november 2015 in the council chamber, town hall, st … · 2015-11-16 · 12.1 letter of...

Northern Grampians Shire Council Ordinary Council Meeting- 9 November, 2015

MINUTES OF ORDINARY MEETING OF THE COUNCIL HELD AT 6.30PM ON 9 NOVEMBER 2015 IN THE COUNCIL CHAMBER, TOWN HALL, ST ARNAUD

PRESENT

Cr Murray Emerson (Mayor)Cr Tony DriscollCr Kevin Erwin

Cr Jason HosemansCr Karen HyslopCr Merrilee ReidCr Wayne Rice

Mrs Justine Linley, Chief Executive OfficerMr Vaughan Williams, Director Corporate Services

Mr Sanjay Manivasagasivam, Director Infrastructure and EnvironmentMr Michael Bailey, Director Economic and Community Development

AFFIRMATION

We recognise the traditional owners of the land,We are inspired by the early pioneers and by those who gave their lives for our

country,We now ask God's blessing on our deliberations and on our commitment

to build a better lifestyle and environment


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TABLE OF CONTENTS

01. APOLOGIES.........................................................................................................302. CONFIRMATION OF MINUTES...........................................................................303. MATTERS ARISING FROM THE MINUTES........................................................304. PRESENTATIONS/AWARDS...............................................................................305. PRESENTATION OF PETITIONS AND JOINT LETTERS...................................306. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST...................................................................................................................407. ASSEMBLIES OF COUNCILLORS......................................................................408. ITEMS BROUGHT FORWARD ............................................................................513. PUBLIC QUESTION TIME ...................................................................................509. CONSIDERATION OF REPORTS OF OFFICERS ..............................................7

09.1. Economic Development and Planning Partnerships Report ..........................709.2. Quarterly Finance Report.............................................................................1809.3. Dry Seasonal Conditions Impact..................................................................2109.4. Sale/Lease of Port of Melbourne- Implications ............................................2709.5. Lease of Stadium 1, Stawell Leisure Complex ............................................3109.6. Lease, Former Kara Kara Shire Hall ............................................................35

10. NOTICES OF MOTION OR RESCISSION.........................................................3811. REPORTS FROM COUNCILLORS/COMMITTEES...........................................38

11.1 Queen Mary Botanic Gardens Committee - 19 August, 2015.....................3812. URGENT BUSINESS .........................................................................................38

12.1 Letter of Congratulations – Melbourne Cup ................................................3814. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL GOVERNMENT ACT 1989........................................................................................39

14.1 Contract C2 2015/2016 - Supply & Delivery of Graders, Trucks, Plant & Equipment ..............................................................................................................3914.2 Contract C4 2015/2016 - Supply & Delivery of Guardrail Materials ............39

15. CLOSE................................................................................................................50


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01. APOLOGIES

Nil

02. CONFIRMATION OF MINUTES

Ordinary Meeting held on Monday, 5 October, 2015Special Meeting held on Monday, 19 October, 2015

The Mayor noted that all the questions on notice from the 5 October meeting had been responded to.

RESOLUTION

That the minutes as listed, copies of which have been circulated, be confirmed and adopted.

Moved: Cr Jason HosemansSeconded: Cr Merrilee Reid Carried

03. MATTERS ARISING FROM THE MINUTES

Nil

04. PRESENTATIONS/AWARDS

Nil

05. PRESENTATION OF PETITIONS AND JOINT LETTERS

Nil


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06. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST

Nil

07. ASSEMBLIES OF COUNCILLORS

[Justine Linley, Chief Executive Officer] Section 80A of the Local Government Act 1989 requires that the written record of an Assembly of Councillors is, as soon as practicable, reported at an ordinary meeting of the Council and incorporated in the minutes of that Council Meeting. The records for the period since the last ordinary Council meeting are listed below.

Date Description Matters/considered Councillor / Officer making

disclosure

Item No. Left meeting Y/N

28/09/2015Agenda Review

Briefing October Council Agenda Mrs Justine Linley 14.2 yes

05/10/2015

Civic Engagement

Briefing

Presentations- Brooke LeSueur, Carina O’Neill and

John Stewart from Grampians YMCA re: Taylors Gully

Proposal; Richard Scholten from Powercor re General

update; GCWWRRG Update; October Council Review. Mrs Justine Linley 14.2 yes

12/10/2015

Councillor Briefing -

Confidential

Building Disposal Program; Local Government Act Review; Development of 3,16,81; Tour

of Western Highway Community Precinct Building; N/A N/A N/A

19/10/2015

Eco Dev/Planning

Taskforce Briefing

Grampians Peak Trail; Economic Development &

Investment Attraction Progress Report; Halls Gap Master Plan Implementation; Sale/Lease of

Port of Melbourne - Implications N/A N/A N/A

28/09/2015Agenda Review

Briefing October Council Agenda Mrs Justine Linley 14.2 yes

RESOLUTION

That the report on Assemblies of Councillors be approved.

Moved: Cr Kevin ErwinSeconded: Cr Karen Hyslop Carried


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08. ITEMS BROUGHT FORWARD

Nil

RESOLUTION

That the Order of Proceedings be changed to allow for Public Question Time..


13. PUBLIC QUESTION TIME

Mr Russell Armstrong

1. Mr Armstrong said he believed Councillors had got him wrong, that he is not challenging Council’s ability to set parameters for rating but that he believed Council had not followed Ministerial Guidelines for differential rating.

Mr Armstrong said that a farm is “a tract of land used for agriculture, breeding or pastoral purposes”. Nowhere in any Act does it say you have to make a living off the land. In the last Council Budget document the definition of farm land on page 69 does not follow.

How can your definition be different to what you actually do?

The Mayor said he would take the question on notice and a response would be provided.

2. Mr Armstrong said that he had asked for a copy of documentation about the differential farm rating policy which had been provided. He does not understand how an unbiased review can be done by the same personnel who did the initial policy.

How can the same people be unbiased if they did the review?



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3. Mr Armstrong asked if all fails and he does not stop the farm land differential rating by the next budget does that mean his property is being generally rated and he can subdivide into 1 acre lots to sell off as no longer farm land.


Mr Armstrong thanked Mr Williams for his reply to his questions; he said that he did not agree with the reply but would write back and provide copies of his letter to all Councillors.

The Mayor said Councillors would discuss this matter at a Councillor Briefing on 16 November. He said that Councillors would look at the matter but that did not mean it would change its decision and a written response would be provided following the briefing.

Mr Armstrong said that he had the Ombudsman looking at Council’s decision and had other things in the pipeline.


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09. CONSIDERATION OF REPORTS OF OFFICERS

IMPROVE SOCIAL AND ECONOMIC VIABILITY OF THE SHIRE & DELIVER TARGETED PROJECTS AND CORE SERVICES

09.1. Economic Development and Planning Partnerships Report

Department: Economic & CommunityInfrastructure & Environment

Business Unit: Economic GrowthEnvironment & Regulatory Services

Director: Director Economic & Community DevelopmentDirector Infrastructure & Environment

Manager Responsible: Manager Economic & Community GrowthManager Environment & Regulatory Services

Author/Position: Debbie Bach, Manager Economic & Community GrowthWarren Groves, Manager Environment & Regulatory Services

Summary

This report provides information on activities being conducted within the shire by the Business Services Team and the Planning and Development Services Team. Economic growth remains a top priority for both teams, focusing on business support and enabling development across the shire. The information contained in this report, provides not only an important indicator of the administrative work being undertaken by Council in the provision of planning and building services, but also provides an important indicator as to the economic activity that is occurring throughout the municipality. Recommendation

That Council notes the information contained in the officer’s report.

RESOLUTION

That Council notes the information contained in the officer’s report.

Moved: Cr Kevin ErwinSeconded: Cr Wayne Rice Carried


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Background/Rationale

Real EstateReal Estate listings for Stawell and St Arnaud indicate that the number of properties listed for sale remains steady in both towns, despite movement in a number of industry sectors, which is evidence of a steady economy. Building approvals also indicate a consistent flow of new building construction works, including significant recent commercial and residential building investment.

The graphs below show a consistent trend for listings of homes, land and businesses across Northern Grampians Shire from January to September 2015. This information has been taken from online websites and collated to show the trends for each town.


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It is pleasing to note the low number of businesses for sale, which suggests confidence in the local economy. Council’s business services team continues to work with businesses across the shire to identify both issues and opportunities, provide financial assistance to eligible expanding businesses and marketing assistance to new businesses.

The below graph shows the 3 and 4 bedroom homes which have been advertised online from January - September 2015 and gives an average of the number of days which the property was on the market.


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Town BedroomsMedian

(approx)Average number of days on the market

Sold this year

Stawell 3 Bedroom $174,000 178 86

Stawell 4 Bedroom $215,000 336 12

St Arnaud3 Bedroom and 4

Bedroom $144,000 218 27

Halls Gap3 Bedroom and 4

Bedroom $245,000 n/a 9

Great Western3 Bedroom and 4

Bedroom $160,000 n/a 2

Source: realestate.com.au and homesales.com.au

Following is a summary of both Planning and Building Permit activity in the Northern Grampians Shire for the period 1 September to 30 September 2015 inclusive.

PLANNING PERMITS

Planning Permits Issued No. Value

Permits issued YTD in 2015 62 $ 12,701,273

Permits issued YTD in 2014 57 $ 17,091,346

Permits issued in September 2015 8 $ 2,906,912

Permits issued in September 2014 6 $ 5,145,000

Permits under consideration 35 $ 8,546,500


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A specific breakdown of the Planning Permit values issued and those under consideration by areas in September 2015 is now provided as follows:

STAWELLSeptember YTD Under

Consideration

Business $55,412 $2,680,412 $ 495,000

Residential $2,701,500 $ 3,569,500 $ 4,045,000

Rural

Mining

Community

Signage $ 8,000

Tourist Accommodation

Other $ 1,000 $1,300,000

Total $ 2,756,912 $6,258,912 $ 5,840,000

ST ARNAUDSeptember YTD Under

Consideration

Business $ 9,500

Residential $100,000 $ 521,000 $ 250,000

Rural

Mining

Community

Signage


Other $ 120,000

Total $ 100,000 $ 650,500 $ 250,000


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HALLS GAPSeptember YTD Under

Consideration

Business $ 3,000 $ 18,000

Residential $ 738,500 $ 1,924,000

Rural

Mining

Community $ 30,000

Signage


Other $ 85,000

Total $ 0 $ 826,500 $ 1,972,000

OTHER AREASSeptember YTD Under

Consideration

Business $ 50,000 $ 940,000 $ 2,500

Residential $1,189,201 $ 482,000

Rural $ 110,000

Mining

Community $ 5,160

Signage


Other $2,721,000

Total $50,000 $4,965,361 $ 484,500


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SUBDIVISIONNo. of Applications No. of Lots

Residential 8 81

Industrial

Figure No. 1 Historical Comparison of Planning Permits Issued (No’s)January – December 2011 – 2015

Significant Planning Permits Issued:

5.2015.55.1 85 Main Street, Stawell

RJ Haswell $55,512 Development being Buildings and Works (Verandah) and associated works

21/09/2015

5.2015.41.1 Landsborough Road, Landsborough

Moulamein Grain Co-operative Ltd

$50,000 Use and Development of a Rural Industry (Grain storage facility comprising two bunkers) and associated works

29/09/2015

5.2015.37.1 18 Wimmera Street, Stawell

iPlanning Services Pty Ltd

$2,400,000 Development of 8 dwellings, subdivision of land (8 lots) and associated works

22/09/2015


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Significant Planning Permit Applications Received

5.2015.69.1 3149 Western Hwy Stawell

KS Padley (Magdala Motor Lodge)

$0 To increase the area that liquor is to be consumed or supplied under the General Liquor License

5.2015.70.1 2 Heath Street, Halls Gap

CE Wallman $10,000 Use of land to sell or consume Liquor (General Liquor License) and exemption from provision of car parking spaces for food and drink premises

5.2015.71.1 51-61 Patrick Street, Stawell

Morton Dunn Architects ( St Patrick’s Primary School)

$1,300,000 Development being buildings and works (alteration and extension) and associated works

BUILDING PERMITS

Building Permits Issued Council

Building Surveyor

Private Building Surveyor

Total Value

Permits issued YTD in 2015 88 33 121 $ 10,001,074

Permits issued YTD in 2014 76 41 117 $ 8,518,749

Permits issued in September 2015

12 6 18 $ 2,744,679

Permits issued in September 2014

8 5 13 $ 1,127,211


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Figure No. 2 Historical Comparison of Building Permits Issued (No’s) January – December 2011 – 2015


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Significant Building Permits Issued:

6.2015.139.1 Cnr Wimmera Highway and Donald-Stawell Road, Marnoo

JH & DF Newall (Melaluka Site)

$1,500,000 Construction of guard house, site office and sample hut

6.2015.116.1 27 Tandara Road, Halls Gap

Lutheran Church of Australia

$81,000 Dwelling Re-erection

6.2015.129.1 42 Scott Road, Halls Gap

JL Cramer $180,690 Construction of Dwelling

6.2015.130.1 44 Scott Road, Halls Gap

JL Cramer $224,980 Construction of Dwelling

6.2015.134.1 9 Napier Street, Stawell

Lemartin Pty Ltd

$60,000 Change of Use – Shop to a Dwelling

6.2015.135.1 Earles Road, Illawarra

SG & JC Mackley

$314,837 New Dwelling, Verandah and Shed

6.2015.150.1 Pipetrack Road, Illawarra

JW & CJ Davies

$220,000 New dwelling, attached carport and detached shed

6.2015.151.1 10 Ararat Road, Stawell

Salisbury Tower Pty Ltd

$15,000 Sign

Legislation, Council Plan, Strategy and Policy Implications Council Plan Objective - Improve the social and economic viability of the shire Options

No options other than for Council to note the officer’s report, are recommended.


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Reporting

Implications Considered in this report?

Implication identified?

Social No No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No

Environmental No No

Economic & Marketing Yes Yes

Risk Management No No

Financial No No

Asset Management No No

Consultation

No community consultation required.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

Debbie Bach, Manager Economic & Community GrowthIn providing this advice as the Manager and Author, I have no disclosable interests in this report.

Warren Groves, Manager Environment and Regulatory ServicesIn providing this advice as the Manager and Author, I have no disclosable interests in this report.

Attachments

Nil


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09.2. Quarterly Finance Report

Department: Corporate ServicesBusiness Unit: Financial ServicesDirector: Director Corporate ServicesManager Responsible: Acting Manager Financial ServicesAuthor/Position: John Traill Acting Manager Financial

Services

Summary

The Financial Report for the period ending 30 September, 2015, as previously distributed at the Agenda Review Briefing held on 26 October, 2015 is attached. This report shows the closing position for 2014-15 and details the carry forwards resulting from the previous year that will impact on the current year, as well as several major variations that have arisen between July and September 2015.

Recommendation

That the monthly financial report for the period ending 30 September 2015 be received.

RESOLUTION

That the monthly financial report for the period ending 30 September 2015 be received.

Moved: Cr Kevin ErwinSeconded: Cr Tony Driscoll Carried


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This report is the first of a number of reports that will be provided to Council over the balance of the 2015/16 financial year that will track Council’s performance against the adopted budget. The report shows the closing position for 2014-15 and details the carry forwards resulting from the previous year that will impact on the current year, as well as several major variations that have arisen between July and September 2015. Legislation, Council Plan, Strategy and Policy Implications The report is presented in accordance with section 138 of the Local Government Act 1989. Council’s Financial Sustainability Strategy as outlined in the 2013-2017 Council Plan applies. Options

This report is provided for the information of Council.

Reporting

Implications Considered in this report? Implication identified?

Social No No


Amenity No No


Environmental No No

Economic & Marketing No No


Financial Yes Yes


Consultation

Not applicable


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Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Author - John Traill Acting Manager Financial ServicesIn providing this advice as the author, I have no disclosable interests in this report.

Attachments

Financial Report - Carry Forward and Major Variation Report September 2015 will be provided at the briefing session.[Attachment 9.2]


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09.3. Dry Seasonal Conditions Impact

Department: Economic & Community Business Unit: Economic & Community GrowthDirector: Michael BaileyManager Responsible: Debbie BachAuthor/Position: Michael Bailey, Director Economic &

Community Development

Summary

The lack of spring rain and cumulative effect of a number of back to back poor seasons leaves the Northern Grampians community facing significant impact in terms of community connection, financial downturn and operational changes particularly in the infrastructure department. Recommendation

That Council commits to the following actions:

1. Advocate for Northern Grampians Shire to be drought declared. 2. Advocate to all levels of Government outlining the need for

financial support and increased need for services such as Rural Financial Counsellors.

3. Recognise the impact on the farming community in terms of ability to pay required Council fees and charges; providing options, support and referrals to those in need.

4. Provide access to the Northern Grampians Shire bores for the farming community to keep livestock alive.

5. Work closely with agricultural based business to disperse information on available support such as the Farm Household Allowance.

6. Investigate the opportunity to conduct information (Fire Shed) sessions with a variety of stakeholders to provide information to our community and allocate both financial and physical resources to undertake this.

7. Work with GWMWater to ensure the ability to access water including tapping into the pipeline where available is seamless, cost effective and hassle free.

8. Seek a commitment from GWMWater to maintain recreational water at Walker’s Lake and Lake Fyans as a minimum.

9. Work with Emergency Service agencies to plan for the heightened risk as outlined by the Emergency Services Commissioner.


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RESOLUTION

That Council commits to the following actions:

1. Advocate for Northern Grampians Shire to be drought declared. 2. Advocate to all levels of Government outlining the need for

financial support and increased need for services such as Rural Financial Counsellors.



5. Continue to work closely with agricultural based business to disperse information on available support such as the Farm Household Allowance.

6. Investigate the opportunity to conduct information (Fire Shed) sessions with a variety of stakeholders to provide information to our community and allocate resources to undertake this.

7. Work with GWMWater to ensure the ability to access affordable water including tapping into the pipeline where available is seamless, cost effective and hassle free.


9. Continue to work with Emergency Service agencies to plan for the heightened risk as outlined by the Emergency Services Commissioner; and

10. Investigate bringing forward infrastructure projects that could stimulate economic development and job opportunities.



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The lack of spring rain and cumulative effect of a number of back to back poor seasons leaves the Northern Grampians community facing significant impact in terms of community connection and financial down turn.

Cr Erwin and Council officers attended a recent seasonal conditions meeting in Horsham where it was predicted farmers in the Northern Grampians Shire are expected to get between 5 and 10% of their average yield going back to 1916. The direct impact to the farmers and flow on impact to our community will be immense for those in the worst hit areas, as is the case with farming some sections of the Shire received enough rain to get better than expected returns.

Officers are also currently in discussions with Stock and Station Agents from within Northern Grampians Shire to establish what is happening on the ground in a more localised breakdown.

Further to this on Wednesday the 21 October, 2015 the Victorian Emergency Management Commissioner, Craig Lapsley made the following statement in The Age Online:

“a sizeable part of western Victoria, which is approximately bounded by Horsham, Bendigo, Seymour and Cressy, represented "a really big patch of Victoria that is very dry".

Asked why it was his area of most concern from a bushfire perspective, he said: "(It's) dry, populated, and ready to burn."

He also said: "It's hungry country that's traditionally old gold mining country … And I think you've got in there some of the driest country in Victoria."


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Mr Lapsley also raised other issues that would affect the fire preparedness of properties in western Victoria's dry core. These included the fact that some of the rural properties were only occupied part-time, while there was a significant number of small rural properties that did not have heavy farm machinery that made fire prevention works easier to undertake.

"There are dams that are dry, particularly in the Wedderburn, St Arnaud area, and there's no run-off in any of the streams. A major river will have water in it ... but there's no run-off. For this time of the year you'd expect to see the small streams running," he said.

"The soil is dry soil in that country. If you try to dig a hole you only have to take one hit with a shovel and you find out how hard it is ... The environment is telling you it's dry, it hasn't had rain, and the rain they've had hasn't soaked in," he said

While the above provides a snapshot of the financial and environmental risks associated with dry conditions it must be noted the increased social and community stress can have vast impacts on our community. Evidence suggests that providing green parks and or recreational water spaces assists with social connectedness in times of drought.

In relation to Council operations the costs associated with keeping parks and gardens areas in St Arnaud green will increase by $40,000. In Stawell because of the harvesting systems the cost is reduced however if there is no further rain we will need to purchase water to ensure Central Park is available for the Stawell Gift which is expected to cost around $20,000.


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The grading and resheeting works through the road maintenance program will be impacted significantly, because of the dry conditions we have reduced the grading program. The resheeting program will be impacted as we are required to transport water to each project, this will reduce the number of roads resheeted due to the increased costs of each project and a finite budget. It will also reduce the efficiency of the works crew as we allocate human resources to water carts instead of graders.

As part of the management program the Infrastructure department will be recommissioning bores (13) across the shire. There will be costs associated with this which will be absorbed into the current budget allocations.

We also expect a spike in complaints due to the dry dusty conditions, while the community generally recognise the reason for it occurring there is still an expectation that Council will do something about it which is simply not feasible.

The ability of Northern Grampians Shire to assist is limited however the recommended actions can be taken.

Legislation, Council Plan, Strategy and Policy Implications Council Plan Objective - Improve the social and economic viability of the shire Options

Option 1Council commits to the following actions:

1. Advocate for Northern Grampians Shire to be drought declared. 2. Advocate to all levels of Government outlining the need for financial

support and increased need for services such as Rural Financial Counsellors.



5. Work closely with agricultural based business to disperse information on available support such as the Farm Household Allowance.

6. Investigate the opportunity to conduct information (Fire Shed) sessions with a variety of stakeholders to provide information to our community and allocate both financial and physical resources to undertake this.

7. Work with GWMWater to ensure the ability to access water including tapping into the pipeline where available is seamless, cost effective and hassle free.



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9. Work with Emergency Service agencies to plan for the heightened risk as outlined by the Emergency Services Commissioner.

Option 2Council does not commit to support the actions listed in the report.

Reporting


Social Yes Yes


Amenity Yes Yes


Environmental Yes Yes


Risk Management Yes Yes

Financial Yes Yes


Consultation

Consultation has occurred with various agencies and stakeholder groups through the Seasonal Conditions meetings. We have also held discussions with local stock and station agents to get localised predictions.



Director Economic & Community Development - Michael BaileyIn providing this advice as the Director Economic & Community Development, I have no disclosable interests in this report.

Attachments

Nil


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09.4. Sale/Lease of Port of Melbourne- Implications

Department: CEO’s OfficeBusiness Unit: Economic DevelopmentDirector: Economic and Community DevelopmentManager Responsible: Economic DevelopmentAuthor/Position: Justine Linley, Chief Executive Officer

Summary

This report discusses the proposed Port of Melbourne lease and impacts or issues raised for the Northern Grampians community, primary producers and business. It follows a meeting held a few weeks ago with the Treasurer of Victoria the Hon Tim Pallas in the Wimmera where he met with Councils and interested stakeholders.

Recommendation

That Council writes to the Treasurer and the Minister for Ports outlining our concerns arising from the proposed lease of the Port of Melbourne.

RESOLUTION

That Council writes to the Treasurer and the Minister for Ports outlining our concerns arising from the proposed lease of the Port of Melbourne.



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The Victorian Government as part of its election promise is moving to lease the Port of Melbourne. The lease proceeds are proposed to the go to the Victorian Transport Fund to support projects such as removing fifty level crossings in Melbourne, building Melbourne Metro, West Gate distributor and other transport initiatives. The proposal to lease the Port of Melbourne was supported by both sides of politics prior to the November 2014 election. Following the election, issues arose in relation to how the Port is leased and the consequences for rural Victoria. David Davis, Shadow Minister for Planning and Local Government has written to local councils on this matter. Potentially there are two issues which Mr Davis raises as concerns, being issues that have also been taken up by the Victorian Farmers Federation. The first issue is in relation to the increase in Port charges which is understood may involve additional costs of up to $80 per container. If this is to come about, it would be of considerable concern to the farming community in Northern Grampians and the broader Wimmera as any additional costs to transport will directly affect our international competitiveness. The other significant issue is around the lease term for the Port. The suggestion from Mr Davis is that the lease term for the Port will be 70 years, being a 50 year lease with a lessee’s right to a 20 year extension. Treasurer the Hon Tim Pallas attended a special Regional Cities Victoria meeting and a meeting with Wimmera Councils where he outlined his plans for the Port, which is included in the attachment titled, the Port of Melbourne Lease Transaction. The Treasurer has stated that the lease is for 50 years and that any option is at the discretion of the government of the day rather than the lessee. The Port of Melbourne is significant to Western Victoria, particularly to the Wimmera and the movement of container freight through the Port. Budget There are no budget implications.

Legislation, Council Plan, Strategy and Policy Implications The two Council Plan objectives for Northern Grampians Shire Council are:

● To improve the social and economic viability of the shire● To deliver targeted projects and core services


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As part of these objectives Council has committed itself to actively promote business, employment and tourism initiatives in a planned way and to advocate for infrastructure and service funding leading to the financial sustainability of the Council and the social sustainability of our communities. Advocacy on a major piece of state infrastructure such as the Port of Melbourne is an important part of our commitment to support local business.

Options

Option 1That Council makes a submission to the Ports Inquiry and writes to the Treasurer and the Minister for Ports outlining Council’s concerns arising from the proposed lease of the Port of Melbourne. (recommended)

Option 2That Council notes the officer’s report, but declines to make a submission. (not recommended).

Reporting


Social No No


Amenity No No


Environmental No No



Financial No No


Consultation

Community groups, organisations and individuals are consulted on specific initiatives identified in the Council Plan.


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[Chief Executive Officer] - [Justine Linley]In providing this advice as the author I have no disclosable interests in this report.

Attachments

Port of Melbourne Lease Transaction [9.4]


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09.5. Lease of Stadium 1, Stawell Leisure Complex

Department: Economic & CommunityBusiness Unit: Children & RecreationDirector: Michael Bailey, Director Economic &

Community DevelopmentManager Responsible: Debbie Bach, Manager Economic &

Community GrowthAuthor/Position: Debbie Bach, Manager Economic &

Community Growth

Summary

At the meeting of Council on the 7 September 2015, Councillors passed the following resolution;

1. gives notice of its intention to enter into a lease with the Grampians YMCA for the use of Stadium 1, part of the Stawell Leisure Complex located at 49-51 Houston Street, Stawell; and

2. in respect to the above notice, seeks submissions from any person pursuant to section 223 of the Local Government Act 1989.

Advertisements were placed in the Stawell Times News on 11 September 2015 calling for submissions which subsequently closed on 9 October 2015.

At the time of preparing the report on 22 October 2015, two formal submissions have been received. The submissions have been circulated to Councillors separately. Recommendation

That Council :

1. enters into a lease of Stadium 1, Stawell Leisure Complex with Grampians YMCA; and

2. authorises the Mayor and Chief Executive Officer to sign the relevant lease documents as agreed by both parties.


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RESOLUTION

That Council :



Moved: Cr Karen HyslopSeconded: Cr Jason Hosemans Carried


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On the 1st of September 2015 the Chief Executive Officer of Grampians YMCA provided formal advice that the organisation would like to commence lease negotiations with Council to establish a gym at the Stawell Leisure Complex.

As a result Officers put a paper to Council on the 7th of September 2015 seeking approval to advertise the intention to enter into a lease with Grampians YMCA and call for submissions from any person pursuant to Section 223 of the Local Government Act 1989.

Grampians YMCA currently operates a facility in Sloane Street Stawell. If the lease is to be approved they will cease operating this facility and relocate equipment to Stadium 1, Stawell Leisure Complex. The YMCA will also provide programs including HeartMoves, Les Mills - Group Fitness and Adrenaline- High Intensity Interval Training.

Northern Grampians Shire Council will only be required to remove the indoor cricket net, all other costs in relation to the conversion of the building and establishment of the Gym will be the responsibility of Grampians YMCA.

It is anticipated the Grampians YMCA will commence operating the facility in January 2016. The operations are expected to increase visitation to the Stawell Leisure Complex by over 20,000 visits per annum.

Legislation, Council Plan, Strategy and Policy Implications Improved social and economic viability of the shire. Options

Option 1

That Council :



Option 2

That Council does not enter into a lease of Stadium 1, Stawell Leisure Complex with Grampians YMCA.


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Reporting


Social Yes Yes


Amenity Yes Yes


Environmental No No



Financial Yes Yes

Asset Management Yes Yes

Consultation

Community consultation has occurred through the giving of public notice. Council is required to consider any submissions received prior to making a decision on the proposed lease. At the time of preparing the report on the 22 October 2015 two formal submissions had been received. These submissions have been circulated to Councillors separately.



Manager Economic & Community Growth - Debbie BachIn providing this advice as the Manager Economic & Community Growth, I have no disclosable interests in this report.

Attachments

Submissions were circulated separately.


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09.6. Lease, Former Kara Kara Shire Hall

Department: Corporate ServicesBusiness Unit: Corporate ServicesDirector: Vaughan Williams, Director Corporate

ServicesAuthor/Position: Vaughan Williams, Director Corporate

Services

Summary

To terminate the existing lease between Northern Grampians Shire Council and the tenant Marlene Zsigmond Pty Ltd for Kara Kara Cafe located at 8 Napier Street St Arnaud and replace it with a longer term lease of 15 years composed of three 5 year terms.

Recommendation

A Council decision is required.

RESOLUTION

That Council, having regard to the Leasing Policy for Crown Land in Victoria and the competitive process preferred in commercial leasing, not approve the termination of the existing lease and continue negotiations with the existing tenant on the second term of the original 10 year lease.

Moved: Cr Tony DriscollSeconded: Cr Merrilee Reid Carried


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Negotiations have been underway over the last few months between Council officers and the tenant as part of the 5 year review of the existing 10 year lease agreement for Kara Kara Cafe. This process has led to mediation; as part of the negotiations the current tenants wish to enter into a new lease which would provide for a further 15 years (composed of three 5 year terms). Under this proposal a review of the value of the lease would occur every 5 years and in all other years an index would be applied to the value of the lease.

To terminate an existing lease and enter a new one Council needs to seek approval from the Minister as the land upon which the Cafe sits is Crown land. Council is the appointed Committee of Management. In order for that submission to be approved by the Minister. Council is required, under s190 of the Local Government Act 1989, to publish notice of its intention to enter into a new lease. A person has a right under s223 of the Act to make a submission on the proposed lease.

Legislation, Council Plan, Strategy and Policy Implications We will provide leadership and advocacy to improve the financial position of the Northern Grampians Shire. Options

Option 1: A. approves the new lease of a further 15 years composed of three 5 year

review periods and forward this proposal to the Minister for approval and subject to surrender of the existing lease;

B. gives notice of its intention to enter into a lease with Marlene Zsigmond Pty Ltd pursuant to section 190 of the Act; and

C. in respect of the above notice, seek submissions from any person pursuant to section 223 of the Act.

Option 2: Not to approve the termination of the existing lease and continue negotiations with the existing tenant on the 2nd term of the original 10 year lease.


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Reporting


Social Yes Yes


Amenity Yes Yes


Environmental No No



Financial Yes Yes

Asset Management Yes Yes

Consultation

If the option to extend the lease is granted by Council community consultation will occur via the giving of public notice in accordance with the Local Government Act 1989. Council is required to consider any submissions received prior to making a formal decision on the proposed lease.


Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. Vaughan Williams, Director Corporate ServicesAs author of the report I have no disclosable interests.

Attachments

Nil


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10. NOTICES OF MOTION OR RESCISSION

Nil

11. REPORTS FROM COUNCILLORS/COMMITTEES

11.1 Queen Mary Botanic Gardens Committee - 19 August, 2015

Cr Driscoll spoke of the former bowling green corner which has been handed back to Council and which Council wishes to put under the auspices of the Queen Mary Gardens Committee of Management. The Committee is still keen to liaise with anyone who has ideas about what to do and to follow proper process. Cr Driscoll wanted to reiterate that the Committee is receptive to the community’s ideas

Cr Emerson spoke of a meeting with Hon Barnaby Joyce, Federal Member for Agriculture, who was very receptive to our concerns about the drought and what the Federal Government should do for those drought affected. Councillors are hopeful Mr Joyce will add to some of the ideas about what we can do under difficult circumstances.

Cr Hyslop spoke of the successful Stawell Show and thanked Councillors and staff for their contribution on the day.

RESOLUTION

That the reports are received.

Moved: Cr Merrilee ReidSeconded: Cr Karen Hyslop Carried

12. URGENT BUSINESS

Cr Kevin Erwin asked that the matter of a letter of congratulations be considered as Urgent Business.

12.1 Letter of Congratulations – Melbourne Cup

RESOLUTION

That a letter of congratulations be sent to the two local owners of Prince of Penzance, the winner of the 2015 Melbourne Cup.



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14. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL GOVERNMENT ACT 1989

A Council or Special Committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following :

(a) Personnel matters;(b) The personal hardship of any resident or ratepayer;(c) Industrial matters;(d) Contractual matters;(e) Proposed developments;(f) Legal advice;(g) Matters affecting the security of Council property;(h) Any other matter which the Council or Special Committee considers

would prejudice the Council or any other person;(i) A resolution to close the meeting to members of the public.

14.1 Contract C2 2015/2016 - Supply & Delivery of Graders, Trucks, Plant & Equipment

14.2 Contract C4 2015/2016 - Supply & Delivery of Guardrail Materials

RESOLUTION

That items 14.1 and 14.2 be considered in Closed Council as they deal with confidential matters as detailed in section 89 of the Local Government Act 1989.

Moved: Cr Kevin Erwin Seconded: Cr Wayne Rice Carried

RESOLUTION

That the meeting be closed to consider the items listed pursuant to section 89(2) of the Local Government Act 1989.

Moved: Cr Kevin Erwin Seconded: Cr Karen Hyslop Carried


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OPEN COUNCIL

The Chief Executive Officer reported that the following decisions had been made in Closed Council.

14.1 To award Contract No. C2 2015/16, Supply & Delivery of Graders, Trucks, Plant & Equipment to the following suppliers: William Adams Komatsu Atlas Copco Poyser Motors

14.2 To award Contract No. C4 2015/16, Supply & Delivery of Guardrail Materials to Industrial Galvanisers Corporation Pty Ltd trading as Ingal Civil Products

15. CLOSE

There being no further business the Mayor declared the meeting closed at 7.23pm.

Confirmed

Cr Murray Emerson Mayor

Date: 7 December, 2015

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november 2015 in the council chamber, town hall, st … · 2015-11-16 · 12.1 letter of...

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