1. Attachment 1 Site Plan DELWP Airbase Bairnsdale Aerodrome [5.3.3.1 - 2 pages]

East Gippsland Shire Council - Minutes 56 of 59 Council Meeting - Tuesday 4 May 2021

6 Urgent and Other Business

Cr Sonia Buckley / Cr Trevor Stow

THAT CR SONIA BUCKLEY BE GRANTED PERMISSION TO RAISE AN ITEM OF URGENT AND OTHER BUSINESS RELATING TO FERAL HORSE MANAGEMENT.

CARRIED Background

Parks Victoria are updating their action plan for feral horse management in the Alpine National Park. Feral horse management is part of an integrated approach to protecting sensitive environmental values.

A (Draft) Feral Horse Action Plan 2021 was prepared and was published to provide the opportunity for consultation with community and stakeholders to review the action plan and to provide feedback and input. The consultation process started on 26 March 2021 and closed on 23 April 2021. According to Parks Victoria, the Final Action Plan is due to be published mid-year 2021, with an engagement summary report being released with the final Action Plan.

Rationale

Given that the consultation process end date has passed, and the release of the final Action Plan is imminent, the reason for my request to raise this item about Feral Horse Management as Urgent Business is that I submit the shooting of feral horses is inhumane and causes subsequent negative impacts to the environment by leaving carcasses to provide meat for feral pests which in turn creates population explosion in pigs and wild dogs. Wild dogs subsequently feed on native wildlife and agricultural stock. Pigs cause the most environmental damage to the landscape. These animals will all whelp more offspring when well fed on shot horses.

I submit that a properly managed extraction process provides long term local management and employment and is the right humane action to take.

I do not support helicopter or shooting of wild horses (Brumbies) in East Gippsland, and strongly support the extraction process by using locally employed contractors for long term management.

In considering this Feral Horse Management item of business as Urgent Business, I wish to propose that the following motion be adopted.

That Council writes to the Honourable Lily D’Ambrosio Minister for Energy, Environment and Climate Change to:

1. express Council’s objection to helicopter shooting and ground shooting of wild horses in East Gippsland and request a meeting to discuss the draft feral horse action plan and the long-term management and extraction of wild horses from National Parks in East Gippsland, and

2. request that the Draft Feral Horse Action Plan 2021 be put on hold until the matter is discussed and rectified.

East Gippsland Shire Council - Minutes 57 of 59 Council Meeting - Tuesday 4 May 2021

Cr Sonia Buckley / Cr John White

THAT THE RECOMMENDATION BE ADOPTED

CARRIED

7 Confidential Business

Cr Arthur Allen / Cr Mark Reeves

COUNCIL WILL NOW CLOSE THE MEETING TO THE PUBLIC IN ACCORDANCE WITH THE PROVISION OF SECTIONS 3(1) AND 66(5) OF THE LOCAL GOVERNMENT ACT 2020 TO CONSIDER THE ITEMS DETAILED UNDER CONFIDENTIAL BUSINESS THAT CONTAINS INFORMATION THAT IS PERSONAL INFORMATION THAT WOULD IF RELEASED RESULT IN THE UNREASONABLE DISCLOSURE OF INFORMATION ABOUT PERSONAL AFFAIRS. CARRIED

The meeting was closed to the public at 3.37 pm.

Consideration of confidential matters under section 66(2) of the Local Government Act 2020.

Deliberations of Council while in closed session are recorded in Council’s Confidential Minute Book.

Reports and Attachments are located in Council’s Confidential Minute Book.

The meeting was re-opened to the public at 3.48 pm 7.1 Agriculture Sector Advisory Committee Additional Members

7.1 Agriculture Sector Advisory Committee Additional Members

Under section 66(2) of the Local Government Act 2020 a meeting considering confidential information may be closed to the public. Pursuant to sections 3(1) and 66(5) of the Local Government Act 2020, the information contained in this report is confidential because it contains personal information that would if released result in the unreasonable disclosure of information about personal affairs.

This report, attachments and resolution are located in Council’s Confidential Minute Book in accordance with the resolution made by Council in closed session. 7.2 Sale of Council Land

7.2 Sale of Council Land

This report, attachments and resolution are located in Council’s Confidential Minute Book in accordance with the resolution made by Council in closed session.

East Gippsland Shire Council - Minutes 58 of 59 Council Meeting - Tuesday 4 May 2021

8 Close of Meeting

Cr Mendy Urie declared the Council Meeting closed at 3.51 pm

Confirmed Cr Mendy Urie Mayor 25 May 2021

East Gippsland Shire Council - Minutes 59 of 59 Council Meeting - Tuesday 4 May 2021