Agenda Ordinary Meeting of Council Council Office Tuesday 2 April 2019

This information is available in alternative formats on request

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 1 TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

AGENDA FOR THE ORDINARY MEETING OF COUNCIL TO BE HELD AT TOWONG SHIRE COUNCIL, TALLANGATTA OFFICE ON TUESDAY 2 APRIL 2019 COMMENCING AT 10.30AM. TABLE OF CONTENTS

1 Opening Prayer ...... 3 2 Councillor and Officer presence at the meeting ...... 3 3 Apologies and granting of leave of absence ...... 3 4 Declaration of pecuniary interest and/or conflict ...... 3 5 Confirmation of minutes ...... 3 6 Petitions, joint letters and declarations ...... 3 7 Assembly of Councillors ...... 4 8 Open Forum ...... 4 9 Organisational improvement ...... 5 9.1 Finance Report as at 28 February 2019 (06/02/0021-DCCS) ...... 5 9.2 Corporate Services Report (06/01/0011-DCCS) ...... 21 9.3 Occupational Health and Safety Report (06/04/0212-DCCS) ...... 24 9.4 Review of Swimming Pool operations (07/05/0036-DCCS) ...... 28 9.5 Colac Colac Caravan Park (08/01/0467-DCCS) ...... 31 9.6 Action Sheet Reports (06/05/0010-EA) ...... 37 9.7 Council Plan Priorities (07/05/0022-DCCS) ...... 37 9.8 Performance Reporting Graphs (DCCS) ...... 37 10 Community wellbeing ...... 37 10.1 Community Wellbeing (04/07/0055-DCCS) ...... 37 11 Asset management ...... 38 11.1 Asset management report (01/07/0004-DTS) ...... 38 12 Land-use planning ...... 42 13 Environmental sustainability ...... 42 13.1 Environmental sustainability report (01/07/0004-DTS) ...... 42 14 Economic and tourism development...... 42 14.1 Economic Development Report (05/01/0001-CEO) ...... 42 15 Councillor reports ...... 42 16 Urgent business ...... 42 17 Committee minutes ...... 43 17.1 Municipal Emergency Management Planning Committee (Cr Wortmann) ...... 43 17.2 Goulburn Broken Greenhouse Alliance (GBGA) (Cr Scales) ...... 43 18 Occupational health and safety ...... 43 18.1 OHS Committee (06/04/0212-DCCS) ...... 43 19 Council policies (10/01/0007-CEO) ...... 44 20 Sealing of documents ...... 45 21 Confidential ...... 46

2 S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

1 Opening Prayer

“Almighty God, we ask that you be present at this meeting to assist us in our service to the Community through Local Government.

We pray that our decisions will be wise and taken with goodwill and clear conscience.

Amen.”

2 Councillor and Officer presence at the meeting

3 Apologies and granting of leave of absence

4 Declaration of pecuniary interest and/or conflict

For the purpose of this section, Councillors must disclose the nature of the conflict of interest in accordance with s79(2) of the Local Government Act.

5 Confirmation of minutes

Ordinary Meeting of 5 March 2019

RECOMMENDATION:

THAT THE MINUTES OF THE ORDINARY MEETING HELD ON 5 MARCH 2019 AS CIRCULATED BE CONFIRMED.

6 Petitions, joint letters and declarations

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 3

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

7 Assembly of Councillors

A written record of the Assemblies of Councillors from 27 February 2019 to 26 March 2019 is included at Appendix 1.

RECOMMENDATION:

THAT THE INFORMATION BE NOTED.

8 Open Forum

4 S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

9 Organisational improvement 9.1 Finance Report as at 28 February 2019 (06/02/0021-DCCS)

Disclosure of Interests (S.80C):

This report was prepared by Mr Blair Phillips, Manager Finance.

At the time of preparation of the report the officer did not have a direct or indirect interest in any matter to which the report or advice relates.

OPERATING RESULT

Note Feb-19 Feb-19 YTD YTD YTD YTD 2018/19 2018/19 Full Year Full Year (Actual) (Budget) (Actual) (Budget) (Variance) (Variance) (Budget) (Achieved) $’000 $’000 $’000 $’000 $’000 % $'000 % Income 1 1,177 773 15,027 13,224 1,803 14% 17,106 88% Expenditure 2 898 757 6,697 7,005 308 4% 15,145 44% Surplus/ (Deficit) 279 16 8,330 6,219 2,111 34% 1,961 425% Table 1: Operating Result

Note 1: Council’s YTD income at 28 February 2019 is $15.027 million against a budget of $13.224 million. The major items contributing to the $1.803 million favourable variance includes:  Revenue received that was not budgeted in 2018/19: o $694,000 000 in grant funding for reimbursement of expenditure incurred in 2017/18 to undertake flood damage repairs o $169,400 in grant funding from the Community Child Care Fund Special Circumstances Opportunity for the Bellbridge Early Years Centre o $70,000 in grant funding for Community Systems Mapping for Violence Free Living o $60,000 in grant funding for the Banking On Our Solar Future project o $53,000 for redemption of a bank guarantee relating to the construction of the Tallangatta Library, Early Years and Community Centre o $45,000 in grant funding for the Think-Start-Grow entrepreneurship project o $42,000 for kerbside collection charges due to finalising the kerbside bin audit S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 5

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

 Revenue received earlier than anticipated: o $265,904 in grant funding for Destination Tallangatta o $38,000 for Fire Service Property Levy administration  Revenue received over budgeted levels: o $51,000 in grant funding for maternal and child health services o $50,000 in grant funding for kindergartens o $36,000 for Planning Permit applications  Revenue budgeted that has not yet been received: o $132,000 in grant funding for the Airport upgrade (pending finalisation of leasing matters and the final acquittal which is due in May 2019)

Mth YTD Income $ 12,000 18,000,000 16,000,000 10,000 14,000,000 8,000 12,000,000

$'000 10,000,000 6,000 8,000,000 4,000 6,000,000 4,000,000 2,000 2,000,000 - - Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19

Mth Income - Budget Mth Income - Actual YTD Income - Budget YTD Income - Actual

Note 2: Council’s YTD expenditure at 28 February 2019 is $6.697 million against a budget of $7.005 million. The major items contributing to the $308,000 favourable variance are:  Expenses that will be incurred later than anticipated: o $180,000 for roads and bridge maintenance o $142,000 for employee costs o $131,000 for tree maintenance  Expenses incurred earlier than anticipated: o $91,000 for the Upper Murray Events Centre  Expenses that were not budgeted in 2018/19: o $78,000 for the Think-Start-Grow entrepreneurship project

Council is currently operating with 73.2 Full Time Equivalent (FTE) staff YTD (to 28 February 2019) against an annual budget of 77.5 FTE.

Council has a reduced FTE due to a number of vacant positions. The vacant positions at the end of February include:

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 6

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

 Trainee Parks and Gardens Operator (Full Time)  Plant operator/Labourer (Full Time)  Maternal and Child Health Nurse (Part Time)

YTD Mth Expenditure $ 7,000 15,000,000 6,000 12,000,000 5,000

4,000 9,000,000 $'000 3,000 6,000,000 2,000 3,000,000 1,000 - - Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19

Mth Expenditure - Budget Mth Expenditure - Actual YTD Expenditure - Budget YTD Expenditure - Actual

Operating Surplus 10,000 8,000 6,000

$'000 4,000 2,000 - (2,000) Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19 (4,000) (6,000) (8,000)

Mth Surplus - Budget Mth Surplus - Actual YTD Surplus - Budget YTD Surplus - Actual

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 7

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Grant Income

Note Feb-19 YTD YTD YTD YTD 2018/19 2018/19 Full Year Full Year (Actual) (Actual) (Budget) (Variance) (Variance) (Budget) (Achieved) $’000 $’000 $’000 $’000 % $’000 % Recurrent 1 657 2,377 2,274 103 5% 5,128 46% Non-Recurrent 2 291 2,440 1,043 1,397 134% 1,129 216% Total 948 4,817 3,317 1,500 45% 6,257 77% Table 2: Grant Income

Note 1: Council’s recurrent grant income YTD 28 February 2019 is $2.377 million against a budget of $2.274 million. The major items contributing to the $103,000 favourable variance are $51,000 that has been received for Maternal and Child Health services (additional enhanced funding and remote employment allowance) and $55,000 above budgeted levels for kindergarten services.

Note 2: Council’s non-recurrent grant income YTD 28 February 2019 is $2.440 million against a budget of $1.043 million. The major items contributing to the $1.397 million favourable variance includes:  Grant income received that was not budgeted in 2018/19: o $694,000 in grant funding for reimbursement of expenditure incurred in 2017/18 to undertake flood damage repairs o $169,400 in grant funding from the Community Child Care Fund Special Circumstances Opportunity for the Bellbridge Early Years Centre o $70,000 for the Community Systems Mapping for Violence Free Living project o $60,000 for the Banking On Our Solar Future project o $60,000 for E-Waste infrastructure upgrades o $45,000 for the Think-Start-Grow entrepreneurship project  Grant income received earlier than anticipated: o $265,904 for the next milestone of Destination Tallangatta  Grant income budgeted that has not yet been received: o $132,000 in grant funding for the Corryong Airport upgrade

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 8

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Grants received Year-to-Date (YTD) are listed in the following table: $’000 Recurrent Grants Financial Assistance Grants 1,854 Maternal and Child Health 161 Library 108 Corryong Pre-School 87 Tallangatta Pre-School 73 Municipal Emergency Resourcing Program 60 Pre-School Cluster 14 School Crossing Supervisor 12 Health Admin (Vulnerable persons) 7 Premier's Reading Challenge 6 Occasional Child Care (5) Total Recurrent Grants 2,377 Non-Recurrent Grants Flood Recovery 694 Destination Tallangatta 532 Great River Road (Commonwealth) 347 Community Child Care Fund (Special circumstances - Bellbridge) 169 Great River Road (State) 130 Community Systems Mapping for Violence Free Living 70 TICC Banking On Our Solar Future 60 Neighbourhood House - Tallangatta 59 Think-Start-Grow 45 L2P Program 38 Supported Parent and Playgroup 38 Building economic development capacity in Hume local government 32 E-Waste Infrastructure upgrade - Corryong 30 E-Waste Infrastructure upgrade - Tallangatta 30 Community Access and Inclusion 30 Centralised Annual Revaluations - additional workload funding 28 Kinder Enrolment 24 Promoting a Vibrant Tallangatta 23 Stronger Communities Program - Talgarno Playground upgrade 18 FReeZA 12 Council Building Energy Audits 10 Recycling Services Temporary Relief Funding 7 Waste Not, Want Not 5 Corryong Swimming Pool Upgrade 5 Community Health and Wellbeing 2 Youth Week 2 Total Non-Recurrent Grants 2,440 Total Grants Received 4,817 Table 3: Grant Income received

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 9

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Note: Grant funding received for the provision of Occasional Child Care services in 2016/17 and 2017/18 was returned to the funding agency in October 2018.

Unexpended Grants and Restricted Funds Where Council has received grants that are required to be expended in a specified manner, but the funds have not yet been expended, the grant is recognised as an unexpended grant or restricted funds. This identifies cash holdings that are required to be spent on a specified purpose and are not available for other Council priorities.

The following table provides a listing of current unexpended grants:

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 10

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

$'000 Unexpended Grants Community Access and Inclusion 150 Improved Connections Hanson Street project 141 Boat Ramp 89 Roads to Recovery (R2R) 80 Strategic Planning - Tallangatta 70 Community Systems Mapping for Violence Free Living 70 Neighbourhood House - Tallangatta 58 Supported Parent and Playgroup 57 Flood Recovery Officer 41 Streetscape 40 L2P Program 38 Kinder Enrolment 36 Municipal Emergency Resourcing Program 34 FReeZA 32 Building economic development capacity in Hume local government 32 Local Government Business Collaboration 32 E-Waste Infrastructure upgrade - Corryong 30 E-Waste Infrastructure upgrade - Tallangatta 30 Country Roads and Bridges 28 TICC Banking On Our Solar Future 18 Stronger Communities Program - Talgarno Playground upgrade 18 Bushfire Management Overlay 13 Children Services Review 10 Improving Liveability of Older People 10 Council Building Energy Audits 7 Premier's Reading Challenge 6 Beat the Heat - Tree Project 4 Maternal and Child Health Enhancement 4 Drug Prevention Services - Ice 3 Total Unexpended Grants 1,181 Table 4: Unexpended Grants

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 11

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

CASH POSITION

Cash on Hand

The cash position moved during the month as detailed below Current Month Prior Month Variance Feb-19 Jan-19 $ $ $ % Committed funds

Unexpended Grants 1,181,268 1,080,046 101,222 9.4% Other Provisions and Reserves 985,366 985,366 - 0.0%

Provision for Employee Entitlements 1,322,663 1,322,663 - 0.0%

Other Committed Funds 13,715,202 13,816,424 (101,222) (0.7%)

Total committed funds 17,204,499 17,204,499 - 0.0%

Other funds 3,077,884 2,102,583 975,301 46.4%

Total funds 20,282,383 19,307,082 975,301 5.1%

Cash holdings

Section 86 Committee Funds 196,680 196,680 - 0.0%

Investments/term deposits 19,694,260 18,996,137 698,122 3.7%

Cash At Bank and On Hand 391,444 114,265 277,179 242.6% Total Cash holdings 20,282,383 19,307,082 975,301 5.1%

Average Interest Rate 2.53% 2.57%

$25,000,000

$20,000,000

$15,000,000

$10,000,000

$5,000,000

$0

Restricted Funds Unrestricted Funds Prior Year - 2018 Cash Budget 2018/19

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 12

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Investments

Investments were made up of the following at the month end:

Date Product Institution Principal Yield Term Rating Maturity 09/02/2018 Term Deposit WAW 887,729 2.60% 368 Days 11/03/2019 09/07/2018 Term Deposit Bendigo & Adelaide Bank 1,000,000 2.75% 274 Days A2 09/04/2019 10/10/2018 Term Deposit Westpac 1,000,000 2.61% 182 Days A1+ 10/04/2019 10/10/2018 Term Deposit Bendigo & Adelaide Bank 1,000,000 2.60% 182 Days A2 10/04/2019 15/10/2018 Term Deposit Bendigo & Adelaide Bank 1,000,000 2.60% 182Days A2 15/04/2019 17/10/2018 Term Deposit National Australia Bank 1,000,000 2.65% 182 Days A1+ 17/04/2019 20/08/2018 Term Deposit Bank of Queensland 1,000,000 2.75% 273 Days A2 20/05/2019 12/12/2018 Term Deposit AMP 1,000,000 2.75% 182 Days A1 12/06/2019 14/12/2018 Term Deposit National Australia Bank 1,000,000 2.72% 182 Days A1+ 14/06/2019 08/01/2019 Term Deposit AMP 1,000,000 2.75% 182 Days A1 09/07/2019 10/01/2019 Term Deposit ME Bank 1,000,000 2.80% 180 Days A2 09/07/2019 23/01/2019 Term Deposit AMP 1,000,000 2.75% 183 Days A1 25/07/2019 08/02/2019 Term Deposit Bank of Queensland 1,000,000 2.75% 180 Days A2 07/08/2019 18/02/2019 Term Deposit ME Bank 1,000,000 2.73% 182 Days A2 19/08/2019 20/02/2019 Term Deposit Bank of Queensland 1,000,000 2.70% 181 Days A2 20/08/2019 15/10/2018 Term Deposit Westpac 1,000,000 2.60% 245 Days A1+ 17/09/2019 20/02/2019 Term Deposit AMP 1,000,000 2.80% 273 Days A1 20/11/2019 N/A Cash Management Westpac 2,806,530 1.55% On Call A1 N/A N/A S86 Committee Various 196,680 1.60% N/A N/A Total Investments 19,890,939 Table 5: Investments at month end

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 13

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

RECEIVABLES

Rates, Municipal Charge, Waste Management Charge and Waste Collection Charge

The breakdown of rates received for the current month and year-to-date as well as the rates debtors balance outstanding and a comparison to last financial year is shown below:

Rates, charges and FSPL Debtors Amount Received % Collected Received Collected Balance Feb-19 Feb-19 YTD YTD Outstanding $ $ % $ $ $ Levied 2018/19 9,607,112 1,311,248 13.6% 6,710,890 69.9% 2,896,222 Arrears prior to 2018/19 691,508 11,274 1.6% 278,777 40.3% 412,731 Total Charges 1,322,522 6,989,667 3,308,953

$12,000,000

$10,000,000

$8,000,000

$6,000,000

$4,000,000

$2,000,000

$0

Debtor Balance (Current) Debtor Balance (Arrears) 2017/18 Notes 1) Rates and charges for 2018/19 were levied in August 2018. Quarterly instalments are due at the end of September, November, February and May.

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 14

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Debt Collection

The graph below compares the arrears balances as at the end of each month for the current financial year (2018/19) and the arrears balances at the equivalent time in the previous financial year (2017/18).

Please note the graph below does not include any unpaid instalments from 2018/19, e.g. if a ratepayer has not paid Instalment 1 in 2018/19, it is not reflected in the below figures.

Arrears $ Rates Debtors - Prior years arrears $800,000

$700,000

$600,000

$500,000

$400,000

$300,000

$200,000

$100,000

$- Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Prior years arrears 2018/19 Prior years arrears 2017/18

The following graph displays the number of debtors with an arrears balance greater than $200 for the current year compared to the previous financial year.

Number of debtors with prior years arrears 350

300

250

200

150

100

50

0 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Number of Debtors with prior years arrears Number of Debtors with prior years arrears balance greater than $200 - 2018/19 balance greater than $200 - 2017/18

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 15

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

At 28 February 2019 there were 149 rates debtors with an outstanding balance of greater than $200. This is a decrease of 11 debtors since 31 January 2019.

Sundry Debtors

The Sundry Debtors outstanding at month end and the movement from the prior month is shown below:

Sundry Debtors Future Due Date Current 30 Days 60 Days 90+ Days Total $ $ $ $ $ $ February 2019 130,288 19,727 30,192 46,258 20,829 247,293 January 2019 132,858 620,175 81,486 20,343 9,379 864,241 Movement (2,571) (600,448) (51,294) 25,915 11,450 (616,947)

$1,000,000$400,000

$350,000$900,000

$300,000$800,000 $700,000 $250,000 $600,000 $200,000 $500,000 $400,000$150,000 $300,000$100,000

$200,000$50,000

$100,000$0 $0

Future Due Date 30+ Days 60+ Days 90+ Days Future Due Date Current 30+ Days 60+ Days 90+ Days

Significant debtors (>$1,000) with ageing of greater than 90 days are as follows:

Debtor Amount Description RO Notes Kerbside A reminder notice has been issued Debtor $12,296 collection BP to the debtor. 15580 services In accordance with the resolution Debtor Community from the Council meeting of 5 $3,250 BP 18925 contribution March 2019, the debt has been written off.

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 16

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Debtor Amount Description RO Notes A payment arrangement has been Debtor entered into and the debtor is $1,470 Private works JH 21579 meeting these conditions.

Table 6: Significant debtors > 90 days

LOCAL ROADS

Local Roads and Bridges Capital Works

The table below reports capital expenditure incurred on local roads and bridges for the current financial year.

Local Roads and Bridges Infrastructure - Capital Note YTD Actual YTD Budget Variance Annual Budget $ $ $ Road Construction 1 22,823 - (22,823) - Resealing 2 1,025,426 809,982 (215,444) 1,054,982 Pavement Reconstruction - - - 50,000 Resheeting 3 13,500 150,000 136,500 179,910 Digouts /major patching 4 627,453 750,000 122,547 750,000 Bridge Construction - - - 110,000 Footpaths 23,982 5,000 (18,982) 180,000 Kerb and Channel 12,058 25,000 12,942 545,000 Drainage Construction - 15,000 15,000 297,921 Total 1,725,242 1,754,982 29,740 3,167,813 Table 7: Local Roads and Bridges – Capital Works (YTD)

Note 1 – A late invoice was received and paid in 2018/19 for works carried out on Georges Creek Road in the previous financial year.

Note 2 – Works on Towong Street are ahead of budget, with the majority of the reseal program completed in February 2019.

Note 3 – The majority of the resheeting program will be carried out in March and April 2019.

Note 4 – The digout/major patching works are still being finalised.

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 17

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Local Roads and Bridges Maintenance

The table below reports expenditure incurred on the maintenance of local roads and bridges for the current financial year.

Local Roads and Bridges Infrastructure - Maintenance Note YTD Actual YTD Budget Variance Annual Budget $ $ $ $ Road maintenance (including bridges) 676,960 849,038 172,078 1,270,448 Total 676,960 849,038 172,078 1,270,448 Table 8: Local Roads and Bridges - Maintenance (YTD)

Road maintenance expenditure is lower than anticipated due to Plant expenditure to be allocated to road maintenance and capital projects.

Flood repairs and maintenance

The table below reports expenditure incurred on repairing flood-damaged infrastructure (related to the 2016 floods) in the current financial year.

Note YTD Actual YTD Budget Variance Annual Budget $ $ $ $ Storm/Flood Damage 66,380 - (66,380) - Total 66,380 - (66,380) - Table 9: Local Roads and Bridges – Flood damage works (YTD)

The majority of flood damage works are expected to be reimbursed through the State Government’s Natural Disaster Financial Assistance (NDFA) program.

A summary of the claims made and progress of reimbursements are provided in the following table.

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 18

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Total claimed Claim NDFA VicRoads VicRoads Precinct Money Received $ Submitted accepted assessing Approved

Talgarno $23,440 28/11/2017 yes in progress $8,423 $8,423 Yabba $58,496 28/11/2017 yes in progress $32,930 $32,930 Project Mgr $14,190 30/11/2017 yes in progress $14,190 $14,190 $6,462 30/11/2017 yes in progress $0 $0 Cudgewa $11,718 30/11/2017 yes in progress $9,046 $9,046 Bunroy $15,707 30/11/2017 yes in progress $9,141 $9,141 Mount Alfred $285 30/11/2017 yes in progress $0 $0 Georges Creek $20,197 30/11/2017 yes in progress $15,152 $15,152 Mitta Valley $135,056 30/11/2017 yes in progress $32,003 $32,003 Tallangatta Valley $38,841 30/11/2017 yes in progress $24,633 $24,633 Granya $2,039 30/11/2017 yes in progress $0 $0 Bethanga $36,080 30/11/2017 yes in progress $28,232 $28,232 Fairyknowe $7,833 30/11/2017 yes in progress $2,538 $2,538 Corryong $5,788 30/11/2017 yes in progress $0 $0 Peninsula $57,469 15/12/2017 yes in progress $13,377 $13,377 Project Mgr $16,493 31/07/2018 yes in progress $0 $0 Peninsula $43,255 31/07/2018 yes in progress $19,662 $19,662 Bullioh $8,420 31/07/2018 yes in progress $3,164 $3,164 Bunroy $16,307 31/07/2018 yes in progress $15,700 $15,700 Mount Alfred $94,848 31/07/2018 yes in progress $56,814 $56,814 Mitta Valley $187,063 31/07/2018 yes in progress $117,411 $117,411 Tallangatta Valley $198,776 31/07/2018 yes in progress $161,603 $161,603 Granya $51,676 31/07/2018 yes in progress $34,713 $34,713 Thowgla $8,995 31/07/2018 yes in progress $8,995 $8,995 Yabba $147,296 31/07/2018 yes in progress $86,478 $86,478

Total $1,206,729 $694,203 $694,203

Council has received payment for all approved areas. Council officers continue to work with representatives from VicRoads and State Government to finalise claims for those amounts not yet approved.

OTHER FINANCIAL MATTERS

Defined benefit superannuation

Council has obligations under a defined benefit superannuation scheme that may result in the need to make additional contributions to the scheme to ensure that the liabilities of the fund are covered by the assets of the fund. There are nine current

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 19

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

employees covered by this superannuation fund. In addition, there is a liability for former employees.

The Vested Benefits Index (VBI) is the required measure to be used to determine whether there is an unfunded liability.

A VBI must generally be kept above a fund’s nominated shortfall threshold. The estimated VBI released by Vision Super for December 2018 is 101.9%. The graph below shows Vision Super’s VBI performance against the fund’s nominated VBI threshold.

Defined Benefit Superannuation - Vested Benefit Index (VBI) 110.0% 108.0% 106.0% 104.0% 102.0% 100.0% VBI threshold 98.0% 96.0% VBI actual 94.0% 92.0% 90.0%

If the actual VBI falls below the VBI thresholds a funding call will be initiated. This will mean Council will have to provide additional funding to the Defined Benefit fund to ensure that the liabilities of the fund can be met.

RECOMMENDATION:

THAT THE FINANCE REPORT BE NOTED.

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 20

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

9.2 Corporate Services Report (06/01/0011-DCCS)

Disclosure of Interests (S.80C):

This report was prepared by Ms Vicki Pitcher, Manager Corporate Services.

At the time of preparation of the report the officer did not have a direct or indirect interest in any matter to which the report or advice relates.

Background/History:

This report is a bi-monthly report on Corporate Services undertaken to support Council activities throughout the Shire.

Information Technology

Work undertaken during the first three months of 2019 has included the provision of information and communication technology support for the childcare services delivered from Bellbridge and Walwa. The short timeframes in establishing these services have necessitated a rapid response to purchase and activate hardware including iPads, mobile phones and computers.

Scheduled work has included updating existing machines to the Windows 10 operating system in order to achieve a standard operating environment. This assists with problem solving and issue resolution, and will support future software upgrades.

Human Resources

Recruitment has been constant through early 2019 with several childcare and kindergarten positions required at multiple locations as well as the appointment of a statutory planner who commenced in early February.

Two Administrative Trainees have commenced with Council for 2019, one in Tallangatta and one in Corryong. Both trainees will undertake a series of rotations across the organisation as well as learn the Customer Service Officer role.

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 21

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Enterprise Bargaining Agreement (EBA)

The employee vote resulted in a majority support of the EBA. The EBA was lodged with the Fairwork Commission on 30 October 2018. Since their acknowledgement of our lodgement we have not had a further response from the Commission. It is possible that a final outcome will take several months.

Libraries

The table below provides membership activity and collection data for Towong libraries for the period 1 July 2018 to 28 February 2019. Towong Total Total Total Total Program Number Number Total Total libraries number of number number of number of attendance of wifi of number number 2018 - 2019 loans of of loans physical active sessions computer of of physical of library members bookings physical eBooks items eBooks visits items July 2250 0 2094 283 101 71 171 14732 0 August 1350 0 2330 257 414 90 202 14437 0 September 1848 0 1868 260 107 64 207 14471 0 October 2068 0 2299 267 82 204 - 14415 0 November 2156 0 2481 258 184 62 247 14442 0 December 1610 0 1710 235 98 47 163 14285 0 January 2060 110 2394 268 29 129 441 14214 6653 February 1815 103 1880 253 53 99 250 14236 6700

Council has partnered with the High Country Library Network to restore access to digital resources such as eBooks and music through Bolinda Borrow Box. These changes are reflected in the figures noted above.

As part of Council’s program of activities, both libraries hosted an Author Talk with Joanna Baker (“Devastation Road”) in February, with Leo Kennedy (“Black Snake: The Real Story of Ned Kelly”) scheduled to appear in late March.

The heritage display is progressing and will be complete in April 2019. The display includes three interpretative signage panels that span the history of Tallangatta from indigenous communities to to New Tallangatta. This project has been fully funded by the Tallangatta Heritage Society. The collection has been restored and catalogued but not yet digitised.

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 22

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

OHS

Action Plans have been developed in response to the recent OHS Audit and the Liability Mutual Insurance (LMI) Audit. These plans are monitored regularly to ensure progress continues for action items. See 9.3 Occupational Health and Safety Report.

Other Activities

Seasonal pools The Pool Coordinator who commenced in November 2018 was not able to continue in the position and resigned in early January. Since this time duties have been absorbed by existing Council staff. Usage figures for both pools are highlighted below.

Pool (17/11 Child Adult Family Unknown Supervising Total Of which to 28/2) adults visitors were concession Corryong 958 1951 529 139 74 3651 1065 Tallangatta 858 640 65 608 26 2197 196 Note: figures are taken from VEND software based on entry by lifeguards and are approximate only

A review of Council’s pools is currently underway with a series of community advisory group workshops delivering excellent feedback for consideration. See 9.4 Swimming Pools Review.

Impact on Council Policy:

Nil.

State Government Policy Impacts:

Nil.

Budget Impact:

Corporate Service activities seek to refine organisational processes to reduce costs, maintain compliance and increase efficiency.

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 23

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Risk Assessment:

Many Corporate Service activities are undertaken to reduce organisational risks across different areas of Council. This includes financial risks, reputational risks and occupational health and safety risks.

Community Consultation/Responses:

Nil.

Discussion/Officers View:

The Corporate Services team continues to deliver on Council’s strategic priorities.

RECOMMENDATION:

THAT THE REPORT BE NOTED.

9.3 Occupational Health and Safety Report (06/04/0212-DCCS)

Disclosure of Interests (S.80C):

This report was prepared by Mr Wayne Carter, Occupational Health and Safety Officer.

At the time of preparation of the report the officer did not have a direct or indirect interest in any matter to which the report or advice relates.

Background/History:

This report is a bi-monthly progress report on Risk Management and Occupational Health and Safety activities throughout the organisation.

Current Progress:

Strategic risk / OHS activity

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 24

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Strategic risk / OHS activity

Safety Management System – Action Plan progress

An internal audit to review Council’s Safety Management System and current OHS practices against the requirements of Australian standards was undertaken by JLT from 30 October to 2 November 2018. An action plan has been implemented to address identified gaps, with risks prioritised for action.

The status of the actions at 1 March 2019 was: High Medium Low Total Total Actions 4 52 12 68 Actions Addressed or Completed 0 3 0 3 % Complete 0 6% 0 4.4% Outstanding actions 4 49 12 65

Work has commenced in a number of areas including the high risk actions which are outlined below:

Action High Risk Corrective Action Update / comments Plan Item# 3 Develop and implement a Templates developed for each area for procedure for identifying and Managers to complete; Master spreadsheet managing operational risks being developed to maintain operational risk register 5 Identify and list all work areas and Work areas identified; risks under review prioritise according to level of risk 51 Process for hazardous substance Work commenced and due for completion audit, risk assessment and register end March 2019 64 Review and update Risk Assessment Risk Assessment completed and results being of Corryong depot reviewed

Municipal Association of Victoria (MAV) Liability Mutual Insurance (LMI) Mandatory Compliance Review

MAV Insurance provide public liability insurance cover to Council. They conduct biennial reviews of all members of the insurance scheme as a means of meeting the following objectives:  Assess members’ level of compliance against their established internal policies, procedures, plans, etc.

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 25

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

 Obtain quantifiable and comparable information regarding Council’s management of roads, footpaths, shared pathways, trees and sporting and non-sporting reserves, to identify common areas of risks as well as to allow members to benchmark their practices in line with other comparable Councils.  Encourage members to develop and maintain sound risk management practices to assist in preventing claims.

JLT conducted their audit visit on 16 August 2018 and provided a report in October. Council achieved a compliance rating of 73%. Implementation of the action plan has commenced including:  a review of inspection forms to include more information for recording  meeting with the software developers of the Asset Asyst program in March to rectify report issues

Operational risk / OHS activity

WorkCover incidents

There are currently no open WorkCover claims.

Public Liability incidents

There is one open Public Liability incident currently under investigation/action. This relates to a vehicle accident on Georges Creek Road, where the driver has submitted a claim for damage to their motor vehicle.

Business Continuity Plan Exercise

Business Continuity is about building resilience in the organisation and identifying critical services and the activities that underpin them. A Business Continuity Plan assists Council to continue to provide critical services whilst enabling an effective and timely recovery from any type of disruption.

A desk-top exercise was conducted on 25 February 2019 to:  Ensure Council Officers are familiar with o Incident management o The Business Continuity Plan (BCP) o The Critical Services Sub-Plans (CSSP’s)  Test Council’s BCP and CSSP’s  Identify any weaknesses in processes and procedures

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 26

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

 Identify improvement and training opportunities

The BCP will be reviewed and updated.

Other OHS activity

Use of Glyphosate (Roundup) As reported in February, staff trialled an alternative spray to Roundup. Results of the trial will be submitted to Council as a separate report for the May 2019 Council Meeting.

Inspection of quarries by WorkSafe Victoria Following the inspection by Worksafe in July 2018, action plans for the three Council quarries are currently being implemented.

As at 28 February 2019 all actions have been completed except for one. The remaining recommendation to be implemented is the creation of a Quarry Management Procedure (which will include rehabilitation and final land use consideration). This will be implemented by 30 April 2019.

Impact on Council Policy:

Nil.

State Government Policy Impacts:

Nil.

Budget Impact:

Nil.

Risk Assessment:

Action Plans In developing action plans to address the recommendation from the OHS Internal Audit and the MAV Insurance Audit, risk assessments have been conducted to ensure that risks assessed as having higher risk rating are prioritised for actioning.

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 27

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Community Consultation/Responses:

Nil.

Discussion/Officers View:

It is the Officer’s view that Council is continuing to make progress in addressing Council’s Risk Management and Occupational Health and Safety responsibilities.

RECOMMENDATION:

THAT THE REPORT BE NOTED.

9.4 Review of Swimming Pool operations (07/05/0036-DCCS)

Disclosure of Interests (S.80C):

This report was prepared by Ms Vicki Pitcher, Manager Corporate Services

At the time of preparation of the report the officer did not have a direct or indirect interest in any matter to which the report or advice relates.

Background/History:

Strategy 2.4 of the Council Plan 2017-2021 calls for the “Review options for delivery of swimming pool services, including consideration of a community based model”.

Council endorsed the establishment of an Advisory Group as the mechanism for this process and committed to consider the recommendations of the Advisory Group.

Impact on Council Policy:

The Community Wellbeing strategic objective of the Council Plan 2017-2021 calls for the provision of appropriate and adequate swimming pool operations as a means to assist residents to attain a high level of health and safety, resilience and connectedness to their communities.

State Government Policy Impacts:

Nil.

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 28

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Budget Impact:

The budget implications of the nine recommendations are currently unknown, further investigation is required.

Risk Assessment:

Nil.

Community Consultation/Responses:

A structured engagement process was designed to consider the question; How could we run the Corryong and Tallangatta Pools in a way that ensures ongoing provision of access to community members; no further increase in costs; and the maintenance of safety standards. A key element of the engagement process was the establishment of an Advisory Group.

Following an open EOI process the eight-member group was established in January 2019. It included community members from Tallangatta and Corryong and captured key user groups including the health services and swimming clubs as well as being reflective of demographics.

The Advisory Group were supported in their decision making process by the provision of background materials (see Appendix 2: Advisory Group Briefing Paper) a series of facilitated workshops and insights from the community via an online survey. In addition, there were opportunities to seek further information and discuss issues with Council and Council Officers throughout the process.

The group expressed a sense of shared endeavour and a sense of optimism that the process would result in a positive outcome. There would be benefit in this model to being implemented across a range of topics.

Discussion/Officers View:

The recommendations provided to Council by the Advisory Group provide a series of short, medium and long term actions with the intent of supporting the ongoing management of the Corryong and Tallangatta Swimming Pools.

The alignment between the recommendations and the strategic priorities outlined in the Council Plan 2017 – 2021 provide strong grounds for Council Officers to investigate the viability of the recommendations. S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 29

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

The investigation process should consider the following and inform the formal response from Council:  Can implementation occur within existing resources?  Are there opportunities for streamlining and/or outsourcing? and  In the instance that additional resourcing is required what is the financial implication?

Usage figures for both pools are highlighted below. Accurate data continues to be difficult to obtain. Improved reporting was one of the desired outcomes of employing a pool coordinator and will remain a focus in future pool management.

Pool (17/11 to Child Adult Family Unknown Supervising Total Of which 28/2) adults visitors were concession Corryong 958 1951 529 139 74 3651 1065 Tallangatta 858 640 65 608 26 2197 196 Note: figures are taken from VEND software based on entry by lifeguards and are approximate only

RECOMMENDATION:

THAT COUNCIL:

1. RESPOND FORMALLY TO EACH OF THE NINE RECOMMENDATIONS AND IN THE INSTANCE OF ACCEPTED RECOMMENDATIONS, INCLUDING A PROPOSED TIME FRAME FOR IMPLEMENTATION FOR ACCEPTED RECOMMENDATIONS; AND

2. PROVIDE THE FORMAL RESPONSE TO MEMBERS OF THE ADVISORY GROUP AND MAKE THIS PUBLICLY AVAILABLE.

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 30

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

9.5 Colac Colac Caravan Park (08/01/0467-DCCS)

Disclosure of Interests (S.80C):

This report was prepared by Ms Vicki Pitcher, Manager Corporate Services.

At the time of preparation of the report the officer did not have a direct or indirect interest in any matter to which the report or advice relates.

Background/History:

Towong Shire Council is the Committee of Management for the Crown land reserve on which the Colac Colac Caravan Park (1994 Murray Valley Highway) is located.

In this capacity, Council is party to a Crown land lease for the operation of the Colac Colac Caravan Park. This lease expires in 2025. The current lessees, effective since 2014, are Paul and Melissa Dally. They have requested Council’s in-principle support to enter into direct negotiations for a new 21-year lease. As Committee of Management for the Crown land reserve on which the caravan park is located, Council do not have authority to enter into a new lease. This authority rests with the Minister for Energy, Environment and Climate Change.

A briefing paper attached at Appendix 9 has been prepared which outlines the history, current situation and considerations to be taken into account to determine the future course of action.

Impact on Council Policy:

Nil.

State Government Policy Impacts:

Council must consider its role as Committee of Management for Crown land in accordance with the relevant legislation, policies and guidelines. Key to this is the requirement to ‘manage, improve, maintain and control’ the Crown land reserve that has been allocated.

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 31

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Budget Impact:

A recent rent review has resulted in a considerable increase in rental paid to Council over future years of the existing lease.

Council’s draft Budget for 2019/20 contains Council’s $240,000 contribution to the Building Better Regions Fund upgrade project. This is in addition to contributions required under the existing Crown lease.

The budget impact of improvements required at the site has not yet been quantified. This requires detailed analysis of the Management Plan and the Land Capability Assessment which are yet to be developed.

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 32

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Risk Assessment:

There are a range of risks and opportunities associated with the various options under consideration. Key risks and opportunities are identified in the table below.

Ref Option Budget impact Risks Opportunities Provide in-principle support to  Additional resources will be  Lessee may sell business and  Infrastructure enter into direct negotiations with required to prepare the new lease promptly once a new improvements the existing lessees and commence Management Plan and Land lease is granted required at the development of a Management Capability Assessment  Council has a limited site are Plan and Land Capability (estimated range $15,000- understanding of future undertaken at Assessment for the Crown land $20,000) infrastructure upgrade no (or minimal) A reserve on which the Colac Colac  Cost to Council of requirements that may influence cost to Council Caravan Park is located infrastructure upgrades is future action expected to be minimal  Cost of infrastructure improvements required at the site is greater than the lessee is willing to commit to Continue with existing lease until  No additional cost to Council  Lessee may reduce infrastructure  Council can 2025 and then proceed with open maintenance and levels of conduct full tender for a new Crown land lease customer service as the public process remaining lease term reduces for a new lease B  Council may not have financial resources to undertake infrastructure improvements required at the site

33 S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Ref Option Budget impact Risks Opportunities Negotiate with DELWP to  Additional resources will be  Current lessee is unlikely to  Council can commence EOI and/or open tender required to prepare the support this approach; it is also conduct full before 2025 that would permit the Management Plan and Land likely that lessee consent would public process existing tenant to engage in a Capability Assessment that be required for this course of for a new lease C competitive process for a new would be required for a full action Crown land lease public process (estimated  Council may not have financial range $15,000-$20,000) resources to undertake infrastructure improvements required at the site Delay a decision pending  Additional resources will be  Current lessee is unlikely to  Council can establishment of future required to prepare the support this approach as they gain a more requirements for the Crown land Management Plan and Land are seeking a new lease and this comprehensive reserve, development of a Capability Assessment will delay the outcome they are understanding Management Plan and a Land (estimated range $15,000- seeking of Capability Assessment with a view $20,000)  Current lessee may withdraw the infrastructure D to reconsidering the lessees’  Expected cost of infrastructure request upgrade proposal later in 2019 upgrades is currently unknown requirements and under this option it has and plan its not been determined who will approach more be responsible for meeting the strategically cost of the upgrade

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 34

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Ref Option Budget impact Risks Opportunities Delay a decision pending  No additional cost to Council  Current lessee is unlikely to  Council can completion of the $800,000 in the short term support this approach as they gain a more upgrade project (jointly funded by  Expected cost of infrastructure are seeking a new lease and this comprehensive the Australian Government, the upgrades is currently unknown will delay the outcome they are understanding lessee and Council) and under this option it has seeking of the impacts E not been determined who will  Current lessee may withdraw the of the current be responsible for meeting the request infrastructure cost of the upgrade upgrade and factor this into future planning

S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc 35

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Community Consultation/Responses:

Nil.

Discussion/Officers View:

There are a range of factors that require consideration prior to making a decision, including:  Adherence with the Victorian Government’s Crown land leasing policy  Current lessees’ commitment to improving the caravan park and demonstrated performance over the past four years  Current state of infrastructure at the caravan park  Current understanding of future infrastructure upgrade requirements  Delivery of the $800,000 upgrade project

The following options consider these factors:

A. Provide in-principle support as requested to enter into direct negotiations with the existing lessees and commence development of a Management Plan and Land Capability Assessment for the Crown land reserve on which the Colac Colac Caravan Park is located or B. Continue with the existing lease until 2025 and then proceed with open tender for a new Crown land lease or C. Negotiate with DELWP to commence EOI and/or open tender before 2025 that would permit the existing tenant to engage in a competitive process for a new Crown land lease or D. Delay a decision pending identification and approval of future requirements for the Crown land reserve, development of a Management Plan and a Land Capability Assessment with a view to reconsidering the lessees’ proposal later in 2019 or E. Delay a decision pending completion of the upgrade that has been funded by the Australian Government (through the Building Better Regions Fund), the lessee (via future lease contributions) and Council (via future lease contributions and additional $240,000 of Council funds).

36 S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Council is requested to provide direction on this matter.

RECOMMENDATION:

THAT COUNCIL CONSIDER THE OPTIONS AVAILABLE AND PROVIDE DIRECTION.

9.6 Action Sheet Reports (06/05/0010-EA)

Items requiring action from the 5 March 2019 Council Meeting are attached at Appendix 3.

RECOMMENDATION:

THAT THE REPORT BE NOTED.

9.7 Council Plan Priorities (07/05/0022-DCCS)

The Council Plan Priorities report is presented quarterly. The next report is due in May 2019.

9.8 Performance Reporting Graphs (DCCS)

The Performance Reporting Graphs are now presented quarterly. The next report is due in June 2019.

10 Community wellbeing 10.1 Community Wellbeing (04/07/0055-DCCS)

The Community wellbeing report is presented quarterly. The next report is due in May 2019.

37 S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

11 Asset management 11.1 Asset management report (01/07/0004-DTS)

Disclosure of Interests (S.80C):

This report was prepared by Ms Monique Tinoco, Civil Asset Engineer.

At the time of preparation of the report the officer did not have a direct or indirect interest in any matter to which the report or advice relates.

Background/History:

This report is a bi-monthly report on Asset Management activities throughout the Shire for the period of 1 January to 28 February 2019.

Walwa Main Street works

The Walwa main street works are split into six stages.  Stage 1: CBD Main Street East, drainage and kerb renewal  Stage 2: Shelley Walwa Road, tree plantings and kerb outstands  Stage 3: Main Street West, drainage and kerb renewal  Stage 4: River Road, tree plantings and path link to reserve  Stage 5: Tree plantings, overall plantings with Walwa  Stage 6: Wilson Street sealing.

These stages relate to discrete segments of the works to be completed and not a sequential order of works.

The progress of the stages is as follows:  Stage 1: North side kerb and channel, stormwater drainage, footpath and planting works are now completed. South side footpath and kerb and channel works in progress. Due to Christmas closure the overall completion is still at 43%.  Stage 2: Tree plantings are complete with kerb outstands remaining.  Stage 3: Kerb works at Main and Hanna Street intersection are complete, with Hanna Street to Shelley – Walwa Road south side kerb remaining.  Stage 4: Tree planting complete with path link to reserve remaining  Stage 5: Tree plantings complete within the township.  Stage 6: Wilson Street sealing is complete.

38 S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Destination Tallangatta

The contract for streetscape works including kerb, drainage and footpath replacement has been completed by Exell Gray Bruni Pty Ltd and is currently in defects liability period. The overhead power removal is still to be completed and is now scheduled for April/May 2019. Council staff have undertaken the landscaping works within the CBD. Tree planting has been completed with garden bed plantings being programmed for April / May 2019.

Bethanga (Council Plan 2019/20)

Council was successful in attracting $666,412 in funding through the State Government, Fixing Country Roads Program. This will enable works planned for 2019/20 to be delivered earlier than anticipated.

The proposed works are:  Intersections upgrades including pavement widening, kerb and drainage;  Widening the service road to accommodate safe pedestrian movement and;  Sealing of gravel roads.

A community consultation session was held on 5 December 2018 seeking input from community members to help prioritise and schedule works. Tenders for intersection upgrade and road sealing have been awarded to Tallangatta Construction and Maintenance, works will commence in March 2019.

Eskdale (Council Plan 2020/21)

Council was successful in attracting $499,889 funding through the State Government, Fixing Country Roads Program. This will enable works planned for 2020/21 to be delivered earlier than anticipated.

The proposed works are:  Intersections upgrades including pavement widening, kerb and drainage;  Providing pedestrian designated crossing points; and  New and upgraded parking facilities.

A community consultation session was held on 18 December 2018 seeking input from community members to help prioritise and schedule works. Tenders for the intersection upgrades have been awarded to Tallangatta Construction and Maintenance. Designs have been sent to VicRoads for approval.

39 S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

2018/2019 Reseal Program

The reseal works commenced in January 2019 and are 95% complete. The remaining will be completed by the end of March 2019.

Recreational Vehicles Dump point – Dartmouth

The dump point has been installed and is operational. The final element of the project, directional signage at the Omeo Highway/Dartmouth Road intersection was installed in February 2019, the project is now complete.

Akuna Avenue Streetscape

The streetscape works at Akuna Avenue will contribute to the beautification of the town and include a footpath connection up to the bowling club.

A tender process in accordance with Council’s Procurement Policy was conducted for the works.

The tender process closed on 7 March 2019 and the successful contractor will be appointed in May 2019.

Tallangatta Caravan Park Redevelopment

This project will see the rejuvenation of the park’s amenities and will include streetscape upgrades and foreshore redevelopment with the aim to increase visitations. Architectural and civil designs are now complete. The civil works tender closed on 25 February 2019 and will be awarded by April 2019. Tenders for construction works will be presented for Council approval at the 4 June 2019 Council Meeting.

Impact on Council Policy:

Nil.

State Government Policy Impacts:

Nil.

40 S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

Budget Impact:

Note 1 - $265k for Destination Tallangatta received earlier than anticipated and $132k for Corryong Airport not yet received Note 2 - Grant income received for the Talgarno playground upgrade Note 3 - $135k for tree maintenance (timing variance) Note 4 - The road maintenance crew has spent time working on capital streetscape projects. (Timing variance)

Risk Assessment:

Nil.

Community Consultation/Responses:

Nil.

Discussion/Officers View:

The Asset Management area is making good progress in relation to the Council Plan.

RECOMMENDATION:

THAT THE REPORT BE NOTED.

41 S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

12 Land-use planning

No Planning reports.

13 Environmental sustainability 13.1 Environmental sustainability report (01/07/0004-DTS)

The Environment sustainability report is presented quarterly. The next report is due in May 2019.

14 Economic and tourism development 14.1 Economic Development Report (05/01/0001-CEO)

The Economic Development report is presented quarterly. The next report is due in May 2019.

15 Councillor reports

16 Urgent business

42 S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

17 Committee minutes 17.1 Municipal Emergency Management Planning Committee (Cr Wortmann)

The unconfirmed Minutes of the meeting held on 20 February 2019 are attached as Appendix 4 for information.

RECOMMENDATION:

THAT THE UNCONFIRMED MINUTES OF THE MUNICIPAL EMERGENCY MANAGEMENT PLANNING COMMITTEE BE NOTED.

17.2 Goulburn Broken Greenhouse Alliance (GBGA) (Cr Scales)

The unconfirmed Minutes of the meeting held on 20 February 2019 are attached as Appendix 5 for information. The GBGA Talking Points are also attached to Appendix 5.

RECOMMENDATION:

THAT THE UNCONFIRMED MINUTES OF THE GOULBURN BROKEN GREENHOUSE ALLIANCE BE NOTED.

18 Occupational health and safety 18.1 OHS Committee (06/04/0212-DCCS)

The unconfirmed minutes of the meeting held on 27 February 2019 are attached at Appendix 6 for information.

RECOMMENDATION:

THAT THE UNCONFIRMED OCCUPATIONAL HEALTH AND SAFETY COMMITTEE MINUTES BE NOTED.

43 S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

19 Council policies (10/01/0007-CEO)

The following policies are tabled for review (Appendix 7). Comments should be provided to the nominated Council officer by 7 May 2019.

 External Grant Application (CEO)  Fraud and Corrupt Conduct (DCCS)  Fraud and Corrupt Conduct – Procedure for reporting (DCCS)  Privacy (DCCS)  Protected Disclosure  Debt Collection (Rate Debtors, Sundry Debtors) (MF)  Discrimination, Workplace and Sexual Harassment, Equal Employment Opportunity and Diversity (DCCS)  Employee Code of Conduct and Conflict of Interest Policy and Guidelines (DCCS)

The following policies were tabled for review at the 5 February 2019 Council Meeting and are presented at Appendix 8 for adoption.

 Community use of Council Meeting Spaces and Facilities (DCCS)  Human Rights (DCCS)  Investment (DCCS)  Issue Resolution (DCCS)  Kerbside Refuse and Recycling Collection (DTS)  No Smoking (DCCS)  Social Media (DCCS)

RECOMMENDATION:

THAT THE FOLLOWING POLICIES AS PRESENTED BE ADOPTED:  COMMUNITY USE OF COUNCIL MEETING SPACES AND FACILITIES  HUMAN RIGHTS  INVESTMENT  ISSUE RESOLUTION  KERBSIDE REFUSE AND RECYCLING COLLECTION  NO SMOKING  SOCIAL MEDIA

44 S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

20 Sealing of documents

No documents for sealing.

45 S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc

TOWONG SHIRE COUNCIL ORDINARY MEETING 2 APRIL 2019

21 Confidential

In accordance with S77(2) information is ‘confidential information’ if: (a) the information was provided to the Council or a special committee in relation to a matter considered by the Council or special committee at a meeting closed to members of the public and the Council or special committee has not passed a resolution that the information is not confidential; or

(b) the information has been designated as confidential information by a resolution of the Council or a special committee which specifies the relevant ground or grounds applying under section 89(2) and the Council or special committee has not passed a resolution that the information is not confidential; or

(c) subject to sub-section (3), the information has been designated in writing as confidential information by the Chief Executive Officer specifying the relevant ground or grounds applying under section 89(2) and the Council has not passed a resolution that the information is not confidential.

In accordance with Section 89(2) and 89(3) of the 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

No confidential reports.

46 S:\Organisational Improvement\Executive Services\Council Meetings\Agendas\2019\04 April\2 April 2019 - Tallangatta.doc

Appendix 1 Appendix 2

REPORT

Corryong and Tallangatta Swimming Pools Review - Advisory Group

Overview

Towong Shire Council (Council) manages seasonal (outdoor) pools in Corryong and Tallangatta (both situated on crown land owned by the Department of Environment, Land, Water and Planning). The provision of swimming pools is a service traditionally delivered by Councils throughout Australia and provides well documented physical, social and health benefits to communities.

In the 2017/18 financial year the pools incurred a total combined cost to Council of $129,812 (including depreciation). Neither of the pools currently have potential to generate sufficient revenue to cover its running costs.

Council requested a review of current pool operations to determine whether there may be more efficient and sustainable ways of managing the pools. This request is reflected in item 2.4 of the Council Plan: Review options for delivery of swimming pool service including consideration of a community based model.

In response, an Advisory Group consultation model was implemented to consider the question: How could we run the Corryong and Tallangatta Pools

• To ensure ongoing provision of access to community members; • To ensure no further increase in costs; • To ensure maintenance of safety standards?

The Advisory Group explored a range of pool management models, reviewed relevant data, considered local community needs, expectations and capacity, and developed a set of recommendations for Council to consider in deciding a way forward for the continued delivery of pool services.

Process

The Advisory Panel community engagement process included;

• Recruitment of advisory group members via an open application process (resulting in an Advisory Group of four current Tallangatta pool users and four current Corryong pool users); • Compilation and circulation of extensive background briefing materials; • three intensive facilitated group sessions.

1 of 7

Recommendations

Recommendation 1 That Council retain direct management of the pools in the short term

Timeframe Short term

Rationale Key pools user groups do not have capacity in terms of time, volunteers or technical expertise to effectively and efficiently manage either pool. Outsourcing management of pools to a commercial entity risks a reduction in community access to pools and potential increased cost for users. Increasing use of pool sites through activation strategies and promotion will go some way toward offsetting the financial cost of pools by increasing the social, physical and wellbeing outcomes for the community.

Proposed Actions Continue current pool management structure

Revise position descriptions of lifeguard staff to include minor pool maintenance requirements to assist in reducing demand on the outdoor team (as required at other Council run pools and permitted under the current Award)

Broaden recruitment of lifeguards to target active retirees with availability during school hours and after university terms begin

Explore other mechanisms for gate entry in Tallangatta to support fee collection and the development of accurate data

Consideration of processes to allow flexible hours of access to the pool

Council Plan Strategy 2.4 “Review options for delivery of swimming pool services, including consideration of a community based model”

Recommendation 2 That Council employ a Pools Coordinator

Timeframe Short Term

Rationale A designated Council employee to act as a single point between Council, pool employees, user groups and the general public will avoid inconsistent implementation of procedures and processes, fragmentation of responsibilities and weak relationships with key stakeholders. Responsibilities of this role include:

• Proactive management, training and development of lifeguard staff • Review and oversight of processes and procedures • Partnership and liaison with key stakeholder groups – swimming clubs, other sporting clubs, health services, schools, etc.

2 of 7

• Liaison with internal stakeholders – outdoor team, WHS, HR • Establishment of and liaison with “Friends of the Pool(s) Committee(s)” as key community liaisons • Establishment of partnerships to implement events and promotions to increase pool visitation • Requirement for some weekend work during pools season

Proposed Actions Investigate options to embed Pools Coordination into an existing or additional Council staffing resource with similar strategic objectives

Explore funding models to support the provision of a Pools Coordinator position

In recruiting, specify a preference for an employee with qualifications in pools operations management

Council Plan Strategy 2.10 “Encourage development of proactive community groups to progress local initiatives”

Recommendation 3 That Council explore the potential for operation of pool kiosks by a local small business or community group

Timeframe Short term

Rationale Lifeguards are currently required to supervise swimmers while operating pool kiosks. Taking this responsibility from lifeguards provides more time for lifeguards to implement other tasks such as maintenance and cleaning, which provide more value for Council. In the past, kiosks were able to generate some profit. This may be attractive to an existing business or a community group as a fundraiser activity.

Proposed Actions Explore means to develop an attractive offer for community groups / small businesses to operate kiosks at both pools e.g. incentives, access to facilities or equipment

Seek funding to upgrade and/or relocate the kiosk at Tallangatta, and upgrade the kiosk at Corryong

Implement an Expression of Interest process to test local appetite for management of pool kiosks. Include a requirement to consider the Healthy Communities Plan in kiosk operations.

Council Plan Strategy 3.12 “Complete condition assessments for road assets and non-road assets”

3 of 7

Recommendation 4 That Council review processes and procedures related to management and use of the pools

Timeframe Short term

Rationale Procedures and forms have been implemented inconsistently causing confusion for user groups and damage to relationships between Council and users groups. Pools users have been charged inconsistently for use. A review of procedures and updating of forms to meet current conditions will avoid future confusion and discontent.

Proposed Actions Review pool procedures with a view to creating consistency between the Corryong and Tallangatta pools.

Review and update pool related forms, fees and charges before the beginning of the 2019 summer swim season.

These actions could be performed by the recommended Pool Coordinator position.

Recommendation 5 That Council deliver lifeguard training to community members

Timeframe Short term

Rationale The cost of qualification is seen to be a barrier to attracting sufficient lifeguards to staff the pool, particularly to retirees. Council subsidising the investment required for training would increase the number of lifeguard trained community members which has broader benefits to public health and safety.

Proposed Actions Source grant funding to provide lifeguard training to local community members who are interested in providing paid volunteer hours as lifeguards at local pools

Council Plan Strategy 2.10 “Encourage development of proactive community groups to progress local initiatives”

Recommendation 6 That Council develop a Pools Marketing and Events Plan to increase visitation of the pools

Timeframe Short term

Rationale Pools offer an attractive community space for people of all ages. In the past, events such as movie nights, Blue Light discos and family relay races have attracted strong participation. A strong sense of community ownership of and

4 of 7

pride in the pools was strong when these activities were happening on a regular basis. User groups are enthusiastic about working collaboratively with Council to develop activities and events that promote the pools and market to different age groups and cohorts.

Proposed Actions In collaboration with user groups, develop an annual calendar of events to be held at the pools.

Develop and strengthen relationships with potential user groups and community organisations such as health services, sport clubs and neighbourhood houses.

Invest in activity-based equipment that can be shared between the two pool sites such as water polo goals, inflatable play mats

Encourage family activities at pools through promotion of barbecue and picnic facilities, fenced green spaces, children’s birthday parties

Council Plan Strategy 2.1 “Develop the 2017-2021 Towong Shire Healthy Communities Plan”

Strategy 2.15 “Actively participate in the Towong Alliance with the three local health services”

Recommendation 7 That in the future, Council explore contract management of the pools by local families, small businesses or community groups Timeframe Medium Term Rationale Once short-term recommendations have been implemented, and short term maintenance issues at the Tallangatta pool are attended to, the pools will be in a more attractive position to garner interest in management from local families, small businesses or community groups if it becomes necessary Proposed Actions Consult user groups and the wider community to test support for a contract management approach if it becomes financially necessary. Explore options for subsidizing insurance costs to create a more financially attractive option for contract management of the pools Develop an expression of interest or tender process for management of the pools targeting local families, small businesses or community groups. Evaluation criteria should be weighted toward consideration of health, social and wellbeing outcomes. Exclude large commercial operations from the process to reduce the risk of community losing a sense of ownership or connection to the pools Council Plan Strategy 2.4 “Review options for delivery of swimming pool services, including consideration of a community-based model”

5 of 7

Recommendation 8 That Council promote a “Culture of Swimming” across all life stages across the Shire Timeframe Long term Rationale At present, local pools are mainly used by primary and high school students. There is scope to cultivate an interest in swimming and participation in pool activities beginning from an early age through to the older years. Provision of family friendly facilities, parent rooms, accessibility supports including optimising opening hours, and targeted programs and activities will support the pools becoming social hubs. With water a prominent feature of our local geography, swimming becomes a safety requirement as well as a sport and past time.

Proposed Actions In order to support the strategic development of pool facilities to encourage an attitude or culture of swimming as part of our everyday community life, the following actions are recommended.

Develop partnerships with local health services to source health promotion funding in order to implement water based activities such as water aerobics

Encourage and support local user groups to implement a range of activities and events

Create new partnerships to enable innovative activities to be implemented such as water polo, outdoor movie nights

Implement community working bees to further develop a sense of community ownership and pride in local pools

Seek funding to create family friendly spaces within pool sites that are not directly related to swimming such as beach volley ball, beach cricket etc.

Council Plan Strategy 2.14 “Seek funding for recreation facility upgrades / renewals (e.g. netball courts and shade sails”

Strategy 2.16 “Develop a four-year Youth Plan and deliver FReeZA and other responsive youth programs”

Strategy 2.23 “Update recreation masterplans to determine future recreation priorities”

Strategy 2.15 “Actively participate in the Towong Alliance with the three local health services”

6 of 7

Recommendation 9 That Council develop an Asset Development Plan for Corryong and Tallangatta Swimming Pools

Timeframe Long term

Rationale Significant investment is required in terms of management, volunteering and financial contributions to maintain pools to meet safety and other regulatory requirements. Without relevant supporting facilities, equipment and activities ongoing use of and community pride in the pools will fall away. A long-term plan is required to ensure effective provision of the right resources at the right time to continue building a successful community asset that provides long term outcomes for the community.

Proposed Actions Development of a Pool Asset Development Plan that identifies ongoing maintenance, renewal and resource needs to meet the health, social and wellbeing potential of the pools. Long term resources to consider include: Outdoor shower, improvements to kiosks, lighting, solar heating, shade provision, storage, gates and access, play equipment

Council Plan Strategy 2.23 – “Update recreation masterplans to determine future recreation priorities”

7 of 7 Appendix 3

Appendix 4

MUNICIPAL EMERGENCY MANAGEMENT PLANNING COMMITTEE

MINUTES

OF THE COMMITTEE MEETING HELD AT CFA/SES FACILITY, WAGARA STREET, TALLANGATTA COMMENCING AT 10.00 AM ON WEDNESDAY 20 FEBRUARY 2019

1. Present:

Vicki Pitcher Towong Shire Council Ken Whitehead Towong Shire Council David Wortmann Towong Shire Council Eloise Martin Department of Health and Human Services (DHHS) Sharyn Nankervis SES Corryong Simon McKenzie VicPol Jo Brooks Ambulance Victoria Tallangatta Paul Graham CFA Tallangatta Max Wood CFA Tallangatta George Kucka CFA Corryong Brett Myers CFA District 24 Carol Allen VicPol Craig Hore Parks Victoria Dave Jensen DELWP/FFMV Jeff Cave Agriculture Victoria Lynne Jones Red Cross

1

2. Apologies:

Brian Hastings SES Corryong Lynsey Smit Ambulance Victoria Liam McMahon VicPol Jo Shannon Towong Shire Council Nicole Martin Corryong Health Melanie Murray SES Charlie Sexton SES Libby Grant Red Cross Peter Liepkalas Goulburn Murray Water Mark Goldsworthy North East Water Paul Brady VicPol

Moved Sharyn Nankervis Seconded Eloise Martin

That apologies be noted. CARRIED

3. Minutes of the Previous Meeting

Moved George Kucka Seconded Eloise Martin

That Minutes of the meeting held on 21 November 2018 be confirmed. CARRIED

4. Presentations

ICC Tabletop exercise next meeting (May)

5. Business Arising

Meeting Item Action Date Person(s) Status Date By Responsible 20/2/19 10 Agency Reports Asap All Agencies Ongoing 20/2/19 11.2 Update of draft Next Ken Ongoing pandemic sub plan meeting - next meeting in March 20/2/19 11.2 Update of draft heat Next Ken Ongoing health plan – next meeting 2

meeting of committee in March 20/2/19 11.2 Update of Animal Next Ken Ongoing Emergency Plan – meeting David Yule on leave; will progress next meeting in March 20/2/19 12.4 Send email to VicPol Next Ken Ongoing requesting meeting Liam presentation at next McMahon MEMPC – desktop at next meeting 20/2/19 10.1 MEMPC to review Ongoing David & Ken Ongoing the draft letters from MFMPC – regarding implementation concerns. - next meeting

Summary of actions

Meeting Item Action Date Person(s) Status Date By Responsible MEMPlan to be Ongoing All Following sub progressively plans are reviewed during currently being 2018-19 reviewed – Pandemic, Heat Wave and Animal Emergency. 21/2/18 7 MEMP Review – Ongoing Ken To be discussed Risk Action Sheets at next CERA to be listed for meeting 14/3/19 discussion at the next CERA meeting

21/2/18 9.4 Flood Committee – Ongoing Charlie Flood plan to be update of Flood converted to plan new template. Meeting between SES, 3

NECMA and Council scheduled for 26th February 2019 21/2/18 11.1 Crowded 2018/201 Ken To be discussed Places/Terrorism 9 at next CERA meeting 14/3/19

15/8/18 11.2 Prepare & 2018/201 Ken Pandemic and & Distribute Draft 9 Heat Health Plan 11.3 Pandemic Plan and Committee will Heat Health Plan meet again on the 14th March 2019 15/8/18 11.4 Provide 21/11/20 Ken ‘Single Incident’, Information 18 draft procedure regarding Single and protocols Incidents are being developed by Towong Shire 15/8/18 11.4 Request sent to 21/11/20 Ken & Liam Matter discussed VicPol for 18 with Liam presentation at McMahon for next meeting next meeting. Propose ICC Desktop exercise for next meeting.

6. MEMP Review Audit completed and passed. Currently reviewing Animal Emergency, Pandemic and Heat Wave plans.

7. Municipal Emergency Management Planning Committee This Committee is formed pursuant to Section 21(3) & (4) of the Emergency Management Act, to formulate a plan for Council consideration in relation to the prevention of, response to and the recovery from emergencies within the Towong Shire Council. Appendix A contains the membership of the MEMPC.

Please provide any updated contact details

4

8. Community Emergency Risk Assessment (CERA) Meeting to be held on the 14/3/2019.

9. Reports from Sub-Committees

9.1 Fire Management Nothing to report. Send letter as per business arising.

9.2 Flood Committee Nothing to report. Meeting next week with NECMA and Charlie Sexton (SES)

9.3 Pandemic Committee Meeting to be held on the 14th March 2019 to continue plan review and update.

9.4 Heatwave Committee Meeting to be held on the 14th March 2019 to continue plan review and update.

10. Agency Reports Reports from DEDJTR and Red Cross are attached for information. DEDJTR is now the Department Jobs, Precincts and Regions (DJPR) following restructure

Fire rescue – relatively quiet last 2 weeks however 3 weeks prior very busy due to lightning strikes and some suspicious fire activity. Areas of origin are known but not the cause of the fire. Incidents include: 5ha Tallangatta South, 3ha Annandale road, 19ha Burrowye, 4ha Gundowring, Huon Hill, Dederang power station and Possum Point fire (NSW). There have been safety issues with fire fighters on the ground, being dealt with internally.

Switchyard fire Dederang – day of extreme heat, risk to power supply in created outages with power scaled back. Approx. 5pm received reports of fire, aware of risks given location, small fire but within a capacitor so inherently problematic. Not safe to manage for firefighters so explored other options. Fire left to burn out – took 6 hours to de-energise first – complex job but turned out less drastic than anticipated.

Many of the small fires such as the Bungil fire took place on very hot days.

DHHS – deploying staff to QLD presently

5

11. Incident Debrief – Cudgewa / Fire 30-31st January 2019

Brett informed the group that a post season de-brief is scheduled to include Mt Alfred and Cudgewa fire – forward report to Ken. ICC operations – Liam to provide report next meeting (on leave). Simon (VicPol) – arson suspects being investigated – request to CFA to protect crime scene to assist forensics and for any dash cam footage.

20 fires in broader district where unable to ascertain a cause – however some remote locations where arson difficult (eg Hardy’s road fire).

Barnawartha North fire lit within visibility of the Hume Freeway.

12. Festivals and Events Events 2018-2019

Secondary Event Date Primary contact Phone contact Phone Lake Hume Cycle Challenge February 23 www.lakehume cyclechallenge.c om.au Mitta Mountain Rally March 3 Collin Elliott 0408 178 214 Circuit Racing – Lake Hume March Belinda 0437 310 688 Antonello Towong Cup Race Meeting March 9 Towong Turf 02 6076 8379 Club Mighty Mitta Muster March 02 6072 4263 0429723 530 Tallangatta A & P Show March 8-9 Roger Lees 0260713330 0427 712 297 Tintaldra Gymkhana Easter Monday Trish McLean 0447 955 280 Mitta Valley Art and Easter Cynthia Stuart 02 6072 4404 Photography Show The Man From Snowy River April 4-7 Jennifer 02 6076 1992 www.bush Bush Festival Boardman festival.co m.au Tallangatta Farm and Water April Charlie 0409 448 950 Expo Trenchard Eskdale Primary School Fete Easter Saturday

Bethanga Gymkhana March Grassroots Motorbikes April 25 - 28 Bush track/camping Towong Upper/

13. General business 6

13.1 Victorian Guidelines for Planning Safe Public Events – discussion and implications.

New guidelines about organising public events on public land. Permits for local government land can be approved by Council. State government land requires a permit from DELWP. If land is leased to a Committee of Management (CoM), but owned by Parks etc, permit still required by CoM from landowner (eg cannot issue to themselves). For example, Cudgewa CoM would need permit from DELWP for festival. Council reviewing application process for permits – requires risk assessments and SWMS, and emergency management plans to be completed prior to approval. CoM can issue permits to independent bodies running festivals on the land under their management.

13.2 Water bombing Aircraft – potential for incidents. Air Crane Helicopter crashed in dam, Gippsland – 29/1/2019 with 3 people on board.

Corryong Airport is active during fire season, and collects from local dams and the Hume Weir – awareness if response needed to similar incident. Should we add Volunteer Response Agency (VRA) to our list of contacts? SES may not be equipped to run water rescue. Lake Hume is NSW jurisdiction however, Tallangatta SES may be paged. Also true for Corryong SES and Murray River rescues. Ambulance Victoria requires water trained paramedics for response (not many available locally). Some come from . State Air desk would be involved in air incidents – EMV??? Need to clarify expectations for Council and this MEMPC. Could also be boat fires, jet ski accidents, boats overturning or passengers overboard which may require response from Lake Hume Coastguard or Volunteer rescue association. MEMPC needs to understand the appropriate control and support agencies. Recent blue/green algae outbreak highlighted state differences whereby NSW reluctant to respond yet impact on Victorian tourism.

13.3 Invite School Bus Coordinators – Corryong and Tallangatta to next MEMP meeting. Corryong: V Bardrick, Tallangatta: Jocelyn Zieval

Discussion with group – what happens to school bus routes during fires – how to alert bus driver/s re unusual traffic movement. Group agreed greater communication helpful during incidents and motion to invite bus coordinators approved: Moved – Sharyn Seconded - Ken

13.4 Vic Roads - Water point at Annandale rd / Murray Valley Highway

7

Creek line – signage re emergency vehicles or local government only

13.5 Essential water replacement – Council involved when essential water taken from private dams for fire-fighting purposes – process requires dam owner to apply to DELWP Melbourne which is then approved and water quantity determined. This is then forwarded to Council who organises delivery of stock or domestic water by own staff or local contractors. Invoice sent back to DELWP regional office. 48 hours turnaround is SLA however may be impractical. Dam owners have 3 months to apply post incident. Aircraft collecting water is tracked so easy to quantify. Fire trucks leave claim form with landowners.

13.6 Ice trafficking through Jingellic plantation (eg between and Guys Forest) – HPV having issues, with recent incident whereby driver ploughed through roadworks, abandoned cars in plantation, criminal activity. Please alert your staff and prevent staff working/travelling alone in this area.

14. New Business

14.1 River road, now tourist road, issues re communications and vehicle accidents. CFA looking to contact Telstra to install a tower to improve reception between Granya and Jingellic. Towong Mayor informed the group that Council can prioritise areas of access and has been liaising with Telstra who have reviewed the area. Priority areas are currently Burrowye, Berringama and Shelley. CFA request to send letters to Telstra, which Council has already undertaken. Emergency services are experiencing time delays in locating accident sites given remoteness and lack of phone reception. The Mayor reports that candidates for the next Indi election have visited Council and are aware of blackspots.

14.2 Parks Victoria raised the issue of aircraft and gravitational hazards that can result when water-bombing fire activity. People or property on the ground risk being hit by load dumped by aircraft. This can cause a mini flash floods. Emergency agencies need to alert their staff. 9 tonnes of water squashed a car in a recent demonstration highlighting the dangers. Please be aware that in fire situations where aircraft are present they may not have contact with ground crews. Some have sirens and sound them first. If aircraft can see people on the ground, they won’t drop their load which is counterproductive to fire suppression. Get out of the way!

8

Dave Jensen also provided feedback regarding an incident where an aircraft experienced a conflict of interest with paragliders drifting over the airfield, which shut down fire operations and this has been dealt with.

14.3 Dates for 2019 meetings are as follows: 15 May, 14 August, 13 November

15. Next Meeting

The next meeting of the MEMP Committee will be confirmed:

Date: 15 May 2019 Time: 10.00 am

Venue: CFA/SES Facility Wagara Street, Tallangatta

Meeting closed 11.15am

9

Appendix 5

Appendix 6

Action and Agreement Record OHS Committee Meeting

Indi Room Date 27 Feb2019 Time 9:00am Venue Tallangatta

Chairperson Wayne Carter Minute Taker Wayne Carter File # 06/04/0212

Present Vicki Pitcher / Ian Moore / Lance Webb / Wayne Carter

Apologies Jamie Heritage / Jo Shannon / Penelope Sell / Deanne Brown / Josh Fleming / Sam Hall / Lou Newman

Points of Discussion Action Taken / Action Required CARS Who When / Status action # 1. Volunteers for next meeting Action and Agreement record (minutes) Wayne Agenda preparation Wayne Chair next meeting Wayne 2. Adopt minutes from previous meeting Moved: Ian Moore Held 16Jan2019 Seconded: Vicki Pitcher

P:\OHS & Risk Management\OHS Committee\Action & Agreement Records\2019 Page 1 of 6

Points of Discussion Action Taken / Action Required CARS Who When / Status action # Working IN the System

3. MATTERS ARISING FROM PREVIOUS MEETINGS

Emergency Evacuation drills (tabled Sep2017) – Emergency Managers have been reminded that they n/a Wayne 20Feb2019 Evacuation drills have not been held for some time – staff may should conduct periodic drills in their areas. 15Mar2019 not be aware of responsibilities and where to evacuate to. Areas where drills are still required:

 Corryong VIC  Tallangatta Office  Tallangatta Library/MCH

Wayne to follow up on remaining areas. Working alone at Corryong Visitor Information Centre (VIC)  Quote received for alarm n/a Samantha 28Feb2019 (tabled Oct2017) – Some volunteers at the VIC have expressed  Tourism Association working with 31Mar2019 concern for their safety when working alone. Samantha to have alarm installed

Asbestos in buildings (tabled Aug2018) – The Victorian  The initial inspection was completed by the 28620 Dolf FY 2019-20 Asbestos Eradication Agency (VAEA) forwarded a request to OHS Officer and a report was forwarded to Council in Apr2018 to inspect buildings on Department of VAEA Environment, Land, Water and Planning (DELWP) Reserves which  An amount to cover the cost of inspections Council are currently responsible for. of identified buildings by a qualified asbestos assessor has been recorded for 2019-20 Budget period 4. OUTSTANDING INCIDENT REPORTS FROM PREVIOUS MEETINGS

There are no outstanding Incidents from previous meetings.

P:\OHS & Risk Management\OHS Committee\Action & Agreement Records\2019 Page 2 of 6

5. REVIEW OF PUBLIC LIABILITY INCIDENTS

Incident No. 847 – Slip / Trip / Fall (reported 18Jan2019) –  Incident was investigated – doubt was Completed resident reported that they had tripped on a sunken Telstra lid raised around location of incident. positioned in the middle of our footpath in Towong Street  Area highlighted with yellow paint and fault Tallangatta on 22Dec2018. Resident submitted a claim for lost has been logged with Telstra. wages due to injury.  No further action required at this stage.

Incident No. 848 – Vehicle accident (reported 30Jan2019) –  Incident reported Jan2019 n/a Wayne 31Mar2019 Resident reported that they had a vehicle accident on one of our  Road was inspected the morning after the roads (Georges Creek Road) on 15Jan2019. They wish to make a incident – photos taken claim for damages.  Claim received 21Feb2019  Incident investigation ongoing

Incident No. 849 – Stitches on wound broken (reported First Aid applied – no further issues. Completed 23Jan2019) – Patron at Tallangatta Pool had stitches in hand, and wound opened during swimming session.

Incident No. 850 – Alcohol consumed in Pool grounds Lifeguard asked the person to leave the Pool Completed (reported 26Jan2019) – Lifeguard reported that a patron was grounds, which they did. No further action drinking alcohol and using offensive language at Tallangatta required. Pool.

Incident No. 854 – Fight at Tallangatta Pool (reported  Adult patron intervened (not with this Completed 03Feb2019) – Lifeguard reported that there was a fight between group) two adult brothers at the Tallangatta Pool.  One brother left the Pool grounds before Lifeguard could see if there was any injury  Others in the party left the Pool not long after  No further action required

Incident No. 856 – Slip / Trip / Fall (reported 10Feb2019) –  Lifeguard applied First Aid. Completed Child at Tallangatta Pool slipped on wet floor in change-room,  Signs placed in change-room re hurting their left elbow. wet/slippery floors.  Children told not to run on wet surfaces.

P:\OHS & Risk Management\OHS Committee\Action & Agreement Records\2019 Page 3 of 6

6. REVIEW OTHER INCIDENT REPORTS SINCE LAST MEETING:

Incident No. 851 – Faecal contamination at Pool (reported  Followed Faecal Incident Response Completed 18Jan2019) – Lifeguard reported faecal matter sighted in Procedure. Tallangatta main Pool.  Pool closed while faecal matter was removed, and Pool dosed/tested.  Reopened when safe.

Incident No. 852 – Mobile Plant (reported 10Jan2019) –  All Operators have been reminded to use Completed Employee reported that while they were digging out a section of spotters if needed in tight spaces, and to footpath with a Backhoe, they struck a fence doing minor take more care. damage to two upright poles.  In this case, it may have been better to hire a smaller piece of Plant.  No further action required.

Incident No. 855 – Faecal contamination at Pool (reported  Followed Faecal Incident Response Completed 04Feb2019) – Lifeguard reported faecal matter sighted in Procedure. Tallangatta main Pool.  Pool closed while faecal matter was removed, and Pool dosed/tested.  Reopened when safe.

7. ACTIVE WORKERS COMPENSATION CLAIMS

Incident No. 822 – Knee injury (reported 12Oct2018) –  Employee reported injury and received Completed Employee was walking in town undertaking Parks and Garden medical treatment. duties when they felt pain in their right knee. No obvious reason  No lost time. why.  Employee continued with normal duties with no restrictions.  No further action required.

P:\OHS & Risk Management\OHS Committee\Action & Agreement Records\2019 Page 4 of 6

Incident No. 836 – Back injury (reported 11Dec2018) –  Employee reported incident and injury, and Completed Employee was removing the air filter from the Grader – they lost received medical treatment and underwent their balance and fell approximately one metre to the ground, scans. landing on their back. Experienced back pain immediately after  Lost nine days of work and returned to incident. work with no restrictions.  No further action required.

Working ON the System

8. IMPROVEMENT OPPORTUNITIES BEING WORKED ON

External Review of Occupational Health and Safety  Action plan addressing gaps has been n/a Vicki / Ongoing Management System (OHSMS) (tabled Jun2018) – External developed and implemented Wayne audit of Towong Shire Council’s OHSMS to be undertaken.  Staff with actions will be notified

 Monthly updates will be tabled at the OHS Committee meetings.

Liability Mutual Insurance (LMI) Mandatory Compliance  Action plan addressing gaps has been n/a Vicki / Ongoing Review (tabled Nov2018) – Our public liability insurer conducted developed and implemented Wayne a biennial review to assess our level of compliance against our  Staff with actions will be notified documented internal policies, Plans, procedures and processes.  Monthly updates will be tabled at the OHS Committee meetings.

Working ON ourselves

9. TRAINING AND PERSONAL DEVELOPMENT

Skills matrix and training plan – Skills Matrix and training plan Skills Matrix and Training Plan for staff is being n/a Janet T/ Ongoing for outdoor workers is being maintained. Skills Matrix and updated as training documents are provided Wayne

Training Plan for all other staff is to be updated. following training.

Mid-budget reviews commenced in December focusing on planned training requirements for the last six months of the Financial Year.

P:\OHS & Risk Management\OHS Committee\Action & Agreement Records\2019 Page 5 of 6

General Business

10. NEW BUSINESS

No new business tabled.

Meeting Closed: 9:30am Next Meeting: Wednesday 20Mar2019 at 9.00am (Indi Room)

P:\OHS & Risk Management\OHS Committee\Action & Agreement Records\2019 Page 6 of 6

Appendix 7

Appendix 8

Appendix 9

Colac Colac Caravan Park

Renewal of lease briefing paper

Prepared by Vicki Pitcher

March 2019

1. Background Many years ago Towong Shire Council (Council) was appointed by the Minister for Energy, Environment and Climate Change (or predecessor) to be the Committee of Management for the Crown land reserve on which the Colac Colac Caravan Park (1994 Murray Valley Highway) is located.

Guidance material from the Department of Environment, Land, Water and Planning provides the following brief summary on the role of such Committees of Management:

“A Crown land reserve is public land that is set aside for the benefit and enjoyment of the people of Victoria. Examples include coastal foreshores, recreation reserves, public halls, and rail trails.

The role of a committee of management is to ‘manage, improve, maintain and control’ an allocated Crown land reserve for the purposes for which it is reserved under the Crown Land (Reserves) Act 1978. The committee is accountable for its actions and decisions to the Minister for Environment, Climate Change and Water.”

In this capacity, Council has entered into a Crown land lease for the operation of the Colac Colac Caravan Park. The current lessees, effective since 2014, are Paul and Melissa Dally.

Towong Shire Council has received a request from Securitec (law firm) acting on behalf of the lessees to open discussions regarding their lease agreement. Specifically, the request seeks a new 21-year Crown Land lease. The existing lease commenced 1 October 2007 and will terminate 30 September 2025. The lease has transferred to new lessees on more than one occasion during the term of the lease.

The decision to offer a new lease to the existing lessees rests with the Minister for Energy, Environment and Climate Change. The Minister has delegated this responsibility to specified officers in the Department of Environment, Land, Water and Planning (DELWP). Council acts as the Committee of Management for the land and do not have the authority to make such a decision. Council can elect to provide in-principle support for the request from the lessees to enter into direct negotiations which would circumvent the need to undergo a competitive tender process.

2. History of tenancy Leasing of crown land follows principles outlined in legislation and requires Ministerial approval, a competitive selection process and adherence to specified terms and conditions. Typically leases are granted for 21 years which is considered sufficient to accommodate the purposes of most leases. From time to time, the Minister may grant a lease longer than 21 years after consideration of a comprehensive business case from the proponent/s. Leases may also provide for options for further terms.

The table below illustrates the recent tenancy history for the Colac Colac Caravan Park.

Lessees Date lease commenced or transferred Lorna Rapsley, Brenda Bishop, Daniel Bishop (Colac New lease commenced 1 December 2007 Colac Trust) Phil Geier Lease transferred in December 2010 Paul and Melissa Dally Lease transferred in December 2014

1 of 7

3. Existing lease conditions The existing lease operates with a number of terms and conditions that are required to be met in order for the lease to continue. These conditions include:

 Payment of nominated rent and associated rates, taxes and outgoings (refer Appendix A)  Undergoing a regular rent review based on market value  Adherence to permitted uses for the premises  Right of inspection by Council  Compliance with all relevant laws and regulations  Maintenance and repairs to ensure the premises are kept in good working order, and clean and tidy  Operating the park and accommodation to a specified minimum standard including appropriate customer service management  Holding appropriate insurance policies  Undertaking capital improvements and maintaining capital contributions for the life of the lease outgoings (refer Appendix B)

The Capital Works Program is an integral component in the existing lease and will be fundamental in the determination of a new lease, if so agreed.

4. Criteria to determine future lease For the Minister to grant an exemption to the competitive tender process, the lessees must demonstrate that direct negotiations would achieve a better outcome to serve community interests. As per the Crown Land Leasing Policy, the following circumstances may justify direct negotiations:

 Where, after an assessment of the site, it can be determined that direct negotiation with a prospective tenant would maximise benefits to the community and/or government (for example the site is currently occupied by a community group that has acted as a good tenant); or  When the current market rental value of a property is low relative to the cost of conducting a competitive process; or  When an appropriate competitive process has not produced a satisfactory outcome; or  When it is clear beyond reasonable doubt that there is only one prospective tenant for a property asset; or  When the lease is short term and does not include obligations on the tenant to carry out capital works; or  Where there is evidence that conducting a competitive process may place a project of regional or state significance at risk; or  Where the only practical access is available from adjoining land owned by the proponent; or  When it can be demonstrated that the process of selection will be open, fair and impartial.

Council Officers met recently with representatives from DELWP who outlined the steps required before a request for a new lease would be considered. These steps include:

1. Development of a Management Plan that outlines how the asset will be maintained and developed over time to align with Council Plan priorities 2. Completion of a Land Capability Assessment to determine if the proposed growth can be supported by the facilities/infrastructure 3. Presentation of a Business Case by the lessees illustrating how they intend to meet the objectives of the Council Management Plan

2 of 7

A business case prepared by the proponent would need to provide comprehensive details of:

 the strategic importance of the proposal to the region;  the environmental, social and economic costs and benefits of the lease; and  the capital outlays proposed and term proposed to amortise investment;

A commitment to considerable capital improvement of the site by the proponent would be a strategic driver in determining to grant a new lease as this would contribute significantly to Council assets into the future. Any capital improvement would also benefit the Shire with associated tourism and flow on effects for local businesses.

5. Proposal by lessees The submission put forward by the lessees indicates a future commitment to:

a. Development of an approved land management plan b. Development of an approved obligatory capital works plan c. Development of an approved discretionary capital works plan d. Development of approved maintenance programs e. Commitment to enter into an agreed opening commercial rent f. Sufficient detailed planning to ensure the caravan park and Crown land is continually updated and maintained over the entire tenure of the Crown lease.

In addition, the submission includes a contractual undertaking to self-fund all agreed capital works and work in a “spirit of co-operation with Council”. This undertaking indicates that future management of the land upon which the caravan park is located will be cost neutral to Council.

The request from Securitec seeks in-principle support of Council to enter into direct negotiations with the incumbent tenant pursuant to the State Government policy. This support will give the tenant some confidence to incur the costs of researching, drafting and preparing the submission to be presented to Council at a later date. The support is without obligation and provides no guarantee of any outcome.

The meeting between Council Officers and representatives from DELWP to gauge appetite for the proposed exemption was not conclusive, however it does appear that the presentation of a thorough and comprehensive business case by the proponent would be favourably received. A key risk highlighted by DELWP representatives was in relation to the potential for a lessee being granted a new Crown land lease, thereby increasing the value of their asset holding, and the lessee promptly proceeding with a sale of the business and the new lease.

6. Other considerations

Grant funding A recent funding application was successful in securing $400,000 from the third round of the federal Building Better Regions Fund (BBRF) for Colac Colac Caravan Park revitalisation (total project value $800,000). The financial commitment to this project includes brought forward capital contributions by the lessees under the existing lease. The grant will enable the construction of new amenities (male, female and disabled), a new multi-purpose camp kitchen, a new children’s playground, the conversion of old amenities to a games room and the conservation of significant established trees.

3 of 7

It is expected that a commitment to capital improvements in order to secure a new lease would be in addition to already funded projects. The brought-forward capital contributions (to support the BBRF funding application) detailed above, may be considered as part of the capital commitment for a new lease, where they have not yet become payable. The value of this contribution is currently not known because the timing is not clear.

Re-letting prospects An independent valuation (LG Valuation Services) was undertaken in August 2017 corresponding with a scheduled rent review. The valuation report noted that re-letting prospects were reasonable with potential tenants in the market assuming the property is appropriately marketed and rent is in-line with market expectations. Whilst the existing tenant has proved reliable and has invested in development of the park, it is therefore possible that Council would attract other interest in the open market.

Market value rent The valuation report recommended a significant increase in rental payable after comparing Colac

Colac Caravan Park to a large number (14) of similar properties across regional Victoria. In 2017 the tenants were paying $27,220 per annum however the valuation report determined the market net rent IN CONFIDENCE to be at least $53,550 per annum. The tenants initially objected to this large increase but subsequently a staged implementation over a 3 year period was agreed.

Identified potential hazards The valuation report noted potential risks on site for future consideration. 1. Site subject to flood overlay 2. Compliance of the fire services 3. Compliance of the children’s playground - this will be addressed by BBRF grant

Any future negotiations with the lessees could include management of potential hazards.

Refusal to provide in-principle support One risk Council faces in refusing to provide the requested in-principle support may be a lack of motivation by the existing tenant to improve or maintain infrastructure as the remaining lease term reduces and/or to continue a high standard of customer service.

7. Next steps Council has a number of options to consider which include:

A. Provide in-principle support as requested to enter into direct negotiations with the existing lessees and commence development of a Management Plan and Land Capability Assessment for the Crown land reserve on which the Colac Colac Caravan Park is located or B. Continue with existing lease until 2025 and then proceed with open tender for a new Crown land lease or C. Negotiate with DELWP to commence EOI and/or open tender before 2025 that would permit the existing tenant to engage in a competitive process for a new Crown land lease or

4 of 7

D. Delay a decision pending establishment of future requirements for the Crown land reserve, development of a Management Plan and a Land Capability Assessment with a view to reconsidering the lessees’ proposal later in 2019 or E. Delay a decision pending completion of the upgrade that has been funded by the Australian Government (through the Building Better Regions Fund), the lessee (by recognising future lease contributions) and Council (by recognising future lease contributions and an additional $240,000 of Council funds).

8. Legislation governing Crown land leasing in Victoria1

Crown Land (Reserves) Act 1978 (Vic) The Crown Land (Reserves) Act 1978 enables reservation of land for a range of public purposes, stipulates how reserved land must be dealt with and prescribes some governance arrangements for committees of management appoint to manage reserved land.

Land Act 1958 (Vic) This Act deals with sale, grants and occupation of Crown Land in Victoria. Examples of ‘occupation’ include leases for community, commercial and industrial purposes.

Forests Act 1958 (Vic) This Act establishes the framework for the management, use and conservation of forests. It also contains provisions for leasing and licensing of reserved forest by the Minister.

Retail Leases Act 2003 (Vic) This Act is the main governing legislation for retail leasing in Victoria. Leases for retail premises on Crown land granted under Crown land legislation must comply with the requirements of the Retail Leases Act 2003. In this instance, the Colac Colac Caravan Park is exempt from the Retail Leases Act.

9. References

Leasing Policy for Victorian Crown Land, May 2018, DELWP Crown Land Leasing Guidelines 2012, Department of Sustainability and Environment

1 Leasing Policy for Victorian Crown Land, May 2018, DELWP

5 of 7

Appendices

Appendix A - Lease rental

Lease rental is charged under the existing Crown land lease with five yearly rent reviews. The most recent rent review was conducted in 2018. A market rent valuation was obtained which provided a significant increase in the rent to be charged. Following negotiations with the lessee it was agreed to phase the increase in over three years commencing in the next rental year.

The following table and chart detail the actual annual lease rental by year followed by the estimated rental under the transition arrangements.

2014 2015 2016 2017 2018 2019 2020 2021

Actual Actual Actual Actual Actual Forecast Forecast Forecast

$ $ $ $ $ $ $ $ Lease rental 24,139 24,404 24,746 25,293 25,293 36,245 47,218 59,682 (excl. GST)

Lease rental $70,000 IN CONFIDENCE

$60,000

$50,000

$40,000

$30,000

$20,000

$10,000

$0 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Actual Actual Actual Actual Actual Actual Actual Actual Forecast Forecast Forecast

The next rent review is due in 2022/23.

6 of 7

Appendix B - Capital contributions

The lease provides for capital contributions to be made by both the lessor and the lessee. The following table and chart detail the actual annual capital contributions by year followed by the estimated capital contributions into the future.

2014 2015 2016 2017 2018 2019 2020 2021

Actual Actual Actual Actual Actual Forecast Forecast Forecast $ $ $ $ $ $ $ $ Capital contribution 17,541 18,102 18,301 18,558 18,966 19,393 19,878 20,375 - lessee Capital contribution 17,541 10,000 10,200 10,343 10,570 10,808 11,078 11,355 - lessor Total capital 35,082 28,102 28,501 28,901 29,537 30,201 30,956 31,730 contributions IN CONFIDENCE

Capital contributions $40,000 $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 $0

Capital contribution - lessee Capital contribution - lessor

7 of 7