HINDMARSH SHIRE COUNCIL COUN CIL MEETING MINUTES 19 AUGUST 2020 MINUTES OF THE COUNCIL MEETING OF THE HINDMARSH SHIRE COUNCIL HELD 19 AUGUST 2020 AT THE NHILL MEMORIAL COMMUNITY CENTRE, 77-79 NELSON STREET, NHILL COMMENCING AT 3:00PM. AGENDA 1. Acknowledgement of the Indigenous Community and Opening Prayer 2. Apologies 3. Confirmation of Minutes 4. Declaration of Interests 5. Public Question Time 6. Correspondence 7. Assembly of Councillors 7.1 Record of Assembly 8. Planning Permit Reports 8.1 Application for Planning Permit PA1673-2020 – Two Lot Subdivision in a Farming Zone at 200 E Judds Road, Yanac VIC 3418 8.2 Application for Planning Permit PA1671-2020 – Use for a Place of Assembly (Silos Viewing Area, Car Park and Access Track) – Albacutya Road Rainbow VIC 3424 (Crown Allotment 3M, Parish of Albacutya) 9. Reports Requiring a Decision 9.1 Governance Rules 9.2 Draft Public Transparency Policy 9.3 Councillor Expense Entitlements Policy 9.4 Conflict of Interest Policy Page 1 of 69 HINDMARSH SHIRE COUNCIL COUN CIL MEETING MINUTES 19 AUGUST 2020 9.5 Section 86 Committee Transition 9.6 Delegations 9.7 Financial Report for the Period Ending 30 June 2020 9.8 Domestic Animal Management Plan 2017-2021 Annual Review 9.9 Planning Policy Framework Translation 10. Special Committees 10.1 COVID-19 Revitalization Reference Group Minutes 11. Late Reports 12. Urgent Business 13. Confidential Matters 13.1 Hardship Application 13.2 Contract No. 2020-2021-01 – Panel for the Provision of Town Planning and Associated Services 13.3 Chief Executive Officer Appraisal 2019/20 14. Meeting Closed Page 2 of 69 HINDMARSH SHIRE COUNCIL COUN CIL MEETING MINUTES 19 AUGUST 2020 Present: Crs R Gersch (Mayor), D Colbert (Deputy Mayor), R Ismay, R Lowe, D Nelson, T Schneider. In Attendance: Mr Greg Wood (Chief Executive Officer), Ms Monica Revell (Director Corporate and Community Services), Ms Angela Hoy (Director Infrastructure Services), Ms Shauna Johnson (Executive Assistant), Ms Helen Thomson (Manager Governance and Human Services), Mr Jeff Woodward (Tourism and Economic Officer). 1. ACKNOWLEDGEMENT OF THE INDIGENOUS COMMUNITY AND OPENING PRAYER Cr R Gersch opened the meeting at 3:00pm by acknowledging the Indigenous Community and offering the opening prayer. 2. APOLOGIES No apologies. 3. CONFIRMATION OF MINUTES RECOMMENDATION: That the Minutes of the Ordinary Council Meeting held on Wednesday 15 July 2020 at the Nhill Memorial Community Centre, 77-79 Nelson Street Nhill as circulated to Councillors be taken as read and confirmed. Moved: CRS T Schneider/R Ismay That the Minutes of the Ordinary Council Meeting held on Wednesday 15 July 2020 at the Nhill Memorial Community Centre, 77-79 Nelson Street Nhill as circulated to Councillors be taken as read and confirmed. CARRIED Attachment: 1 Page 3 of 69 HINDMARSH SHIRE COUNCIL COUN CIL MEETING MINUTES 19 AUGUST 2020 4. DECLARATION BY COUNCILLORS OR OFFICERS OF ANY DIRECT OR INDIRECT INTEREST IN ANY ITEM ON THE AGENDA. Direct; or Indirect interest a ) by close association; b ) that is an indirect financial interest; c ) because of conflicting duties; d ) because of receipt of an applicable gift; e ) as a consequence of becoming an interested party; or f ) because of an impact on residential amenity. Declaration of direct or indirect interest must also be advised by Councillors at the commencement of discussion of the specific item. 5. PUBLIC QUESTION TIME Community members wishing to ask questions at council meetings may do so, in writing, at least 24 hours prior to the council meeting. Both the question and answer will be read out at the meeting. Questions may be submitted by mail, email [email protected] or delivered in person to a council customer centre but are limited to two questions and 100 words including any pre-amble. Offensive, trivial and repetitive questions or questions, which have been recently answered, may be excluded at the discretion of the Mayor. The question must be accompanied by a name and the locality where the questioner resides or works which will be read out at the meeting. By submitting a question, the questioner gives consent to this information being read out in public. Anonymous questions will not be answered. Question 1 – Alison Dahlenburg Nhill Public Questions time, 24th June meeting minutes. The answer to Q 1, appears to be incorrect, and about “Hindmarsh Shire Council CEO Delegations (18th March)” rather than “Hindmarsh Shire Council Instrument of appointment and authorisation, (Planning and Environment ACT 1987)(13th May)” Could Council please explain what Council Staff are permitted to do under this delegation, (According to May 13th council minutes this applies to staff members; Gagandeep Kaur, Greg Wood, Helen Thomson, Monica Revell and Peter Rudge) A clear definition of the purpose of this delegation would be appreciated, and how it will be executed by staff. Answer: The question was misinterpreted due to the reference to the word delegation in the question. The report itself was a list of authorisations. The late report authorised Council Officers to undertake administration and enforcement under the Planning and Environment Act 1987, which establishes a framework for planning the use, development and protection of land in Victoria. Page 4 of 69 HINDMARSH SHIRE COUNCIL COUN CIL MEETING MINUTES 19 AUGUST 2020 The purpose of this authorisation is so that Authorised officers are able to investigate complaints regarding planning matters and institute proceedings for offences against the Act and Regulations. 6. CORRESPONDENCE 6.1 GENERAL CORRESPONDENCE Responsible Officer: Chief Executive Officer Attachment Numbers: 2 & 3 Introduction: The following correspondence is tabled for noting by Council Inwards: 30/07/2020 – Letter received from Dr Anne Webster Re: Letter to The Hon Alan Tudge 06/08/2020 – Letter received from the Hon Ben Morton MP on behalf of the Prime Minister Scott Morrison Re: Australian Government’s Stimulus Packages 07/08/2020 – Letter received from Emma Kealy Re: Medical and Immigration Examination Testing 10/08/2020 – Letter to The Hon David Coleman MP from West Wimmera Health Service Re: Medical and Immigration Examination Testing in Victoria’s Wimmera Region 10/08/2020 – Letter to Dr Anne Webster from West Wimmera Health Service Re: Medical and Immigration Examination Testing in Victoria’s Wimmera Region Outwards: 28/07/2020 – Letter to Wimmera Health Care Group Re: Medical and Immigration Examinations in Wimmera 28/07/2020 – Letter to Wimmera Development Association Re: Medical and Immigration Examinations in Wimmera 28/07/2020 – Letter to West Wimmera Health Service Re: Medical and Immigration Examinations in Wimmera 28/07/2020 – Letter to Nhill Neighbourhood House Re: Medical and Immigration Examinations in Wimmera 28/07/2020 – Letter to Luv-A-Duck Re: Medical and Immigration Examinations in Wimmera 28/07/2020 – Letter to The Hon David Coleman MP Re: Medical and Immigration Examinations in Wimmera 28/07/2020 – Letter to Dr Anne Webster MP Re: Medical and Immigration Examinations in Wimmera 28/07/2020 – Letter to Emma Kealy Re: Medical and Immigration Examinations in Wimmera 28/07/2020 – Letter of congratulations to the Wimmera Mail-Times Page 5 of 69 HINDMARSH SHIRE COUNCIL COUN CIL MEETING MINUTES 19 AUGUST 2020 RECOMMENDATION: That Council notes the attached correspondence. MOVED: CRS R Lowe/D Colbert That Council notes the attached correspondence. CARRIED Attachments: 2 & 3 7. ASSEMBLY OF COUNCILLORS Responsible Officer: Chief Executive Officer Attachment Number: 4 Introduction: The attached Assembly of Councillors Record is presented as an attachment to the Council agenda for the information of Councillors and recorded at the Council meeting as required under s80A Local Government Act 1989. RECOMMENDATION: That Council accepts the Assembly of Councillors Record as presented. MOVED: CRS D Colbert/R Lowe That Council accepts the Assembly of Councillors Record as presented. CARRIED Attachment: 4 Page 6 of 69 HINDMARSH SHIRE COUNCIL COUN CIL MEETING MINUTES 19 AUGUST 2020 8. PLANNING PERMITS 8.1 APPLICATION FOR PLANNING PERMIT PA1673-2020 – TWO LOT SUBDIVISION IN A FARMING ZONE AT 200 E JUDDS ROAD, YANAC VIC 3418 Responsible Officer: Director Infrastructure Services File: Planning – Applications Assessment: 163600 Applicant: Chris Jarred Owner: Jarred Pty Ltd Subject Land: Lots 1 and 2 on Title Plan 005119K, 200 E Judds Rd Yanac Proposal: 2 lot subdivision in the Farming Zone Zoning & Overlays: Farming Zone (FZ) No Overlays. Attachment Number: 5 - Plan of Proposed Subdivision and aerial Summary: This report recommends that Council approve planning application PA1673-2020 to allow for a two lot subdivision at Lots 1 and 2 on Title Plan 005119K, 200 E Judds Road, Yanac, VIC 3418. Background: Planning permit application PA1673-2020 was lodged with Council on 24 July 2020 with payment made on 03 August 2020. The application was assessed on its Town Planning and Engineering merits and no further information was required from the applicant. Proposal Details: The application proposes a 2 lot subdivision of the land in order to excise the dwelling and sheds from the farmland. Proposed Lot 1 has an area of 4.77ha and will contain the existing dwelling and sheds. Access to proposed Lot 1 will be taken from the existing crossover to E Judds Road to the south. Proposed Lot 2 has an area of 124.7ha and will contain farmland used for cropping. A condition will be applied to the permit that access to proposed Lot 2 is to be taken from the all-weather road being E Judds Road to the south. The applicant has advised that the proposed subdivision does not propose any new development and no vegetation will be removed to facilitate the proposed subdivision. All of the proposed lots will be serviced by existing infrastructure and utilities. Page 7 of 69 HINDMARSH SHIRE COUNCIL COUN CIL MEETING MINUTES 19 AUGUST 2020 Requirement for Permit: A planning permit is required under Clause 35.07-3 – Farming Zone of the Hindmarsh Planning Scheme to subdivide land.