Download - Council Meeting Minutes - East Gippsland Shire Council · 2019-04-15 · Council Meeting Minutes – Tuesday 5 March 2019 2289 1.7.3 Community Laws Officer Keiran Martin submitted

Council Meeting Minutes – Tuesday 5 March 2019 2283

Council Meeting Minutes

Ordinary Meeting will be held on

Tuesday 5 March 2019

Mallacoota Golf and Country Club

Nelson Drive, Mallacoota

commencing at 1.00 pm

Councillors Natalie O’Connell (Mayor), Ben Buckley, Richard Ellis, Marianne Pelz, Mark Reeves, Joe Rettino, Colin Toohey, Jackson Roberts and John White

Officers Anthony Basford (Chief Executive Officer), Maryanne Bennett (Director

Corporate), Paul Holton (Director Development), Kate Nelson (Director Community Strategy), Fiona Weigall (Acting Director Operations), Colleen Smith (Executive Assistant to CEO) and Brigitte Dew (Councillor Support Officer)


Our Vision

East Gippsland is the most liveable region in Australia. A place of natural beauty,

enviable lifestyles, and opportunities.

Our Mission

A leading local government that works together with our communities to make East

Gippsland the most liveable region in Australia.

Our Values

Accountability

We will take responsibility for our actions and decisions in an open and transparent way.

Inclusion

We will be accessible and active in engaging with our community. We will invite, listen to and seek to understand the views of others, and proactively share information about Council’s plans, projects, services and activities.

Integrity

We will honour our commitments and conduct ourselves in an honest, ethical way.

Respect

We will value, support and help to develop our diverse community. We will respect the views and contributions of others and act with courtesy and consideration in all our interactions.

Resourcefulness

We will turn the challenges faced by our community into opportunities by being flexible and innovative in our response. We will actively seek better and more cost-effective ways to achieve the best outcomes for East Gippsland


Index

1. Procedural ................................................................................................... 2287

1.7.1 Recycled Material ....................................................................... 2288

1.7.2 Collection Service for Household Batteries and Light Globes ..... 2288

1.7.3 Community Laws Officer ............................................................. 2289

1.7.4 Illegal Dumping and Disposal of Garden Waste .......................... 2289

1.7.5 Expansion Kitchen to Compost ................................................... 2290

1.7.6 Mallacoota Skate Park ................................................................ 2290

1.7.7 Employment of Community Engagement Officer ........................ 2291

1.7.8 Auditing of Waste ........................................................................ 2291

1.7.9 Jetty Fee Rebates ....................................................................... 2292

1.7.10 Local Incident and Fire Siren Plan .............................................. 2292

1.7.11 Rubbish Bins ............................................................................... 2293

1.8.1 Assemblies of Councillors – January and February 2019 ........... 2294

1.9.1 Petition - Off Leash Dog Park - Metung and Surrounding Areas . 2296

1.9.2 Petition Objecting to the Removal of 18 Carparks on Nicholson

Street between Service and the Mall .......................................... 2299

2 Notices of Motion and/or Rescission ........................................................ 2304

3 Deferred Business ...................................................................................... 2304

4 Councillor Reports ..................................................................................... 2304


5 Officer Reports ........................................................................................... 2311

5.1.1 I Love Kinder – Federal Advocacy Campaign ............................. 2311

5.2.1 Planning Permit Application 223/2018/P: Application for a

Two Lot Subdivision at 33 Jarrahmond Road Orbost .................. 2315

5.3.1 Wurinbeena Studio Gallery - Funding Application ....................... 2328

5.4.1 Report on Audit and Risk Committee Meeting held on

26 February 2019 ........................................................................ 2331

5.4.2 Proposed Special Council Meeting to consider Rural Councils

Transformation Program Grant Funding Requirement ................ 2337

5.4.3 Implementation of the Drought Communities Program - Extension

Projects – Request to delegate authority to the Chief Executive

Officer to authorise Project Procurement .................................... 2340

6 Urgent and Other Business ....................................................................... 2344

7 Confidential Business ................................................................................ 2346

8 Close of meeting ......................................................................................... 2347


1. Procedural

Opening and Recognition of Traditional Custodians

The Mayor acknowledged and recognised the Traditional Owners of the land on which the meeting was held. The Mayor also paid respect to Elders past, present and emerging and the Aboriginal community.

Attendance

The Mayor acknowledged the attendance of:

• former East Gippsland Shire Councillor Ms Dale Fisher.

• Students from the Mallacoota P-12 College Legal Studies class.

• Australia Day Citizen of the year Ms June Drake.

Apologies

Nil

Declaration of Conflict of Interest

Cr Marianne Pelz advised of a conflict of interest with respect to Item 7.1 CON2019 1284 Maintenance and Repair Services for Mobile Plant as an indirect interest due to employment of contractor in family business. This occurred just prior to the item.

Confirmation of minutes

• That the minutes of the Ordinary Council Meeting held on Tuesday 5 February 2019, be confirmed.

Cr Joe Rettino / Cr Mark Reeves

THAT THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY 5 FEBRUARY 2019 BE CONFIRMED.

CARRIED UNANIMOUSLY 05/03/19

Next meeting

• Ordinary Council Meeting, Tuesday 9 April 2019, to be held at the Corporate Centre, 273 Main Street, Bairnsdale commencing at 6.00 pm.

Requests for leave of absence

Nil


Public question time

1.7.1 Recycled Material

Ms Rosemary Martin submitted the following questions -

“Given the current crisis facing the recycling industry and local councils in Victoria, is recycled material collected in East Gippsland currently going to landfill or being sorted and recycled? Once recycled material is sorted in Bairnsdale where does it end up?”

Fiona Weigall, Acting Director Operations advised that yes indeed this is a very topical issue and one that we issued a media release on our website last week, reassuring the community that our recycling is indeed still being recycled and not going into landfill. There has been a lot of media attention around what’s happening to one of the recycling companies operating out of Melbourne and Geelong. That is not the company we use, so therefore our recycling is uninterrupted and at present our recycling is collected through our kerbside collection through the company that we use and it is firstly sorted in Bairnsdale then the sorted recycling goes down to a recycling service in Melbourne where it is further recycled and processed. I’d encourage the community to look at a good you tube video by Visy, it’s called Visy Recycling Education Video it shows not only the process that recycling goes through but also what we can recycle and what happens to those products and how they are processed through the system. Our recycling is very much still being recycled and reused and we would encourage our community to continue to use this important service as it is important that we continue to keep as much of our waste out of landfill as possible.

1.7.2 Collection Service for Household Batteries and Light Globes

Ms Rosemary Martin submitted the following question –

“The Friends of Mallacoota has funded and managed a collection system for household batteries and light globes/fluorescent tubes for many years. In the absence of suitable toxic waste collection services to small towns members have to transport this material to Bairnsdale themselves. Could council implement a collection service suitable for small and remote communities to remove toxic materials from our townships?”

Fiona Weigall, Acting Director Operations responded that Council currently does not collect household batteries and fluorescent tubes from remote sites. Bairnsdale transfer station is the only designated facility to accept house hold batteries, liquid paint <20L and fluorescent tubes as part of DETOX YOUR HOME program run by Sustainability Victoria. At this stage Council has no plans to introduce this service to other facilities given the operational and logistic challenges. Officers will be reviewing and scoping various services aligning with the practicality and financial viability and would welcome the opportunity to discuss this issue further with the Mallacoota community. This is perhaps a service that we could partner with a community group to introduce given that the here is a local group already collecting these materials in Mallacoota.


1.7.3 Community Laws Officer

Keiran Martin submitted the following questions –

“Following a number of incidents over summer council recently indicated in a letter to the Friends of Mallacoota that existing staff permanently stationed in Mallacoota may be utilised to undertake the duties of Community Laws Officers. Would such staff be authorised to impound dangerous or stray animals, impose fines and carry out all duties of such an officer and be available at weekends, and also after hours for emergency situations?’

“Would their training be equal to Community Laws officers?”

Paul Holton, Director Development responded advising Council is considering authorising some existing staff in Mallacoota to undertake duties in line with community laws officers. The ability to impound animals is limited as Council does not have the facilities to house impounded animals in Mallacoota. Training is an important part of authorising any officers to undertake those duties because those duties are not straight forward or simple and can be seen as a front line public relations role as much as an authorising and enforcement role. At this stage Officers authorised under these conditions would not have capacity to fulfil the entire functions of a Community Laws Officer but they would have the capacity to fulfil a limited scope.

1.7.4 Illegal Dumping and Disposal of Garden Waste

Neal Greig submitted the following questions -

“Mallacoota is surrounded by a World Heritage listed biodiversity region. Should this Shire introduce a charge for disposal of garden waste, as has been mooted how will it ensure that illegal dumping in bushland and the resultant weed invasions do not compromise the integrity of our environment?”

“Also, what plans does the Shire have to encourage fuel reduction on private properties if green waste charges are introduced?”

Fiona Weigall Acting Director Operations advised illegal dumping is a societal issue that has unfortunately been occurring prior and is not necessarily linked to the introduction of waste fees and charges. However, our local laws and waste unit are working together with Department of Environment, Land, Water and Planning (DELWP) to combat this very issue. In the past, several notices have been served to many residents; including the owner/operator of a Mallacoota business.

We have Local laws regarding littering which includes vegetation. Enforcement can be difficult in the situations of dumping waste, as it requires creditable evidence to stand up in court. Council would require community support in educating the wider community on the impact of illegal dumping to the biodiversity of Mallacoota

Regardless of whether there is a link between charging for green waste or not, if Council makes any changes to its green waste collection and management, this would be accompanied with an extensive community education program that would address many issues including illegal dumping

I can’t comment of any future changes to our green waste charges as that is a decision of Council that has yet to be made. However, in the past when Council did have green waste fees, there were also several amnesty weekends when residents and ratepayers could bring in their green waste into receival areas at no charge, these were timed to coincide with the summer clean ups at the beginning of the fire season.


1.7.5 Expansion Kitchen to Compost

Neal Greig submitted the following questions -

“Keeping food waste out of landfill should be a priority. To this end, the Mallacoota residents have supported the very efficient Kitchen to Compost project. What plans does the Shire have to expand this system to include food waste from caravan parks and food handling businesses?”

“Also, what steps are being taken to ensure that green waste is not contaminated with industrial materials such as plastics, treated pine and asbestos?”

Fiona Weigall, Acting Director Operations advised that Council acknowledges and understands that food waste makes up to 60% of the total waste in the red lid waste bins. Council has the intent to divert food waste from landfill. However, officers are working on streamlining the process, exploring technologies and systems; and associated end use to assist and achieve a beneficial and sustainable outcome for both residents and the council. The kitchen to compost program which started as a trial is now a permanent and the only site in East Gippsland to include and process food waste. Whilst the program has been successful, Council is still trying to explore avenues for its end-use. The processing of organics is costing Council approximately $100k. Council officers are exploring opportunities for the end-use of these materials at the same time developing some educational material to reduce contamination. Council will trial food waste in the Caravan Park once we have streamlined our kerbside processing and end-use.

1.7.6 Mallacoota Skate Park

Jeanette Obri submitted the following question -

“Mallacoota Skate Park Committee would like to know how to get the upgrade plans up and

going?”

Kate Nelson, Director Community Strategy responded that the Mallacoota community has been very proactive in advising Council about the priority that they see for the renewal of the skate park over quite a number of years. The Mallacoota Recreation Reserve Master Plan includes an upgraded skate park as the sixth priority, so it isn’t a priority that Council has budgeted for at this time, but certainly something that Council does recognise. Council’s priority at the moment is working on the Sporting Pavilion as part of the Recreation Reserve Master Plan and this project to upgrade the skate park would be something that would come as a future project. In correspondence that we’ve had with the community, Committee of Management and Ms Obri we have encouraged working through the Committee of management to work with us to start to look at programming the upgrade in the future Capital Works Budget. We are aware that the community was proactive late last year with the Victorian Government’s ‘Pick my Project’ Program and I thought that was potentially a really great opportunity for funding to be received but unfortunately only two projects in East Gippsland were funded through that Program. Council Officers are certainly happy to work with the community to understand what funding opportunities might be and how the community might best be positioned to receive funding for the upgrade, but the fact that it’s in the Recreation Reserve Master Plan is very beneficial. Council Officers encouraged further discussion about the project as outlined above.


1.7.7 Employment of Community Engagement Officer

Martyn Hiley submitted the following question -

“Will Council consider employing a part-time Community Engagement Officer, located in

Mallacoota, to engage with the community on shire issues such as:

• Communicating Council’s plans and policies

• Obtaining date and reporting to Council on community priorities

• Educating the community and visitors on waste management practices

• Accessing the town on foot – moving around Mallacoota on footpaths, roads and

crossings”

Kate Nelson, Director Community Strategy responded that while a Community Engagement Officer in the form presented in the question has not been considered at this time, Council is currently working to better understand how we can work more effectively in communities with a focus on providing and coordinating services in a way that responds to the diversity of places across the Shire. While the preference is that community members can engage broadly with Council given the wide range of services and expertise that we offer, we do appreciate that there may be some alternative ways of generating higher levels of engagement and interaction. Council is currently working across a number of communities piloting an approach that seeks to work with the community to develop a place focussed strategic plan and action plan that we believe will provide guidance about the right approach to work in and provide services to our many communities based on a whole of community strategy. Kate indicated that further discussion about this approach in a Mallacoota context would be welcomed if this was considered beneficial.

1.7.8 Auditing of Waste

Martyn Hiley submitted the following question –

“The costs of waste disposal to the Shire are increasing. Will Council investigate auditing a percentage of waste bins and then inform the audited rate-payers about their household waste and ways they might reduce it?”

Fiona Weigall, Acting Director Operations responded advising that Council does undertake periodic audits of our bins and that is how we know that there is up to 60% of food waste in those bins. The last of those audits was done two years ago and that then informs our waste education program moving forward. I’m not actually sure that we have informed our community other than through so our waste education about the outcomes of those audits. We have another audit scheduled for later on this calendar year and will certainly look at how we can get more of that information about what we are finding in the audits out to our community, because it’s very important information that will shock you as much as it did us with what’s going into some of our bins, if we can work on that together that would be fantastic.


1.7.9 Jetty Fee Rebates

John Hilvert of Mallacoota and District Business and Tourism Association submitted the following questions -

“Will Council rebate the jetty fees and damage to Mallacoota jetties for being under water for several months, and are unusable?”

“Due to damage to infrastructure and business, and the danger to people currently trying to walk on slippery underwater jetties, will the Council encourage all parties to reconsider the 1500 height level before you open the bar?”

Paul Holton, Director Development advised that Council manages the private jetty licenses on behalf of the Department of Environment, Land, Water and Planning (DELWP) and there are a range of constraints that Council has in terms of managing those licences. The question was taken on notice with a more informed response to be provided by email. In respect of the private jetties that have been impacted by the closure of the entrance, note that Council would not be liable for this as it is out of Council’s control however it is acknowledged that it is an unfortunate situation and an exploration of the options that are available is warranted before providing an answer to that question. The decision to open an entrance to the inlet is a situation where Council is not in direct control. There is a formula that is used by the various agencies who manage the waterway in determining when the time is right for creating a channel to reopen the entrance. The parties involved are the Catchment Management Authority (CMA), DEWLP and Parks Victoria. Council Officers would consider speaking to the CMA as the first port of call to see what options would be available for them. A response will be provided to the member of the community who posed the question in accord with Council’s Customer Response Policy standard for written correspondence, that is within 10 business days, or within 30 days in relation to a complex or sensitive matter. The response will also be attached to the Minutes of the meeting at which the question was put.

1.7.10 Local Incident and Fire Siren Plan

Eileen Buckland submitted the following questions -

“What is happening to local incident plan for Mallacoota – revised 2018?”

“What is the progress for the fire siren plan for Karbeethong?”

Kate Nelson, Director Community Strategy advised the meeting that Council’s Emergency Management Team had worked with the community and relevant response agencies to conduct a community meeting to examine the risks and challenges that we need to plan for in Mallacoota late last year. As a result of this meeting a community committee had been established to undertake a review of the Mallacoota Local Incident Management Plan (LIMP) in conjunction with Council. It was understood that this work had been progressed, and that Council Officers were waiting on feedback from the community prior to finalising and publishing the LIMP. As this had not happened, Kate offered to determine how to ensure that the LIMP was finalised as a matter of urgency. It was indicated also that for the community to embed the use of a siren to alert community members to emergency events would require broader discussion with the relevant agencies. It was explained that this was understood to be part of the broader discussion about improvements for Mallacoota that this was one of a number of initiatives identified by the community that would be progressed in partnership with Council.


1.7.11 Rubbish Bins

Bridget Senior submitted the following question -

“How can Council assist with the rectification of the issue whereby the occupants of (address withheld for privacy reasons) continually move my rubbish bins as placed by me from the front of my property 1 Fern Court, to the opposite side of the Court (4 Fern Court) for weekly collection. Fourteen years of speaking directly to the occupants of (address withheld for privacy reasons) in relation to this matter has not been able to produce any acceptable outcome?”

Fiona Weigall, Acting Director Operations advised that she will take this question on notice as this is a neighbourhood dispute. Council will make contact in due course.

A response will be provided to the member of the community who posed the question in accord with Council’s Customer Response Policy standard for written correspondence, that is within 10 business days, or within 30 days in relation to a complex or sensitive matter. The response will also be attached to the Minutes of the meeting at which the question was put.


Record of Assemblies of Councillors

1.8.1 Assemblies of Councillors – January and February 2019

Authored by Wendy Veldhuizen, Personal Assistant Corporate

Endorsed by Maryanne Bennett, Director Corporate

Document No 7969658

___________________________________________________________________

EXECUTIVE SUMMARY

In accordance with section 80A(2) of the Local Government Act 1989 (the Act), this report presents a formal record of assemblies of Councillors held during the period 26 January 2019 to 19 February 2019. Also included in the report is one record from 24 January 2019, not previously presented. The assemblies of Councillors covered by this report are as follows:

Assembly of Councillors meetings: Meeting date:

Councillors / Chief Executive Officer Discussions 29/01/19, 05/02/19, 12/02/19, 19/02/19

Proposed Fingerboards mineral sands mine tour with Mine Free Glenaladale members – Site visit

24/01/19

A copy of the formal record for each of these assemblies is provided at Appendix 1. RECOMMENDATION That Council notes the record of assemblies of Councillors that occurred during the period 26 January 2019 to 19 February 2019, together with one record not previously presented from 24 January 2019, as provided at Appendix 1.

Cr Joe Rettino / Cr Marianne Pelz

THAT THE RECOMMENDATION BE ADOPTED.



OFFICER COMMENT / CONTEXT

Discussion As required by the Act, this report presents a formal record of assemblies of Councillors held during the period 26 January 2019 to 19 February 2019, together with one record from 24 January 2019. An assembly of Councillors is defined as a meeting at which matters are considered that are intended or likely to be the subject of a Council decision or the exercise of a delegated authority which is either of the following:

• A meeting of an advisory committee where at least one Councillor is present; or

• A planned or scheduled meeting that includes at least half the Councillors and at least one Council officer.

Financial There are no financial implications for Council arising from this report. Council Plan Good Governance Goal 1 East Gippsland Shire Council is inclusive, engaged and open. Legislation Section 80A of the Act sets out the requirements Councils must observe in respect of assemblies of Councillors. Section 80A(2) requires the Chief Executive Officer to ensure that as soon as practicable after any meeting that is an assembly of Councillors under the Act, a written record of the meeting is reported at an ordinary meeting of Council and incorporated in the minutes of that meeting. The Act also specifies the type of information to be provided in the written record. The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights detailed in the Victorian Government’s Charter of Human Rights and Responsibilities Act 2006. APPENDICES AND ATTACHMENTS Appendices 1. Assemblies of Councillors records

Attachments Nil

http://www.austlii.edu.au/au/legis/vic/consol_act/lga1989182/s3.html#chief_executive_officer

http://www.austlii.edu.au/au/legis/vic/consol_act/lga1989182/s3.html#council


Petitions

1.9.1 Petition - Off Leash Dog Park - Metung and Surrounding

Areas

Authored by Steven Columbus, Governance and Compliance Coordinator

Endorsed by Maryanne Bennett, Director Corporate Document No 7962375 In Attendance Maryanne Bennett, Director Corporate _______________________________________________________________________ EXECUTIVE SUMMARY This report informs Council of a petition submitted by Stan O’Loughlin and Louise Stoltz (head petitioners) on behalf of residents of Metung and surrounding areas asking Council to provide an off-leash, fenced dog park in Metung. The petition contains the following request: “We the undersigned residents of Metung and surrounding areas are dog owners. As East Gippsland shire has a policy of dogs on-leash at all times, we request provision of a fenced leash-free dog park. We understand land has been allocated in the Tambo Bluff area for this.” Council is asked to note that having received the petition and noted its content, Council officers will now prepare a report documenting a proposed course of action in response to the petitioners’ request, to be presented at the Ordinary Meeting of Council scheduled for Tuesday 9 April 2019. NOTE: Councillors have been provided a copy of the petition separately. In the interests of

respecting the privacy of signatories, and in accordance with the Privacy and Data Protection Act 2014, a copy of the petition has not been included with this report.

RECOMMENDATION

That Council:

1. receives the petition lodged by Stan O’Loughlin and Louise Stoltz requesting that Council provide an off-leash, fenced dog park in Metung;

2. notes that a report on the issue raised will be presented for consideration by

Council at a meeting on or before Tuesday, 4 June 2019; and 3. notes that Council officers will write to the head petitioners advising them of these

actions.

Cr Joe Rettino / Cr Jackson Roberts




OFFICER COMMENT / CONTEXT Discussion A petition containing 144 signatures was submitted by email on Monday 18 February 2019 by Stan O’Loughlin and Louise Stoltz, and subsequently provided in hard-copy by Louise Stoltz on 20 February 2019. In the interests of respecting the privacy of the petition’s signatories, a copy of the full documentation received with the petition is not presented with this report, but has been circulated to Councillors under separate cover. The Development Directorate will present a report to a future Council Meeting containing a proposed course of action in response to the petitioners’ request. Since April 1996 the restraint of dogs has been legislated through the Domestic (Feral and Nuisance) Animals Act 1994 (the Act). It is an offence under the Act if a dog is found at large outside the premises of the owner, or is not securely confined to the owner’s premises. It gives Council power to control dogs living within the municipality. At the Council meeting of 2 October 2018 Council passed a resolution to effect an Order to designate two ‘dog off leash’ areas within the municipality. The two designated sites being part of the Bairnsdale Bosworth Road, former landfill site and part of 43 Palmers Road, Lakes Entrance. Council has also announced an Expression of Interest (EOI) for a ‘dog off leash reference group’ – that will assist Council to consider options for creating dog off leash areas across the shire. The EOI closed at 5.00pm on Friday 1 March. Council Plan Good Governance Goal 1 - East Gippsland Shire Council is inclusive, engaged and open Council Policy The process through which the petition is progressing is consistent with clause L7.59 (Petitions) of Local Law No. 1 - Procedures for Council Meetings, which stipulates that petitions will be presented formally at the next practicable Ordinary Meeting of Council.

Legislation Under section 24(1) of the Domestic Animals Act 1994 (the Act) it is an offence for a dog to be found at large (i.e. not restrained in any way) outside the premises of the owner or not securely confined to the owner’s premises. Under the Act dogs are not allowed to be at large anywhere in Victoria. However, the Act does provide local councils with certain powers to control dogs living within their municipality. The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights detailed in the Victorian Government’s Charter of Human Rights and Responsibilities Act 2006. Organisational

• Financial There are no financial implications associated with the recommendations within this report.


Consultation Nil APPENDICES AND ATTACHMENTS Appendices Nil Attachments Nil


1.9.2 Petition Objecting to the Removal of 18 Carparks on Nicholson

Street between Service and the Mall

Authored by Wayne Richards, Manager Place and Community Strategy Endorsed by Kate Nelson, Director Community Strategy Document No 7951329 In Attendance Wayne Richards, Manager Place and Community Strategy ___________________________________________________________________________ EXECUTIVE SUMMARY This purpose of this report is to inform Council of a petition submitted by Ms Debra Smith and local residents (refer Attachment 1) objecting to the removal of car parking spaces on Nicholson Street, Bairnsdale between Service Street and the Mall. The specific wording of the petition that was signed by 344 people, was as follows: “To OBJECT to the Removal of 18 x carparks on Nicholson Street – between Service Street & the Mall”. The petition is in reference to a Capital Works project being undertaken by Council to upgrade the section of Nicholson Street between the Mall and Service Street. There are several elements to consider in response to this objection. They are that:

• The removal of parking spaces is just one element of the Nicholson Street Upgrade project. The project includes a number of elements designed to improve pedestrian amenity and activity. The concept plan is provided at Attachment 2.

• The Nicholson Street Upgrade project is one of a number of projects within the Bairnsdale CBD that have been completed, or are planned in future years that impact on the availability of car parking. These projects have and will lead to a net gain in parking spaces within the CBD.

• This project is identified within both the Re-Imagining Bairnsdale Masterplan (2015), and Bairnsdale CBD Parking Strategy, significant community consultation was conducted during the development of both of these documents.

• A significant amount of consultation was conducted through the design process which took place in 2016. While it is acknowledged that feedback was received that all parking should be retained, there was also feedback supporting the design and reduction in car parking.

• Communication was conducted in the lead up to the letting of the tender in mid-2018.

• The tender has been awarded and works commenced on 1 February 2019. Any change to the project scope at this stage would result in a significant cost increase to the project with flow on impacts to the pedestrian amenity.

The strategy supporting this design encourages off street parking, and an increase in pedestrian amenity, safety and accessibility to encourage more pedestrian activity, which has been demonstrated to create more active and “sticky” commercial areas. It is understood that the additional walking can be seen as inconvenient to those that wish to park as close as possible to the shop they wish to visit. It is acknowledged that this is a very busy part of the shopping precinct in Bairnsdale, however it is considered that the combination of works being undertaken by Council will result in an overall improvement in the functionality and amenity of the precinct, leading to a more sustainable shopping environment, which is the overall aim of the works.


Therefore, while the objection to the removal of car parking spaces in the Nicholson Street is noted and the concerns of the signatories about the removal of car parking in this specific location understood, Officers recommend that the project is delivered as planned, on the basis that:

• The project is part of a broader strategy that has and will see further increases in car parking availability in the Bairnsdale CBD.

• That significant consultation was conducted in the development of the project design, and while some time ago, there has been the opportunity for traders and the wider community to view the plan and make comment prior to the contract being let.

• Any redesign at this stage of the project will have a significant financial impact to Council. Officers will continue to work with the Nicholson Street traders and the broader community to promote the benefits of the project and a pedestrian friendly Nicholson Street precinct. RECOMMENDATION That Council: 1. receives the petition lodged by Ms Debra Smith objecting to the removal of 18 car

parks on Nicholson Street between Service Street and the Mall;

2. notes that extensive community consultation was undertaken in respect of the design of the Nicholson Street upgrade, and that construction commenced on 1 February 2019 by contractor Cranes Asphalting Pty Ltd;

3. notes that Council Officers will write to Ms Debra Smith to advise that the Nicholson

Street streetscape will proceed; and

4. notes that Council Officers will continue to liaise closely with traders in this part of Nicholson Street and the Bairnsdale Chamber of Commerce and Industry as the works progress.

Cr Marianne Pelz / Cr Colin Toohey


CARRIED UNANIMOUSLY 05/03/19 OFFICER COMMENT / CONTEXT Discussion As part of the suite of documents developed to guide the growth of Bairnsdale growth, a master plan was developed for the Central Business District titled ‘Reimagining Bairnsdale’. Reimagining Bairnsdale identifies that, amongst other things, “in recent years the Bairnsdale CBD has seen limited investment in the public realm and is often referred to as ‘tired’. East Gippsland Shire Council and the local community have expressed their desire to improve the image, function, safety and vibrancy of the Bairnsdale CBD and its public spaces.” The document provides guidance for a number of projects to address this, including the redevelopment of the Nicholson Street Mall, the closure of the Main Street Median cut-throughs, redevelopment of the Main Street Garden Toilet Facilities and the development of a parking strategy for the CBD. Collectively these projects formed stage one of “implementing Reimagining Bairnsdale”.


Stage two of Reimagining Bairnsdale included the upgrade of Service Street between Nicholson and Francis Streets and was completed in 2017/18. The current project, the upgrade of Nicholson Street between the Mall and Service Street forms stage three. Consultation for stages Two and Three of the upgrade concepts was undertaken concurrently during 2016 and included workshops with traders, one on one meetings, drop in sessions, use of media and community questionnaires and engagement with a Steering Committee and the Bairnsdale Chamber of Commerce and Industry. During the consultation, the main issues raised were around loss of parking and lack of loading zones, access to businesses, accessible car parking, providing access for delivery trucks caused by disruption during construction. Based on this consultation, the design for Stage Three was modified to retain some parallel parking along the Northern side of Nicholson St. Upon completion of the project 20 car parks will remain with one (1) accessible car space. Based on the feedback of this consultation, modifications to the plans were made, including the reinstatement of parking Council also sought to provide expert information regarding streetscape design and parking provision by engaging traffic engineer and urban designer Steven Burgess from MR Cagney who presented a Streetscape Masterclass to Councillors, Council staff, external agencies. Unfortunately, no one from the Bairnsdale Chamber of Commerce and Industry was in attendance at the workshop and so much of the practice associated with place making and revitalising shopping precincts has perhaps not been conveyed. The Nicholson Street Upgrade was costed and considered for inclusion in Council’s Capital work budget with the project adopted for delivery the 2018/19 financial year. The tender for the project was advertised on 4 July 2018 with a closing date of 1 August 2018. Tenders were assessed and awarded at the September 2018 Council Meeting. Information was provided to the Bairnsdale Chamber of Commerce and Industry in August of 2018, the information brochure included the final design, as well as confirmation of the retention of 20 car spaces. Information about the final design was also distributed by hand to businesses on Nicholson Street and provided in hard copy format at the Service Centres and Bairnsdale Library. Stage Three works commenced in October 2018 with East Gippsland Water the relocating the aging water main that runs through Nicholson Street. These works were fully funded by East Gippsland Water and were completed prior to the Christmas trading period in 2018. Car Parking In 2015 Council developed a Bairnsdale Centre Business District (CBD) Car Parking Strategy. The strategy aims to “better utilise the 3,387 parking spaces” and “ensure future car parking demands of the CBD are met and are sustainable, reduce traffic congestion due to vehicle circulation, improve pedestrian permeability and accessibility, ensure that future parking needs of the Bairnsdale CBD are equitable and appropriately funded, and inform staff, residents and visitors about the proposed changes to car parking management”. As identified in the petition that has been submitted, stage three of Reimagining Bairnsdale will result in a reduction of current car parking numbers in the project location. However, in recent years, as part of the broader plan, Council has increased the number of spaces in the Bairnsdale CBD from 358 to 427. Further to this, demand surveys and the duration of stay surveys indicate that there is sufficient parking in the Bairnsdale CBD as a whole to meet the peak parking demands.


Looking forward, there are plans to construct additional all day parking at the Port of Bairnsdale and other initiatives to make better use of existing parking. These include entering into

arrangements to monitor end enforce of parking time limits in locations not currently enforceable

by Council and working with local businesses to encourage staff to park in all day parking areas

rather than in restricted parking closer to their place of employment.

Council Plan A Liveable Region Goal 1 - East Gippsland has safe, accessible and well utilised open spaces and built environments that reflect the priorities of our community Legislation The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights detailed in the Victorian Government’s Charter of Human Rights and Responsibilities Act 2006. Community Traders, land owners and the broader community was engaged in an interactive process that shaped the concept design for these works. The design was influenced by the community input that saw the retention of car parking along the Target side of Nicholson Street. The works will generate a legacy benefit for the community, introducing a more walkable environment with additional, shade seating and improved amenity. Organisational

• Financial The detailed design for Stages Two and Three was undertaken by MDG Landscape Architects at a cost of over $86,000. The current construction contract was awarded to Cranes Asphalting Pty Ltd at the September 2018 Council Meeting at a cost of $1,166,791 with construction commencing 1 February 2019.

The cost of halting works, whilst detailed designs are produced reinstating the car parks cannot be easily quantified unless the nature of the changes are understood, however given the contractor is on site now, working on a timeframe designed to minimise impacts to users of the precinct, the cost of changing our approach at this time could be quite substantial.

Consultation Extensive community consultation and engagement was undertaken during the design phase of this project, with a Bairnsdale CBD Reference Group meeting several times during the design phase to have input into the overall design and consultation process. This reference group comprised of representatives from the local community, trader groups and property owners. In addition, a number of tailored drop-in sessions were held to discuss the project and potential options with the traders, landowners and broader community. This process included both an opportunity for the community to be involved in the initial concept development and then a feedback process for review and refinement of the concept design. An engagement plan was developed to support the works, to ensure that the traders, land owners, shoppers and broader community were kept informed of the works, including scheduling and impact throughout the works period.


Prior to the commencement of the water main works in October / November 2018, Council Officers conducted a ‘walk and talk’ with Traders impacted by the development. Further meetings, at the request of Traders have been held, to explain the concept ideas, the decision to reduce parking spaces, impact to businesses during the works and the outcomes the project will achieve. In recent weeks, Council Officers have increased the communication with Traders and the community through regular social media updates, newspaper articles and signage at the work site. APPENDICES AND ATTACHMENTS Appendices Nil Attachments 1. Covering letter of petition signed by Ms Debra Smith.

NOTE: Councillors have been provided with a copy of the petition separately. In the interests of respecting the privacy of signatories, and in accordance with the Privacy and Data Protection Act 2014, a copy of the petition has not been reproduced for this report.

2. Concept Plan of redevelopment area


2 Notices of Motion and/or Rescission

Nil

3 Deferred Business

Nil

4 Councillor Reports

Cr Colin Toohey

Cr Toohey spoke to his written report at folio 2305.

Cr Joe Rettino

Cr Rettino spoke to his written report at folio 2305.

Cr Mark Reeves

Cr Reeves spoke to his written report at folio 2307.

The CEO was requested to make representation at GLGN that other East Gippsland Councils

make representation to LAJAC and RAJAC.

Cr Ben Buckley

Cr Buckley focussed his report on attending a meeting with the Omeo Historical Society.

Cr Richard Ellis

Cr Ellis spoke to his written report at folio 2307.

Cr John White

Cr White focussed his report on attending the launch of ‘Dob in a Dealer’ on 28 February 2019.

Cr Marianne Pelz

Cr Pelz spoke to her written report at folio 2308.

Cr Natalie O’Connell

Cr O’Connell spoke to her written report at folio 2309.


COUNCILLORS WRITTEN REPORT

Cr Colin Toohey

29/01/19 Planning Consultation Meeting - 30 Clifton West Road, Wy Yung

12/02/19 Planning Consultation Meeting - 378/2018/P - 275 Hardy's Road, Metung

19/02/19 Planning Consultation Meeting - 107 Hazeldene Crescent, Nicholson

01/03/19 East Gippsland Art Gallery Opening - Evolutionary and Remembered

Landscapes

Cr Joe Rettino

Date Report Item

05/02/19 Regional Innovation – Gippsland Smart Specialisation Strategy This is a Melbourne University research and an LVA initiative relating to developing smart specialisation for Gippsland. It is a powerful regionalisation model used by many successful regions in Europe. During an East Gippsland stakeholder engagement opportunity, the Mayor and I had the opportunity to meet up with Melbourne University Community Engagement Researcher, Marion Schoen and Department Director, Leo Goedegebuure. They were pleased to give us an overview of their work. Developing a Smart Specialisation Strategy, using best practice and models from the European Union, will be an iterative process that is comprised of several phases: 1. Analysis of regional context/potential

• Map and assessment of existing regional assets and innovation ecosystem. • Identify regional resources and existing specialties, institutional settings and

competitive strength and weaknesses. 2. Governance - Participation and Collaboration

• Wide engagement of regional stakeholders including policy-makers, business, research and education, community (quadruple helix approach).

• Collaboration involving demand-side as well as supply side perspectives. 3. Designing a shared vision for the future – setting priorities

• Through an entrepreneurial discovery process, formulating different scenarios and dialogue on future development paths for the region.

• Selection of limited number of regional priorities for specialisation, with growth and innovation potential and the capacity to build critical mass and be competitive.

4. Action plan for implementation • Develop an action plan of projects, platforms and leaders for each priority

area. • Alignment of policy support and frameworks at all levels of government.

5. Monitoring and evaluation • Developing a process to support and verify the implementation of the action

plan. • Ensuring the process results is oriented for the longer term, through

continuous monitoring and review and adjustment where needed.

Aims and Activities The project will explore, design and test a Gippsland Specialisation model reference model GS3 for the Latrobe Valley Authority, drawing explicitly on the principle of co-design with regional stakeholders. The objective is to:

• Build on community strengths and capability for the future. • Leverage collaboration and innovation.


• Grow industry competitiveness, social cohesion and ecological sustainability. The outcomes of the S3 process will identify:

• Capabilities and enablers that grow future industry competitiveness. • Skills and competences needed to ensure sustainable job creation and

retention. • Partnerships and networks to support innovation. • Suitable projects to demonstrate and trial the strategy.

An integrated agenda setting out local collaborative projects and infrastructure will be developed that practically translates the agreed new ideas, priorities and opportunities into actions on the ground in the region.

Project Publications State of the Art Review: A review and analysis of literature regarding Smart Specialisation (S3) in Europe, as well as observations about the application of S3 in other parts of the world, including Australia.

05/02/19 Constituent meeting with Paul Holton, regarding Rural Living Zone along the Great Alpine Road and potential issues relating to a proposal.

08/02/19 Hope Restart Centre: The Mayor, CEO, and I formally attended the commencement of construction ceremony of this much needed facility that will provide residential rehabilitation for treatment of alcohol and drug addiction.

22/02/19 East Gippsland Marketing (EGMI) business breakfast series – EGMI commenced a business breakfast series with their member businesses several years ago. These events are usually held on a Friday morning commencing at 7.30am and finishing at 8.45am. Apart from the significant networking opportunities the breakfast series also provides a learning opportunity for the people who attend. Every month a different members’ business hosts the breakfast giving people an opportunity to learn more about the host business. This month the host business were SLAP Architects and Simon Anderson consulting (SAC consulting engineers). Both SLAP and SAC gave an insight into their respective businesses and the many changes they have seen over the years. I strongly encourage other Councillors to get involved with this breakfast series and broaden their knowledge of the different businesses that make up our community.

18/02/19 Metung Hot Springs (Matt Sykes) – Matt is completing an international research paper for Visit Victoria in relation to hot springs bathing and the social and economic impacts. The Mayor and I met with Matt.

21/02/19 East Gippsland Food Cluster AusVeg visiting scientists – Dinner forum at Sardine Paynesville to discuss the increasing potential of Horticulture in the Lindenow Valley.

26/02/19 2019 East Gippsland Shire Council Grow your Business Forum – This business networking forum was well received by local business operators. The MC for the day was Vanessa Meddling. Topics included how to gear up your business, business mentoring, networking opportunities, and approaching/managing business finances. The guest key note speaker for the day was David Corduff of Beyond Blue. David spoke about mental health and the growing issue it has become across Australia and in particular Regional Australia.

03/03/19 2019 Arthur Grassby Kokoda Scholarship Fundraiser - I attended the Kings Cove Golf Club in Metung for the launch of the 2019 scholarship opportunities. It was inspiring to hear from the young people involved with this program.


COUNCILLORS WRITTEN REPORT

Cr Mark Reeves

Good afternoon Mallacoota and thank you.

There are a few valuable opportunities I have been privileged to represent council this month;

• Raymond Island Community Garden opening at the Community Hall. The group received $5000 towards this project and it was a pleasure to be there and declare the garden open. Well done to that enterprising and community minded group.

• Paynesville has a special connection with Don Burrows, and I was delighted to be there to share the opening of the exhibition including much memorabilia and a beautiful carved bust of Don at his best. Special mention to 2018 Citizen of the Year is Gerry Ciavarella for his enduring friendship with Don and work to create this exhibition.

• Lastly, Local Aboriginal Justice Action Committee (LAJAC). Currently East Gippsland Shire Council is the only Local Government Authority (LGA) in Gippsland that is represented on the LAJAC and Regional Aboriginal Justice Action Committee (RAJAC). The connection is more than symbolic. Having a conduit to LGA and representation on LAJAC with VicPol, Victorian Legal Service, various health services and Department of Justice among others is important. Reciprocally, I can carry back to council the message about our Reconciliation Action Plan (RAP) and need to engage with Gippsland and East Gippsland Aboriginal Co-Operative (GEGAC), MOOGJI, Gunaikurnai Land and Waters Aboriginal Corporation (GLAWAC) and other aboriginal organisations. Mayor, on behalf of the LAJAC, can you ask our Gippsland Local Government Network (GLGN) colleagues if they would consider arranging LGA and councillor representation on the LAJAC and RAJAC across Gippsland?

Cr Richard Ellis

As an opening comment, I would like to welcome everyone here this afternoon to witness East Gippsland Shire Council’s first Ordinary meeting to be held in Mallacoota since 1997. It is of course not the first community meeting Council has conducted over that time. It is also most pleasing to see many of our community here to witness the event and also the Planning Consultation Meeting that was held this morning. The past month flew by rapidly and as such I will list a few of the matters and events I attended;

• The Australian Paper Manufacturer (APM) launch of their Feasibility Study into a Waste to Energy Project at their Maryvale Gippsland plant. I look forward to perusing the study in the near future.

• A meeting with the Minister for the Environment in regard to Waste Management issues and in particular issues arising from the China Sword recyclables crisis of 2018 and actions needed to create a circular economy in the management of recyclables. Fortunately, this crisis has yet to have any impact on the management of waste within our Shire.

• A number of Planning Consultation meeting for various projects about the Shire.

• The successfully conducted Rail Freight Alliance Annual AGM and workshops.


Cr Marianne Pelz

East Gippsland’s hot dry spell is continuing with the little rain we have received quickly being evaporated and not lasting long enough for any decent crop growth to be of any significance. The talk around the region from the older folk is that they have never seen the region so dry in all their years. The question is how long will it go on for?

I’m not sure where February went but all I can say is it came and went in a flash and I am now in the thought that the world is speeding up. It is now March and we are well and truly into 2019 and thus far I have to say it has not been an easy start for many in East Gippsland at grass roots level. For many waking up and looking out the window to see no rain on the horizon, no grass to feed their animals, little growth in their crops, no water in the water tanks, no income to buy groceries and how are we going to pay those bills or on the other hand waking up to the very real smell of smoke on the horizon because a bush fire is not far away or even for the people in Mallacoota waking up knowing that the Mallacoota inlet is not going to open today! The jetty and the road is under water which means they can’t go to work, no income for the week and still those bills to pay. These are the heart felt feelings of many of people in our community who have never faced something like this hardship before in their lives. The truth of these scenarios is the drought will break at some stage and soon we will be saying like those old timers “I remember the 2018/2019 drought / Fire”. But I question what have we learned from it all???

Quite ironically last week I travelled to Melbourne to attend the Victoria Transport Infrastructure Summit organised by the Victorian Minister for Transport and Infrastructure the Honourable Jacinta Allen. There were announcements of many of millions even billions of dollars being announced for various projects around Melbourne. None of them were for upgrades to our region, even when questioned about how they proposed to improve the rail service (how dare I talk about the elephant in the room).

Certainly, the talk around our region that there are no stimulus jobs for us, in fact, I did hear that this Labor State Government is talking job payouts to our Timber Industry, no resource renewals to our Mills and Harvest contractors who have just had their contracts renewed for 5 years but no more than 3 months later are being offered payouts. These committed hard workers are being replaced with a walking track from the Errinundra Plateau to Cape Conran. I say the two should be able to exist side by side in a region which 75% is predominately covered in trees. It makes little sense to me that the only people who should be able to have a decent wage should live in urbia (Melbourne) and that we in the outer urbs should be satisfied with being the playground region for those who fancy visiting every now and then. Truly State Government answer me this! “what makes a community sustainable on its own merit?” (You should drive for this, it would-be less draining on economic resources)

On a happier note, I would like to finish up with a good news story

I’m really delighted to be able to say in response to the drought relief for the farmers of the region the Orbost branch of the Country Women’s Association (CWA) is starting up again and they are due to have their first meeting on Wednesday night. I would personally like to wish them all the best and I will be joining up with them because I strongly believe in the basis of what the CWA does in the community.


Cr Natalie O’Connell

During the month of February some of the things I have attended include:

The CEO and I attended the Australian Paper briefing in Melbourne. This breakfast was to celebrate the completion of the feasibility study into the waste to energy investment at Maryvale. The project has the potential to deliver social and economic benefits to Gippsland and the broader community of Victoria.

The CEO and I met with MP Darren Chester and Deputy Prime Minister, Michael McCormack alongside Wellington Shire Council. We spoke with them about the impacts of the drought and some of the priorities our shire is focusing on.

I attended the Gippsland Grammar Leadership Induction Fellowship at the Bairnsdale Campus. It was a privilege to congratulate the students who were awarded leadership positions. As a former scholar, I thoroughly enjoyed speaking to the students about what makes a good leader.

Meeting with Fiona Owen and Gillian McIlwain from Gippsland Women’s Health and discussed their work in the prevention of violence against women and working towards gender equality. A strategic leadership group for prevention of violence against women will be established which will involve CEO’s from a range of agencies including Lifeline, Relationships Australia and Gippsport as well as representatives from health services and local government to advocate and work with state government.

The CEO, myself and Cr Rettino attended the Hope Restart Centre – commencement of construction ceremony. Representatives from a wide range of areas were in attendance to hear a brief journey. The facility will support 16 jobs during construction and 32 ongoing jobs for the 29 double room building to support people seeking treatment and their families.

The CEO and I met with MP Darren Chester to talk about what is happening in East Gippsland Shire, status of projects and funding priorities for the upcoming election.

Meeting with Sophie Morrell and Harry Rijs from Committee for Gippsland to take a tour of the Patties Factory in Bairnsdale. Patties is currently expanding their pie line with a $20M investment. Patties are the biggest pie bakery in the world and employ around 450 people.

I opened the 21st Annual Paynesville Week of Bowls Carnival. This is a five day carnival with around 200 players from across Victoria and interstate competing. This is a great event which promotes our beautiful region.

The CEO and I met with members from the Paynesville Cemetery Trust.

I attended the Community Reference Group meeting for the Stockman Mine where we were given an update on the work plan progress, residential village and base line investigations. A discussion around the establishment of the Environmental Review Committee and the continuation of the Community Reference Group was had.

I met with Jaclyn Symes, Minister for Agriculture at the honey farm in Jarrahmond on the day of the state government’s drought package announcement. A small group of farmers and stakeholders spoke to the minister to discuss current issues and also what impacts the future will have in the future. The minister and I will have regular communication to discuss the drought and what local and state government can be doing to continue to assist.


The CEO and I met with Prime Minister Scott Morrison, Minister for Agriculture and Water Resources, David Littleproud and Federal Member for Gippsland Darren Chester at the Freeman’s farm at Briagolong. There were a large number of farmers on hand to meet with them and talk about what impact the drought has had and what type of funding they would like to see to assist with the issues they are facing. The Prime Minister also spoke of meeting with the Premier and would be reinforcing the need for rate relief.

I met with staff from Parks Victoria and Friends of the Mitta as an interested community member to discuss the lack of funding and resources available from the Parks Victoria office. Friends of the Mitta have been working tirelessly to rid the Mitta of weeds and update signage through many working bees with a number of committed volunteers.

The CEO and I met with Therese Tierney – Chair of East Gippsland Marketing Inc. and had a discussion in relation to the current Economic Development strategy plan and Economic review which was recently undertaken.

The CEO and I attended the Big Blokes BBQ at Boucher Hall which is in support of raising awareness and money for Prostate Cancer. This was the 9th year this event has been going and it was another terrific year with over 350 blokes in attendance to listen to guest speakers such as Danny Green and Brad Hodge. A considerable amount of money was raised for the cause.

The Dust of the Drought event was held in Omeo. This event was hosted by Omeo District Health through funding secured through the Shire from the community events fund from the drought package from the state government. This was a significant event organised by a small volunteer committee whose primary aim was for not only farmers, but all members of the drought affected Omeo region to have a ‘day off’ the farm and enjoy themselves. There were activities to cater for all ages from a wildlife show, jumping castles, music to comedian Jimeoin for the adults. The day was a huge success with around 1000 people throughout the day and night enjoying the festivities.

I attended the Drought Reference Group meeting and our Federal Member for Gippsland, Darren Chester also attended. A long discussion was held around the impacts the drought will have in 6 to 12 months’ time and what this group can do to assist farmers. The main purpose of this group is to ensure the help provided from all agencies and levels of government, meets the needs of the community and is what is needed on the ground.

Our councillor group also attended and participated in three Planning Consultation Meetings during the course of the month.


5 Officer Reports

Strong Communities

5.1.1 I Love Kinder – Federal Advocacy Campaign

Authored by Georgia Zerbe, Early Years Officer Endorsed by Kate Nelson, Director Community Strategy Document No 7950724 ___________________________________________________________________________ EXECUTIVE SUMMARY The purpose of this report is to seek Council support and provide background information on the I Love Kinder (ILK) advocacy campaign proposed to be rolled out across East Gippsland. Councils across Victoria are encouraged to advocate and get involved in the ILK campaign between now and April 2019. The Campaign is being coordinated by Wyndham City Council with support from the Municipal Association of Victoria (MAV). The objective of the ILK campaign is to secure ongoing commitment from the Federal Government to maintain the current 15 hours of funding for kindergarten beyond December 2019. Currently, the Victorian Government funds 10 hours of kindergarten with the Federal Government contributing the additional five (5) hours. The lead up to April’s Federal budget provides a crucial opportunity to raise awareness to the current Federal Government on the importance of continued funding for early childhood education. RECOMMENDATION That Council: 1. Supports the promotion of the ‘I Love Kinder’ campaign in the lead-up to the 2019

Federal Election; and 2. Writes to the following politicians, as well as other State and Federal Members of

Parliament and Senators as may be deemed relevant, to express the key messages of the ‘I Love Kinder’ campaign detailed in Appendix 1:

a) Prime Minister the Hon. Scott Morrison MP b) Federal Opposition Leader and Member for Maribyrnong the Hon. Bill Shorten

MP c) Federal Minister for Education the Hon. Dan Tehan MP d) Federal Shadow Minister for Early Childhood Education and development the

Hon. Amanda Rishworth MP e) Federal Member for Gippsland the Hon Darren Chester MP

Cr Colin Toohey / Cr Joe Rettino




OFFICER COMMENT / CONTEXT Discussion Research indicates that children who participate in quality early childhood education programs are more likely to have future success in educational outcomes and improved long term wellbeing. “Quality early childhood education and care is best considered as an investment, not a cost. Investment in early childhood education provides a strong return, with a variety of studies indicating benefits of 2-4 times the costs. Significant fiscal benefits flow to both the Commonwealth and state and territory governments.” Lifting our Game Report (2017) Funding uncertainty has impacts for both kindergartens and families who require long term financial assurance. If the Federal Government does not commit to ongoing funding then families may be asked to pay an additional $2,000 per child each year. The ability for kindergartens to engage in long-term planning to provide the best-possible services to children and families will be compromised by the funding uncertainty. The success of the ILK campaign requires few resources. However, it does depend on community engagement and council support to promote the key messages through communication streams such as social media, online petitions and other media events. The ILK Key Messages can be found at Appendix 1. Council Plan Strong Communities Goal 1 - East Gippsland has connected, inclusive and vibrant communities Strong Communities Goal 2 - East Gippsland communities plan for their future Strong Communities Goal 3 - East Gippslanders enjoy healthy lifestyles Council Policy Council has a key role in advocating for and planning services and supports for young children and families. The East Gippsland Early Years Plan identifies Council’s role and commitment to improving the planning, advocacy, development and delivery of services and supports for children and families throughout East Gippsland in partnership with other key stakeholders working in early years. While East Gippsland Shire does not provide kindergarten programs, it does provide several facilities for kindergarten services to operate from. Legislation The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights detailed in the Victorian Government’s Charter of Human Rights and Responsibilities Act 2006. Community The ILK campaign aligns with the following long-term outcomes in the East Gippsland Early Years Plan: 1. Our Children are healthy, developing well, and safe and secure 2. Our families are able to meet the needs and promote the development of their children.


The campaign also fits within Aboriginal Best Start’s primary outcome to increase kindergarten engagement and participation. The aim of which is to improve the health, wellbeing and education outcomes for Aboriginal Children in East Gippsland. The wellbeing of all children, including Aboriginal children, would be compromised if the current level of funding is not maintained. It is considered, therefore, that Council have a clear role to advocate on behalf of children, families and kindergarten services in order for the set outcomes to be achieved. Data from the 2015 Australian Early Childhood Developmental Census for East Gippsland suggests there is room to improve the physical health and wellbeing, language and cognitive skills, communication skills and general knowledge of children arriving at school. Research indicates children who have a quality early childhood education:

• have a smoother transition to primary school;

• have better social and cognitive skills compared to children who do not attend kinder;

• on average, have superior literacy and numeracy once they’re at school;

• in school and beyond, young people who attend kinder remain ahead of those who don’t attend;

• are more likely to finish year 12; and

• on average, experience higher levels of employment, financial security, health and wellbeing.

Organisational

• Financial There are no financial implications for Council associated with this report.

• Human Resources The Early Years Officer will promote the ILK campaign through attendance at Early Years Networks, through community engagement with Early Childhood education and care services. If supported, advocacy letters to State and Federal Members of Parliament and Senators as may be deemed relevant, will be provided and the ILK Campaign Kit will be shared with the Communication’s Team for the promotion of key messages (Refer to Attachment 1). Consultation The following groups support ongoing funding for 15 hours of kindergarten.

• The Children’s Wellbeing Collective consists of a broad range of early years’ service providers including Uniting Victoria, Gippsland Lakes Community Health, Save the Children, Orbost Regional Health, Quantum, the Department of Education and Training and the East Gippsland Primary Care Partnership.

• The Aboriginal Best Start partnership group recognise the importance of 15 hours of funded kindergarten. Key stakeholders of this group include Gippsland and East Gippsland Aboriginal Cooperative, Lake Tyers Aboriginal Trust, Lakes Entrance Aboriginal Health Association, Moogji, Uniting Victoria, Gippsland Lakes Community Health, Save the Children, Orbost Regional Health, Victorian Aboriginal Community Services Association Limited and the Department of Education and Training.


• The Lakes Entrance Early Years Network compromises, Lakes Entrance Kindergarten, Gippsland Lakes Community Health, Save the Children, Milestone Early Learning, Lake Tyers Aboriginal Trust, Lakes Entrance Primary School, Nowa Nowa Primary School, Toorloo Arm Primary School, Saint Brendon’s Primary School, Nungurner Primary School, Swan Reach Primary School, Metung Primary School, Smith Family, Yooralla and Koorie Engagement Support Officers.

APPENDICES AND ATTACHMENTS Appendices

1. I Love Kinder Campaign Key Messages. Attachments 1. I Love Kinder Campaign Kit.


A Liveable Region

Request to speak Michael Sadler, Crowther and Sadler Pty Ltd

5.2.1 Planning Permit Application 223/2018/P: Application for a Two

Lot Subdivision at 33 Jarrahmond Road Orbost

Authored by Martin Ireland, Senior Land Use Planner

Endorsed by Paul Holton, Director Development Document No 7952642 In Attendance Aaron Hollow, Manager Statutory Services

____________________________________________________________________ EXECUTIVE SUMMARY

This report seeks Council’s resolution to issue a Notice of Decision to Refuse to Grant a Planning Permit to Subdivide Land at 33 Jarrahmond Road Orbost. There are 5 Grounds of Refusal proposed forming part of the Recommendation. The basis of the Refusal is that the outcome is inconsistent with the relevant sections of the East Gippsland Planning Scheme relating to the applicable sections of the Planning Policy Framework and the Local Planning Policy Framework as well as the Farming Zone provisions applying to the subject land. A full copy of the proposal is at Attachment 1. The proposed subdivision results in development of the land for a rural residential purpose in an inappropriate area. The proposed subdivision results in an unacceptable fragmentation of land within the Farming Zone and within an area of agricultural importance. The proposed subdivision is contrary to the purpose of the Zone which aims to provide for use of land for agriculture. The proposed subdivision is inconsistent with Local Planning Policy relating to the ‘Protection of Agricultural Land’ which specifically seeks to avoid subdivision outside areas defined as being suitable for rural residential development to the lot sizes as defined in the Schedule to the Zone. The planning permit application was subject to public notice and a referral process, and no objections have been received. Agriculture is an important part of the economy of East Gippsland, and it is important that agricultural land be protected from inappropriate subdivision and development. The East Gippsland Planning Scheme – specifically the Planning Policy Framework, Municipal

Strategic Statement and the Farming Zone discourages negative agricultural and planning

outcomes. The negative outcomes of this proposal include:

• The creation of a small lot that is not connected to any agricultural use;

• The inappropriate use of the ‘dwelling excision’ provision in the Farming Zone;

• The creation of a small lot for lifestyle purposes; and

• Small lot subdivision that could adversely affect agricultural activities on adjoining land.


RECOMMENDATION That Council being the Responsible Authority and having considered all the relevant planning matters, determines that planning application 233/2018/P is inconsistent with the requirements and objectives of the East Gippsland Planning Scheme and therefore resolves to issue a Notice of Decision to Refuse to Grant a Permit for a Two Lot Subdivision at 33 Jarrahmond Road Orbost on the following grounds: 1. The application is inconsistent with the Planning Policy Framework, specifically

Clause 14.01 by creating a small lot in an agricultural area; 2. The application is inconsistent with the Local Planning Policy Framework,

specifically Clause 21.06 by creating a small lot in an agricultural area; 3. The application is inconsistent with the Local Planning Policy Framework,

specifically Clause 21.12 by failing to meet the policy strategies relevant to Orbost; 4. The application is inconsistent with the purposes and decision guidelines of the

Farming Zone; 5. The application results in an unacceptable agricultural outcome.

Cr Jackson Roberts / Cr Joe Rettino


Following discussion, an alternative recommendation was tabled for consideration.

Cr Jackson Roberts / Cr Marianne Pelz

THAT COUNCIL BEING THE RESPONSIBLE AUTHORITY AND HAVING CONSIDERED ALL THE RELEVANT PLANNING MATTERS, DETERMINES THAT PLANNING APPLICATION 233/2018/P IS CONSISTENT WITH THE REQUIREMENTS AND OBJECTIVES OF THE EAST GIPPSLAND PLANNING SCHEME AND THEREFORE RESOLVES TO ISSUE A PLANNING PERMIT FOR A TWO LOT SUBDIVISION AT 33 JARRAHMOND ROAD ORBOST SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE SUBDIVISION AS SHOWN ON THE ENDORSED PLAN(S) MUST NOT BE

ALTERED WITHOUT THE PRIOR WRITTEN CONSENT OF THE RESPONSIBLE AUTHORITY.

2. BEFORE A STATEMENT OF COMPLIANCE IS ISSUED, THE OWNER MUST ENTER

INTO AN AGREEMENT WITH THE RESPONSIBLE AUTHORITY UNDER SECTION 173 OF THE PLANNING AND ENVIRONMENT ACT 1987 TO PROVIDE FOR THE FOLLOWING:

A) LOT 2 MUST NOT BE USED OR DEVELOPED FOR THE PURPOSE OF A

DWELLING.

THE OWNER MUST PAY THE COSTS OF THE PREPARING, LODGING AND REGISTERING THE AGREEMENT AND ANY SUBSEQUENT AMENDMENT, REMOVAL OR OTHER DEALING ASSOCIATED WITH THE AGREEMENT. THE AGREEMENT MUST BE REGISTERED ON THE CERTIFICATE OF TITLE FOR THE LAND.

3. THE OWNER OF THE LAND MUST ENTER INTO AGREEMENTS WITH THE

RELEVANT AUTHORITIES FOR THE PROVISION OF WATER SUPPLY, DRAINAGE, SEWERAGE FACILITIES, ELECTRICITY AND GAS SERVICES TO EACH LOT SHOWN ON THE ENDORSED PLAN IN ACCORDANCE WITH THE AUTHORITY’S REQUIREMENTS AND RELEVANT LEGISLATION AT THE TIME.


ALL EXISTING AND PROPOSED EASEMENTS AND SITES FOR EXISTING OR REQUIRED UTILITY SERVICES AND ROADS ON THE LAND MUST BE SET ASIDE ON THE PLAN OF SUBDIVISION SUBMITTED FOR CERTIFICATION IN FAVOUR OF THE RELEVANT AUTHORITY FOR WHICH THE EASEMENT OR SITE IS TO BE CREATED.

4. THE PLAN OF SUBDIVISION SUBMITTED FOR CERTIFICATION UNDER THE SUBDIVISION ACT 1988 MUST BE REFERRED TO THE RELEVANT AUTHORITY IN ACCORDANCE WITH SECTION 8 OF THAT ACT.

5. THE OWNER OF THE LAND MUST ENTER INTO AN AGREEMENT WITH:

• A TELECOMMUNICATIONS NETWORK OR SERVICE PROVIDER FOR THE PROVISION OF TELECOMMUNICATION SERVICES TO EACH LOT SHOWN ON THE ENDORSED PLAN IN ACCORDANCE WITH THE PROVIDER’S REQUIREMENTS AND RELEVANT LEGISLATION AT THE TIME; AND

• A SUITABLY QUALIFIED PERSON FOR THE PROVISION OF FIBRE READY TELECOMMUNICATION FACILITIES TO EACH LOT SHOWN ON THE ENDORSED PLAN IN ACCORDANCE WITH ANY INDUSTRY SPECIFICATIONS OR ANY STANDARDS SET BY THE AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY, UNLESS THE APPLICANT CAN DEMONSTRATE THAT THE LAND IS IN AN AREA WHERE THE NATIONAL BROADBAND NETWORK WILL NOT BE PROVIDED BY OPTICAL FIBRE.

6. BEFORE ISSUE OF A STATEMENT OF COMPLIANCE FOR ANY STAGE OF THE SUBDIVISION UNDER THE SUBDIVISION ACT 1988, THE OWNER OF THE LAND MUST PROVIDE WRITTEN CONFIRMATION FROM:

• A TELECOMMUNICATIONS NETWORK OR SERVICE PROVIDER THAT ALL LOTS ARE CONNECTED TO OR ARE READY FOR CONNECTION TO TELECOMMUNICATIONS SERVICES IN ACCORDANCE WITH THE PROVIDER’S REQUIREMENTS AND RELEVANT LEGISLATION AT THE TIME; AND

• A SUITABLY QUALIFIED PERSON THAT FIBRE READY TELECOMMUNICATION FACILITIES HAVE BEEN PROVIDED IN ACCORDANCE WITH ANY INDUSTRY SPECIFICATIONS OR ANY STANDARDS SET BY THE AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY, UNLESS THE APPLICANT CAN DEMONSTRATE THAT THE LAND IS IN AN AREA WHERE THE NATIONAL BROADBAND NETWORK WILL NOT BE PROVIDED BY OPTICAL FIBRE.

7. THIS PERMIT WILL EXPIRE IF ANY OF THE FOLLOWING CIRCUMSTANCES

APPLIES:

• THE PLAN OF SUBDIVISION IS NOT CERTIFIED WITHIN TWO YEARS.

• A STATEMENT OF COMPLIANCE IS NOT ISSUED WITHIN FIVE YEARS OF THE DATE OF THE PLAN OF SUBDIVISION BEING CERTIFIED.

IN ACCORDANCE WITH SECTION 69 OF THE PLANNING AND ENVIRONMENT ACT 1987, AN APPLICATION MAY BE SUBMITTED TO THE RESPONSIBLE AUTHORITY FOR AN EXTENSION OF THE PERIODS REFERRED TO IN THIS CONDITION.



OFFICER COMMENT / CONTEXT Discussion General issues The subject land is zoned within the Farming Zone and is located on the periphery of the township of Orbost. The land forms part of a farming precinct used primarily for intensive farming and commercial diary operations. The land currently contains a dwelling and is 8 hectares in size and is located on the Snowy River flats. The land is contained within the current mapping of the Land Subject to Inundation Overlay within the East Gippsland Planning Scheme, being part of the Snowy River floodplain. Given the proximity of the land to the Snowy River Flats, the ability and possible enhancement of the land to contain an agricultural activity is present. There is an inherent ability for an agricultural use to come forward. Similarly, as the land forms part of the Snowy River Flats there is the potential for rural

residential intensification to pose a threat to the continued operation of sustainable agricultural

operations.

Agricultural land is a finite resource that requires protection from inappropriate subdivision. The Gippsland region features a strong and varied agricultural sector, and is a core part of many communities in the region. It is necessary that farmers have access to sufficient areas of land to carry out a wide range of agricultural uses in a cost-effective manner. The subdivision of land into smaller lots, including house lot excisions, can have ongoing implications for the supply of affordable agricultural land by driving up land prices beyond the productive value of the land and causing land use conflicts. An assessment of the proposal against the East Gippsland Planning Scheme is provided at Attachment 2.

Settlement planning and current strategic implications Good planning practice in settlement planning involves the establishment of a settlement boundary which is then reflected in the use of the planning zones. The subject land is located on the edge of the existing township, immediately adjoining low density and rural living zoned land. Key strategies identified for Orbost include consolidation of existing town boundaries. Local planning policy identifies in the longer term, residential growth to the east of the existing township. In this case, the land is in the Farming Zone and does not have support for development or further subdivision from the Local Orbost Planning Policy objectives. The land subject to this proposal is on the edge of town, but is not in town. Therefore, the use of the Farming Zone is viewed as being very deliberate, and as an attempt to hold and protect that land from further intensification. As the town develops and grows, the land at the periphery needs to be developed in a coordinated and logical pattern. One of the biggest threats to this, is the gradual and incremental intensification of land on an ad-hoc basis.


While Council does not currently have any strategic projects underway for this land, in 2016 land was rezoned at 66 Jarrahmond Road (from Farming to Rural Living). At the same time, a permit to subdivide in accordance with the new zone was issued with the rezoning. It is expected that the subdivision will receive Statement of Compliance in the first half of 2019. The private planning scheme amendment resulted in a rezoning of the land which changed the zone of the land to facilitate the rural residential development of the land. This resulted in a diversity into the housing market in the form of Rural Living Zone land which is subdivided and available for future development of 13 dwellings. The land in the current application has not been the subject to a strategic assessment and has not been rezoned for rural residential purposes. Although the scheme may allow for the application to be made it is argued that, the outcome is a contrived one that seeks to utilise a planning provision not intended to result in the creation of rural residential lifestyle allotments. As such, ad-hoc subdivisions nearby that have not been through a strategic process represent a threat to the success of the planning objectives for the adjoining land. Moreover, the land over Jarrahmond Road is the identified Rural Living precinct for Orbost. Land to the south is zoned for Low Density Residential purposes, this also adds to the stock of available land. As such, there is considered to be a sufficient supply of land set aside for lifestyle living to warrant the refusal of the proposal before us, given it is outside the settlement, and outside any areas identified for lifestyle living development. The subject land is a small existing farming lot within the farming zone, with a majority of the land included within the Land Subject to Inundation Overlay and forming part of a floodplain for the Snowy River. The proposition of the Application is the subject allotment is an existing small lot located within the township which is not current performing or supporting an agricultural use and as such further subdivision of the land does not result in the loss of land from active agricultural production. The premise of the Application is fundamentally flawed and does not recognise the land’s agricultural significance and potential to perform and contribute to commercial agricultural production. The land is located on the Snowy River flats, the land has fertile soils, has favourable climatic conditions, access to water and access to farming infrastructure. It is argued by the Proponent, that the proposed subdivision is required and will result in the ability of the fertile land to be transferred to allow the land to be used more intensively. This is premised upon a notion that the fertile land is surplus to the needs of the dwelling. This position and rationale for the proposed subdivision is not supported in relevant planning policy framework. The land is able to be used more intensively without the need for approval of the proposed subdivision. Farming Zone Clause 35.07 (Farming Zone) which says that proposals need to relate to agricultural production, to retain agricultural land, to support and enhance agricultural production and avoid development that could limit agricultural production. The fundamental reason the Farming Zone is in the Planning Scheme, is to protect and ‘hold’ land for the continued ability for Victoria to produce and contain a wide variety of agricultural uses. The most relevant purpose of the zone pertaining to this application is:

• To provide for the use of land for agriculture.

• To encourage the retention of productive agricultural land.

• To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture.


The proposal currently before Council has failed to demonstrate any link between the proposal and an agricultural use of the land. The core failing of the application is its failure to demonstrate that the outcome is consistent with Local Policy as well as the purpose of the Farming Zone. Planning Policy Framework The overarching purpose of the relevant protection of agriculture clause contained within all planning schemes across Victoria is to protect productive farmland which is of strategic significance in the local context. Productive land is defined in terms of soil types, climatic conditions, agricultural infrastructure and pattern of subdivision. The specific clauses of Planning Policy that suggest that the proposal should not be supported are:

• Clause 14.01 (Agriculture) which states that small lot subdivision which is not connected to agriculture is a negative outcome that should be avoided;

Much of the rationale for refusing the proposal is discussed below. However, overarching policy which applies equally to the whole of the state directs that small lots should not be created in areas of agricultural use. The Snowy River flats are recognised for providing opportunities for and maintaining intensive irrigated agriculture. The proposed subdivision results in the fragmentation of land and results in the creation of a rural residential lifestyle allotment. The subdivision has the effect of promoting the residential amenity consideration of the dwelling separate to the operation of the farming. The residential amenity of dwellings in residential areas is different to that of dwellings in farming zones. The existing dwelling is currently a dwelling in associated with a farming parcel of land. The subdivision has the outcome of separating the farming use from the dwelling use and in doing so elevates the residential amenity considerations of the dwelling. This means that it places the ongoing agricultural production and viability of land in jeopardy. This outcome is inconsistent with the planning policy framework relating to agricultural land. Local Planning Policy Framework The site characteristics suggest that the highest and best for this land is to serve an agricultural outcome given the proximity of the land to the Snowy River Flats. As such, the land has not been ‘lost’ from agriculture. It may be currently not used actively, however this is not a relevant strategic justification for subdivision of the land. Specifically, policy states the decisions should not support small lot subdivision outside areas identified for rural residential uses. The land in this proposal is not identified as being an area for rural living purposes. Indeed, the Orbost Strategy Map identifies the land as being in a precinct of no development. The creation of another lot is counter to this objective. Clause 21.06 (Natural Resource Management) states that the fragmentation of rural land holdings should be avoided, and that subdivision not connected to agriculture should be discouraged. Local Policy further states that rural land should be used efficiently and that productive soils should be protected.


The proposition of the proposal currently before Council, is that the land is not currently being actively used for an agricultural purpose and thereby agricultural production is not lost. This does not adequately address the reasons why a subdivision will result in the re-commencement of active agricultural use of the land. The Application does not include consolidation of land with adjoining farming land and does not support the imposition of a section 173 legal agreement preventing development of the balance land for the purposes of an additional dwelling. The Snowy River Flats is identified as being of high significance in terms of versatility and potential. The proposal before Council would create a rural living lot near to some of the most productive soils in Gippsland. This is counter to local policy objectives which seek to protect key agricultural land from non-agricultural outcomes that could compromise their ability to operate or expand. The Application is considered to result in the elevation of the residential amenity associated with the separation of the existing dwelling from the farming operation, provides no surety that the balance land will be used for active production and furthermore is premised upon the possibility that future application for an additional dwelling is possible. The Application does not propose consolidation of the farming balance with adjoining land and does not agree with the imposition of a section 173 legal agreement preventing development and use of the balance of the land for the purposes of a dwelling. The Application is not supported by the relevant sections of local planning policy relating to agricultural land. Right to Farm In recent times, the Right to Farm has been brought into the planning space in general terms. The creation of rural residential outcomes in areas of agricultural production, threatens the ability for existing farms to continue their operations, and also jeopardises future agricultural proposals. This is done through the expectation of amenity from those seeking a ‘quiet lifestyle’ in a rural landscape. Despite VCAT continually ruling that noises, sights, smells and sounds typical of agricultural operations are to be expected, amenity conflicts can best be avoided by not creating the conflict in the first place. Better Use of Existing Rural Residential Opportunities East Gippsland already has a considerable supply of rural residential lots at a range of sizes, such that further subdivision for genuine agricultural reasons will rarely be necessary. Many areas that have experienced high levels of fragmentation may require consolidation or restructure through boundary realignments in order to create economically competitive land units. Particularly when considering the uncertainty of changing climatic conditions. It is for this reason, and many other reasons that the Planning Scheme affords protection to rural and agricultural land. By protecting agricultural land, it ensures that there will be sufficient land set aside for genuine agricultural operations for now, and the years ahead. While lifestyle lots and hobby farms are a legitimate desire, there is already an abundance of land zoned for this purpose (Rural Living Zone and Low Density Residential Zone). There is sufficient land in Orbost which is zoned for rural living outcomes. Land already zoned for rural residential purposes is available throughout the Municipality. This zoning classification has been based upon strategic thought and includes provision of services such as roads, town water and proximity to community infrastructure. This land, has been strategically located to meet State planning requirements and should attract subdivision approval instead of land zoned for farming purposes.


Priority must be given to promoting and facilitating the creation of rural residential opportunities within the Rural Living Zone/Low Density Residential Zone where development standards are implemented to an appropriate level. This in turn, assists Council in achieving its goal of creating pleasant places for people to live.

Figure 3 – A map detailing the zoning around Orbost. Lifestyle lots are given specific mention in the Planning Policy Framework as being one of the biggest threats to agricultural land. Lifestyle lots are encouraged to be created on land in an appropriate zone such as the Rural Living Zone. The creation of small lots in agricultural areas has the potential to:

• Permanently remove land from being used in a productive agricultural manner;

• Create amenity conflicts between genuine farming enterprises, and residents of a dwelling on a ‘lifestyle lot’;

• Create a resource burden on service providers and Council;

• Place people in an isolated environment away from social infrastructure;

• Artificially inflate the price of land in rural areas (which prevents genuine enterprises from expanding their holdings or operations); and

• Threaten the broader agricultural sector.


Figure 4 – The subject land at 33 Jarrahmond Road Orbost


Figure 5 – The proposed plan of subdivision.


Figure 6 – The subject land in relation to Orbost the Snowy River Flats. Are there any relevant VCAT decisions? Refusal of small lot subdivisions in the Farming Zone is a planning issue that VCAT has been consistent. Typically, it is rare for a small lot subdivision to be approved in the Farming Zone, by VCAT. A table of recent VCAT decision relating to proposals in the Farming Zone can be found at Attachment 3. When the state-wide planning provisions changed in 2007 (from the Rural Zone to the Farming Zone), the East Gippsland Shire had an application proceed to VCAT for review, Jacques v East Gippsland SC [2007] VCAT 1466. That review was one of the first ‘tests’ of the new Farming Zone. In that case, Councils refusal of a small lot subdivision in the Farming Zone was upheld.

In that decision, the following remarks were made: Individually a decision to excise a house lot may have seemed sound at the time but the collective result is the loss of rural land and ultimately it presents as a poor planning outcome. This is not to suggest that any one individual person or authority has deliberately undermined the rural land resource but it is clearly an example of ad-hoc and inappropriate subdivision. In 2012, another proposal to subdivide land into two lots (in this case each lot contained a dwelling) was refused. Land at 117 Lancaster Road Swan Reach was the subject of a proposal to create two lots, and was refused as the proposal did not meet the objectives of the planning scheme. In Jacques v East Gippsland SC [2007] VCAT 1466 (the subject land was 200 Bengworden Road Bairnsdale), the Tribunal stated: The ad-hoc approach to subdivision and rural housing excision in this area is a clear example where previous planning controls, allowing subdivision for lifestyle lots, have been administered to create a de facto rural living enclave some eight kilometres west of Bairnsdale. This enclave has no direct access to any town infrastructure including shops, banks, medical or community services, the housing lots make no contribution to town infrastructure, and residents must rely solely on motor vehicle transport for access to any town services. There are several parallels between the Jacques case and this one. Therefore, it is appropriate to consider that case as relevant. Agricultural justification The proposition of the Application is that the subdivision will enable the balance land to be transferred to another land owner to facilitate agricultural production of the land. The Application does not offer consolidation of the balance land with an adjoining owner. The Application does not agree with the imposition of a section 173 legal agreement to restrict the future development and use of the balance land for the purposes of a dwelling.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2007/1466.html

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2007/1466.html


The Application fails to address the residential amenity considerations of the creation of rural residential outcome in the Farming Zone. The Application argues that the farming land is surplus to the needs of the dwelling. Argument is presented that the land is already a smaller lot less than the schedule to the Farming Zone and as such the size of the allotment renders the allotment less significant in agricultural terms. The subject land is located in an active commercial agricultural precinct as recognised in the East Gippsland Planning Scheme. The land has fertile soils as part of the Snowy River flats. The land performs an important role in agricultural production at a local level.

It is reasonable position for Council to advance that in all likelihood a future planning application will be lodged to seek approval of the balance land to be used and developed for the purposes of a dwelling. The following is a quote from the Applications Planning Submission at page 7. It reads; “The rural balance (Lot 2) is surplus to the needs of the dwelling and is underutilised…. There is no expectation that Lot 2 being a small lot within the Farming Zone will grow a dwelling however we highlight that it would be not unreasonable if a dwelling was required to aid agricultural production”.

It is considered that the presumption of the Application fails to meet the planning policy framework and the relevant local planning policies contained within the East Gippsland Planning Scheme.

Council Plan

Strong Communities Goal 1 East Gippsland has connected, inclusive and vibrant communities

Legislation The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights detailed in the Victorian Government’s Charter of Human Rights and Responsibilities Act 2006. This planning application has been processed and assessed in accordance with the Planning and Environment Act 1987. Organisational

• Financial

Nil

Consultation Public notice was undertaken in accordance with section 52 of the Planning and Environment Act 1987. Adjoining land owners were notified and a sign placed on site. No objections were received.


APPENDICES AND ATTACHMENTS Appendices Nil Attachments 1. Planning permit application submission from the applicant. 2. Assessment of the application against the East Gippsland Planning Scheme. 3. Table of relevant VCAT decisions.


Procedural Matter Cr John White vacated the Chamber at 1.38 pm.

A Growing Region of Opportunities

5.3.1 Wurinbeena Studio Gallery - Funding Application

Authored by Marlene Rickhuss, Economic Development Administration Officer Endorsed by John Morton, Manager Economic Development Document No 7828237 In Attendance John Morton, Manager Economic Development __________________________________________________________________________ EXECUTIVE SUMMARY Wurinbeena Ltd is an indigenous art business which is currently establishing a studio space in Myer Street Lakes Entrance. Wurinbeena Ltd has recently submitted a funding application through Council’s Economic Development Discretionary fund, Attachment 1. The funding sought from Council will be used to upgrade a retail shop façade, window lighting and art display infrastructure. The funding application was tabled for endorsement at the September 2018 meeting of the Economic Development Advisory Board, the Board endorsed the funding application subject to Wurinbeena Ltd providing a satisfactory business plan. The confidential business plan was recently provided to councillors for information, however, will not be circulated with the public report. The studio, in addition to offering Lakes Entrance a new retail and tourism business, will also deliver an Aboriginal art and cultural centre that will create a small industry cluster providing training, employment, workshops, and art exhibitions. The Studio is part of a wider project, the Gunyah Project, that began several years ago and was successful in receiving $200k of funding through a Creative Victoria grant. In 2013 Council also provided $10k in funding for the development of a business case to support the Gunyah Project. As documented in the funding application, there are few Aboriginal Cultural spaces located in Lakes Entrance even though Lakes Entrance has the second largest Aboriginal population in the State. The Studio will assist to promote East Gippsland’s indigenous community through art as well as provide a home for local Indigenous artists. Importantly, it will also provide an additional tourist attraction in Lakes Entrance for visitors to East Gippsland. The project proposal has been endorsed by Councils Economic Development Advisory Board.


RECOMMENDATION That Council approve one-off funding to Wurinbeena Ltd, proprietors of the Wurinbeena Studio Gallery for the amount of $15,000 from the Economic Development Discretionary fund to be used to upgrade a retail shop façade, window lighting and art display infrastructure.



CARRIED UNANIMOUSLY 05/03/19 OFFICER COMMENT / CONTEXT Discussion As outlined in the funding application the Studio will;

• Help strengthen Council’s initial $10k investment that will develop the first highly visible Aboriginal retail space in Lakes Entrance;

• Significantly improve the Lakes Entrance retail aesthetics and visitor appeal, being in a prominent CBD shopping precinct with a number of vacancies in surrounding buildings;

• Support the Lakes Entrance Aboriginal population and many artists who would embrace the opportunity to showcase and sell their work from their own local gallery; and

• Provide Lakes Entrance, being East Gippsland’s major tourist town, with a local Aboriginal art cultural experience.

Council Plan A Growing Region of Opportunities Goal 1 - East Gippsland is a region of economic opportunity with strong industry sectors, a skilled workforce and local jobs;

• Economy: 33. Ensure Businesses in emerging sectors are able to find and fit out the space

they need to start, grow and scale their companies;

• Economy 36: Foster an environment in which small business can succeed;

• Economy: Actively pursue and develop international tourism products, experiences and

infrastructure that encourages people to spend more time in East Gippsland.

Within the Council Plan, there are other community and cultural actions that this project supports. Within the Economic Development Strategy, this project supports the delivery of Actions:

• 42. Investigate the need for, and pursue identified opportunities in the following niche tourism

sectors: Aboriginal tourism;

• 43: Deliver the actions detailed in the Gippsland Lakes Ecotourism Plan;

• 47: Support projects to develop opportunities for East Gippsland’s key tourism strengths

including Arts/culture/heritage.

The project also support’s other actions from various Council Plans including:

• Reconciliation Action Plan; and

• Aboriginal Tourism Plan.


Community Lakes Entrance has the second largest Aboriginal population in the State. Currently, for visitors and locals driving through Lakes Entrance, there is nothing visible to identify and celebrate the rich cultural story of the first peoples. The studio gallery will assist to bring employment opportunities and skill development to the Aboriginal community struggling with generational poverty and high unemployment. Wurinbeena Ltd, has secured a 3-year lease for the premises with funding from Creative Victoria’s Organizational Investment Program. The project will help re-invigorate the Myer street precinct and Wurinbeena Ltd have received additional funding which will go towards training and delivering support to the community. The project also aims to create a welcoming positive environment in Lakes Entrance, and an introduction to the local aboriginal culture for visitors that promotes and make accessible the GunaiKurnai culture and history. Fostering the East Gippsland Reconciliation Plan is paramount in to Wurinbeena’s Strategic goals. The space will provide a nurturing, positive environment for the Reconciliation Action Plan goals to be fostered and flourish. The space will provide a powerful place for all to embrace reconciliation through creative arts practice and community cultural development. Organisational

• Financial If approved, the $15k funding will be derived from Council’s Economic Development Discretionary Fund. We understand that Wurinbeena Ltd has also received another $160,000 grant through Creative Victoria in the 2018/19 year for various programs. Of that, $70,000 is the first of three annual payments from Creative Victoria to pay for arts based project delivery.

• Amenity/Environment The Studio Gallery will be located at Myer Street Lakes Entrance, a prominent retail area. The gallery will create a unique art space in a central location of the CBD. Myer street currently has four empty retail shops, the art space will assist in bringing tourists to the retail area as an incubator for the creation, promotion of culture, and sales of Aboriginal art.

Consultation Not applicable APPENDICES AND ATTACHMENTS Appendices Nil Attachments 1. Wurinbeena Studio Gallery Discretion Fund Application


Good Governance

5.4.1 Report on Audit and Risk Committee Meeting held on

26 February 2019

Authored by Steven Columbus, Governance and Compliance Coordinator Endorsed by Maryanne Bennett, Director Corporate Document No 7969477 _________________________________________________________________________ EXECUTIVE SUMMARY This report provides Council with an overview of the issues considered by East Gippsland Shire Council Audit and Risk Committee (the Committee) at its meeting held on 26 February 2019. Issues of note considered by the Committee included the following:

• Michael McStephen was elected as Chair of the Committee for all meetings to be held in 2019;

• Two new Committee members attended their first meeting: independent member Jason Hellyer and the Mayor, Councillor Natalie O’Connell;

• Justin Brook of DMG Audit & Advisory (Council’s external auditors) presented the Audit Strategy for the 2018/19 financial year and responded to Committee queries;

• Gabrielle Castree of Crowe Horwath (Council’s internal auditors) presented a report on the internal audit of Council’s Contract Management, which was undertaken during the quarter in accordance with Council’s Internal Audit Plan 2018-21;

• The Audit Actions Update Report on the Raymond Island Ferry Outage 2017 confirmed that of the 16 management actions required to be undertaken, eleven have been completed, four are on schedule and one is currently a little behind schedule. The Committee noted that this action has been delayed due to Council officers proactively commissioning an independent review of the remaining maintenance contracts to ensure the implemented controls are effective;

• The Committee was provided with an update on the compliance of procurement activity for the period 1 July to 31 December 2018. Council officers provided commentary on the issues currently preventing the extraction of information against key purchasing compliance measures and advised of action being taken to overcome these.

• The Committee discussed progress being made on delivery of the Capital Works Program and queried whether some projects may need to be carried forward into the 2019/20 financial year. Council officers confirmed that some projects will need to be carried forward and this is considered unavoidable given the unusually large program. Officers also advised that over time, as the new project management framework and other improved processes are fully implemented, the number of projects needing to be carried into subsequent financial years will reduce.


• Also discussed was Council’s potential exposure to reputational damage as a result of unwarranted criticism of Council actions or decisions via social media. The Committee noted the Chief Executive Officer’s intention to undertake an internal review of Council’s current systems and processes for managing social media, for report back to the Committee and Council at the earliest opportunity.

The Committee also received and considered the usual suite of quarterly reports and updates on regularly reported or previously identified matters, and provided feedback on these as required. RECOMMENDATION That Council notes this report on issues considered by the East Gippsland Shire Council Audit and Risk Committee at its meeting held on 26 February 2019.



CARRIED UNANIMOUSLY 05/03/19 OFFICER COMMENT / CONTEXT The Committee meets on a quarterly basis to consider issues particularly relevant to the governance of Council and to formulate recommendations for Council’s consideration. Issues considered at the meeting held on 26 February 2019 included the following: Internal Audit Current and Outstanding Actions The Committee was provided with an update on progress made during the quarter in relation to previously identified risks and remedial actions required. The Committee noted that there was one request for an adjusted due date, in respect of the finalisation of the Business Continuity Policy and Plan, and approved an extension until April 2019. External audit strategy 2018/19 Justin Brook of DMG Audit & Advisory attended the meeting and presented the planned Audit Strategy for the 2018/19 financial year and responded to Committee queries.

Internal Audit Plan 2018-2021 and Contract Management Audit In its quarterly report to the Committee, Crowe Horwath, Council’s internal auditors advised that delivery of the first year of the three-year Internal Audit Plan is on schedule. For the first of the scheduled audits, Contract Management, the Internal Auditor’s report indicates that the contract management controls currently in place need strengthening. The review identified a range of controls that should be implemented and/or improved to reduce the identified weaknesses and exposures. Specifically, the Report makes 17 recommendations, all of which have been agreed to by management. Notably, the report does not note any high-risk issues.


Raymond Island Ferry Outage 2017 - Audit Actions update The Committee was provided with an update on progress made during the quarter in relation to actions arising from the Raymond Island Ferry Outage 2017 Internal Audit Report (the Report). The Report was presented to Council at its meeting of 4 September 2018, where the reporting regime on outstanding actions from the audit were approved. A further six actions have been completed, taking the total number of completed actions to 11 (of 16). Several of these were completed through the finalisation of the revised Procurement Policy; the review and subsequent awarding of the Raymond Island Ferry maintenance contracts at the end of 2018, and improvements to the Project Management Framework. Of the five actions not yet completed, one is behind scheduled and the other four are due to be completed by 30 June 2019. The Committee was satisfied with the progress made. Regular Updates The Committee received and noted updates in respect of several regularly reported or previously identified matters, including reports for the period ending 31 December 2018 on:

• Debtors;

• Finance;

• Capital Works and Landfill Rehabilitation Projects;

• Risk Management;

• Legal Activities; and

• Major Insurance Claims Victorian Auditor General’s Results of 2017-18 Audits: Local Government VAGO identified that although the sector’s short-term financial sustainability risk indicators remain strong, the sector continues to demonstrate declining asset renewal and maintenance indicators, highlighting the need to prioritise asset maintenance. The report identified initiatives that all Councils could implement to strengthen financial reporting outcomes. These include: 1. Establishment of formal processes for reviewing data quality; 2. Formalising ongoing training for finance staff; 3. Establishing and implementing a framework for financial reporting activities; and 4. Assessing financial statement risk. Council already has processes in place that address most of these items and these are the subject of regular review to identify opportunities to improve current practice. However, a further review focusing on these specific matters will be undertaken. Local Government Insurance Risks – Victorian Auditor General’s Office Report The Committee was provided with a report that outlined the findings of this report and advises of actions Council officers have taken, or are taking in respect of the recommendations made in the Victorian Auditor General’s Office (VAGO) “Local Government Insurance Risks” report published in July 2018. The Committee considered the detailed management responses to each of the VAGO recommendations for Local Government and deemed these satisfactory.


Incident Update - Bairnsdale Aquatic and Recreation Centre (BARC) and review of the Lakes Entrance Aquadome The Committee was briefed on the failure of hanging brackets and clips that occurred while Council contractors were removing existing steel air ducting at the BARC on 26 September 2018 as part of the facility upgrade project. The incident prompted a review of hanging brackets and clips supporting internal air ducting at the Lakes Entrance Aquadome. The inspection found that many of the clips were rusting to varying degrees and therefore, they will be replaced during the forthcoming six-week closure of the facility. Procurement Activity Biannual Compliance Update (July – December 2018) The Committee was provided with an update on the compliance of procurement activity for the period 1 July to 31 December 2018 against the current policy and the implementation of actions to improve procurement compliance across the organisation. The Committee was informed that software issues have prevented officers from preparing a snapshot of purchasing compliance against many key measures, such as threshold compliance (correct market engagement used), purchase order compliance (invoice date being after purchase order date) and service contract status. The Committee noted that officers are pressing the software supplier to implement a solution within the next few months. The Committee was advised that one breach of the Procurement Policy had occurred during the quarter and was satisfied that appropriate management action had been taken in response. Fraud Control Procedure The draft Procedure was considered by the Committee. The procedure was accompanied by a listing of the current fraud and corruption related risks from the Operational Risk Register, together with an assessment of several new risks to be included in the Register. The Committee noted that following its input the draft Procedure will be finalised for management approval.

Victorian Auditor General’s Office report – Delivering Local Government Services September 2018 The Committee was provided with a report that detailed the actions Council is taking in response to the recommendations made in the VAGO “Delivering Local Government Services” Report (the Report) published in September 2018. A detailed assessment of how Council is responding to each of the VAGO recommendations was provided to the Committee. The report details a number of initiatives being undertaken by Council to approach best practice, including the development of an integrated planning framework and the organisation’s transition to a Service Manager Model that includes service planning and service reviews.


Corporate Closed-Circuit Television (CCTV) Procedure The draft Corporate Closed-Circuit Television (CCTV) Procedure was provided for the Committee’s review and comment. The Committee was satisfied with the procedure and clarified that in future, it will be responsible for reviewing the operation of Council’s public space and corporate CCTV systems via the medium of reports received from Council officers. Council Plan Mid-Year Progress Report 2018-19 The Committee noted this report for the period 1 July to 31 December 2018, which provides a high-level summary of progress against major initiatives, strategies and performance measures detailed in the Council Plan 2017-2021. The Local Government Performance Reporting Framework (LGPRF) half yearly results are also included in the Mid-Year Report. The Committee was satisfied with the structure and content of the Report; however, suggested that when an abridged version of the report is made available to the public, officers should ensure that suitable context is included, and the means for interested members of the public to access further information provided. This will aid the community in interpreting the wealth of information on offer. Urgent Business A concern was raised about Council’s exposure to reputational risk that arises from misguided criticism of Council actions or decisions via social media. The Chief Executive Officer committed to undertake an internal review of this aspect of Council’s operations with the objective of ensuring the measures and processes for managing actual or anticipated social media criticism are appropriate. The Committee requested that a report be brought back to it for review, and subsequently to Council, at the earliest opportunity. Council Plan 2017-2021 Good Governance Goal 1 - East Gippsland Shire Council is inclusive, engaged and open Good Governance Goal 3 - Council is in a strong financial position and can provide for future generations of East Gippslanders. Legislation Section 139 of the Local Government Act 1989 requires all Councils to establish an Audit Committee. Organisational

• Financial An attendance fee is paid to the four external members of the Audit Committee. This expense is accommodated within Council’s annual operating budget.

Consultation Not applicable


APPENDICES AND ATTACHMENTS Appendices Nil Attachments Nil


5.4.2 Proposed Special Council Meeting to consider Rural Councils

Transformation Program Grant Funding Requirement

Authored by Maryanne Bennett, Director Corporate Endorsed by Anthony Basford, Chief Executive Officer Document No 7956344 ___________________________________________________________________________ EXECUTIVE SUMMARY This report seeks Council’s approval to call a Special Meeting of Council to formally consider its participation in a joint application for funding under the Victorian Government’s Rural Councils Transformation Program. On 3 December 2018, notification was received from Local Government Victoria (LGV) that an expression of interest lodged on behalf of Bass Coast, East Gippsland, South Gippsland and Wellington Shire Councils for funding of $5 million through the $20 million Rural Councils Transformation Program had been approved to proceed to business case preparation and submission by 31 March 2019. The subject of the funding application is a shared services project currently under investigation by the four Gippsland Councils. LGV has advised that a critical element of the business case is a formal resolution by each of the four participating councils articulating their commitment to proceeding with the project detailed in the business case, if the funding application is successful. RECOMMENDATION That Council: 1. schedules a Special Meeting of Council to consider its participation in a joint

project with Bass Coast, South Gippsland and Wellington Shire Councils that is under consideration for funding through the Victorian Government’s Rural Councils Transformation Program; and

2. that the Special Meeting be held in the Corporate Centre, 273 Main Street Bairnsdale on Tuesday 26 March 2019 at 6.00 pm.

Cr Marianne Pelz / Cr Jackson Roberts




OFFICER COMMENT / CONTEXT Discussion Towards the end of 2018, an expression of interest was lodged on behalf of the Bass Coast, East Gippsland, South Gippsland and Wellington Shire Councils for funding of $5 million under the Victorian Government’s $20 million Rural Councils Transformation Program. The funding is being sought in respect of a shared services project currently under investigation by these four Gippsland Councils. The objective of the project is to deliver the following:

• An operating model to enable cost effective and efficient administration and transaction services, while optimising the advantage of economies of scale.

• An enabler of continuously improving efficiency and customer service.

• An enabler of the future provision of shared services to other councils and potentially, government entities.

On 3 December 2018, notification was received from LGV that the expression of interest application under the Rural Councils Transformation Program had been approved to proceed to business case preparation and submission by 31 March 2019. LGV has advised that a critical element of the business case is a formal resolution by each of the four participating councils expressing their commitment to proceeding with the project detailed in the business case, if the funding application is successful. Council Plan Good Governance Goal 3 - Council is in a strong financial position and can provide for future generations of East Gippslanders. Good Governance Goal 2 - Our relationships with other levels of government and partners deliver great outcomes for East Gippslanders Council Policy Formal meetings of Council are conducted in accordance with East Gippsland Shire Council Local Law No. 1 - Procedures for Council Meetings (Local Law). Clause L3.1 of the Local Law stipulates that public notice of special or ordinary Council meetings will be given at least seven days before the meeting, barring urgent or extraordinary circumstances. Clause L3.3 of the Local Law provides that Council may call a special meeting of Council by resolution. Legislation Section 84(2A) of the Local Government Act 1989 provides for Special Meetings of Council to be convened. Scheduling of the proposed Special Meeting of Council is in accordance with section 84 of the Act. The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights detailed in the Victorian Government’s Charter of Human Rights and Responsibilities Act 2006.


Organisational

• Financial Adoption of the recommendation detailed in this report will incur no financial impost for Council.

Consultation In accordance with the relevant provisions of the Act and Local Law No. 1, appropriate public notice of the Special Council meeting will be given. APPENDICES AND ATTACHMENTS Appendices Nil Attachments Nil


5.4.3 Implementation of the Drought Communities Program -

Extension Projects – Request to delegate authority to the Chief

Executive Officer to authorise project procurement

Authored by Kate Nelson, Director Community Strategy Document No 7955771 __________________________________________________________________________ EXECUTIVE SUMMARY East Gippsland Shire has been drought declared by the Australian Government. The means that Council has an opportunity to make application for funding under the Drought Communities Program – Extension Funding Program. This program is focussed on the delivery of projects that generate employment and economic activity in the community, primarily through the delivery of infrastructure projects. Council has made an application for $1 Million, which is the maximum amount of funding that can be sourced. A requirement of the Program is that the projects proposed need to be delivered by 30 June 2019. An application has been made for two substantial infrastructure projects, which are:

• The installation of roofing over the sheep pens at the East Gippsland Livestock Exchange in Bairnsdale as part of a broader program to upgrade these facilities; and

• The installation of up to 18 Static Firefighting Water Supplies at communities across the Shire.

These projects have been selected because of they provide strategic benefits to the community. Given the pressure to deliver these projects on time, Officers are requesting that Council consider delegating the authority to consider an award contracts for these projects to the Chief Executive Officer as a specific arrangement for these projects only. RECOMMENDATION That Council: 1. Delegates authority to the Chief Executive Officer to consider and award contracts

for the following two projects, if Council’s application for funding through the Drought Communities Program – Extension for them is successful:

• East Gippsland Livestock Exchange Sheep Pen Renewal construction of roofing; and

• Installation of Emergency Water Supply Infrastructure at various sites across East Gippsland Shire.

2. Notes that delegation of this authority will expedite the procurement process and

facilitate delivery of the projects by 30 June 2019, as required by the Drought Communities Program.





OFFICER COMMENT / CONTEXT Discussion East Gippsland Shire is one of two Victorian municipalities that have been formally drought declared by the Australian Government. This declaration means that Council is eligible and has been invited to make application for up to $1M funding through the Drought Communities Program – Extension (Program). The focus of this Program is to implement projects that will generate employment and economic activity in the community generally, and are primarily focussed on infrastructure projects. Following consultation with the Council facilitated East Gippsland Drought Reference Group, an application has been submitted to the Program. That application includes two large Infrastructure Projects, which are: 1. East Gippsland Livestock Exchange Sheep Pen Renewal - $550,000 Contribution to the

construction of roofing.

Council is progressing a project to upgrade the existing sheep pens at the Livestock Exchange. The roofing infrastructure is an important contributor to animal welfare in extreme heat and flood conditions because the roofing provides a more appropriate environment for the containment of animals while at the Livestock Exchange. Allocation of funding as a contribution to the roofing element means that the entire roofing project would be able to be delivered, where it would otherwise not be possible at this time. The new area of the facility when roofed is known to be one of the first in the state to have soft floor for sheep and will provide undercover livestock respite for locals to utilise in times of drought to ensure their livestock is fit for sale and / or transit. In supporting local farmers to meet all animal welfare requirements EGSC aim to support the continued sale of livestock in such challenging times where conditions may have in the past limited the sale for skinny cattle. With added roof space, comes added water catchment. The installation of roofing facilitates the capture of rain water for use at the site and potentially for the adjoining recreation reserve minimizing runoff from open yards to the environment and generating operating savings. The total cost of the roofing proposed to be constructed is estimated at this stage to cost in the order of $770K

2. Strategic Emergency Water Supply Installations - $290,000

Council has been implementing a program providing for the installation of emergency water supplies for fire response agencies to access in strategic locations across the Shire. This work forms part of the East Gippsland Integrated Fire Management Plan and has been carried out using small amounts of external funding as it become available. Currently there are 21 tanks installed at agreed locations across the municipality. This element of our proposal provides the acceleration of the roll out of Water Supply points to up to approximately 15 additional locations. The project involves installing 46,000l concrete water tanks at strategic locations on publicly accessible land agreed to in conjunction with the CFA. The tanks are installed with lockable CFA couplings which are designed only to be accessed for firefighting purposes. Each tank has the capacity to provide fills for 17 Fire Trucks or 200 slip-on vehicles. Council will also trial the installation and operation of a ground water bore and standpipe consistent with the Emergency Water Supply Points program promoted by the Victorian Government at a location to be determined. This represents a significant immediate response resources for communities and is particularly important in times of drought when natural or dam water supplies are also under extreme pressure.


This project would see the installation of concrete tanks at as many locations that we identify as

the budget will enable. The cost to install and commission each tank is estimated to be around

$15K depending on the distance from the nearest concrete supplier. Water contractors would

also be engaged to provide the first fill for each tank installed. An allocation has been included

to engage up to five (5) communities in an art project to decorate their tank.

A requirement of the Program is that the nominated projects, if approved, need to be delivered by 30 June 2019. The projects proposed have been selected because it is considered that they can provide our community with longer term beneficial outcomes and because we believe they are able to be delivered in the timeframes required, however it will be very tight. The purpose of this report is to seek Council’s approval to authorise the Chief Executive Officer to determine procurement outcomes for these projects under delegation with the sole purpose of enabling the more timely processing of these arrangements given the short timeframe that Council has to act to deliver these projects. Under the current financial delegations, decisions in respect to projects of this value would be reported to a formal Council meeting for determination. Council has also applied for funding to design and implement a Marketing and Promotion Campaign that will be delivered in partnership with Wellington Shire Council. This element of the proposal is designed to attract visitors to the area and to generate additional expenditure for local businesses as a result. Council Plan A Growing Region of Opportunities Goal 1 - East Gippsland is a region of economic opportunity with strong industry sectors, a skilled workforce and local jobs Council Policy Council’s Procurement Policy (2018) sets out the process for undertaking all procurement activities including securing contractors to implement infrastructure projects. In this case, the relevant tendering requirements for projects of this value would be complied with and both projects would be the subject of public tender processes. Financial delegations extended by Council resolution enable the Chief Executive Officer to determine and award contracts for projects where the value of the project is up to $250,000 (including GST). Council has the ability, by formal resolution, to vary the financial delegations should this be considered appropriate. Legislation The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights detailed in the Victorian Government’s Charter of Human Rights and Responsibilities Act 2006. Community The projects proposed have been selected because it is considered that they have the ability to provide significant benefits to our community by generating an immediate economic benefit, but also in providing longer term benefits to the livestock industry and communities that are vulnerable to fire.


Given the timeframes involved, there is some risk that the projects may not be delivered on time and the project funding may be at risk as a result. The request to alter the Chief Executive Officer’s Financial Delegations in the instance of these projects is designed to maximise the time available to deliver the projects by facilitating the procurement process in a timely manner. Organisational

• Financial There are no direct financial implications for Council associated with this report.

• Human Resources There are no significant Human Resource implications that would be incurred as a result of this report.

Consultation No consultation has taken place in the preparation of this report. APPENDICES AND ATTACHMENTS Appendices Nil Attachments Nil


6 Urgent and Other Business

Drought Motion


THAT CR JOE RETTINO BE GRANTED PERMISSION TO RAISE AN ITEM OF URGENT AND OTHER BUSINESS RELATING TO A MOTION ON RATE SUPPORT FOR OUR EAST GIPPSLAND SHIRE FARMING COMMUNITY.

CARRIED 05/03/19

For: Crs O’Connell, Pelz, Rettino, Roberts and Toohey Against: Crs Buckley, Ellis and Reeves

Procedural Matter

Cr White returned to the Chamber at 3.08 pm.


1. THAT THE MAYOR WRITE TO THE VICTORIAN MINISTER FOR AGRICULTURE AND PREMIER DANIEL ANDREWS SEEKING URGENT ASSISTANCE WITH RATE SUPPORT FOR OUR EAST GIPPSLAND SHIRE FARMING COMMUNITY DUE TO SEVERE DROUGHT CONDITIONS. THIS REQUEST COMES AFTER FURTHER FEEDBACK FROM OUR FARMING COMMUNITY THAT THIS TYPE OF ASSISTANCE IS THE MOST EQUITABLE ASSISTANCE WE CAN PROVIDE AT THIS TIME. THE FARMING RATE CONSIDERATION AT THIS TIME SHOULD COVER THE 2018/19 AND 2019/20 RATING/FISCAL YEARS; AND

2. THAT WE THANK THE MINISTER FOR HER SUPPORT TO DATE, AND WOULD LIKE TO CONTINUE OUR DIALOGUE WITH HER DEPARTMENT AS FURTHER ASSISTANCE WILL BE REQUIRED AS DROUGHT CONDITIONS ARE MONITORED AND RESPONDED TO.

CARRIED 05/03/19

For: Crs Buckley, O’Connell, Pelz, Rettino, Roberts, Toohey and White Against: Crs Ellis and Reeves


Timber Industry Support Motion

Cr Marianne Pelz / Cr Mark Reeves

THAT CR MARIANNE PELZ BE GRANTED PERMISSION TO RAISE AN ITEM OF URGENT AND OTHER BUSINESS RELATING TO A MOTION TO WRITE A LETTER TO THE VICTORIAN STATE GOVERNMENT MINISTER FOR RESOURCES, THE HONOURABLE JACLYN SYMES MLC IN RELATION TO HARDWOOD TIMBER SUPPLY.


Cr Marianne Pelz / Cr Mark Reeves THAT THE MAYOR WRITE TO THE VICTORIAN STATE GOVERNMENT MINISTER FOR RESOURCES, THE HON JACLYN SYMES MLC SEEKING AN URGENT ASSURANCE OF CERTAINTY OF THE HARDWOOD TIMBER SUPPLY PROVIDED THROUGH THE REGIONAL FOREST AGREEMENTS (RFA’S) OR EQUIVALENT TO MAINTAIN SAWMILL SUPPLY VOLUMES AND ENSURE EMPLOYMENT SECURITY OF HARDWOOD TIMBER WORKERS AND THEIR FAMILIES IN THE EAST GIPPSLAND REGION.


Mallacoota Estuary Opening Motion


THAT CR MARIANNE PELZ BE GRANTED PERMISSION TO RAISE AN ITEM OF URGENT AND OTHER BUSINESS RELATING TO A MOTION TO WRITE TO THE MINISTER FOR ENERGY, ENVIRONMENT AND CLIMATE CHANGE, THE HONOURABLE LILY D’AMBROSIO MP IN RELATION TO THE MALLACOOTA ESTUARY OPENING.

CARRIED 05/03/19

For: Crs Buckley, O’Connell, Pelz, Reeves, Rettino, Roberts, Toohey and White Against: Cr Ellis


1. THAT THE MAYOR PERSONALLY DELIVER A LETTER TO THE MINISTER FOR ENERGY, ENVIRONMENT AND CLIMATE CHANGE, THE HONORABLE LILY D’AMBROSIO MP, REGARDING REVIEWING THE CATCHMENT MANAGEMENT AUTHORITY GUIDELINES FOR MALLACOOTA ESTUARY OPENING THAT ARE CURRENTLY TRIGGERED WHEN THE WATER LEVEL REACHES 1.5 METRES.

2. THAT OFFICERS WORK WITH THE RELEVANT AUTHORITIES TO SEEK A REVIEW OF THE CURRENT ESTUARY OPENING GUIDELINES IN EAST GIPPSLAND.

CARRIED 05/03/19

For: Crs Buckley, O’Connell, Pelz, Reeves, Rettino, Roberts, Toohey and White Against: Cr Ellis

Note: The letter to be addressed to the Hon. Lisa Neville, Minister for Water, not the

Hon. Lily D’Ambrosio as moved above.


Procedural Matter

Cr Ellis left the chamber at 3.46 pm.

Cr Colin Toohey /Cr Jackson Roberts

THAT COUNCIL CLOSE THE MEETING TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF SECTION 89(2)(D) OF THE LOCAL GOVERNMENT ACT 1989 TO CONSIDER ITEM 7.1, AS THIS ITEM RELATES TO CONTRACTUAL MATTERS.


The meeting was closed to the public at 3.49 pm.

7 Confidential Business

Consideration of confidential matters under section 89(2) of the Local Government Act 1989.

Deliberations of Council while in closed session are recorded in Council’s Confidential Minute Book.

Reports and Attachments are located in Council’s Confidential Minute Book.

The meeting was re-opened to the public at 3.51 pm.

CON2019 1284 Maintenance and Repair Services for Mobile Plant


THAT COUNCIL:

1. ACCEPTS THE TENDER SUBMITTED BY M & A CASHMAN PTY LTD FOR CONTRACT CON2019 1284 MAINTENANCE AND REPAIR SERVICES FOR MOBILE PLANT FOR THE SCHEDULE OF RATES AT APPENDIX 1 (EX GST) PROVIDED AND THAT THE CONTRACT BE FOR A THREE-YEAR TERM WITH THE OPTION OF TWO TWELVE-MONTH EXTENSIONS;

2. SIGNS AND SEALS THE CONTRACTS IN THE FORM PROPOSED; AND

3. RESOLVES THAT THIS REPORT, ITS ATTACHMENTS AND TENDERED SCHEDULE OF RATES AT APPENDIX 1 AND ALL DISCUSSIONS IN RELATION TO THIS MATTER REMAIN CONFIDENTIAL, BUT THE RESOLUTION BE MADE PUBLIC IMMEDIATELY.



8 Close of meeting

The meeting closed at 3.53 pm.

Confirmed ______________________

Cr Natalie O’Connell, Mayor

Date: 9 April 2019

Download - Council Meeting Minutes - East Gippsland Shire Council · 2019-04-15 · Council Meeting Minutes – Tuesday 5 March 2019 2289 1.7.3 Community Laws Officer Keiran Martin submitted

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