Bass Coast Shire Council Minutes for Ordinary Meeting Wednesday, 19 June 2019 Council Chamber Bass Coast Civic Centre Baillieu Street East Wonthaggi 5.00pm
1. These minutes are due to be confirmed on 17 July 2019 2. Any decision included in these minutes is subject to change resulting from a rescission motion passed by Council.
Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
TABLE OF CONTENTS
A Present and Apologies ...... 4 B Declarations of Interest ...... 5 C Confirmation of Minutes...... 6 C.1 Ordinary Meeting held on 15 May 2019 and Special Meeting held on 29 May 2019 ...... 6 D Public Question Time ...... 7 D.1 Ken Hailey - Coastal Erosion ...... 7 D.2 Kevin Griffin, President Bass Coast Ratepayers and Residents Association - Shared Services ...... 7 D.3 Kevin Griffin, President Bass Coast Ratepayers and Residents Association - Regional Skate Park ...... 8 D.4 Bernie McComb - Climate Change Declaration ...... 8 E Petitions, Joint Letters, Deputations and Correspondence ...... 9 E.1 Petition - Sealing Shetland Heights / Potters Hill Road Project ...... 9 E.2 Petition - Requesting a Fenced Dog Park ...... 12 E.3 Petition - Introduce Live Streaming of Council Meetings ...... 14 E.4 Petition - Recording of Individual Councillor Voting Decisions ...... 15 E.5 Petition - Content of Public Questions Recorded in Council Minutes ...... 17 F Notices of Motion ...... 20 F.1 208/19 Wonthaggi Surf Life Saving Club (WSLC) ...... 20 G Mayor and Councillors Reports ...... 22 G.1 Mayoral Report - Cr Brett Tessari ...... 22 G.2 Councillor Report - Cr Michael Whelan ...... 23 G.3 Councillor Report - Cr Geoff Ellis ...... 23 G.4 Councillor Report - Cr Les Larke ...... 23 G.5 Councillor Report - Cr Bruce Kent ...... 24 G.6 Councillor Report - Cr Stephen Fullarton ...... 24 G.7 Councillor Report - Cr Pamela Rothfield ...... 25 G.8 Councillor Report - Cr Clare Le Serve ...... 26 H Reports Requiring Council Decision ...... 28 H.1 Adoption of 2019/2020 Annual Budget and Revised Council Plan 2017/2021 ...... 28 H.2 Draft Wonthaggi Activity Centre Plan - Community Engagement ...... 42 H.3 Planning Application 160132 - Multi Lot Subdivision and removal of vegetation at 161 - 163 Reed Crescent & 8 Dowson Drive, Wonthaggi ...... 53 H.4 Response to the Petition - Save Heritage Foreshore Pines at Silverleaves ...... 72 H.5 Guide Park Playspace - Concept Design 2019 ...... 78 H.6 Blue Gum Reserve Master Plan (New), Harold Hughes Reserve Master Plan (new), Thompson Reserve Master Plan (Review) ...... 86 H.7 Review of appointments to Council Committees and Delegated Committees ...... 98 H.8 Review of Council's Instrument of Delegation Council to Staff ...... 101 H.9 Review of Procurement Policy ...... 107 H.10 Award of Tender No. 19004 - Provisions of Banking, Customer Payment Processing and Related Services ...... 112 H.11 Proposed Sale of Land ...... 118 Page 2 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
I Statutory Reports ...... 126 I.1 Assembly of Councillors ...... 126 I.2 Planning and Building Statistics - April 2019 ...... 131 I.3 Contracts Awarded Register ...... 135 I.4 Receipt of Bass Coast Shire Council Audit Committee Minutes - 25 March 2019 ...... 136 I.5 Complaints Handling Register Report ...... 139 J Urgent Business ...... 144 K Confirmation of Closed Minutes ...... 147 K.1 Minutes of Closed Ordinary Meeting held on 15 May 2019 ...... 147 L Reports Requiring Council Decision Closed to the Public ...... 147 L.1 Drainage Risk Matter ...... 147 L.2 Chief Executive Employment Matters Committee Meeting 26 March 2019 ...... 147
Page 3 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Meeting commenced The meeting commenced at 5.03pm
Acknowledgement: Cr Geoff Ellis read the acknowledgement. Statement: Cr Pamela Rothfield read the Councillor Statement.
A Present and Apologies
Councillors: Cr Brett Tessari, Bunurong Ward (Mayor) Cr Bruce Kent, Western Port Ward (Deputy Mayor) Cr Les Larke, Bunurong Ward Cr Stephen Fullarton, Island Ward Cr Pamela Rothfield, Island Ward Cr Michael Whelan, Island Ward Cr Geoff Ellis, Western Port Ward Cr Clare Le Serve, Western Port Ward
Officers in Attendance: Ms Ali Wastie, Chief Executive Officer Ms Jodi Kennedy, General Manager Corporate and Community Mr Jamie Sutherland, Acting General Manager Infrastructure and Environment Ms Allison Jones, General Manager Advocacy, Economy and Liveability Mr David Filmalter, Manager Finance Mr Christian Stefani, Advocacy and Engagement Ms Lee-Anne Harmer, Governance Officer
Apologies: Cr Julian Brown, Bunurong Ward
Page 4 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
B Declarations of Interest
There were no Declarations of Interest.
Page 5 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
C Confirmation of Minutes
C.1 Ordinary Meeting held on 15 May 2019 and Special Meeting held on 29 May 2019
Council Decision Moved: Cr. Stephen Fullarton / Seconded: Cr. Pamela Rothfield That the minutes of the Ordinary Meeting held on 15 May 2019 and the Special Meeting held on 29 May 2019 be confirmed. CARRIED
Page 6 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
D Public Question Time
D.1 Ken Hailey - Coastal Erosion 1. In view of the severe problems at Jam Jerrup, Cowes, Inverloch and other townships, does the Council accept the Shire has a coastal erosion emergency? 2. If so what funds are in place for emergency responses when required, in partnership with the community, State and Federal Governments? Response: Council has several coastal erosion issues across the Shire which it has been discussing with community groups in the affected areas, and strongly advocating to the state and federal government for the past 18 months. Recently Cr Tessari met with State Government Representatives at Parliament House and this week met with the Deputy Secretary of the Federal Department of Environment to advocate on this matter. These discussions include immediate short term actions and long term strategic solutions. Council has recently secured up to $1.35M from the federal government for erosion mitigation works. Council has secured $270,00 from State Government agencies in the 2018/19 financial year to deliver erosion mitigation works. In the event of an emergency Council can access State Government Natural Disaster Financial Assistance where the emergency meets the funding criteria.
D.2 Kevin Griffin, President Bass Coast Ratepayers and Residents Association - Shared Services Will Council please provide an update to the community in regard to progress of the proposed shared services entity with East Gippsland, South Gippsland, and Wellington Shires? Response: Bass Coast in association with East Gippsland, South Gippsland and Wellington Shire Councils made a joint Gippsland Shared Services application to the State Government’s Rural Councils Transformation Program. At this stage Council has not received any formal advice from Local Government Victoria regarding whether the application has or has not been successful.
Page 7 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
D.3 Kevin Griffin, President Bass Coast Ratepayers and Residents Association - Regional Skate Park Will Council please provide an update to the community in regard to progress of the proposed regional skate park. Response: Officers are currently investigating sites that would be appropriate locations for a regional skate park. This will include due diligence on these sites before making a recommendation to Council at a future Council Meeting regarding a preferred site for the Regional Skate Park. Mr Griffin asked a clarification question as to if there were any timelines. The Chair Cr Brett Tessari reiterated Officers are currently in the investigation phase and there are no timelines.
D.4 Bernie McComb - Climate Change Declaration Are Councillors satisfied that they understand enough about the nature of a Climate Change Declaration that they’re comfortable with postponing the making of any commitment? Response: Investigations are currently underway to fully understand the meaning and effects if Council were to make a Climate Emergency Declaration. Discussions with other Victorian Council’s and Greenhouse Alliances are helping to inform the investigations. The Council Plan and Council’s Natural Environment Strategy acknowledges climate change and discusses the effects and Council objectives/activities, such as education, advocacy for coastal erosion and climate adaptation, mitigation measures to draw down and reduce emissions, and build community resilience against the impacts of global warming.
Page 8 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
E Petitions, Joint Letters, Deputations and Correspondence
E.1 Petition - Sealing Shetland Heights / Potters Hill Road Project
File No: CM19/385 Division: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
A petition containing 188 signatures has been received. The petition reads: We the undersigned are petitioning Bass Coast Shire to upgrade and seal Shetland Heights and Potters Hill Roads ASAP. These are NOT private roads. They are the only alternative way for vehicles to get to San Remo village and get on / off Phillip Island. Over peak periods, the population of the island increases by more than 50,000. In case of emergency, there needs to be a safe alternative route. At the moment, these unsealed roads are being used by up to 800 vehicles a day in peak periods and are usually in a state of poor repair. This issue needs to be addressed for the safety of all before there is a serious injury. A petition containing 36 signatures has been presented to Council. The petition reads: We the petitioners request the council, under the Urban Road and Drainage Policy Scheme, to prioritise the sealing of Shetland Heights and Potters Hill Roads. This petition is our submission of evidence in support of the re-prioritisation of this project so that it can be commenced as soon as possible. We understand that the project may require 'user pays' contributions in accordance with the Council's Special Rates and Charges policy. We realise that the council will be required to spend a large sum ($200-300,000) in the planning, design and consultation process of this project This process will involve extensive consultation with each of the 35 land owners whose property abuts the roads in question, and will allow us all to have our say in regard to the specifications we want in terms of quality of seal, drainage, footpaths, lighting etc. The cost of the project will attract substantial offsets which will reduce land owners' contributions significantly as there is enormous community benefit, emergency access, public beach access and other unique considerations that will need to be taken into account. Once the cost of the project has been calculated, and the required contribution from the land owners has been clarified, each of the petitioners will be required to vote again to determine if they are still in favour of proceeding with the project This petition is simply to get the council to undertake the required study and consultation process so that the land owners affected have all the data required to make an informed decision. There is no financial commitment required from us at this stage.
Bass Coast Shire Council Page 9 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Section 61.3 of the Bass Coast Shire Council Meeting Procedure Local Law 2018 states that: “A petition or joint letter presented to Council must lay on the table until a future Ordinary meeting and no motion, other than to receive the petition or joint letter, may be accepted by the Chairperson, unless Council resolves to deal with it earlier.” At this same meeting Council is also considering the adoption of the 2019/20 annual budget and in doing so will respond to budget submissions received from the community. One submission received was from the Safe Roads for San Remo Action Group and seeks the same outcome as the petition being considered in this report. The submission reads; The action group request consideration for funding Shetland Heights Road and Potters Hill Road, San Remo, special charge scheme and aske Council to make it a priority in the 2019-2020 budget. The action group have been advised by Council that Council will need to commit approx. $200k -$300k to investigate the engineering, planning, design and drainage issues associated with sealing the road and that 70% of the affected landowners will need to agree to the special charge scheme. The group have submitted a petition from 70% of the affected landowners and this forms part of their budget submission. It is recommended that Council responds to the petition included in this report in accordance with the response to the 2019/20 budget submission from Safe Roads for San Remo Action Group.
Recommendation That Council: 1. Receives the petition in relation to the Sealing Shetland Heights / Potters Hill Road Project 2. Responds in accordance with the response provided at this meeting to the 2019/20 budget submission submitted by Safe Roads for San Remo Action Group 3. Advise the head petitioner of Council’s decision.
Attachments AT- CONFIDENTIAL - Letter & Petition 1 - Sealing Shetland Heights / 22 1 Potters Hill Roads Project Pages AT- CONFIDENTIAL - Letter & Petition 2 - Sealing Shetland Heights / 12 2 Potters Hill Roads Project Pages
Bass Coast Shire Council Page 10 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council Decision Moved: Cr. Geoff Ellis / Seconded: Cr. Pamela Rothfield That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 11 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
E.2 Petition - Requesting a Fenced Dog Park
File No: CM19/422 Division: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
A petition containing 1201 signatures has been received. The petition reads: We the undersigned respectfully request that the Bass Coast Shire Council consider our request to provide the amenity of fenced in, off leash dog park/parks where well behaved Phillip Island canine residents can exercise in a clean, safe environment without endangering or annoying people, children, property or wildlife.
Section 61.3 of the Bass Coast Shire Council Meeting Procedure Local Law 2018 states that: “A petition or joint letter presented to Council must lay on the table until a future Ordinary meeting and no motion, other than to receive the petition or joint letter, may be accepted by the Chairperson, unless Council resolves to deal with it earlier.”
Recommendation 1. That the petition for a Fenced Dog Park be received and lie on the table until the next Ordinary meeting of Council to be held on 17 July 2019. 2. That the head petitioner be advised of Council’s decision.
Attachments AT- CONFIDENTIAL - Petition - Requesting a Fenced Dog Park - letter to 1 Page 1 Councillors AT- Petition - Requesting a Fenced Dog Park - introduction 5 Pages 2 AT- CONFIDENTIAL - Petition - Requesting a Fenced Dog Park - 63 3 signatures Pages AT- CONFIDENTIAL - Petition - Requesting a Fenced dog Park - locations 1 Page 4 signatures AT- Petition - Requesting a Fenced Dog Park - locations 2 Pages 5 AT- Petition - Requesting a Fenced Dog Park - Paws 4 Play 1 Page 6
Bass Coast Shire Council Page 12 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
AT- Petition - Requesting a Fenced Dog Park - Design 2 Pages 7 AT- Petition - Requesting a Fenced Dog Park - Examples 7 Pages 8
Council Decision Moved: Cr. Geoff Ellis / Seconded: Cr. Stephen Fullarton That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 13 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
E.3 Petition - Introduce Live Streaming of Council Meetings
File No: CM19/458 Division: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
A petition containing 25 signatures has been received. The petition reads: In the interests of public transparency and community engagement we the undersigned request that Bass Coast Shire Council introduce Live-Streaming of Council meetings within 3 months of tabling of this petition at Council or sooner if practicable. Section 61.3 of the Bass Coast Shire Council Meeting Procedure Local Law 2018 states that: “A petition or joint letter presented to Council must lay on the table until a future Ordinary meeting and no motion, other than to receive the petition or joint letter, may be accepted by the Chairperson, unless Council resolves to deal with it earlier.”
Recommendation 1. That the petition Introduce Live Streaming of Council Meetings be received and lie on the table until the next Ordinary meeting of Council to be held on 17 July 2019. 2. That the head petitioner be advised of Council’s decision.
Attachments AT- CONFIDENTIAL - Petition - Introduce Live Streaming of Council 5 1 Meetings Pages
Council Decision Moved: Cr. Geoff Ellis / Seconded: Cr. Les Larke That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 14 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
E.4 Petition - Recording of Individual Councillor Voting Decisions
File No: CM19/459 Division: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
A petition containing 25 signatures has been received. The petition reads: In the interests of public transparency and community engagement we the undersigned request that Bass Coast Shire Council reintroduce the recording of individual Councillor voting decisions. Section 61.3 of the Bass Coast Shire Council Meeting Procedure Local Law 2018 states that: “A petition or joint letter presented to Council must lay on the table until a future Ordinary meeting and no motion, other than to receive the petition or joint letter, may be accepted by the Chairperson, unless Council resolves to deal with it earlier.”
Recommendation 1. That the petition Recording of Individual Councillor Voting Decisions be received and lie on the table until the next Ordinary meeting of Council to be held on 17 July 2019. 2. That the head petitioner be advised of Council’s decision.
Attachments AT- CONFIDENTIAL - Petition - Recording of Individual Councillor Voting 5 1 Decisions Pages
Bass Coast Shire Council Page 15 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council Decision Moved: Cr. Les Larke / Seconded: Cr. Stephen Fullarton That the recommendation be adopted. LOST Cr Les Larke called for a division For Against Cr Larke Cr Le Serve Cr Fullarton Cr Rothfield Cr Tessari Cr Whelan Cr Ellis Cr Kent
Moved: Cr. Pamela Rothfield / Seconded: Cr. Clare Le Serve That Council: 1. Deals with the petition by noting that the Bass Coast Shire Council’s Meeting Procedure Local Law 2018 (Local Law) was adopted at Councils Ordinary Meeting 16 May 2018 following a public submission process and Gazetted 24 May 2018 and resolved that the Local Law provides a provision for a Councillor to call for a division on any decision. 2. That the head petitioner be advised of Council’s decision CARRIED Cr Les Larke called for a division For Against Cr Le Serve Cr Larke Cr Rothfield Cr Fullarton Cr Tessari Cr Whelan Cr Ellis Cr Kent
Bass Coast Shire Council Page 16 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
E.5 Petition - Content of Public Questions Recorded in Council Minutes
File No: CM19/460 Division: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
A petition containing 24 signatures has been received. The petition reads: In the interests of public transparency and community engagement we the undersigned request that Bass Coast Shire Council immediately cease the practice of repressing the preamble and relevant content from public questions recorded in Council minutes. Section 61.3 of the Bass Coast Shire Council Meeting Procedure Local Law 2018 states that: “A petition or joint letter presented to Council must lay on the table until a future Ordinary meeting and no motion, other than to receive the petition or joint letter, may be accepted by the Chairperson, unless Council resolves to deal with it earlier.”
Recommendation 1. That the petition Content of Public Questions Recorded in Council Minutes be received and lie on the table until the next Ordinary meeting of Council to be held on 17 July 2019. 2. That the head petitioner be advised of Council’s decision.
Attachments AT- CONFIDENTIAL - Petition - Content of Public Questions Recorded in 5 1 Council Minutes Pages
Bass Coast Shire Council Page 17 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council Decision Moved: Cr. Geoff Ellis / Seconded: Cr. Bruce Kent That the recommendation be adopted. CARRIED Cr Geoff Ellis called for a division For Against Cr Le Serve Cr Rothfield Cr Tessari Cr Larke Cr Fullarton Cr Ellis Cr Kent
Cr Michael Whelan abstained
Bass Coast Shire Council Page 18 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Notices of Motion
Bass Coast Shire Council Page 19 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
F Notices of Motion
F.1 208/19 Wonthaggi Surf Life Saving Club (WSLC)
I, Cr Les Larke, hereby give notice that I intend to move a motion at the Ordinary Meeting on 19 June 2019, which reads as follows:
WONTHAGGI SURF LIFE SAVING CLUB (WSLC)
Motion That Council provide a report at the Ordinary Council Meeting scheduled for 17 July 2019 setting out details of monetary and non-monetary support provided to the WSLC in relation to the flooding event of 10 May 2019, including flooding mitigation strategies and maintenance implemented or proposed, to reduce or eliminate further risk to the WSLC precinct, buildings, drainage and other infrastructure.
Background by Councillor Nil
Officers Comments 2019 Council is working in a collaborative partnership with Wonthaggi Surf Life Saving Club, State Government and Life Saving Victoria to ascertain the way forward for the club to deliver services in the upcoming season. Council will provide a report at the July 2019 Ordinary Meeting of Council on these activities and associated costs incurred by Council.
………………………………………….. Cr Les Larke, Bunurong Ward Dated: 19 June 2019
Attachments There are no attachments for this report.
Council Decision Moved: Cr. Les Larke / Seconded: Cr. Stephen Fullarton That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 20 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Mayor and Councillors Reports
Page 21 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
G Mayor and Councillors Reports
G.1 Mayoral Report - Cr Brett Tessari We would like to acknowledge and congratulate Mr John McKenzie Fleming who was awarded the prestigious medal of the Order of Australia on the Queen’s Birthday, 10 June 2019 for service to the community of Wonthaggi. John’s extensive list of contributions includes, but is not limited to his work with the CFA in Wonthaggi and Glen Alvie, the Lions Club of Wonthaggi, founding board member of Bass Coast Community Foundation, Bass Coast Safety Ambassador, numerous awards including Rotary Citizen of the Year, and he also served as Councillor and Mayor in the Borough of Wonthaggi.
Activities: Attended Budget Workshop Attended MAV Rural / Regional Forum Attended site visit Wonthaggi Secondary School with Premier Daniel Andrews Attended Inverloch Primary School’s snake sculpture event Attended Cemetery Trust Special Meeting Attended National General Assembly 2019 – Canberra Attended GLGN Networking Dinner Attended NGA Networking Dinner
Meetings: Attended Council Workshops and Briefings Attended Community Connection Sessions Chaired Councillor Only Meetings Weekly meetings with CEO, Council Support and Communications Additional Meetings: • Liz Stinson, Chair, Phillip Island Nature Parks • Jordan Crugnale MP • Deputy Secretary Rachel Bacon, Department of Infrastructure, Transport, Cities and Regional Development • Dr Lisa Studdert, Deputy Secretary, Population Health, Sport and Aged Care Royal Commission Taskforce • The Hon Michael Sukkar MP, Minister for Housing • Kylie Jonasson, Department of Environment and Energy • Amanda Franzi, Roberta Latta and Harold Lomas - Department of Education and Training, Higher Education Group
Page 22 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
• Mike Mrdak, Lachlann Paterson, Ali Todd and Phil Smurthwaite – Department of Communication & the Arts • Meeting with Mr Tom Pretty - Advisor to Minister for Education, The Hon Dan Tehan • Brenton Philp and Paul Hardcastle, Department of Social Services • The Hon Mark Coulton, Minister for Regional Services, Decentralization and Local Government
G.2 Councillor Report - Cr Michael Whelan • Marine and Coastal Environment Meeting • National Reconciliation Week • Western Port Biosphere Meeting
G.3 Councillor Report - Cr Geoff Ellis As well as taking a leadership role in several Reconciliation Week events, such as Sorry Day and a Flag raising in Cowes, this month has been another rewarding, though crowded, round of meetings with ratepayer groups, foreshore committees, disability advocacy groups and people who are working to reduce homelessness. On the 14th I chaired the Library Corporation Board Meeting that considered expressions of interest for the location of the Waterline Library. Our decision is Grantville Transaction Centre. This decision still needs to be ratified by Council. Our library service isn't constrained to any particular building. I look forward to an evolving set of outreach programs that are relevant and accessible to all the people of the Waterline. I need to profusely thank my fellow councillors, particularly Cr Le Serve, and Cr Tessari, for patient support and mentoring through this weighty process.
G.4 Councillor Report - Cr Les Larke • Wonthaggi Surf Life Saving Club - Cape Paterson meetings/visits (5) • State Coal Mine - Employment for all abilities event • Come & play all of May – Archies Bald Portrait exhibition – Archies Creek • Chair – Wonthaggi Business & Tourism Association AGM committee elections • MC – South Gippsland/Bass Coast Business Alliance networking event - Inverloch • Bass Coast Residents & Ratepayers Association meeting - Dalyston
Page 23 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
• Regional Roads Victoria Strategy Development workshop - Traralgon • Meeting with Friends of the Wonthaggi Cemetery Trust • Inverloch/Kongwak Primary School snake sculpture tile installation • Wonthaggi Cemetery Trust and San Remo Cemetery Trust meeting • Refugee week – Staging Post film at Wonthaggi Union Theatre • ANZ Agriculture and Economic Update - Leongatha
G.5 Councillor Report - Cr Bruce Kent • Attended National General Assembly 2019 – Canberra • National Reconciliation Week
G.6 Councillor Report - Cr Stephen Fullarton We would like to acknowledge the passing of Jock McKechnie. Jock was the Shire Engineer from 1960-1988 as well as the Town Planner and Building Surveyor amongst other roles. Much of the infrastructure on Phillip Island is as a result of Jocks contribution, the Cowes Recreation Centre, Cultural Centre, Senior Citizens and Newhaven Information Centre. Sporting clubs such as Football and Netball owe a debt of gratitude for the ongoing support from Jock over many years. Jock also supported other clubs including the Golf Club and Boardriders Club.
• 15 May Council Briefings and Ordinary Meeting • 18 May Newhaven College Open Day • 21 May Council Briefings • 28 May National Reconciliation Week Opening CCC • 29 May Council Briefings and Special Meeting • 31 May 3D Hands Opening 5/26 The Concourse Cowes • 5 Jun Council Briefings • 12 Jun Council Briefings and Special Meeting • 17 Jun Phillip Island RSL 2019 Community Grants Presentation Dinner and 80th Birthday Celebration
Page 24 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
G.7 Councillor Report - Cr Pamela Rothfield In March this year the state Govt. called for an Inquiry into Recycling and Waste Management and more than 200 submissions had been received relating to it. The Inquiry calls for the Environment and Planning Committee to provide an urgent interim report on the current circumstances in municipal and industrial recycling and waste management, on the ‘crisis’ in Victoria’s recycling and waste management system, partly brought about by the introduction of China’s green sword policy last year and more recently Malaysia’s waste importation ban. An interim report is due on 29 August 2019 with the final report due at the end of November. We await this date with great anticipation. As a member of the Gippsland Waste Resource Recovery Group I’d like to give a quick insight as to some good news in regards to material recovery, which is occurring right now in our state. Last month I was lucky enough to take a field trip to the western and northern parts of Melbourne visiting three MRFs –acronym - Material Recovery Facilities. These are specialized plants that receive, separate and prepare recyclable materials for marketing to end-user manufacturers - typically glass, metal, aluminium and plastics and others stuff. In the three facilities I visited, I saw the future of recycling – the future is here. It is more than encouraging. The first company was a newly opened facility recovering plastics and various polymers. Operated by robots, and innovative technology, sorting cleaning and grating into chips for reuse. There was no limit to what sort of plastics or polymers this facility could recover. The next two facilities were something totally different – one was a 150-acre (60 ha) construction and demolition industry resource recovery park. I am using the word park – because it was breathtakingly beautiful – given its function. Just a quick sketch on what they do – they recover materials such as aggregate, industrial sand, asphalt, concrete, brick, rock, glass, and more. The other facility I visited was a glass and asphalt recycling plant that is capable of separating contaminants such as metal, paper and plastics from recyclable crushed glass. This company make use of dirty or contaminated glass containers and shards collected in kerbside recycling. It is capable of recycling up to 150,000 tonnes a year, which equates to four million bottles per day. So where is the end market for these recycled materials? Look no further than a VicRoads-approved road-base and asphalt. Crushed glass (called glass fines) for examples - sourced from kerbside recycling collections has been turned into sand to build Victorian roads, including the recent Tullamarine Freeway widening from Bulla Road to Power Street. All good news stories. All these facilities have one thing in common – their founders are passionate about the circular economy – to reduce the reliance on extractive resources and instead re- use our existing resources.
Page 25 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
As long as our communities continue to recycle and keep the pressure on the people building our infrastructure to do it sustainably, such companies as I have talked about here this evening (and we want more of them – especially right here in Bass Coast) - have important roles to play in building greener roads and other infrastructure - ensuring we have a thriving circular economy. Whilst on the good news – I’d like to talk about batteries. Something is happening here in Gippsland - There is a proposal to build a $35 million battery recycling plant in Latrobe Valley. The facility would recycle about 50,000 tons of discarded batteries into lead alloy, fertilisers and chipped plastic. At the moment in Australia we send the majority of discarded batteries – something like 150,000 tons overseas and about 50,000 tons are processed in Wagga Wagga NSW. Things are changing. E Waste – electronic waste From 1 July – that is 12 days away – the Victorian Government is banning e-waste from going to landfill. E-waste covers a range of items we all use in our daily working and home lives, including televisions, computers, mobile phones, kitchen appliances and white goods – in fact anything with a plug , cord or a battery. Why? Because all these items have material which can be recovered and reused. More good news – the Morrison Govt. has made an election promise of $200 million to increase recycling and reduce waste and has appointed Australia’s first assistant minister for waste reduction, Trevor Evans. Finally, today the State Government announced that single use plastic shopping bags will be banned across Victoria from 1 November this year. Despite some setbacks, it isn’t a story of just doom and gloom - and I thank you for allowing me the time to offer a different perspective.
G.8 Councillor Report - Cr Clare Le Serve • 16th May REG meeting, thank the farming community for presenting a submission to the Budget. • Wonthaggi Theatre Show -Les Miserables • 5th June Climate Impact & Solutions at Inverloch co-hosted Friends of the Earth and Bass Coast Climate Action Group. • Queen’s Birthday week end, I attended the Corinella Community Centre – Traditional Art Show
Page 26 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Reports Requiring Council Decision
Bass Coast Shire Council Page 27 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
H Reports Requiring Council Decision
H.1 Adoption of 2019/2020 Annual Budget and Revised Council Plan 2017/2021
File No: CM19/423 Division: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
Declaration The author has no direct or indirect interests in relation to this report.
Summary This purpose of this report is to adopt the 2019/2020 Annual Budget and the Revised Council Plan 2017-2021 following the hearing of submissions received under Section 223 of the Local Government Act 1989. The highlights of the 2019/2020 Annual Budget Include: The development of a strategic approach to major projects and major precincts, from concept through to implementation and activation. These include: o Wonthaggi Activity Centre Plan o Cowes Activity Centre Plan o Phillip Island Transfer Station o Cowes Cultural Centre o Aquatics o The former Wonthaggi Secondary College Site o Phillip Island Recreational Reserve A new service delivery model to streamline and improve the customer experience of Development services. This responds to pressure on existing resources that is linked to significant population and development growth in the municipality including the new Wonthaggi North East precinct. Managing Council’s transition to a potential shared services model and driving efficiencies across the organisation. Strategic planning studies and structure plans namely: o Distinctive Areas and Landscapes Project o Wonthaggi North East Precinct Structure Planning o Wonthaggi Secondary College redevelopment structure plan o Smiths Beach Master Plan
Bass Coast Shire Council Page 28 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Our investment in capital projects continues to be a priority with a proposed program of $21.11 million, which includes: Land purchases and various building works $6.456 million The replacement of plant, fleet and equipment $1.920 million Infrastructure works such as pathways, roads, drainage, open space and recreation facilities $12.737 million More specifically, the capital budget includes:: Progressing the Phillip Island Transfer Station ($1.8 million) which includes funding for the acquisition of a suitable site and detailed design for this new community facility which is expected to be completed in the next three years. $1.5 million for the upgrade of the Phillip Island Community Adult Learning Centre (PICAL). $1.5 million for the Principal Bike Network Path for Surf Parade, Inverloch. $1.5 million for the Bass Coast Regional Skate Park. Funding of $900,000 for Inverloch Netball courts and $700,000 for the renewal of Dalyston Netball courts. Funding of $2.9 million for a number of major tennis court renewals and upgrades in Wonthaggi, Inverloch and Corinella. $1 million for a number of urban roads renewal projects, including spray seals, pavement renewal, asphalt seals and kerb renewal. $1.1 million for the renewal and upgrade of Sheepways Road South. $0.5 million for drainage renewal projects including $215,000 for rain garden and wetland renewal. There has been no change to the revised Council Plan 2017-2021 as presented on public exhibition.
Background Council gave public notice of the proposed 2019/2020 Budget and draft Revised Council Plan 2017-2021 in accordance with the Local Government Act 1989. Advertisements were placed in the South Gippsland Sentinel Times and the Phillip Island and San Remo Advertiser. The proposed Budget and draft Revised Council Plan 2017-2021 were made available for inspection and members of the public have had the opportunity to make written submissions under Section 223 of the Local Government Act 1989. The proposed Budget and draft Revised Council Plan 2017-2021 were open for submissions from 18 April 2019 until 5.00 pm Wednesday, 22 May, 2019. Council received 35 written submissions – full copies of which have been distributed to Councillors. Of those submissions received, 15 were heard in person.
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The budget is based on the activities that Council planned for the 2019/2020 financial year. In response to the submissions received from the community on the proposed budget and additional information that has been provided since the release of the proposed budget for public comment, there are a number of changes recommended to the final 2019/2020 Budget. These changes include: Funding of $50,000 to commence the planning stage for the upgrade of Shetland Heights Road and Potters Hill Road. This funding is contingent on Council receiving demonstrated support from affected land owners for this project and should this not be forthcoming Council will reallocate this budget allocation for other purposes or return the funds to consolidated revenue. Funding of $100,000 for the detailed design of the Cowes/Rhyll walking/bike path track. Council has allocated these funds from the specific budget allocation of $226,000 that it included within its proposed budget for new shared paths. Funding of $30,000 for the purpose of addressing wildlife roadkill on Phillip Island. This funding is conditional on Council being provided with a report on the efficacy of the measures taken by the end of the 2019/20 financial year. Funding of $80,000 towards the completion of the new Ventnor Community Hall which will fund: o Construction of toilet access ramps o Fit out of the kitchen o External handrails and first aid facilities Funding an additional $17,500 for roadside weed management. This will increase total funding to $100,000 which includes funding of $16,500 from DELWP. Funding of $10,000 towards the review of Council’s rating strategy. Funding of $4,000 for the Island Story Gatherers to obtain professional consultation to enable the growth of their program. Funding of $50,000 to complete the design of the Norseman Road Improvement Plan (Coronet Bay Wetlands). Council has since the release of the proposed budget in April identified $264,500 in savings that have been included in the final budget. These savings comprise: An additional $214,500 in revenue from the Commonwealth’s financial assistance grants program that relate to ongoing Council advocacy for part time and absentee ratepayers to be taken into account by the Victorian Grants Commission when allocating funding to individual councils. Savings of $50,000 that have been identified as a result of Council going to market with a competitive tender process for its banking services. As a result of the above changes Council will transfer an additional $23,000 to discretionary reserves. There are no proposed changes to the Revised Council Plan 2017-2021 that was placed on exhibition.
Bass Coast Shire Council Page 30 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Strategic Basis The proposed Council Plan sets the framework for strategic decision making for Council, whilst the proposed Budget provides the authorising environment and funding to deliver year three of the Council Plan. They are the primary strategic planning documents of Council. Council Plan Objective: Governance – We are responsive, open, transparent and financially sustainable Strategic Outcome: Provide equitable distribution of resources across the Shire Be diligent in ensuring services meet community need and are cost effective Manage our financial resources and report on our performance Engage with the community on decisions that impact them Explore other alternatives for revenue opportunities Strategic Indicator: Strategic Indicators Measures Community Satisfaction with Council Achieve the top quartile of Large Rural Decisions Councils Transparency of Council decisions Achieve the top quartile of Large Rural Councils Community Satisfaction with Consultation Achieve the top quartile of Large Rural and Engagement Councils Community satisfaction with customer Achieve the top quartile of Large Rural contact Councils Local Government Performance Reporting Measures that are reported are within the Framework (LGPRF) – Financial top quartile for Large Rural Councils as Performance identified in the LGPRF Victorian Auditor General Office (VAGO) The Strategic Resource Plan and the Long Financial Sustainability indicators Term Financial Plan to meet or better VAGO low risk indicators Other financial and non-financial Adjusted underlying operation result aims performance indicators to achieve an operating surplus Implementation of monthly and year to date financial reporting, with plain English version for our Community Implementation of monthly and year to date non-financial performance reporting, with plain English version for our Community Increased efficiencies as a result of information technology improvements
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Strategic Indicator Measures Communications and Engagement Strategy Complete Strategy implementation by 2015-18 actions implemented June 2018 Develop and Implement a Revenue Strategy Strategy developed and actions implemented
Major Initiative / Initiative Within the proposed Budget 2019/2020 the following Major Initiatives and Initiatives have been included: Major Initiatives Seek Victoria Government funding to progress the car ferry business case Continue the planning for Phillip Island Resource Recovery Centre and Depot Development Facilitate the Rhyll Jetty activity area precinct plan Continue work on business transformation within the organisation Implement changes to the Local Government Act, if adopted Participate in the Distinctive Areas and Landscapes Project in partnership with the State Government Implement the Wonthaggi North East Precinct Structure Plan Implement an improved service delivery model for Development Services Commence review and redevelopment of Youth Action Plan (2020-2024). Commence review and redevelopment of Municipal Early Years Plan (2020-2024) Commence review and redevelopment of the Disability Action Plan (2020-2024) Implement decisions to cease provision of Aged and Disability Services Review Council’s Rating Strategy Continue project implementation and operational management planning of the Highball Stadium in partnership with the Wonthaggi Secondary College Initiatives Continue the Heritage Gaps project Commence the development of a master plan for Smiths Beach Continue to implement the Advocacy Strategy Implement relevant Year 2-5 actions in the Phillip Island and San Remo Visitor Economy Strategy 2035 Growing Tourism Implement year four actions from Council’s Economic Development Strategy 2016-2021 Implement high priority projects from waste infrastructure gap analysis Take action against foreshore encroachment and vegetation removal
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Continue implementation of Council’s Biodiversity Biolinks Plan Continue implementation of the One Council Solution Commence the review of the Drainage Services Asset Management Plan. Implement the Domestic Animal Management Plan year three/four actions. Commence development of a master plan for Wonthaggi Secondary campus Develop and implement of Project Management Framework Implement year three of the Municipal Public Health and Wellbeing Plan 2017-2021 Implement year one of the Arts and Culture Plan 2019-2029 Implement year two of Active Bass Coast Continue the development of the Reconciliation Action Plan
Finances The costs associated with the development of the proposed Annual Budget 2019/2020 and the Revised Council Plan 2017-2021 have been factored into the operating budget of the Finance Department and the Governance and Information Services Department. The main costs are internal resources in hosting the consultation, advertising and the preparation of the documentation.
Stakeholders All residents, ratepayers, visitors, businesses and other government agencies have an interest in the proposed Budget and the Revised Council Plan 2017-2021. The proposed Budget and the Revised Council Plan 2017-2021 were made available on Council’s website at www.basscoast.vic.gov.au/abetterbasscoast and at the Customer Service Centres. Drop in sessions for people to come along and have a chat about the proposed documents were held at: Wonthaggi – Tuesday, 30 April at the Old Wonthaggi Post Office, McBride Avenue from 6.30pm to 7.30pm - One (1) person attended Facebook – Tuesday, 1 May at www.facebook.com/basscoastshire from 6.30pm to 8.00pm - Thirty five (35) individuals posting 79 comments/questions - Total Reach – 4,399 - Total Impressions - 7,454 - Number of clicks – 1,047 - Number of people who clicked – 464
Other Options The Local Government Act 1989 requires Council to prepare an Annual Budget. Council could choose not to receive submissions to the proposed Budget but it would be in breach of the Act. Bass Coast Shire Council Page 33 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Conclusion Council has worked with the community to ensure their aspirations and feedback have been considered in the Proposed 2019/2020 Annual Budget and Draft Revised Council Plan 2017-2021. These documents have been on public exhibition between 18 April and 22 May 2019, submissions to this process were heard on 29 May 2019. The proposed Annual Budget 2019/2020 and the Revised Council Plan 2017-2021 are now presented for adoption.
Recommendation That Council: 1. Having considered all submissions received, adopts the Budget 2019/20 and the Revised Council Plan 2017-2021 annexed to this resolution as Attachments 1 and 2, in accordance with Section 130 of the Local Government Act 1989 (the Act). 2. Authorises the Chief Executive Officer to: 2.1. Give public notice of this decision to adopt the Budget 2019/20 and Revised Council Plan 2017-2021, in accordance with Section 130(2) of the Act; 2.2. Forward a copy of the adopted Budget 2019/2020 and Revised Council Plan 2017-2021 to the Minister for Local Government, in accordance with Section 130(4) of the Act; 2.3. Make available a copy of the adopted Budget 2019/2020 and Revised Council Plan 2017-2021 at the Wonthaggi, Cowes, Inverloch and Grantville Customer Service Centres for public inspection in accordance with section 130(9) of the Act; and 2.4. Thank persons making submissions to the budget in writing for their submission and advise them of the outcome of the budget decision. 3. In accordance with the provisions of the Act, declares that the amounts that it intends to raise by way of general rates and service charges for the period 1 July 2019 to 30 June 2020 are as follows: General Rates $48,666,770 Annual Service (Garbage) Charge $11,949,000 Total $60,615,770 The declaration above excludes any supplementary rates, supplementary charges or rates in lieu. 4. Authorises a general rate be declared for the period commencing 1 July 2018 to 30 June 2019 and that: 4.1. It be declared that the general rate be raised by the application of differential rates. 4.2. A differential rate be respectively declared for rateable land having the respective characteristics specified below, which characteristics will form the criteria for each differential rate so declared:
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4.2.1. Developed Land is any land which does not have the characteristics of: 4.2.1.1. Farm Land; 4.2.1.2. Vacant Land; and 4.2.1.3. on which a building is erected, which building is: 4.2.1.3.1. lawfully used primarily for residential, commercial or industrial purposes; and 4.2.1.3.2. designed for permanent occupation. 4.2.2. Vacant Land is any land which does not have the characteristics of: 4.2.2.1. Farm Land; 4.2.2.2. Developed Land; or
4.2.3. Farm Land is any land which is ‘farm land’ within the meaning of section 2(1) of the Valuation of Land Act 1960. 4.3. Each differential rate will be determined by multiplying the Capital Improved Value of each rateable land (categorised by the characteristics described in paragraph 4.2. of this Recommendation) by the relevant cents in the dollar indicated in the following table: CATEGORY Cents in the dollar 0. 31170 cents in the dollar of Developed Land Capital Improved Value 0. 24936 cents in the dollar of Farm Land Capital Improved Value 0. 46755 cents in the dollar of Vacant Land Capital Improved Value 0.18702 cents in the dollar of Recreational Capital Improved Value 4.4. It be recorded that Council considers that each differential rate will contribute to the equitable and efficient carrying out of Council functions, and that: 4.4.1. The respective objectives of each differential rate be those specified in the Schedule to this Recommendation; and 4.4.2. The respective types or classes of land which are subject to each differential rate be those defined in the Schedule to this Recommendation; and 4.4.3. The respective uses and levels of each differential rate in relation to those respective types or classes of land be those described in the Schedule to this Recommendation; and
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4.4.4. The relevant: 4.4.4.1. uses of; 4.4.4.2. geographical locations of; 4.4.4.3. planning scheme zonings of; and 4.4.4.4. types of buildings on the respective types or classes of land be those identified in the Schedule to this Recommendation.
4.5. Notwithstanding anything else contained in this Recommendation and in accordance with section 4(4) of the Cultural and Recreational Lands Act 1963, the amount of rates payable in respect of each rateable land to which that Act applies be determined by multiplying the Capital Improved Value of that rateable land by 0.18702 cents in the dollar. 5. Authorises the following Annual Service Charges: 5.1. An annual service charge be declared in respect of the 2018-2019 Financial Year. 5.1.1. The annual service charge of $449.00 per annum per tenement be declared for the collection and disposal of refuse. 5.1.2. An annual service charge of $55.81 per annum per tenement be declared for each standard 120 litre general waste bin upgraded to a 240 litre general waste bin for the collection and disposal of refuse. 5.1.3. An annual service charge of $100.11 per annum per tenement be declared for each additional recycling waste bin for the collection and disposal of recyclable refuse. 5.1.4. An annual service charge of $95.09 per annum per tenement be declared for each additional green waste bin for the collection and disposal of recyclable refuse. 5.1.5. The annual service charges be for each rateable land and non-rateable land (or part) in respect of which a service is provided and an annual service charge may be levied. 6. Having considered submissions received in relation to the 2019/20 Budget, directs that the rates and charges as declared for 2019/20 be levied by sending notices to the persons who are liable to pay, in accordance with Section 158 of the Act. 7. Resolves that the rates and charges for 2019/20 must be paid by the dates fixed under Section 167 of the Act, namely: In full by 15 February 2020 or
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By equal instalments on the following dates: - 30 September 2019 - 30 November 2019 - 28 February 2020 - 31 May 2020 8. Declares that it be recorded that Council requires any person to pay interest at the maximum rate fixed under section 2 of the Penalty Interest Rates Act 1983 as the rate set out in accordance with section 172(2) of the Act (currently 10%) on any amounts of rates and charges which: 8.1. that person is liable to pay; and 8.2. have not been paid by the date specified for their payment. 9. Authorises the Chief Executive Officer to demand payment of and recover the rates and charges as declared in the 2019/20 Budget. 10. Authorises the Chief Executive Officer to sign and seal any loan and financial documents relating to the proposed borrowings of $3.57 million in the 2019/20 Budget. 11. Notes that any additional unfunded programs, services and projects will be considered by Council after the consideration of the 2018-2019 Annual Report.
SCHEDULE DEVELOPED LAND The objective of this differential rate is to ensure that such land makes an equitable financial contribution to the cost of carrying out the functions of Council. Those functions include the – 1. implementation of good governance and sound financial stewardship; and 2. construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and 3. development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and 4. provision of strategic and economic management, town planning and general support services; and 5. promotion of cultural, heritage and tourism aspects of Council’s municipal district. The types and classes of ratable land within this differential rate are those having the relevant characteristics described above. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council.
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The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2018-2019 Financial Year.
VACANT LAND The objective of this differential rate is to: - 1. encourage the development of land; and 2. ensure that such land makes an equitable financial contribution to the cost of carrying out the functions of Council. Those functions include the – a. implementation of good governance and sound financial stewardship; and b. construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and
c. development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and d. provision of strategic and economic management, town planning and general support services; and e. promotion of cultural, heritage and tourism aspects of Council’s municipal district. The types and classes of rateable land within this differential rate are those having the relevant characteristics described above. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above.
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Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme.
FARM LAND The objective of this differential rate is to: - 1. identify land used for primary production; and 2. ensure that such land makes an equitable financial contribution to the cost of carrying out the functions of Council. Those functions include the – a. implementation of good governance and sound financial stewardship; and b. construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and c. development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and d. provision of strategic and economic management, town planning and general support services; and e. promotion of cultural, heritage and tourism aspects of Council’s municipal district. The types and classes of rateable land within this differential rate are those having the relevant characteristics described above. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme.
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Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2018-2019 Financial Year.
Attachments AT- Bass Coast Shire Council 2019-20 Budget FINAL 64 1 Pages AT- Council Plan 2017-21 30 2 Pages AT- Bass Coast Shire Council 2019-20 Budget Submissions Summary and 12 3 Responses Pages
Council Decision Moved: Cr. Pamela Rothfield / Seconded: Cr. Bruce Kent That the recommendation be adopted.
Cr Michael Whelan proposed an amendment Moved: Cr. Michael Whelan / Seconded: Cr. Geoff Ellis In Clause 1 after the words “Budget 2019/2020” insert the words “as noted in clause 1.1”. In Clause 2.1 after the words “Budget 2019/2020” insert the words “as noted in clause 1.1”. Insert as Clause 1.1 the following words: “The project included on page 8 under Item 1.5 Capital Works referred to as ‘Principle Bicycle Network Surf Parade Inverloch’ is to be subject to Council being informed by a Local Coastal Hazard Assessment.”
LOST on the casting vote of the Chair Cr Michael Whelan called for a division For Against Cr Le Serve Cr Tessari Cr Rothfield Cr Larke Cr Whelan Cr Fullarton Cr Ellis Cr Kent Casting vote - Chair
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The motion before Council That the recommendation be adopted.
CARRIED Cr Geoff Ellis called for a division For Against Cr Le Serve Cr Whelan Cr Rothfield Cr Tessari Cr Larke Cr Fullarton Cr Ellis Cr Kent
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H.2 Draft Wonthaggi Activity Centre Plan - Community Engagement
File No: CM19/442 Division: Advocacy, Economy & Liveability Council Plan Strategic Objective: Our Character Celebrating the uniqueness of our townships
Declaration The author has no direct or indirect interests in relation to this report.
Summary The purpose of this report is to seek authorisation to release the Draft Wonthaggi Activity Centre Plan for community engagement, and to endorse the Community Engagement Plan. The Draft Plan (attached) has been prepared to enhance the quality and the character of the Wonthaggi Town Centre, and to reinforce Wonthaggi’s status as a Regional Centre as identified in Plan Melbourne 2017-2050 and the Gippsland Regional Growth Plan 2014. To do so, it: Establishes a vision for Wonthaggi and ways for this to be achieved; Defines key characteristics of the town in relation to land use and activity, access and movement, built form and public realm; and Provides design guidance for four key strategic sites: Apex Park, McBride Avenue, Graham Street and the Wonthaggi Secondary school site. There is now an opportunity to present this plan to the community and, in doing so, explain what has been heard during the extensive engagement activities that have taken place to date with the Wonthaggi Focus Group and community-led placemaking events, and how that feedback has been taken into consideration to develop a concept plan for the town moving forward.
Background Wonthaggi has been identified as a regional centre in the Gippsland Regional Growth Plan 2014, capable of accommodating projected urban growth and providing an increasingly important service role for the southern part of the Gippsland region. Further to this, Plan Melbourne 2017-2050 recognises that established towns in peri- urban areas, such as Wonthaggi, can accommodate additional housing and employment without impacting on the economic and environmental roles that surrounding non-urban areas serve. In light of this, the community and Council have been involved in an ongoing conversation about the future of Wonthaggi, with past and present efforts to revitalise the town centre and reinforce its role as a regional centre, now being brought together through the development of the Draft Wonthaggi Activity Centre Plan.
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The Draft Wonthaggi Activity Centre Plan has been prepared to enhance the quality and character of the Wonthaggi Town Centre, and reinforce Wonthaggi’s status as a Regional Centre. It identifies a number of priority projects and planning opportunities centred around improving the following four key directions: Land Use and Activity; Access and Movement; Built Form; and Public Realm. The key directions of the Draft Wonthaggi Activity Centre Plan (the Plan) have evolved from a series of community engagement efforts that have taken place over recent years. This strong focus on community involvement in the planning process is expected to continue as feedback is sought on the Draft Plan. The below section provides a summary of the activities that have taken place to date that have helped realise the strengths and vision for Wonthaggi moving forward. In 2016, a Future Wonthaggi Focus Group was formed for community representatives to workshop ideas and better understand the key drivers and positive characteristics of Wonthaggi, what makes Wonthaggi a great place to be, and how we can build on our community strengths into the future. A Future Wonthaggi Community Representatives Report was prepared as a result of this Focus Group and outlined key themes for Council to focus on: 1. A safe town to walk and move around. 2. Create an interest and understanding of the community. 3. Focus on our infrastructure. 4. Deliver strong tourism services. 5. Wonthaggi model town. 6. Grow our own entrepreneurs and business champions to keep our kids here. The Wonthaggi Dalyston Structure Plan 2008 underwent a review in 2017 to ensure that the information contained within remained relevant. The review considered the key themes that were identified in the Future Wonthaggi Community Representatives Report as part of the review process. The review recommended that while much of the information contained with the structure plan was still relevant, an update was required to address the following: Direction for the Wonthaggi Activity Centre should be reviewed and updated. Community feedback has identified opportunities for the Activity Centre to provide enhanced connections between activity nodes and improved pedestrian amenity and safety. In 2018, Council undertook ‘community-led placemaking’ activities as a unique and exciting way to approach community consultation in the lead up to the development of the Draft Wonthaggi Activity Centre Plan. Council held two workshops aimed at bringing together people who were interested in testing out ideas for improving the town centre through a series of pop-up style events desired by the community.
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The first event was the Apex Park Town Square Concept held on Saturday 19 May 2018. The event showcased a range of ideas for creating a town square and what the community group thought it should include: A play space for children Additional furniture – seats, tables and shelter Pathways Landscaping Directional signage The second event was the McBride Avenue Pop-up Mall held 28-29 September 2018. The event demonstrated how roads could be transformed into vibrant public spaces, and presented ideas about the following: Improving walkability Beautifying the streetscape with planter boxes Adding colour and vibrancy to the street While successful, these events also demonstrated some barriers in the town centre, particularly with regards to access and deliveries for traders when changes were made to parking and access routes, and the exposure to elements in wind/rain events. Both opportunities and barriers have been taken into account in the preparation of the Draft Wonthaggi Activity Centre Plan.
Strategic Basis Council Plan Objective: Our Character – Celebrating the uniqueness of our townships Strategic Outcome: Partnering with our community to protect and enhance the unique character of our townships, open spaces and rural landscape Ensure the review of the Municipal Strategic Statement improves the controls within our townships to ensure that the character is protected Strengthen the role of Wonthaggi as our regional centre Manage the sensitivities of development and growth pressures Be proud of, and share, our history and cultural life Strategic Indicators: Strategic Indicators Measures Build capacity in community planning Host quarterly community building events and networking opportunities each year Overall Community Satisfaction Rating Achieve the top quartile of Large Rural Councils Advocate on behalf of the community on Make representation to state and federal key planning issues * government on key planning matters
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Review the Municipal Strategic Statement Completed by June 2018 Develop a strategic vision/plan for Implement actions identified in Wonthaggi as regional centre Wonthaggi Dalyston Structure Plan review
Strategic vision developed and adopted Wonthaggi North East Precinct Structure Implement into Planning Scheme by June Plan 2018 Sites and Theme Plan 2014-24 Action Plan completed annually Incorporate the Phillip Island and San Remo Planning Scheme updated by June 2018 Visitor Economy Strategy 2035 – Growing Tourism in the Planning Scheme as a reference document
Major Initiative / Initiative Preparation of the Draft Wonthaggi Activity Centre Plan was identified as an initiative in the 2018-19 budget. Strategies / Policies The Bass Coast Communication and Engagement Strategy (the Strategy) was adopted by Council in September 2015 and later revised in March 2018. It sets out a framework for public participation in the decision-making process to ensure that needs, opinions, innovative ideas and local knowledge are appropriately considered. The Strategy has three objectives: To support good decision-making by Council To communicate and engage with respect, trust, openness and accountability To build a strong partnership with our community The Strategy references the International Association of Public Participation (IAP2) Public Participation Spectrum to describe the different levels of public participation that may be appropriate in a community engagement program. This Strategy and the IAP2 Public Participation Spectrum have been referred to in the preparation of the Community Engagement Plan. Statutory Requirements/Codes/Standards/Policies There are no statutory consultation requirements for the preparation of an Activity Centre Plan under the Local Government Act 1989 or the Planning and Environment Act 1987.
Discussion The Draft Plan has been prepared to establish a vision for Wonthaggi for the next 20 years; to embrace its role as a key centre servicing the Gippsland region and to become a vibrant place for people. The Plan sets out a number of objectives for achieving this vision, including:
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To create a vibrant mixed-use centre that serves as the central retail, office and community hub for Wonthaggi. To activate the retail core as a gathering place for the community during the day and night. To create a movement network that prioritises pedestrian and cyclist amenity and safety. To provide convenient and safe car parking that meets the needs of the whole centre. To enhance access to public transport. To deliver built form of a scale and design that enhances the streetscape experience. To encourage activation within the retail core. To enhance key gateways, sites, heritage buildings and the overall spatial relationship between the centre and its surrounding areas. To establish McBride Avenue as the main north-south amenity corridor that contributes to the preferred function and character of the Activity Centre. To enhance Graham Street as a key axis which conveys sustainable landscape approaches and promotes safety. To emphasise Apex Park as a key recreational node and the rail trail as a key passive and recreational axis. To enhance the Activity Centre edges and gateways to improve amenity and their relationship with surrounding activity nodes. The Plan also sets out to provide design guidance for four key strategic sites, including but not limited to: McBride Avenue Utilise the verge along McBride Ave as a multi-functional space. Encourage alfresco dinning. Enhanced street furniture to reflect the local mining history of Wonthaggi. Improve pedestrian experience along McBride Ave through placemaking strategies. Consider design solutions to improve the intersection at Graham St & McBride Ave to improve pedestrian and cyclist safety. Graham Street Reduce visual dominance of car parks along the street Change the role from an arterial road accommodating heavy freight movement to an east-west connector road Passively slow traffic through streetscape works to improve safety in the street Safer and demarcated crossings of Graham St that respond to North-South pedestrian links
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Apex Park Consider paved area / stage / shelter for performance events located in view of potential crowds in the open grassed area. Consider providing a raised textured pavement at the intersection of Murray Street and McBride Avenue to slow traffic and provide a safe crossing point for pedestrians between Apex Park and McBride Avenue. Consider using bollards to protect vehicles from driving onto verge in the absence of a kerb in this area. Formalise the setting of the former railway station by implementing a high- quality pavement forecourt and low groundcover planting that will enhance the heritage architecture whilst not disrupting views of the façade facing Murray Street. Support the Wonthaggi Historical Society’s expansion of the railway building to the west to preserve and be respectful of the façade facing Murray Street.
Figure: Indicative concept plan for Apex Park
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Wonthaggi Secondary school site Design for the consolidation of civic, employment, housing, education uses in the precinct leveraging off the McBride Avenue Gardens’ amenity. Require the creation of pedestrian connections through the site, internally and externally.
Figure: Indicative concept plan for Secondary School site, subject to separate community engagement Proposed Engagement The proposed engagement period will focus on providing the community with an opportunity to comment on the Draft Plan that has been informed by previous engagement activities, and workshop ideas for the master-planning of Apex Park. It is intended to reach out to the broader community (as well as groups who have already contributed to the project to date) and will be focused on the Consult and Involve elements of the IAP2 Public Participation Spectrum. Engagement would incorporate the following activities: Table: Community Engagement Plan Activity Timeframe Purpose Mail out to key Beginning of consultation Promote the release of the community period draft plan for feedback groups/stakeholders. Promote upcoming workshop activity. Notice in South Gippsland Beginning and during Use this as an opportunity to Sentinel Times consultation period promote release of the plan for consultation purposes and upcoming workshop activity.
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Activity Timeframe Purpose Notice to local Schools During consultation period Use this as an opportunity to (email/newsletter) (either side of school promote release of the plan holidays) for consultation purposes and upcoming workshop activity. Online exhibition of the Ongoing for 4 weeks. Use this platform for the draft WACP Approx. 8 July – 2 August community to comment and 2019. provide feedback on the draft plan.
Pop-up session at a local 1 session in the week of 14 Use this session to answer event (monthly market or July questions about the plan, WUCAC) encourage people to view the plan online and provide feedback, promote the more in-depth workshop. Pop-up session at library 1 session in the week of 21 Use this session to answer July questions about the plan, encourage people to view the plan online and provide feedback, promote the more in-depth workshop. Workshop activity 1 session in the week of 28 Master-planning Apex Park. July
Finances Costs associated with the Draft Wonthaggi Activity Centre Plan were included in the 2018/2019 Council Budget, including officer time and resources. Council also applied for and was successful in receiving $100,000 in funding from the Victorian Planning Authority to help deliver an Activity Centre Plan for Wonthaggi. An additional $3.2 million to deliver Wonthaggi Activity Centre Plan projects has been included in Council’s Long Term Financial Plan.
Stakeholders Stakeholders for this project include the following: Bass Coast Shire residents Residents and visitors of the broader Wonthaggi sub region Wonthaggi Future Focus Group Apex Park and McBride Avenue Mall groups Wonthaggi Business and Tourism Association Other Business operators Wonthaggi Historical Society Mitchell House
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Councillors Development sector Youth Wonthaggi schools West Gippsland Regional Library Corporation Rotary Club of Wonthaggi Wonthaggi Bowls Club ArtSpace Wonthaggi Department of Environment, Land, Water and Planning VicRoads Public Transport Victoria These stakeholders will be engaged through a range of communication channels, as detailed in the Community Engagement Plan.
Other Options There are three options available to Council: Option One – The first option as recommended by this report is for Council to approve the release of the Draft Wonthaggi Activity Centre Plan for the purpose of community engagement, and endorse the proposed Community Engagement Plan. Implications – This is the preferred option as it would signify the commencement of the Draft Wonthaggi Activity Centre Plan for public comment. The engagement activities identified are consistent with the Bass Coast Communication and Engagement Strategy and are considered to offer appropriate level of community engagement for a project of this scale. Option Two – The second option is for Council to recommend changes to the proposed Community Engagement Plan. Implications – This is not the preferred option as depending on the number of changes proposed, this may cause significant delays to the project. Option Three – The third option is for Council not to approve the release of the Draft Wonthaggi Activity Centre Plan for the purpose of community engagement, or endorse the proposed Community Engagement Plan. Implications for Council – This is not the preferred option as it would result in a significant delay to the project and would create uncertainty with regards to Council’s appetite to enhance the quality and character of the Wonthaggi Town Centre, and reinforce Wonthaggi’s status as a Regional Centre.
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Conclusion The Draft Wonthaggi Activity Centre Plan has been prepared to establish a vision for Wonthaggi and to identify ways for this vision to be achieved. It seeks to define key characteristics of the town in relation to land use and activity, access and movement, built form and public realm, and to provide design guidance for four key strategic sites; Apex Park, McBride Avenue, Graham Street and the Wonthaggi Secondary school site. There has been a high level of consultation at the front end of this project, particularly through community-led placemaking activities that have taken place with both the Wonthaggi Focus Group in 2016, and the Apex Park and McBride Avenue Mall events in 2018. This strong focus on community engagement in the planning process has allowed Council to understand the aspirations of the broader community and has provided a platform to prototype ideas that could improve the town centre in the short, medium and longer terms. The draft Wonthaggi Activity Centre Plan brings together these ideas in a blueprint that seeks to guide Wonthaggi into the future as it embraces its role as a Regional Centre. This report recommends Council’s approval to release the draft Wonthaggi Activity Centre Plan for the purposes of community engagement and to endorse a community engagement plan. Should Council resolve to approve the release of the Draft Wonthaggi Activity Centre Plan for community engagement, a report would be presented to Council following the engagement activities, summarising the community's feedback and detailing how this feedback is to be incorporated into the finalised Wonthaggi Activity Centre Plan.
Recommendation That Council: 1. Approves the release of the Draft Wonthaggi Activity Centre Plan for the purpose of community engagement. 2. Endorses the Draft Community Engagement Plan associated with the Draft Wonthaggi Activity Centre Plan. 3. Receives a further report following community engagement that summarises the community’s feedback and detailing how this feedback is to be incorporated into the finalised Wonthaggi Activity Centre Plan.
Attachments AT-1 Wonthaggi Activity Centre Structure Plan Draft 83 Pages
Bass Coast Shire Council Page 51 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council Decision Moved: Cr. Michael Whelan / Seconded: Cr. Clare Le Serve That the recommendation be adopted.
Cr Les Larke proposed an amendment. Moved: Cr. Les Larke / Seconded: Cr. Bruce Kent Add additional wording to the end of dot point 1 subject to amendment of the draft plan to reference further investigation of the Murray Street / Biggs Drive-Billson Street intersection in Action AM-AZ of the draft report.
CARRIED
The motion before Council That Council: 1. Approves the release of the Draft Wonthaggi Activity Centre Plan for the purpose of community engagement subject to amendment of the draft plan to reference further investigation of the Murray Street / Biggs Drive-Billson Street intersection in Action AM-AZ of the draft report. 2. Endorses the Draft Community Engagement Plan associated with the Draft Wonthaggi Activity Centre Plan. 3. Receives a further report following community engagement that summarises the community’s feedback and detailing how this feedback is to be incorporated into the finalised Wonthaggi Activity Centre Plan. CARRIED
Bass Coast Shire Council Page 52 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
H.3 Planning Application 160132 - Multi Lot Subdivision and removal of vegetation at 161 - 163 Reed Crescent & 8 Dowson Drive, Wonthaggi
File No: CM19/248 Division: Advocacy, Economy & Liveability Council Plan Strategic Objective: Our Character Celebrating the uniqueness of our townships
Application Details Use/Development Sought: Multi Lot Low Density Residential Subdivision and removal of vegetation The Land: 161-163 Reed Crescent & 8 Dowson Drive, Wonthaggi Planning Scheme: Bass Coast Planning Scheme Zoning: Low Density Residential Zone Overlays: Bushfire Management Overlay
Declaration The author has no direct or indirect interests in relation to this report.
Executive Summary This application proposes to subdivide land into 93 lots in five stages at 8 Dawson Drive & 161-163 Reed Crescent, Wonthaggi. The proposal triggers the need for a planning permit under the following provisions of the Bass Coast Planning Scheme: Clause 32.03-3(Low Density Residential Zone) of the Bass Coast Planning Scheme; and Clause 44.06-2 (Bushfire Management Overlay) for the subdivision of land. Clause 52.17-1 – (Native Vegetation) for the removal of native vegetation. The application was advertised in accordance with Section 52 of the Planning and Environment Act 1987 and received 28 objections. On 16 November 2017 the applicant applied to Victorian Civil and Administrative Tribunal (the Tribunal) because of Council’s failure to grant a permit within the statutory timeframe. On 16 October 2018 the Tribunal issued order P2592/2017. It found that, in the absence of an approved Cultural Heritage Management Plan (CHMP) that addressed the entire activity area, the application was incomplete. The Tribunal resolved the appeal was misconceived and they had no jurisdiction to make a determination on the proposed subdivision. In response to the Tribunal’s decision, the Applicant submitted the required CHMP to Council. Council Officers made an assessment of the application and determined that in order to make a decision on the application the following information was required: Stormwater Management Strategy; and
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Bushfire Hazard Assessment, Bushfire Hazard Landscape Assessment, and Bushfire Management Statement including Bushfire Management Plan that related to the Plan of Subdivision shown in Figure 1 The applicant did not provide the requested items. On 1 May 2019, the Applicant applied to the Tribunal because of Council’s failure to grant a permit within the statutory timeframe. This report addresses the planning merits of the proposal, the issues raised by objectors and the advice of internal referral authorities and concludes that the proposal does not accord with relevant provisions of the Bass Coast Planning Scheme. On this basis, it is recommended that Council informs the Tribunal that if it had the power to decide the application, it would resolve to issue a Notice of Refusal for Planning Application 160132.
Strategic Basis Council Plan Objective: Our Character – Celebrating the uniqueness of our townships Strategic Outcome: Partnering with our community to protect and enhance the unique character of our townships, open spaces and rural landscape Ensure the review of the Municipal Strategic Statement improves the controls within our townships to ensure that the character is protected Strengthen the role of Wonthaggi as our regional centre Manage the sensitivities of development and growth pressures Be proud of, and share, our history and cultural life
Strategic Indicators: Strategic Indicators Measures Build capacity in community planning Host quarterly community building events and networking opportunities each year Overall Community Satisfaction Rating Achieve the top quartile of Large Rural Councils Advocate on behalf of the community on Make representation to state and key planning issues * federal government on key planning matters Review the Municipal Strategic Statement Completed by June 2018 Develop a strategic vision/plan for Implement actions identified in Wonthaggi as regional centre Wonthaggi Dalyston Structure Plan review Strategic vision developed and adopted
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Wonthaggi North East Precinct Structure Implement into Planning Scheme by Plan June 2018 Sites and Theme Plan 2014-24 Action Plan completed annually Incorporate the Phillip Island and San Remo Planning Scheme updated by June 2018 Visitor Economy Strategy 2035 – Growing Tourism in the Planning Scheme as a reference document
Application Details This application proposes to subdivide land in the Low Density Residential Zone. The proposed subdivision includes as follows: Subdivide the 5 allotments into 93 lots; Creation of 5 reserves scattered throughout the site. These reserves are proposed to be used as drainage reserves, for utility installations and setbacks from Wonthaggi Waste Transfer Station located off Cameron Street to the southeast of the site; and Removal of 1.351 hectares of native vegetation.
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Figure 1. Proposed Plan of Subdivision A copy of the plan is also provided as Attachment 1 (AT-1). Reason a Council Decision is required Council’s delegations require applications that attract five or more objections to be determined by Council. This application has attracted a total of 28 objections. As the application has been appealed at the Tribunal by the applicant, a determination on Council’s position is required.
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Background Following is a description of the subject site and other relevant information pertaining to the allotment. Site Dimensions The subject site consists of five allotments and is in an irregular shape with a total area of 21.26 hectares with a north-south orientation. The site consists of four dams and is being used for grazing purposes. Site Frontage The subject site gains access from Dowson Drive located along the northern boundary of the site. Dons Road, which is an unmade road reserve, is located on the south of the title boundary however no formal access is being proposed via Dons Road. Wonthaggi Transfer Station Access Road is also located along the eastern boundary of the site. This road provides access to the existing transfer station and links to the site, however no formal access is being proposed to the subject site. Topography The site has a slope of about 8m from east to the west. Vegetation Cover The site did not feature any significant native trees, however scattered patches of vegetation proposed for removal equates to 1.351 hectares. Current Use The land is currently undeveloped and used for grazing purposes. Easements Easement E2 has been registered on Lot 12 LP211823 and is set aside for water supply reservations. Restrictive Covenants No restrictive covenants. Aboriginal Cultural Heritage The site is within an area of cultural heritage Sensitivity sensitivity. An approved copy of the Cultural Heritage Management Plan has been provided with the application. Planning Permit History The site is not subject to any other planning permits.
The subject site is consists of three titles being: Lot 12 on Plan of Subdivision 211823S (Volume 09814 Folio 277) in three land parcels; Crown Allotment 14 on Title Plan 560429T (Volume 07509 Folio 145); and Crown Allotment 8 on Title Plan 527204H (Volume 06676 Folio 118).
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The site is located on the southern urban fringe of Wonthaggi and gains vehicular access from Dowson Drive and Reed Crescent located on the north of the site. To the north of the site along Reed Crescent is a low density residential area developed with dwellings. To the west of the site adjoining unmade Old Rifle Range Road is Wonthaggi Heathlands Nature Conservation Reserve. To the east adjoining the site is Wonthaggi Cemetery and to the south east are Wonthaggi Transfer Station and Council’s Animal Pound. To the south of the site is unmade Dons Road and farm land.
Figure 2. Subject Site and adjoining land zonings.
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Figure 3. Aerial photo showing adjacent land uses
Notice Notice of the application was required under Section 52 of the Planning & Environment Act 1987, as the responsible authority was not satisfied that the grant of the permit would not cause material detriment to any person. The Applicant gave notice in the following manner: Sent copies of the notice to 24 land owners and occupiers; Placed notices on the subject land; and Published a copy of the notice in the South Gippsland Sentinel Times. The statutory declaration which confirms notification has taken place was not returned to Council until 13 December, 2017. The application to VCAT for failure to determine was dated 13 October, 2017. In response to the notification process, 28 objections were received; of the 28 objectors, 7 have elected to become parties to the VCAT application.
Submissions In response to notification the application attracted 28 submissions (at the time of writing of this report). A summary of the objections is listed in the following table and a copy of each objection is included in Attachment three (AT-3).
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Table one: Summary of Concerns raised in each objection Submission Summary of Concerns 1. Impact on quiet environment and amenity due to additional residents Number of access ways to the subdivision proposed is inappropriate Existing condition of Reed Cr is not suitable to accommodate additional traffic and if there is a fire threat 2. Additional traffic and noise generated due to the additional residents Vehicle lights beaming onto existing residences Single access to the subdivision proposed is of concern particularly during fires and evacuation of residents will be an issue 3. Impact on the quiet rural aspect of the area No recreational spaces proposed Impact of additional traffic on existing road users, no footpath and safety of pedestrians Increased storm water due to subdivision and lack of storm water management details Impact on coastal wetlands and water bird habitat Increase in domestic animals will pose a great threat to existing native fauna 4. Impact on rural feel and outlook of the area Impact due to additional traffic created by the subdivision Impact on wildlife on Rifle Range wetlands 5. Only one access point proposed for the subdivision Fire hazard due to adjoining wetlands Current condition of Reed Cr is not suitable to accommodate additional traffic and will pose risks for road users Single access to the subdivision proposed is of concern particularly during fires and evacuation of residents will be an issue 6. Only one access point proposed for the subdivision Drainage reserve to traverse whole estate Lot sizes proposed are too small Impact on vegetation located in the adjoining reserve No buffer around the landfill site 7. Development of site should be compatible with existing residential amenity Adjoining lots are predominantly one or two acres Increased traffic due to increased development
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Impact on existing infrastructure in the area which will require upgrading 8. Development of site should be compatible with existing residential amenity, i.e. minimum an acre Lack of emergency exits for a large development. Lack of traffic management details Impact on existing infrastructure in the area which will require upgrading Impact on flora and fauna in the area 9. Request for Council to consider amenities for everybody for the proposed subdivision 10. Current condition of Reed Cr is not suitable to accommodate additional traffic Existing drains adjoining Reed Cr are eroding and already posing a risk to road users. Request this drain to be covered Council should consider rezoning land to residential Objector should not be required to incur cost of any upgrades to infrastructure due to the proposed subdivision 11. Current condition of Reed Cr with large open drains is not suitable to accommodate additional traffic and will pose risks for road users Lack of footpaths in the area which forces cyclists and walkers to share the road with vehicles which dramatically increases the likelihood of a serious injury to innocent people Impact on wildlife and indigenous bushland on adjoining reserve Impacts due to increase in traffic, pollution and noise 12. Additional traffic and noise generated Impact on adjoining wetlands reserve and native wildlife Loss of existing natural and open space rural values due to the density of the proposed subdivision Drainage problems due to increased hard standing areas Single point of access to the subdivision and its impact during emergency situations The subject land is prime agricultural land and should not be considered for high density development given that there is already plenty of land supply available in Wonthaggi 13. Excessive water from the development will affect the objectors farm to the west of the conservation reserve The current water overflow from the conservation reserve partially floods the objectors farm Request floodgates to be installed to re-divert water to the main drain when wetland water level is full in winter
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The drain located on the objectors farm will need to be upgraded to cater for additional water form future hard standing areas created by the proposed subdivision Boundary fencing for the development be required to keep domestic animals contained 14. Current condition of Reed Cr with large open drains is not suitable to accommodate additional traffic and will pose risks for road users Lack of footpaths in the area which forces cyclists and walkers to share the road with vehicles which dramatically increases the likelihood of a serious injury to innocent people Impact on wildlife and indigenous bushland on adjoining reserve Impacts due to increase in traffic, pollution and noise 15. Increased traffic Loss of serenity at the bird viewing structure over the wetlands Increased potential of domestic pets impacting on native fauna Application lacks drainage details Potential for invasive weed species into the adjoining reserve 16. The objector has raised a number of issues including roads, however the objection document does not detail the grounds of these objections. The concerns related to flooding, ecosystems, recreational space, roads, impact on kindergarten and schools, lack of infrastructure to meet population needs, impact on employment, etc. 17. Current condition of Reed Cr with large open drains is not suitable to accommodate additional traffic and will pose risks for road users Lack of footpaths in the area which forces cyclists and walkers to share the road with vehicles which dramatically increases the likelihood of a serious injury to innocent people Impact on wildlife and indigenous bushland on adjoining reserve Impacts due to increase in traffic, pollution and noise 18. Current condition of Reed Cr with large open drains is not suitable to accommodate additional traffic and will pose risks for road users Lack of footpaths in the area which forces cyclists and walkers to share the road with vehicles which dramatically increases the likelihood of a serious injury to innocent people Impact on wildlife and indigenous bushland on adjoining reserve Impacts due to increase in traffic, pollution and noise 19. Impact on the amenity of the area Reed Cr may not be suitable to accommodate additional traffic generated by the proposal
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Lack of footpaths and large open drains adjoining Reed Cr Inadequate drainage in the area and future development will increase this flow Lack of recreational space 20. Proposed subdivision will change the dynamics of the area Impact on wildlife Lack of storm water catchment details Existing condition of Reed Cr, lack of footpath and adjoining open drains may not be able to cope with additional traffic 21. Impact on the unique rural character of the area due to the size of lots proposed Significant impact on water table Significant increase in traffic and creating a suburban eyesore The poorly constructed surface of Reed Cr may not accommodate additional traffic Safety risk to the users of Reed Cr in the absence of footpath Existing width of Reed Cr is inadequate and accommodates open drains which are a risk to young families walking and riding along this road Devaluation of properties The proposal will result in suburban character of the area Increase in storm water will overload the wetland and adjoining properties Excessive ground water may potentially inundate surrounding properties Impact on wildlife and indigenous bushland on adjoining reserve 22. Impact on the unique rural character of the area due to the size of lots proposed Significant impact on water table Significant increase in traffic and creating a suburban eyesore The poorly constructed surface of Reed Cr may not accommodate additional traffic Safety risk to the users of Reed Cr in the absence of footpath Existing width of Reed Cr is inadequate and accommodates open drains which are a risk to young families walking and riding along this road Devaluation of properties The proposal will result in suburban character of the area Increase in storm water will overload the wetland and adjoining properties Excessive ground water may potentially inundate surrounding properties
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Impact on wildlife and indigenous bushland on adjoining reserve 23. Current condition of Reed Cr with large open drains is not suitable to accommodate additional traffic and will pose risks for road users Lack of footpaths in the area which forces cyclists and walkers to share the road with vehicles which dramatically increases the likelihood of a serious injury to innocent people Impact on wildlife and indigenous bushland on adjoining reserve Impacts due to increase in traffic, pollution and noise 24. The current condition of Reed Cr cannot handle the amount of traffic generated by the proposal Lack of footpaths in the area Impact on the amenity of the area Existing drains may not be able to cope with additional storm water Roads will require constant repair due to additional traffic Increase in noise levels 25. Only one point of formal access to the proposed subdivision The current form of Reed Cr creates safety concerns during emergency situations Proposed subdivision to cater for additional access points to the subject site Current condition of Reed Cr with large open drains is not suitable to accommodate additional traffic and will pose risks for road users The proposal will destroy the ambience of the area Existing drainage and storm water runoff issues in the area Impact on flora and fauna on adjoining wetlands Buffer from the wetlands reserve should be provided Increase in domestic animals will pose a great threat to existing native fauna Potential for the subject site to be contaminated due to previous land use and associated activities 26. Existing infrastructure (roads, drains and lack of footpath) may not accommodate additional development Bushfire hazard and safety of residents Only one point of access creating safety issues Lack of drainage details Existing drains will not cope with excess storm water Proposed development is out of character when compared to existing acreage development
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27. Existing infrastructure (roads, drains and lack of footpath) may not accommodate additional development Existing drains along Reed Cr are posing a risk to road users as it is getting bigger due to poor road quality Reed Cr cannot accommodate larger vehicles and this is causing concerns during fire season Lack of footpaths in the area Excess road users will cause traffic congestions and will damage existing roads due to its current condition More developments will lead to more noises generated Subdivision is not in line with existing lot sizes in the area 28. Loss of amenity Safety concerns as Reed Cr is the only access and is a ‘No Through’ road Lack of sewerage disposal details Lack of recreational areas Increase in domestic animals will pose a great threat to existing native fauna Loss of farmland to residential land Traffic congestion and lack of details Impact of flora and fauna Impact of increased storm water on adjoining wetlands
Referrals The following table outlines the referral requirements of this application: Table two: Referral requirements and their comments Referral Authority Comments External (Section 55 of the Planning and Environment Act 1987) Ausnet No objection to the application subject to conditions. CFA Response to Bushfire Management Statement is being considered by Country Fire Authority as the direction of VCAT. DELWP No objection to the application subject to conditions. EPA Initially objected to the proposal, have provided consent subject to conditions. South Gippsland No objection to the application subject to conditions. Water WGCMA No objection. Public Transport No objection. Victoria
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Internal (Section 52 of the Planning and Environment Act 1987) Revenue Services No objection. Asset Management Awaiting additional information to provide a response. Environment No objection to the application subject to conditions. Property No objection. Waste Objects to the proposal.
On 12 April 2017 the EPA provided advice that they objected to the proposal on the basis that it did not meet the required setback from the Wonthaggi Transfer Station and former Landfill site as required by the Best Practice Environmental Management – Siting design, operation and rehabilitation of landfills 2015 (BEPM). The applicant supplied an audit completed in accordance with relevant EPA requirements. Following review of this document the EPA provided conditional consent to the application on 14 August 2017. The objection from Council’s waste team was on the basis of four issues: 1. Buffers The proposed buffer between the proposed subdivision and the Wonthaggi Transfer site was insufficient and did not comply with the EPA Landfill BEPM guidelines that require a buffer distance of 500m. Compliance with the buffer distance is considered important to prevent the impacts of noise, dust, odour, litter and potential emissions on future residents. 2. Rehabilitation The rehabilitation of the former Wonthaggi Landfill is likely to occur within five years, these works will require significant earthworks and could result in short term odour issues. The rehabilitation requires the placement of a clay cap on the landfill. It is unknown what the impacts of this will be on the emission of landfill gas from the subject site. 3. Topography The former landfill is unlined, and there is potential for leachate or contaminated storm water to flow onto the south western portion of the site. 4. Precedent The response cited the Brookland Greens Estate in Cranbourne, where gas from a former landfill site was detected in private homes. In that case a 200 metre buffer was insufficient and residents were required to relocate for up to 24 months. Whilst the EPA has consented to the proposal, advice from Council’s Waste team is that the information provided by the applicant only provides a snapshot of the current site conditions, and that there are a number of potential deficiencies in the data. Further, the impacts of capping the landfill are unknown and on this basis the development should not be supported until such time as the landfill is capped, or at least the approved capping is modelled to understand the potential impact of capping on the subject site.
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Officer’s Considerations State and Local Planning Policy Framework Assessment: The intention of the relevant State and Local Planning Policies is to encourage residential subdivisions to be located within existing settlements, encourage development at a range of densities; and improve housing choice and affordability. Policy further intends to achieve growth that is considerate of neighbourhood character, environmental quality, service limitations and cost of providing infrastructure. The proposed subdivision meets some of these policy objectives because the subject site is located within the Wonthaggi township boundary; it respects the prevailing pattern of subdivision and will result in improved housing choice to cater to the diverse needs of the community. However, it is considered that the proposal does not respond to other policies, which require growth to respect environmental and infrastructure constraints. The Planning Scheme at Clause 21.02-1 (Growth of Towns) Objective 5 discourages inappropriate development in areas where an environmental hazard has been identified and seeks to ensure that when development occurs it is responsive to these identified hazards. An essential failing of this application rests with the drainage infrastructure limitations. Of concern is stormwater management, the Bass Coast Planning Scheme at Clause 22.01 has the relevant objectives to maintain stormwater flows and discharges at a maximum of the pre-development flow level and to design a stormwater system that manages flooding and drainage so as to minimise risks to the community and the environment. This application was referred to Asset Management as they are responsible for stormwater drains and assessing the impacts of proposed developments upon that system. A drainage strategy for the development has been requested but has not been supplied by the applicant. As a result, the applicant has failed to demonstrate that the site can drain effectively once developed. Zone Assessment The application has been considered against the purpose and decision guidelines of the LDRZ. It is acknowledged that the proposed subdivision generally meets the purpose of this zone because it will provide for low-density residential development on lots that can be connected to reticulated sewerage. However, the decision guidelines also require consideration of the provision of utility services, including drainage; and the Integrated Water Management Objectives of Clause 56.07. With regards to utility services, the subject site can be connected to reticulated water, sewerage, electricity and telecommunications. However, the application fails to meet the objective of Clause 56.07-4, Urban Run-off Management, as the applicant has not demonstrated that in a storm event runoff from the proposed development can be suitably managed. Based on information available, even if captured to pre-development levels, stormwater will be of detriment to the surrounding neighbourhood.
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Overlays The application triggers the need for a planning permit under Clause 44.04 of the Bushfire Management Overlay (BMO). The area shaded blue in the figure below shows the portion of the site affected by the overlay. The site was introduced into the overlay in October 2017 as part of Planning Scheme Amendment VC132.
The intent of the overlay is to ensure that human life is protected through the identification and management of the risk associated with bushfire. An application within the BMO requires the applicant to demonstrate a range of measures aimed at reducing bushfire risk. As the required application materials were not provided, referral to the CFA has not occurred in the usual manner. It is noted that on 30 May 2019, CFA advised Council of their intent to become party to the VCAT appeal. Particular Provisions The application triggers the need for a planning permit under clause 52.17-1 of Native Vegetation. The applicant is proposing to remove 1.351 hectares of remnant patches of native vegetation from the subject site which has a strategic biodiversity score of 0.205 A Biodiversity Assessment Report was also submitted in response to the proposed removal works. The Biodiversity Assessment Report requires an offset of 0.098 general biodiversity equivalence units. This report was also referred to DELWP for comment and consent subject to conditions has been received.
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Concerns raised by Submitters Condition of Reed Crescent. Small road width, poor drainage, lack of footpaths. If the application was approved by VCAT, Council would request permit conditions to require upgrading part of Reed Crescent (from the access to the subject site to Cameron St) to Council standards, and construction of footpath to the existing path at Broome Crescent. The drainage of the subject site will also be required to comply with the Planning Scheme and Infrastructure Design Manual requirements, however the existing drain along Reed Crescent will need to be upgraded separate to this application in future. Increased traffic and noise. It is acknowledged that there will be additional traffic and residents in the area, however given that the land had been set aside for residential development, any additional amenity impacts to surrounding land owners and occupiers would be similar to what one would generally experience in a residential area. Single point of access. Risk in emergencies. Council’s engineers are satisfied that a single point of access to the subdivision is appropriate. However, an emergency access will be located on the south of the site, i.e. along Wonthaggi Transfer Station Access Road. No open space. If the application was approved by VCAT, Council would request a condition be included in the permit requiring a 5% monetary contribution in lieu of Public Open Space requirements in accordance with clause 52.01 of the Bass Coast Planning Scheme. Lack of detail regarding storm water. It is acknowledged that the application lacked information relating to stormwater management at the time of advertising of the application. The applicant had been requested to provide this information. At the time of writing the report this has not been supplied. On this basis Council cannot be satisfied that the site meets Clause 22.01 (Stormwater Management) of the Bass Coast Planning Scheme. Impact on wetlands and animals. This application was referred to the West Gippsland Catchment Management Authority and the Department of Environment, Land, Water and Planning who consented to the application subject to conditions. In the absence of detailed information related to stormwater is it difficult to determine the impacts on wetlands and animals. Lots sizes too small. Where reticulated sewerage is provided, lot sizes must be a minimum of 2000m2 in the Low Density Residential Zone. All proposed lots comply with this requirement. Impact on vegetation on adjacent reserve – weeds. The application was referred to the Department of Land, Environment, Water and Planning who raised no concerns in relation to weeds within the abutting reserve. Loss of rural feel in the area. Bass Coast Shire Council Page 69 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
The site is located within the township boundary and is zoned for residential development. Impact on productive agricultural land. Whilst currently used for agricultural purposes, the land is zoned Low Density Residential and can be utilised for dwellings. Development needs to be fenced. The applicant has proposed some screening of the interface between the proposed development and the transfer station and cemetery. There is no planning justification for requiring fencing of the development in its entirety. The fencing of individual properties would be the responsibility of individual land owners. Contamination from previous uses. Council’s waste team has objected to the application on the basis that the buffer between the subject site and the former landfill is insufficient. In addition, the former landfill is required to be rehabilitated in coming years. It is not known whether rehabilitating the site will cause any offsite impacts on the subject site. Section 60(1) of the Planning and Environment Act 1987 requires that before deciding an application that the Responsible Authority consider; a. Any significant effects that the Responsible Authority considers the use or development may have on the environment or which the Responsible Authority considers the environment may have on the use or development. Given the absence of information in relation to the impact of the capping required to the landfill it is considered that the environment may have an adverse effect on the use and development and a precautionary approach should be taken.
Conclusion The application has been assessed against the Bass Coast Planning Scheme and is it considered that, based on the information provided by the applicant, the application cannot be supported. The application underwent notification and as a result there were 28 submissions received. Concerns raised by submitters were considered in the assessment of the application. The applicant subsequently appealed to VCAT for failure to determine within the statutory timeframe. It is recommended Council informs the Tribunal that if it had the power to decide the application it would resolve to issue a Notice of Refusal for Planning Application 160132.
Bass Coast Shire Council Page 70 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Recommendation That in relation to planning permit application 160132 for the subdivision located at 161-163 Reed Crescent & 8 Dowson Drive, Wonthaggi, Council resolves to inform the Tribunal that if it had the opportunity to make a decision it would have issued a Notice of Refusal on the following grounds: 1. The application is contrary to the objectives of Planning in Victoria as it will not result in orderly planning or secure a pleasant residential living environment. 2. The proposal is contrary to Clause 19.03-2 (Infrastructure – water, supply, sewerage and drainage) of the Bass Coast Planning Scheme as it will not provide drainage services that efficiently and effectively meet State and community needs. 3. The proposal is contrary to Clause 21.02-2 (Settlement – housing) of the Bass Coast Planning Scheme as it will result in an increased housing density in an area that does not have the appropriate infrastructure to support the development. 4. The proposal is contrary to the objectives of Clause 22.01 (Stormwater management policy) as it will not maximise the effectiveness of the storm water infrastructure. 5. The proposal is not consistent with the objectives or decision guidelines of Clause 32.03- Low Density Residential Zone. 6. The proposal does not meet the objective of Clause 56.07-4 or Standard C25 that relate to urban run-off management. 7. The environment may have significant effects on the use and development of the land.
Attachments AT-1 Amended plan of Subdivision 1 Page AT-2 Planning Scheme Requirements 19 Pages AT-3 CONFIDENTIAL - Submissions 69 Pages
Council Decision Moved: Cr. Geoff Ellis / Seconded: Cr. Clare Le Serve That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 71 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
H.4 Response to the Petition - Save Heritage Foreshore Pines at Silverleaves
File No: CM19/405 Division: Infrastructure & Environment Council Plan Strategic Objective: Environment Maintain and protect the natural environment
Declaration The author has no direct or indirect interests in relation to this report.
Summary The purpose of this report is to respond to the petition received by Council at the 15 May 2019 Ordinary Meeting and the Council resolution: 1. That the petition requesting Council Save Heritage Foreshore Pines at Silverleaves be received and lie on the table until the next Ordinary meeting of Council to be held on 19 June 2019. 2. That the head petitioner be advised of Council’s decision. The removal of the three Radiata Pine and re-introduction of 260 indigenous plant species through revegetation is important to conserving biodiversity in the Silverleaves foreshore area. This project is supported by Council’s Natural Environment Strategy 2016-26 and the Silverleaves Conservation Association who secured grant funding for the project, and whose volunteers spend countless hours to care for the Silverleaves foreshore. Radiata Pine is a non-native environmental weed which threatens the biodiversity of natural systems. Council has a legislative obligation as a Crown Land manager to control environmental weeds. The report considers the request within the petition and recommends that Council: 1. Supports the program at the Silverleaves foreshore to control environmental weeds, including removal of three Radiata Pine, and revegetate with indigenous plants; and 2. Write to the head petitioner advising them of its decision.
Background A petition containing 122 signatures was received by Council at its 15 May 2019 Ordinary Meeting. The petition reads: Bass Coast Council in association with the Silverleaves Conservation Association plan to destroy three healthy mature Pinus Radia sp. trees on the basis that they are not Australian, thus classified as 'invasive weeds.'
Bass Coast Shire Council Page 72 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
These majestic, mature trees have been part of the foreshore landscape at Silverleaves for decades - living harmoniously within the Coastal Banksia and Tea Tree woodland. The trees are of significant ecological and cultural value, pose no threat of 'invasion' to surrounding tree species, provide important habitat for bird species and have a right to exist. In an environment under pressure from climate change right now the removal of ANY healthy tree is misguided and irresponsible. Please sign the petition to help save these beautiful and valuable beings. “No one species is better or worse than the other. They are equal to one another in a chain of connectivity. Each bee, each wolf has the right to dream or die, has a right to live a life, its own particular life of wonder, and it has a right to that life until the end of time” Diana Beresford-Kroeger In accordance with Section 61.3 of the Bass Coast Shire Council Meeting Procedure Local Law 2018 Council resolved: 1. That the petition requesting Council Save Heritage Foreshore Pines at Silverleaves be received and lie on the table until the next Ordinary meeting of Council to be held on 19 June 2019. 2. That the head petitioner be advised of Council’s decision. This report addresses the petition and responds to the resolution of Council.
Strategic Basis Council Plan Objective: Environment – Maintain and protect the natural environment Strategic Outcome: Provide efficient and equitable waste management services and infrastructure Reduce the carbon footprint of the municipality Manage the balance between our natural environment, public access and use of our foreshores and waterways Enhance our environment and landscape with vegetation and native wildlife protection initiatives Partner with other land managers along coastal areas for consistent management Advocate for state and federal government support and assistance on coastal erosion
Bass Coast Shire Council Page 73 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Strategic Indicator Strategic Indicators Measures Emission Reduction By 2025 achieve a 50% reduction in greenhouse gas levels per Bass Coast resident compared to 2009/10 Restore coastal and inland vegetation Complete Biolinks Plan and corridors in partnership with land commence implementation by June owners, land managers and land care 2018 groups Increase coverage of native Increase native vegetation cover by vegetation in the Shire minimum of 1.5% each year Implement the Waste Management Increase diversion of kerbside waste from Strategy 2015-25 landfill to 70% by 2021 to extend the life of our landfill Implement the Natural Environment Action Plan completed annually Strategy 2016-26
Strategies / Policies Natural Environment Strategy 2016-26 Statutory Requirements/Codes/Standards/Policies Council as the land manager have a legislative responsibility to protect, maintain and enhance the Silverleaves Foreshore by controlling environmental weed species in conservation areas. Relevant sections from supporting legislation, regulation and strategies include: The Catchment and Land Protection Act (CaLP) 1994 which defines roles and responsibilities and regulates the management of noxious weeds and pest animals. The Crown Land (Reserves) Act 1978 provides for the reservation of Crown Lands for certain purposes. The Silverleaves Foreshore has been reserved for conservation, The Coastal Management Act 1995 which provide for the protection, conservation, rehabilitation and management of the coastal zone. The Victorian Coast Strategy 2014 which states that “Land managers actively identify and reduce the spread of invasive species by using best practices” (p.42). The Bass Coast Shire Council Natural Environment Strategy 2016 to 2026 which state that Council “Work in a co-operative approach with landowners, Landcare, DELWP, Parks Victoria and Phillip Island Nature Parks to reduce pest plants and animals in the Shire” (p.36). Other relevant legislation includes: Planning and Environment Act 1987
Bass Coast Shire Council Page 74 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Environment Protection Act 2006 Aboriginal Heritage Act 2006 Catchment and Land Protection Act 1994
Discussion Council is the Crown land foreshore reserve manager and Council supports the activities of the Silverleaves Conservation Association, and has a close working relationship for over 20 years. The Silverleaves foreshore is a conservation area which has been permanently reserved for the purpose of protection of the coastline. In 2018 Council worked with the Silverleaves Conservation Association to develop a project to remove three mature Pine Trees and plant 260 indigenous plants. The Silverleaves Conservation Association was successful in attracting grant funding totaling $8,510 from Coastcare Victoria Community Grants 2018 to remove three mature Radiate Pine trees (Pinus radiata) and spray other environmental weed species. Radiata Pine is a non-native environmental weed which threatens the biodiversity of natural systems. This includes its ability to change soil nutrient and water cycles, reduce soil fertility, significantly reduce light levels and produce thick leaf litter, all of which reduces the ability of native plant species to compete. If left uncontrolled the species threatens spread and to further impact biodiversity. At the Silverleaves foreshore project site this is evidenced by two dead Banksia stags that have succumbed to being outcompeted by the Radiata Pines. Council engaged with landholders of property near to the works site by sending project information in the form of a letter, including the petitioner. Council officers have had several conversations with community members and the petitioner providing further information. Given its online method of communication, the petition has attracted a significant proportion of respondents who are potentially unfamiliar with policy relating to the management of conservation reserves in Victoria and the values of the Bass Coast community. Of the 122 signatories on the petition, a breakdown of the residential location shows that 3% are from within Bass Coast Shire, 46% within other areas of Victoria, 54% interstate and 7% international. The removal of the Radiata Pine and re-introduction of indigenous plant species through revegetation is important to conserving the biodiversity that is valued, and is supported by Council’s Natural Environment Strategy 2016-26 and the Silverleaves Conservation Association whose volunteers spend countless hours to care for the Silverleaves foreshore.
Finances The Silverleaves Conservation Association have received grant funding totaling $8,510 from Coastcare Victoria Community Grants 2018 to remove the Pine Trees and spray other environmental weeds at the Silverleaves project site. If this project does not proceed, the grant money will need to be returned to the State Government Coastcare Victoria program. Council provides an annual budget to undertake weed removal, revegetation projects, weed maintenance, volunteer support, pest animal control, and animal protection.
Bass Coast Shire Council Page 75 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council has committed funds from the 2018/19 budget for the purchase of indigenous plants and tree guards totaling $780. Council has also committed in-kind officer time to assist in the planning and delivery of this project.
Stakeholders Identified stakeholders include: Bass Coast Shire Council Silverleaves Conservation Association Foreshore Users Local residents and community Department of Environment, Land, Water and Planning (DELWP)
Other Options
The following options are available: 1. Council may choose to adopt the officer’s recommendation. This option supports the activities of the Silverleaves Conservation Association volunteers and the values of the Bass Coast community to conserve biodiversity. It also satisfies Council’s legislative obligations as a Crown Land manager to control environmental weeds.
2. Council may choose to not adopt the officer recommendation and subsequently not support the activities of the Silverleaves Conservation Association volunteers working to conserve local biodiversity. This would also result in Council failing to deliver its legislative obligations as a Crown Land manager to control environmental weeds. Conclusion Since European settlement of the Bass Coast, subsequent development has resulted in significant loss of indigenous vegetation, with just 15 per cent native vegetation remaining today. Much of the remaining proportion occurs in reserves which have been designated for the purposes of conservation of which Silverleaves foreshore is one. The three Radiata Pine Trees proposed to be removed from the Silverleaves Foreshore are an environmental weed species which currently impacts on the biodiversity of the Silverleaves foreshore by out-competing indigenous plant species. If left uncontrolled the species threatens spread and to further impact biodiversity. The proposed project in partnership with the volunteer Silverleaves Conservation Association plans to remove these environmental weeds and plant species which are native to the Silverleaves foreshore ecosystem. As a manager of a Crown land conservation reserve, Council has a legislative obligation to control environmental weeds and conserve biodiversity.
Bass Coast Shire Council Page 76 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Bass Coast Shire’s prosperity comes from its environment which, in turn, drives its economy through livability, tourism and agriculture. The Silverleaves foreshore is a natural conservation area nurtured and preserved by the local Silverleaves Conservation Association through countless volunteer hours. The control of environmental weeds such as Radiata Pine and re-introduction of indigenous plant species through revegetation is important to conserving the natural flora and fauna valued by many.
Recommendation That Council: 1. Supports the program at the Silverleaves foreshore to control environmental weeds, including removal of three Radiata Pine, and revegetate with indigenous plants; and 2. Write to the head petitioner advising them of its decision.
Attachments There are no attachments for this report.
Council Decision Moved: Cr. Les Larke / Seconded: Cr. Stephen Fullarton That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 77 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
H.5 Guide Park Playspace - Concept Design 2019
File No: CM19/305 Division: Corporate & Community Council Plan Strategic Objective: Liveability Enjoying the place we live
Declaration The author has no direct or indirect interests in relation to this report.
Summary The Bass Coast Playspace Strategy 2017, identified Guide Park in Wonthaggi as a ‘Regional’ level playspace within Bass Coast. In 2018/19 Council allocated funding to develop a detailed design for the renewal and upgrade of Guide Park. Community consultation was undertaken in the development of the concept design. The purpose of this report is to seek Council adoption of the Guide Park Playspace Concept Design 2019 (AT-1) and progress the project to construction drawings and specification phase. As well as consider allocation of $385,515 from the Resort and Recreation Reserve, to the project.
Background Orchard Design was engaged to assist in the development of the initial concept plan and subsequent detailed design on completion of the consultation on the plan. A community consultation process was undertaken, including meetings with key stakeholders, pop-in sessions in the park and an online survey. The table below summarises the initial consultation. Engagement tools Respondents/Sessions Online Survey 294 Pop-ups sessions 2 Website promotions 1 Social media posts 3 Media releases 1 Newspaper advertisements 1 Hard copy displays 4 Stakeholder meetings 8 Bass Coast Health Rose Lodge Aged Care Coalfields Caravan Park Local Primary Schools x3 Bass Coast Specialist School
Bass Coast Shire Council Page 78 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Wonthaggi Guides
Phone interviews 4 Steering Committee meetings 2
The Draft Concept Plan was presented to Councillors on Wednesday, 3 April and was placed on public exhibition for a four-week period between Monday, 22 April and Sunday, 19 May. Throughout the four-week period, 15 responses were received. Organisations that responded supporting the project included Wonthaggi Primary School, Interchange, Bass Coast Specialist School, Bass Coast Health, Bass Coast Access and Inclusion Advisory Committee, Wonthaggi Girl Guides and the Wonthaggi Business and Tourism Association. Feedback throughout the public exhibition period and discussion with Councillors included: Ensuring bench seats throughout the Park are varied heights with arm rests (3 responses) Fencing was suggested for an area or the whole Park (3 responses) Additional rubber surfacing (2 responses) Lighting in the barbeque shelter (2 responses) Signage for non-verbal visitors (1 response) Installation of shade sails (1 response) Changing places station (1 response) Potential to have some of the car parking delivered in a staged manner Use of appropriate barriers/fencing to ensure safety of park users near the carpark area Each of the abovementioned items have been considered in the Guide Park Playspace Concept Design. In order to ensure this project can commence as soon as possible this report recommends that $385,515 of the Resort and Recreation Reserve be allocated to the project to assist in leveraging external grant funding from other sources. It is acknowledged that at the 21 November 2018 ordinary Council meeting, Council resolved to allocate these funds to the future development of the Guide Park Playspace, subject to the completion of the Wonthaggi Activity Centre Plan. This plan is now well progressed and Council’s adopted Long Term Financial Plan has a total of $3.5m allocated to the delivery of the Wonthaggi Activity Centre Plan. The recommendation of this report ensures council utilises its resources effectively to leverage funds from other sources to achieve timely delivery of both projects.
Bass Coast Shire Council Page 79 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council Plan Objective: Health and Wellbeing – We are a healthy and active community Strategic Outcome: Provide opportunities for involvement in healthy active lifestyles Improved accessibility for people with a disability Engage in health promotion activities that support the health and wellbeing of our community Advocate for health services in our community* Deliver and advocate for appropriate services for older people, families and children Plan and prepare for emergency responses in the region Support our communities to be connected and empowered Work with other agencies to implement Family Violence Prevention Plans and Strategies Strategic Indicator: Strategic Indicators Measures Participation in health promotion activities Health promotion activities from Health and Wellbeing Plan Actions undertaken annually Compliance with Municipal Emergency 100% compliance Management Plan 2014 Implement the Youth Action Plan 2016-20 Action Plan completed annually Implement annual Municipal Public Health and Action Plan completed annually Wellbeing Action Plan Implement the Disability Action Plan 2016-20 Action Plan completed annually Implement Municipal Early Years Plan 2016-20 Action Plan completed annually
Council Plan Objective: Liveability – Enjoying the place we live Strategic Outcome: Promote Bass Coast as an all year events destination whilst supporting the continuation and development of new events Facilitate opportunities for multi-purpose facilities to improve access to recreation and sporting activities Plan for and support a healthy, connected and active community Support youth recreation and learning activities in our community Support dynamic and diverse arts and cultural activities
Bass Coast Shire Council Page 80 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Protect our natural environment balanced with access for all to enjoy Ensure any road or drainage infrastructure projects consider safe and accessible crossings for pedestrians Plan and provide well maintained public amenities and facilities
Strategic Indicators: Strategic Indicators Measures Community grants program supporting Funding contributed to community events events as identified in Annual Budget Develop Municipal Recreation Plan Developed by June 2018 Implement annual Health and Wellbeing Action Plan completed annually Action Plan Build community infrastructure that 90% of the projects included in the Capital improves quality of life Works program to be completed Implement Asset Management Policy and Action Plan completed annually Strategy Improvements Implementation of annual maintenance Annual program implemented programs Implement priorities identified in the Delivery of identified budgeted path Pathways Network Plan 2016 projects Grant opportunities identified and applied for Develop and Implement Domestic Animal Action Plan completed annually Management Plan 2017-20 Implement Arts and Culture Plan 2015-19 Action Plan completed annually New plan revised and adopted by 2019 Implement Youth Action Plan 2016-20 Action Plan completed annually New plan revised and adopted by 2020 Bass Valley Children’s Centre construction Construction completed and facility opened by February 2018
Major Initiative / Initiative This project has been identified as a priority in the adopted Bass Coast Playspace Strategy 2017. Strategies / Policies This Project is supported through the following Council adopted strategies: Active Bass Coast 2018 Bass Coast Playspace Strategy 2017
Bass Coast Shire Council Page 81 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council Plan and Municipal Health and Wellbeing Plan 2017-21 Statutory Requirements/Codes/Standards/Policies The concept designs have been completed, meeting the following Australian Playground Standards: AS 4685 AS 4422 AS 3533.4.2
Discussion This Project delivers on the intent of the Playspace Strategy 2017, which identified Guide Park as a ‘Regional’ level playspace. In 2018/19 budget Council allocated funding to develop the concept and detailed designs for Guide Park Playspace. This report presents the Concept Design for Guide Park Playspace. A thorough consultation process was undertaken with key stakeholders and the broader community, including a public exhibition feedback period on the Concept Design. Key features of the new playspace include; improved access for all abilities, including concrete pathways throughout the playspace, raised sand pit and low level access to central play feature challenging play areas, flying fox and parkour course timber seating throughout basket swing secure fenced play area sensory garden active aging equipment
Bass Coast Shire Council Page 82 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Resort and Recreation Reserve funds of $385,515 could be allocated to the project to leverage government grant funding.
Finances Development of the Guide Park Concept Plan was funded in the 2018/19 budget, including detailed design. Funding for implementation will be subject to future budget decisions of Council and may require external grant funding. Having a completed concept that was identified in an adopted strategy, will assist to leverage government funding. Council has Resort and Recreation Reserve funding allocated for Wonthaggi and at the November 2018 Council Meeting resolved to allocate $385,515 to the future development of the Guide Park Playspace, subject to the completion of the Wonthaggi Activity Centre Plan (WACP). This report recommends that $385,515 from the Resort and Recreation Reserve, to be allocated to the Guide Park playspace project to be used to leverage external grant funding, including, but not limited to Sport and Recreation Victoria through the Community Sport Infrastructure Fund within the Major Facilities Program. Initial cost indications undertaken throughout concept design stage of this project estimated the overall value of the project to be approximately $1.4M. Further cost estimates will be prepared and reviewed throughout the construction drawings and specification phase of the Project.
Bass Coast Shire Council Page 83 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Stakeholders Council has led this project, collaborating with the following key stakeholders: The Bass Coast community Bass Coast Health Bass Coast Specialist School Coalfields Caravan Park Rose Lodge Aged Care St Joseph’s PS Wonthaggi Wonthaggi North PS Wonthaggi PS
Other Options Council may choose not to adopt the Guide Park Playspace Concept Design and request further development.
Conclusion The Concept Design has been developed in consultation with the community and supports the delivery of the Playspace Strategy 2017. The Guide Park Playspace Concept Design if adopted, will be progressed to construction drawings and specification stage of the project in order to prepare for potential grant funding opportunities. It is also recommended that Council allocated $385,515 from the Resort and Recreation Reserve for Wonthaggi to leverage External grants in order to deliver this project.
Recommendation That Council: 1. Adopts the Guide Park Playspace Concept Design 2019 2. Notwithstanding the resolution of Council made on 21 November 2018 in relation to Agenda Item H.4 – Resort and Recreation Funds Expenditure, authorises $385,515 from within the Resort and Recreation Reserve for Wonthaggi to be allocated to the Guide Park Playspace implementation.
Attachments AT-1 Draft Guide Park Playspace Concept Design 3 Pages
Bass Coast Shire Council Page 84 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council Decision Moved: Cr. Michael Whelan / Seconded: Cr. Bruce Kent That the recommnedation be adopted.
CARRIED Cr Geoff Ellis called for a division For Against Cr Le Serve Cr Rothfield Cr Tessari Cr Fullarton Cr Whelan Cr Ellis Cr Kent
Cr Les Larke abstained.
Bass Coast Shire Council Page 85 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
H.6 Blue Gum Reserve Master Plan (New), Harold Hughes Reserve Master Plan (new), Thompson Reserve Master Plan (Review)
File No: CM19/322 Division: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
Declaration The author has no direct or indirect interests in relation to this report.
Summary Draft master plans for Blue Gum Reserve, Cowes and Harold Hughes Reserve, Corinella have been developed through consultation processes this year. The Master Plans assist in determining priority projects for and development of recreation reserves in our municipality. The Thompson Reserve Master Plan has been reviewed. The purpose of this report is to present the Draft Blue Gum Reserve Master Plan (AT-1), Draft Harold Hughes Reserve Master Plan (AT-2) and Thompson Reserve Master Plan Review (AT-3) and seek authorization to place each on public exhibition for feedback between Monday, 24 June and Sunday, 4 August 2019.
Background Active Bass Coast 2018-2028, identifies reserves that require new or updated master plans. Master plans assist Council to determine priorities at recreation reserves by providing strategic direction for delivery of a range of projects for both the natural and built environment. Projects within master plans are prioritised for short, medium and long term implementation. Details on each consultation processes and key themes is provided below: Blue Gum Reserve: Blue Gum Reserve in Cowes is a Council owned reserve, providing a large informal open space and areas of use for key community user groups. The Reserve contains buildings occupied by service groups including the Cowes CFA and SES and storage and activity areas for the Artist’s Society of Phillip Island, Offshore Theatre Group, Phillip Island Croquet Club, Phillip Island Lions Club, Phillip Island and San Remo Rotary and Phillip Island Scout Group. The Reserve is also a popular off leash dog walking location and provides a nine hole frisbee golf course. Blue Gum Reserve consultation undertaken at the Reserve included: Key stakeholders meeting Thursday, 21 March 2019 (18 attendees) Community drop in session Thursday, 2 May 2019 (16 attendees) Community drop in session Sunday, 12 May 2019 (14 attendees)
Bass Coast Shire Council Page 86 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
On-line survey March to May (41 received) Key issues/opportunities considered when developing the Draft Blue Gum Reserve Master Plan following community consultation included: Preservation of the Reserve Investigate a controlled vehicle access through the Reserve to neighbouring houses Demarcation of dog on and off leash areas Incorporation of a fenced-off area for puppies and dog training Redevelopment of Croquet Club Pavilion
Harold Hughes Reserve: Harold Hughes Reserve is Corinella’s central and major township reserve. The Reserve includes buildings and associated infrastructure for the Corinella Bowls Club and Corinella Community Hall and open space for a children’s playground, public art piece, two tennis courts currently used for informal play, basketball ring and cricket nets. Consultation was undertaken through the following opportunities for the Reserve: Community drop in session Thursday, 14 March 2019 (16 attendees) Community drop in session Saturday, 11 May 2019 (2 attendees) On-line survey March to May (12 received) Previous community led consultations, including an online survey undertaken between November 2016 - February 2017 (70+ respondents) On – line survey conducted by the community in late 2016 Key issues/opportunities considered when developing the Draft Harold Hughes Reserve Master Plan following community consultation included: Redevelopment of tennis/play areas Replacement of playground Increased access for events improved permanent skate facilities
Thompson Reserve: Thompson Reserve in Inverloch is Council owned and has a current master plan which was adopted in 2016. The Thompson Reserve Master Plan 2016 is being reviewed as a result of recent changes including the decision for the Inverloch Bowls Club to remain on the Inverloch Foreshore and not re-locate to Thompson Reserve. This has had an impact on the Inverloch Stars Soccer Club and plans for shared facilities. Consultation was undertaken through the following opportunities for the Reserve: Stakeholder meetings at the Reserve (Inverloch Cricket and Soccer Clubs) Bass Coast Shire Council Page 87 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Community drop in session on Wednesday, 8 May 2019 (10 attendees) Key issues/opportunities considered when developing the Draft Thompson Reserve Master Plan Review community consultation included: Change facilities for Inverloch Stars Soccer Club New multi-purpose training facilities for cricket and soccer Continued maintenance for BMX track Improved entry/exit access, including pedestrian only areas
Strategic Basis Council Plan Objective: Health and Wellbeing – We are a healthy and active community Strategic Outcome: Provide opportunities for involvement in healthy active lifestyles Improved accessibility for people with a disability Engage in health promotion activities that support the health and wellbeing of our community Advocate for health services in our community* Deliver and advocate for appropriate services for older people, families and children Plan and prepare for emergency responses in the region Support our communities to be connected and empowered Work with other agencies to implement Family Violence Prevention Plans and Strategies Strategic Indicator: Strategic Indicators Measures Participation in health promotion activities Health promotion activities from Health and Wellbeing Plan Actions undertaken annually Compliance with Municipal Emergency 100% compliance Management Plan 2014 Implement the Youth Action Plan 2016-20 Action Plan completed annually Implement annual Municipal Public Health and Action Plan completed annually Wellbeing Action Plan Implement the Disability Action Plan 2016-20 Action Plan completed annually Implement Municipal Early Years Plan 2016-20 Action Plan completed annually
Bass Coast Shire Council Page 88 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council Plan Objective: Liveability – Enjoying the place we live Strategic Outcome: Promote Bass Coast as an all year events destination whilst supporting the continuation and development of new events Facilitate opportunities for multi-purpose facilities to improve access to recreation and sporting activities Plan for and support a healthy, connected and active community Support youth recreation and learning activities in our community Support dynamic and diverse arts and cultural activities Protect our natural environment balanced with access for all to enjoy Ensure any road or drainage infrastructure projects consider safe and accessible crossings for pedestrians Plan and provide well maintained public amenities and facilities
Strategic Indicators: Strategic Indicators Measures Community grants program supporting Funding contributed to community events events as identified in Annual Budget
Develop Municipal Recreation Plan Developed by June 2018 Implement annual Health and Wellbeing Action Plan completed annually Action Plan Build community infrastructure that 90% of the projects included in the Capital improves quality of life Works program to be completed Implement Asset Management Policy and Action Plan completed annually Strategy Improvements Implementation of annual maintenance Annual program implemented programs Implement priorities identified in the Delivery of identified budgeted path Pathways Network Plan 2016 projects Grant opportunities identified and applied for Develop and Implement Domestic Animal Action Plan completed annually Management Plan 2017-20 Implement Arts and Culture Plan 2015-19 Action Plan completed annually New plan revised and adopted by 2019
Bass Coast Shire Council Page 89 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Implement Youth Action Plan 2016-20 Action Plan completed annually New plan revised and adopted by 2020 Bass Valley Children’s Centre construction Construction completed and facility opened by February 2018
Major Initiative / Initiative These projects are not a major initiative/intiative in the 2018/19 budget, however are identified within the Council adopted Sport and Active Recreation Needs Assessment 2016 and Active Bass Coast 2018. Strategies / Policies Council Plan incorporating the Municipal Health and Wellbeing Plan 2017 Active Bass Coast 22018 Sport and Active Needs Assessment 2016 Skate Strategy 2018 Playspace Strategy 2017 Disability Action Plan 2016 Statutory Requirements/Codes/Standards/Policies There are no statutory requirements for Recreation Reserve Master Plans, however these create better governance structures in managing public open spaces.
Discussion The Blue Gum Reserve, Harold Hughes Reserve Master Plans and review of the Thompson Reserve Master Plan have been undertaken with key user groups and the broader community. These Master Plans provide agreed priority for key projects at each Reserve. Blue Gum Reserve A natural barrier to define the dog off-leash area away from recreation facilities/car park (including signs) Investigate a controlled vehicle access through the Reserve to neighbouring houses Upgrade croquet facilities including an external accessible public toilet for the Reserve (open during daylight hours only) Provide seating and shelter for park users Work with the Phillip Island Conservation Society to protect the natural environment Consider the inclusion of a small fenced area (off leash) for dog training and dogs that need to be contained
Bass Coast Shire Council Page 90 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Bass Coast Shire Council Page 91 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Harold Hughes Master Plan Develop a new playspace Plant shade trees around playspace to provide adequate shade Resurface tennis courts to create multi-use courts to provide for tennis, basketball, netball, cricket and soccer Remove existing basketball ring and cricket nets as part of court and skate upgrade Create skate area Provide electricity for market and outdoor events Provide path connection from Smythe St to the rotunda to connect with existing path network Improve entrance to playspace and reserve from Smythe Street Refurbish public toilets Upgrade fencing around the grave site Replace bollards with low planting along carpark edge Install additional picnic tables and bench seats Protect existing vegetation
Bass Coast Shire Council Page 92 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Bass Coast Shire Council Page 93 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Thompson Reserve Masterplan Relocation of main entry/exit road further south along Cuttriss Street the including a small car park for the BMX track Undertaking of a traffic management plan for the intersection of Cuttriss Street and Inverloch-Venus Bay Road Extension of parking areas around permitter of oval for large events Continued use of entry/exit point off Inverloch – Venus Bay Road for delivery and short term uses only Creation of a pedestrian only area, for safety Extension to existing pavilion to incorporate additional change areas Retaining the existing BMX track New multi-purpose cricket and soccer training facilities
Bass Coast Shire Council Page 94 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Finances The development of these masterplans and review have been undertaken internally by council officers and have therefore been funded through the 2018/19 operating budget. By creating Master Plans, priority short, medium and long term projects are identified. Each of the master plans list priority projects and where possible, indicative costs for undertaking them. Having clear recreation project priorities in adopted plans developed with our community, assists Council when external grant funding opportunities become available. There are some projects which will commence in the short term as they have been identified within other community consultation processes and are fully funded (e.g. Bass Coast Shire Council Skate Strategy 2018), these are; Blue Gum Reserve
Project Timeframe 2019/2020
Relocation of Blue Gum logs from the rear of the Cowes 2018/19 Cultural Centre to the Reserve
Commencement of designs for the Philip Island Croquet Club 2019/20 Pavilion
Harold Hughes Reserve
Project Timeframe 2019/2020
Corinella Skate Park 2018/19
Upgrade of electricity for the Park 2018/19
Renewal of existing tennis courts to tennis and multi-purpose 2019/20 courts
Council provides an annual operational budget allocation for the management of facilities and recreation activities.
Stakeholders Blue Gum Reserve: Phillip Island Conservation Society Artists Society of Phillip Island Phillip Island and San Remo Rotary Club Lions Club of Phillip Island Bass Coast Shire Council Page 95 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Phillip Island Croquet Club Phillip Island Scouts Group Friends of Blue Gum Reserve Blue Gum Reserve dogs off leash community members Cowes community, including local residents Harold Hughes Reserve: Corinella Bowls Club Corinella Community Hall Corinella Community Market Corinella Community Centre Corinella Residents and Rate Payers Bass Valley Primary School Corinella community, including local residents Thompson Reserve: Inverloch Cricket Club Inverloch Stars Soccer Club Local Residents
Other Options Council may choose not to authorise the Draft Blue Gum Reserve Master Plan, Draft Harold Hughes Reserve Master Plan and Thompson Reserve Master Plan Review to be placed on public exhibition for feedback over a four-week period and request further development. This would result in a delay in the projects which have been developed good community input and feedback
Conclusion The Draft Blue Gum Reserve, Draft Harold Hughes Reserve Master Plan and Thompson Reserve Master Plan Review have been developed in line with priorities within Active Bass Coast 2018 and following extensive community consultation. The Draft Blue Gum Reserve Master Plan highlights the need for conserving the natural environment, whilst supporting the development of better facilities for the Phillip Island Croquet Club, better management of dogs off leash spaces and management of vehicle access at the Reserve. Harold Hughes Reserve in Corinella is the town’s central space for community gatherings, including markets and play. The Draft Master Plan supports recent commitments to upgrade existing facilities and provide better public amenity for passive and formal uses. Thompson Reserve Master Plan Review has responded to recent changes at the Reserve since the Master Plan was completed in 2016. Each Draft Master Plan will be placed on public exhibition for final feedback between Monday, 24 June and Sunday, 4 August 2019. Bass Coast Shire Council Page 96 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Recommendation That Council: 1. Endorses the Draft Blue Gum Reserve Master Plan and place the Plan on public exhibition for final feedback over a six-week period, between Monday, 24 June and Sunday, 4 August. 2. Endorses the Draft Harold Hughes Reserve Master Plan and place the Plan public exhibition for final feedback over a six-week period, between Monday, 24 June and Sunday, 4 August. 3. Endorses the Draft Thompson Reserve Master Plan Review and place the Plan on public exhibition for final feedback over a six-week period, between Monday, 24 June and Sunday, 4 August.
Attachments AT-1 Draft Blue Gum Reserve Master Plan 15 Pages AT-2 Draft Harold Hughes Reserve Master Plan 13 Pages AT-3 Thompson Reserve Master Plan Review 55 Pages
Council Decision Moved: Cr. Stephen Fullarton / Seconded: Cr. Bruce Kent That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 97 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
H.7 Review of appointments to Council Committees and Delegated Committees
File No: CM19/410 Division: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
Declaration The author has no direct or indirect interests in relation to this report.
Summary Council appoints delegates to a number of Council committees and external committees in order to meet its legislative obligations and to enhance its involvement in community activities and to advocate on behalf of the community. The purpose of this report is to include the Cape Barren Geese Working Group to the list of Delegated Committees and appoint a Council representative.
Background A number of Council committees and external committees exist where Councillors are invited to participate across a broad interest area. Some of these committees have legislative requirements, but most committees operate in an advisory capacity. It is important for Councillors to be represented on committees and networks for a number of reasons including: Some committees are legislated to provide input into strategic plans Committees provide opportunities for Councillors and the organisation to stay connected to advocacy groups and understand emerging issues Provide advice to Council on a variety of issues Help Council achieve its Council Plan objectives.
Strategic Basis Council Plan Objective: Governance – We are responsive, open, transparent and financially sustainable Strategic Outcome: Provide equitable distribution of resources across the Shire Be diligent in ensuring services meet community need and are cost effective Manage our financial resources and report on our performance Engage with the community on decisions that impact them Explore other alternatives for revenue opportunities
Bass Coast Shire Council Page 98 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Strategic Indicator:
Strategic Indicators Measures Community Satisfaction with Council Achieve the top quartile of Large Rural Decisions Councils Transparency of Council decisions Achieve the top quartile of Large Rural Councils Community Satisfaction with Consultation Achieve the top quartile of Large Rural and Engagement Councils Community satisfaction with customer Achieve the top quartile of Large Rural contact Councils
Local Government Performance Reporting Measures that are reported are within the Framework (LGPRF) – Financial top quartile for Large Rural Councils as Performance identified in the LGPRF Victorian Auditor General Office (VAGO) The Strategic Resource Plan and the Long Financial Sustainability indicators Term Financial Plan to meet or better VAGO low risk indicators Other financial and non-financial Adjusted underlying operation result aims performance indicators to achieve an operating surplus Implementation of monthly and year to date financial reporting, with plain English version for our Community Implementation of monthly and year to date non-financial performance reporting, with plain English version for our Community Increased efficiencies as a result of information technology improvements Communications and Engagement Strategy Complete Strategy implementation by 2015-18 actions implemented June 2018 Develop and Implement a Revenue Strategy Strategy developed and actions implemented
Discussion Cape Barren Geese Working Group Council is working with Phillip Island Nature Parks, DELWP, farmers and other key stakeholders to develop a plan to manage the burgeoning numbers of Cape Barren Geese and other wildlife, which is having a detrimental impact on farming on Phillip Island. A Cape Barren Geese working group has been formed and Council can nominate a Councillor as a representative on this group.
Bass Coast Shire Council Page 99 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Finances Councillor participation in Trust or Committees is covered by their general reimbursement as Councillors. Any associated expenses, such as travel, is claimable by each individual Councillor. These expenses are allowed for within Council’s operating budget.
Stakeholders Cape Barren Geese Working Group Bass Coast Community Farmers Phillip Island Nature Parks Department of Environment, Land, Water and Planning Landcare.
Other Options Council could choose not to appoint a representative to the Cape Barren Geese Working Group.
Conclusion It is recommended that an appointment of a Councillor representative is made to the Cape Barren Geese Working Group.
Recommendation That Council appoints the Mayor be the Council representative to the Cape Barren Geese Working Group.
Cr Clare Le Serve left the meeting at 7.06pm Cr Clare Le Serve returned to the meeting at 7.08pm.
Attachments There are no attachments for this report
Council Decision Moved: Cr. Geoff Ellis / Seconded: Cr. Pamela Rothfield That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 100 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
H.8 Review of Council's Instrument of Delegation Council to Staff
File No: CM19/370 Department: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
Declaration The author has no direct or indirect interests in relation to this report.
Summary It is not practical for Council and the Chief Executive Officer alone to exercise the many statutory powers bestowed on Council. Delegation facilitates the achievement of good governance for the community by empowering appropriate members of staff to make decisions on behalf of Council and the Chief Executive Officer. In seeking to achieve its purposes under the Local Government Act 1989 (the Act), one of Council’s objectives is to delegate decision making to appropriate levels within the organisation. The Act allows both Council and the Chief Executive Officer to delegate to members of staff, by Instrument of Delegation, certain powers, duties and functions under any Act administered by Council. The purpose of this report is to recommend that Council adopts the Instrument of Delegation from Council to staff and revokes all previously adopted Instruments of Delegation from Council to staff. Instruments of Delegation are appointed to positions, not people. A power, duty or function applied to any position through an Instrument of Delegation cannot be on- delegated, but does cover anybody who is ‘acting’ in a position.
Background Council subscribes to a suite of Instruments prepared by Maddocks Lawyers, which are then adapted and completed to meet the requirements of Bass Coast. Twice each year Maddocks provide updates to their Instruments, capturing any changes made to the wide range of legislation Council operates within. In order to keep Council’s Instruments of Delegation current, any updates received from Maddocks are applied and presented to Council for adoption. Updates will also be made should any position titles change for positions which have delegations attached. Updates from Maddocks have identified changes to the following Acts/Regulations. Domestic Animals Act 1994 (DA Act) - the conditions and limitations column for s 41A(1) in the DA Act has been updated to reflect the new language of the DA Act Heritage Act 1995 - the Heritage Act 1995 has been replaced by the Heritage Act 2017 and the relevant provision for Councils has now changed from s 84(2) to s 116; Planning and Environment Act 1987 (P&E Act) - there have been extensive changes to the P&E Act prompted by the Planning and Environment Bass Coast Shire Council Page 101 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Amendment (Public Land Contributions) Act 2018 (Public Land Contributions Amendment Act). These changes commence on 2 July 2018, and include, for the purposes of this Instrument, the: o removal of ss 46GF- 4681(5), 46GL, 46GM and 224(8); o insertion of ss 46GI(2)(b )(i)- 46LB(3) and 172C- 172D (2), which are .provisions conferring powers, and functions, and imposing duties, on Council acting in one or more of the following capacities: .collecting authority; .development authority; .municipal council; .planning authority; and o amendment of ss 62(5)(a) and 62(6)(a) Planning and Environment Act 1987 (P&E Act) - further changes to the P&E Act have been made by the Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018 (Distinctive Areas and Landscapes Amendment Act), which include the insertion of ss 46AW - 46AZK. These provisions have already commenced and apply where Council is a 'responsible public entity'. Local Government Act 1989 (Vic) (LGA) - part of the footnote relating to s 181H of the Local Government Act 1989 (Vic) (LGA) has been removed. Planning and Environment Act 1987 (Vic) (P&E Act) - s 46AS of the Planning and Environment Act 1987 (Vic) (P&E Act) was replaced on 30 May 2018, as a consequence of the Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018 (Vic). The new s 46AS does not contain a Council power, duty or function and, therefore, has been removed from our S6 template.
Position titles have also been updated accordingly.
Strategic Basis
Council Plan Objective: Governance – We are responsive, open, transparent and financially sustainable Strategic Outcome: Provide equitable distribution of resources across the Shire Be diligent in ensuring services meet community need and are cost effective Manage our financial resources and report on our performance Engage with the community on decisions that impact them Explore other alternatives for revenue opportunities
Bass Coast Shire Council Page 102 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Strategic Indicator: Strategic Indicators Measures Community Satisfaction with Council Achieve the top quartile of Large Rural Decisions Councils Transparency of Council decisions Achieve the top quartile of Large Rural Councils Community Satisfaction with Consultation Achieve the top quartile of Large Rural and Engagement Councils Community satisfaction with customer Achieve the top quartile of Large Rural contact Councils Local Government Performance Reporting Measures that are reported are within the Framework (LGPRF) – Financial top quartile for Large Rural Councils as Performance identified in the LGPRF Victorian Auditor General Office (VAGO) The Strategic Resource Plan and the Long Financial Sustainability indicators Term Financial Plan to meet or better VAGO low risk indicators Other financial and non-financial Adjusted underlying operation result aims performance indicators to achieve an operating surplus Implementation of monthly and year to date financial reporting, with plain English version for our Community Implementation of monthly and year to date non-financial performance reporting, with plain English version for our Community Increased efficiencies as a result of information technology improvements Communications and Engagement Strategy Complete Strategy implementation by 2015-18 actions implemented June 2018 Develop and Implement a Revenue Strategy Strategy developed and actions implemented
Finances Council uses the suite of templates provided by Maddocks for Delegations and Authorisations. The annual subscription is $2750 GST incl.
Stakeholders Council – ensuring they can focus on high level strategic and Council planning. Staff – ensuring the ability to undertake their roles. Community – knowledge that appropriate delegations are in place to allow for the effective and efficient running of Council.
Bass Coast Shire Council Page 103 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Statutory Requirements/Codes/Standards/Policies Section 98 of the Local Government Act 1989 provides: (1) A Council may by instrument of delegation delegate to a member of its staff any power, duty or function of a Council under this Act or any other Act other than – (a) this power of delegation; and (b) the power to declare a rate or charge; and (c) the power to borrow money; and (d) the power to approve any expenditure not contained in a budget approved by the Council; and (e) any power, duty or function of the Council under section 223; and (f) any prescribed power. The powers, duties and functions included in this Instrument of Delegation relate to the following legislation: Cemeteries and Crematoria Act 2003 Domestic Animals Act 1994 Environment Protection Act 1970 Food Act 1984 Heritage Act 2017 Local Government Act 1989 Planning and Environment Act 1987 Rail Safety (Local Operations) Act 2006 Residential Tenancies Act 1997 Road Management Act 2004 Cemeteries and Crematoria Regulations 2015 Planning and Environment Regulations 2015 Planning and Environment (Fees) Further Interim Regulations 2016 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010 Road Management (General) Regulations 2016 Road Management (Works and Infrastructure) Regulations 2015 Any decision made by an officer under delegation is treated the same as having been made by Council.
Bass Coast Shire Council Page 104 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Other Options Council could choose not to delegate any powers, duties or functions to staff. However, if this were to occur Council would be responsible for making all decisions and acting on all powers, duties and functions as outlined in each relevant section of each piece of legislation. This would not allow for timely decision making, nor effective governance. This would also place a large financial burden on Council for two reasons: if all officers have to present all decisions to Council for formal resolution, including standard administrative matters, there would be a significant cost. if Council is challenged in court for not having appropriate delegations in place for officers there would be a substantial financial and reputational impact. If Council chose not to adopt the changes to delegations, the current delegations remain in place. This review recognizes changes to legislation that impacts on Council’s delegation to staff.
Officer’s Conclusion and Recommendation It is recommended that Council adopt the Instrument of Delegation from Council to staff for the powers, duties and functions under the relevant legislation as outlined in the attachment.
Recommendation In the exercise of the powers conferred by s 98(1) of the Local Government Act 1989 (the Act) and the other legislation referred to in the attached instrument of delegation, Council Resolves that: 1. There be delegated to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached Instrument of Delegation Council to Staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument. 2. The instrument comes into force immediately the common seal of Council is affixed to the instrument. 3. On the coming into force of the instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) are revoked. 4. The duties and functions set out in the instrument must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.
Attachments AT-1 Instrument of Delegation Council to Staff 177 Pages
Bass Coast Shire Council Page 105 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council Decision Moved: Cr. Pamela Rothfield / Seconded: Cr. Michael Whelan That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 106 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
H.9 Review of Procurement Policy
File No: CM19/284 Department: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
Declaration The author has no direct or indirect interests in relation to this report.
Summary Section 186 of the Local Government Act 1989 (the Act) requires Council to review its Procurement Policy annually. The Procurement Policy 2018 was adopted by Council in accordance with the Act at its meeting held on 16 May 2018. The Procurement Policy 2019 has been reviewed in accordance with the Victorian Local Government Best Practice Procurement Guidelines and the State Government’s Best Practice Guidelines for Procurement and the following changes are recommended: Insert terms and their definition; Insert report matters if concerned that improper conduct is being undertaken; Insert what our intentions are when we procure; Insert public tender thresholds in accordance with the Local Government Act 1989; Insert procedure for opening of tenders, selection criteria, evaluation panels and appointment of a probity advisor; Insert Council complying with Modern Slavery Act 2018 by having zero tolerance for modern slavery practices. Council’s procurement practices are designed to enhance sustainable procurement and to be strategically aligned with the wider Council objectives. This allows for Council to recognise the corporate and social responsibility and leverage Council procurement activities to provide positive outcomes to the local community.
Background Council spends $55 million on the procurement of goods and services each year and this significant procurement activity supports the delivery of services and projects in the Council Plan. Procurement needs to be undertaken in a manner that ensures value for money and accountability to the community for the expenditure of public monies. This policy sets out the principles for procurement and assists Council to: obtain best total value in terms of price, quality and service while meeting the Council’s economic, environmental and community objectives provide accountability for the achievement of best value for money in the procurement of goods and services Bass Coast Shire Council Page 107 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
improve business relationships through a procurement process that is consistent and transparent and reduces the cost of doing business Support businesses and purchases that sustain local employment Consider the environmental impact when purchasing good and services.
Strategic Basis Council Plan Objective: Governance – We are responsive, open, transparent and financially sustainable
Strategic Outcome: Provide equitable distribution of resources across the Shire Be diligent in ensuring services meet community need and are cost effective Manage our financial resources and report on our performance Engage with the community on decisions that impact them Explore other alternatives for revenue opportunities Strategic Indicator: Strategic Indicators Measures Community Satisfaction with Council Achieve the top quartile of Large Rural Decisions Councils Transparency of Council decisions Achieve the top quartile of Large Rural Councils Community Satisfaction with Consultation Achieve the top quartile of Large Rural and Engagement Councils Community satisfaction with customer Achieve the top quartile of Large Rural contact Councils Local Government Performance Reporting Measures that are reported are within the Framework (LGPRF) – Financial top quartile for Large Rural Councils as Performance identified in the LGPRF Victorian Auditor General Office (VAGO) The Strategic Resource Plan and the Long Financial Sustainability indicators Term Financial Plan to meet or better VAGO low risk indicators
Bass Coast Shire Council Page 108 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Other financial and non-financial Adjusted underlying operation result aims performance indicators to achieve an operating surplus. Implementation of monthly and year to date financial reporting, with plain English version for our Community. Implementation of monthly and year to date non-financial performance reporting, with plain English version for our community. Increased efficiencies as a result of information technology improvements. Communications and Engagement Strategy Complete Strategy implementation by 2015-18 actions implemented June 2018. Develop and Implement a Revenue Strategy Strategy developed and actions implemented.
Stakeholders Councillors; Bass Coast Shire Council contractors; and Bass Coast Shire Council community. For the 2020/2021 review of the Procurement Policy it is proposed to extensively engage with key stakeholders and internal users of the Procurement service. The next review will also focus on the non-financial aspects of the Procurement function, including how Council can generate positive social outcomes and reduce carbon emissions through its procurement practices.
Statutory Requirements/Codes/Standards/Policies The review of the procurement policy is a requirement of Section 186 of the Local Government Act 1989 and must be undertaken annually.
Officer’s Conclusion and Recommendation The Policy was reviewed in accordance with the Local Government Act 1989 and the Victorian Local Government Best Practice Procurement Guidelines. The Procurement and Fleet Services policies, processes and procedures are subject to annual review by the Victorian Auditor General’s Office as part of our standard financial audit process. We recommend the following changes to the current Procurement Policy: Insert definitions for terms that are mentioned in the Procurement Policy (Clause 1.5). Evaluation Criteria The criteria used to evaluate the compliance and/or relative ranking of tender responses. All evaluation criteria must be clearly stated in the request documentation. Probity Advisor A Probity Advisor provides advice on probity issues which may arise, together with advice on strategies to overcome potential problems. Bass Coast Shire Council Page 109 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Insert reference to improper conduct (Clause 2.1.2). Reporting corrupt and improper conduct is in Council’s Code of Conduct. Report matters if they are concerned that improper conduct is being undertaken this includes: - Corrupt conduct - A substantial mismanagement of public resources - A substantial risk to public health and safety; and - A substantial risk to the environment Insert what our intentions are when we procure, to show Council is committed to delivering projects/services when they say they will (Clause 2.1.2). Only invite quotation and tenders where there is a clear intent to procure the goods/services/works in the future. Insert tender thresholds that are stated in the Local Government Act 1989 (Clause 2.3.2.1). The purchase of goods and services for which the estimated expenditure exceeds $150,000 (including GST), and building and construction works for which the estimated expenditure exceeds $200,000 (including GST) must be undertaken by public tender. Insert procedure for opening of tenders, selection criteria, evaluation panels and appointment of a probity advisor (Clause 2.3.2.1). - Opening of Tenders Tenders submissions are opened in the presence of two Council officers independent of the tender, one of whom is an officer from the Procurement Department. Tenders are recorded and signed by the officers present at the tender opening. - Selection Criteria The selection criteria is based on the individual project/procurement priorities. The criteria must be established and agreed prior to the tender officially open to the market, and must be included in the Tender document. - Evaluation Panels A Tender Evaluation Panel will be established to evaluate each tender against the selected criteria. The Evaluation Panel will comprise of at least three members, and may include external parties who specialise in the area. All members, including the chairperson, must complete a ‘Conflict of Interest and Confidentiality’ Declaration. Tender evaluation panels will produce a written report of their evaluation using the appropriate prescribed template - Probity Advisor Council will consider the appointment of a probity advisor for tender requests based on the nature and complexity of the proposed procurement.
Bass Coast Shire Council Page 110 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Insert reference to Modern Slavery Act 2018 to show Council recognises and is committed to the new Act (Clause 3.4.1.1). Complies with the Modern Slavery Act 2018 by having zero tolerance for modern slavery practices such as human trafficking, slavery, forced labour, child labour and slavery-like practices. The Purchase Order Term and Tender Declaration have been varied to include confirmation by suppliers that they will endeavor to only do business with entities that comply with the Modern Slavery Act 2018.
Recommendation That the Procurement Policy 2019 be adopted.
Attachments AT-1 Procurement Policy 2019 28 Pages
Council Decision Moved: Cr. Pamela Rothfield / Seconded: Cr. Geoff Ellis That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 111 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
H.10 Award of Tender No. 19004 - Provisions of Banking, Customer Payment Processing and Related Services
File No: CM19/449 Division: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
Declaration The author has no direct or indirect interests in relation to this report.
Summary This report to Council presents the outcome of the tender evaluation for Tender No 19004 - Provisions of Banking, Customer Payment Processing and Related Services. A panel, consisting of two (2) Council officers and one (1) external panel member was formed for the purpose of tender evaluation. The objective of the Panel was to assess the submissions against the selection criteria and identify a preferred tenderer for the purpose of assisting the Council in reaching a tender award decision. The Panel concluded the tender submitted by Westpac Banking Corporation (WBC) will satisfy the service requirements and provide Council with best value for money. This report recommends Council accept the tender submission and award Contract No 19004 to Westpac Banking Corporation. The report contains an attachment which is declared to be confidential in accordance with Bass Coast Shire Council’s Tender and Contract Confidentiality Procedure.
Background Bass Coast Shire Council is seeking to appoint a provider of Banking and Bill Payment Services for the period 1 July 2019 until 30 June 2022 with an option of two further 12 month periods which may be exercised at the same time. Council’s operating platform is OneCouncil, (TechnologyOne), including Accounts Payable and cheque/EFT runs. Bank payments will occur through WBC as soon as possible and receipted into accounts with the current provider until this date. Revenue streams for collection; council rates, pet registrations, homecare and other related payments will be managed through OneCouncil once this system goes live later in the financial year. For regular bill payments, Council currently utilises: BPAY Telephone Internet Payments by Mail
Bass Coast Shire Council Page 112 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Payments by Centrepay Payments in person at Council Payments in person at Australia Post Direct Debit is not currently utilised, but is being considered as a future payment option. Council is looking to expand its options with regard to all payment mechanisms and is exploring strategies that will positively influence ratepayers and customers to use more cost-effective payment channels. Council is also looking to streamline existing time-consuming processes such as deposit identification, paper-based payments, agency transactions, voucher tracing, animal payments, and enhance BPAY services while simplifying the bank reconciliation process.
Strategic Basis Council Plan Objective: Governance – We are responsive, open, transparent and financially sustainable Strategic Outcome: Provide equitable distribution of resources across the Shire Be diligent in ensuring services meet community need and are cost effective Manage our financial resources and report on our performance Engage with the community on decisions that impact them Explore other alternatives for revenue opportunities Strategic Indicator: Strategic Indicators Measures Community Satisfaction with Council Achieve the top quartile of Large Rural Decisions Councils Transparency of Council decisions Achieve the top quartile of Large Rural Councils Community Satisfaction with Consultation Achieve the top quartile of Large Rural and Engagement Councils Community satisfaction with customer Achieve the top quartile of Large Rural contact Councils Local Government Performance Reporting Measures that are reported are within the Framework (LGPRF) – Financial top quartile for Large Rural Councils as Performance identified in the LGPRF Victorian Auditor General Office (VAGO) The Strategic Resource Plan and the Long Financial Sustainability indicators Term Financial Plan to meet or better VAGO low risk indicators
Bass Coast Shire Council Page 113 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Other financial and non-financial Adjusted underlying operation result aims performance indicators to achieve an operating surplus Implementation of monthly and year to date financial reporting, with plain English version for our Community Implementation of monthly and year to date non-financial performance reporting, with plain English version for our Community Increased efficiencies as a result of information technology improvements Communications and Engagement Strategy Complete Strategy implementation by 2015-18 actions implemented June 2018 Develop and Implement a Revenue Strategy Strategy developed and actions implemented
Statutory Requirements/Codes/Standards/Policies The entire tender process, commencing with development of the tender documents, through the invitation to tender, to evaluation of tenders received and culminating in the conclusion reached in this report, has been carried out in accordance with the provisions of: The Victorian Local Government Procurement Best Practice Guidelines Code of Tendering Australian Standard 4120-1994 Bass Coast Shire Council’s Procurement Policy Bass Coast Shire Council Policy - Tender & Contract Confidentiality
Tender Process This tender was advertised in: South Gippsland Sentinel Times on Tuesday, 19 February 2019 Phillip Island Advertiser on Wednesday, 20 February 2019 Tenderlink website on Friday, 15 February 2019 Tenders closed at 2pm on Friday, 15 March 2019 and Council received three (3) conforming tender submissions. Evaluation Process The conforming tenders were assessed using the following evaluation criteria and weightings: Table 1 – Evaluation Selection Criteria Criteria Weighting Mandatory Integrated Management System – Adaptability to TechOne Pass/Fail
Bass Coast Shire Council Page 114 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Insurances and Registration Pass/Fail Weighted Price 40% Capabilities: 35% - Product Suite - Innovation - Customer Service Delivery - Methodology and Approach Capacity and Relationships: 15% - Relationship Management Team - Transition Management (if required) - Previous related Experience (Staff resources and sub-consultants) Benefit to Bass Coast Shire Economy: 10% - Financial contribution to the Shire Economy - Sponsorships/Grants/Donations/Partnerships - Other local support to Bass Coast Shire
An Evaluation Panel was formed consisting of two (2) Council Officers, one (1) external panel member and was chaired by an Officer from the Procurement Team who oversaw the process and did not score the tenders. Each tenderer passed the mandatory selection criteria. For the tender submissions received, each panel member scored the criteria out of a maximum possible five points. Following the initial independent evaluation, the Panel met to discuss their independent scores and arrived at a consensus on final scores for each criterion. The scores were then multiplied by the relevant weighting to obtain final scores. The Panel assessed the technical worth of each tender against the specification requirements and the selection criteria, identified issues for further review, clarified issues with tenderers and sought additional information. All three tenderers were also requested to submit their best and final offer with additional savings offered by all three tenders, however the savings offered did not have an impact on the recommendation. Extensive reference checks were carried out with Brendan Jackson, Financial Operations Program Leader from Logan City Council, and also Liz Rowland, Executive Manager Finance (CFO) from Moreland City Council to seek clarification and to assist the panel in its understanding and assessment of their tender.
Bass Coast Shire Council Page 115 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
The final weighted scores are set out in Table 2.
Table 2 – Final Weighting Scores No. * Price # Non-Price Total Score Name Score % Score % % 1 Westpac Banking Corporation 40% 39% 79% 2 Tender B 24% 48% 72% 3 Tender C 24% 31% 55%
* The higher the price score – lower the tendered price. # The higher the non-price score – represents better capability and capacity to undertake the service. Westpac Banking Corporation presented the lowest cost conforming tender and in accordance with the selection criteria their bid represents the best value to Council. Westpac Banking Corporation demonstrated their capacity and capability to undertake the service. Westpac Banking Corporation have the capacity to integrate with our current core IT system. Contract Management The Executive Manager, Finance will act as Contract Superintendent for the contract and the Finance Project Manager will act as the Contract Superintendent's Representative. Approval of variations will be in accordance with the Procurement Delegations Frameworks adopted by Council on 15 March 2017. Contract Commencement: 1 July 2019 Anticipated Contract Completion: 30 June 2022 Extension options: up to two (2) years Finances This is an ongoing service with an annual budget of $190,000. The budget available for the contract over the next three years is $570,000 (GST exclusive). The proposed contract has a value of $360,000 (GST exclusive), for the initial three (3) year contract term. There is an option to extend the contract for a further two (2) years. The award of the contract will result in potential savings of an estimated $50,000 over the first year of the contract, after allowing for progressive transition and implementation costs, with a further $80,000 per annum thereafter. Council is expecting to save an estimated $210,000 over the initial three (3) year contract term, based on its current expenditure on bank fees and charges. Stakeholders The stakeholders for this tender include: Bass Coast Shire Council Bass Coast Shire residents and rate payers
Bass Coast Shire Council Page 116 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Other Options Award the contract to the tenderer who scored the highest qualitative score. This would come at a significant incremental cost to Council and the tender evaluation included a weighting of 40% for price which was a key factor in the Tender Evaluation Panel’s decision to recommend awarding the contract to the Westpac Banking Corporation.
Conclusion The Tender Evaluation Panel Report is attached. The panel report concludes that the tender submitted by Westpac Banking Corporation will provide Council with best value for money for the following reasons. They achieved the highest score and submitted the lowest cost submission; and Their submission demonstrated their capacity and capability to deliver the service in accordance with the specification.
Recommendation That Council: 1. Accept the tender from Westpac Banking Corporation and award Contract No.19004 Provisions of Banking, Customer Payment Processing and Related Services for the total contract sum of $396,000 GST inclusive for a contract term of three (3) years with an extension option of a further two (2) years at the discretion of Council. 2. Affixes the Common Seal of the Bass Coast Shire Council to Contract 19004 between Council and Westpac Banking Corporation.
Attachments AT-1 CONFIDENTIAL - Tender Evaluation Panel Report 7 Pages
Council Decision Moved: Cr. Pamela Rothfield / Seconded: Cr. Bruce Kent That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 117 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
H.11 Proposed Sale of Land
File No: CM19/445 Division: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
Declaration The author has no direct or indirect interests in relation to this report.
Summary This report recommends the sale of Council freehold land at 50-56 Church Street, Cowes, to the Victorian State Government to enable the construction and use of the land for a community hospital. A decision to sell the land may be made pursuant to Section 191 of the Local Government Act 1989. The subject land is currently occupied by the Phillip Island Health Hub operated by Bass Coast Health and the Phillip Island Community and Learning Centre (PICAL). It is recommended that the sale of the land be conditional, including a condition for the satisfactory relocation of PICAL. Background Council entered into a 50-year lease for 50-54 Church Street, Cowes, to allow Bass Coast Health to construct and operate the Phillip Island Health Hub. The property is in two titles (Certificates of Title Volume 1355 Folio 956 and Volume 8286 Folio 332 and measures approximately 6,000 square metres. PICAL has a 2-year lease of part of the property at 56-58 Church Street that commenced on 1 December 2018. The lease allows the operation of a community learning centre and related activities. The land under lease is part of Certificate of Title Volume 9895 Folio 863 and measures approximately 4,100 square metres. Council has recently let a tender for the construction of a purpose built building to replace buildings on the PICAL site. The other part of 56-58 Church Street is being constructed as part of the Cowes Transit Centre. This part of Certificate of Title Volume 9895 Folio 863 is not part of the land being considered for sale. The State Government has committed to the construction of a community hospital on Phillip Island. Extending the recently constructed Phillip Island Health Hub to create the community hospital is a logical plan to allow for operational efficiencies and promote community convenience. Both leased sites are required to enable the construction of a community hospital.
Bass Coast Shire Council Page 118 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council received correspondence from the Victorian Health and Human Services Building Authority (VHHSBA) dated 7 June 2019 (AT-1). This letter confirms that the VHHSBA is seeking to acquire the following properties to facilitate a new Phillip Island Community Hospital: 50-52 Church Street, Cowes – (currently leased to Bass Coast Health) 54 Church Street, Cowes - (currently leased to Bass Coast Health) 56-58 Church Street, Cowes
Strategic Basis Council Plan Objective: Advocacy - Representing the community Strategic Outcome: Improve state and federal government investment into roads, facilities and services in Bass Coast Increase educational opportunities across the municipality Improve health and educational infrastructure and services in Bass Coast Articulate the community priorities for improvement to the state road network Influence regional strategies on public transport to meet community needs Develop a submission to Federal and State governments that identifies why additional funding support should be provided to Bass Coast Shire Council
Strategic Indicators: Strategic Indicators Measures Community Satisfaction with Advocacy Meet top quartile of Large Rural Councils
Develop and Implement an Advocacy Strategy developed with annual actions Strategy identified and completed
State and Federal Government funding for Funding provided from State and Federal facilities and services Government Number of applications submitted for grants
Submission to Federal and State Submission prepared by September 2017 governments for additional funding support developed
Bass Coast Shire Council Page 119 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council Plan Objective: Governance – We are responsive, open, transparent and financially sustainable Strategic Outcome: Provide equitable distribution of resources across the Shire Be diligent in ensuring services meet community need and are cost effective Manage our financial resources and report on our performance Engage with the community on decisions that impact them Explore other alternatives for revenue opportunities
Strategic Indicator:
Strategic Indicators Measures Community Satisfaction with Council Achieve the top quartile of Large Rural Decisions Councils Transparency of Council decisions Achieve the top quartile of Large Rural Councils Community Satisfaction with Consultation Achieve the top quartile of Large Rural and Engagement Councils Community satisfaction with customer Achieve the top quartile of Large Rural contact Councils Local Government Performance Reporting Measures that are reported are within the Framework (LGPRF) – Financial top quartile for Large Rural Councils as Performance identified in the LGPRF Victorian Auditor General Office (VAGO) The Strategic Resource Plan and the Long Financial Sustainability indicators Term Financial Plan to meet or better VAGO low risk indicators Other financial and non-financial Adjusted underlying operation result aims performance indicators to achieve an operating surplus Implementation of monthly and year to date financial reporting, with plain English version for our Community Implementation of monthly and year to date non-financial performance reporting, with plain English version for our Community Increased efficiencies as a result of information technology improvements Communications and Engagement Strategy Complete Strategy implementation by 2015-18 actions implemented June 2018 Develop and Implement a Revenue Strategy Strategy developed and actions implemented
Bass Coast Shire Council Page 120 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council Plan Objective: Health and Wellbeing – We are a healthy and active community Strategic Outcome: Provide opportunities for involvement in healthy active lifestyles Improved accessibility for people with a disability Engage in health promotion activities that support the health and wellbeing of our community Advocate for health services in our community* Deliver and advocate for appropriate services for older people, families and children Plan and prepare for emergency responses in the region Support our communities to be connected and empowered Work with other agencies to implement Family Violence Prevention Plans and Strategies Strategic Indicator: Strategic Indicators Measures Participation in health promotion activities Health promotion activities from Health and Wellbeing Plan Actions undertaken annually Compliance with Municipal Emergency 100% compliance Management Plan 2014 Implement the Youth Action Plan 2016-20 Action Plan completed annually Implement annual Municipal Public Health Action Plan completed annually and Wellbeing Action Plan Implement the Disability Action Plan 2016- Action Plan completed annually 20 Implement Municipal Early Years Plan 2016- Action Plan completed annually 20
Major Initiative / Initiative The proposal to sell the land supports a community need and a commitment made by the State Government.
Statutory Requirements/Codes/Standards/Policies Section 191 Local Government Act 1989 Local Government Best Practice Guideline for the Sale, Exchange and Transfer of Land Planning and Environment Act 1987
Bass Coast Shire Council Page 121 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Subdivision Act 1988 Transfer of Land Act 1958 Sale of Land Act 1962
Discussion The consolidation and expansion of health services on Phillip Island is a highly desirable outcome that Council could facilitate through the sale of land. It is considered that the sale of 50-54 Church Street has no negative impact on the community as the property is under a lease to 2067. The sale of the PICAL site has some challenges given the commitments made to PICAL about the construction of a new community learning centre on the site. It will be important that another suitable site is identified in Cowes for PICAL. In addition to identification of a new site, there will also be a cost to Council to withdraw from the existing contract to construct a new facility for PICAL which the State Government has acknowledged. In order to facilitate the delivery of a Community Hospital on Phillip Island, the process required for sale of land is as follows; Council decision to proceed (recommended in this report) Preparation of a plan – see AT-2 Obtaining an independent valuation for the land and agreement to price Preparation of a Heads of Agreement Preparation of a Contract of Sale – subject to the approval of a plan of subdivision and consolidation Agreement to a Contract of Sale – including conditions as detailed below: For Council o Identification of an alternative site for PICAL o Providing a reasonable notice period for the relocation of PICAL o Satisfactory outcome negotiated for construction contract withdrawal For State o Funding is secured for a community hospital o Satisfactory soil assessment o Council to deliver a new title Conditions are met Settlement and transfer documents completed
Bass Coast Shire Council Page 122 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Finances At this stage we are currently getting independent land valuations. The following information is provided as estimates only: Revenue: Proceeds from the sale of Land – estimate $3M Expenditure: Fees – Valuation, Surveying, Legal, Contracts – estimate $115K
Stakeholders Department of Health and Human Services Bass Coast Health PICAL The community of Cowes and Phillip Island
Other Options A community hospital could be located elsewhere. Cowes, being the largest township is the optimal location on Phillip Island. There are some alternative sites in Cowes, if available. However, an expansion of the Phillip Island Health Hub would enable the efficient and more effective use of operational resourcing. The property could be leased rather than sold. Given that the community hospital will be a very long term use of the land and represents a significant State Government investment it is in the best interests of the parties to transfer title. This enables Council to invest the value of the land into other strategic objectives and gives the State Government ultimate security for its investment.
Conclusion A proposed sale of land to the State Government will facilitate the construction and operation of a community hospital in Cowes. The land identified for sale, meets the State’s needs for the construction of the community hospital, is comprised of leased land used for the Phillip Island Health Hub and the community learning centre operated by PICAL. In preparing the land for sale Council will undertake a subdivision and consolidation of land, identify an alternative site for PICAL and negotiate a withdrawal from a contract made for the construction of a new community facility on the subject land for PICAL.
Bass Coast Shire Council Page 123 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Recommendation That Council: 1. Resolve to sell the land at 50-56 Church Street, Cowes and shown on the plan attached to this report subject the following; agreement to price based on an independent valuation agreement to a Heads of Agreement to facilitate the process identification of an alternative site for a community learning centre to be operated by the Phillip Island Community and Learning Centre provision of a suitable notice period for the relocation of the Phillip Island Community and Learning Centre, approval of a plan of subdivision and consolidation to enable land to be transferred. 2. Authorises the Chief Executive Officer to negotiate and enter into agreements for the sale of the land that includes the conditions above. 3. Authorises the Chief Executive Officer to execute a Contract of Sale and any other documents required to effect a sale and transfer of the land.
Attachments AT-1 Letter from Director Asset Strategy to CEO Bass Coast Shire Council 2 Pages AT-2 Plan of Properties 1 Page
Council Decision Moved: Cr. Stephen Fullarton / Seconded: Cr. Pamela Rothfield That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 124 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Statutory Reports
Bass Coast Shire Council Page 125 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
I Statutory Reports
I.1 Assembly of Councillors
File No: CM19/133 Division: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
Declaration The reporting officer has no direct or indirect interest in this matter
Summary Section 80A of the Local Government Act 1989 (the Act) requires all assembly of Councillors records to be reported on at the next practicable ordinary meeting of Council and to be recorded in the minutes of that meeting. This report intends to fulfil the requirements of the legislation.
Introduction Section 3 of the Act defines an Assembly of Councillors as ‘a meeting of an advisory committee of the Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be- a. the subject of a decision of the Council; or b. subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee- but does not include a meeting of the Council, a special committee of the Council, an audit committee established under section139, a club, association, peak body, political party or other organisation.’ Section 80A requires a written record to be kept of all such assemblies, stating the names of all Councillors and Council staff attending, the matters considered and any conflict of interest disclosures made by a Councillor. These records must be reported, as soon as practicable, at an ordinary meeting of the Council and recorded in the minutes.
Council Plan Objective: Governance – We are responsive, open, transparent and financially sustainable Strategic Outcome: Provide equitable distribution of resources across the Shire Be diligent in ensuring services meet community need and are cost effective Manage our financial resources and report on our performance Engage with the community on decisions that impact them Bass Coast Shire Council Page 126 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Explore other alternatives for revenue opportunities Strategic Indicator: Strategic Indicators Measures Community Satisfaction with Council Achieve the top quartile of Large Rural Decisions Councils Transparency of Council decisions Achieve the top quartile of Large Rural Councils Community Satisfaction with Consultation Achieve the top quartile of Large Rural and Engagement Councils Community satisfaction with customer Achieve the top quartile of Large Rural contact Councils Local Government Performance Reporting Measures that are reported are within the Framework (LGPRF) – Financial top quartile for Large Rural Councils as Performance identified in the LGPRF Victorian Auditor General Office (VAGO) The Strategic Resource Plan and the Long Financial Sustainability indicators Term Financial Plan to meet or better VAGO low risk indicators Other financial and non-financial Adjusted underlying operation result aims performance indicators to achieve an operating surplus Implementation of monthly and year to date financial reporting, with plain English version for our Community Implementation of monthly and year to date non-financial performance reporting, with plain English version for our Community Increased efficiencies as a result of information technology improvements Communications and Engagement Strategy Complete Strategy implementation by 2015-18 actions implemented June 2018 Develop and Implement a Revenue Strategy Strategy developed and actions implemented
Bass Coast Shire Council Page 127 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Below is a summary of the Assembly of Councillors records completed since the last Ordinary meeting of Council.
Date Assembly of Councillors Councillors in attendance 3 April 2019 Policy Workshop Cr Brett Tessari, Mayor, Cr Bruce Kent, Cr Geoff Ellis, Cr Stephen Fullarton, Cr Les Larke, Cr Michael Whelan & Cr Julian Brown 10 April 2019 Policy Workshop Cr Brett Tessari, Mayor, Cr Bruce Kent, Cr Geoff Ellis, Cr Stephen Fullarton, Cr Pam Rothfield, Cr Michael Whelan & Cr Julian Brown 17 April 2019 Policy Workshop Cr Brett Tessari, Mayor, Cr Bruce Kent, Cr Geoff Ellis, Cr Stephen Fullarton, Cr Les Larke, Cr Michael Whelan & Cr Julian Brown 8 May 2019 Policy Workshop Cr Bruce Kent – Acting Mayor,, Cr Geoff Ellis, Cr Stephen Fullarton, Cr Les Larke, Cr Michael Whelan, Cr Pam Rothfield & Cr Julian Brown 8 May 2019 Community Connection Cr Bruce Kent – Acting Mayor, Cr Sessions Geoff Ellis, Cr Stephen Fullarton, Cr Les Larke, Cr Michael Whelan, Cr Pam Rothfield & Cr Julian Brown 13 May 2019 Bass Coast Event Advisory Cr Stephen Fullarton – Chair, Cr Committee Pam Rothfield, Cr Claire Le Serve 14 May 2019 Natural Environment Cr Michael Whelan - Chair Strategy Advisory Working Group 16 May 2019 Rural Engagement Group Cr Claire Le Serve - Chair
Recommendation That the Assembly of Councillors Records be received.
Attachments AT-1 Assembly of Councillor records for 19 June Council Meeting 10 Pages
Bass Coast Shire Council Page 128 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council Decision Moved: Cr. Clare Le Serve / Seconded: Cr. Michael Whelan That the amended Assembly of Councillors Records be received.
Date Assembly of Councillors Councillors in attendance 3 April 2019 Policy Workshop Cr Brett Tessari, Mayor, Cr Bruce Kent, Cr Geoff Ellis, Cr Stephen Fullarton, Cr Clare Le Serve, Cr Les Larke, Cr Michael Whelan & Cr Julian Brown 10 April 2019 Policy Workshop Cr Brett Tessari, Mayor, Cr Bruce Kent, Cr Geoff Ellis, Cr Stephen Fullarton, Cr Clare Le Serve, Cr Pam Rothfield, Cr Michael Whelan & Cr Julian Brown 17 April 2019 Policy Workshop Cr Brett Tessari, Mayor, Cr Bruce Kent, Cr Geoff Ellis, Cr Stephen Fullarton, Cr Clare Le Serve, Cr Les Larke, Cr Michael Whelan & Cr Julian Brown 8 May 2019 Policy Workshop Cr Bruce Kent – Acting Mayor,, Cr Geoff Ellis, Cr Stephen Fullarton, Cr Clare Le Serve, Cr Les Larke, Cr Michael Whelan, Cr Pam Rothfield & Cr Julian Brown 8 May 2019 Community Connection Cr Bruce Kent – Acting Mayor, Cr Sessions Geoff Ellis, Cr Stephen Fullarton, Cr Clare Le Serve, Cr Les Larke, Cr Michael Whelan, Cr Pam Rothfield & Cr Julian Brown 13 May 2019 Bass Coast Event Advisory Cr Stephen Fullarton – Chair, Cr Committee Pam Rothfield, Cr Clare Le Serve 14 May 2019 Natural Environment Cr Michael Whelan - Chair Strategy Advisory Working Group 16 May 2019 Rural Engagement Group Cr Clare Le Serve - Chair
CARRIED
Bass Coast Shire Council Page 129 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council Decision Moved: Cr. Michael Whelan / Seconded: Cr. Geoff Ellis That agenda items I.2, 1.3, 1.4 and 1.5 be considered as a block. CARRIED
Bass Coast Shire Council Page 130 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
I.2 Planning and Building Statistics - April 2019
File No: CM19/340 Division: Advocacy, Economy & Liveability Council Plan Strategic Objective: Our Character Celebrating the uniqueness of our townships
PERMITS REFUSED: 180027: Development of a second dwelling in a General Residential Zone Schedule 1 located at 15 Pinedale Avenue, Cape Woolamai. 190001: To erect and display an electronic promotion sign located at 1528-1536 Bass Highway, Grantville. PERMITS ISSUED Island Ward 180213: Subdivision of land into two lots and the construction of a second dwelling, within general residential zone located at 1 Rita Avenue, Cowes. 180374: Subdivision of the land into two lots in GRZ1 and DDO1 located at 1-3 Pear Tree Lane, Rhyll. 190041: Subdivision of the land into 2 lots under the GRZ1 located at 1-5 Rogerson Road, Sunset Strip. Western Port Ward 180307: Use of the land for a Food and Drink Premises and to display business identification signage (internally illuminated signage) located at 1 Forrest Avenue, Newhaven. 180342: Subdivision of the land into 3 lots located at 35 Reid Lane, Bass. 180369: Display of a business identification sign in Category 4 – Sensitive Area located at 27 Uren Road, Kernot. 180438: Development of the land for a dwelling in the DDO1 located at 37 Grofam Court, Cape Woolamai. 180443: Development of an outbuilding (agricultural shed) in the SLO1, EMO1 and FZ located at 968 Loch-Wonthaggi Road, Krowera. 180470: Extension to existing dwelling in the SLO1 located at 175 Watsons Road, Glen Forbes. 190032: Development of a dwelling and ancillary outbuilding in the Heritage Overlay located at 36 Wetherall Drive, Corinella. 190056: Addition to an existing dwelling in the FZ, EMO1 and SLO1 located at 70 Craig Road, Ryanston. 190058: Alterations and additions to a dwelling in the FZ and SLO1 located at 350 Stewart Road, Kernot.
Bass Coast Shire Council Page 131 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
190059: Use and development of the land for a dwelling in the Farming Zone located at 8 Llewellyn Close, Corinella. 190086: Use and development of a dwelling in the FZ located at 61 McKenzies Road, Loch. 190087: Use and development of the land for a dwelling in the FZ located at 45 McKenzies Road, Loch. 190103: Use and development of the land for a dwelling in the Farming Zone located at 9 Llewellyn Close, Corinella. 190113: Development of the land for a garage in association with an existing dwelling in the FZ and SLO1 located at 190 Almurta-Glen Forbes Road, Almurta. Bunurong Ward 170379: Re-subdivision of land and creation of carriageway easement and road reserve located at 342-348 White Road, North Wonthaggi. 180114: Buildings and works (dwelling) in Bushfire Management Overlay located at 6B Simmons Court, Wonthaggi. 180332: Use of the land for a retail premises (boat sales) and construction of a replacement building located at 29-31 Bear Street, Inverloch. 180334: Construction of a new dwelling over 7m and increase footprint above 30% and remove vegetation located at 48 Surf Parade, Inverloch. 180382: Development of the land for three dwellings in GRZ1 located at 65 Reed Crescent, Wonthaggi. 180458: Development of the land for two dwellings in the GRZ1 and DDO1 located at 41 Bayview Avenue, Inverloch. 190011: Development of the land for a dwelling in the ESO4 and later access to a RDZ1 located at 302 White Road, North Wonthaggi. 190039: Removal of vegetation under the VPO3 Clause 52.17 Native Vegetation located at 22 Kanowna Place, Inverloch. 190063: Removal of native vegetation located at 235 Graham Street, Wonthaggi. 190094: Removal of vegetation in the VPO3 located at 2/15 Beacon Court, Inverloch.
PLANNING AND BUILDING ACTIVITY REPORT FOR APRIL 2019
Year to date This month (financial Statutory Planning - test (April) Last month year) % of applications determined within statutory timeframe 67 74 76 Average Gross Days (Responsible Authority determination) 245 103 114 (new) Average Gross Days to final outcome 241 109 123
Bass Coast Shire Council Page 132 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Number of live applications 184 200 - Number of applications received for the month 34 43 446 Number of Responsible Authority outcomes 50 46 468 Year to Municipal Building Services & This month Last date Enforcement (April) month (financial year) Essential Safety Measure inspections (Commercial building owners must maintain and ensure all safety systems within their building are operational. This may include: Fire services, Exits, Emergency lighting, alarms etc.) 0 0 2 Swimming Pool & Spa safety barrier inspections (All swimming pool and spa owners are required to maintain a safety fence or barrier. Council is required to implement an audit program to ensure compliance is being achieved.) 2 4 22 Report and Consent applications determined (Building proposals cannot always comply or fit into a required building envelope. Where this situation arises, Council may provide consent with respect to the non-compliance issue.) 20 14 207 Siting consents issued for temporary structures (Consent of the Municipal Building Surveyor must be obtained in order to erect marquees, grandstand or stages in association with any place of public entertainment or event.) 5 2 17 Complaints received requiring investigation 7 9 75 New building enforcement cases 1 0 13 Number of open building enforcement cases 57 56 n/a Building permits issued by Council 0 2 7
Bass Coast Shire Council Page 133 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Year to This month Last date Planning Enforcement (April) month (financial year) Number of new planning enforcement cases 7 4 27 Number of closed enforcement cases 13 4 - Number of live enforcement files 149 155 - Pre commencement meetings 1 3 21 Official warnings issued 2 2 - Number of planning infringement notices 5 5 14 issued Total infringements received ($) $1611.90 $1611.90 $2417.85 Number of CRS's closed 22 28 - Number of open complaints 39 45 - Number of closed complaints 8 3 -
Recommendation That Council: 1. Receives and notes the Planning Permits issued under delegation report for April 2019; and 2. Receives and notes the Planning and Building Activity Report for April 2019.
Attachments There are no attachments for this report.
Bass Coast Shire Council Page 134 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
I.3 Contracts Awarded Register
File No: CM19/384 Division: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
DECLARATION
The author has no direct or indirect interests in relation to this report.
Summary
Contracts Awarded For the period from 1 March 2019 to 31 March 2019, no contracts were awarded by the Chief Executive Officer. Contracts Extended For the period from 1 March 2019 to 31 March 2019, no contracts were extended under the Procurement Delegation Framework.
Recommendation That Council receives the report.
Attachments There are no attachments for this report
Bass Coast Shire Council Page 135 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
I.4 Receipt of Bass Coast Shire Council Audit Committee Minutes - 25 March 2019
File No: CM19/386 Division: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
Declaration The author has no direct or indirect interests in relation to this Report.
Summary Attached are the minutes of the Bass Coast Shire Council Audit Committee Meeting held on Wednesday 25 March 2019. Items discussed at this Meeting were:
Confirmation of Audit Committee Meeting Minutes from 28 November 2018
Internal Audits Status report on action items identified through the audit program Draft Committees of Management Audit Scope Draft Records Management Audit Scope Review of Customer Service and Complaints Handling Draft Payroll Audit Scope Draft Corporate Governance Audit Scope Review of Contract Management
External Audits Draft Audit Strategy Memorandum 2018/19
Financial Reports 2018/2019 Major Initiatives, Finance and Capital Works Second Quarter Report Finance Department Structure and Objectives
Bass Coast Shire Council Page 136 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Risk Management Review any instances of fraud or possible illegal acts Review any reports concerning evidence of material violation or breaches of fiduciary duty Risk Management Report Monitor Fraud Awareness Evidence Based Controls Effectiveness Testing Climate Change Adaptation Governance Assessment Report Local Government Integrity Frameworks Review 2018
Compliance Research reports from other agencies Monitor open communication between the internal auditor, external auditor and Council Non-compliance and legal counsel engagement report for the period 1 October 2018 to 31 December 2018 Legislative Compliance Registers
Reporting Responsibilities Update on the Service Review Program
Assessment of Financial Information Local Authorities Superannuation Fund (Defined Benefit Plan) - Vested Benefit Index (VBI) Update
Governance Matters Actions arising from previous meeting Audit Committee annual performance assessments Project Phoenix - IT Core System Quarterly Report
Bass Coast Shire Council Page 137 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Recommendation That the minutes of the Bass Coast Shire Council Audit Committee meeting held on 25 March 2019 be received and the recommendations therein adopted.
Attachments AT-1 CONFIDENTIAL - Audit Committee Minutes 25 March 2019 39 Pages
Bass Coast Shire Council Page 138 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
I.5 Complaints Handling Register Report
File No: CM19/421 Department: Corporate & Community Council Plan Strategic Objective: Governance We are responsive, open, transparent and financially sustainable
Declaration The author has no direct or indirect interests in relation to this report.
Summary At the Ordinary Meeting of Council on 18 February 2015 the Complaints Handling Policy was adopted. The Policy aims to: provide a standardised approach to managing customer complaints; provide a framework for the management of complaints and feedback with a view to continually improving services, systems and capabilities; increase the level of customer satisfaction by resolving issues in an effective, fair, respectful and professional manner; ensure all statutory requirements are satisfied, and escalation options for customers are communicated clearly. Council has committed to reporting on the Complaints Handling Register. This report provides a summary of the complaints received and their status.
Background Bass Coast Shire Council (Council) is committed to providing friendly, prompt, helpful and professional customer service every time we interact with our customers. The policy separates the complaints into seven categories which include: General Complaint Statutory Complaint Competitive Neutrality Complaint Third Party Complaint Anonymous Complaint Complaints against Councillors Sensitive Complaints Council’s Complaint Handling Policy process is a three-level system that provides for the escalation of complaints from first contact, through to external review. The process is designed to handle complaints effectively and efficiently, utilising the most appropriate resources.
Bass Coast Shire Council Page 139 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
The three levels include: Level 1 – Frontline Officers Most complaints can be resolved immediately and Officers are encouraged to resolve complaints at first contact, wherever possible and such complaints do not need to be logged in the Complaints Register. If a complaint relates to a serious matter, or requires further investigation, it must be escalated to Level 2. Level 2 – Investigation Complaints not resolved at Level 1 will be escalated to Level 2 for managerial and/or internal review. Complaints classified as Level 2 will be recorded in the Complaints Register. Level 3 – Dispute Complainants who feel that a matter remains unresolved after Levels 1 and 2 may be advised by Council to refer the complaint externally. Whilst Council cannot recommend or advise a course of external review, Officers should be aware that such a review may take the form of: alternative dispute resolution procedures such as mediation or conciliation; referring a complaint to an external agency such as the Victorian Ombudsman; formal proceedings in a Court or Tribunal. The Complaints Handling Register will only report on complaints that are escalated to Levels 2 or 3.
Strategic Basis Council Plan Objective: Governance – We are responsive, open, transparent and financially sustainable Strategic Outcome: Provide equitable distribution of resources across the Shire Be diligent in ensuring services meet community need and are cost effective Manage our financial resources and report on our performance Engage with the community on decisions that impact them Explore other alternatives for revenue opportunities Strategic Indicator:
Strategic Indicators Measures
Community Satisfaction with Council Achieve the top quartile of Large Rural Decisions Councils Transparency of Council decisions Achieve the top quartile of Large Rural Councils Community Satisfaction with Achieve the top quartile of Large Rural Consultation and Engagement Councils
Bass Coast Shire Council Page 140 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Community satisfaction with customer Achieve the top quartile of Large Rural contact Councils Local Government Performance Measures that are reported are within Reporting Framework (LGPRF) – the top quartile for Large Rural Financial Performance Councils as identified in the LGPRF Victorian Auditor General Office The Strategic Resource Plan and the (VAGO) Financial Sustainability Long Term Financial Plan to meet or indicators better VAGO low risk indicators Other financial and non-financial Adjusted underlying operation result performance indicators aims to achieve an operating surplus Implementation of monthly and year to date financial reporting, with plain English version for our Community Implementation of monthly and year to date non-financial performance reporting, with plain English version for our Community Increased efficiencies as a result of information technology improvements Communications and Engagement Complete Strategy implementation by Strategy 2015-18 actions implemented June 2018 Develop and Implement a Revenue Strategy developed and actions Strategy implemented
Finances All complaints have been dealt with within Council’s allocated resources and adopted budget.
Stakeholders The Council, Council Staff and all members of the community are stakeholders of the Complaints Handling Policy.
Statutory Requirements/Codes/Standards/Policies Council adopted a Complaints Handling Policy in February 2015. This Policy applies to all Councillors, Council Officers and Contractors carrying out work on behalf of Council. Council’s Complaint Policy and associated documents are modelled on the Victorian Ombudsman’s guide to Complaint handling for Victorian Public Sector Agencies (November 2007)
Other Options It is a requirement of the Complaints Handling Policy to report on the Complaints Handling Register. Non-reporting would be a non-compliance with Council’s Policy.
Bass Coast Shire Council Page 141 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Officer’s Conclusion and Recommendation Council has received four formal complaints for the period 1 December 2018 to 31 May 2019. All of the complaints received were classified as a Level 2 Complaint, which required investigation. All complaints were actioned appropriately and within the 28 day timeframe required.
Recommendation That Council receives the report on the number of complaints recorded on the Complaints Handling Register between 1 December 2018 and 31 May 2019.
Attachments There are no attachments for this report
Bass Coast Shire Council Page 142 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Council Decision Moved: Cr. Pamela Rothfield / Seconded: Cr. Michael Whelan That the recommendations attached to agenda items 1.2, 1.3, 1.4 and 1.5 be adopted. CARRIED
Bass Coast Shire Council Page 143 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
J Urgent Business
There was no Urgent Business.
Bass Coast Shire Council Page 144 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Mayoral Announcement Of Next Meeting Of Council
The next Community Connection Session will be held on 10 July 2019 in the Rhyll Mechanics Hall, 54 Lock Road, Rhyll commencing at 3.00pm.
The next Ordinary Council Meeting will be held on 17 July 2019 in the Heritage Centre, 89 Thompson Avenue, Cowes commencing at 5.00pm.
Council Decision Moved: Cr. Pamela Rothfield / Seconded: Cr. Michael Whelan That the meeting be closed to members of the public pursuant to Section 89 (a) and (h) of the Local Government Act 1989, to consider these item as they deal with personnel and contractual matters. (a) Personnel Matters (h) Any other matter which the Council or special committee considers would prejudice the Council or any other person:
CARRIED
Meeting adjourned The meeting was adjourned at 7.36pm
Meeting resumed The meeting resumed at 7.39pm
Bass Coast Shire Council Page 145 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
Items Closed to the Public
Excerpt of Section 89 of Local Government Act 1989. (2) A Council or special committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following: (a) Personnel matters; (b) The personal hardship of any resident or ratepayer; (c) Industrial matters; (d) Contractual matters; (e) Proposed developments; (f) Legal advice; (g) Matters affecting the security of Council property; (h) Any other matter which the Council or special committee considers would prejudice the Council or any person; (i) A resolution to close the meeting to members of the public. (3) If a Council or special committee resolves to close a meeting to members of the public the reason must be recorded in the minutes of the meeting.
Bass Coast Shire Council Page 146 Minutes of Ordinary Meeting - 19 June 2019 Bass Coast Shire Council
K Confirmation of Closed Minutes
K.1 Minutes of Closed Ordinary Meeting held on 15 May 2019
L Reports Requiring Council Decision Closed to the Public
L.1 Drainage Risk Matter
It is recommended that the meeting be closed to members of the public pursuant to Section 89 (h) of the Local Government Act 1989, to consider this item as it deals with any other matter which the Council or special committee considers would prejudice the Council or any person.
L.2 Chief Executive Employment Matters Committee Meeting 26 March 2019
It is recommended that the meeting be closed to members of the public pursuant to Section 89 (a) of the Local Government Act 1989, to consider this item as it deals with personnel matters.
Council Decision Moved: Cr. Michael Whelan / Seconded: Cr. Pamela Rothfield That the meeting be reopened to the public. CARRIED
Meeting closed The meeting closed at 7.44pm.
Bass Coast Shire Council Page 147