MINUTES Ordinary Meeting of Council 6 .00pm Wednesday 10 August 2016 *** Broadcast live on Phoenix FM 106.7 *** VENUE: Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo NEXT MEETING: Wednesday 31 August 2016 Bendigo Town Hall Copies of the City of Greater Bendigo Council’s Agendas & Minutes can be obtained online at www.bendigo.vic.gov.au PAGE 1 This Council Meeting is conducted in accordance with Local Law No. 8. It is an offence for any person to engage in improper or disorderly conduct at the meeting. Council Vision Greater Bendigo - Working together to be Australia's most liveable regional city. Council Values Council wants the community to continue to have reason to be proud of the city and will do this through: Transparency - Information about Council decisions is readily available and easily understood; Efficiency and effectiveness - Council provides services based on evidence of need and demonstrates continuous improvement in the delivery of services; Inclusion and consultation - Council uses a range of engagement strategies to ensure community members can understand and take part in discussion that informs the development of new strategies and actions; Clear decisive and consistent planning - In a rapidly growing municipality, Council undertakes to plan effectively for our long-term future; Respect for community priorities and needs - Council will advocate for improved services for community members and will consider community impact and feedback the decisions it makes. Themes 1. Planning for Growth 2. Presentation and Vibrancy 3. Productivity 4. Sustainability 5. Leadership and Good Governance PAGE 2 ORDINARY MEETING WEDNESDAY 10 AUGUST 2016 ORDER OF BUSINESS: ITEM PRECIS PAGE ACKNOWLEDGEMENT OF COUNTRY 5 PRAYER 5 PRESENT 5 APOLOGIES 5 SUSPENSION OF STANDING ORDERS 5 PUBLIC QUESTION TIME 6 RESUMPTION OF STANDING ORDERS 6 DECLARATIONS OF CONFLICT OF INTEREST 7 CONFIRMATION OF MINUTES 8 1. PETITIONS AND JOINT LETTERS 22 1.1 PETITION: REQUEST FOR SEALING OF MYRTLE CREEK 22 ROAD, AXE CREEK 2. PLANNING FOR GROWTH 25 2.1 PLANNING SCHEME AMENDMENT C221 - BENDIGO 25 URBAN FLOOD STUDY - CONSIDER SUBMISSIONS AND REFER TO PANEL 2.2 MINISTERIAL PLANNING SCHEME AMENDMENT GC49 - 41 HOSPITAL HELICOPTER FLIGHT PATH PROTECTION- FOR INFORMATION AND SUPPORT 2.3 1/93 GARSED STREET, BENDIGO - PARTIAL DEMOLITION 49 (ROOF TRUSSES AND REAR WALL) 2.4 440 SEDGWICK ROAD, SEDGWICK - THE SUBDIVISION 58 OF LAND INTO 2 LOTS 2.5 REVIEW OF PLANNING FEES - SUBMISSION BY THE CITY 67 OF GREATER BENDIGO 3. PRESENTATION AND VIBRANCY 72 3.1 FUTURE USE OF CROWN LAND AT VICTORIA STREET, 72 EAGLEHAWK PAGE 3 3.2 KAMAROOKA AND DISTRICT COMMUNITY PLAN 83 3.3 BARRACK RESERVE REDEVELOPMENT 87 4. PRODUCTIVITY 93 5. SUSTAINABILITY 93 6. LEADERSHIP AND GOOD GOVERNANCE 94 6.1 REPORT OF THE INDEPENDENT ARBITER 94 6.2 REVIEW OF THE LOCAL GOVERNMENT ACT - 97 DIRECTIONS PAPER SUBMISSION - JULY 2016 6.3 CHANGE TO BUSHFIRE PLACE OF LAST RESORT - 104 NEIGHBOURHOOD SAFER PLACE AT CANTERBURY PARK, EAGLEHAWK 6.4 RECORD OF ASSEMBLIES 109 6.5 CONTRACTS AWARDED UNDER DELEGATION 114 7. URGENT BUSINESS 115 8. NOTICES OF MOTION 115 9. COUNCILLORS' REPORTS 115 10. MAYOR'S REPORT 116 11. CHIEF EXECUTIVE OFFICER'S REPORT 117 12. CONFIDENTIAL (SECTION 89) REPORTS 118 12.1 Confidential Report in accordance with Section 89(2)(a) 118 and (d) of the Local Government Act 1989, relating to a personnel and contractual matter. 12.2 Confidential Report in accordance with Section 89(2)d) of 118 the Local Government Act 1989, relating to a contractual matter. 12.3 Confidential Attachment in accordance with Section 118 89(2)(a) and (h) of the Local Government Act 1989, relating to a personnel matter and any other matter which the Council or special committee considers would prejudice the Council or any person. ____________________________ CRAIG NIEMANN CHIEF EXECUTIVE OFFICER PAGE 4 Ordinary Meeting - 10 August 2016 ACKNOWLEDGEMENT OF COUNTRY PRAYER PRESENT Cr Rod Fyffe Cr Rod Campbell Cr Peter Cox Cr Elise Chapman Cr Helen Leach Cr Barry Lyons Cr Lisa Ruffell (part) Cr Mark Weragoda Cr James Williams Mr Craig Niemann (Chief Executive Officer) Ms Prue Mansfield (Director, Planning and Development) Mr Michael Smyth (A/Director, Community Wellbeing) Mr Terry Karamaloudis (A/Director, City Futures) Ms Kerryn Ellis (Director, Organisation Support) Mr Ian Couper (Interim Director, Presentation and Assets) Mr Peter Davies (Manager, Executive Services) Mrs Alison Campbell APOLOGIES Cr Lisa Ruffell (arrived 6:35pm) SUSPENSION OF STANDING ORDERS That Standing Orders be suspended to allow the conduct of Public Question Time. RESOLUTION Moved Cr Weragoda, seconded Cr Lyons. That Standing Orders be suspended to allow the conduct of Public Question Time. CARRIED PAGE 5 Ordinary Meeting - 10 August 2016 PUBLIC QUESTION TIME RESUMPTION OF STANDING ORDERS That Standing Orders be resumed. RESOLUTION Moved Cr Weragoda, seconded Cr Leach. That Standing Orders be resumed. CARRIED CR CAMPBELL'S REPORT Cr Campbell reported on his attendance at the following meeting and events: Attended the workshop relating to the Local Government Act Directions Paper; participated in a Phoenix FM radio interview; attended the opening of Marist Brothers College at Maiden Gully; attended the Ward meeting at Axedale and attended a meeting of the Fosterville Gold Environmental Review Committee. PAGE 6 Ordinary Meeting - 10 August 2016 DECLARATIONS OF CONFLICT OF INTEREST Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as amended) direct and indirect conflict of interest must be declared prior to debate on specific items within the minutes; or in writing to the Chief Executive Officer before the meeting. Declaration of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a Declaration in writing, the classification of the interest must still be declared at the meeting), i.e. (a) direct financial interest (b) indirect interest by close association (c) indirect interest that is an indirect financial interest (d) indirect interest because of conflicting duties (e) indirect interest because of receipt of an applicable gift (f) indirect interest as a consequence of becoming an interested party (g) indirect interest as a result of impact on residential amenity (h) conflicting personal interest A Councillor who has declared a conflict of interest, must leave the meeting and remain outside the room while the matter is being considered, or any vote is taken. Councillors are also encouraged to declare circumstances where there may be a perceived conflict of interest. Cr Rod Fyffe declared a conflict of interest relating to item 3.1. Cr Fyffe has an indirect interest because of conflicting duties as he is a member of the Cemetery Trust Board. Cr Lisa Ruffell declared a conflict of interest relating to item 3.1. Cr Ruffell has an indirect interest because of conflicting duties as she is a member of the Cemetery Trust Board. PAGE 7 Ordinary Meeting - 10 August 2016 CONFIRMATION OF MINUTES Minutes of the Ordinary Meeting of Wednesday 20 July 2016. The following items were considered at the Ordinary Council meeting held on Wednesday 20 July 2016 at 6:00pm. Implementation of Connecting Greater Bendigo Integrated Transport and Land Use Strategy (ITLUS) - Planning Scheme Amendment C227 Planning Scheme Amendment C223 - White Hills and East Bendigo Heritage Study Stage 2 - Consider Authorisation Request 1096 Calder Alternative Highway, Lockwood - Development of 2 Sheds and Their Use for the Purpose of a Store (Caravan Storage) 1, 2, 35 and 42 Irontree Close, Kangaroo Flat - 8 Lot Subdivision 51 Hannans Road, Mandurang South - Refusal of Development Plan and Subdivide Land into 2 Lots 2015/16 Annual Report - Road Management Plan Version 2.0 Domestic Animal Management Plan 2016 - 2021 Adoption of New Animal Keeping Local Law No. 2 and Minor Amendment to Administrative Local Law No. 10 Greater Bendigo Wellbeing Survey 2015 Cultural Diversity and Inclusion Plan Renaming of Vahland Street in North Bendigo Positive Ageing Advisory Committee Smart Cities Plan - Submission by the City of Greater Bendigo Record of Assemblies Notice of Motion: Waste to Energy The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting. RECOMMENDATION MOTION Moved Cr Lyons, seconded Cr Cox. 1. That the Minutes of the Ordinary Meeting of Council held on Wednesday 20 July 2016, as circulated, be taken as read and confirmed CARRIED PAGE 8 Ordinary Meeting - 10 August 2016 MOTION Moved Cr Leach, seconded Cr Chapman. 2. That Council approve the addition of the following conditions to the Minutes as outlined below associated with the Planning for Growth Report No. 2.3 (1096 Calder Alternative Highway, Lockwood 3551 - Development of 2 Sheds and Their Use for the Purpose of a Store [Caravan Storage] that was presented to the Council Meeting on 20 July 2016): 1. PLAN REQUIRED Before the use and development start(s), plans to the satisfaction of the responsible authority and VicRoads must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must show: (a) Details of proposed access in accordance with Condition 10. 2. NO ALTERATION TO PLAN The development and/or use(s) permitted by this permit as shown on the endorsed plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the responsible authority. 3. SPECIFIED OPERATOR This permit allows the use of the land only by C L Bassler and L J Bassler. If C L Bassler and L J Bassler cease to use the land for the approved purpose, the permit will expire. 4. ACCESS TO THE SITE Access to the site for the proposed use must only occur between: Monday – Friday 8.00 am to 6.00 pm Saturday – Sunday 9.00 am to 3.00 pm 5.