Council Meeting Minutes - mrsc.vic.gov.au · Prayer 1 2. Recording and Live ... instance she was of...

Council Meeting Minutes Ordinary Council Meeting Wednesday 23 May 2018 at 7.00pm Gisborne Administration Centre 40 Robertson Street, Gisborne

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO.

1.

Prayer 1

2.

Recording and Live Streaming of this Council Meeting 1

3. Present and Apologies 1

4. Declaration of Conflicts of Interest

2

5. Mayor’s Report

2

6. Petitions

5

7. Adoption of Minutes

5

8. Record of Assemblies of Councillors

6

9. Deputations and Presentations to Council

9

Questions from the Public

9

10 Director Planning and Environment PE.1 Application for Planning Permit

PLN/2017/296 – Retrospective use of land for animal keeping (dog breeding – 20 dogs) and associated development of dog runs and kennels – 111 Tweddle Road, Gisborne South

PE.2 Application for Planning Permit

PLN/2017/480 – Variation of restrictive covenant – AH558250F by deleting Clause (B) to allow for a dwelling to be constructed on both lots (as per subdivision approval PLN/2015/149) – 143 Aitken Street, Gisborne

10

12

11. Chief Executive Officer

CX.1 Report of the Section 223 Committee

meeting held on Wednesday 18 April 2018

CX.2 Quarterly Report for the period ended 31

March 2018 CX.3 Hanging Rock Strategic Advisory

Committee – Report to Council from meeting on 30 April 2018

18

18

19

CX.4 Small Community Grant Scheme – Consideration of grant application

CX.5 Proposed locality boundary amendment –

Drummond North

19

20

12. Director Corporate Services CS.1 Contracts to be awarded as at 23 May 2018 CS.2 Procurement Policy 2018

CS.3 47 Victoria Street, Macedon CS.4 Kyneton Primary School Master Plan CS.5 Report from the Audit Committee meeting

held on 16 May 2018

21

22

14

16

22

13. Director Community Wellbeing CW.1 State Government World Game Facilities

Fund CW.2 Gardiner Reserve netball court CW.3 Refugee Welcome Zone and SHEV

participation

23

17

23

14.

Director Assets and Operations AO.1 Consideration of requests for inclusion of

roads onto the Public Road Register AO.2 Discontinuance and sale of an unmade

Government road between Bruce Street and Elliot Street, Macedon

AO.3 Kerbside collection services – Interim

arrangements

24

25

25

15. Notices of Motion

26

16. Urgent or Other Business

26

17. Confidential Reports 17.1 Kerbside collection services – Interim

arrangements

26

Ordinary Council Meeting – Wednesday, 23 May 2018 MINUTES

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1. PRAYER 7.00pm The Mayor read the prayer

2. RECORDING AND LIVE STREAMING OF THIS COUNCIL MEETING

Please note that this meeting was recorded and streamed live on the internet in accordance with Council's ‘Live Streaming and Publishing Recording of Meetings’ Protocol, which can be viewed on Council’s website. The recording was bookmarked, archived and made available on Council's website 48 hours after the meeting. All care was taken to maintain privacy however as a visitor in the public gallery presence may have be recorded. By remaining in the public gallery, it was assumed that consent was given if images were inadvertently broadcast. Those present at the Council Meeting were reminded that Local Government decision making, unlike State and Federal Government, does not afford the benefit of parliamentary privilege and hence no protection is afforded to Councillors, Council officers and the public for comments made during meetings which are subsequently challenged in a court of law and determined to be slanderous.

3. PRESENT

Cr Jennifer Anderson (Mayor) West Ward Cr Henry Bleeck East Ward Cr Natasha Gayfer East Ward Cr Bill West East Ward

Cr Mandi Mees South Ward Cr Helen Radnedge South Ward Cr Andrew Twaits South Ward

Cr Roger Jukes West Ward Cr Janet Pearce West Ward In Attendance Ms Margot Stork Chief Executive Officer Mr Dale Thornton Director Assets and Operations Mr John Hausler Director Corporate Services Ms Angela Hughes Director Planning and Environment Mr Stephen Mahon Manager Council and Customer Services

APOLOGIES An apology was received from the Director Community Wellbeing Ms Karen Stevens.


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4. DECLARATION OF CONFLICTS OF INTEREST

Cr Anderson advised that on the basis that she was a member of the Roads Committee which determined one of the matters being dealt with in Item AO.1 Consideration of requests for inclusion of roads into the Public Roads Register she would remove herself for this item.

Cr Gayfer advised that whilst she had previously declared an indirect conflict of interest in relation to matters associated with Hanging Rock due to her ownership on property in close proximity to the Hanging Rock Reserve in this instance she was of the view that the report before Council to receive the minutes of the Hanging Rock Strategic Advisory Committee did not constitute a conflict of interest.

Cr Twaits advised that due the wrongful release of written confidential information which was a legitimate part of the deliberative process he would excuse himself from Items PE.1 and PE.2. He noted he had taken this decision in the interests of the perceptions of governance despite legal advice received by the Chief Executive Officer strongly supporting his right to participate in these matters.

5. MAYOR’S REPORT

The Mayor reported on the following recent happenings around the shire:

Since the April Ordinary Council meeting I have been on leave overseas, returning only a week ago.

I would like to take this opportunity to thank Cr Mees, Cr Pearce and Cr Gayfer for acting as Mayor in my absence.

For the first time,this month’s quarterly report aims to allow Councillors the opportunity to provide a summary of their activities in the community over the preceding quarter. With so many events wanting to be highlighted by many Councillors, the current quarterly report is not a full account of what each councillor has been involved in outside of briefings and council meetings, but selected events, some of which Councillors may have recognised as important for the shire, but not actually attended. We will work on refining the reporting process to be a true reflection of activities undertaken.

Thank you to all Councillors who took time out of their busy schedules to attend community and Council run events this month. I wish to highlight some of these in the following report.

Sad passing of those associated with Council

Alan Hobbs passed away during the month. Alan was on the Gisborne Council for 25 years and served as Shire President on three occasions, 1966–67, 1974–75 and 1986–87. Our condolences are extended to his family and we recognise his significant contribution to the former Shire of Gisborne and the region as a whole. The funeral was held last Friday, which Cr Twaits attended.

I would also like to acknowledge the sad passing of Snowy the kangaroo, who has been a regular presence at Hanging Rock for many years. She mothered many joeys in her life and will be greatly missed.


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Working in Partnerships

Loddon Campaspe Mayors and CEO meeting CEO Margot Stork and I drove to Charlton on 20 April to attend the regular bi monthly session of regional Mayors and CEOs, at the REX theatre.

We are working together to ensure the priorities for the broader region are well articulated to State and Federal government, and to learn about projects and works that each shire in the region is undertaking.

MAV Mayor and CEO Rural and Regional Forum

Cr Pearce attended this biannual forum on behalf of council to discuss common issues across the local government sector that the MAV is working on.

Loddon Campaspe Regional Partnership Forum

Kyneton hosted this forum for the first time with a great turnout not only from our shire but across the region. Thank you to all who represented Council and the Macedon Ranges residents’ aspirations.

Supporting Diversity within the shire

Visit by Gerard Mansour Residents were invited to hear passionate advocate for the needs of older people, Gerard Mansour in Kyneton on 27 April. Mr Mansour is the Commissioner for Senior Victorians and the Victorian Ambassador for Elder Abuse Prevention, and raises awareness of the rights of older Victorians through this work. Council is currently working on establishing an Elder Abuse Prevention Network across the Macedon Ranges to ensure older people can live safely in our community, and are free from harm.

IDAHOT/IDAHOBIT Flag raising ceremonies

International day against homophobia, transphobia and biphobia was celebrated not only with the now traditionally held flag raising in Kyneton but also in Gisborne at John Aitkin Reserve. A moving event at both locations, attended by Cr Pearce, Radnedge and myself with personal stories of how fear of those who are different has resulted in some tragic outcomes and we must work together to remove this fear.

Events

‘With You With Me With Them’ quilt exhibition

The opening night in Kyneton was attended by Cr. Gayfer on 21 April, drawing attention to the challenges faced by our returning service men and women. The exhibition was a creative and moving display organised by Jim and Ros Matheson.

Lighting refurbishment at Gilbert Gordon Oval The official opening of the lighting redevelopment at Gilbert Gordon Oval in Woodend was held on 21 April. The joint funding by user groups, Council and the State Government shows all levels working together to achieve a shared outcome. The lighting redevelopment complements significant works in recent years at Gilbert Gordon Oval including a playing surface upgrade, netball court upgrade and the forthcoming upgrade to the change rooms.


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Anzac Day Services Together with large crowds, Councillors attended the various commemorative ceremonies and services in the shire on Anzac Day to remember all of those who served and died in wars, conflicts and peacekeeping operations.

Launch of Australia’s first lithium battery recycler On the 26 April Crs Gayfer and West attended the opening of Australia’s first lithium battery recycling plant, Envirostream in Gisborne by Minister for Energy, Environment and Climate Change Lily D’Ambrosio. In the midst of recycling challenges for communities, Envirostream is demonstrating how opportunities can be developed in Australia’s resource recovery sector.

Virtual maternal and child health nurse app launched Families are now able to access the latest parenting tips, advice and guidance at just a touch of a screen with the release of a new interactive smartphone app. The MCH app is designed for families with children from birth to pre-school age and provides a modern, digital solution for sourcing information on a wide range of topics such as meals and snacks, sleep and settling, learning and development, child behaviour, injury prevention, communication and play-based learning. The app also provides reminders about upcoming MCH appointments, seasonal warnings, a list of useful contacts and an interactive Q&A function with links to trusted information online.

Intrepid Women’s Event Council hosted a unique evening of story and song at the Kyneton Town Hall on 26 April, attended by Cr. Pearce that celebrated courageous and adventurous women. The event was an opportunity to celebrate the leadership and achievements of pioneering women of the region.

Business Networking Lunch On 1 May a delegation of international business women from Vietnam, Mongolia and Singapore visited the Macedon Ranges. Council provided support to the delegation and coordinated local business representatives to attend a networking lunch in Lancefield. Cr Pearce attended as acting Mayor.

Unspoken session

On 3 May, three sessions were held that used art and performance to generate awareness, understanding and action around end of life conversations. Macedon Ranges is the first of only nine councils chosen to host this event.

Romsey Men’s Shed Earlier this month Crs Gayfer, Pearce and West attended a forum of over 30 people where it was decided to press ahead with a men’s shed in Romsey. Last Friday Cr West followed up by attending the steering committee’s first meeting, where an executive team was elected. This project is coming about through the initiative of the Romsey-Lancefield Rotary Club.

Central Ranges Local Learning and Employment Network ( CRLLEN) AGM

Cr Pearce is our representative on this network group and she attended the AGM. Congratulations to our local youth from “The House of Awesome” who


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were awarded The Christine Cox Award in producing a video to bridge the gap between health professionals and youth, especially supporting LGBTIQ young people and their friends.

National Volunteers week It is always hard to acknowledge all our great volunteers so traditionally in International Volunteers week we have a celebration morning tea with a group of volunteers from our visitor information centres. Thank you to Cr. Pearce, West and Radnedge who attended yesterday's celebration at Olive Jones in Macedon.

Consultation sessions

A community drop-in session was held in Kyneton on 9 May seeking community feedback on a proposal to introduce a local law to improve safety around the Kyneton Airfield and minimise potential hazards to aircraft users and the general community.

Biodiversity and Landcare Connectivity Forum at Mount Macedon on 1 May

Visitor economy reference group session on 1 May in addition to two Arts and Culture Strategy community feedback sessions

It was moved by Cr Pearce seconded by Cr Jukes that the Mayors Report

be received. CARRIED

Note – The above report varies slightly from the presented report due to factual errors

that have been raised post the meeting. 6. PETITIONS Nil It was moved by Cr Anderson seconded by Cr Radnedge that Council alter the order of the agenda to deal with Items PE.1, PE.2, CS.3, CS.4 and CW.2 after deputations and presentations to Council and thereafter resume the listed order.

CARRIED 7. ADOPTION OF MINUTES Ordinary Council Meeting: Wednesday 18 April 2018

The Manager Council & Customer Services advised Council of two amendments to the minutes of the 18 April 2018 Council Meeting these being; 1. The Mayors report was moved by Cr Jukes and seconded by Cr Gayfer 2. The closure of the meeting to the public was pursuant to Section 89(2)(d)

not (h) of the Local Government Act 1989. Officer Recommendation:

That the minutes of the Ordinary Council Meeting of the Macedon Ranges Shire Council held on Wednesday 18 April 2018 as circulated and amended above be confirmed.

It was moved by Cr Mees seconded by Cr Pearce that the Officer Recommendation be adopted.

CARRIED


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8. RECORD OF ASSEMBLIES OF COUNCILLORS – MAY 2018

1. Summary / Purpose The purpose of this report is to provide the record of any assembly of Councillors, which has been held since the last Council Meeting, so that it can be recorded in the minutes of the formal Council Meeting. 2. Policy Context An amendment to the Local Government Act 1989, which came into effect on 24 September 2010 requires the record of any assembly of Councillors to be reported to the next practicable Council Meeting and recorded in the minutes (Refer Local Government and Planning Legislation Amendment Act 2010 – No. 58 of 2010 – Section 17). 3. Background Information The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed. A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or the exercise of a Council delegation and the meeting is: 1. A planned or scheduled meeting that includes at least half the Councillors (5) and a member of Council staff; or 2. Is an Advisory Committee of the Council where one or more Councillors are present. Note: Advisory Committee means any committee established by the Council, other than a special committee, that provides advice to (a) the Council, or (b) a special committee, or (c) a member of Council staff who has been delegated a power, duty or function of the Council under Section 98. Note: Only matters that are the subject of discussion and consideration at an Assembly will be listed. Incidental updates and information on matters will not be recorded. This requirement for reporting provides increased transparency and the opportunity for Councillors to check the record, particularly the declarations of conflict of interest. 4. Report Outlined below are the details of assemblies of Councillors held since the last meeting.

1. Date / Time Type of Assembly 16 April 2018 Planning Scheme Community Reference Group

Venue Kyneton Administration Centre

Present – Councillors Mees, Radnedge, Anderson and Pearce

Present – Officers Philip Schier

Items discussed Community Reference Group meeting on Planning Scheme Review – Issues and Opportunities Paper

Conflicts of interest declared by Councillors and record of them leaving the meeting

Nil


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when the matter about which they declared the conflict of interest was discussed.

Did they leave the assembly? N/A

Conflicts of Interest declared by officers

Nil Did they leave the assembly? N/A

2. Date / Time Type of Assembly 18 April 2018 1.30pm – 6.00pm

Councillor Briefing

Venue Gisborne Administration Centre

Present – Councillors West, Radnedge, Twaits, Anderson, Pearce Bleeck (arrived 1.45pm) Gayfer (arrived 2.05pm) Jukes (arrived 2.11pm) Mees (arrived 3.30pm)

Present – Officers Margot Stork, John Hausler, Matthew Irving, Jill Karena, Jodi Turner, Stephen Mahon, Robyn Till, Angela Hughes, Rick Traficante, Suzane Becker, Gareth Hately

Items discussed Kyneton Primary School Round 2 Community Consultation Arts & Culture Strategy Update on Malmsbury Juvenile Centre Development Localised Planning Statement – continuation of facilitated workshop Agenda Review and Officer Updates

Conflicts of interest declared by Councillors and record of them leaving the meeting when the matter about which they declared the conflict of interest was discussed.




3. Date / Time Type of Assembly 9 May 2018 1.30pm – 6.00pm Councillor Briefing


Present – Councillors Gayfer, West, Radnedge, Jukes, Pearce Bleeck (arrived 4.10pm)

Present – Officers Margot Stork, John Hausler, Karen Stevens, Stephen Mahon, Michelle Wyatt, Silvana Predebon, Dale Thornton, Rick Traficante

Items discussed Presentation by the Office of the Red Tape Commissioner Presentation by Macedon Ranges Sustainability Group Presentation by Macedon Ranges Health & Benetas Kyneton Primary School Draft Master Plan Planning Matters

- 111 Tweddle Lane, Gisborne - 143 Aitkin Street, Gisborne


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- 1891 Mount Macedon Road, Woodend - 2662 Melbourne Lancefield Road, Romsey - 7 Magnet Lane, New Gisborne

Councillor and Officer Updates Small Community Grants Reports to be presented to the next Ordinary Council Meeting Council Prayer





4. Date / Time Type of Assembly 16 May 2018 3.10pm – 6.50pm

Councillor Briefing


Present – Councillors Gayfer, West, Anderson, Pearce, Jukes, Radnedge and Bleeck

Present – Officers Margot Stork, John Hausler, Karen Stevens, Stephen Mahon, Anne-Louise Lindner, Matthew Irving, Althea Jalbert, Rick Traficante, Leanne Davey, Jayde Hayes, Dean Frank, Suzane Becker, Gareth Hately

Items discussed Draft Roadside & Footpath Trading Policy (previously Street Furniture Policy) Review of Footpath Program Jobs for the Future Hanging Rock Master Plan Update Councillor and Officer Updates Councillor Meeting Agenda Items Localised Planning Statement Discussion


Cr Gayfer declared an indirect conflict of interest in the Hanging Rock Master Plan Update due to her ownership of property in close proximity to the Hanging Rock Reserve and the potential impact on her residential amenity Did they leave the assembly? Yes




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The Manager Council & Customer Services advised Council of a change to the Record of Assembly on the 16 May 2018 to indicate that Cr Radnedge was in attendance. The Assembly Report above has been amended accordingly.

Officer Recommendation:

That Council endorse the record of assemblies of Councillors as outlined in this report.

It was moved by Cr Pearce seconded by Cr Radnedge that the Officer Recommendation be adopted.

CARRIED Suspension of Standing Orders 7.20 pm It was moved by Cr Jukes seconded by Cr Twaits that standing

orders be suspended to enable Council to hear deputations and presentations to Council

CARRIED

9. DEPUTATIONS AND PRESENTATIONS TO COUNCIL Item Submitters CW.2 1 7.24 pm Cr Twaits left the Council Meeting. PE.1 11 PE.2 2 Questions from the Public Name : Russell Mowatt Question – At the Ordinary Council Meeting on the 28 March 2018 Cr Anderson proposed to submit a motion to the Australian Local Government Association National Assembly 2018 for two points which were carried. Could Council please advise if this motion was received by the Australian Local Government National Assembly and if so what was the outcome? Response – The Chief Executive Officer advised that the motion had been submitted and would be formally considered at the National Assembly which would be held on the 17-18 June 2018

Name : Dale O’Sullivan Question – Why hasn’t Council released the engineers report concerning the Woodend Clocktower and can it be released immediately? The current neglect of the Woodend Clocktower ie the clock dial lights are not working correctly. Can these be rectified immediately? Response – The Chief Executive Officer advised that Council had recently carried out a structural assessment of the Woodend Clocktower and immediate concerns have


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been addressed. Further Council has secured State Government funding to address other aspects of the report. The structural assessment report is not a public document so access would need to be pursued through Freedom of Information. Resumption of Standing Orders 8.30 pm It was moved by Cr Jukes seconded by Cr Bleeck that standing

orders be resumed CARRIED 10. DIRECTOR PLANNING AND ENVIRONMENT REPORTS: Report No: Report Title: PE.1 Application for Planning Permit PLN/2017/296 –

Retrospective use of land for animal keeping (dog breeding – 20 dogs) and associated development of dog runs and kennels – 111 Tweddle Road, Gisborne South

Synopsis: The subject site is located at 111 Tweddle Road, South Gisborne with a land area of 4.09ha. The site contains a dwelling, three (3) sheds, a dam and makeshift/temporary dog keeping facilities. The application is for the retrospective use of the land for animal keeping and for the associated development of new dog kennels. It is proposed to keep up to twenty (20) dogs for commercial dog breeding purposes at any one time. The application was advertised and twenty (20) objections have been received relating mainly to adverse amenity impact of the proposal, particularly noise. After a detailed assessment of the submitted documentation, along with the referral responses and objections received, it is considered that the application should not be supported for the following reasons:

Officers cannot be satisfied that the proposed use and development can be undertaken in a manner which minimises the potential for dog noise emanating from the site. An acoustic report has not been provided to support whether the design of the dog keeping facilities on the property have considered and or have minimised noise impacts.

The proposal is not consistent with Clause 13.04-1 of the planning scheme that relates specifically to noise abatement which includes the objective to “assist the control of noise effects on sensitive land uses.” The strategy under the clause is to “Ensure that development is not prejudiced and community amenity is not reduced by noise emissions, using a range of building design, urban design and land use separation techniques as appropriate to the land use functions and character of the area.”

Criteria under EPA Publication 1254 as it relates to Noise Control Guidelines (which has a specific section related to dog kennels), states that the kennels should be located at least 500 metres from residential areas. In this case there are approximately 15 dwellings within a 500m radius of the kennels.


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The subject site does not meet these setback guidelines, nor is it considered appropriate to reduce the 500m setback in the absence of an acoustic report which provides assurance that the kennels are designed and or, managed to minimise noise escaping from the site.

The application is inconsistent with the objectives to Clause 35.03 - Rural Living Zone which aim to provide for residential uses in a rural environment and ensure that agricultural uses do not adversely affect the amenity of the area. The proposal fails to demonstrate that the proposed use will not unreasonably affect the amenity of nearby residential uses.

The Council’s Health Unit and Local Laws Unit are not in support of the application on the basis that no formal evidence is provided or presented to assure that the use and development of the land is undertaken in a way to minimise noise impacts from the use.

Given the number and nature of objections based on suggested existing noise problems, Council cannot be satisfied that the amenity of the area will not be unreasonably affected.

Officer Recommendation: That a Notice of Refusal be issued for the Retrospective use of land for animal keeping (dog breeding and keeping of up to 20 dogs) and associated development of dog kennels and runs for the land at Lot 7 LP115403 P/Gisborne, 111 Tweddle Road Gisborne South on the following grounds: 1. The application is inconsistent with Clause 13.04-1 of the planning

scheme that relates to noise abatement and the control of noise effects on sensitive land uses.

2. The application is inconsistent with Clause 21.10 which includes the

Objective to maintain the amenity of areas interfacing with commercial uses (in this case dog breeding) as it has not sufficiently demonstrated how the amenity of the surrounding area will not be impacted from noise disturbance.

3. The application is inconsistent with Clause 35.03 - Rural Living Zone which is to provide for residential uses in a rural environment. The proposal fails to demonstrate that the proposed use will not unreasonably affect the amenity of nearby residential uses.

4. The application fails to provide an acoustic report that details how the

proposal will meet the EPA guidelines Noise Control Guideline and Noise from Industry in Regional Victoria (NIRV).

5. The application has not addressed all criteria stipulated by the EPA Noise Control Guideline – Publication 1254 to minimise noise from Dog Kennels such as: a) A setback of at least 500m from the kennels to residential areas; b) Exercise times to end at 5pm; c) A requirement for fully enclosed or acoustically baffled kennels to

be available to house particularly noisy animals at a ratio of 1:15;


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d) Electronic masking noise devices should be provided to reduce audible stimuli to the dogs; and

e) Kennels be constructed to visually screen stimuli such as other dogs, animals, traffic or passers-by.

It was moved by Cr Jukes seconded by Cr Mees that the Officer Recommendation be adopted.

CARRIED Report No: Report Title: PE.2 Application for Planning Permit PLN/2017/480 – Variation of

restrictive covenant – AH558250F by deleting Clause (B) to allow for a dwelling to be constructed on both lots (as per subdivision approval PLN/2015/149) – 143 Aitken Street, Gisborne

Synopsis: The subject site is located approximately 1.3km to the south of the Gisborne Town Centre on the east side of Aitken Street. The site has an area of 2337m² and contains a single storey brick dwelling. A previous permit (PLN/2015/149) allowed the subdivision of the site into two (2) lots as follows:

Lot 1 - has an area of 1046m² and contains the existing dwelling. The lot has a frontage of 28m to Aitken Street and a depth of 37.82m.

Lot 2 - has an area of 1290m² and is vacant. The lot is of ‘battle axe’ design, with a driveway shaft access having a width of 6m and length of 32.82m. The lot has a width of 34m and a depth of 31m.

In regards to the above permit, a Plan of Subdivision has been submitted under the Subdivision Act 1988. This plan is yet to be certified. The current application is to vary the restriction on the Title of the land by deleting Clause (b) to allow for a dwelling to be constructed on each lot as per subdivision approved under Planning Permit PLN/2015/149. Clause (b) reads as follows:

The registered proprietor for the time being of any lot forming part of the land to be burdened shall not: “Construct any more than one residence on a lot without the Vendor’s prior written consent.” Two (2) objections have been received in response to notification of the new proposal. The objections relate to:

Impact on our secluded public open space (POS)

Overlooking

Will set a precedent

Residential character

Density

Impact on streetscape

Battle axe allotment design is inconsistent with other lots in the DP.


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Importantly, a similar application was previously considered by the Council on 25 October 2017 and the Council resolved to refuse that application (Officers recommended Notice of Decision). The applicant has lodged an application for review with VCAT and the matter will be heard on 11 May 2018. The new application is identical to the current application at VCAT, except that it provides an indicative dwelling plan showing the siting and floor plan of a single storey dwelling, in an attempt to address the previous objectors’ concerns. These same two (2) objectors have also objected to this application. On balance it is considered that the variation of the Covenant is appropriate for the following reasons:

The land is affected by a Development Plan Overlay Schedule 4 (DPO4) and there is an approved Development Plan for the land. This Development Plan was amended in August 2015 to allow the two (2) lot subdivision of the land as described above. This created the expectation that each lot would in the future contain a dwelling. The application to amend the Development Plan was advertised to all the adjoining owners as required under the provisions of the DPO4, including to the two (2) objectors to the current application. No objections were received in response to that advertising. Council accordingly proceeded to amend the Development Plan and to issue a planning permit for the subdivision of the land. It is relevant to note that the restriction does not prevent the subdivision of the land. This view was shared by VCAT in another decision within the Shire. The Covenant furthermore allows more than one (1) dwelling with the prior written consent of the vendor.

The Development Plan and intended subdivision of the land was previously advertised to the affected adjoining owners and occupiers, including the objectors, it is considered that any objection to the proposal should have been raised at that stage.

The two submissions received express concerns about the impact of the design of the two (2) lot subdivision. Given that the subdivision was previously approved these submissions are not relevant planning considerations for this application. However, it is noted that the proposed vacant rear lot is proposed to contain a building envelope with generous boundary setbacks and overshadowing and overlooking issues will be considered at the building permit stage.

In light of the above, the application should be supported conditional that upon approval requiring a restriction on title to limit any future dwelling on the rear lot to single storey only and a height not exceeding 5.5m, thus in keeping with the indicative dwelling plan submitted with this application.

Officer Recommendation: That a Notice of Decision to grant a planning permit is issued for Variation to Restrictive Covenant AH558250F on the Title of the land at LOT 4 PS 547194H P/Gisborne, 143 Aitken Street, GISBORNE subject to the conditions below:

Conditions to be included on Planning Permit:


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1. The variation to restrictive covenant allowed by this permit shall be limited to: i) the deletion of clause (b); ii) the insertion of a new clause (e) that reads as follows:

“Any residence on the land shall be restricted to single storey with a maximum height from existing ground level of 5.5 metres.”

2. Application must be made to the Land Titles Office to register the

varied restrictive covenant on the title at no cost to council.

3. This permit will expire if the restrictive covenant is not varied and registered with the Land Titles Office within two (2) years of the date of this permit. 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.

Permit Notes: Future owners of the land must be made aware of the existence

of this permit.

It was moved by Cr Radnedge seconded by Cr Mees That the Council resolve to issue a Notice of Refusal for the Variation of Restrictive Covenant – AH558250F by deleting Clause (b) to allow for a dwelling to be constructed on both lots ( as per subdivision approval PLN/2015/149 ) for the land at LOT 4 PS 547194H P/Gisborne, 143 Aitken Street, Gisborne on the following ground : 1. Council cannot be satisfied that the variation of the covenant will

be unlikely to cause any beneficiary of the covenant or any other person any detriment relating to:

(a) financial loss; or (b) loss of amenity; or (c) loss arising from change to the character of the

neighbourhood; or (d) any other material detriment

CARRIED 8.42 pm Cr Twaits returned to the meeting.

Report No: Report Title: CS.3 47 Victoria Street, Macedon Synopsis:

At the Council Meeting on 28 February 2018 Council resolved to give public notice of, and invite submissions in respect of, its intention to sell 47 Victoria Street, Macedon. A public notice was published in the local newspaper and on Council’s website with a submission closing date of 9 April 2018. Four submissions were


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received including one late submission that was forwarded to Council on 18 April 2018. These were presented to the Council Meeting on 18 April 2018 and one submitter spoke at the meeting in support of their submission. The concerns raised in the submissions are addressed in this report, together with further information to assist Council to consider the submissions and make a decision regarding the proposed sale of 47 Victoria Street, Macedon.


1. That Council proceed to sell the land at 47 Victoria Street, Macedon subject to the following conditions: a. Rezoning of the land to low density residential zone (LDRZ); b. A requirement that the land be consolidated into one lot; and c. Identification of an appropriate building envelope suitable for a

single dwelling only with a ‘no-build’ zone protecting existing trees and providing appropriate set-back requirements.

2. That Council delegate authority to the Chief Executive Officer to:

a. Negotiate the sale, including the production of the appropriate documented agreements to bind the parties to the conditions outlined above; and

b. Sign all appropriate documentation in relation to the sale.

3. That the sale funds, less costs of sale and incidental costs, be allocated to appropriate capital works projects for Macedon.

It was moved by Cr Mees seconded by Cr Radnedge

That Council :

1. Direct officers to conduct an expression of interest process for community groups, consistent with the current public use zoning, to lease 47 Victoria Street, Macedon with such process to be completed in nine months from the date of this meeting. The expression of interest process must include consideration of funding for works required to upgrade the facility for the intended purpose and the ongoing management structure.

2. That a report be presented to Council following the completion of the expression of interest process

3. That officers provide support to all interested community groups

regarding the requirements of the expression of interest process.

CARRIED


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Report No: Report Title: CS.4 Kyneton Primary School Master Plan Synopsis:

The Kyneton Primary School Master Plan process objective is to identify future development options for the former Kyneton Primary School site.

This site is currently owned by the State Government who has declared it surplus to requirements. Council has a first option to purchase if it has a future use for the site which includes community purposes. If so, it can negotiate acquisition of the site before it is offered to other parties. The Council, with financial support from Regional Development Victoria, committed to undertake a master plan with respect to possible future use. The project has included examination of the future potential of the site through data and policy analysis, and consultation. Three options for the site have been formulated, and a formal financial analysis of the options has been undertaken. The process (including two formal stages of consultation) recognised the value of the site to the community at large and acknowledged the efforts of interest groups to gain support for their preferred vision for the site. Following feedback received from the publicly advertised Draft Kyneton Primary School Master Plan, and in conjunction with knowledge of Council existing facilities, plans and strategies, officers are recommending the final document for Council adoption.


That Council:

1) Adopt the Kyneton Primary School Master Plan; 2) Endorse Option 3 for Council to acquire the eastern Lots of the site; 3) Formally respond to all participants advising the outcome of the

master plan process and thank them for their involvement, including the State Government as partner on this project.

4) Place the Kyneton Primary School Master Plan on the Council website for future reference.

5) Provide delegation to officers to begin negotiations with the State Government for the acquisition of the following lots: Lot 2 - Volume 11401 Folio 342 – Crown Allotments 2 Section 5

Township of Kyneton Parish of Lauriston; Lot 3 - Volume 11401 Folio 343 – Crown Allotments 3 Section 5

Township of Kyneton Parish of Lauriston; and Lot 12 and 13 - Volume 11401 Folio 344 – Crown Allotments 12 and

13 Section 5 Township of Kyneton Parish of Lauriston. 6) Direct officers to return to Council to advise of the final acquisition

price and potential funding options, inclusive of any recommended community consultation, for adoption by Council.

It was moved by Cr Pearce seconded by Cr Jukes


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That Council

1. Recognise and thank the community, Council staff and Consultants for their valuable contributions to the Kyneton Primary School ( KPS ) Masterplan process.

2. Note the completion of this process and direct Officers to write to State Government formally advising of this and acknowledging the financial contribution of the State Government.

3. That the CEO brief Council, on a date to be fixed but no later than the end of July2018, on all aspects of the proposed process outlined in the State Government Media Release dated 23 May 2018 regarding the Kyneton Primary School site including;

the Project Plan timelines proposed consultation and resourcing

CARRIED

Report No: Report Title: CW.2 Gardiner Reserve netball court Synopsis:

The Gisborne Football Netball Club has offered to construct, at their expense, an additional netball court at Gardiner Reserve and are keen to start prior to the coming winter period. Junior and senior football netball clubs and leagues desire second netball courts at ovals so as to cater for the demand for training and playing courts.

The court would add to Council’s assets and therefore renewal challenges however at an estimated cost of $150,000 against an overall Council’s asset value of $150,000,000 the impact is extremely minimal. This is especially so given the club has also agreed to be responsible for the maintenance of the court throughout its life. At a time when football/ netball clubs are constantly seeking improved facilities from Council it is recommended that Council commend the club for its offer and support the development of the court subject to advice from the Department of Environment, Land, Water and Planning. Officer Recommendation:

That Council:

1. Subject to further advice from the Department of Environment, Land, Water and Planning, accept and thank the Gisborne Football Netball Club for their offer to construct a netball court at Gardiner Reserve.

2. Note that the design and construction of the netball court by the

Gisborne Football Netball Club will be supervised by Council


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officers to ensure required building and safety standards are met and relevant approvals obtained.

It was moved by Cr Radnedge seconded by Cr Mees that the Officer Recommendation be adopted with the additional of a point 3 to read;

3. That Council within current resources, council works with environmental groups, sporting groups and relevant authorities, to enable the improvement of both passive and sporting recreation areas along Jacksons Creek and surrounds to ensure positive environmental, and health and well-being outcomes.

CARRIED

11. CHIEF EXECUTIVE OFFICER’S REPORTS: Report No: Report Title: CX.1 Report of the Section 223 Committee meeting held on

Wednesday 18 April 2018 Synopsis:

The Section 223 Committee is a Special Committee pursuant to Section 86 of the Local Government Act 1989. This Committee has delegated authority from Council to consider submissions pursuant to Section 223 of the Local Government Act 1989 and to make recommendations to Council.


That the Committee Recommendations from the Section 223 Committee held on Wednesday, 18 April 2018 be adopted by Council.

It was moved by Cr Jukes seconded by Cr Bleeck that the Officer Recommendation be adopted.

CARRIED Report No: Report Title: CX.2 Quarterly Report for the period ended 31 March 2018 Synopsis:

The Quarterly Report for the period ended 31 March 2018 is presented for Council’s consideration and information. A review of the Quarterly Report structure is currently underway which is including discussions at the Audit Committee meeting, progressive refinements to the key components and the introduction of new reporting regimes. The March quarter report includes three additional reporting areas, these being: - Risk Management Report; - Implementation of Council Resolutions; and - Councillor Activities in the Community.


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It is expected that this review will be finalised in the next month and that the reporting on the final quarter of the 2017–2018 financial year will reflect further refinements to the reporting regime. This report includes the following:

Section 1 – Financial Statements Section 2 – Capital Works Progress Report Section 3 – Council Plan Actions – Progress Report Section 4 – Risk Management Report Section 5 – Implementation of Council Resolutions Section 6 - Customer Service Standards – Responsiveness Section 7 – Councillor Expenditure Section 8 – Councillor Activities in the Community


That Council note the Quarterly Report for the period ended 31 March 2018.

It was moved by Cr Twaits seconded by Cr Mees that the Officer Recommendation be adopted.

CARRIED Report No: Report Title:

CX.3 Hanging Rock Strategic Advisory Committee – Report to

Council from meeting on 30 April 2018

Synopsis:

The Hanging Rock Strategic Advisory Committee (HRSAC) is an Advisory Committee of Macedon Ranges Shire Council. It was established by resolution of Council on 27 July 2016 to provide advice to Council in its capacity as the Committee of Management of the Hanging Rock Reserve, a State Government asset under the Crown Lands (Reserves) Act 1978. The charter and membership of the HRSAC was confirmed by resolution of Council on 23 November 2016. The minutes of all HRSAC meetings incorporating any recommendations to Council from the HRSAC will be formally presented to the next available Ordinary Council Meeting. Any such recommendations shall be presented to Council with a Council Management comment.


That the agreed minutes of the Hanging Rock Strategic Advisory Committee meeting of 30 April 2018 be received.

It was moved by Cr Mees seconded by Cr Bleeck that the Officer Recommendation be adopted.

CARRIED Report No: Report Title:

CX.4 Small Community Grant Scheme – Consideration of grant application


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Synopsis:

Council at its March 2013 Ordinary Council Meeting endorsed the guidelines which govern the Small Community Grant Scheme. Not-for-profit community groups can apply for small financial donations via this scheme. Applications are evaluated and presented to Council as they are received. The grants are offered to assist projects/initiatives that are unlikely to be funded through existing funding schemes. Applications can be made at any time of year1 and generally are processed within 3–4 weeks.

Officer Recommendation: That Council endorse the following application for funding:

a. Save the Children—contribution towards local Youth Ambassador: $500

It was moved by Cr Bleeck seconded by Cr West that the Officer Recommendation be adopted.

CARRIED

Report No: Report Title: CX.5 Proposed locality boundary amendment – Drummond North Synopsis:

Council is the naming authority under the Naming Rules for Places in Victoria—Statutory Requirements for Naming Roads, Features and Localities 2016 (the naming rules). The naming rules are provided for under s. 5 of the Geographic Place Names Act 1998 (the Act). Compliance with the naming rules is mandatory for all local governments in accordance with s.23 of the Act

The naming rules are an instructional guide to naming, renaming, and adjusting boundaries of features, localities, and roads in Victoria. Council is not responsible for naming geographic places of regional, state or national significance. Appropriate naming is essential to identify locations for managing emergencies and delivering goods and services in Victoria. Naming authorities are responsible for coordinating a naming process and submitting naming proposals that comply with the naming rules to the Registrar of Geographic Names for gazettal and registration. Council has received a request to change a property address from 251 Portwines Road, Drummond North to 251 Portwines Road, Lauriston. Drummond North and Lauriston are two separate localities. Currently, the property is located in the locality of Drummond North and is the only property in this locality in the Macedon Ranges municipality. The property is surrounded by Malmsbury Reservoir and or its tributary Kangaroo Creek to the north, east and west and abuts the boundary of the locality of Lauriston to the south.

https://www.propertyandlandtitles.vic.gov.au/naming-places-features-and-roads/naming-rules-for-places-in-victoria

https://www.propertyandlandtitles.vic.gov.au/naming-places-features-and-roads/naming-rules-for-places-in-victoria


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The property owner is requesting that the locality of Lauriston be amended to include 251 Portwines Road to avoid:

risk to public and operational safety for emergency response;

confusion for transport, communication and mail services.

This report outlines the:

reasons/rationale for the proposal

compliance with the naming rules. Officer Recommendation:

That Council: 1. Endorse the amended locality boundary of Lauriston to include the

property 251 Portwines Road; and 2. Refer to the Registrar of Geographic Names (the Registrar) for official

registration and/or gazettal.


CARRIED 12. DIRECTOR CORPORATE SERVICES REPORTS: Report No: Report Title: CS.1 Contracts to be awarded as at 23 May 2018

Synopsis:

The following report indicates whether or not delegated authority to award the contract exists. It also presents Council with the opportunity to (a) specifically grant delegated authority to the Chief Executive Officer and/or (b) specifically review delegated authority in any instance where Council deems it appropriate. Officer Recommendation: That Council notes that the following contracts will be awarded by Council officers under delegated authority: C18.947 Kyneton Town Hall Electrical, Mechanical and

Communications

That Council grant delegated authority to the Chief Executive Officer to award contract: A18.951 Weed Control and Bushland Reserve Services

It was moved by Cr Jukes seconded by Cr Bleeck that the Officer Recommendation be adopted.

CARRIED


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Report No: Report Title: CS.2 Procurement Policy 2018 Synopsis:

Council adopted its most recent version of the Policy in May 2017, during the 2016/17 financial year. Consistent with the requirements of the Local Government Act an annual review of the policy has been conducted and a number of minor changes are suggested for consideration and adoption. Officer Recommendation: That Council adopts the Procurement Policy 2018.

It was moved by Cr Mees seconded by Cr Radnedge that the Officer Recommendation be adopted.

CARRIED Report No: Report Title: CS.5 Report from the Audit Committee meeting held on 16 May 2018

Synopsis: An Audit Committee meeting was held on 16 May 2018 and the Minutes from that meeting have been distributed to all Councillors. The Committee discussed:

the status of the Internal Audit Plan for 2017/18 and Strategic Internal Audit Plan for the next three years;

the Auditor General’s Audit Strategy for 2017/18;

the Risk Management Framework;

the draft 2018/19 Budget and Strategic Resource Plan; and

Council’s Procurement Policy.

Officer Recommendation: That Council note the report together with the draft minutes from the Audit Committee meeting held on 16 May 2018.

It was moved by Cr Jukes seconded by Cr Gayfer that the Officer Recommendation be adopted.

CARRIED


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13. DIRECTOR COMMUNITY WELLBEING REPORTS: Report No: Report Title: CW.1 State Government World Game Facilities Fund Synopsis:

The State Government’s 2018-19 World Game Facilities Fund is a new funding program that provides grants to assist councils, local soccer clubs and organisations to upgrade existing, or develop new, soccer facilities. Four potential projects have been assessed against the funding criteria and budget requirements. Three of the assessed projects require additional planning work to be undertaken, making them unsuitable to be recommended for a funding application at this time. One project, being the redevelopment of change rooms at Dixon Field, Gisborne has been recommended to be submitted for funding via the World Game Facilities Fund.


That: 1. Council submit a funding application for a grant of $220,000 to the

World Game Facilities Fund to redevelop the existing change rooms at Dixon Field Gisborne to meet female friendly and junior requirements.

2. Should the State Government grant application for the redevelopment of change rooms at Dixon Field Gisborne be successful, refer the required Council contribution of $80,000 to the 2019/20 Budget process (or earlier budget considerations should the opportunity arise).


CARRIED Report No: Report Title: CW.3 Refugee Welcome Zone and SHEV participation Synopsis:

This report proposes that the Macedon Ranges Shire becomes a Refugee Welcome Zone and that Council assess the merits of participating in the Safe Haven Enterprise Visa (SHEV) program as requested by the Macedon Ranges Rural Australians for Refugees community group.

The Chief Executive Officer introduced the report and advised Council of a number of minor changes to the Officer Recommendation. The Officer Recommendation below has been amended accordingly.


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Officer Recommendation: That Council:

1) Make a public commitment to welcoming refugees into the community,

upholding their human rights, demonstrating compassion and embracing cultural and religious diversity in the community by declaring Macedon Ranges Shire a Refugee Welcome Zone.

2) Work proactively to clarify the requirements, expectations and implications of participating in the Safe Haven Enterprise Visa (SHEV) program and what postcodes may be appropriate for Council to nominate for the visa.

3) Consider SHEV participation recommendations developed through the process outlined in point 2 at a future 2018 Ordinary Council Meeting for a decision.

4) Seek opportunities and funding to raise community awareness about refugees and to provide cultural competency training for Council staff and external service providers engaging with refugees.

It was moved by Cr Pearce seconded by Cr Gayfer that the Officer Recommendation as amended be adopted.

CARRIED

9.27 pm The Mayor left the meeting on the basis that she was a member of the Roads Committee which determined one of the matters being dealt with in the following item.

It was moved by Cr Jukes seconded by Cr Radnedge that Cr Pearce be nominated to assume the chair in the Mayors absence.

CARRIED Cr Pearce assumed the Chair 14. DIRECTOR ASSETS AND OPERATIONS REPORTS: Report No: Report Title: AO.1 Consideration of requests for inclusion of roads onto the

Public Road Register Synopsis:

This report is to consider requests received for possible inclusion of roads onto the public road register in accordance with Section 39 of the Road Management Act (the Act) and Council’s Road Management Plan. All requests are considered in accordance with Council’s Public Road Procedure.


That Council: 1. Determine that the inclusion of the laneway located off Lauriston

Road, Kyneton is not reasonably required for primary public access of adjoining properties and will therefore not be included on Council’s public road register;


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2. Approve the inclusion on Council’s public road register of Argyle Lane, Kyneton as it meets current construction standards and is reasonably required for primary public access of adjoining properties; and

3. Determine that all requesters be advised of Council’s decision.

It was moved by Cr West seconded by Cr Mees that the Officer Recommendation be adopted.

CARRIED 9.30 pm The Mayor returned to the meeting and assumed the Chair Report No: Report Title:

AO.2 Discontinuance and sale of an unmade Government road between Bruce Street and Elliot Street, Macedon Synopsis To consider submissions in accordance with Section 223 of the Local Government Act (the Act) and to recommend that the unmade Government road between Bruce Street and Elliott Street, Macedon is discontinued and sold in accordance with Section 189 of the Act and Councils Road Discontinuance Policy.


That Council in accordance with the relevant acts and policies:

1. Discontinue part of the unmade Government road between Bruce

Street and Elliot Street, Macedon; 2. Sell the former government road land to the abutting land owners;

and 3. Authorise the Chief Executive Officer to negotiate the sale of land. It was moved by Cr Mees seconded by Cr Radnedge that the Officer Recommendation be adopted.

CARRIED Report No: Report Title: AO.3 Kerbside collection services – Interim arrangements Synopsis:

This report evaluates Councils current position with kerbside collection service.

Authority to approve interim arrangements for the kerbside collection can be determined by Council under Section 186 (5) (a) of the Local Government Act. As this report relates to contractual matters and matters of a business, commercial or financial nature of tenderers, a confidential report is included in the confidential section of this agenda.


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Officer Recommendation: That as this report concerns matters which Council considers would prejudice the Council or any person, then pursuant to Section 89(2) (d) & (h) of the Local Government Act 1989, it be considered by Council together with any other confidential matters at the conclusion of that part of this meeting open to the public.


CARRIED 15. NOTICES OF MOTION

Nil 16. URGENT AND OTHER BUSINESS Nil 17. CONFIDENTIAL REPORTS 17.1 Kerbside collection services – Interim arrangements CLOSURE OF MEETING 9.38 pm It was moved by Cr Jukes seconded by Cr Pearce that the meeting

be closed pursuant to Section 89(2)(d) of the Local Government Act 1989 to consider;

17.1 Kerbside collection services – Interim arrangements

CARRIED 9.44 pm It was moved by Cr Anderson seconded by Cr Jukes that the

adopted motion in respect to Item AO.3 Kerbside Collection Service – Interim Arrangements be recorded in the open meeting viz

17.1 Officer Recommendation:

That Council: 1. Confirm and approve the actions taken by Council officers to secure

kerbside collection services by using Four Season Waste Pty Ltd from 7 May 2018 to 31 May 2018 under emergency circumstances pursuant to Section 186 (5)(a) of the Local Government Act;

2. Appoint Four Seasons Waste Pty Ltd as an interim arrangement from 1 June 2018 to 30 September 2018 to provide kerbside collection services under the same terms and conditions as those approved by Council at the 18 April 2018 Council Meeting; and

3. Authorise the Chief Executive Officer to pursue damages and costs

against Wheelie Waste in accordance with the current contract conditions.


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It was moved by Cr Anderson seconded by Cr Jukes that the Officer Recommendation be adopted.

CARRIED Closure of Meeting The meeting closed at 9.45 pm

Councillor Jennifer Anderson Mayor

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