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Ordinary Council Meeting 20 December 2016– MINUTES Page 1 Ordinary Council Meeting Tuesday, 20 December 2016

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Ordinary Council Meeting 20 December 2016– MINUTES Page 1

Ordinary Council Meeting Tuesday, 20 December 2016

Contents Declarations of Conflict of Interest .............................................................................. 5201 Confirmation of Minutes ............................................................................................... 5202 Public Participation....................................................................................................... 5202 1. Assemblies of Councillors ....................................................................................... 5200 2. Financial Performance Report ................................................................................. 5202 3. Councillor Allowances .............................................................................................. 5203 4. Child Safe Standards ................................................................................................ 5203 5. Investment Policy ...................................................................................................... 5204 6. Social Media .............................................................................................................. 5204 7. Prohibition of Racehorses from Killarney Beach ................................................... 5205 8. Planning Permit PL15/113 – 4 Trotters Lane, Cudgee – 2 Lot Subdivision ........... 5207 9. Petition - Anna Catherine Drive, Port Fairy – Dust Complaint ............................... 5208 10. 2575 Princes Highway, Port Fairy – Application to End Section 173 Agreement 5208

11. Amendment C63 – 6 Bank Street, Port Fairy ......................................................... 5209

12. Round 2 Festival and Events Funding Program - 2016/17 ................................... 5210

13. Dundonnell Wind Farm - Establishment of a Community Engagement Committee ....................................................................................................................................... 5210

14. Woolsthorpe Wind Farm Community Engagement Committee Community representative nomination – Graeme Broderick ......................................................... 5211

15. Petition – Primmers Road, Mailors Flat ................................................................. 5211 16. Reardon Theatre Upgrade including Accessible Facilities .................................. 5212 17. DC Farran Oval - Budget Variation ......................................................................... 5212 18. Koroit Depot ............................................................................................................ 5213

19. Mortlake Library Redevelopment ........................................................................... 5213 20(a) Mayor’s Report ..................................................................................................... 5214 20(b) Councillors’ Report ............................................................................................. 5215 21. Councillor Notice of Motion ............................................................................... 5216 22. Personal Explanations ....................................................................................... 5216 23. Urgent Business ................................................................................................. 5216 24. CEO Activities Report ........................................................................................ 5216 25. Councillor Oath of Office / Affirmation ............................................................. 5216

26. Contract No. MS819 – Supply and delivery of new or second hand wheel loader for the Mt Shadwell Quarry ................................................................................................ 5217 27. Contract No. MS827 - Supply and delivery of one new motor grader with trade in of Mitsubishi MG460 grader, registration SKB-035 ......................................................... 5218

Ordinary Council Meeting 20 December 2016– MINUTES Page 5200

Minutes of the Ordinary Meeting of Moyne Shire Council held 20 December 2016 at the Port Fairy Community Services

Centre commencing 4.31pm

Recording of Council Meetings The Mayor read the following statement:

Please note that today’s meeting is being audio recorded. This recording will be made available to any member of the public on written request to the Council. The record will be kept and be made available for a period of seven years. By participating in and addressing those present at the meeting, you consent to any information you disclose (including any personal information or sensitive information) being recorded, and that recording being made available to any person who applies to the Council and is granted access to the audio recording of the meeting. Prayer Almighty God, we humbly beseech your blessing on the Council, direct and prosper its deliberations for the welfare of the people of the Moyne Shire. Amen. Apologies None.

Ordinary Council Meeting 20 December 2016– MINUTES Page 5201

Declarations of Conflict of Interest

Local Government Act 1989 Section 79 (2): A Councillor or member of a special committee who has a conflict of interest and is attending the meeting of the Council or special committee must make a full disclosure of that interest:

(a) by either: (i) Advising the Council or special committee at the meeting of the details

required under paragraph (b) and (c) immediately before the matter is considered at the meeting; or

(ii) Advising the Chief Executive Officer in writing of the details required under paragraphs (b) and (c) before the meeting; and

(b) Classifying the type of interest that has given rise to the conflict as either: (i) A direct interest: or (ii) An indirect interest and specifying the particular kind of indirect interest

under Section 78, 78A, 78B, 78C,78D or 78E; and

(c) Describing the nature of the interest; and

(d) If the Councillor or member advised the Chief Executive Officer of the details under paragraph (a) (ii), the Councillor or member must make a disclosure of the class of interest only to the meeting immediately before the matter is considered at the meeting.

Declarations made at this meeting

Report # Councillor’s name Interest Type

Item 7 Prohibition of Racehorses from Killarney Beach

Cr Jill Parker

Section 78B Indirect interest Conflicting duties

Ordinary Council Meeting 20 December 2016– MINUTES Page 5202

Confirmation of Minutes

Cr Parker moved, Cr Smith seconded that the Minutes of the Ordinary Council Meeting held on Tuesday, 22 November 2016 be confirmed

Motion carried 7:0

Public Participation

Members of the public attending the monthly Council Ordinary Meeting may address the meeting in respect of either: a) any item listed in the business paper; or b) any other matter relevant to the activities and projects of the Council.

Any person wishing to address the Council must submit details in writing of the nature of the issue / question they wish to raise by 12 noon on the Monday prior to the meeting day.

The public participation segment for each meeting will be held at the beginning of the Council meeting commencing at 4.30 pm.

Any matters raised at a public participation session will be considered by the Council at the subsequent Council meeting.

The matters will be considered after the confirmation of minutes of previous meetings and be considered in the order they were raised at the public participation session. Meeting Procedure Local Law – 61(11) and 61(12). Summary: If the Chief Officer is unable to provide an answer to a question from a member of the public (during the public participation section of the meeting), the Chief Officer must provide and circulate to all Councillors a written answer to the member of the public at his or her nominated address as soon as is practicable. The response must be tabled at the next Ordinary Meeting and a summary of the text of the question and the response be included in the Minutes of the meeting.

Attachment: Document tabled by Mrs Joan Williams at 22 November 2016 Council Meeting and Chief Executive Officer’s response letter dated 9 December 2016.

Ordinary Council Meeting 20 December 2016– MINUTES Page 5200

Public participation attendees – 20 December 2016 meeting

4.33pm Cr Parker left the Chamber during Public Participation sections relating to the horses on beaches issue.

Report 7 Prohibition of racehorse from Killarney beach Mr Scott Grey Mr Sam Sproal Mr Bill Yates Mr Shane Howard Ms Teresa O’Brien 5.05pm Cr Parker returned to the Chamber. Mrs Joan Williams

1. Assemblies of Councillors

Report summary: The report details assemblies of Councillors that have taken place since the matter was last reported to Council in October 2016. Cr Wolfe moved, Cr Meade seconded that Council receives and notes the records of the listed assemblies of Councillors covering the period 12 November 2016 to 9 December 2016. 15 November 2016 – Planning Permit site inspection, Koroit

Matters considered PL16/095, Horne Street Koroit - Planning permit application for nursery and café and objections to the proposal

Councillors present Cr Doukas, Cr Lockett, Cr Meade, Cr Parker, Cr Ryan, Cr Smith, Cr Wolfe

Staff present Mr Moles, Ms Grainger

Conflict of Interest None declared. 15 November 2016 – Planning Permit site inspection, Killarney

Matters considered Basalt Winery, 1131 Princes Highway, Killarney 3 planning permit applications for buildings and works to cellar door, red line liquor licence amendments and use of building as a dwelling.

Councillors present Cr Doukas, Cr Lockett, Cr Meade, Cr Parker, Cr Ryan, Cr Smith, Cr Wolfe

Staff present Mr Moles, Ms Grainger

Conflict of Interest Cr Wolfe declared an interest for PL10/194.02 Red Line liquor licence and walked away from the meeting to the cellar door during this discussion. Indirect Interest, 78B Conflicting duties

Ordinary Council Meeting 20 December 2016– MINUTES Page 5201

15 November 2016 – Councillor Workshop

Matters considered • Macarthur Kindergarten • Belfast Aquatics Audit • Jamieson Medical Services sub-lease of Jacaranda House, Koroit - Expiration

and Possible New Tenure • Meeting with James Purcell MLC, member for Western Victoria

Councillors present Cr Doukas, Cr Lockett, Cr Meade, Cr Parker, Cr Ryan, Cr Smith, Cr Wolfe

Staff present Mr Madden, Mr Greenberger, Mr Leddin, Mr Moles, Ms Cook

Conflict of Interest None declared.

16 November 2016 – Mortlake Streetscape Committee

Matters considered 1. Apologies 2. Declaration of Interest 3. Matters Arising from previous meeting 4. Correspondence

5. Project Progress 6. Project timelines 7. Fundraising 8. General Business

Councillors present Cr Parker

Staff present Mr Greenberger, Mr Jegaskanda

Conflict of Interest None declared.

22 November 2016 – Agenda briefing

Matters considered 22 November 2016 Council meeting agenda

Councillors present Cr Doukas, Cr Lockett, Cr Meade, Cr Parker, Cr Ryan, Cr Smith, Cr Wolfe

Staff present Mr Madden, Mr Greenberger, Mr Leddin, Mr Moles, Ms Cook

Conflict of Interest Cr Wolfe Report 9 – Planning permit PL10/194.02 (update red line area for licensed premises). Indirect Interest, 78B Conflicting duties

6 December 2016 – Site visit, “Horses on beaches’ issue

Matters considered ‘The Cutting’, Gormans Road, Tower Hill Killarney Beach, Killarney Mills Reef Beach, Port Fairy Issues relevant to Council considering proposal to prohibit commercial racehorse training at Killarney Beach.

Councillors present Cr Doukas, Cr Lockett, Cr Meade, Cr Parker, Cr Ryan, Cr Smith, Cr Wolfe

Staff present Mr Madden, Mr Moles, Mr Gibson

Conflict of Interest None declared.

Ordinary Council Meeting 20 December 2016– MINUTES Page 5202

6 December 2016 – Councillor Workshop

Matters considered − Child Safe Standards − Environmental Upgrade Agreements − Investment Policy − Social Media − Dundonnell Wind Farm -

Establishment of a Community Engagement Committee

− 2575 Princes Hwy, Port Fairy – application to end Section 173 Agreement

− Round 2 Festival and Events Funding Program - 2016/17

− Prohibition of Racehorses from Killarney Beach

− Woolsthorpe Wind Farm Community Engagement Committee: Community representative nomination

− Amendment C63 – 6 Bank Street, Port Fairy Reardon Theatre upgrade including accessible facilities

− Primmers Road petition − Presentation - TILT Renewables − DC Farran Oval Budget

Variation − Koroit Depot − Mortlake Library redevelopment − Road making materials − Councillor Oath of Office /

Affirmation − Annual Report – Audit & Risk

Management Committee Operations

Councillors present Cr Doukas, Cr Lockett, Cr Meade, Cr Parker, Cr Ryan, Cr Smith, Cr Wolfe

Staff present Mr Madden, Mr Greenberger, Mr Leddin, Mr Moles, Ms Askew-Thornton

Conflict of Interest None declared. Motion carried 7:0

2. Financial Performance Report

Report Summary: The purpose of this report is to inform the Council of the financial performance and position of the Council. It provides a snapshot of some key financial indicators and monitors performance against year-to-date (YTD) actuals Cr Parker moved, Cr Wolfe seconded

1. That Council receive the November 2016 Financial Performance Report.

2. That Council approves the variations listed in Attachment 4 to the reports.

Motion carried 7:0

Ordinary Council Meeting 20 December 2016– MINUTES Page 5203

3. Councillor Allowances

Report summary: The report reviews the level of Councillor allowances in accordance with Section 74(1) of the Local Government Act 1989. Cr Wolfe moved, Cr Lockett seconded 1. That Council set the Councillor annual allowance of $24,730 being within the

prescribed range of Category 2 Councils: $10,284 to $24,730 per annum. 2. That Council nominate the Mayoral allowance of $76,521 being within the

prescribed range of Category 2 Councils: Up to $76,521 per annum. 3. That the Mayor is provided with a fully maintained Council passenger vehicle for

Council related and personal use during their term as Mayor. 4. That Council advertise, in accordance with Section 223 of the Local Government

Act 1989, its intention to adopt Councillor and Mayoral allowances for the next four years.

Motion carried 7:0

4. Child Safe Standards

Report summary: The Victorian Government has introduced compulsory minimum standards that will apply to organisations that provide services for children to help protect children from all forms of abuse. The child safe standards form part of the Victorian Government’s response to the Betrayal of Trust Inquiry.

Cr Ryan moved, Cr Parker seconded that the attached Child Safe Standards 1-7 be adopted by Council.

Motion carried 7:0

Ordinary Council Meeting 20 December 2016– MINUTES Page 5204

5. Investment Policy

Report summary: In accordance with Council’s Policy Review Framework the Investment Policy is due for review. The review resulted in some minor amendments to the policy but does not change the intent of the existing policy. Cr Smith moved, Cr Wolfe seconded that Council adopt updated Investment Policy CCS-7. Motion carried 7:0

6. Social Media

Report summary: Social media is the preferred method of communication for the wider community, and this reach allows information to be shared across a wide audience in a very short period of time. Calls have been made from both current Councillors and members of the community for Moyne Shire Council to create a Facebook page.

Cr Lockett moved, Cr Meade seconded that Council create Facebook, Instagram, and LinkedIn pages to enhance Council’s community communication platform. 5.27pm Cr Parker left the Chamber. 5.28pm Cr Parker returned to the Chamber. Motion carried 7:0

Planni

Ordinary Council Meeting 20 December 2016– MINUTES Page 5205

7. Prohibition of Racehorses from Killarney Beach

5.29pm Cr Parker declared an interest in this item and left the Chamber during discussions and voting. Report summary: The report discusses the Council proposal to prohibit commercial race horse training from Killarney Beach and considers submissions from individuals and organisations received over the past 12 months including the formal submission period between 24 October 2016 and 21 November 2016. Cr Meade moved, Cr Smith seconded that Council: 1. Prescribe to prohibit racehorses, and prohibit any horses from galloping,

cantering or trotting on Killarney Beach between the boat ramp, easting 614,770 (GDA 94) and a point 600m west of the boat ramp, easting 614,170 (GDA 94) between 1 December and Easter Monday inclusive, each year.

2. Allow racehorse training on Killarney Beach between the boat ramp, easting 614,770 (GDA 94) and a point 600m west of the boat ramp, easting 614,170 (GDA 94) from dawn to 10am between Easter Monday and 1 December each year provided; a) No more than 20 racehorses are trained on the beach on any one day, and b) No more than 6 racehorses are on the beach at any time.

3. Install signs on site to inform the community and delineate the area subject to restrictions and;

4. Place a public notice detailing the prescriptions detailed at 1 and 2. Cr Ryan foreshadowed a motion. Motion lost 3:4 on casting vote of the Mayor. For: Cr Meade, Cr Smith, Cr Wolfe Against: Cr Doukas, Cr Lockett, Cr Ryan Cr Ryan’s foreshadowed motion:

Cr Ryan moved, Cr Lockett seconded that Council: 1. Prescribe to prohibit racehorses, and prohibit any horses from galloping,

cantering or trotting on Killarney Beach between the boat ramp, easting 614,770 (GDA 94) and a point 600m west of the boat ramp, easting 614,170 (GDA 94);

2. Install signs on site to delineate the prohibited area and inform the community of the prohibition; and

3. Place a public notice detailing the prescription detailed at 1.

Planni

7. Prohibition of Racehorses from Killarney Beach

Ordinary Council Meeting 20 December 2016– MINUTES Page 5206

Cr Meade foreshadowed a motion.

Motion lost 2:4 For: Cr Lockett, Cr Ryan Against: Cr Doukas, Cr Meade, Cr Smith, Cr Wolfe

Cr Meade’s foreshadowed motion:

Cr Meade moved and Cr Doukas seconded

1. That Council prescribe to prohibit racehorses, and prohibit any horses from galloping, cantering or trotting on Killarney Beach between the boat ramp, easting 614,770 (GDA 94) and a point 600m west of the boat ramp, easting 614,170 (GDA 94) until 30 April 2017.

2. That Council consider this matter again before 30 April 2017 3. That Council continue to consult on this matter. Motion carried 4:2 For: Cr Doukas, Cr Meade, Cr Smith, Cr Wolfe Against: Cr Lockett, Cr Ryan

6.12pm Cr Parker returned to the Chamber.

Planni

Ordinary Council Meeting 20 December 2016– MINUTES Page 5207

8. Planning Permit PL15/113 – 4 Trotters Lane, Cudgee – 2 Lot Subdivision

Report summary: The proposed subdivision seeks to create two township allotments, each with an area over 3000m2. Lot 1 will contain an existing dwelling and Lot 2 will contain vacant land.

Cr Ryan moved, Cr Wolfe seconded that Council having caused notice of Planning Application No. PL15/113 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Refuse to Grant a Permit under the provisions of the Moyne Planning Scheme in respect of the land known and described as 4 Trotters Lane, Cudgee, (Lot 3 PS133868), for the 2 lot subdivision, with the application dated 28/05/2015 and amended plans for the amended application dated 26/11/2015.

For the following grounds:

1. The subdivision is inconsistent with the State Planning Policy Framework, particularly Clauses 14.02-1 and 14.02-2 that seek to protect waterways.

2. The subdivision would be inconsistent with the purpose of Township Zone as it will create a lot that cannot be used for the purpose of a dwelling.

3. The subdivision does not provide sufficient area to accommodate a compliant septic system for a future dwelling on Lot 2.

Motion carried 4:3 For: Cr Lockett, Cr Parker, Cr Ryan, Cr Wolfe Against: Cr Doukas, Cr Meade, Cr Smith

6.26pm Cr Ryan left the Chamber.

Ordinary Council Meeting 20 December 2016– MINUTES Page 5208

9. Petition - Anna Catherine Drive, Port Fairy – Dust Complaint

Report summary: The report relates to the petition received by Council on 17 November, 2016 which is signed by 15 citizens. The petition requests Council take the necessary steps to ensure dust problems associated with a subdivision development west of Anna Catherine Drive are addressed. Cr Parker moved, Cr Wolfe seconded that Council: 1. In accordance with Council’s Local Law (meeting procedures) receive the Petition. 2. Receive a further report at a future meeting of Council regarding any proposed

actions. Motion carried 6:0

10. 2575 Princes Highway, Port Fairy – Application to End Section 173 Agreement

Report summary: An application has been made by the landowner to end the Section 173 Agreement registered on Certificate Title Volume 10898 Folio 713 - Lot 2 Plan of Subdivision 531003H, using Section 177(2)(a) of the Planning and Environment Act 1987. The purpose of the Agreement provides that there will no further subdivision of either lots created unless the subject land is rezoned and until a Development Plan is prepared. The Agreement was incumbent only on the subject land owners being GJ Mason and VL Mason. Cr Wolfe moved, Cr Parker seconded that Council resolve to end the Section 173 Agreement registered on the land situated at 2575 Princes Highway, Port Fairy (Certificate of Title Volume 1088 Folio 713) under Section 178 of the Planning and Environment Act 1987.

6.29pm Cr Ryan returned to the Chamber.

Motion carried 7:0

Ordinary Council Meeting 20 December 2016– MINUTES Page 5209

11. Amendment C63 – 6 Bank Street, Port Fairy

Report summary: Council resolved at its meeting on 26 April, 2016, that the land at the former Port Fairy Pre-School and Child and Health Centre site is surplus to its requirements, and to sell the land in accordance with the provisions of the Local Government Act 1989. As the land is zoned Public Use Zone 6 – Local Government, it must be rezoned via an amendment to the Moyne Planning Scheme, to comply with the requirements of the State Government’s guideline for the sale of Council land. Cr Ryan moved, Cr Lockett seconded that Council, having considered all matters as required by Section 12(2) of the Planning and Environment Act 1987, resolves to: 1. Seek Ministerial Authorisation to prepare Planning Scheme Amendment C63 to

the Moyne Planning Scheme to rezone the land at No. 6 Bank Street, Port Fairy from Public Use Zone 6 – Local Government to part Commercial 1 Zone and part Public Park and Recreation Zone, pursuant to Section 8A(2) of the Planning and Environment Act 1987.

2. Following receipt of Ministerial authorisation, exhibit the planning scheme amendment in accordance with the provisions of the Planning and Environment Act 1987.

3. Delegate, to the Manager Planning, the ability to make any changes to amendment documentation for Planning Scheme Amendment C63 prior to exhibition, if requested by the Department of Environment, Land, Water and Planning, or if required by a condition of Ministerial Authorisation.

Motion carried 7:0

Ordinary Council Meeting 20 December 2016– MINUTES Page 5210

12. Round 2 Festival and Events Funding Program - 2016/17

Report summary: To seek endorsement of recommended funding allocations for Round 2 of the 2016/17 Festival and Event Funding Program. Cr Ryan moved, Cr Parker seconded that Council: 1. Allocate Round Two of the 2016/17 Festival and Event Funding Program as

presented in Attachment 1 to the report, with the following changes:

ExLibris Port Fairy Festival of Words - $5,000 (not $10,000)

and the addition of

Macarthur & District Lions Club (Australia Day celebration 2017) - $540

Panmure Action Group (Anzac Day 2017) - $1,480

Wannon Region Dairy Branch UDV (Dairy Farmer Family Day) - $ 5,000

and 2. Carry the balance of funds forward into 2017/18 financial year to ensure

continued investment in the Moyne event calendar.

Motion carried 7:0

13. Dundonnell Wind Farm - Establishment of a Community Engagement Committee

Report summary: The report recommends to Council the establishment of a Community Engagement Committee for the Dundonnell Wind Farm project, as an Advisory Committee to Council. Cr Parker moved, Cr Smith seconded that Council endorse the establishment of a Dundonnell Wind Farm Community Engagement Committee. 1. That Cr Jim Doukas, Cr Jill Parker, Cr Ian Smith, be appointed to the Dundonnell

Wind Farm Community Engagement Committee. 2. That Council invite expressions of interest from the public for four (4) community

member positions on the Dundonnell Wind Farm Community Engagement Committee.

3. That the Committee review a draft Charter and report back to Council with its recommendations via the Minutes of the Meeting.

Motion carried 7:0

Ordinary Council Meeting 20 December 2016– MINUTES Page 5211

14. Woolsthorpe Wind Farm Community Engagement Committee Community representative nomination – Graeme Broderick

Report summary: The report presents Mr Graeme Broderick’s nomination for the Woolsthorpe Wind Farm Community Engagement Committee (CEC). There are currently two community representative vacancies on this CEC. Cr Ryan moved, Cr Lockett seconded that Council appoints Mr Graeme Broderick to the Woolsthorpe Wind Farm Community Engagement Committee.

Motion carried 7:0

15. Petition – Primmers Road, Mailors Flat

Report summary: The report relates to the petition received by Council on 22 August 2016 which is signed by 26 citizens. Cr Ryan moved, Cr Smith seconded that Council write to the organiser of the Petition to advise that: 1. The installation of speed signs is not considered necessary. 2. Costs for any road upgrades would need to be borne by benefitting landowners

by way of a special charge scheme and seek an indication of interest in commencing such a scheme.

Motion carried 7:0

Ordinary Council Meeting 20 December 2016– MINUTES Page 5212

16. Reardon Theatre Upgrade including Accessible Facilities

Report summary: The report details a response to a petition that was presented to Council at its meeting on 26 July 2016 as well as other proposed works for Reardon Theatre in Port Fairy. The report outlines a number of current issues identified by users of the facility and recommends that a funding submission to Regional Development Victoria be prepared to offset some of the costs associated with the required works.

Cr Lockett moved, Cr Ryan seconded a) that Council endorse an application to Regional Development Victoria for funding

to assist in the implementation of works for Reardon Theatre in preparation for the 2017-18 Council budget.

b) That Council write to the three key user groups of Reardon Theatre to advise of the intention and to commence fundraising for the upgrade.

Motion carried 7:0

17. DC Farran Oval - Budget Variation

Report summary: The report provides information regarding a project at DC Farran Oval in Mortlake and recommends that Council vary the 2016-17 budget to enable a contribution of $250,000 towards the project. Cr Parker moved, Cr Ryan seconded that Council vary the 2016-17 budget to provide $250,000 towards the redevelopment project at DC Farran Oval, Mortlake.

Motion carried 7:0

Ordinary Council Meeting 20 December 2016– MINUTES Page 5213

18. Koroit Depot

Report summary: The report relates to the proposed office changes at the Koroit depot. Cr Parker moved, Cr Smith seconded that Council allocate a further $75,000 towards the Koroit Depot improvements Motion carried 7:0

19. Mortlake Library Redevelopment

Report summary: The report presents the plans for the Mortlake Library redevelopment. The report is provided for Councillors consideration prior to a grant application being submitted to the Living Libraries fund. Cr Parker moved, Cr Smith seconded that Council determine that the application for $500,000 to the Living Libraries Fund be lodged. Motion carried 7:0

Ordinary Council Meeting 20 December 2016– MINUTES Page 5214

20(a) Mayor’s Report

The report provided information to Council in regard to the Mayor's meeting schedule, 12 November 2016 to 9 December 2016:

2016 Location Function

12 November Port Fairy Port Fairy Urban Fire Brigade Annual Dinner & presentation night

15 November Koroit Planning Permit site inspection PL16/095, Horne Street

15 November Killarney Planning Permit site inspection, Basalt Winery

15 November Port Fairy Councillor Workshop

17 November Warrnambool Great South Coast IOC Pillar Group meeting

17 November Minhamite Minhamite Twilight Community Meeting & BBQ

18 November Warrnambool Official opening of the Emmanuel Centre (Emmanuel College)

18 November Warrnambool Meeting with Simon Ramsay, Member for Western Victoria

21 November Cudgee Cudgee Progress Association

22 November Mortlake Council meeting

23 November Port Fairy Audit and Risk Committee Meeting

23 November Nullawarre Nullawarre Township Inc. meeting

24 November Mailors Flat Mailors Flat Committee Meeting

27 November Mailors Flat Mailors Flat Community BBQ

29 November Garvoc Garvoc District Residents Group

30 November Orford Orford Working Group

1 December Warrnambool Port Fairy Race Day

2 December Camperdown Great South Coast (GSC) Board Meeting

5 December Koroit Koroit Working Group meeting

6 December Killarney Site visit – horses on beaches

6 December Port Fairy Councillor Workshop

7 December Warrnambool South West Primary Care (SWPC) ‘A Healthier South West’

7 December Framlingham Framlingham Recreation Reserve Triennial General Meeting

Councillors Reports

Ordinary Council Meeting 20 December 2016– MINUTES Page 5215

20(b) Councillors’ Report

The report provided information to Council in regard to the Councillors’ meeting schedules, 12 November 2016 to 9 December 2016:

2016 Location Function

14 November Mortlake Mortlake Community Development Committee Annual General Meeting

15 November Koroit Planning Permit site inspection PL16/095, Horne Street

15 November Killarney Planning Permit site inspection, Basalt Winery

15 November Port Fairy Councillor Workshop

16 November Mortlake Mortlake Streetscape Committee

16 November Woorndoo Woorndoo Community Meeting

22 November Mortlake Council meeting

23 November Port Fairy Audit and Risk Committee Meeting

29 November Garvoc Garvoc District Residents Group

29 & 30 Nov Melbourne Australian Coastal Councils Association

1 December Peterborough Peterborough Residents Group meeting

5 December Mortlake Corangamite Regional Library Corporation induction

5 December Koroit Koroit Working Group meeting

6 December Killarney Site visit – horses on beaches

6 December Port Fairy Councillor Workshop

7 December Via teleconference Australian Local Government Women’s Association

7 December Panmure Panmure Action Group

7 December Hawkesdale Hawkesdale and District Action Committee(HADDAC)

Ordinary Council Meeting 20 December 2016– MINUTES Page 5216

21. Councillor Notice of Motion None detailed at time of printing.

22. Personal Explanations

Cr Lockett gave an update of Notice of Motion 22 November 2016 - Acknowledgement of Country

23. Urgent Business

None detailed at time of printing.

24. CEO Activities Report

Report noted.

25. Councillor Oath of Office / Affirmation

Report summary: Councillors took the Oath at the Special Council meeting on 8 November 2016, signed and witnessed in front of the CEO using wording as provided by Department Environment Land Water and Planning (DELWP) in the “Guidelines on Oaths and Declarations for Council Election Candidates. Subsequent advice from DELWP indicates that requirements of the Evidence (Miscellaneous Provisions) Act 1958 also remain in place which requires an oath or declaration wording to precede the wording previously advised. Councillors took the Oath and Affirmation individually, signed and dated the form, which was then witnessed by the Chief Executive Officer.

The Oaths and Affirmations are attached to these Minutes.

Ordinary Council Meeting 20 December 2016– MINUTES Page 5217

7.37pm Cr Lockett left the Chamber

7.37pm Closure of Open Meeting Cr Parker moved, Cr Smith seconded that the meeting be closed to members of the public to discuss the items listed in the confidential agenda. The reason for the items being considered at meeting closed to the public – Local Government Act Section 89 2 (d) contractual matters.

Motion carried 6:0

7.38pm Cr Meade left the Chamber

26. Contract No. MS819 – Supply and delivery of new or second hand wheel loader for the Mt Shadwell Quarry

Reason for Report and Attachments being classed as Confidential - Local Government Act 1989, Section 89 2 (d) contractual matters

Cr Smith moved, Cr Wolfe seconded

1. That Council makes and declares confidential the tender evaluation report on Contract MS819.

2. That the tender from William Adams Pty Ltd be accepted for Contract MS819 Supply and delivery of one new wheel loader for Mt Shadwell Quarry for $526,000 ex GST.

Motion carried 5:0 7.39pm Cr Meade and Cr Lockett returned to the Chamber.

Ordinary Council Meeting 20 December 2016– MINUTES Page 5218

27. Contract No. MS827 - Supply and delivery of one new motor grader with trade in of Mitsubishi MG460 grader, registration SKB-035

Reason for Report and Attachments being classed as Confidential - Local Government Act 1989, Section 89 2 (d) contractual matters.

Cr Smith moved, Cr Meade Seconded

1. That Council makes and declares confidential the tender evaluation report on Contract MS827.

2. That the tender from William Adams Pty Ltd be accepted for Contract MS827 supply and delivery of one new motor grader for the sum of $350,000 and the trade-in of the Mitsubishi MG460 grader, registration SKB-035 for the sum of $47,000 ex GST.

Motion carried 7:0

7.42pm Resumption of Open Meeting Cr Parker moved, Cr Wolfe seconded that the open meeting be resumed and to lift confidentiality of resolutions 26 and 27. Motion carried 7:0 Meeting closed at 7.43pm Confirmed this 24th January 2017.

………………………………………

Mayor