ORDINARY COUNCIL MEETING AGENDA Tuesday, 13 September 2016 to be held at Mortlake Council Offices 1 Jamieson Avenue, Mortlake Commencing 4.30pm Page 1 Page 2 Audio Recording of Council Meetings Please note: All open Council meetings will be audio recorded, with the exception of matters identified as confidential items in the agenda. This includes public participation sections of the meeting. Audio recordings of meetings will be held by the Council and made available to members of the public upon written request to the Council, with recordings to be kept for a period of seven years. By participating in open Council meetings, individuals consent to the use and disclosure of the information that they share at the meeting (including any personal/sensitive information), for the purposes of Council carrying out its functions. Individuals also consent to the disclosure of that information to any person(s) who applies/apply to the Council and is granted access to the audio recording of the meeting. INDEX MANAGEMENT REPORTS Governance 1. Assemblies of Councillors .................................................................................................... 5 Community and Corporate Support 2. Performance Report ….………….....………………………………….…..…………………….. 9 3. Policy Manual Review – Delegation Policy …………..………………………………..... 11 Sustainable Development 4. Planning Permit PL16/008 – 30 College Street, Port Fairy - Two lot subdivision and buildings and works to construct a carport ……………………………………………….…….. 15 Planning Permit PL07/057.02 and Planning Permit PL13/061.01 – Mailors Flat 5. Relocatable Units …………………………………………………………………………………... 31 6. Amendment C61 – Mortlake Heritage ………………………………………………………….... 41 7. Cumbungi Control at Tea Tree Lake Mortlake ………………………………………………….. 47 8. Road Occupation Policy …………………………………………………………………………… 53 9. 2016 Bushfire Mapping and Policy Update – Department of Environment Land Water and Planning ………………………………………………………………………………... 57 10. United Dairyfarmers of Victoria’s campaign for power infrastructure upgrades – Request for Council Support ……………………………………………………………………… 63 Physical Services 11. Primmers Road – Petition ……………………….……..…………………………………………. 65 12. Koroit Youth Space Design ……………………………………………………………………….. 67 13. Regional Cultural Partnership Program 2016 – 20 …………………………………………….. 69 COMMITTEE RECOMMENDATIONS Audit & Risk Management Committee – 14. Annual Financial Report and Performance Statement 2015-2016…………….……………... 73 Audit & Risk Management Committee – 15. 3 Year Internal Audit Plan ………………………..……………………………………………… 75 Conservation and Environment Committee - 16. Council-Community Carbon Offset Program …………………………………………………… 77 COUNCILLOR ITEMS 17. Mayoral & Councillors' Reports ………….…………………………………….…………………. 83 18. Councillor Notices of Motion − Budget Variation Mortlake and Macarthur Swimming Pools – Cr Goodall ………..…….. 85 19. Personal Explanations ……..……………………………….………………………………..……. 87 20. Urgent Business ………….………………………………………………………………………… 89 CHIEF EXECUTIVE REPORT 21. Activities Report ………………………………………………………………………….. 91 TAPING OF COUNCIL MEETINGS Please note that today’s meeting is being audio recorded. This recording will be made available to any member of the public on written request to the Council. The record will be kept and be made available for a period of seven years. By participating in and addressing those present at the meeting, you consent to any information you disclose (including any personal information or sensitive information) being recorded, and that recording being made available to any person who applies to the Council and is granted access to the audio recording of the meeting Prayer Almighty God, we humbly beseech your blessing on the Council, direct and prosper its deliberations for the welfare of the people of the Moyne Shire. AMEN Apologies MOTION (if required) That an apology be received from Cr ……………………. Ordinary Council Meeting – 13 September 2016 Page 1 Declaration of Interest Local Government Act 1989 Section 79 (2): A Councillor or member of a special committee who has a conflict of interest and is attending the meeting of the Council or special committee must make a full disclosure of that interest: (a) by either: (i) Advising the Council or special committee at the meeting of the details required under paragraph (b) and (c) immediately before the matter is considered at the meeting; or (ii) Advising the Chief Executive Officer in writing of the details required under paragraphs (b) and (c) before the meeting; and (b) Classifying the type of interest that has given rise to the conflict as either: (i) A direct interest: or (ii) An indirect interest and specifying the particular kind of indirect interest under Section 78, 78A, 78B, 78C,78D or 78E; and (c) Describing the nature of the interest; and (d) If the Councillor or member advised the Chief Executive Officer of the details under paragraph (a) (ii), the Councillor or member must make a disclosure of the class of interest only to the meeting immediately before the matter is considered at the meeting. Confirmation of Minutes Ordinary Council Meeting held on Tuesday, 23 August 2016 RECOMMENDATION That the Minutes of the Ordinary Council Meeting held on 23 August 2016 be confirmed. Ordinary Council Meeting – 13 September 2016 Page 2 Public Participation Members of the public attending the monthly Council Ordinary Meeting may address the meeting in respect of either: a) any item listed in the business paper; or b) any other matter relevant to the activities and projects of the Council. Any person wishing to address the Council must submit details in writing of the nature of the issue / question they wish to raise by 12 noon on the Monday prior to the meeting day. The public participation segment for each meeting will be held at the beginning of the Council meeting commencing at 4.30 pm. Any matters raised at a public participation session will be considered by the Council at the subsequent Council meeting. The matters will be considered after the confirmation of minutes of previous meetings and be considered in the order they were raised at the public participation session. Public participation attendees registered at time of printing: • None at time of printing Ordinary Council Meeting – 13 September 2016 Page 3 Ordinary Council Meeting – 13 September 2016 Page 4 GOVERNANCE 1. Assemblies of Councillors Presented by David Madden Report author Lesley Cook Attachment(s) Nil OFFICER'S RECOMMENDATION That Council receives and notes the records of the listed Assemblies of Councillors covering the period 13 August 2016 to 2 September 2016. 15 August 2016 - Macarthur Wind Farm Community Engagement Committee (CEC) meeting Matters considered - Status of Wind Farm information signage for Macarthur and Hawkesdale townships. - AGL Macarthur Wind Farm Community Fund. - Status of Round 2 noise monitoring report assessment. - Status of the assessment of environmental reports submitted by AGL. - Proposed maintenance shutdown. - Outcome of advertising for CEC community representative nomination. Councillors present Cr Doukas, Cr Ryan Staff present Ms Askew-Thornton Conflict of Interest None declared. 18 August 2016 – Mortlake Streetscape Committee Meeting Matters considered 1. Apologies 5. Project timelines 2. Declaration of Interest 6. Ongoing consultation 3. Correspondence 7. Fundraising 4. Project Progress 8. General Business Councillors present Cr Goodall, Cr Parker Staff present Mr Greenberger, Mr Jagaskanda Conflict of Interest None declared. 23 August 2016 – Port Fairy Planning permit site visit Matters considered PL16/008 College Street, Port Fairy Councillors present Cr Doukas, Cr Goodall, Cr Leutton, Cr Parker, Cr Ryan, Cr Wolfe Staff present Mr Moles, Mr Bergman, Ms Power Conflict of Interest None declared. Ordinary Council Meeting – 13 September 2016 Page 5 Governance Assemblies of Councillors (cont'd) SYNOPSIS • This report details Assemblies of Councillors that have taken place since the matter was last reported to Council in August 2016. BACKGROUND • In accordance with section 80A(2) of the Local Government Act 1989 Council is required to report as soon as practicable to an Ordinary Meeting of Council a record of any Assemblies of Councillors held. STRATEGIC LINK • Moyne Shire Council Plan 2013 - 2017 Key Result Area 1 Governance: ‘Improve our processes and operating systems’ DISCUSSION • Amendments to the Local Government Act 1989 (the Act) require records of Assemblies of Councillors to be reported to an Ordinary Meeting of Council and recorded in the Minutes of that meeting. • An Assembly of Councillors is defined in section 76AA of the Act. It is a meeting at which matters are considered that are intended or likely to be the subject of a Council decision or the exercise of delegated authority and which is either of the following: a planned or scheduled meeting that includes at least half the Councillors and at least one Council Officer. These assemblies do not include meetings of Councillors and Council staff that are not planned or scheduled A meeting of an advisory committee where at least one Councillor is present. An advisory committee is any committee established by the Council, other than a special committee, that provides advice to the Council or to a special committee or to a member of Council staff who has been delegated a power or duty or function of the Council. • A record must be kept of an Assembly of Councillors and include the names of all Councillors and Council staff attending, the matters considered,