COUNCIL MEETING TUESDAY, 16 FEBRUARY 2016 Minutes of meeting held in the Council Chamber, 33 Highett Street, Mansfield Commencing at 5.00pm Our Aim To work with our community to continue to build a Shire that is recognised for its balanced economic, social, and environmental development that, in turn, acknowledges the diverse needs and values of our communities. Councillors: Tolmie Ward: Cr Paul Sladdin (Mayor) Bonnie Doon Ward: Cr Marg Attley (Deputy Mayor) Jamieson Ward: Cr Russell Bate Mansfield Ward: Cr Ellen Hogan Mansfield Ward: Cr Ray Robinson Officers: Chief Executive Officer: Alex Green Development Services Manager: Michael Bismire Tourism & Economic Development Manager: Ian Geer Community Services Manager: Louise Knol Finance & Information Services Manager: Cheryl Nickels-Beattie Human Resources Manager: Sharon Scott Engineering & Works Manager: Amer Tawfik H H H i i i g g g h h h C C C o o o u u u n n n t t t r r r y y y , , , L L L a a a k k k e e e s s s a a a n n n d d d R R R i i i v v v e e e r r r s s s
Transcript
COUNCIL MEETING
TUESDAY, 16 FEBRUARY 2016
Minutes of meeting
held in the Council Chamber, 33 Highett Street, Mansfield
Commencing at 5.00pm
Our Aim
To work with our community to continue to build a Shire that is recognised for its balanced
economic, social, and environmental development that, in turn, acknowledges the diverse
needs and values of our communities.
Councillors: Tolmie Ward: Cr Paul Sladdin (Mayor) Bonnie Doon Ward: Cr Marg Attley (Deputy Mayor) Jamieson Ward: Cr Russell Bate Mansfield Ward: Cr Ellen Hogan Mansfield Ward: Cr Ray Robinson Officers: Chief Executive Officer: Alex Green Development Services Manager: Michael Bismire Tourism & Economic Development Manager: Ian Geer Community Services Manager: Louise Knol Finance & Information Services Manager: Cheryl Nickels-Beattie Human Resources Manager: Sharon Scott Engineering & Works Manager: Amer Tawfik
HH H
ii i gg ghh h
CC C oo ouu u nn n
tt t rr ryy y ,, ,
LL Laa a kk k
ee e ss s aa a
nn n dd d RR R
ii i vv vee e rr r
ss s
Mansfield Shire Council encourages its residents & ratepayers to participate in the local government of Mansfield. Accordingly, these notes have been developed to help residents and ratepayers better understand Council meetings. All meetings are conducted in accordance with Council’s Local Legislation on Governance.
MANSFIELD SHIRE COUNCIL Order of Business
1. OPENING OF THE MEETING The Mayor, who chairs the meeting, will formally open the meeting and welcome all present. 2. STATEMENT OF COMMITMENT The Council affirms its commitment to carry out its duties in the best interests of the community and
that its conduct shall maintain the standards of the Code of Good Governance by the following statement:
We, the Councillors of Mansfield Shire / declare that we will undertake on every occasion / to carry out our duties in the best interests of the community / and that our conduct shall maintain the standards of the Code of Good Governance / so that we may faithfully represent / and uphold the trust placed in the Council by the people of Mansfield Shire.
3. ACKNOWLEDGEMENT OF COUNTRY The Council affirms its recognition of the Indigenous people being custodians of this area by the
following statement: Mansfield Shire Council recognises that indigenous people have been custodians of this area for generations. We acknowledge the living culture and unique role of Taungurung people in our region.
4. APOLOGIES Where a Councillor is not present, his/her absence is noted in the Minutes of the meeting. 5. CONFIRMATION OF MINUTES The minutes of the previous meeting are placed before Council to confirm the accuracy and
completeness of the record. 6. DISCLOSURE OF CONFLICT OF INTERESTS
In accordance with the Local Government Act 1989, a Councillor must declare any Conflict of Interest or Personal Interests pursuant to Sections 77A, 77B, 78, 79 and 79B of the Act in any items on this Agenda. (Note that Section 79(2)(a)(i) of the Act requires Councillors to disclose the nature of a Conflict of Interest or a Personal Interest immediately before the relevant consideration or discussion). Section 79B also requires that the Councillor declaring a Personal Interest must seek consent from Council to be exempt from voting on the item. Council officers or contractors who have provided advice in relation to any items listed on this Agenda must declare a Conflict of Interest or Personal Interest regarding the specific item.
7. PRESENTATIONS Council receives or presents acknowledgements to the general public. Council may also receive
petitions from residents & ratepayers on various issues. Any petitions received since the previous Council meeting are tabled at the meeting and the matter referred to the appropriate Council officer for consideration.
8. NOTICES OF MOTION A Motion is a request (Notice of Motion) that may be made by a Councillor for an issue not listed on
the Agenda to be discussed at a Council meeting and for a decision to be made. 9. MAYOR’S REPORT The Mayor provides a report on his/her activities.
Mansfield Shire Council – Ordinary Meeting of Council: 16 February 2016
Mansfield Shire Council encourages its residents & ratepayers to participate in the local government of Mansfield. Accordingly, these notes have been developed to help residents and ratepayers better understand Council meetings. All meetings are conducted in accordance with Council’s Community Local Law (Meeting Procedures).
10. OFFICER REPORTS Detailed reports prepared by officers from all Departments will be considered by the Council. A
Council position is adopted on the matters considered. In addition, operational reports by Department will also be presented to the Council for their information, as follows:
· Community Services · Engineering and Works · Executive Services · Finance and Information Services · Tourism and Economic Development
11. ASSEMBLIES OF COUNCILLORS In accordance with section 80A of the Local Government Act 1989, Council must keep a written record
of all assemblies of Councillors. An Assembly of Councillors is defined as a planned or scheduled meeting, comprising at least three Councillors and one member of Council staff, that consider matters that are intended or likely to be. All such meetings are recorded.
12. ADVISORY AND SPECIAL COMMITTEE REPORTS Council considers reports from Advisory Committees that Councillors represent Council on. 13. AUTHORISATION OF SEALING OF DOCUMENTS Any documents that are required to be endorsed by the Chief Executive Officer under delegated
authority and sealed by the Council are presented to the Council. 14. PUBLIC QUESTION TIME This is an opportunity (usually 30 minutes), for members of the Gallery to raise questions with
Councillors. Question Time generally takes place at around 6.30pm. 15. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC Whilst all Council meetings are open to members of the public, Council has the power under the Local
Government Act to close its meeting to the general public in certain circumstances which are noted where appropriate on the Council Agenda. Where this occurs, members of the public leave the Council Chamber while the matter is being discussed.
16. CLOSE OF MEETING The Mayor will formally close the meeting and thank all present for attending.
Mansfield Shire Council – Ordinary Meeting of Council: 16 February 2016
Mansfield Shire Council encourages its residents & ratepayers to participate in the local government of Mansfield. Accordingly, these notes have been developed to help residents and ratepayers better understand Council meetings. All meetings are conducted in accordance with Council’s Community Local Law (Meeting Procedures).
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1.
MANSFIELD SHIRE COUNCIL Ordinary Meeting of Council MANSFIELD SHIRE
10.7 Mansfield Shire Council Plan 2013-2017 Quarterly Report: October - December 2015 Quarter ................................................................................................................. 69
1. OPENING OF THE MEETING The Mayor, Cr Sladdin, opened the meeting at 5.00pm.
Councillors: Marg Attley Tolmie Ward Russell Bate Jamieson Ward Ellen Hogan Mansfield Ward Ray Robinson Mansfield Ward Paul Sladdin Bonnie Doon Ward Chief Executive Officer: Alex Green Tourism & Eco Development Manager: Ian Geer Finance & Info Services Manager: Cheryl Nickels-Beattie Environment Officer (part meeting): Damien Gerrans
2. STATEMENT OF COMMITMENT
The Councillors affirmed the following Statement of Commitment: “We the Councillors of Mansfield Shire / declare that we will undertake on every occasion / to carry out our duties in the best interests of the community / and that our conduct shall maintain the standards of the Code of Good Governance / so that we may faithfully represent / and uphold the trust placed in this Council by the people of Mansfield Shire.”
3. ACKNOWLEDGEMENT OF COUNTRY
Cr Paul Sladdin affirmed the “Acknowledgement of Country” for the Mansfield Shire Council: “Mansfield Shire Council recognises that indigenous people have been custodians of this area for generations. We acknowledge the living culture and unique role of Taungurung people in our region.”
4. APOLOGIES
Nil.
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Mansfield Shire Council – Ordinary Meeting of Council: 16 February 2016
4.
5. CONFIRMATION OF MINUTES
Councillors Attley/Robinson: That the Minutes of the Mansfield Shire Council meeting held on Tuesday, 19 January 2016 be confirmed as an accurate record.
Carried 6. DISCLOSURE OF CONFLICT OF INTERESTS
Cr Russell Bate declared a conflict of interest in relation to item 12.2 – Applications to National Stronger Regions Fund.
7. REPRESENTATIONS FROM THE PUBLIC
7.1 External Presentations
Environment Officer, Damien Gerrans, introduced Goulburn Broken Greenhouse Alliance Executive Officer, Tom Brown, who presented to Council the Victorian Premier’s Ancillary Sustainability Award in recognition of Council’s involvement in the ‘Watts Working Better’ streetlight upgrade initiative. The initiative saw 335 old street lights in Mansfield Shire replaced with new energy efficient options, resulting in significant savings in electricity and maintenance costs. 5.15pm - Environment Officer departed the meeting.
7.2 Deputations Nil. 8. NOTICES OF MOTION Nil. 9. MAYOR’S REPORT The Mayor, Councillor Paul Sladdin, presented the monthly Mayor’s report, for
the period 26 January to 16 February, to the Council.
26 January Australia Day Ceremonies, Mansfield and Tolmie 27 January Erril Street Rejuvenation Activation Project meeting 29 January Meeting with ratepayer re Amendment 37 2 February ü Weekly catch up with Mansfield Shire Chief Executive Officer ü Councillors’ Briefing 3 February Community Information and Consultation Budget Session, Merrijig
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Mansfield Shire Council – Ordinary Meeting of Council: 16 February 2016
5.
9. MAYOR’S REPORT CONT. 9 February ü Weekly catch up with Mansfield Shire Chief Executive Officer ü Chief Executive Officer’s performance appraisal ü Meeting with Mansfield Basketball association
February 10 Café Connect Youth Café opening February 13 Tolmie Sports Day February 16 ü Weekly catch up with Mansfield Shire Chief Executive Officer ü Councillors’ Briefing ü Ordinary Council meeting
Councillors Bate/Attley: That the Mayor’s report be received.
File Number: E103 Responsible Officer: Chief Executive Officer, Alex Green
Disclosure of Conflicts of Interest
The Chief Executive Officer presented the monthly Departmental reports to the Council, as follows:
· Community Services · Development Services · Engineering and Works · Executive Services · Finance and Information Services · Tourism and Economic Development
Councillors Bate/Robinson: That the monthly Department reports be received.
Carried
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Mansfield Shire Council – Ordinary Meeting of Council: 16 February 2016
6.
ATTACHMENT 10.1
DEPARTMENTAL REPORTS
(17 PAGES)
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Mansfield Shire Council – Ordinary Meeting of Council: Community Services Departmental Report
Community Services Department - Page 1 of 4
COMMUNITY SERVICES DEPARTMENTAL REPORT February 2016
EMERGENCY MANAGEMENT RELIEF AND
RECOVERY January proved to be a quiet month with welcome rain over the final week. During the month a Heat Health Warning was communicated via social and print media and Council’s website. Council operations through the Aged and Disability and Maternal and Child Health team ensured that vulnerable community members were prepared. Work continues in improving Council’s Emergency readiness through reviewing and updating plans and accompanying protocols and documents. The Mansfield Community Centre is being prepared for activation as an Emergency Relief Centre if required. Works include installing a generator point at the Centre to ensure that it will remain operational as an Emergency Relief Centre during power failures in an Emergency event.
COMMUNITY DEVELOPMENT Stronger Communities Program An Expression of Interest (EOI) for funding has been submitted to the Federal Government’s Stronger Communities Program to renovate the Jamieson Memorial Hall Works include a new kitchen, painting and landscaping. Expressions of Interest for funding in 2016-2017 (Round 2) were due to the office of Cathy McGowan MP on 20 January 2016. Following the EOI process Cathy McGowan’s office will invite full applications from mid-February 2016. Regional Arts Victoria Funding Opportunity Regional Arts Victoria is offering 6 Victorian communities the opportunity of a $350,000 grant from the Small Towns Transformation Program. Small Town Transformations supports transformative artistic projects that are connected to community and place, for and by small Victorian towns with fewer than 2,000 people.
Council’s Community Development Team partnered with the Arts Council of Mansfield to hold a workshop on the 12 January 2016 where community members could discuss their projects in more detail, including partnership opportunities with Council and the Arts Council of Mansfield. Jamieson, Maindample and the Bonnie Doon all expressed interest in preparing an application for this grant. The Jamieson community have made significant progress on their application for the installation of a bridge (which in itself will be a piece of art) to connect the township to the Island Reserve. The Community Development Team will continue to support this group in preparing this application as well as any other community wishing to prepare an application Merton Memorial Hall Project In November 2015 Council entered into a contract with Commercial Builders Harper & Morphet to undertake the majority of the Merton Hall Renovation project works. These works commenced on 18 January 2016 and will be completed by 28 April 2016. This project was funded via Regional Development Victoria’s Putting Locals First Program. Erril Street Rejuvenation Activation Project In 2015 Mansfield Shire Council was successful in attracting $203,805 funding from the Victorian Government’s Public Safety Infrastructure Fund for a project to rejuvenate and activate Erril Street. This project aims to deter anti-social and criminal behaviour by implementing a combination of best practice safer design features to improve natural surveillance; pedestrian connectivity; community participation and social, recreation and commercial interactions in the area. Specifically, this project includes improved footpaths, lighting, public art installations, landscaping and recreational infrastructure.
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Mansfield Shire Council – Ordinary Meeting of Council: Community Services Departmental Report
Community Services Department - Page 2 of 4
To oversee the development and roll out of this project, Council formed a Project Working Group. The working group consists of representatives from Council, youth drawn from Café Connect, Mansfield Bowls Club, Mansfield Senior Citizens, MACE, the Men’s Shed and Mansfield Police. The group met for the first time in January 2016. At this meeting the project evaluation framework was discussed. This was the first milestone due to the funding body in January 2016. Bonnie Doon Community Centre Extension The Community Development Team is working with the Bonnie Doon Community Centre to help them to develop a project to extend the Community Centre. This project includes a new kitchen that is of commercial standard as well as increase office and storage space. Once the project scope has been finalised the Bonnie Doon Community Centre aim to apply to Regional Development Victoria for funding. Rural Access Directions Report Rural Access is funded by the Department of Health and Human Services. As part of the funding requirements an annual directions report outlining the next 12 months priorities was submitted in January 2016. The 2016 priorities for this Program include: supporting business to become more accessible, supporting the community to prepare for the introduction of NDIS and supporting the development of inclusive education and employment opportunities. Mansfield Sports Stadium During the Christmas and New Year period, whilst the majority of groups using the stadium had a break, the stadium floor was re-coated. Other recent works at the stadium have included the installation of a drinking fountain and additional power points. Mansfield and Bonnie Doon Netball Courts Council has engaged 2MH (the official advisor to Netball Victoria) to project manage the surfacing works at the Bonnie Doon and Mansfield Netball Courts. Quotations are currently being assessed in accordance with the approved scope of works.
Bonnie Doon Recreation Reserve and the Bonnie Doon Football and Netball Club are entering into an agreement with Council regarding the works for the Bonnie Doon facility. Mansfield Swimming Pool Mansfield Swimming Pool has increased visitation numbers in comparison to 2014-2015 with over 1,100 more patrons and 30 more season passes this season when compared to last. The heating system continues to fail and there have been occasions that the heating has been turned off altogether. Council applied to Sport and Recreation Victoria for funding to replace the heating system, but this application was not unsuccessful.
FAMILY YOUTH AND CHILDREN’S SERVICES Staffing Update Mrs Michele Padbury has been appointed to the role of Team Leader Family, Youth and Children’s Services for 3 days per week. Michele will also continue in the Financial Counselling role 2 days per week. Ms Michelle Wood has moved to the new role of Senior Counsellor/Mentor, which will make a positive impact on the waiting list that the Program has been managing for 12 months. Integrated Family Services January 2016 has seen substantive changes in the Integrated Family Services team structure and funding. The Department of Health and Human Services has provided increased recurrent funding which has enabled the service to provide an additional counsellor to meet the local demand. The increased funding will see the Family Counsellors offering 140 hours of case work to clients each month. 33 families engaged with the service in January. Financial Counselling The Program has met the standards for ongoing membership of peak body Financial and Consumer Rights Council. The standards include ongoing professional development and training to ensure the worker’s industry knowledge is up to date.
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Mansfield Shire Council – Ordinary Meeting of Council: Community Services Departmental Report
Community Services Department - Page 3 of 4
Mansfield and District Welfare Group are funded by the Commonwealth’s Department of Social Services (DSS) to provide Emergency Relief in the Mansfield Local Government Area. This is provided primarily through the Financial Counselling Program. Youth Services Much of January was taken up with moving Café Connect from their temporary premises at the old Maternal and Child Health Building to the refurbished, larger premises in Erril St (Old Cubby Child Care Centre). Staff received good support from several young people who assisted with the move. Whilst still settling in, the Café is now operational, and had more than 40 young people through the Café in the first few days. Promotion of the new venue will now commence through interaction with the Mansfield Secondary College and community stakeholders and partners. The official opening of Café Connect will take place on 10 February 2016 followed by a more informal “soft” opening for the youth on 12 February 2016. Work has started on the 2016 FReeZA Program, with recruitment a new youth FreeZA team commenced, followed by planning the calendar of events and creating work plans. As Café Connect Assistant Shannon Stephens stepped down as Mansfield Shire’s 2015 Young Citizen, we congratulate Liam Wilson as the 2016 Young Citizen. Both Liam and Shannon continue to make substantial contributions to the Café Connect and FreeZa teams. As part of the move to the new premises in Erril St, Café Connect staff attended an Erril Street Development working party meeting. Being part of this process will help embed the Café into its new environment and contribute to the improvement of the area. Maternal and Child Health During December and January 9 birth notifications were received. The service completed 30 Key Age and Stages developmental assessments. To ensure continuity of care, the service engages in weekly
conversations/collaborative partnerships with midwives at Mansfield District Hospital. Promotion of the service has commenced with a meeting with staff at Mansfield Kindergarten.
AGED AND DISABILITY SERVICES Volunteer Co-ordination The Delivered Meals Program provided 349 meals to 28 clients during January 2016. Volunteering from July 2015 to January 2016:
Guidelines for the Volunteer Transport Program were finalised in December 2015, providing clear parameters for the Program, as well as introducing a fee structure for clients that more accurately reflects the cost of the Program. After nearly 8 years in the role of Volunteer Co-ordinator, Mrs Michele Padbury has resigned from the role to take up the position of Team Leader Family Youth and Children’s Services. Planned Activities During the month of January Planned Activity Groups conducted 8 sessions with a total of 261 hours service. The clients were happy to return after a short break during the Christmas New Year period. HACC Statistics Snapshot A brief summary of HACC Services from 1 July 2015 to 31 December 2015:
• 2,639 Hours of Domestic Assistance for 192 clients
• 1,727 Hours of Personal Care for 70 clients
• 698 Hours of Respite Care for 24 clients • 2,641 Delivered Meals for 53 clients • 53 Clients provided with Home
Maintenance and Modification services • 4,015 Hours of Planned Activities for 60
clients • 125 Hours of Volunteer Social Support
for 14 clients
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Mansfield Shire Council – Ordinary Meeting of Council: Community Services Departmental Report
Community Services Department - Page 4 of 4
MANSFIELD LIBRARY The Mad Hatter’s Tea Party celebrated 150 years of Alice in Wonderland with a tea party for 18 children. School holiday activities included a Teddy Bear’s Picnic in the Park with 46 children and parents attending, and the Summer Reading Club with over 30 children attending. The Christmas Tree for Remembrance, a partnership with the Palliative Care Service and Community Health, provided the opportunity for people to place a card on the tree for loved ones who had passed on. The Food for Fines Program enabled 14 boxes of food to be provided to St Vincent de Paul in Mansfield. Regular programs including those outlined below continue: • Story time for pre-schoolers • Third Friday Book Chat • Lego Club • Ripper Readers (Children’s Book Club) • Chess Club • Books on Wheels • Regular meetings of the Walking Group,
Mansfield Family History Group and Mansfield Writer’s Group are held at the Library
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Mansfield Shire Council – Ordinary Meeting of Council: Development Services Departmental Report
Development Services Department - Page 1 of 5
DEVELOPMENT SERVICES DEPARTMENTAL REPORT FEBRUARY 2016
Roadside Weed Program Council will receive $21,458 from the State Government’s Roadside Weed and Pest Program to target blackberries, gorse and other priority weeds on council managed roadsides. To leverage the best outcome from this funding Council is again partnering with Up2Us Landcare Alliance. The Landcare Alliance will work with landholders along the priority roadways to ensure that weeds are managed on both sides of the boundary fence. Expressions of interest from contractors to the conduct the works will be advertised in local media in early February 2016. Implement Great Victorian Rail Trail Management Initiatives A grazing permit application has been assessed and approved for the section of Rail Trail between Adams Lane and Midland Link, Maindample. Environment Officer, Damien Gerrans, and Parks and Gardens Supervisor, Greg Edwards, inspected the location prior to the issuing of the permit. The permit was issued for the grazing of sheep with conditions consistent to that of roadside grazing permit; however the permit was issued only for a period of three months. As this is the first grazing permit issued, the three month period will serve a trial for future applications.
Environment Advisory Committee The Environment Advisory Committee met on 4 February 2016. A presentation was provided to the Committee from the CEO and Finance and Information Services Manager on the Council budget process and the impacts of rate capping. The presentation was well received by the Committee and has committed to submit a budget submission. Recent Media Reporting Two press releases have been published by the Mansfield Courier over January. The first article discussed the need for a permit for activities affecting native vegetation on roadsides. The second article was about a Mansfield resident fined for removing native vegetation without a planning permit. Both articles have resulted in an increase in number of public enquiries regarding planning permits for native vegetation removal.
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Mansfield Shire Council – Ordinary Meeting of Council: Development Services Departmental Report
Development Services Department - Page 2 of 5
DEVELOPMENT SERVICES STATISTICS – JANUARY 2016 PLANNING
Planning Applications Lodged for the Month
Type of Application Lodged
New Dwellings 7
Outbuildings 3
Amendment to Planning Permit 4
Native Vegetation Removal 2
Use of land for trade supplies 1
Intensive animal husbandry 1
Development of 6 shops 1
Vehicle Access 1
Building and works – water tank 1
Accommodation building 1
Planning subdivisions 3
TOTAL (includes combined applications) 25
Planning Applications Determined for the Month
Type of Application Determined
Dwelling 8
Outbuilding 1
Amendment to Planning Permit 2
Planning Subdivision 2
Helicopter landing site 2
Retail Car Sales 1
Withdrawn 0
TOTAL 16
Other Planning Consents & Enquiries
General Enquiries - phone, counter, email 127
Extension of Time to permit 1
Certification 4
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Mansfield Shire Council – Ordinary Meeting of Council: Development Services Departmental Report
Development Services Department - Page 3 of 5
Days Taken to Approve Planning Applications
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL
1-30 days 1 1
31-60 days 8 8
Over 60 days 7 7
Number of applications
finalised 16 16
Certification Applications Lodged for the Month
Application No
Date Lodged Type Location Application
Stage
S078726H/16 20/1/16 Cert of Plan 40 Brown St Jamieson Under Assessment
S079255B/16 20/1/16 Cert of Plan Mansfield Whitfield Road (The Grange) Under Assessment
S079298J/16 201//16 Cert of Plan Withers Lane Mansfield Under Assessment
S079568C/16 22/1/16 Creation of Easement Withers Lane Mansfield Under
Assessment
Delegated Planning Approvals
DA6435 Amendment to planning permit - relocated dwelling 8 Merrijig Place Merrijig
DA6285 Subdivision - boundary realignment 7 Tolmie Street Maindample DA4967 Use and development of a dwelling 320 Hearns Road Boorlite
DA6199 Use and development of a sawmill 285 Barwite Road Barwite
DA6482 Use and development of a dwelling Tabletop Road Tolmie
DA6487 Development of a dwelling 378 Howes Creek Goughs Bay Road, Goughs Bay
DA6488 Use and development of a dwelling and shed 68 Merinda Way Mansfield
DA5303 Development of a dwelling 62 Alpine Ridge Drive Merrijig
DA2344/3 Retrospective for buildings and works - VCAT case 285 Barwite Road Barwite
DA6491 Use and development for a dwelling and outbuilding 191 McLeod Lane Mansfield
DA6016 Amendment to liquor licence hours 39 Bank Street Jamieson
DA6500 Development of a dwelling and outbuilding 48 Grimwade Lane Mansfield
DA4528/2 Amendment to plan - road layout 10 Crosbys Lane Mansfield
DA2883 Development of Outbuilding 592 Howes Creek Road Mansfield
DA6199 Creation of new access for 285 Barwite Road Barwite Road Barwite
DA1714/6 Subdivision - 38 lots Withers Lane Mansfield 3722
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Mansfield Shire Council – Ordinary Meeting of Council: Development Services Departmental Report
Development Services Department - Page 4 of 5
BUILDING
Monthly Comparative Value of Building Permits Lodged
2015-16 2014-15 2013-14
JUL $2,882,301.00 $3,231,337.00 $3,325,086.00
AUG $2,036,159.00 $2,454,594.00 $3,105,262.00
SEP $4,076,727.00 $3,995,450.00 $1,561,285.00
OCT $3,980,488.00 $3,914,969.00 $2,523,508.00
NOV $4,195,913.00 $3,765,124.00 $2,409,412.00
DEC $2,340,597.00 $3,582,120.00 $2,627,523.00
JAN $2,585,484.00 $1,029,798.00
FEB $570,901.00 $3,164,641.00
MAR $3,447,852.00 $2,605,110.00
APR $1,690,699.00 $1,304,284.00
MAY $3,989,965.00 $3,068,699.00
JUN $2,480,751.00 $2,616,521.00
TOTAL $19,512,185.00 $35,709,246.00 $29,341,129.00
Monthly Comparison of Permits Lodged for Dwellings
2015-16 2014-15 2013-14
JUL 10 10 9 9 12 12
AUG 5 15 8 17 7 19
SEP 12 27 13 30 4 23
OCT 12 39 9 39 6 29
NOV 9 48 12 51 10 39
DEC 6 54 12 63 8 47
JAN 6 69 4 51
FEB 2 71 8 59
MAR 5 76 9 68
APR 5 81 4 72
MAY 8 89 9 81
JUN 8 97 7 88
TOTAL 54 97 88
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Mansfield Shire Council – Ordinary Meeting of Council: Development Services Departmental Report
Development Services Department - Page 5 of 5
SEPTIC
Septic Applications Lodged, Approved and Issued Monthly
APPLICATIONS LODGED
PERMITS ISSUED TO INSTALL
PERMITS ISSUED TO USE
JUL 8 7 10
AUG 7 3 5
SEP 15 12 7
OCT 7 10 5
NOV 5 9 9
DEC 8 6 5
JAN 3 4 6
FEB
MAR
APR
MAY
JUN
TOTAL 53 51 47
Septic Applications Lodged
2015-2016 2014-2015 2013-2014
JUL 8 8 4 4 15 15
AUG 7 15 6 10 3 10
SEP 15 30 6 16 6 16
OCT 7 37 7 23 7 23
NOV 5 42 10 33 8 31
DEC 8 50 14 47 3 34
JAN 3 53 2 49 6 42
FEB 10 59 8 50
MAR 3 62 8 58
APR 8 70 7 65
MAY 3 73 10 75
JUN 5 78 16 91
TOTAL 53 78 97
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Mansfield Shire Council – Ordinary Meeting of Council: Engineering and Works Departmental Report
Engineering and Works Department - Page 1 of 2
ENGINEERING AND WORKS DEPARTMENTAL REPORT JANUARY 2016
CAPITAL WORKS
Goughs Bay – Boat Ramp Access Congestion at the Goughs Bay boat ramp has been alleviated with the engagement of local contractor Alpine Civil to widen the access by removing rocks and obstructions to improve the entrance and accessibility to the boat ramp which is adjacent to Gough’s Bay Boat Club.
New Street Special Charge Scheme Engineering staff are scoping this project and commencing community consultation for this project Malcolm St and Highett Street Roundabout Alpine Civil have commenced work on this project. Weighbridge – Resource Recovery Centre A new weighbridge is in the procurement phase for the Mansfield Resource Recovery Centre.
FUNDING APPROVAL Council’s application for funding under the Bridges Renewal Program has been announced as successful by The Hon. Warren Truss MP, Minister for Infrastructure and Regional Development. The application submitted in August 2015, requested funding for bridge replacement,
widening and strengthening on Withers lane and Dead Horse Lane, a critical part of the Mansfield Heavy Vehicle Bypass.
The funding of $450,000 will be utilised on the upgrade of two low level crossings on Withers and Dead Horse Lanes. This route provides direct access to the existing light industrial area along Dead Horse Lane eliminating the need to travel through Mansfield’s busy town centre. Council’s engineering staff have completed all necessary investigations and detailed design preparations in readiness for works to commence next financial year.
FIELD SERVICES
Council’s road grading program is continuing. Grading of the western section of the Shire is 84% complete, with the localities of Howes Creek, Barjarg and parts of Mansfield and Goughs Bay still outstanding. The eastern section of the shire is less advanced with 53% complete with the localities of Merrijig, Sawmill, Piries, Macs Cove, Howqua, Howqua Inlet, Jamieson and parts of Mansfield and Goughs Bay still outstanding. The fire access grading is complete. Bus route grading has commenced prior to the start of the school year. Drainage works were completed at Mountain Bay, Merton and the Howes Creek Road area. Reseal preparation took place and weed spraying along the Howqua Track. Some line marking was also carried out. Within the Urban areas, the Field Services Team were involved in road closures for the markets and Australia Day celebrations and Christmas decorations have been taken down. Staff continued to work on the completion of CRMSs, drainage works, line marking and the Urban street grading program.
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Mansfield Shire Council – Ordinary Meeting of Council: Engineering and Works Departmental Report
Engineering and Works Department - Page 2 of 2
PARKS & GARDENS The Parks and Gardens Team has been kept busy keeping all areas neat and tidy with the huge influx of visitors. Litter and rubbish has been prevalent with overflowing skips requiring attention at the BP roadhouse and also an increase of general litter around town Watering of all recently planted trees during the hot spell has been a major undertaking. Continual maintenance and tuning of the main CBD irrigation is taking place. A number of broken irrigation units have been replaced irrigation units due to vandalism. The additional playing field continues to be watered every second day to preserve the turf that is established and suppress dust. In house training was conducted for those Field Services Staff who expressed interest in joining the After Hours Emergency Phone Roster. 4 people attended which will double the roster to 8 people.
GIS Additional mapping for road black spot funding was provided. Ongoing maintenance of GIS data continues. Upgrading of engineering workspaces was undertaken with the development of tools for providing road chainages. Proposed mobile phone tower locations were identified as a result of mobile black spot funding. Town aerial photography is expected to be delivered in February. Rural aerial photography has been delayed by weather and full capture of the Shire is still pending.
ASSETS Modelling commenced on renewal gaps for buildings. This has required reconciliation between the finance fixed asset register and the engineering building maintenance and condition register. More work is required, but preliminary models have been added to the Moloney modelling system. 22 Dial Before You Dig requests have been processed in January.
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Mansfield Shire Council – Ordinary Meeting of Council: Executive Services Departmental Report
Executive Services Department - Page 1 of 2
EXECUTIVE SERVICES DEPARTMENTAL REPORT FEBRUARY 2016
HUMAN RESOURCES Recruitment and Staff Changes Christine Halstead who came to us as the Senior Strategic Planner early last year has tendered her resignation. Christine has decided to move on to pursue contract work with one of the growth councils on the Melbourne metropolitan fringe. The recruitment campaign to replace Christine has commenced. Council is also recruiting for the Roads Supervisor position vacated by Tom Apps late last year. Applications for this position close Monday, 15 February. Council has engaged Risk Management Consultants, Echelon, to provide risk management services part time for a period of 6 months. Training and Workshops Hannah Blondell from the Parks and Gardens team has commenced a Certificate 3 in Arboriculture. This is a great opportunity for Hannah to further enhance her skills. Members of the Occupational Health & Safety/Staff Consultative Committee are encouraged to undergo training as part of their role as an OHS representative; IT Officer, Robert Squires, has commenced the training which is held 1 day per week over 5 weeks. Enterprise Agreement Negotiations The Enterprise Agreement (EA) negotiations continue, and the final management offer has been presented. Amendments to some clauses and the wording of the EA are progressing.
GOVERNANCE Draft Community Local Law No. 2 (Meeting Procedures and Common Seal) Council’s Draft Community Local Law No. 2 sunsets in May 2016. As a result Council is required advise the community of its intention to make a new Local Law, and provide the community with the opportunity to provide input. Further information regarding the draft Community Local Law No. 2 can be found in the report listed for consideration within this month’s Council Agenda. Election Period 2016 In accordance with the Local Government Act 1989, Council is required to establish an Election (Caretaker) Period Policy that sets procedures in place to ensure all requirements in relation to the Council, individual Councillors, Shire staff and contractors are met at all times. The Policy must be in place by 31 March 2016 and will apply from 12.00pm on 20 September to 6.00pm on 22 October 2016 (election day). A copy of the Policy, together with the accompanying report, is listed for consideration within this month’s Council Agenda. Council officers are scheduled to attend an upcoming Caretaker Period workshop, facilitated by Local Government Professionals. The workshop will provide information on how Council can ensure public confidence is maintained in relation to the upcoming elections. It will also discuss: • the roles and responsibilities for
Councillors, candidates and the Chief Executive Officer
• impact of the Local Government (Improved Governance) Act 2015
• Election Period Policy • the establishment of an appropriate
Action Plan for the Council.
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Mansfield Shire Council – Ordinary Meeting of Council: Executive Services Departmental Report
Executive Services Department - Page 2 of 2
GOVERNANCE CONT. Review of 2013-17 Council Plan As part of the 2016-17 Budget preparation, Council is required to review its 2013-17 Council Plan – the key strategic document that outlines the direction of Council up to 2017. Council officers are currently reviewing the the goals (strategic objectives) and actions which will guide Council’s allocation of resource and provision of services. In accordance with the Local Government Act 1989 Council must review its Council Plan on an annual basis and adopt the Plan by 30 June each year. The revised Plan will be made available to the public for a period of 28 days. The reviewed Plan will be incorporated into the Community Information Sessions scheduled for May, and community members will then have the opportunity to make submissions regarding the Plan, prior to its adoption by Council at a Special Council meeting on 14 June 2016. Freedom of Information (FOI) Governance staff recently attended an FOI and Privacy Intensive Information Session facilitated by Council’s FOI consultant, FOI Solutions. The session discussed the Freedom of Information Act 1982 and Council’s responsibilities in relation to the receipt and treatment of FOI requests from members of the public. Although legislative requirements predominantly remain unchanged, there is now greater emphasis placed on electronic documents and social media records and what constitutes such information. In addition to the above, it was also advised that legislation will shortly change to provide for a 30 day application processing period in place of the current 45 day period. The session also discussed Council’s requirements in accordance with the Privacy and Data Protection Act 2014, for which Council has the appropriate processes and procedures in place in relation to the responsible handling of personal information held by Council.
Council and Organisational Policies In addition to the Election Period Policy, provided in this month’s Council Agenda, the following Policies are currently under review: • Vehicle Fleet • Customer Complaint Resolution • Protected Disclosure • Records Disposal Other Policies currently being established include: • Disposal of Assets • Planning Triggers (Referral of Planning
Applications to a Council meeting)
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Mansfield Shire Council – Ordinary Meeting of Council: Finance & Information Services Departmental Report
Finance and Information Services Department - Page 1 of 2
FINANCE AND INFORMATION SERVICES DEPARTMENTAL REPORT FEBRUARY 2016
Finance/Payroll The Mansfield Shire community are invited to attend Budget Information and Consultation Sessions to be held at a number of locations across the Shire over the coming weeks. Councillors will consider the 2016-17 Budget and four year Strategic Resource Plan on 12 April, before they are made available to the public for a period of 28 days. Community Information Sessions will be held in May in Nunawading for non resident ratepayers and in Mansfield for the Mansfield Shire community. The community will then have a further opportunity to make submissions regarding the budget, prior to its adoption by Council at a Special Council meeting on 14 June 2016. Council’s Banking and Bill Paying Services tender closed on 18 January 2016. Submissions are being reviewed. The successful tendered will be recommended to Council in March. Records Information Management Council’s Records and Information Management projects continue to progress. The Records Unit have been working on streamlining processes and procedures to work more efficiently. Risk Management Council has appointed Echelon for a period of 6 months for the provision of risk management service. Great progress towards updating Council’s Risk Management procedures, designing and updating Council’s Business Continuity Plan has taken place, and a Fraud Control audit to provide the basis of Council’s Fraud Control Plan will be undertaken. Customer Services The Customer Services team continue to work with other Council units to deliver excellent services, meeting our customer’s needs. CRMS statistics for the month show 93 customer requests registered with 74 closed during the month. The majority of requests are completed by Field Services (81.7%).
Revenue Unit Council has completed the annual Department Human Services audit to ensure Council and Centrelink records were consistent. Some minor anomalies relating to personal information were identified and as letters were sent to 232 ratepayers who currently receive a pension rebate requesting they confirm their pension details. Total Debtors outstanding greater than 90 days $107k (34 invoices) No. Type $ 10 Community 1,760 2 Local Laws 215 4 Waste 271 13 Street Scheme 36,921 1 Cemetery 145 2 Complex Hire 2,357 1 SRO Grant 51,812 1 Football Club 13,414 34 Total > 90 days 106,895
The Unit has identified a savings initiative in relation to postage. Previously rates notices and reminders were stamped priority paid. All rates notices and reminders will be delivered by regular mail, a saving of approximately $4,000pa. This initiative will be rolled out across Council. Only urgent mail will be stamped priority paid. Council encourage ratepayers to receive their rate notices by email. The third instalment rate notice included the following message: “Would you like to receive your Rate Notice by email? To register, email [email protected]”
Mansfield Shire Council – Ordinary Meeting of Council: Finance and Information SeravicesDepartmental Report
Finance and Information Services Department - Page 2 of 2
Rates Arrears Rates arrears at 31 December $193k includes FSPL ($21k) – see table below. Of the 550 arrears notices, 391 SMS reminders were sent to mobile phones. The SMS initiative has received positive feedback and results.
Mansfield Shire Council – Ordinary Meeting of Council: Tourism and Economic Development Departmental Report
Tourism and Economic Development Department - Page 1 of 2
TOURISM AND ECONOMIC DEVELOPMENT DEPARTMENTAL REPORT February 2016
EVENTS ACTIVITY Council is currently working with the following events (being held during February and March) on their Event Management and Traffic Management Plans and various levels of direct support provided by Council: • Tolmie Sports • Nissan Car Rally • Australian Four Day Enduro (Motorcycle
event) • Bonnie Doon Music Festival • Merrijig Rodeo • Mansfield Tour (Road cycling) • Merrijig Family Fun Day The Mountain Cattlemen’s Association Annual Get Together was held at McCormack Park Merrijig from 8 to 11 January with approximately 3,500 attendees. Work has commenced on the development of the Spring In Mansfield Shire brochure and event listings. Council has formally endorsed the signing of a contract with Targa Australia and Mt Buller Mt Stirling Resort Management Board covering years 2018 to 2022. Meetings have already commenced to discuss the 2016 event and future years planning. Road Cycling Forum & Mansfield Tour A twice yearly meeting is held with Victoria Police, VicRoads and other peak bodies to discuss matters pertaining to individual road cyclists and event activities. The objective is to identify and advocate for improvements to road infrastructure, the planning and delivery of road-based events and measures that may improve the safety of cyclists and motorists. Mansfield Shire’s next major road cycling event is the Mansfield Tour which will attract around 700 competitors plus supporters, staged on various roads in our region over 19-20 March.
LAKE EILDON MATTERS Howqua Inlet Boat Ramp Proposal Council has authorised Officers to progress a boat ramp at Howqua Inlet, subject to funding being secured and formal planning requirements. Gough’s Bay Boat Ramp Emergency works were undertaken on the temporary access track into the only boat ramp still operational at Gough’s Bay. The works assisted to reduce the long delays that were being experienced by residents and visitors at busy times; however boat ramp and parking capacity are still not acceptable for the identified demand. The location is identified as a priority area for development and funding is being sought to progress detailed planning. Bonnie Doon Boat Ramps Two boat ramps are still operational at Bonnie Doon with ample parking and adequate access. Boating in the immediate vicinity of the road and rail trail bridges requires care. Kennedy Point area should remain a suitable location for water sports activities for some time. A thirty second video has been produced outlining the attributes and activities that make Lake Eildon the most popular inland waterway in Victoria, The video clip will be loaded to various consumer websites and social media. Discussions have commenced with Goulburn Murray Water regarding maintenance agreements of the several public access locations around Lake Eildon within Mansfield Shire.
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Tourism and Economic Development Department - Page 2 of 2
CLIMATE SMART AGRICULTURAL DEVELOPMENT PROJECT – SITE VISITS TO
LOCAL AGRICULTURAL BUSINESSES The Climate Smart Agricultural Development (CSAD) Project will provide modelling to assist better understand the long-term implications, challenges and possible opportunities of potential climate change on regionally important agricultural and horticultural commodities. During January the project team from Deakin University, Goulburn Broken Greenhouse Alliance and Council staff undertook field visits to several properties to discuss the project assumptions, glean expert local knowledge and validate research to date. More field trips are envisaged to refine the information. Final project completion is scheduled for November 2016 when a user-friendly web-based spatial mapping tool will be launched.
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10. OFFICER REPORTS CONT. 10.2 Applications to National Stronger Regions Fund 5.22pm Cr Russell Bate departed the meeting after declaring a conflict of interest
(see item 6) File Number: E678 Responsible Officer: Tourism & Economic Development Manager – Ian Geer Disclosure of Conflicts of Interest The author of this report has declared no conflicts of interest in relation to this item. Introduction The purpose of this report is to recommend that Council submits two applications to the Australian Government’s National Stronger Regions Fund (NSRF), Round Three, which closes on 15 March 2016. It is recommended that the priority project for Council is the Mansfield Shire - Tourism Link Roads Project and this would be stipulated in the application. The Tourism Link Roads project entails the sealing of two critical roads in the municipality to create sealed road links to allow for the expansion of Targa High Country, Road Cycling, both competition and pleasure touring, and through-road connections to Mt Buller Resort, the Alpine National Park and Mansfield State Forest. The Link Roads Project will cost $2.4 million to complete. The second project is referred to as the Mt Buller Water Storage Project being developed by Mt Buller Mt Stirling Resort Management and requires Council to, if so resolved; submit the application on behalf of the Resort Management as the Resort Management is not eligible to make application under the current NSRF Guidelines. Background Council made two applications to the NSRF Round Two, being: the Mansfield Youth Hub which was successful in securing $200,000; and the Mt Buller Water Storage Project which was not successful. If supported by Council, it is the Resort Management’s intention to apply again to seek to secure Australian Government funding for what is an estimated $8 million plus project. The Resort Management has committed sufficient funds to meet the funding ratio criteria and resource any Council commitment to the application. A brief outline of the National Stronger Regions Fund: · The program commenced in 2015 and provides funding of $1 billion over 5 years to
fund priority infrastructure in regional communities.
· Grants must be between $20,000 and $10 million.
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10.2 Applications to National Stronger Regions Fund Cont. · Local government and incorporated not-for-profit organisations are eligible to apply.
· Grant funding must be matched in cash on at least a dollar for dollar basis. For Round Three, applicants classified as remote and very remote must contribute at least one dollar for every three dollars of NSRF funding sought.
· All partners funding must be confirmed.
· NSRF funding will be provided for capital projects which involve the construction of new infrastructure, or the upgrade or an extension of existing infrastructure.
· The project must deliver an economic benefit to the region beyond the period of construction. Projects should support disadvantaged regions or areas of disadvantage within a region.
· The NSRF funded component of the project must be completed on or before 31 December 2019.
Statutory Requirements There are no statutory requirements applicable to submitting NSRF applications. Council Plan Securing funding for these two projects would be relevant to the following Council Plan Themes: · A Growing Economy · Improving Our Built and Natural Environment Financial The Tourism Link Roads Project will cost $2.4 million. Council would be required to confirm a minimum allocation of $1.2 million to apply to NSRF, however a dollar for dollar contribution is not considered competitive. Funding could be allocated across budgets spanning 2016 – 2017 to 2019 – 2020 financial years. It is therefore proposed that Council confirm a contribution to the Link Roads Project of $1.44 million and apply to NSRF for $960,000 to deliver the $2.4 million dollar project. For the Mt Buller Water Storage Project, Council, as the formal applicant, under revised Guidelines for Round Three, is required to demonstrate a cash and or in-kind contribution. The Resort Management has indicated in writing that they would support Council to meet the criteria as stipulated. Social Appropriate Infrastructure to support communities is fundamental to the functionality of a community and historically infrastructure provision is supported and provided by all levels of government.
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10.2 Applications to National Stronger Regions Fund Cont. Environmental Not applicable. Economic The NSRF is designed to assist and enable local government to build infrastructure which directly or indirectly stimulates economic growth and that without State or Federal funding is beyond the capacity of a small rural municipality such as Mansfield Shire. Specific to the proposed applications The Tourism Link Roads Project will complete an important link, connecting the Jamieson Woods Point Road to the Mansfield Mt Buller Road and Buttercup Road to the Alpine National Park and Mansfield State Forest, allowing Council to: · Market Jamieson area as an alternative winter off-mountain accommodation alternative
for Mt Buller and Mt Stirling Resorts · Develop the area as another excellent road cycling loop out of Mansfield Township and
create a connection to Merrijig · Utilise the sealed loop to expand the course for Targa High Country and The Mansfield
Tour A secure water supply for Mt Buller is critical to the continued viability of the Resort. Mt Buller directly employs approximately 8% of Mansfield Shire’s total workforce. Visitation to Mt Buller and Mt Stirling is in the order of 300,000 overnight stays and 100,000 day visits per annum which contributes an estimated $118 million to the Shire’s economy per annum across a broad spectrum of industry sectors. The Resort is highly dependent on snow making for winter and currently has a restricted snow making capacity due to the lack of on-mountain storage. A business case in support of the water storage project reinforces that with possible climate change and climate variability factors the future of the Resort is entirely dependent on sufficient on-mountain storage for snow making and potable water supply. Risk Management Council would be committing to expenditure beyond an Annual Budget cycle yet to be approved by Council if the Links Roads project was successful in securing a NSRF Grant. This is deemed necessary to seek to secure government funding to deliver the Link Roads Project which would project into the 2019 – 2020 Budget and be completed by 31 December 2019. Community Engagement Sealing of roads and shoulders is identified in the endorsed Merrijig Community Plan as a priority.
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10.2 Applications to National Stronger Regions Fund Cont. Officer’s Comments Council’s Tourism & Economic Development Manager attended a detailed briefing on the NSRF Round Two outcomes and Round Three Program Guidelines. Important information gleaned from the briefings included: · The very competitive nature of the Fund · That economic benefit beyond the construction phase of the project needs to be well
quantified · That the project needs to address disadvantage · The development of partnerships and the commitment thereof was important · That committing only the minimum cash allocation criteria was not necessarily
competitive Councillors Attley/Robinson: That Council: 1. Authorise the Chief Executive Officer to submit two applications to the National
Stronger Regions Fund, Round Three, being: · Mansfield Shire - Tourism Link Roads Project; and · Mt Buller Water Storage Project.
2. Authorise the Chief Executive Officer to allocate Council funds of $1.44 million,
subject to securing a National Stronger Regions Fund Grant of $960,000, to complete the Mansfield Shire - Tourism Links Road Project at a cost of $2.4 million by December 2019. Council funds to be allocated within the financial years aligned with construction schedule and grant payments and within the overall Capital Works Budget for the relevant financial years.
Carried 5.42pm Cr Russell Bate returned to the meeting.
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10. OFFICER REPORTS CONT. 10.3 Finance Report: 1 July 2015 to 31 January 2016 File Number: E24 Responsible Officer: Finance & Information Services Manager, Cheryl Nickels-Beattie Disclosure of Conflicts of Interest The author of this report does not have a Conflict of Interest in this matter. Introduction It was determined by Council to provide Finance reports 5 times per annum. Finance Reports will be presented to the February, April, June, September and December Ordinary Council meetings. This finance report provides information on Council’s operating and capital performance against the 2015-16 Revised Budget. Favourable variances are reported as positive values, while unfavourable variances are negative values. The following attachments form part of this month’s financial report: · Income and Expenditure Report · Operating Finance Report – Income and Expenditure · Capital Finance Report – Income and Expenditure · Balance Sheet · Statement of Cash Flows Background Council, at its Special meeting of 16 June 2015, adopted the budget for the 2015-2016 financial year. This budget is referred to as the Original Budget. Council Officers have since reviewed the Original budget and developed the Revised budget. Variances have been reported against the Revised Budget. Budget movements were explained in the November Council meeting Finance report. Statutory Requirements Under Section 138 of the Local Government Act 1989, at least quarterly a report comparing expenses and revenue to budget must be presented to the Council. Council Plan The monthly financial report is in line with goals of the Council Plan Driving Organisational Performance and Resource Management and Good Governance.
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10.3 Finance Report: 1 July 2015 to 31 January 2016 Cont. Financial The reports attached provide the opportunity for monthly review of Council’s financial position to ensure compliance with budgets. Social Nil. Environmental Nil. Economic Nil. Risk Management The monthly report is part of Council’s financial strategy to ensure budgets are complied with and ensure the short to medium term financial sustainability of Council. Community Engagement The reports are prepared in consultation with senior managers. The report forms part of the Council meeting agenda and minutes which are public documents. Officer’s Comments Operating Finance Report: Operating Income & Expenditure Actual against Revised Budget The year to date operating result is favourable against the 2015-16 Revised Budget by $688k (13%). Major variances are summarised below. Unfavourable Variances
· $11k Local Laws – timing of animal registration fees (due April). · $19k Strategic Planning – planning scheme review undertaken in 2014-15 financial
year. Invoice for $15k received in 2015-16. · $41k Events – timing of community events held · $36k Road Network Maintenance – timing of materials expenditure on road
maintenance · $80k Salaries & Wages Clearing – timing of annual leave taken. Offset by wages
under budget in various departments.
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10.3 Finance Report: 1 July 2015 to 31 January 2016 Cont. Favourable Variances
· $74k Community Development – timing of Merton Hall project $47k, Community matching funds $8k and other programs $18k (materials)
· $81k Family Youth & Children’s – Youth Engagement Program $40k income was not budgeted. This will be fully offset by expenditure by the end of year. Integrated Family Services income over budget by $34k, which will also be offset by expenditure by the end of the year.
· $50k Community Services Operations – Local Partnership grants received which were not budgeted. These are to be offset fully by expenditure, therefore is a timing issue only.
· $34k Environment – timing of Roadside Weed Spraying program. · $39k Health – timing of registration/permit fees. · $49k Economic Development Programs – timing issue currently offset by
unfavourable variance in events and operations. · $50k Engineering Services – Wages under budget due to positions not being filled. · $42k Waste Management – domestic waste costs are over budget however are
partly offset by income being over budget. The Resource Recovery Centre waste disposal cost are under budget $35k.
· $30k Customer Services & Records – favourable salaries due to leave not replaced. · $123k Revenue Services – Rates income over budget due to supplementary rates
increasing rate base. Also includes $24k timing variance in relation to contract payments.
· $65k Risk Management – vacant position has now been filled by contracted role. Capital Works: Capital Income & Expenditure Actual against Revised Budget The net year to date capital works variance (net of capital income) is $1,342k favourable to the 2015-16 Revised Budget. Major variances are summarised below. Unfavourable Variances
· $54k Local Road Resheets – timing of budget only. · $138k Cummins Road (net) – timing only. Project is complete; however Special
Charge Scheme income is yet to be invoiced. · $200k Skate Park Income – timing issue only, offset by favourable variance in
expenses.
Favourable Variances · $204k Bridges and Culverts – includes Lakins Road and other projects – timing
only. · $122k Erril St Rejuvenation Activation Income – income for this project was not
budgeted. Project work is not expected to commence until 2016-17. · $60k Holding Bays Depot – timing only. Project not yet commenced. · $73k Plant/Vehicle sales – includes proceeds from saleyards auction. · $96k Resheets - timing only. · $74k Road Safety projects – timing only. · $295k Roads to Recovery Income – claim made in advance. Timing only.
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10.3 Finance Report: 1 July 2015 to 31 January 2016 Cont.
· $100k Special Charge Schemes – timing only. · $572k New Road Provision (net) – timing only. Highett Street roundabout project
has now commenced. · $228k Skate Park – funding has been confirmed. National Stronger Regions $200k
and SRV grant $85k · Various other projects have not commenced causing further timing differences in
the budget. Overall Position: Operating Variance Favourable/(Unfavourable) $668,559 Capital Variance Favourable/(Unfavourable) $1,342,436 Total Variance Favourable/(Unfavourable) $2,030,995 Balance Sheet: Current Assets: Cash and investments total $5.8m and includes $3.5m general investments and $201k for the Cemetery Trusts. Net current receivables of $5.7m, includes rates debt of $5.6m, sundry debtors of $243k, and loan debtors of $59k. Loan debtors represent the principal not yet due for payment in relation to street schemes where residents have opted to repay over an agreed term and community group loans. Fire Services Property Levy collections are held in trust until forwarded to the State Revenue Office (currently at $209k) Debtors are being monitored and regular follow up action taken to minimise any write offs. Council is generally owed money for the GST input tax credit and BASs are lodged monthly. All legislative requirements are being met. Current Liabilities: The major items here are provisions of $1.9m ($1.6m employee benefits & $0.3m Landfill) and trust funds of $0.5m. Current Ratio: 3.9 : 1 The high working capital ratio is reflective of the full year rates income being raised in August and reported as a current asset (debtors). Only two instalments have fallen due year to date. Non-Current Assets: These include all infrastructure assets and for the purpose of this report the net cost of current capital and major works has been treated as works in progress and added to the balance sheet here.
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10.3 Finance Report: 1 July 2015 to 31 January 2016 Cont. Non-Current Liabilities: Major items here include loan liability $3.4m. This includes both bank loans and hire purchase agreements. Councillors Bate/Robinson: That Council receives the Finance Report for the Period from 1 July 2015 to 31 January 2016.
Carried
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ATTACHMENT 10.3
FINANCE REPORT
(6 PAGES)
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Mansfield Shire CouncilIncome & Expenditure SummaryFor Period Ending January 2016
Investing activitiesInflowsProceeds from Sale of Assets 85,026OutflowsCapital Works Expenditure (1,294,138)TOTAL (1,209,112)
Financing activitiesInflowsProceeds from Interest Bearing Loans and Borrowings (0)OtherOuflowsRepayment of Interest Bearing Loans and Borrowings (358,885)Finance Costs (146,476)Other 0
TOTAL (505,361)
Net change in cash (250,038)
Cash at Beginning of Year (1/7/2015) 6,108,366
CASH AT END OF PERIOD 5,858,328
Statement of Cash FlowsMansfield Shire Council
For Period Ending January 2016
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10. OFFICER REPORTS CONT. 10.4 Naming of an Unnamed Road - Gilley Lane, Barwite File Number: E 429 Responsible Officer: Revenue Co-ordinator, Bess Gillard Declaration of Conflict of Interest The author of this report has declared no conflict of interest in relation to this matter. Introduction A recommendation is required to formalise the naming of an unnamed road. Background In accordance with requirements by the Office of Geographic Names (OGN), adjacent landowners were advised by Council of the proposed name for the road. The road in question runs along a Government Road Reserve at the end of Glenroy Road, before Gonzaga Ridge Track turning west. It extends approximately 550m North West from Glenroy Road, opposite the entrance of 696 Glenroy Road (highlighted blue on the attached map) Council required that the road be upgraded from a bush track as part of a subdivision. Part of the criteria for adopting it as a road and adding it to Council’s Road Register is for it to be named. The road is used by the public to access part of the bush in the area. It is therefore essential that this section of road be named for easy identification for all emergency services if required. The proposed road name is in honor of the proposer’s grandfather, Earnest Frances Gilley, who spent 5 years as a British Prisoner of War in Changi in World War 2. Mr Gilley’s life was saved by an Australian soldier who became a lifelong friend, and in recognition, the proposer wishes to memorialise both the Australian soldier and British born Mr Gilley. There is also a plantation of indigenous trees made on the adjacent property called Gilley’s. Mr Gilley’s property is highlighted yellow on the attached map. Mr Gilley applied for a planning permit to construct an access road to his property. The road has been created as per construction plans approved by Council. As an historic link to the area, it is thought this name is appropriate and meets the guidelines as set out by the OGN.
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10.4 Naming of an Unnamed Road - Gilley Lane, Barwite Cont. Statutory Requirements Section 5 (1) (a) of Schedule 10 of the Local Government Act 1989 permits Council to “approve assign or change the name of the road”. Section 5 (2) states that “Council in exercising a power under paragraph (a) of sub-clause (1) must act in accordance with the guidelines in force for the time being under the Geographic Place Names Act 1998 and must advise the Register under that Act of the action it has taken under that paragraph”. The name selected must meet the criteria outlined in Land Victoria’s Guidelines for Geographic Names (2004) - www.dse.vic.gov.au/namingplaces The OGN must approve all requests for road names etc. Council Plan The naming of the road falls in line with Council’s Built and Natural Environment Council Plan Theme: "A major drawcard for new residents and new investors is the unique character and 'liveability' of our Shire. Achieving the balance between maintaining this character and allowing the Shire to grow and develop is a constant challenge for Council. Considering what development will happen and where it will happen is one of our core functions, as is providing the infrastructure to support the people who come to live, work and visit our Shire". Financial There is no financial impact associated with this proposal. Social Adjoining property owners have been notified of the proposed name Gilley Lane. Once approved and gazetted by the OGN all emergency services will be notified of the update. A new sign will be erected by Council clearly marked as ‘No Through Road’. Environmental The formalising of the road name will ensure that the landmark is distinctive in its name and will ensure long term continuity. Economic There are no economic implications relating to this proposal.
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10.4 Naming of an Unnamed Road - Gilley Lane, Barwite Cont. Risk Management There is no risk management impact associated with this proposal. Community Engagement In accordance with requirements by the OGN, adjacent landowners were advised by Council of the suggested name for the road. A media release was also featured in the Mansfield Courier. Consultation with adjacent land holders and the public has been completed. No objections to the proposed name were received. Officer’s Comments It is the officer’s recommendation that Council resolve to name the road “Gilley Lane”. Councillors Hogan/Attley: That: 1. Council resolve to name the road "Gilley Lane", Barwite. 2. the Office of Geographic Names is advised of the naming of the road. 3. upon approval from the Office of Geographic Names, the approved road name is
communicated by way of a public notice in local media. 4. upon approval from the Office of Geographic Names, appropriate signage
showing Gilley Lane, Barwite, be displayed at appropriate locations as a ‘No Through Road’.
Carried
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ATTACHMENT 10.4
NAMING OF UNNAMED ROAD
(1 PAGE)
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Highlighted Blue – Road currently unnamed- proposed name – Gilley Lane Highlighted Yellow – Proposer’s property – Mr Gilley
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10. OFFICER REPORTS CONT. 10.5 Mansfield Shire Audit and Risk Advisory Committee: Appointment of
External Member File Number: E3627 Responsible Officer: Finance and Information Services Manager, Cheryl Nickels-Beattie Disclosure of Conflicts of Interest The author of this report has declared no conflicts of interest in relation to this item. Introduction This report considers the appointment of an external member to the Mansfield Shire Council Audit and Risk Advisory Committee. Background With the resignation of Committee member, Robert Beekman at the November 2016 meeting and in accordance with the Audit and Risk Advisory Committee Charter, nominations were invited for the appointment of an external member for the remainder of the vacated term. Accordingly advertisements were placed in the local press and on Council’s website. The Charter requires staggered rotation to ensure continuity of membership. This position will be for the remainder of the three (3) year term being to July 2016. The terms of the other members expiring as follows: · Ms Danielle MacKenzie - November 2017 · Ms Janene Ridley - August 2017 One nomination was received from Ms Barbara Taylor in response to the advertisement. Ms Taylor has 11 years’ experience as a Project Officer for the State Department of Health. She holds qualifications including an Associate Diploma in Applied Science and a Bachelor of Business. An interview was held on 11 January 2016. The interview panel consisted of Cr Paul Sladdin, Cr Russell Bate and Ms Danielle MacKenzie. Statutory Requirements Appointment of the Audit and Risk Advisory Committee is a requirement under the Local Government Act 1989, and the Committee Charter provides for the appointment of 3 external members. Council Plan Appointment of the Audit and Risk Advisory Committee is in accordance with Council’s Key Strategic Area “Driving Organisational Performance and Resource Management”.
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10.5 Mansfield Shire Audit and Risk Advisory Committee: Appointment of External Member Cont.
Financial The stipend for community representation on the Audit and Risk Advisory Committee has been set at $2,700 per annum, based on a calculation of $900 per external member. The Audit and Risk Advisory Committee Charter states that the Committee shall meet at least quarterly. The next meeting is scheduled for 22 February 2016. As an Advisory Committee of the Council, the Mansfield Shire Audit and Risk Advisory Committee has no delegated authority to expend monies. Social Nil. Environmental Nil. Economic Nil. Risk Management The Audit and Risk Advisory Committee is an integral part of Council’s commitment to risk management within the organisation. Community Engagement Upon Council’s resolution to appointment an external representative, appropriate correspondence will be forwarded to all nominees advising the outcome. Further, a media release will be drafted outlining the committee’s role and membership. Officer’s Comments It is recommended that Council consider the proposed nomination and duly appoint Ms Barbara Taylor to the Mansfield Shire Council Audit Advisory Committee to assist Council in the discharge of its responsibilities for financial reporting, maintaining a reliable system of internal controls and fostering the organisation’s ethical development, for the remainder of the vacant term. There are two meetings scheduled for the remainder of the term in February and May 2016.
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Mansfield Shire Council – Ordinary Meeting of Council: 16 February 2016
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10.5 Mansfield Shire Audit and Risk Advisory Committee: Appointment of External Member Cont.
Councillors Bate/Hogan: That Council: 1. Consider the nomination for the Mansfield Shire Audit and Risk Advisory
Committee and duly appoint Ms Barbara Taylor to the Mansfield Shire Audit and Risk Advisory Committee to assist Council in the discharge of its responsibilities for financial reporting, maintaining a reliable system of internal control and fostering the organisation’s ethical development for the remainder of the vacant term, being to July 2016.
2. Confirms the stipend for community representation on the Audit and Risk
Advisory Committee of $900 per member per annum.
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10. OFFICER REPORTS CONT. 10.6 Mansfield Shire Election Period Policy 2016 File Number: E513 Responsible Officer: Governance Co-ordinator, Dawn Bray Disclosure of Conflicts of Interest The author of this report has no direct or indirect conflicts of interests as defined by Sections 77A and B, 78, 78A-E, 79 or 79 A-D of the Local Government Act 1989. Introduction This report seeks the adoption of the Election Period Policy 2016 by Council. The Local Government Act 1989 (the Act) requires Council to adopt an election period policy by Council prior to 31 March 2016. The draft policy makes clear policy statements, and sets procedures in place, to ensure all Act requirements in relation to the Council, individual Councillors, Shire staff and contractors are met at all times. Background The requirement for an election period policy, commonly referred to as a ‘caretaker policy’ has been in place for the past three general elections. The Election Period Policy will apply from 12 noon on 20 September 2016 (candidate nominations close at this time) and ends at 6.00pm on 22 October 2016 (Election Day). Key principles of the election period provisions of the Act are ensuring: · incumbent Councils do not make major policy decisions that will encumber or impede
the incoming Council; · that no Council publication or resource is used for campaigning purposes or in a
manner which may be perceived to relate to a key election issue or support for a candidate;
· that the scheduling of community consultation and public events is limited; and · procedures are in place to ensure Council information is equally available to all
candidates. There are significant financial implications, including fines for a Chief Executive Officer who approves a publication found to contain electoral material and the potential for compensation for those who have suffered a loss as a result of acting on a major decision made during the election period. All Council Staff, Councillors and contractors must comply with the Policy. The Chief Executive Officer is responsible for the Policy’s implementation. The Governance Unit will set up procedures for certification of publications and create a public database to record information requests received by election candidates.
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10.6 Mansfield Shire Election Period Policy 2016 Cont. Statutory Requirements There are a number of clauses in the Act relating to an election period policy and the things a Council can and cannot do during the election period, which can be found in the attached extract of provisions from the Local Government Act 1989. There are penalties prescribed by the Act for not complying with election period provisions. Council Plan The underlying principles of the Election Period Policy are aligned to the Council Plan’s Values in the following ways: · Respect – through the clarification of roles and ensuring that all election candidates are
treated equally;
· Integrity – by clearly stating how Council resources are to be used, how incumbent Councillors, staff and contractors are to act and how day to day practices and procedures will provide for a level playing field for all election candidates. Compliance with the Policy is a key means through which the integrity of Council and the Organisation can be measured by the community;
· Accountability – by clearly defining what can and cannot be done during the election period and by identifying how the community can measure whether or not the requirements of the Policy and the Act are being followed at all times.
The Policy is, therefore, a key means of supporting the Council Plan Theme of Good Governance. Financial There is a marginal increase in the resources required to administer and monitor compliance with the Election Period Policy. The forthcoming 2016-17 budget process will ensure these resources are allocated. There are potentially serious financial consequences arising from a major policy decision being made during the election period through fines and the right to compensation by third parties. Social There are no perceivable social impacts arising from the Election Period Policy. Environmental There are no perceivable environmental impacts arising from the Election Period Policy. Economic There are no perceivable economic impacts arising from the Election Period Policy.
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10.6 Mansfield Shire Election Period Policy 2016 Cont. Risk Management The preparation, adoption and implementation of an election period policy is a key risk management tool in the lead up to a general election. The penalties that apply to non compliance with the Act are significant, however they are relatively inconsequential when compared to the loss of reputation and community confidence in both the Council and Shire administration should the policy not be clear in its intent or not monitored to ensure ongoing compliance. Community Engagement The nature of the Election Period Policy is such that no community consultation has been undertaken, nor is it required by the Act. The development of the Policy has, however, been informed by a review of similar policies developed by other Victorian Councils, particularly those which dealt with the use of social media during the election period (at the last election Mansfield Shire Council did not utilise any form of social media). Officer’s Comments The Election Period Policy clearly outlines the restrictions on Council activities during the lead up to the election. Roles, responsibilities and processes are in place to ensure that the requirements of the Act (and the Policy) are met at all times. In some instances a more conservative approach has been taken and the spirit of the Act has been taken into account. For example, in addition to restricting Council from making major decisions as defined by the Act, the Policy also prohibits ‘significant’ decisions, which include: · decisions on the allocation of community grants; · adoption of a major Council policy, planning scheme amendment or strategy with
significant implications for the municipality and the community; and, · decisions around sensitive community or political issues.
It is also policy that Council’s Annual Report will not be adopted or notice given to the public of its availability during the election period, even though the Act allows this document to be adopted as it is required by legislation. Furthermore, where a public consultation process has been conducted just prior to the Election Period, the outcomes and findings of such processes must not be reported upon to either Council, the community or the media during the Election Period. This is to clearly demonstrate our commitment to good governance and to avoid any activities that may be perceived by the community as impacting on the outcome of the election.
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10.6 Mansfield Shire Election Period Policy 2016 Cont. The Chief Executive Officer, Governance Unit and Departmental Managers will ensure that all Councillors, Council staff and contractors are well versed with the Policy prior to the commencement of the election period. Various procedures will also be set in place to support compliance with the Policy and Act. Councillors Robinson/Bate: That Council: 1. adopt the Election Period Policy 2016. 2. make the Election Period Policy 2016 available to the public at the Mansfield
Shire Council Office, Mansfield Library and on the front page of Council’s website.
3. Direct the Chief Executive Officer to ensure: - all Councillors are provided with a hard and electronic copy of the adopted
Election Period policy within five (5) business days its adoption; - a copy of the policy is distributed to all Council Staff and Contractors; and, - Departmental Managers discuss the Policy’s provisions with their staff.
Carried
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ATTACHMENT 10.6
MANSFIELD SHIRE ELECTION PERIOD POLICY
(16 PAGES)
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MANSFIELD SHIRE ELECTION PERIOD POLICY: EXTRACT OF LOCAL GOVERNMENT ACT 1989 ELECTION PERIOD PROVISIONS
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EXTRACT OF ELECTION PERIOD PROVISIONS
LOCAL GOVERNMENT ACT 1989 (as of 1 December 2015)
election period, in relation to an election, means the period that—
(a) starts on the last day on which nominations for that election can be received; and
(b) ends at 6 p.m. on election day;
55D Prohibition on Council
(1) A Council must not print, publish or distribute or cause, permit or authorise to be printed, published or distributed, any advertisement, handbill, pamphlet or notice during the election period unless the advertisement, handbill, pamphlet or notice has been certified, in writing, by the Chief Executive Officer.
(2) The Chief Executive Officer must not intentionally or recklessly certify an electoral advertisement, handbill, pamphlet or notice during the election period unless it only contains information about the election process.
Penalty: 60 penalty units.
(3) Despite section 98(2), the Chief Executive Officer must not delegate the power to certify any advertisement, handbill, pamphlet or notice under this section to a member of Council staff.
(4) A Councillor or member of Council staff must not intentionally or recklessly print, publish or distribute or cause, permit or authorise to be printed, published or distributed an electoral advertisement, handbill, pamphlet or notice during the election period on behalf of, or in the name of, the Council or on behalf of, or in the name of, a Councillor using Council resources if the electoral advertisement, handbill, pamphlet or notice has not been certified by the Chief Executive Officer under this section.
Penalty: 60 penalty units.
93A Conduct of Council during election period
(1) Subject to this section, a Council, a special Committee or a person acting under a delegation given by the Council must not make a major policy decision during the election period for a general election.
(2) If a Council considers that there are extraordinary circumstances which require the making of a major policy decision during the election period, the Council may apply in writing to the Minister for an exemption from the application of this section to the major policy decision specified in the application.
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(3) If the Minister is satisfied that there are extraordinary circumstances, the Minister may grant an exemption from the application of this section to the major policy decision specified in the application subject to any conditions or limitations that the Minister considers appropriate.
(4) A major policy decision made in contravention of this section is invalid.
(5) Any person who suffers any loss or damage as a result of acting in good faith on a major policy decision made in contravention of this section is entitled to compensation from the Council for that loss or damage.
(6) In this section, a major policy decision means any decision—
(a) relating to the employment or remuneration of a Chief Executive Officer under section 94, other than a decision to appoint an acting Chief Executive Officer;
(b) to terminate the appointment of a Chief Executive Officer under section 94;
(c) to enter into a contract the total value of which exceeds whichever is the greater of—
(i) $100 000 or such higher amount as may be fixed by Order in Council under section 186(1); or
(ii) 1% of the Council's revenue from rates and charges levied under section 158 in the preceding financial year;
(d) to exercise any power under section 193 if the sum assessed under section 193(5A) in respect of the proposal exceeds whichever is the greater of $100 000 or 1% of the Council's revenue from rates and charges levied under section 158 in the preceding financial year.
93B Council to adopt an election period policy
(1) A Council must prepare, adopt and maintain an election period policy in relation to procedures to be applied by Council during the election period for a general election.
(2) A Council must prepare and adopt an election period policy as required by subsection (1)—
(a) by 31 March 2016; and
(b) following the general election on 22 October 2016, continue to maintain the election period policy by reviewing and, if required, amending the policy not later than 12 months before the commencement of each subsequent general election period.
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(3) An election period policy must include the following—
(a) procedures intended to prevent the Council from making inappropriate decisions or using resources inappropriately during the election period before a general election;
(b) limits on public consultation and the scheduling of Council events;
(c) procedures to ensure that access to information held by Council is made equally available and accessible to candidates during the election.
(4) A copy of the election period policy must—
(a) be given to each Councillor as soon as practicable after it is adopted; and
(b) be available for inspection by the public at the Council office and any district offices; and
(c) be published on the Council's Internet website maintained under section 82A.
(5) In this section—
inappropriate decisions made by a Council during an election period includes any of the following—
(a) decisions that would affect voting in an election;
(b) decisions that could reasonably be made after the election.
Other provisions of the Local Government Amendment (Improved Governance) Bill 2015 not yet enacted as of 18 January 2016:
63 Amendment of section 55D—Prohibition on Council After section 55D(1) of the Principal Act insert—
"(1A) For the purposes of subsection (1), the publication of a document of a kind specified in that subsection does not include—
(a) publication of any document published before the commencement of the election period; and
(b) publication of any document required to be published in accordance with, or under, any Act or regulation.
Note
See definitions of publish in section 3(1) and document in section 38 of the Interpretation of Legislation Act 1984.".
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DRAFT Election Period Policy – 2016 General Election
Department: Executive Services (Governance Unit)
First Implemented: 17 July 2012 Reviewed: January 2016 Effective From: 12.00pm Noon - 20 September 2016 until 6.00pm - 22 October 2016 Review Date: Minimum 12 months prior to the next Council Election (2020) Version: 2 Trim Reference: E513
Governance Use Only Action / Status: • Draft to EMT/Councillors Briefing for comment on: 19 January 2016 • Staff consultation required: No – legislative requirement • Reviewed by Audit & Risk Advisory Committee: No • For endorsement by Council: 16 February 2016 1. PURPOSE/ OBJECTIVES The conduct of municipal elections is governed by the Local Government Act 1989 (“the Act”). This policy is designed to: • ensure processes are in place to ensure that Council does not make decisions during
the Election Period that will unnecessarily bind an incoming Council, while at the same time avoiding significant interruptions to the normal day to day business of Council;
• support the fair and unbiased conduct of the 2016 Council Election by ensuring that there is no misuse of Council resources, publications, consultation processes or events by incumbent Councillors for electioneering purposes or that may in any way influence the outcome of an election;
• recognise that incumbent Councillors still have a legitimate role to play and so require support, information and resources to fulfil their role as the elected representatives of the community within the confines of this Policy; and,
• that information held by Council is made equally available and accessible to all candidates during the Election Period.
Council Policy
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2. SCOPE Application of this Policy Under the Local Government Act 1989, the Election Period starts on the last day candidate nominations for the elections can be received and ends at 6pm on Election Day. The 2016 Election Period commences from 12.00 noon on 20 September 2016 (nominations close at this time) and ends at 6.00pm on 22 October 2016 (Election Day). Staff, individual Councillors and the Council must act in accordance with this Policy at all times throughout the Election Period. Queries relating to the interpretation or application of this Policy must be directed to either the Chief Executive Officer (CEO) or Governance Co-ordinator. This Policy applies to all Councillors and Council Staff and Contractors during the Election Period and impacts upon: • the timing of the consideration and decision making for major policies; • timing of community consultation processes; • use of Council resources, including Staff; • the publication of written material by Council; • the timing and conduct of Council events and activities; • access to Council information; and • use of the media, including social media. 3. DEFINITIONS Election Period As defined by the Act as the period that:
(a) starts on the last day on which nominations for that election can be received; and,
(b) ends at 6.00pm on election day. CEO The Chief Executive Officer of Mansfield Shire Council or any
person appointed to Acting Chief Executive Officer in his/her absence.
Community consultation means a process where a group of individuals, organisations or
the broader community is invited to provide feedback on a matter that relates to an issue affecting the entire municipality or is a consultative process relating to a major policy decision by Council.
It does not include the provision of statutory notice relating to
planning permit applications or any other decisions.
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Council resources Includes Council stationery, vehicles, telephones, computers, office equipment such as photocopiers, Council staff and contractors.
Electoral material Printed or oral material that:
• publicises the strengths or weaknesses of a candidate in the Election;
• advocates the policies of the Council or a candidate; • responds to claims made by another candidate; • publicises the achievements of the elected Council.
Event or Function means any planned gathering or social occasion organised or
sponsored by Mansfield Shire Council. Major Policy Decision As defined by Section 93A(6) of the Act, which is a decision:
(a) relating to the employment or remuneration of a Chief Executive Officer under section 94, other than a decision to appoint an acting Chief Executive Officer;
(b) to terminate the appointment of a Chief Executive Officer under section 94;
(c) to enter into a contract the total value of which exceeds whichever is the greater of—
(i) $100,000 or such higher amount as may be fixed by Order in Council under section 186(1); or
(ii) 1% of the Council's revenue from rates and charges levied under section 158 in the preceding financial year (which is the equivalent of $116,400 based on 2014-15 rates and charges income);
(d) to exercise any power under section 193 if the sum assessed under section 193(5A) in respect of the proposal exceeds whichever is the greater of $100,000 or 1% of the Council's revenue from rates and charges levied under section 158 in the preceding financial year.
Public consultation Any process which involves the distribution of invitations to process members of the public, whether it be individuals, groups or
organisations within the municipality, to comment on or promote an issue, program or policy (whether existing or proposed). It does not include statutory notices required under Section 52 of the Planning and Environment Act 1987 in relation to planning permit applications (unless it can be defined as a ‘significant decision’).
Significant decision A decision that does not meet the definition of ‘major policy
decision’ under the Act, but would unnecessarily bind an incoming Council that either relates to the commitment of substantial expenditure or action, or a decision which affects the municipality and community that cannot be reversed.
the Act Local Government Act 1989.
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4. POLICY STATEMENT This policy has been developed to ensure transparency and the principles of good governance and accountability are practised by Councillors and staff in relation to the Council election period. 5. RESPONSIBILITIES The Chief Executive Officer (CEO) is responsible for: • the dissemination of this Policy to Councillors, Council staff and contractors; • monitoring of compliance with its provisions by Councillors and Council staff and
contractors; and, • approval of all written material prepared and published by Council, certifying that it does
not contain any electoral material as defined by the Act. The Governance Unit is responsible for vetting all publications prior to consideration for certification by the CEO. It is also responsible for maintaining a register of certified publications and information requests from Councillors and candidates. Councillors, Council Staff and Contractors are responsible for understanding and complying with the provisions of this Policy at all times during the Election Period. 5.1 Decision Making It is Council Policy that no significant decisions will be made during the Election Period, which includes major decisions as defined by the Act, as well as others that would have a substantial, ongoing impact upon an incoming Council, the municipality or community. Accordingly, the following types of decisions must not be made during the Election Period: Type of Decision Reason Approval of a contract with a total value of $116,400 or above.
Prohibited by Section 93A(6)(c) of the Act.
Approval of entrepreneurial arrangements with a total value of $116,400 or above.
Prohibited by Section 93A(6)(d) of the Act.
Remuneration for, or employment of, a Chief Executive Officer Note: Council is able to appoint an Acting CEO under the Act during the Election Period.
Prohibited by Section 93A(6)(a) of the Act.
Termination of the CEO Prohibited by Section 93A(6)(b) of the Act.
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Type of Decision Reason Decisions on matters that may have significant impacts on Council’s finances in future years.
While not a requirement of the Act, decisions that may have a major impact on the future financial position of Council, or that may unduly bind an incoming Council, should be avoided unless the matter is considered urgent and consideration during the Election Period is absolutely unavoidable. In such cases, the Chief Executive Officer must first give approval for an urgent decision on the matter to be made in accordance with the guidelines outlined below.
Decisions on community grants
While not a requirement of the Act it is considered inappropriate for any decisions on community grant funding allocations to be made during the Election Period.
Adoption of a major Council policy, a planning scheme amendment or strategy with significant implications for the municipality and the community.
While not a requirement of the Act, a decision relating to a key strategy or policy decision that will unduly bind an incoming Council should be avoided, unless the matter is considered urgent and consideration during the Election Period is absolutely unavoidable. In such cases, the Chief Executive Officer must first give approval for an urgent decision on the matter to be made in accordance with the guidelines outlined below.
Decisions around sensitive community or political issues.
While not a requirement under the Act, it is considered inappropriate for an incumbent Council to make a decision on an issue known to be controversial or sensitive, unless the matter is considered urgent and consideration during the Election Period is absolutely unavoidable. In such cases, the Chief Executive Officer must first give approval for an urgent decision on the matter to be made in accordance with the guidelines outlined below.
The Chief Executive Officer must consider the following before giving approval for a decision being made on a significant issue (not a decision prohibited by the Act) during the Election Period: • the urgency for a decision to be made; • whether or not the matter was known or foreseen in the lead up to the Election Period,
so as to provide an opportunity for a decision to be made outside of the Election Period;
• if there are any significant financial or legal implications if the decision is not made; • whether or not the deferral of a decision breaches or compromises any statutory
requirement under another Act or Regulation, and what the consequences of such a breach are; and,
• whether the decision is in the best interests of the Council and the community.
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5.1.1 Application to the Minister in Exceptional Circumstances Section 93A(2) states that Council may apply to the Minister in writing for an exemption to enable it to make a major decision if it believes there are extraordinary circumstances that require a major policy decision to be made. It is policy that a Council resolution is required to determine whether an application for an exemption will be made to the Minister under section 93A(2) to allow a major policy decision to be made if extraordinary circumstances exist. 5.2 Council Publications Section 55 of the Act sets limitations on Shire publications produced during the election period to ensure that it does not publish material that may be seen to influence people’s voting decisions. Section 55D refers specifically to “an advertisement, handbill, pamphlet or notice” but must be interpreted more broadly to include documents that are produced for communicating with the community such as: • Advertisements and public notices (including advertisements for events); • Publication of material on Council’s website, Facebook page and other social media; • Media Releases; • Publication or hard copy distribution of Councillors’ speeches; • Leaflets, pamphlets and brochures; • Council newsletters; • Emails used for broad communication with the community; and • Mail outs and emails to a large number of people (more than 20 recipients). It is policy that:
• The Chief Executive Officer must not certify any publication that contains electoral material.
• All Council media releases, publications, advertisements and public notices must be certified by the CEO in writing prior to publishing, printing or distribution, whether the publication is produced by Council OR a third party on behalf of Council (ie where Council’s logo is to be displayed).
• All material must be vetted by the Governance Unit prior to submission to the CEO for certification, in accordance with Section 55 of the Act as not containing reference to any of the following:
- a candidate in the election - a current Councillor - an issue before the electorate - a response to any claim made by a candidate.
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• Certification of all publications must be made in writing by the CEO and will be reflected by placing the following statement on the document:
“This publication/advertisement/notice (whichever is applicable) has been certified by Alex Green, Chief Executive Officer, Mansfield Shire Council, as not containing any electoral material in accordance with section 55 D of the Local Government Act 1989. Dated .....2016.”
• Information on Council’s website, Facebook page or in the Mansfield Matters section of the Mansfield Courier will be limited to that which relates to factual details about the Election and the Electoral process as deemed appropriate by the Victorian Electoral Commission.
• New posts on Council’s Facebook page will be limited only to lost animals, emergency
information related to natural disasters and factual information about the Election as deemed necessary by the Victorian Electoral Commission.
• Information on Council’s website or other forms of electronic media relating to the current Council will be limited to Councillors’ names and contact details in recognition that they still have duties to perform during the Election Period. All other Councillor images and profile material will be removed from all electronic media and Council buildings.
A Register of certified documents will be maintained by the Governance Unit. It is noted that the CEO cannot delegate the task of certifying publications to another Officer under Section 55D(3) of the Act. 5.3 Exemptions A provision of the Local Government Amendment (Improved Governance) Bill 2015 that is not yet enacted exempts certain types of publications from the prohibitions outlined in Section 55D as follows:
63 Amendment of section 55D—Prohibition on Council After section 55D(1) insert—
"(1A) For the purposes of subsection (1), the publication of a document of a kind specified in that subsection does not include—
(a) publication of any document published before the commencement of the election period; and
(b) publication of any document required to be published in accordance with, or under, any Act or regulation.
Section 133 of the Act states that all councils must prepare an Annual Report and submit it to the Minister within three months after the end of the financial year being reported on. That is, a deadline of 30 September 2016. Council must also give notice that the Report has been prepared and adopted, as well as being available for inspection on the Shire’s website and at Council’s Office.
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It is policy that: • The Chief Executive Officer will ensure that Council’s 2014-15 Annual Report is not
circulated for public comment or noted by Council during the Election Period. • The Annual Report, which must be submitted to the Minister under Clause 133 of the
Act by 30 September 2016, will be reviewed and certified by the Chief Executive Officer to ensure it does not contain any electoral material. Information about the incumbent Council will be limited to that which is required by the Act’s provisions around Annual Report content.
5.4 Penalties in relation to the publication of electoral material It is an offence to breach section 55D of the Act. A CEO who intentionally or recklessly certifies a publication containing electoral matter or a Councilor or member of staff who intentionally or recklessly authorises, prints, publishes or distributes uncertified publications containing electoral matter are considered to have breached the Act. As such, a breach may be prosecuted in Court and if the person is found guilty, they may be fined up to 60 penalty units. 5.5 Council publications during the Election Period Staff • Wherever possible, Council publications will not be released during the Election Period,
other than those that relate to the conduct of the Election itself.
• When publications are released, they must not be used in any way that might be construed as influencing the outcome of an election, including material about the performance of an incumbent Council or Councillor, candidate or issue that is likely to affect voting.
• Council publications will not contain Councillor photographs but will include their contact details if it is necessary to support them in conducting their duties as current elected representatives.
• Press releases or other such media statements must not feature any photograph, quote or name of incumbent Councillors. Quotes must be from the CEO only.
• Publicity campaigns will only be undertaken during the Election Period if they relate to the process of conducting the Election, as agreed with the Victorian Electoral Commission, or are deemed as being necessary for the conduct of a normal Council service or function. All campaigns are to be signed off by the Governance Co-ordinator and the CEO prior to being undertaken.
• Council staff must not make any public statement that can be interpreted as political comment or have influence on the electoral process.
• All requests for staff to comment on sensitive or political issues are to be referred to the CEO.
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• The Shire’s segment on local radio will only involve the CEO. Information provided during this segment must only convey information about usual Council services or functions. There must be no comment on candidates or any issues surrounding the election, aside from providing information about electoral processes.
Councillors • The Mansfield Shire Council logo, any logo developed by Mansfield Shire, or any
images which are the property of the Shire must not be used in any electoral material produced by candidates.
• Individual Councillors may make statements as candidates in the election provided that they are clearly communicated as personal opinions and do not undermine the standing of Council within the community. Such statements must not be prepared by Shire staff. This ensures sitting Councillors, who are also candidates, are afforded the same opportunities as other candidates.
• Sitting Councillors may refer to adopted Council policies or decisions but there should be a clear distinction between the adopted Council position and any political commentary the candidate may wish to make.
• No media advice or assistance will be provided to Councillors on election campaign matters or in regards to publicity that involves specific Councillors.
• Councillors may still refer to themselves as ‘Councillor’ during the Election Period however, to avoid confusion, they must ensure that any election publication using the title ‘Councillor’’ clearly indicates that it is their own electoral material and does not represent views of the Council.
• No electoral material may be placed in the Shire office or the Council library. This does not include material produced by the Returning Officer or Victorian Electoral Commission for the purposes of conducting the election.
5.6 Council Correspondence, the Annual Report and Council agendas/minutes Correspondence • Emails associated with the normal conduct of Council business are not required to be
certified by the CEO unless the email is to be used for broad communication with the community (there are more than twenty (20) recipients for the email).
• Mail outs or form letters sent to more than twenty (20) recipients must be certified by the CEO prior to finalisation, printing and distribution.
Council Agendas and Minutes • Council is still able to conduct its usual meetings during the Election Period as it is a
core function of the elected Council. Council meetings will, therefore, continue as normal during this time.
• Council agendas and minutes will not be printed, distributed or published in any way that is different from that which is normal.
• The CEO will ensure that no items require Council to make a decision that breaches either the Act or this Policy.
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5.7 Public Consultation The CEO and Executive Management Team recognise the importance of complying with the ‘spirit’ of the limitations implemented by the Act during the Election Period. The conduct of public consultation processes during the Election Period may be seen to be against this ‘spirit’, therefore a clear policy position is required to identify what types of consultation processes can and cannot be undertaken during the Election Period, based on their capacity to be seen as an election issue or to have a bearing on the outcome of the election. It is policy that: • No public consultation process will be conducted by Council, Council Staff or any other
third party contracted by Council during the Election Period in relation to a significant issue, as defined by this Policy, or any other issue that is considered to be contentious or be relevant to the election.
• Where public consultation processes have been conducted just prior to the Election
Period, the outcomes and findings of such processes must not be reported upon to either Council, the community or the media during the Election Period.
5.8 Attendance at Functions and Events Mansfield Shire must not be seen, in any way, to be promoting the achievements of an incumbent Councillor or Council or influencing the outcome of the election through the use of functions or events. The CEO will ensure that the scheduling of functions and events avoids the Election Period. Councillors may still attend conferences, dinners and other events organised by third parties in their official capacity. It is policy that Council organised events and functions held during the Election Period will: - relate only to those essential to the operation of the Council; and, - have CEO approval prior to invitations being sent. 5.9 Responsibilities relating to Council Functions and Events during the Election
Period Staff • Written material advertising the event or disseminated at the event must be certified by
the CEO prior to printing and dissemination.
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Councillors • Councillors may make a speech at a Council event, however any speech must be
certified by the CEO as not containing any electoral matter. • If invited to make an unexpected speech or comment at a Council event, Councillors
must represent Council and must not use the event for any form of electioneering, including comments on issues which may affect the outcome of the election.
5.10 Use of Council Resources The following guidelines are to ensure that sitting Councillors, who are also candidates in the Election, do not gain any electoral advantage through the use of Council resources. Council Staff must not assist Councillors in any way that can be perceived as pertaining to the election. Incumbent Councillors do, however, still have a duty to represent the community. This means that the Officer support provided to Councillors to assist them in undertaking their day-to-day duties as duly elected representatives will continue to be provided during the Election Period. General correspondence to Councillors will also be processed and dealt with as normal, unless otherwise stated below in this Policy. Councillors are reminded of the provisions of 76D of the Act, Misuse of Position, which includes the following:
‘76D Misuse of position (1) A person who is, or has been, a Councillor or member of a special committee
must not misuse his or her position— (a) to gain or attempt to gain, directly or indirectly, an advantage for themselves
or for any other person; or (b) to cause, or attempt to cause, detriment to the Council or another person.
Penalty: 600 penalty units or imprisonment for 5 years or both.’
It is policy that: • The Chief Executive Officer must sign any response to correspondence received by
Councillors in relation to any major policy decision (as defined by the Act), significant decision (as defined by this Policy) or any other controversial matter that may be perceived to influence the outcome of the election.
• Council resources such as photocopiers, the Council logo and Council stationery must not be used for any electioneering activity.
• Where Councillors have Council funded services (such as mobile phones, landlines and internet connections), Councillors must reimburse Mansfield Shire for usage of those services that relate to electioneering (anything other than necessary costs incurred in conducting normal Council duties).
• Councillors must not, in any way, exert undue influence over the timing of works or the delivery of Council services that may result in political gain for electoral purposes.
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• Councillors who are candidates must not ask the Chief Executive Officer, nor Councillor Support staff to undertake any tasks indirectly or directly connected with a candidate’s election campaign.
• No assistance will be given to any sitting Councillor or candidate in relation to matters relating to the media.
• All requests for comment by the media must be forwarded to the Chief Executive Officer. Only the Chief Executive Officer will represent Council If it is absolutely necessary for a comment or media appearance to be made on any issue, whether pertaining to the election or not.
5.11 Council Resources during the Election Period Staff • Where a staff member wishes to be involved in a private capacity in the campaign of
any candidate, the staff member must ensure that all election related activity is strictly carried out after working hours and that no Council resource is used in their electoral activities.
• Any staff member involved privately in the campaign of any candidate must: o Seek approval of the CEO of their involvement; o take the necessary action to clearly separate their working and private activities; and, o avoid conflict of interest that may arise between their support of a particular
candidate and their employment at the Shire. 5.12 Access to Council Information All candidates must have equal access to public information held by the Shire that is relevant to the election. However, neither candidates nor sitting Councillors will be provided with information or advice from Council staff that could be perceived to support an election campaign. It is policy that: • Information circulated to any Councillor or the Council by Council Staff must relate only
to the carrying out of Councillor functions. • Information and briefing material prepared by staff and circulated to a Councillor or the
Council (such as via the Councillor Communique) must not relate to any election issues or matters that might be perceived to be of an electoral nature.
• All requests for information received from Councillors and candidates are to be directed to the Governance Unit. A register of such requests will be kept, and made public, detailing the nature of the request and whether or not information was provided in response to that request.
• Once the information request has been reviewed by the Governance Unit, it will be referred to the relevant Departmental Manager or Chief Executive Officer for a response. Only Managers or the CEO may respond to Councillor or candidate information requests.
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• Any requests for information relating to the conduct of the election will be referred to the appointed Returning Officer appointed by the Victorian Electoral Commission.
Councillors must note that Section 76D of the Act prescribes serious penalties for any Councillor who has inappropriately made use of their position, or information provided to them in their role as Councillor, to gain any kind of advantage. 6. REFERENCES • Local Government Act 1989 • Mansfield Shire Councillor Code of Conduct 2013 7. IMPLEMENTATION Once endorsed by Council this policy is effective from 16 February 2016. 8. REVIEW DATE This policy will be reviewed and adopted a minimum of twelve (12) months prior to the next Election as per Section 93B2(b) of the Act. 9. AUTHORISATION TO IMPLEMENT POLICY In accordance with the Local Government Act 1989, this Policy must be endorsed by the Mansfield Shire Council. Signed: ______________________ Witnessed: ______________________
Councillor Chief Executive Officer Dated: 16 February 2016
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Mansfield Shire Council – Ordinary Meeting of Council: 16 February 2016
69.
10. OFFICER REPORTS CONT. 10.7 Mansfield Shire Council Plan 2013-2017 Quarterly Report:
October - December 2015 Quarter File Number: E107 Author: Governance Co-ordinator, Dawn Bray Disclosure of Conflicts of Interest No conflicts of interest were declared by: · Chief Executive Officer – Alex Green · Tourism & Economic Development Manager – Ian Geer · Community Services Manager – Louise Knol · Human Resources Manager – Sharon Scott · Development Services Manager – Michael Bismire · Engineering & Works Manager – Amer Tawfik · Finance and Information Services Manager – Cheryl Nickels Beattie Introduction This report provides an update on the Mansfield Shire Council Plan 2013 -2017 actions for the second quarter of the 2015-16 financial year. Background The annual review of the 2013-17 Council Plan was undertaken as part of the annual budget process. Consequently updated Plan was adopted at the 16 June 2015 Council meeting. This report provides commentary and a status update on the progress of all Council Plan Actions relevant to the 2015-16 financial year. The mechanisms to track and report on progress of Council Plan actions is underway, as required by Action 1.1.3 of the Plan. Minor amendments to this report have been made to clearly identify the status of each action. Statutory Requirements The Local Government Act 1989 requires Council to prepare a Council Plan within six months of a Council election. There is no statutory requirement to prepare update reports relating to the implementation of a Council Plan, however the provision of regular updates to Council and the community demonstrates our commitment to good governance.
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Mansfield Shire Council – Ordinary Meeting of Council: 16 February 2016
70.
10.7 Mansfield Shire Council Plan 2013-2017 Quarterly Report: October - December 2015 Quarter Cont.
Council Plan The regular reporting of actions undertaken by the Organisation to implement the Council Plan is consistent with Plan’s objectives around accountability, integrity and inclusion. Action 1.1.3 of the Council Plan relates to the introduction of a quarterly performance reporting system, of which this report is a key component. Financial The Strategic Resource Plan forms part of the Council Plan, which identifies the financial and other resources required to achieve the Plan’s Strategic Objectives (or goals). The annual review of the Council Plan is undertaken during the budget preparation process to ensure that appropriate resources are allocated to support the completion of Actions during the current financial year. Social The Council Plan was developed in consultation with the local community and aims to capture their goals and aspirations. Environmental One of the themes within the current Council Plan includes the objective of “Improving Our Built and Natural Environment”, which contains a number of projects and initiatives to maintain and enhance the built and natural features that make the Shire unique and special. Risk Management The tracking of progress on Council Plan actions each quarter is an important risk management tool to ensure that Council is fulfilling its Strategic Objectives. Community Engagement No community consultation has been undertaken to inform the preparation of the Quarterly Report. Officer’s Comments Five actions were completely this quarter, namely: 1.1.2 – Implement a business planning framework and staff performance and development system. 1.4.1 – Refine the assessment of our asset renewal gap. 1.4.2 – Implement the findings of our Asset Renewal Gap Analysis.
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Mansfield Shire Council – Ordinary Meeting of Council: 16 February 2016
71.
10.7 Mansfield Shire Council Plan 2013-2017 Quarterly Report: October - December 2015 Quarter Cont.
1.4.4 – Implement the recommendations of the roads and bridges asset audit to support the reduction of Council’s asset renewal gap. 4.3.1 – Review the fixed infrastructure managed by Council to identify service gaps. Three actions were completed the previous quarter (July - August 2015), namely: · 2.4.1 – Development of a project scoping system for major projects and infrastructure; · 5.1.4 – Annual reporting requirements around Council’s Municipal Public Health and
Wellbeing Plan 2013 – 17; and, · 5.4.1 – Increased use of advisory committees through the appointment of
representatives to the Recreation Advisory Committee. Of the 48 Council Plan actions, 9 have been completed. Two actions have been deferred: 2.3.3 – redevelopment of Council’s website 2.3.4 – delivery of an annual Good Governance program. One action is yet to commence - 3.4.1 Review of the Arts, Culture and Heritage Plan. Ninety five per cent (95%) of Council Plan actions are currently in progress. Councillors Bate/Attley: That the Council note the Council Plan Quarterly Report for the October - December 2015 quarter.
Carried
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Mansfield Shire Council – Ordinary Meeting of Council: 16 February 2016
72.
ATTACHMENT 10.7
COUNCIL PLAN QUARTERLY REPORT: OCTOBER - DECEMBER 2015 QUARTER
(19 PAGES)
72
Quarterly Update – Quarter Two 2015-16 (October to December)
1
1. Driving Organisational Performance and Resource Management 1.1 An efficient and effective administration that delivers the Council Plan
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
1.1.1 Continuously review resources and service levels.
CEO
In progress.
Not started In progress Completed Deferred
1.1.2 Implement a business planning framework and staff performance and development system that creates linkages between the Council Plan, departmental priorities and corporate performance measures.
HRM Action completed. Process to be managed annually.
Not started In progress Completed Deferred
1.1.3 Deliver a quarterly performance reporting system which tracks the delivery of the Council Plan, departmental business plan actions and corporate performance measures, and complies with new Statement Government requirements.
CEO
In progress.
Not started In progress Completed Deferred
1.1.4 Address requirements of new State rate capping Policy.
CEO Action completed. The State Government has announced a rate cap of 2.5%. This is forming the basis of the budget development for 2016-17.
Not started In progress Completed Deferred
73
Quarterly Update – Quarter Two 2015-16 (October to December)
2
Driving Organisational Performance and Resource Management Cont. 1.2 We are an employer of choice that attracts high performing, highly skilled and motivated staff.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
ACTION COMPLETE - NO LONGER ACTIVE
1.2.1 Implement the recommendations from the Mansfield Shire organisational culture initiative around our Values, Internal Processes and Professional Development.
Action completed. No further action required.
1.2.2 Develop and implement programs that ensure Council becomes an employer that attracts high performing, highly skilled and motivated staff.
HRM Presentation to EMT by CT Management delivered late November. Feedback and recommendations for stage 2 of program with a focus on Workforce Planning
Not started In progress Completed Deferred
1.2.3 Finalise new Enterprise Agreement
HRM Final Management offer has been presented. Council expect to be in a position to commence the ‘Access Period’ on or around 17 February, with an indicative date for an all staff vote being 2 March.
Not started In progress Completed Deferred
1.2.4 Review existing and develop new employment policies based on the needs of the organisation’s legislative requirements and best practice arrangements elsewhere.
HRM Ongoing
Not started In progress Completed Deferred
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Quarterly Update – Quarter Two 2015-16 (October to December)
3
Driving Organisational Performance and Resource Management Cont. 1.3 Council will prudently and successfully improve its financial position.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
1.3.1 Prepare and implement a long term financial plan which is based on service plans, agreed service standards, adequately funds the asset renewal gap and sets realistic targets around rate increases, liquidity and the use of loans to fund projects.
FISM 2015-16 Budget process is underway which includes a long term capital plan. Discussions with an alternative software provider are underway to provide a comprehensive package to include service planning, capital prioritisation and long term financial plans.
Not started In progress Completed Deferred
ACTION COMPLETE - NO LONGER ACTIVE 1.3.2 Identify program areas where cost
shifting from Federal and State Governments has occurred in recent years to review whether or not Council should continue to fund these functions and/or lobby for contributions to cover our costs, noting dependencies that affect Council.
Action completed. No further action required.
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Quarterly Update – Quarter Two 2015-16 (October to December)
4
Driving Organisational Performance and Resource Management Cont. Goal 1.4 Council has well informed and effective asset management systems.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
1.4.1 Refine the assessment of our asset renewal gap through development of Asset Management Plans and Registers.
EWM Action completed. No further action required.
Not started In progress Completed Deferred
1.4.2 Implement the findings of our Asset Renewal Gap Analysis.
EWM Action completed. No further action required.
Not started In progress Completed Deferred
ACTION COMPLETE - NO LONGER ACTIVE 1.4.3 Review, refine and implement all
asset management plans.
Action completed. No further action required.
1.4.4 Implement the recommendations of the roads and bridges asset audit to support the reduction of Council’s asset renewal gap.
EWM Action completed. No further action required.
Not started In progress Completed Deferred
1.4.5 Complete and assess results of an audit of Council’s land assets to identify opportunities for rationalisation where the whole of life maintenance costs exceeds the community benefit.
CSM Preliminary scoping works commenced
Not started In progress Completed Deferred
76
Quarterly Update – Quarter Two 2015-16 (October to December)
5
1. Driving Organisational Performance and Resource Management Cont. Goal 1.5 Our services are cost effective and show continuous improvement.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
ACTION COMPLETE - NO LONGER ACTIVE 1.5.1 Expand the utilisation of
geographical information services (GIS) databases to streamline approval processes, improve asset management and achieve efficiency gains in plant utilisation.
Action completed. No further action required.
ACTION COMPLETE - NO LONGER ACTIVE 1.5.2 Develop and implement a
transitional action plan to upgrade Council’s software to best practice standards.
Action completed. No further action required.
77
Quarterly Update – Quarter Two 2015-16 (October to December)
6
Good Governance Goal 2.1 Council is a successful advocate on issues that impact on our community.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
2.1.1 Lobby to influence policy changes and funding decisions of the new State Government and during the lead up to the 2016 Federal election, making use of other agencies where appropriate.
CEO Draft priority projects lists developed.
Not started In progress Completed Deferred
2.1.2 Actively represent Mansfield’s interests through Councillors and senior management involvement in key forums and membership of key associations/peak bodies.
CEO
In progress.
Not started In progress Completed Deferred
78
Quarterly Update – Quarter Two 2015-16 (October to December)
7
Good Governance Cont. Goal 2.2 Council has productive partnerships with key organisations and decision makers.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
2.2.1 Continue to advocate for improvements to telecommunication infrastructure and lobby relevant authorities which will assist community and business.
CEO
Kevington identified as the priority location for Round 2. Was included as one of the top three priority sites for the seat of Indi.
Not started In progress Completed Deferred
2.2.2 Work with CFA, Police, Ambulance Victoria and SES to understand future priorities and support them in achieving their goals.
DSM Meetings with relevant emergency agencies continued in the December quarter.
Not started In progress Completed Deferred
2.2.3 Maximise the use of partnerships (ie, Youth Partnership, Better Communities For Children Leadership Network, Active Mansfield, Primary Care Partnership, Asset Management) in achieving outcomes for our community.
CEO
In progress.
Not started In progress Completed Deferred
79
Quarterly Update – Quarter Two 2015-16 (October to December)
8
Good Governance Cont. Goal 2.3 A well governed Shire supported by effective communication with our community.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
2.3.1 Conduct a series of community forums and Council meetings across our communities, including the non-resident meeting in Melbourne.
CEO
Council meetings were held as per the advertised schedule.
Not started In progress Completed Deferred
2.3.2 Develop and implement guidelines to ensure there is effective and consistent engagement between Council, Shire staff and the community on matters of policy.
CEO • Social media continues to be utilised to engage with the community, with very good results. Monthly electronic newsletters continue to be distributed to subscribers. Emergency Management 'dark' pages for social media have been established and are regularly reviewed. These 'dark' pages will become live in the event of emergency and will provide the community with appropriate advice in relation to the incident.
• Council's Policy Framework is currently being reviewed, and a number of new and reviewed Policies are scheduled to be implemented.
Not started In progress Completed Deferred
2.3.3 Redevelop Council’s website to enhance the quality of information, its useability and interactive functions, including the introduction of services such as online payments and permit application registers.
FISM No further progress has been made this quarter.
Not started In progress Completed Deferred
80
Quarterly Update – Quarter Two 2015-16 (October to December)
9
Good Governance Cont. Goal 2.3 A well governed Shire supported by effective communication with our community cont.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
2.3.4 Deliver an annual Good Governance program to Council and Shire staff to ensure there is awareness of responsibilities under key legislation and Codes of Conduct.
CEO Deferred.
Not started In progress Completed Deferred
2.3.5 Provide support to the Finance and Audit & Risk Advisory Committee in providing independent oversight of Council’s financial management and risk functions.
FISM Support to Audit & Risk Advisory Committee is ongoing.
Not started In progress Completed Deferred
Goal 2.4 Council’s project management system ensures all major projects and infrastructure are delivered on time and within budget.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
2.4.1 Develop a project scoping system to ensure that key data about a project is available prior to commencement, to a degree consistent with the complexity of the project.
EWM Action completed. No further action required.
Not started In progress Completed Deferred
81
Quarterly Update – Quarter Two 2015-16 (October to December)
10
A Growing Economy
Goal 3.1 Our economic base is prosperous and diverse.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
3.1.1 Implement the 2013 Economic Development Strategy Review Action Plan as amended.
• Review the Mansfield Mt Buller-The
High Country brand. • Progress a determination on Council
owned industrial land (at Lakins Road, Mansfield) in relation to supply of industrial land.
• Advocate for and support ’green season’ nature based tourism.
• Strengthen relationships and maximise opportunities through ongoing involvement with key government agencies, peak bodies and business clusters.
• Create a Mansfield Shire food, wine and produce collective ’entity’ and assist in development and promotion of product.
TEDM • Reactivated discussion with consultants who commenced the Cultural Heritage Management Plan for Lakins Road industrial land
• Continuing discussions with Regional Development Victoria (principle funding agency for State Government economic development) that Council priority to progress detailed planning phase of Lakins Road industrial land
• Spring events season successfully delivered including High Country Festival, Targa High Country and Lake Eildon Festival
• Numerous Visiting Journalists hosted including what is referred to as a 'Social Media Influencer'
• Filming undertaken to refresh Council's film footage library including new Lake Eildon clip
• First stage of funding application for Paddock to Plate Agri-Tourism Alliance successful and full application lodged early January 2016
• Victorian Environment Advisory Council met with CEO and TEDM and staff to discuss a broad range of topics relating to land tenure and land management – draft discussion document released
Not started In progress Completed Deferred
A Growing Economy cont. Goal 3.2 Mansfield offers a competitive operating environment for business
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
3.2.1 Identify opportunities to focus economic development in outlying communities.
TEDM • Aberfeldy Track project completed and launched in partnership with DELWP
• Tourism & Economic Development Department Events Coordinator facilitated and processed seven Event Management Plans and Traffic Management Plans for business and community events. Eight EMPs are submitted to date for the first quarter of 2016
Not started In progress Completed Deferred
82
Quarterly Update – Quarter Two 2015-16 (October to December)
11
A Growing Economy cont. Goal 3.3 Mansfield attracts niche businesses that build on our strengths and complement our community values.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
3.3.1 Undertake further research to identify the business needs and market opportunities within the Shire and to ensure that potential businesses are well informed and able to build on Mansfield’s strengths.
TEDM A full calendar year of results have now been obtained and will be formally presented to Council in the next reporting quarter
Not started In progress Completed Deferred
Goal 3.4 Mansfield is a vital setting for Arts, Culture and Heritage.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
3.4.1 Review the Arts, Culture & Heritage Plan in partnership with key community groups and funding agencies.
CSM/ TEDM
Planned to commence February 2016
Not started In progress Completed Deferred
ACTION COMPLETE - NO LONGER ACTIVE 3.4.2 Prepare a thematic history of
Mansfield in accordance with Guidelines of Funding received from State Government.
Action completed. No further action required.
83
Quarterly Update – Quarter Two 2015-16 (October to December)
12
Improving our Built and Natural Environment. Goal 4.1 Our businesses, residents, ratepayers and visitors act responsibly and proactively to protect and enhance the environmental Features we value.
Council Plan Action Resp. Officer Description of work undertaken in current quarter
Status (check one only)
4.1.1 Implement the key actions of Council’s Environment Strategy as identified by the Environment Advisory Committee and adopted by Council.
DSM Final committee meeting for year conducted in December. Members thanked for their participation and asked to consider input to 2016-17 budget process around Action items.
Not started In progress Completed Deferred
4.1.2 Continue to advocate for meaningful resourcing for weed control, making use of the Pest Plants and Animals Plan as resource.
DSM The revised Roadside Weed and Pest Animal Control Plan for 2015/2016 was developed and submitted to Department of Environment, Land, Water and Planning (DELWP) as required by the funding agreement. Priority areas for weed control have been developed in conjunction with the Up2Us Landcare Alliance and are consistent with roadside weed mapping conducted in previous years.
Not started In progress Completed Deferred
4.1.3 Review and implement the Waste Management Strategy.
EWM Discussions have commenced with North East Waste and Resource Recovery Group (NEWRRG) determine level of assistance required in Strategy development.
Not started In progress Completed Deferred
4.1.4 Support community education programs for new residents in relation to responsible and effective land management practices.
DSM Permission has been sought from Up2Us Landcare Alliance to provide a link to their publication 'Mansfield Sustainable Land Management Booklet' on Council website. Publication will support information provided to new residents who contact Shire Customer Service staff.
Not started In progress Completed Deferred
84
Quarterly Update – Quarter Two 2015-16 (October to December)
13
Improving our Built and Natural Environment cont. Goal 4.2 Our Planning Scheme encourages land use and development that supports economic growth whilst maintaining characteristics of our Shire valued by the community.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
4.2.1 Progressively implement the actions contained in the Mansfield Shire Council Domestic Wastewater Management Plan project in partnership with local water corporations and the Department of Environment, Land, Water and Planning.
DSM Council resolved to exhibit Amendment C36, documentation was prepared and Ministerial Authorisation was sought with exhibition expected during the first quarter of 2016. MoU with regional water authorities was entered into in November following consideration by Council at its October meeting.
Not started In progress Completed Deferred
4.2.2 Adopt and complete and implement the Mansfield Township Structure Plan to manage future land use and development.
DSM Exhibition of Amendment C37 was completed with 19 submissions received. Initial assessmetn by coucnillors condcuted with formal consideation by Council during first quarter of 2016
Not started In progress Completed Deferred
4.2.3 Complete review the Mansfield Planning Scheme including preparation and exhibition of an appropriate Amendment and develop strategic planning work program from the Review recommendations.
DSM Currently on public exhibition. Refer Action 4.2.2.
Not started In progress Completed Deferred
85
Quarterly Update – Quarter Two 2015-16 (October to December)
14
Improving our Built and Natural Environment cont.
Goal 4.3 Mansfield has the infrastructure required to support economic and population growth.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
4.3.1 Review the fixed infrastructure managed by Council to identify service gaps that need to be addressed to meet current and future needs.
EWM Action completed. No further action required.
Not started In progress Completed Deferred
4.3.2 Prepare a Shire-wide drainage strategy, and progressively implement Mansfield township’s Drainage Strategy.
EWM Drainage strategies for Mansfield and Maindample townships were developed, several stages of these strategies have been implemented; completion of other stages is subject funding availability
Not started In progress Completed Deferred
4.3.3 Develop an understanding of gaps in our housing stock (ie seasonal housing demands and rental accommodation) which are impeding economic growth and develop actions to address issues arising.
TEDM Sector needs discussion planned with State Government's Regional Development Department 15 February
Not started In progress Completed Deferred
4.3.4 Implement programs that communicate infrastructure maintenance and service standards to the community, particularly new residents, as a means of managing their expectations as to what Council can reasonably provide.
EWM Engineering & Works developed an overall grading plan and a CAPEX program; these could be uploaded on Council website to inform the community.
Not started In progress Completed Deferred
4.3.5 Identify roads which are Council’s arterial road priorities in order to lobby State and Federal Government for funding, including Jamieson Licola and Mansfield Woods Point Roads.
CEO (EWM)
CEO and Engineering are working on a proposal to develop a road strategy for the shire with a project priority list for road improvements/ upgrade
Not started In progress Completed Deferred
86
Quarterly Update – Quarter Two 2015-16 (October to December)
15
Improving our Built and Natural Environment cont.
4.4 Council has strong partnerships with land and water management agencies.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
4.4.1 Work in partnership with Goulburn Murray Water and other lead agencies to deliver the key priorities of the Lake Eildon Land and On-Water Management Plan through participation in the Implementation Committee.
TEDM Numerous meetings facilitated by State Government attended, focussed on Lake Eildon recreational use issues. All Agencies endorse seeking funding to implement priorities of the Lake Eildon Recreational Boating Facilities Improvement Plan – Mansfield Shire Council to take a lead role in securing funding – meeting with State Government in February to commence development of funding application Next meeting of the Implementation Committee for endorsed plans is scheduled for February 18 Officers meeting to discuss maintenance Licence Agreements scheduled for early February
Not started In progress Completed Deferred
ACTION COMPLETE - NO LONGER ACTIVE
4.4.2 Progressively implement recommendations of the Lake Eildon Recreation Boating Facilities Improvement Plan.
Action completed. No further action required.
87
Quarterly Update – Quarter Two 2015-16 (October to December)
16
Empowered and Self Sufficient Communities 5.1 Our communities are connected, inclusive, healthy and resilient.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
5.1.1 Support, empower, understand and build resilience which is incorporated into the Community Planning process, including review and evaluation models.
CSM Tolmie community planning process for next Community Planning phase commenced with community engagement including meetings and consultation. Evaluaton scoping framework underway.
Not started In progress Completed Deferred
ACTION COMPLETE - NO LONGER ACTIVE
5.1.2 Identify and address gaps in the community planning and engagement process.
Action completed. No further action required.
5.1.3 Assist communities in the implementation of community plans through the provision of advice, advocacy, consultation and information on funding options as per Council’s Community Development Charter.
CSM Specific Actions for community groups including • Bonnie Doon Stronger Communities Project Round 1 and other projects
including Community Centre • Jamieson Stronger Communities Project Round 2 • Woods Point Regional Development Victoria discussions • Community Matching Fund Projects
Not started In progress Completed Deferred
5.1.4 In consultation with the community, review and implement Council’s Municipal Public Health and Wellbeing Plan 2013-17 incorporating Healthy Ageing policies.
CSM Action Complete. Target actions through Mansfield Primary Care Partnership, Central Hume Primary Care Partnership and Better Communities for Children Leadership Network with reporting to stakeholders including Council and Department of Health and Human Services.
Not started In progress Completed Deferred
88
Quarterly Update – Quarter Two 2015-16 (October to December)
17
Empowered and Self Sufficient Communities cont. 5.2 Mansfield’s community is supported by responsive, equitable and accessible services.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
5.2.1 Implement the Sport and Recreation Strategy.
CSM Youth Hub progressing Active Mansfield Network Actions Sport and Recreation Advisory Committee actions
Not started In progress Completed Deferred
5.2.2 Complete transition to new youth space – a hub for youth activities.
CSM Project underway with reference to Community Working Group.
Not started In progress Completed Deferred
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Empowered and Self Sufficient Communities cont.
5.3 Out community is able to prepare for an effectively manage natural disasters.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
5.3.1 Implement the recommendations of the Municipal Fire Management Plan in partnership with the Country Fire Authority, Department of Sustainability and Environment and local communities.
DSM Activity discussed with Fire Management Planning Committee - for implementation during 1st quarter of 2016. Terems of reference for Committee now finalised
Not started In progress Completed Deferred
5.3.2 Work with Emergency Service Agencies and the Municipal Association of Victoria in engaging with local communities to implement the State approach to the revised Emergency Management arrangements.
DSM/ CSM
Ongoing - all previous comments remain relevant for this recent period. Mail out to all property owners in the Sawmill Settlement & Changue Road areas confirming limitations of fire service reticulated water and reinforcing State Policy
Not started In progress Completed Deferred
ACTION COMPLETE - NO LONGER ACTIVE 5.3.3 Implement the findings of the
Bushfire Mitigation Study in partnership with the Country Fire Authority and Department of Sustainability and Environment to support small townships located in high bushfire prone areas to manage, and respond to, bushfire risk.
Action completed. No further action required.
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Empowered and Self Sufficient Communities cont.
Goal 5.4 We capitalise on the capabilities and talents of locals to achieve community aspirations.
Council Plan Action Resp. Officer
Description of work undertaken in current quarter
Status (check one only)
5.4.1 Increase the use of advisory committees and other such mechanisms that draw upon the capabilities and experience of individuals within the community to help shape and improve Council operations.
CEO
Continue to meet with community leaders, groups and business to understand issues and discuss the future vision for the community.
Not started In progress Completed Deferred
ACTION COMPLETE - NO LONGER ACTIVE 5.4.2 Develop the concept of “Skills
Bank” which identifies residents with diverse skills who could assist the Council and community.
Action completed. No further action required.
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10. OFFICER REPORTS CONT. 10.8 Draft Community Local Law No 2 – Meetings Procedures and Common Seal File Number: E3909 Responsible Officer: Governance Co-ordinator, Dawn Bray Disclosure of Conflicts of Interest The author of this report has no direct or indirect conflicts of interests as defined by Sections 77A and B, 78, 78A-E, 79 or 79 A-D of the Local Government Act 1989. Introduction This report seeks endorsement by the Council to notify the community of its intention to make a new Local Law and to place the draft Meetings Procedures and Common Seal Local Law on public exhibition for a period of 28 days, under Section 223 of the Local Government Act 1989 (the Act), as a means of seeking community input into the drafting of the Local Law. The release of the draft for public comment will also be complemented by the release of a set of Guidelines for Public Representations to Council Meetings. Background The current Community Local Law No. 1 Processes of Municipal Government (Meetings Procedures) was adopted by Council on 16 May 2006. In accordance with Section 122 of the Act, the Local Law lapses ten years from the date of adoption. This means that a new local law must be drafted and subjected to the required public consultation process under the Act. In drafting the new Local Law, the following has been undertaken:
· Consultation with Councillors;
· Consultation with senior members of staff and those involved in Council agenda preparation;
· Use of observations and experience during council meetings to identify what works and what doesn’t;
· Review of several recently adopted Local Laws from Councils around the State; and
· By ensuring the new draft complies with recent changes to the Act. The Local Law will apply to all Council meetings. The draft law also makes it clear that it applies any Section 86 committee it appoints at a future date (there are currently no such committees in operation). Statutory Requirements Section 91(1) of the Act requires councils to adopt a local law relating to meetings procedures for Council and Special Committees as a means of implementing the objectives of good governance, public participation and community representation.
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Councils must also have a common seal under Section 5(2), and put arrangements in place to ensure it is secure and only used with the relevant authority in accordance with a local law (Section 5(3c)). The Act also prescribes the process through which a local law must be created, which includes:
· a mandatory public exhibition period of no less than 28 days to seek community views on the draft Local Law;
· the 28 day period commences upon the date a notice is placed in the Government Gazette with details of the new law and how to make a submission;
· those who have made a written submission may also request an opportunity to make a verbal submission to council or a committee of council under Section 223 of the Act; and,
· a copy of the adopted Local Law must be sent to the Minister and a notice must be placed in the Government Gazette regarding its adoption.
A local law sunsets after 10 years, unless the local law specifies an alternative sunset date less than this timeframe. In 2008 the State Government released Guidelines for Local Laws and the Guidelines for Local Laws Manual in 2010, outlining how councils can achieve best practice when making a local law, as well as ensuring they comply with the requirements of the Act. One of the requirements is the preparation of a Local Law Community Impact Statement. An assessment of how a local law is consistent with the objectives and provisions of the Human Rights and Responsibilities Act 2006 and National Competition Principles is also required to be undertaken during the development of a local law. The draft Local Law has also been reviewed by Council’s solicitors, Maddocks, to ensure its provisions are consistent with various legislation and has been drafted appropriately. Council Plan The underlying principles of the draft Local Law are to ensure that through all Council and Special Committee meetings the following values are applied:
· respect – through the clarification of roles, statements around showing respect during meetings and clearly stating what kind of behaviour is expected during meetings;
· integrity – by clearly stating how meetings are to be conducted and by ensuring decisions are open and transparent through the removal of the ability to hold secret ballots;
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· inclusion and empowerment – through enhanced opportunities for community participation in Council meetings through questions to Council, petitions, submissions and presentations; and,
· accountability – by ensuring all meetings are conducted in a way that provides an opportunity for all viewpoints to be discussed and debated.
The Local Law is also a key means of supporting the theme of Good Governance. Financial There may be marginal cost savings through the provision of greater clarity around public participation in the council meeting process, as proposed by the draft Local Law. Social The draft Local Law seeks to enhance community participation in the council meeting process through greater clarity around the submission of questions to the public, how Council deals with petitions and through presentations to Council. Environmental There are no perceivable environmental impacts arising from the new draft Local Law. Economic There are no perceivable economic impacts arising from the new draft Local Law. Risk Management The draft Local Law is a key means through which Council ensures compliance with the provisions of the Act around good governance, conflict of interest, inclusive decision making and making informed decisions in the best interests of the community. It is, therefore, a key risk management tool. Clarification around the role of the Chair, Chief Executive Officer, how the community can actively participate in Council meetings and the insertion of provisions around how to deal with inappropriate behaviour during a meeting help mitigate any risks that may arise as a result of breaches of the Act or risks to individuals. Community Engagement The 28 day public exhibition period of the draft Local Law will be advertised through the following means:
· Notices in the Mansfield Courier, under Mansfield Matters, for four consecutive weeks;
· A notice in the Government Gazette; and
· An item under the ‘What’s New’ section on the front page of Council’s website.
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A brief Community Information Sheet has been prepared (refer to Attachment 2) to highlight key aspects of the draft Local Law and how to make a submission. As required by the Best Practice Guidelines, a longer Local Law Community Impact Statement (refer to Attachment 3) has also been developed to assist the community in understanding the key aspects of the draft Local Law. A set of Guidelines for Public Representations to Council Meetings has also been prepared under Clause 19.1 of the draft Local Law to assist the community in understanding how they can participate in Council meetings. These Guidelines will be released in conjunction with the draft Local Law. Through the above actions, Council is complying with the Guidelines for Best Practice Local Laws, released in 2008 by the then Department of Planning and Community Development. Officer’s Comments The draft Local Law (refer to Attachment 1) addresses a number of technical and administrative issues that have arisen from the current Local Law such as clarifying its commencement and sunset dates and defining penalty units as required by the Infringements Act 2006. It also provides more clarification about the use and protection of the Common Seal. The draft law clarifies the role of the Chief Executive Officer in Schedule 1, while Schedule 2 provides for a form for Councillors should they wish to request a rescission motion. These schedules are designed to facilitate the efficient and consistent operation of Council meetings. Aside from these insertions when compared to the existing Local Law, the other key changes are as follows:
· The requirement that the election of Mayor must be held at a public meeting and by way of show of hands. Clarification is also provided that the position of Deputy Mayor is to be conducted in the same way as the Mayor (Clause 10);
· The deletion of provisions allowing secret ballots to be undertaken as they are seen to be contrary to the values of transparency and accountability (and these provisions have not been used during the life of the existing Local Law);
· Clarification of the Chair’s roles and responsibilities, including the insertion of provisions around disallowing motions that are defamatory or outside the powers of Council (Clause 12);
· Inclusion of more detailed provisions around community participation at meetings, question time, the receipt of joint letters/petitions and presentations to and from the Community (Clauses 19 and 20);
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· The ability for a petition/joint letter or submission to Council to be disallowed, or a verbal presentation by any community member or Councillor halted if it is contrary to the Charter of Human Rights or is disrespectful or abusive (Clauses 19 and 20);
· Inclusion of statements around expected behaviours and conduct of all present at meetings to ensure they are conducted in an orderly and respectful manner (Clause 32);
· Removal of the right for Councillors to debate the Chair’s ruling on a Point of Order and deletion of the need for a motion to extend speaking times, thereby reinforcing the importance of the Chair in managing the meeting and ensuring compliance with the Local Law. These changes are also designed to make meetings less confusing for members of the public and more efficient;
· Clarification that Notices of Motion must be received from Councillors within five (5) business days to enable them to be included on the next available Council agenda (Clause 60);
· Insertion of a provision that the Chief Executive Officer may reject a notice of motion if it is defamatory, vague or outside the powers of Council (Clause 61);
· Clarification that the CEO must ensure no further action is taken to implement a resolution if a Notice of Rescission has been made in accordance with the Local Law (Clause 68);
· Provision of a definition of what constitutes urgent business to ensure that business not included on the distributed agenda is only considered at a meeting if it is urgent (Clause 71);
· Extension of timelines for the circulation of agendas to Councillors and the Community from two to four business days, unless an urgent meeting is required, where agendas must be circulated no less than 48 hours of the meeting (Schedule 1);
· Clarification around the use of the Common Seal and the inclusion of a new offence should the Seal be used without authority or the use of a replica (with a penalty of 10 penalty units);
· Summary of offences under the Local Law in Part 10 to ensure consistency with the Infringements Act 2006.
Overall, the new draft Local Law is designed to maximise the efficiency and efficacy of Council meetings, ensuring they are accessible and understandable by members of the community. The draft Guidelines for Public Representations to Council Meetings (prepared under Clause 19.1 of the draft Local Law) is designed to clarify how the community can participate in Council meetings. It is best practice to exhibit any documents that support a local law at the time the local law is being made in order to provide a complete picture to the community. The draft Local Law supports the principles of the Charter of Human Rights and does not breach any National Competition Principles.
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Accordingly, the draft Local Law should be placed on public exhibition as a means of seeking community input into its provisions. It is recommended that all Councillors be appointed to the Committee to consider all written and verbal submissions made under Section 223 of the Act given the importance of this draft Local Law. Councillors Attley/Hogan: That Council: 1. Express its intention to make a new local law relating to meetings procedures
and the use of the Common Seal and create a set of Guidelines for Public Representations to Council under Clause 19.1 of the draft Local Law.
2. Endorse the public exhibition of the Draft Community Local Law No.2 Meetings
Procedures and Common Seal Local Law 2016 and Guidelines for Public Representations to Council for a period of 28 days, and in accordance with Section 223 of the Local Government Act 1989, by way of: - a notice in the Government Gazette;
- four consecutive notices in the Mansfield Courier, under Mansfield Matters; - an item under the ‘What’s New’ section of Council’s website; and - posting of an Information Sheet and Local Law Community Impact Statement
on Council’s website and distribution of printed copies to the Mansfield Library and Municipal Office.
3. Appoint all Councillors to the Committee to consider all written submissions
and to hear any verbal submissions received within the 28 day exhibition period, in accordance with Section 223 of the Local Government Act 1989.
Carried
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ATTACHMENT 10.8
DRAFT COMMUNITY LOCAL LAW NO 2 –
MEETINGS PROCEDURES AND COMMON SEAL
(50 PAGES)
98
DRAFT
COMMUNITY LOCAL LAW NO. 2
MEETINGS PROCEDURES AND COMMON SEAL LOCAL LAW 2016
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TABLE OF CONTENTS
PART 1 PRELIMINARY ...................................................................................................... 5
1. Title ........................................................................................................... 5
2. Objectives of this Local Law ..................................................................... 5
3. The Power to Make this Law .................................................................... 5
4. Commencement Date ............................................................................... 5
5. Revocation Date ....................................................................................... 5
6. Repeal of Local Law ................................................................................. 5
7. Application of this Local Law .................................................................... 5
8. Responsibilities of the Chief Executive Officer ......................................... 6
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PART 1 PRELIMINARY
1. Title
This Local Law is the Mansfield Shire Council’s Meetings Procedures and Common Seal Local Law 2016, referred to throughout this document as “this Local Law”.
2. Objectives of this Local Law
The objectives of this Local Law are to:
a) provide for the orderly conduct of Council meetings, Special Committee meetings and other meetings conducted by, or on behalf of, the Council where Council has resolved that the provisions of the Local Law are to apply; and
b) provide procedures for efficient, fair and open decision making; and
c) promote and encourage community participation in the system of local government by providing mechanisms for the Council to ascertain the community’s views and expectations; and
d) regulate and govern the:
(i) election of the Mayor, the Deputy Mayor and the Chair of any Special Committee; and
(ii) administration of the Council’s powers and functions; and
(iii) use of the Common Seal; and
e) provide generally for the peace, order and good government of the municipal district.
3. The Power to Make this Law
The Council’s power to make this Local Law is contained in Section 111 of the Act.
4. Commencement Date
This Local Law comes into operation on 17 May 2016.
5. Revocation Date
This Local Law ceases to operate on 17 May 2026, unless revoked sooner by Council.
6. Repeal of Local Law
On the commencement of this Local Law, the Community Local Law No 1 Process of Municipal Government (Meeting Procedures), adopted by Council on 25 May 2006 is revoked.
7. Application of this Local Law
This Local Law will apply to all meetings of the Council, Special Committees and any other committees established by Council where Council has resolved that the provisions of this Local Law are to apply.
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8. Responsibilities of the Chief Executive Officer
The responsibilities of the Chief Executive Officer under this Local Law are contained in Schedule 1.
9. Definitions
In this Local Law, unless inconsistent with the context:
Act the Local Government Act 1989. Agenda the notice of a meeting setting out the business to be
transacted at the meeting. Amendment a proposed minor alteration to the wording of a
motion without it being contradictory to that motion. Authorised Officer a person or agent appointed as an authorised officer
under Section 224 of the Act. Assembly of Council means a meeting of an advisory committee of the
Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half of the Councillors and one member of Council staff as defined under Section 76AA of the Act.
Chair the person who chairs a meeting and includes an acting, temporary or a substitute Chair.
Chief Executive Officer the person appointed by the Council to be its Chief Executive Officer or any other person acting as Chief Executive Officer.
Conflict of Interest a conflict of interest, whether direct or indirect, under Division 1A of the Act.
Council Mansfield Shire Council. Councillor a person who is an elected member of the Council
who has taken the oath of office in accordance with Section 63 of the Act.
Council Meeting includes Ordinary and Special Meetings of the Council.
Common Seal the Common Seal of Council as required by Section 5(2)(b) of the Act.
Deputation verbal presentation from a member of the community that has a direct interest in an Item listed on the Agenda.
Deputy Mayor the Councillor appointed by the Council to act as Deputy Mayor.
Division a formal count and naming of those Councillors who vote for, those who vote against, and those who abstain from voting on, a motion.
Formal Motion a motion which relates to a procedural matter only and which is not intended to produce any substantive result, that is it is used merely as a formal procedural measure to assist with the flow of Council business.
Majority of votes the votes cast by a majority of the Councillors or
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members of the Special Committee present at a meeting at the time the vote is taken.
Mayor the Councillor appointed by the Council pursuant to Section 71 of the Act and any person acting as Mayor.
Member a person who is entitled to vote at a meeting of the Council or Special Committee of the Council.
Minister the Minister responsible for administering the Act. Municipal district the municipal district of the Mansfield Shire Council. Minutes the records of proceedings of a Council, Special
Council or Committee meeting as defined by Section 93 of the Act.
Notice of Motion a notice in writing, including a Councillor initiative, setting out the text of a motion/item which it is proposed to be moved at the next relevant meeting.
Ordinary Meeting a meeting of the Council at which general business of the Council may be transacted, as described in Section 83(a) of the Act.
Penalty Unit as defined in the Penalties and Sentencing Act 1991 Quorum the minimum number of Members of the Council or of
a Special Committee, at least a majority, who must be present for the valid transaction of business.
Replica means any representation which purports to be, looks like, or is capable of being mistaken for the Common Seal or misleading a person into believing it is used with the authority of the Council.
Resolution a formal determination by a meeting of Council or Special Committee.
Senior Officer an Officer appointed as defined under the Act. Special Committee a Special Committee established by the Council
under Section 86 of the Act. Special Meeting a special meeting of the Council, as described in
Section 83(b) of the Act. Suspension of Standing Orders
the suspension of the provisions of this Local Law to facilitate full discussion on an issue without formal constraints.
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PART 2 ELECTION OF MAYOR, DEPUTY MAYOR AND OTHER CHAIRS (Pursuant to Section 71 of the Act)
10. Election of Mayor, Deputy Mayor and Other Chairs
10.1 The Mayor is to be elected at a Special Meeting of Council, which will be held:
a) as specified within Section 71 of the Act; or,
b) as soon as possible after any vacancy in the office of Mayor occurs.
10.2 The Chief Executive Officer will be appointed as a temporary Chair, with no voting rights, to deal with:
a) the receipt of nominations for the election of the Mayor; and,
b) the election of the Mayor.
Election of the Mayor
10.3 The election of the Mayor must be conducted in a meeting open to the public.
10.4 The election of the Mayor must be carried out by a show of hands.
10.5 A Councillor may nominate another Councillor or themselves as a candidate.
10.6 Nominations for the election of the Mayor do not require seconding.
10.7 The Chief Executive Officer will apply following provisions to govern the election of the Mayor:
a) nominations will be called for the office of Mayor;
b) where only one nomination is received, that Councillor must be declared elected; or
c) where two nominations are received the Councillor with a majority of the votes must be declared elected; or
d) where there are two or more nominations received, the Councillor who receives a majority of the votes must be declared elected. If no nominee has received a majority of the votes, the candidate with the least number of votes must be eliminated as a candidate and a further ballot conducted between the remaining candidates. If there are still several candidates, this procedure must be repeated until a candidate receives a majority of the votes and that candidate shall be declared elected;
e) if, for the purpose of eliminating the candidate with the least number of votes, two or more candidates have the same least number of votes, the candidate to be eliminated shall be determined by way of a majority vote. If, through this process, there is still an equal number of votes between the two candidates, the candidate to be eliminated shall be determined by lot conducted by the Chief Executive Officer;
f) if the Chief Executive Officer is required to identify the candidate to be eliminated under d) by lot, the following procedure will apply:
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(i) the Chief Executive Officer shall procure the same number of pieces of paper, as there are remaining candidates; and
(ii) the Chief Executive Officer shall write onto one of the pieces of the paper the word “defeated” and then place all the pieces of paper into a receptacle; and
(iii) the Chief Executive Officer shall then determine the order of drawing the lot by the alphabetical order of the surname of each of the candidates; and
(iv) where the candidate’s name commences with the same alphabetical letter then the order shall be determined by the second letter of the surname; and
(v) if the second letter is identical, then the third letter of the surname; and
(vi) this shall be repeated, if necessary, until an order is established; and
(vii) the candidate who draws the ballot paper with the word “defeated” written on it will be declared the eliminated candidate.
Election of the Deputy Mayor
10.8 At the meeting to elect the Mayor, Council may determine to elect a Deputy Mayor.
10.9 Any election for the position of Deputy Mayor will follow the same procedure as that for the election of the Mayor, as outlined in 10.7.
10.10 The Mayor will conduct the election process.
10.11 During any period that the Mayor is absent or unable to act in that position, the Deputy Mayor, if there is one, is to be appointed to perform any function or exercise any power conferred on the Mayor.
11. Mayor to Take the Chair
11.1 After the election of the Mayor is determined, the Mayor must take the Chair.
11.2 The Mayor must take the chair at all Council meetings at which he or she is present unless precluded from doing so due to a conflict of interest.
11.3 In the absence of the Mayor the Deputy Mayor, if there is one, will take the chair. If the Deputy Mayor is precluded from doing so due to a conflict of interest, Council shall elect a Chair for the purpose of the meeting.
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PART 3 MEETINGS
12. Chair’s Duties and Responsibilities
12.1 The Chair’s duties and responsibilities are to:
a) formally declare the meeting open, after ascertaining that a quorum is present and to welcome guest speakers, members of the gallery and other visitors;
b) introduce the Councillors and Senior Officers present at the meeting;
c) preside over and control the Meeting, conduct it impartially and according to this Local Law and established protocols to ensure the smooth passage of the business to be conducted;
d) present any reports for which he or she is responsible;
e) ensure that debates are conducted in the correct manner;
f) declare the results of all votes;
g) give rulings on Points of Order and other questions of procedure;
h) preserve order during the Meeting and, if necessary, call to order any person who is disruptive or unruly during any meeting;
i) when resolved so, adjourn or formally declare the Meeting closed when all business has been concluded; and,
j) sign minutes of meetings as correct when they have been confirmed.
12.2 The Chair will reject any motion which he or she deems to be:
a) defamatory;
b) objectionable in language or nature;
c) vague or unclear in intention;
d) outside the powers of Council;
e) irrelevant to an item of business on the agenda and has not been admitted as urgent business; or
f) purports to be an amendment but is not.
13. Quorum
13.1 The quorum required for an Ordinary or Special Council meeting will be a majority of the Councillors elected to that Council.
13.2 The Quorum for a Special Committee meeting may be determined by the Council for each committee but as a minimum the quorum must not be less than a majority of the members with voting rights appointed to that committee.
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13.3 If a quorum cannot be obtained within 30 minutes of the scheduled starting time of any Meeting or adjournment:
a) the meeting shall be deemed to have lapsed; and,
b) the undisposed business must be included in the agenda for the next Ordinary meeting, unless it has been agreed that a Special meeting is to be called within seven (7) days to consider the business.
13.4 If, during any meeting, a quorum cannot be maintained:
a) those Councillors present, or if there are no Councillors present, the Chief Executive Officer, or if the Chief Executive Officer is not present, a Senior Officer may adjourn the meeting and list the undisposed business in the agenda for the next Ordinary meeting, unless it has been agreed that a Special meeting is to be called within seven (7) days to consider the business.
b) the minutes will record those matters that were dealt with prior to the inability to maintain a quorum.
14. Leave of Absence
14.1 Where a Councillor or Member of a Special Committee knows that they will be absent from two or more meetings, they must request a leave of absence from the Council or the Special Committee.
14.2 It will not be necessary for a notice of meeting or agenda to be served on any Councillor who has been granted leave of absence, unless the Councillor has requested the Chief Executive Officer in writing to continue to give notice of any meeting to be held during the period of his or her absence.
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PART 4 BUSINESS – DESCRIPTION AND PROCEDURES
15. Business at meetings
No business can be dealt with at an Ordinary meeting or Special Committee meeting unless:
a) it is included on the agenda; or,
b) a majority of the votes is in favour of a matter being dealt with as urgent business in accordance with Clause 71 of this Local Law.
16. The Order of Business
16.1 The order of business of a Council Meeting will be determined by the Chief Executive Officer to facilitate and maintain open, efficient and effective processes of government.
16.2 Once an agenda has been sent to Councillors, the order of business for that meeting may only be altered by resolution of the Council.
16.3 In determining the agenda, the Chief Executive Officer may include any matter on an agenda which he or she thinks should be considered at the meeting.
17. Confirmation of the Minutes of a Meeting
(Pursuant to Section 93 of the Act)
17.1 At every meeting of Council or Special Committee the minutes of the preceding meeting(s) must be confirmed.
17.2 When confirming the minutes of a Meeting the Chair must ask:
“Are the minutes a true and correct record?”
17.3 Opposition to the minutes can only be expressed in regard to items in the minutes on the basis that the record is incomplete or inaccurate.
17.4 If any Councillor indicates opposition he or she must specify the particular item(s) in the minutes concerned and can, after asking any questions to clarify the matter, only move a motion to rectify the alleged error(s) in the record.
17.5 If no Councillor indicates opposition the Chair must declare the minutes to be confirmed.
17.6 The Council may defer the confirmation of minutes until later in the meeting or until the next meeting as appropriate.
18. Reports from Councillors
18.1 Provision shall be made on the agenda for a Mayoral Report on his or her activities at every Ordinary meeting of the Council.
18.2 An opportunity shall be provided to Councillors at every Ordinary meeting to raise issues or events of note that may be of interest to the Council and community.
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19. Representations
19.1 Council may develop guidelines relating to public addresses to Council to assist with the promotion of public involvement in Council meetings and the orderly operation of Council meetings.
19.2 Council may receive presentations from organisations thanking Council for its assistance. Similarly, Council may make presentation to community members or groups as a sign of appreciation for their assistance, or to offer congratulations.
19.3 Council may also receive petitions or joint letters from residents and ratepayers on various issues during an Ordinary meeting.
19.4 Any petition(s) or joint letters received at the meeting must be tabled at the next Ordinary meeting and the matter referred to the appropriate Council officer for consideration and response.
19.5 A petition or joint letter must only be presented at a meeting of Council, or received by Council if:
a) each page of the petition or joint letter bears the whole wording of the petition;
b) the petition or joint letter provides the signature, name and address of the permanent place of residence of all signatories; and
c) the name, telephone number and postal address of the spokesperson, and if relevant their organisation, for the petition or joint letter.
19.6 The spokesperson for the petition as per Clause 19.5c) shall be notified of the time, location and date of the Council meeting at which the petition shall be presented. It is the duty of the spokesperson to inform all signatories of the petition of Council’s response to the issues raised by the petition.
19.7 When a petition or joint letter presented to a meeting of the Council relates to an item of business on the agenda, the submission will be considered by Council as part of its deliberations on that item.
19.8 Any person who fraudulently signs a petition or joint letter which is presented to the Council, is guilty of an offence.
Penalty: 1 Penalty Unit
19.9 Any Councillor presenting a petition or joint letter will be responsible for ensuring that:
a) he or she is familiar with the contents and purpose of the petition or joint letter; and,
b) the petition or joint letter is not derogatory or defamatory.
19.10 The Chair may disallow any petition or joint letter which is considered to:
a) relate to a matter beyond the power or duties of Council;
b) be defamatory, indecent, offensive, abusive, irrelevant, trivial or objectionable in language or nature;
c) relate to a confidential, or legal, matter;
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d) repeat a question or petition already answered, whether at the same or any previous meeting;
e) be aimed to embarrass a Councillor or Council Officer;
f) relate to personnel matters;
g) relate to the personal hardship of any resident or ratepayer;
h) relate to matters affecting the security of Council property; or,
i) relate to any other matter that the Chair considers would prejudice the Council or any other person.
19.11 Deputations from members of the community relating to an Item on the Agenda will be heard in accordance with the order of the Items as listed on the Agenda.
19.12 The person making the deputation will be requested to come forward, state their name and make a brief presentation on the Item.
19.13 Speaking times for each deputation shall be three (3) minutes, unless an extension is approved by the Chair.
20. Public Question Time
20.1 There shall be a public question time not exceeding thirty (30) minutes listed on every Ordinary meeting agenda to provide members of the public with an opportunity to submit questions to Council. This time may be extended at the discretion of the Chair.
20.2 Standing Orders will be suspended at the start of public question time to allow the consideration of questions.
20.3 The person asking the question(s) must state their name before asking the question.
20.4 No person shall ask more than two (2) questions at any one meeting.
20.5 All questions must be as brief as possible and no discussion shall be allowed by the Chair other than that required for the purpose of clarification.
20.6 The Chair may nominate a Councillor or Senior Officer to briefly answer the question.
20.7 If an answer cannot be provided at the meeting a written answer must be provided within five (5) business days after the meeting to the person asking the question.
20.8 Members of the public must comply with any guidelines adopted by Council for the purpose of this Local Law.
20.9 The Chair may disallow any question which is considered to:
a) relate to a matter beyond the power or duties of Council;
b) be defamatory, indecent, offensive, abusive, irrelevant, trivial or objectionable in language or nature;
c) relate to a confidential, or legal, matter;
d) repeat a question or petition already answered, whether at the same or any previous meeting;
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e) be aimed to embarrass a Councillor or Council Officer;
f) relate to personnel matters;
g) relate to the personal hardship of any resident or ratepayer;
h) relate to matters affecting the security of Council property; or,
i) relate to any other matter that the Chair considers would prejudice the Council or any other person.
21. Meetings of Special Committees
The provisions of Clauses 15 - 18 of this Local Law apply to meetings of Special Committees of Council except that:
a) the agenda will be relevant to the issues which are to be raised at the Special Committee; and
b) any reference to Councillors extends to non-Councillor members of a Special Committee under Section 88 of the Act; and
c) any reference to the Council is to be read as referring to the Special Committee under Section 87 of the Act.
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PART 5 MINUTES
22. Keeping of Minutes
The Chief Executive Officer is responsible for arranging the taking and keeping of minutes of each Council Meeting and any Special Committee meeting on behalf of the Council.
23. Content of Minutes
23.1 In taking the minutes of any meeting, the Chief Executive Officer must arrange the recording of minutes so as to show all of the following:
a) the names of Councillors with the Ward they represent and whether they are PRESENT, an APOLOGY, or ON LEAVE OF ABSENCE etc;
b) the Council meeting dates for which the Councillor will be absent if a Leave of Absence has been requested;
c) the names of Officers IN ATTENDANCE with their organisational title;
d) the name of any other person officially IN ATTENDANCE at the meeting and the organisation they represent or the capacity of their attendance;
e) the arrival and departure times of Councillors or Members, including any temporary departures or arrivals;
f) every motion and amendment moved, including the mover and seconder of any motion or amendment;
g) the outcome of every motion, whether it was put to the vote and the result to indicate whether the motion was CARRIED, LOST, WITHDRAWN, LAPSED, AMENDED etc.;
h) formal motions;
i) where a valid division is called, a table of the names of every Councillor and the way their vote was cast (ie FOR or AGAINST or ABSTAINED);
j) details of failure to achieve or maintain a quorum and any adjournment, whether as a result or otherwise;
k) details of any deputation(s) made under Clause 20;
l) the time and reason for any adjournment of the meeting or suspension of standing orders;
m) disclosure of the type and nature of any conflict of interest of a Councillor or Member disclosed at or identified to a meeting, including the matter in respect of which the disclosure was made;
n) the name, address and question(s) of any person who asked a question(s) of Council under Clause 20 of this Local Law;
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o) The name of the Councillor or Senior Officer who responded under Clause 20.9 of this Local Law to the question and their response, if provided at the meeting;
p) a record of any Assembly of Council that has occurred since the last Ordinary Meeting under Section 80A(2) of the Act; and
q) any other matter that the Chief Executive Officer thinks should be recorded to clarify the intention of the meeting or the reading of the minutes.
23.2 In addition, the minutes should:
a) include the date and time the meeting was commenced, adjourned, resumed and concluded;
b) be consecutively page numbered;
c) contain consecutive item numbers which are clearly headed with subject titles, file references and the name of the Officer who prepared the report;
d) contain an index, which lists every item in the minutes; and
e) in relation to resolutions recorded in the minutes, incorporate relevant reports or a summary of the relevant reports considered in the decision making process.
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PART 6 VOTING AT MEETINGS
24. How Determined
In determining a question before a meeting of the Council, the Chair will first call for those in favour of the motion and then those opposed to the motion and will declare the result to the meeting.
25. By Show of Hands
Voting on any matter at a Council meeting, or part of a Council meeting, that is open to members of the public must be by a show of hands.
26. No Discussion Once Declared
Once a vote on a motion has been taken, no further discussion relating to the motion will be allowed unless the discussion is:
a) for a Councillor to request that his or her opposition to the motion be recorded in the minutes or a register maintained for that purpose; or
b) where there is a call for a division; or
c) where a subsequent notice of motion follows a rescission motion.
27. When a Division is Permitted
27.1 A division may be requested by any Councillor on any matter.
27.2 The request must be made to the Chair either immediately prior to, or immediately after, the vote on the motion on the table but cannot be requested after the meeting has moved to the next item of business.
28. Procedure for a Division
Once a division has been requested, the Chair will call for a show of hands by those Councillors voting for the motion and then for a show of hands by those Councillors opposed to the motion. If necessary the Chair will then call for a show of hands by those who abstained from voting. For the purpose of recording the minutes the Chair will call aloud the names of those voting for and against the motion, and those who abstained.
29. Change Between the Original Vote and the Division
A division is a separate and distinct vote, so a vote by division will determine the Council’s resolution on that issue and no Councillor is prevented from changing his or her original vote at the call for a division.
30. Application to All Meetings
The provision of Clauses 24 to 29 apply to the meeting of a Special Committee to the extent that they are relevant to the proceedings of any Special Committee and any reference to a Councillor in those clauses applies to any Member of a Special Committee.
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PART 7 ADDRESSING THE MEETING
31. Directing Remarks Through the Chair
Any Councillor or person who addresses a meeting must direct all remarks through the Chair.
32. Addressing the Meeting
32.1 Any person addressing the Chair should refer to the Chair as: a) Madam Mayor; or b) Mr Mayor; or c) Madam Chair; or d) Mr Chair,
as the case may be.
32.2 All Councillors, other than the Mayor, should be addressed as Cr …… (name).
32.3 All Officers, should be addressed as Mrs, Ms, Miss or Mr …… (name).
32.4 Any Councillor or other person who addresses a Meeting must do so in a courteous manner.
32.5 A Councillor must not, in any debate, make any defamatory, indecent, abusive, offensive or disorderly comment or statement.
32.6 If such a statement is made, the Chair may require the Councillor to withdraw it, at which point the Councillor concerned must immediately and unreservedly do so.
32.7 A Councillor or person addressing a Meeting must not be interrupted except by the Chair or upon a point of order being taken.
33. Suspension of Standing Orders
33.1 The provisions of this Local Law may be suspended for a particular purpose by resolution of the Council.
33.2 The suspension of standing orders should be used to enable full discussion of any issue without the constraints of formal meeting procedure.
33.3 A suspension of standing orders must not be used purely to dispense with the processes and protocol of the government of the Council.
33.4 The resumption of standing orders will be necessary before any motion can be put.
34. Interruption for Point of Order
A Councillor who is addressing a meeting must not be interrupted unless called to order under Clause 55 of this Local Law. He or she must sit down and remain silent until the Councillor raising the point of order has been heard and the question disposed with.
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PART 8 OTHER MEETING PROCEDURES
35. Matters Not Provided For
Where a situation has not been provided for under this Local Law, the Council may determine the matter by resolution.
36. Adjournment and Resumption of Meeting
36.1 The Chair or the Council may adjourn any meeting until a time and place to be determined at the time of adjournment.
36.2 For the purpose of stating the time that the meeting is adjourned, that time may be indicated at the adjournment or conclusion of another meeting or event.
Motions and Amendments to Motions
37. Chair’s Duty
The Chair must not accept any motion which:
a) is defamatory;
b) is objectionable in language or nature;
c) is outside the powers of the Council;
d) is not relevant to the item of business on the Agenda and has not been admitted as urgent business; or,
e) purports to be an amendment but is not.
38. Moving a Motion
38.1 The procedure for any motion or amendment is:
a) the mover must clearly state the nature of the motion or amendment, and then move it without speaking to it;
b) unless the motion is a formal motion, it must be seconded by a person other than the mover;
c) the seconder must say “I second it”, or words to that effect; and,
d) a motion or an amendment which is not seconded shall lapse.
38.2 If the motion is seconded, the mover and seconder may address Council on the motion. The seconder may reserve the right to address Council until later in the debate.
38.3 The Chair must then call for those (if any) against the motion by asking “Is the motion opposed?”.
38.4 If there is no opposition to the motion, the Chair shall then put the motion without further discussion; or
38.5 If a Councillor indicates opposition, then the Chair must request:
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a) the mover to address the Council on the motion;
b) the seconder to address the Council on the motion (who may, without speaking on the motion, reserve his or her address until later in debate);
c) any Councillor opposed to debate the motion; and
d) any other Councillors for and against the motion to debate in turn.
38.6 No Councillor may speak more than once on any motion, except:
a) as provided by Clause 39.1 of this Local Law;
b) for the purpose of moving or debating an amendment to a motion;
c) for raising a point of order; or
d) with leave of the Chair.
39. Right of Reply
39.1 The mover of an original motion, may, once debate has been exhausted, have a right of reply to matters raised during debate.
39.2 If the right of the reply is not taken by the mover, or after the right of reply has been taken, the motion must be immediately put to the vote without any further discussion or debate.
39.3 No right of reply is available where an amendment is before Council.
40. Moving an Amendment
A Councillor may propose an amendment to any motion which has been moved and seconded. Amendments may include the deletion or addition of words, relevant to the original motion.
41. Who May Propose an Amendment
An amendment may be proposed or seconded by any Councillor, other than the mover or seconder of the original motion.
42. Who May Debate an Amendment
A Councillor may address the meeting once on any amendment, whether or not he or she has spoken to the original motion, however debate must be confined to the terms of the proposed amendment.
43. How Many Amendments May Be Proposed
Any number of amendments may be proposed to a motion but only one amendment may be accepted by the Chair at any one time. No second or subsequent amendment, whether the original motion or an amendment of it, can be taken into consideration until the previous amendment has been dealt with.
44. An Amendment Once Carried
If the amended motion is carried, it then becomes the question before the Chair.
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45. Foreshadowing Motions
45.1 A Councillor may, at any time during debate, foreshadow a motion to inform the Council of his or her intention to move a motion at a later stage in the meeting. This does not extend any special right to the foreshadowed motion.
45.2 A foreshadowed motion may be prefaced with a statement that, in the event that a particular motion before the Chair is resolved in a certain way, the relevant Councillor intends to move an alternative or additional motion.
45.3 A motion foreshadowed has no procedural standing and is merely a means to assist the flow of the meeting.
45.4 The Chief Executive Officer is not required to have foreshadowed motions recorded in the minutes until the foreshadowed motion is formally moved, but may do as he or she deems it appropriate.
46. Withdrawal of Motions
Before any motion is put to the vote, it may be withdrawn with leave of the Council.
47. Separation of Motions
A Councillor may request the Chair to put the motion to the vote in separate parts where a motion contains more than one part.
48. Chair May Separate Motions
The Chair may decide to put any motion to the vote in several parts.
49. Motions in Writing
49.1 The Chair may require any comSplicated or lengthy motion to be submitted by the relevant Councillor in writing.
49.2 The Chair may suspend the meeting while the motion is being written or may request the Council to defer the matter until the motion has been written, allowing the meeting to proceed uninterrupted.
50. Debate Must Be Relevant to the Motion
50.1 Debate must always be relevant to the question before the Chair, and if not, the Chair will request the speaker to confine debate to the subject motion.
50.2 If, after being requested to confine debate to the motion before the Chair, the speaker continues to debate irrelevant matters the Chair may require the speaker to be seated and not speak further in respect of the matter before the Chair.
51. Formal Motions
51.1 Unless otherwise provided for in this Local Law, a formal motion may be moved at any time and must be dealt with immediately by the Chair.
51.2 Formal motions are not required to be seconded.
51.3 A formal motion cannot be moved by the Chair.
51.4 Debate on a formal motion is not permitted and the mover does not have a right of reply.
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51.5 A formal motion cannot be amended.
Speaking times
52. Speaking Times
Subject to Clause 53 of this Local Law, the maximum speaking times will be:
a) the mover of a motion – three (3) minutes;
b) the mover of a motion when exercising his or her right of reply – three (3) minutes;
c) any other Councillor – three (3) minutes.
53. Extension of Speaking Times by Chair
An extension of speaking time may be granted by the Chair. The extension of speaking time must not exceed three (3) minutes.
54. No Extension after Next Speaker has Commenced
The Chair cannot extend speaking time if another speaker has commenced speaking to the motion.
Points of Order
55. Procedure for Point of Order
55.1 A Councillor raising a point of order must:
a) state the point of order; and,
b) the clause, paragraph or provision of this Local law constituting the point of order.
55.2 A point of order may be raised in relation to:
a) a procedural matter which may be:
(i) contrary to this Local Law;
(ii) defamatory;
(iii) irrelevant;
(iv) outside Council’s power;
(v) improper; and
(vi) frivolous or vexatious;
b) a Councillor who is, or appears to be, out of order; or
c) any act of disorder.
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55.3 Expressing a difference of opinion or contradicting the view of a speaker is not, in itself, a point of order and will not be treated as such by the Chair.
56. Chair to Decide
The Chair will decide all points of order by stating the provision, rule, practice or precedent which he or she considers applicable to the point raised without entering into any discussion or comment.
57. Chair May Adjourn to Consider
57.1 Unless the Chair adjourns the meeting to consider a point of order, he or she must rule on it as soon as it is raised.
57.2 All other matters before the Council will be suspended until the point of order is decided.
58. Final Ruling on a Point of Order
The decision of the Chair in respect to a point of order raised will not be open for discussion and will be final.
Notices of Motion
59. Must Be Listed on Agenda
A notice of motion cannot be accepted by the Chair unless it has been listed on the agenda for the meeting at which it is proposed to be moved.
60. Procedure
A Councillor may give notice of motion of any matter he or she wants discussed at a meeting by delivering a notice of motion outlining the subject and the motion proposed for discussion to the Chief Executive Officer at least five (5) business days prior to the agenda being finalised for distribution.
61. Rejection of a Vague Notice
61.1 The Chief Executive Officer may reject a notice of motion if he or she is of the opinion that it is:
a) defamatory;
b) objectionable in language or nature;
c) vague or unclear in intention; or
d) outside the powers of Council.
61.2 If the Chief Executive Officer rejects a notice of motion under Clause 61.1 of this Local Law, he or she will inform the Councillor who lodged it of that rejection and the reasons for it. The Councillor will be provided 24 hours to lodge a revised notice of motion, provided that the meeting at which the notice of motion is to be considered is more than 24 hours from the time of rejection.
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62. Listing Notice on Agenda
Unless the notice specifies a particular meeting date, the Chief Executive Officer will list the notice of motion and if more than one, in the order they were received, on the next appropriate meeting agenda.
63. Register of Notices
The Chief Executive Officer must sequentially number every notice of motion received and maintain them in a register.
64. May be Moved by any Councillor and Amended
A notice of motion listed on a meeting agenda may be moved by any Councillor present and, except where the notice of motion is to confirm a previous resolution of the Council, may be amended.
65. Except for Confirmation of Previous Resolution
If a notice of motion to confirm a previous resolution of the Council cannot be carried in its original form, it is lost.
66. Notice of Motion If Lost
Unless the Council resolves to re-list at a future meeting a notice of motion which has been lost, a similar motion must not be put before the Council for at least three months from the date it was last lost.
Notice of Amendment or Rescission
67. Notice of Amendment or Rescission
67.1 A Councillor may propose a motion to amend or rescind a decision of the Council provided:
a) the previous decision has not been acted upon; and
b) a notice is delivered to the Chief Executive Officer using the form in Schedule 2 outlining:
(i) the decision to be amended or rescinded; and
(ii) the meeting and date when the decision was made.
67.2 A decision will be deemed to have been acted upon once its details have been formally communicated to persons whose legal rights are affected by the resolution or where a statutory procedure has been carried out as a result of it.
68. No Further Action
The Chief Executive Officer is to ensure no action will be taken to implement a resolution on which a notice to rescind or alter the resolution has been given in accordance with Clause 67 of this Local Law unless to do so would:
a) cause Council to be in breach of its legal obligations; or
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b) otherwise rob the resolution of its efficacy.
69. If Not Moved
If a notice of amendment or rescission is not moved at the meeting for which it is listed it will be deemed to have lapsed.
70. May be Moved By Any Councillor
A notice of amendment or rescission listed on a meeting agenda may be moved by any Councillor present but cannot be amended.
Dealing with Urgent Business
71. Urgent and Other Business
71.1 Business which has not been listed on the agenda, other than those matters introduced during the time allocated for public questions and submissions, may only be raised as urgent business if Council by resolution determines that it is urgent under Clause 71.2.
71.2 Urgent business is business which:
a) relates to, or arises out of, a matter which has arisen since the distribution of the agenda; or,
b) cannot safely or conveniently be deferred until the next Ordinary meeting.
71.3 Unless otherwise resolved by Council, urgent business will be considered following public question time.
Other duties of the Chair
72. Chair May Remove
72.1 Any person who has been called to order, including any Councillor who fails to comply with the Chair’s direction, will be guilty of an offence.
Penalty: 1 Penalty Unit
72.2 The Chair has discretion to cause removal of any person including a Councillor who disrupts any meeting or fails to comply with a direction.
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PART 9 THE COUNCIL’S COMMON SEAL
The purpose of this part is to regulate the use of the Common Seal and to prohibit the use of the Common Seal or any device resembling the Common Seal as required by Section 5(3)(b) of the Act.
73. Common Seal
73.1 The Council must authorise the use of the Common Seal by resolution.
73.2 The Chief Executive Officer must sign every document to which the Common Seal is affixed.
73.3 The Common Seal may only be used to sign, seal, issue, revoke or cancel any notice, document, order or agreement pursuant to a decision of Council.
73.4 The Chief Executive Officer must ensure the security of the Council’s Common Seal at all times.
73.5 It is an offence for a person to use the Common Seal or any device or representation resembling the Common Seal without authority given by resolution of the Council.
Penalty: 10 Penalty Units
73.6 The Council’s Common Seal and words to be used accompanying it on any document to which it is affixed are as follows:
The COMMON SEAL of ) MANSFIELD SHIRE COUNCIL ) was affixed in the presence of ) ……………………………………… Chief Executive Officer ……………………………………… Date
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PART 10 OFFENCES AND PENALTIES
74. Offences and Penalties
74.1 A person who:
a) fails to comply with a direction of a Chair in contravention of Clause 72 of this Local Law is guilty of an offence;
Penalty: 1 Penalty Unit
b) fraudulently signs a petition or joint letter in contravention of Clause 19.7 of this Local Law is guilty of an offence;
Penalty: 1 Penalty Unit; and
c) uses the Common Seal, or a replica, without authority in contravention of Clause 73 of this Local Law is guilty of an offence.
Penalty: 10 Penalty Units
74.2 As an alternative to prosecution an authorised officer may serve an infringement notice on a person who has:
a) contravened; or
b) is reasonably suspected of having contravened,
the above Clauses of this Local Law.
74.3 The penalty specified on any infringement notice shall be the same as the penalty stated in Clause 74.1.
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Schedule 1 RESPONSIBILITIES OF THE CHIEF EXECUTIVE OFFICER
The responsilibites of the Chief Executive Officer under this Local Law are to ensure that: 1. The dates, time and place for all Ordinary Council meetings are fixed by the Council from
time to time. 2. Notice of the date, time and place of Council Meetings and Special Committee meetings is
given to the community by way of a public notice and Council’s website at least seven (7) days before the meeting, unless an urgent Special meeting is required whereby a minimum forty eight (48) hours’ notice must be given.
3. Notice to Councillors is given at least seven (7) days before the meeting, unless an urgent Special meeting is required whereby a minimum forty eight (48) hours’ notice must be given.
4. The notice for any meeting states: a) the date, time and place of the meeting; and b) the business to be dealt with at the meeting. 5. The notice of meeting and the meeting agenda is sent by electronic means, or as
otherwise specified by a Councillor. 6. The agenda for all meetings is prepared and given to all Councillors at least four (4) clear
business days before a Meeting, except in the case of an emergency when a reasonable attempt must be made to provide Councillors within this timeframe.
7. The minutes of all Meetings are taken and that a copy is given to the Councillors at least two (2) clear business days prior to the Meeting at which those minutes are to be confirmed.
8. Notices of motion received at least five (5) clear business days prior to a Meeting are included on the agenda for that Meeting.
9. A register of notices of motion is kept. 10. Support the Mayor in the discharge of his or her duties under this Local Law, in
accordance with Section 94A (db) of the Act.
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Schedule 2 RESCISSION MOTIONS The following form must be used for the lodgement of a notice of intention to move that a resolution passed by Council be rescinded or amended. It is the intention of Councillor _____________________ to move at the Ordinary/Special Meeting of Council to be held on / /20 : That the motion of Council passed on / /20 , namely: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ be rescinded or amended. Subject to this motion being carried, in its place Cr _______________ proposes to move the following motion: ______________________________________________________________________________________________________________________________________________________________________________________________________ _____________ _____________ ______________ Councillor Councillor Councillor OFFICE USE ONLY This notice was received by me at _______ am/pm on / /20 Relevant Manager/Officer notified of receipt of rescission/amendment motion at ______am/pm on / /20 __________________________ Chief Executive Officer
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COMMUNITY IMPACT STATEMENT DRAFT COMMUNITY LOCAL LAW NO. 2
MEETINGS PROCEDURES AND COMMON SEAL LOCAL LAW 2016 What is a community impact statement? State Government guidelines around best practice for the development of new local laws suggest that a community impact statement is useful in assisting the community in understanding the new local law and how it complies, and aligns, with other legislation such as the Charter of Human Rights and Responsibilities Act 2006. Why do we need a new Local Law? Council has to make a new Local Law for meetings procedures and the use of its Common Seal as the existing Local Law will expire in mid May 2016. The Local Government Act 1989 (referred to below as ‘the Act’) is the main piece of legislation that governs what Council does and how decisions are to be made. It requires us to have a local law about meetings procedures and the use of the Common Seal. The key objectives of the new Local Law are to ensure: • Council meetings are conducted efficiently and in a respectful manner; • Councillors are able to make informed decisions on the business to be dealt with; • that the community has a number of ways to participate in a Council meeting; and, • the Common Seal is only used with the appropriate authority. The new law also ensures we meet all of our obligations under the Act. When does the draft Local Law apply? The Local Law applies to all Council meetings and any meetings of Special Committees it appoints under Section 86 of the Act. At present there are no Special Committees, however the law ensures that the new meeting procedures apply to any such committee appointed by Council in the future. How does the draft Local Law comply with the Charter of Human Rights and Responsibilities Act 2006? Mansfield Shire Council recognises that, as a public authority, it is unlawful for it to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right. Accordingly, we acknowledge that all Councillors and Council staff must comply with the Charter of Human Rights and Responsibilities Act 2006 in accordance with Section 4(1)(e) of this Act.
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The basis of the draft Local Law is to ensure that all members of the community, Councillors and Council staff present at Council meetings are able to express their personal views on a matter. The Local Law provides the basis for the orderly conduct of meetings so that all viewpoints can be explored without fear or favour. However, in accordance with the provisions of the Charter of Human Rights the behaviour of those present at meetings, including those making verbal presentations, must be made in a way that does not contravene the Charter. That is, it must be done in a respectful way that is not derogatory, racist or abusive in any way. To make this abundantly clear, Clauses 19 and 20 outline the types of behaviours or submissions that represent a breach of the Charter and that the Chair has the power to disallow. In this way the draft Local Law strengthens Council’s ability to ensure that the Human Rights Charter is adhered to during Council meetings. The draft law also provides a number of opportunities for members of the public to participate in Council meetings, which reinforces Section 18 of the Act relating to facilitating participation in public life. The inclusion of Part 10 – Offences and Penalties, ensures those participating in Council meetings or using Council’s Common Seal are aware what constitutes an offence under the draft Local Law, and the penalties these offences incur. How does the draft Local Law apply National Competition Principles? Following the signing of the Competition Principles Agreement by signed by the Commonwealth, State and Territory Governments in 1995, all councils must ensure that they act, and make decisions, in a way that is consistent with these principles. It is considered that procedures around the conduct of Council meetings and the use of the Council Seal does not impact on issues around competitive neutrality. It does not seek to restrict business practices within the municipality. One of the key objectives of the draft Local Law is to ensure that before making a decision, Council has had an opportunity to consider all viewpoints and has the information it needs to weigh up the public benefits, social, economic, financial and environmental impacts of any decision. Open and transparent decision making is also a fundamental way in which our compliance with the Principles can be measured. Another key principle of the National Competition Principles is minimising ‘red tape’ and therefore costs to the community related to a council’s operations. The draft Local Law aims to make all Council meetings as streamlined and efficient as possible through clear processes, roles and responsibilities.
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How does the new Draft Local Law implement the Council Plan? The draft Local Law is based on the values of our Council Plan, which are: Respect – by requiring all present at meetings to act in a respectful way during the course of the meeting and to allow different points of view to be expressed in a non-threatening environment. Integrity – ensuring that the community can readily understand how Council meetings operate by ensuring the Local Law reinforces the need to work in an open, transparent manner that meets all requirements of the Act. Inclusion – by providing a number of ways for the community to express its views to Council so that informed decisions can be made. Accountability – by clearly stating how decisions are to be made and how the meeting shall be managed. Empowerment – by ensuring Councillors are presented with all viewpoints prior to making a decision. The draft Local Law is also a key means through which the Council Plan’s theme of Good Governance is implemented.
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What are the key changes when compared to the existing Local Law? The purpose of this section is to outline some of the key differences between the existing Local Law and the draft new Local Law. The draft new Local Law is very different in its structure and content. There are a number of legislative changes that have come into play since the current Local Law was adopted in 2006. It was also felt that a new structure was required for the document in order to make it more readable and understandable. Plain English has been used, although due to the legal nature of the law, there are some technical terms used in the document, which are explained under Definitions (Clause 9). The table below outlines the key differences between the current and draft Local Laws, along with comments around why changes have been made. EXISTING LOCAL LAW DRAFT NEW LOCAL LAW COMMENTS
PART 1 - PRELIMINARY Clause 2 – outlines the objectives of the Local Law.
Clause 2 – outlines the objectives of the Local Law with minor wording changes.
The objectives have been condensed but the intent is the same.
Clause 4 – Commencement and Revocations outlines when the Law comes into operation (which was the day following Gazettal) and the repeal of the previous Law. It also sets the sunset date for the Law as the 10th anniversary of commencement.
Clause 4 - clearly states the commencement date is the date of adoption by Council. New Clause 5 - clearly states when the new law will ‘sunset’.
Clauses 4 and 5 – the date of commencement and revocation have been separated for clarity. The new Law’s commencement date reflects the Act’s provisions. For absolute clarity the date the Law ‘sunsets’ has been included.
New Clause 6 – repeals the existing Local Law.
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EXISTING LOCAL LAW DRAFT NEW LOCAL LAW COMMENTS PART 2 – ELECTION OF MAYOR, DEPUTY MAYOR AND OTHER CHAIRS
New Clause 8 – moves the list of responsibilities of the CEO under the Law into a Schedule at the end.
This makes the body of the Law shorter and sums up the CEO’s responsibilities up in one page for ease of reference and clarity.
New Clause 9 – some minor changes have been made to the definitions to reflect changes to the Act since 2006 and to provide clarity.
Clause 7 states that the Mayor is to be elected after the last Saturday in November but no later than 31 December.
New Clause 10 refers to the date prescribed by the Act.
In recent years changes to the Act resulted in a conflict with our Local Law. The reference to the date as prescribed by the Act avoids this in the future.
Clause 7c allows for: - the Mayoral election to be conducted
by secret ballot if so resolved by Council
New Clauses 10.3 – 10.5 Election of Mayor - the election of Mayor must be
conducted at a public meeting - the election must be by way of show of
hands - a Councillor may nominate themselves
or another Councillor as a candidate - nominations do not need seconding.
The new clauses have been included to reinforce the principles of transparenc. The ability to nominate oneself as a Mayoral candidate and the absence of need for seconding of nominations are included to clarify the nomination process.
Clause 7 is relatively lengthy but is based on the principle of if there is not a majority vote to elect a Mayor (and votes are not tied between two or more candidates), the candidate with the fewest votes is excluded and another vote taken for the remaining candidates. If there are equal votes candidates the election is determined by lot.
Clause 10.7 states the CEO conducts the election and calls for nominations. The Clause has been simplified by summarising the election process but essentially remains as it currently is.
The existing Local Law is lengthy and complex. Examples from other, more recently adopted Laws, have been used. The same principles and provisions to the election process apply.
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EXISTING LOCAL LAW DRAFT NEW LOCAL LAW COMMENTS PART 2 – ELECTION OF MAYOR, DEPUTY MAYOR AND OTHER CHAIRS
New Clauses 10.8 – 10.11 clarify that the Deputy Mayoral election is conducted by the Mayor following the same procedures as the Mayoral election and that the Deputy Mayor stands in for the Mayor when he/she is absent.
This inclusion gives greater clarity around the Deputy Mayor role and the election process.
Clause 8 – allows voting by secret ballot if resolved by Council.
There is no provision for a secret ballot in the new Local Law.
Secret ballots are not in keeping with objectives of transparency, accountability and good governance. Given that a secret ballot has not been undertaken to our knowledge, the clause is superfluous and sends the wrong message.
PART 3 - MEETINGS New Clause 12 summarises the Chair’s roles
and responsibilities. It includes the ability to reject motions that are defamatory or outside of Council’s powers.
This clause is designed to clarify roles and responsibilities, particularly for members of the public.
New Clause 13 states that if a quorum is not obtained within 30 minutes of the scheduled starting time of a meeting, the meeting will have lapsed and any business be listed on the next Ordinary meeting agenda, unless it is defined as being urgent, in which case a Special meeting is to be called in 7 days.
All other Local Laws seem to have this provision and it is a worthy inclusion. The need for Special meetings has been minimised.
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EXISTING LOCAL LAW DRAFT NEW LOCAL LAW COMMENTS Division 1 - Notices and Agendas Notice of meetings for Councillors are as follows: - 48 hours for an Ordinary meeting - 24 hours for a Special meeting - 48 hours for a Special Committee meeting - allows the CEO or Senior Officer (in the
CEO’s absence) to call or postpone a meeting without the necessity to comply with these timelines provided reasonable attempts are made to contact Councillors. The reasons for this action must be reported to Council at the next Meeting.
There are no prescribed timelines for notice to the public, although it is noted that ‘reasonable’ notice is required.
Provisions around notice for meetings are now contained in Schedule 1 – the CEO’s roles and responsibilities. Notice timelines have been extended to: - for the community and Councillors
seven (7) days for Ordinary, Special or Special Committee meetings
- for the community, 48 hours for an urgent meeting
- the agenda must be distributed to councilors at least four (4) clear business days before the meeting, except for an emergency Special meeting, where the agenda needs to be distributed 48 hours before the meeting.
The extension of timelines is aimed to allow sufficient time for agenda review, questions from the community and for those who want to attend the meeting to adequately plan. It supports good governance and transparency.
NEW PART 4 – BUSINESS – DESCRIPTION AND PROCEDURES New Clause 15 states that no business shall
be considered at a meeting unless it is on the agenda, or if a majority of Councillors vote in favour of an item being classified as urgent business under the Local Law.
This clause clarifies what can be dealt with for both Councillors and the community. It also inserts a new provision on dealing with unexpected, urgent business not on the agenda.
Part IV - Minutes New Clause 18 Confirmation of Minutes States that, at every meeting, the minutes of the previous meeting must be confirmed and outlines the process to do so.
The existing provisions around confirmation of minutes have been retained and augmented by a couple of procedural clarifications.
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EXISTING LOCAL LAW DRAFT NEW LOCAL LAW COMMENTS Division 7 – Public Participation There is brief mention of Petitions and Joint letters, stating that any petitions received at a meeting will be listed on the next Agenda unless it is unanimously agreed to deal with it earlier.
New Clause 19 Representations Enables Council to receive presentations from organisations thanking them for support or for Council to make a presentation to a community member/group as a sign of appreciation or to offer congratulations. Details how petitions and joint letters are to be received and dealt with. The format of petitions/joint letters is prescribed. Enables the Chair to disallow a petition or joint letter based on a number of criteria. Three minutes is allocated to each speaker, however this can be extended at the Mayor’s discretion.
The current provisions around representations are limited and do not reflect how Council has conducted its business in recent years. Clarification around petitions/joint letters ensures that there is a clear format and communication chain in relation to these types of submissions. The inclusion of the ability to disallow any petition is also important and reflects provisions in the Act as well as the Human Rights Charter (which we are bound by the Act to consider and adhere to). Guidelines on public participation at Council meetings have been released, and are open for public comment, to support the draft Local Law.
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EXISTING LOCAL LAW DRAFT NEW LOCAL LAW COMMENTS Division 7 – Public Participation States that time may be allocated to enable any community member to address Council at every Ordinary or Special Meeting. It states ‘reasonable’ time should be given to each person with regard to the nature of the matter etc.
New Clause 20 – Public Question Time • provides for up to 30 minutes for public
question time. • states that the Chair decides whether a
question without notice will be accepted or listed at the next meeting.
• Increases the number of questions that can be asked from one to two per person.
• Includes provisions around the Chair disallowing questions due to other provisions of the Act (eg confidentiality or staffing matters) or due to it being defamatory, inflammatory etc.
• states the Chair can nominate a Councillor or Senior Officer to respond to the question.
• States if no response can be provided at the meeting a written response must be given to the community member within five business days.
The Guidelines are aimed to assist the community in understanding how they can become involved in a Council meeting and how presentations, deputations and questions to Council are to be managed during the meeting. The aim of the draft Local Law is to provide a number of opportunities for public participation and to make it easy for members of the public to do so.
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EXISTING LOCAL LAW DRAFT NEW LOCAL LAW COMMENTS Part VI Voting at Meetings Clauses 34 and 35 outline the process for voting by secret ballot
Part 6 – Voting at Meetings The ability to vote via secret ballot has been removed. Clause 28 Procedure for a Division. The requirement for the Chair to call the names of Councillors voting for, against or abstaining from the vote has been inserted.
It is considered that transparency is the key to good governance and hence the use of secret ballots should not be permissible. It is also noted that officers have no knowledge of this provision being used. The requirement for the Chair to announce the names of Councillors’ votes upon a Division being called is to increase transparency and to assist with accurate minute taking.
Part VII – Addressing the Meeting This section outlines provisions as to how to address the meeting, suspension of standing orders and Points of Order.
Part 7 – Addressing the Meeting Clause 32 - Insertion of provisions around the required levels of conduct for people addressing Council, including Councillors themselves.
The changes reflect Council’s values and also aim to ensure that all meetings are conducted in a respectful and orderly manner.
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EXISTING LOCAL LAW DRAFT NEW LOCAL LAW COMMENTS Part VII – Other Meeting Procedures Clause 48 Moving a Motion states that if there is no opposition the motion must be declared to be carried. There is a right to make a statement on the matter but the way it is written it appears to be more of an afterthought. The seconder has a right to reserve their opportunity to address Council only if there is opposition to the motion. Division 3 – Extension of Speaking Time Clause 63 requires a resolution of Council to extend the speaking time. Clause 69 states that the Chair’s ruling on a point of order is final unless a majority of Councillors disagree. Clause 81 states that Notices of Motion must be received at least seven (7) days prior to the next meeting in order for it to make the Agenda. Clause 96 relates to urgent business as defined in the Local Law, however no such definition is provided.
Part 8 - Other Meeting Procedures Clause 36 inserts the ability to adjourn or resume a meeting. Clause 38 inserts the right for the mover and seconder to address Council on the motion. It also allows the seconder to reserve their right to address Council until later in the debate. Clause 51 Formal Motions has removed the right for debate of a formal motion and is to be dealt with by the Chair. Clause 53 Extension of Speaking Times by the Chair (and not by way of resolution). Clause 55.2(a) clarifies the kinds of procedural matters that may be raised as a point of order. Clause 58 Final Ruling on a Point of Order states that the Chair’s ruling is final. 60 clarifies that a Notice of Motion must be received five (5) business days prior to an agenda. Clause 61 enables the CEO to reject a vague notice of motion, a motion objectionable in language or that is outside the powers of Council. Clause 67 Notice of Amendment or Rescission includes the requirement to use the form outlined in Schedule 2 for a rescission motion.
Clause 36 may be required if the agenda is long and the meeting is running late into the night or in the case of an emergency. The inclusion of a chance for the mover and seconder to address the meeting in Clause 38 is to provide Councillors with the ability to explain why they have put forward or supported the motion. This is a means to ensure an informed vote takes place, that the gallery understands why the motion is being put. Councillors may, of course, decline the right to speak to their motion if there is no opposition. A number of other Local Laws do not include the right to debate a Formal Motion given such motions are really just a procedural matter and the Chair should rule on them. This deletion reinforces the role of the Chair and ensures meetings run smoothly and effectively. The removal for the need for a resolution to extend speaking times via new Clause 34 reflects the practice at other Councils and reinforces the role of the Chair.
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EXISTING LOCAL LAW DRAFT NEW LOCAL LAW COMMENTS New Clause 68 No Further Action clearly
states that the CEO will ensure that no action is taken to implement a resolution subject to a notice to rescind has been given in accordance with Clause 67. New Clause 71- Urgent and Other Business provides a definition of what constitutes urgent business and when such business will be considered at the meeting.
Clause 59’s removal of the right to challenge the Chair’s ruling on a point of order again reinforces the role of the Chair and is designed to keep meetings orderly. Clause 61’s clarification of the deadline for Notices of Motion to be received reflect earlier provisions relating to agenda preparation and circulation deadlines. The rescission motion form has been included to make the process as clear and efficient as possible. New Clause 68 makes it clear that the Organisation must not take any action to implement a motion subject to a rescission notice (provided there is no breach of legal obligations or impacts on the efficacy of Council). This gives the Councillor lodging the notice confidence that the notice will be heeded and clarity for officers around what can and cannot be done. The clauses around urgent business are designed to clarify what is to be classed as urgent, which is currently missing from the existing local law.
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EXISTING LOCAL LAW DRAFT NEW LOCAL LAW COMMENTS Clause 104 – Use of the Common Seal Merely states it must be kept secure by the CEO and must only be affixed under the authority of the Council and signed by the CEO.
Part 9 – The Council’s Common Seal Clause 75 strengthens the current Local Law’s provisions by outlining how the seal is to be used. Clause 75.5 states it is an offence to use the Seal with out authority or to use a replica; the fine is 10 penalty units.
There is a need to be more specific about the use of the Common Seal and also the need to ensure there is a relatively substantial fine for its misuse or misrepresentation. Other councils set the fine at 10 penalty units.
Part IX – Enforcement and Penalties This brief part merely clarifies the forms to be used to issue Penalty Units Fines for not adhering to the direction of the Chair or producing a fraudulent petition/joint letter are set at $200.a penalty and terms for payment.
Part 10 – Offences and Penalties The reference to a form has been deleted as a penalty notice has to be issued in accordance with the Infringements Act 2006. Penalty Units are now defined as the number of units, not a dollar figure.
The form of an infringement notice is prescribed by an Act and hence there is no need to replicate it in the Local Law. It is convention to refer to the number of penalty units in any local law as the value of a unit is indexed. Reference to penalties has, therefore, been changed to refer to the number of penalty units; one penalty unit is currently $151.67.
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How can I make a submission? We are currently seeking your comments on the draft Local Law. The purpose of this Information Sheet is to help you understand some of the changes to meetings procedures that we propose to make. There is also a more extensive Local Law Community Impact Statement (available from Council’s website) should you wish to read a more detailed explanation of the Local Law and how it complies with the Charter of Human Rights and national competition principles. You must make a written submission to Council if you want to comment on the draft law. You may also ask for an opportunity to make a verbal presentation to Council to support your written comments. Your written submission must be received by 5pm on Friday, 25 March 2016 by either letter or email to:
Mr Alex Green Chief Executive Officer Mansfield Shire Council Locked Bag 1000 Mansfield VIC 3722
COMMUNITY INFORMATION SHEET: DRAFT COMMUNITY LOCAL LAW NO. 2 MEETING PROCEDURES AND COMMON SEAL 2016
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COMMUNITY INFORMATION SHEET DRAFT COMMUNITY LOCAL LAW NO. 2
MEETINGS PROCEDURES AND COMMON SEAL LOCAL LAW 2016 Why do we need a new Local Law? Council has to make a new Local Law for meetings procedures and the use of its Common Seal as the existing Local Law will expire in mid May 2016. The Local Government Act 1989 (referred to below as ‘the Act’) is the main piece of legislation that governs what Council does and how decisions are to be made. It requires us to have a local law about meetings procedures and the use of the Common Seal. The key objectives of the new Local Law are to ensure: • Council meetings are conducted efficiently and in a respectful manner; • Councillors are able to make informed decisions on the business to be dealt with; • that the community has a number of ways to participate in a Council meeting; and, • the Common Seal is only used with the appropriate authority. The new law also ensures we meet all of our obligations under the Act. How can I make a submission? We are currently seeking your comments on the draft Local Law. The purpose of this Information Sheet is to help you understand some of the changes to meetings procedures that we propose to make. There is also a more extensive Local Law Community Impact Statement (available from Council’s website) should you wish to read a more detailed explanation of the Local Law and how it complies with the Charter of Human Rights and Responsibilities Act 2006 and national competition principles. You must make a written submission to Council if you want to comment on the draft law. You may also ask for an opportunity to make a verbal presentation to Council to support your written comments. Your written submission must be received by 5.00pm on Friday, 25 March 2016 by either letter or email to:
Mr Alex Green Chief Executive Officer Mansfield Shire Council Locked Bag 1000 Mansfield VIC 3722
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When does the draft Local Law apply? The Local Law applies to all Council meetings and any meetings of Special Committees it appoints under Section 86 of the Act. At present there are no Special Committees, however the law ensures that the new meeting procedures apply to any such committee appointed by Council in the future. What are the key changes to the existing Local Law? The new Local Law has been drafted through discussion with Council, observation at Council meetings about what works and what can be improved, reviewing local laws of other Councils and by ensuring it reflects recent changes to the Act around good governance procedures. Some of the key changes include: • The requirement that the election of Mayor must be held at a public meeting and by
way of show of hands. Clarification is also provided that the position of Deputy Mayor is to be conducted in the same way as the Mayor (Clause 10);
• The deletion of provisions allowing secret ballots to be undertaken as they are seen to be contrary to the values of transparency and accountability (and these provisions have not been used during the life of the existing Local Law);
• Clarification of the Chair’s roles and responsibilities (Clause 12); • Inclusion of statements around expected behaviours and conduct of all present at
meetings to ensure they are conducted in an orderly and respectful manner (Clause 32);
• Removal of the right for Councillors to debate the Chair’s ruling on a Point of Order and deletion of the need for a motion to extend speaking times, which reinforces the role of the Chair in managing the meeting and ensuring compliance with the Local Law. These changes are also designed to make meetings less confusing for members of the public;
• Clarification that Notices of Motion must be received from Councillors within five (5) business days to enable them to be included on the next available Council agenda (Clause 60);
• Insertion of the ability for the CEO to reject a notice of motion if it is defamatory, objectionable in language or nature, vague or unclear or is outside the powers of Council (Clause 61);
• Clarification that the CEO must ensure no further action is taken to implement a resolution if a Notice of Rescission has been made in accordance with the Local Law (Clause 68);
• Provision of a definition of what constitutes urgent business to ensure that business not included on the distributed agenda is only considered at a meeting if it is urgent (Clause 71);
• Extension of timelines for the circulation of agendas to Councillors and the Community from two to four business days, unless an urgent meeting is required, where agendas must be circulated no less than 48 hours of the meeting (Schedule 1);
• Clarification around the use of the Common Seal and the inclusion of a new offence should the Seal be used without authority or the use of a replica (with a penalty of 10 penalty units);
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• Summary of offences under the Local Law in Part 10 to ensure consistency with the Infringements Act 2006.
How does the new Local Law encourage community involvement in Council meetings? There are currently a number of ways in which community members can be involved in Council meetings. The draft Local Law seeks to formalise these means of being involved, along with outlining the behaviours to be expected from all those present at a meeting to ensure everyone acts in a respectful manner and feels safe and comfortable in stating their views to the meeting. The ways in which the draft Local Law encourages public participation are: • through presentations from organisations thanking Council for assistance or Council
thanking community members or an organisation for their assistance or to offer congratulations (Section 19);
• the receipt by Council of joint letters or petitions. The new Local Law contains clear instructions as to how these types of submissions are to be dealt with, including communication with the spokesperson for the submission (Section 19);
• through verbal presentations from those with a direct interest in a matter listed on the Agenda; and,
• the allocation of up to 30 minutes for public question time at each Council meeting, along with the provision of a question form for use by members of the public and details around how Council will endeavour to provide a comprehensive answer to questions at the meeting (Section 20).
It is important to note that the draft law includes new provisions around the Chair’s ability to disallow a petition/joint letter or question from the public in a range of circumstances (eg. if it is defamatory, relates to a confidential matter or relates to personnel matters). Please see Clauses 19 and 20 for more information. Want more information about the changes? If you want to read more detail about the draft Local Law, please read the Local Law Community Impact Statement by clicking on the following link (insert link).
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GUIDELINES FOR RESPRESENTATIONS TO COUNCIL MEETINGS MADE UNDER CLAUSE 21.1
OF THE DRAFT COMMUNITY LOCAL LAW NO. 2 MEETINGS PROCEDURES & USE OF COMMON SEAL LOCAL LAW 2016
Introduction Clause 19.1 of the Draft Meetings Procedures and Use of Common Seal Local Law 2016 states that:
“Council may develop guidelines relating to public addresses to Council to assist with the promotion of public involvement in Council meetings and the orderly operation of Council meetings.”
These Guidelines are created under this Clause and are designed to assist Council, Council Staff and members of the community to understand the various means through which members of the public can participate in Council meetings. Community participation at Council meetings Council encourages members of the community to be actively involved in Council meetings through: • presentations to Council to express gratitude, appreciation or to recognise a significant
contribution to the Shire and its community (Clause 19);
• presentations from Council to members of the public, groups and organisations to express thanks and to recognise their contributions to the Shire and its community (Clause 19);
• the receipt of joint letters/petitions (Clause 19);
• deputations from those with direct interest in any Item listed on the Agenda (Clause 19); and
• the provision of up to 30 minutes of public question time at the end of each Council meeting (Clause 20).
Other representations to Council – Order of Business Council acknowledges that an opportunity must be provided for members of the community interested in a particular item on the Council Agenda to present their views prior to Council making an informed decision on that matter. Deputations on Agenda Items, including those from Applicants and Objectors/Submitters relating to items for planning permit applications and planning scheme amendments, will be heard at the start of the meeting after Presentations and Petitions/Joint submissions have been dealt with.
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Speaking times and order Three (3) minutes will be provided for each speaker, which may be extended at the discretion of the Chair. The Chair will ask if there is anyone wishing to speak to Items on the Agenda. Deputations will be heard in accordance with the order of Items as listed on the Agenda. When it is your turn to make your deputation to the Council, you will be asked by the Chair to come forward and state your name. You are requested to briefly summarise your key points on the matter. If you wish to circulate photographs or other hard copy documents to Councillors at the meeting, you are requested to bring seven (7) copies with you. A Council officer will distribute the material for you while you speak. Please note that Councillors may ask you questions of clarification during your deputation. How will I know when a report on an issue will be considered by Council? Everyone who has made a written submission on an Item will receive an initiation to attend the meeting a minimum of five (5) business days before the meeting is to be held. It would be appreciated that you notify the relevant Council officer as soon as possible that you wish to make a deputation to Council on the issue. A copy of the Council Agenda will be available on Council’s website from the Friday prior to the date of the Council meeting at www.mansfield.vic.gov.au under About Council Council Meetings Council Agendas and Minutes. For those who have signed or have organised a petition or joint letter, please note that Clause 19 the Local Law states that the spokesperson for a petition/joint letter will be notified of the time, location and date of the Council meeting at which the document shall be presented. It is the duty of that spokesperson to inform all signatories of Council’s response to the petition. Behaviour at Council Meetings Council understands that people are passionate about their community and the issues that matter most to them. However, those making representations to Council must respect both Councillors and Council officers at all times during a Council meeting. The draft Local Law provides guidance around behaviour at Council meetings: • Any person addressing the Chair should refer to the Chair as:
o Madam Mayor; or o Mr Mayor; or o Madam Chair; or o Mr Chair, as the case may be (Clause 32).
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• All Councillors, other than the Mayor, should be addressed as Cr …(name) (Clause 32).
• Any Councillor or other person who addresses a Meeting must do so in a courteous
manner (Clause 32).
• The Chair may disallow any petition or joint letter which is considered to: a) relate to a matter beyond the power or duties of Council; b) be defamatory, indecent, offensive, abusive, irrelevant, trivial or objectionable in
language or nature; c) relate to a confidential, or legal, matter; d) repeat a question or petition already answered, whether at the same or any
previous meeting; e) be aimed to embarrass a Councillor or Council officer; f) relate to personnel matters; g) relate to the personal hardship of any resident or ratepayer; h) relate to matters affecting the security of Council property; or, i) relate to any other matter that Council considers would prejudice the Council or any
other person (Clause 19). • The Chair may disallow any question which is considered to:
a) relate to a matter beyond the power or duties of Council; b) be defamatory, indecent, offensive, abusive, irrelevant, trivial or objectionable in
language or nature; c) relate to a confidential, or legal, matter; d) repeat a question or petition already answered, whether at the same or any
previous meeting; e) be aimed to embarrass a Councillor or Council officer; f) relate to personnel matters; g) relate to the personal hardship of any resident or ratepayer; h) relate to matters affecting the security of Council property; or, i) relate to any other matter that Council considers would prejudice the Council or any
other person (Clause 20).
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11. ASSEMBLIES OF COUNCILLORS Under section 76AA of the Local Government Act 1989 an Assembly of Councillors (however titled) is defined as a planned or scheduled meeting, comprising at least three Councillors and one member of Council staff, that consider matters that are intended or likely to be:
· The subject of a decision of the Council; or · Subject to the exercise of a function; duty or power of a Council that has been
delegated to a person or committee [s.76AA]. An assembly of Councillors does not include a meeting of the Council, a special committee of the Council, or any club, association, peak body, political party of other organisation. A written record of each assembly is held by Council and is available for public inspection. The following is a list for the past month of assemblies held and the issues discussed.
Date Type of Assembly Issues Discussed 19 January 2016
Councillors’ Briefing Session Councillors: Paul Sladdin, Marg Attley, Ellen Hogan, Russell Bate, Ray Robinson Officers: Alex Green - Chief Executive Officer Louise Knol - Community Services Manager Michael Bismire - Development Services Manager Ian Geer - Tourism & Economic Development Manager Amer Tawfik - Engineering and Works Manager Cheryl Nickels- Beattie - Finance & Information Services Manager Sharon Scott - Human Resources Manager
Conflict of Interest: NIL Issues Discussed: · 2016-17 Budget · Review of Community Local Law · Planning Consultation meetings · Howqua Inlet Boat Ramp · Reardon Lane dust issue · MMBRTA – Update · Stronger Communities Fund Round 2 – Jamieson Hall · Update on meeting with Indoor Pool Group (YAFM), updating CEO
on issue. · Indoor Aquatic Facility · Local Government Act Review · Licola Road speed limit · Scare Gun issue · Councillor induction program · Hospital Car Park · Peak Waste · Rural Councils Victoria Annual Summit
2 February 2016
Councillors’ Briefing Session Councillors: Paul Sladdin, Marg Attley, Ellen Hogan, Russell Bate, Ray Robinson Officers: · Alex Green - Chief Executive Officer · Louise Knol - Community Services
Manager · Michael Bismire - Development
Services Manager · Ian Geer - Tourism & Economic
Development Manager · Amer Tawfik - Engineering and Works
Manager · Cheryl Nickels-Beattie - Finance &
Information Services Manager (part meeting)
· Sharon Scott - Human Resources Manager
Conflict of Interest: NIL Issues Discussed: · Planning Scheme Amendment C37 · Mansfield Community Keeping Place · VicForests Great Forests National Park proposal · Submissions – C37 Planning Scheme Review · Rural Councils Victoria Conference · Resignation of Senior Strategic Planner · Update on meeting with Alpine Civil and K & A Pirie · Update provided on CEO meeting with Goulburn Valley Water · Tourism North East membership - renew · National Stronger Regions Fund – Priority Projects · High Country Smash Repairs – Building/Planning Permit · Public Toilets maintenance and renewal over next 10 years · Review location of advertising signage at Murphy Fresh
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11. ASSEMBLIES OF COUNCILLORS CONT. Date Type of Assembly Issues Discussed Cont…. 2 February 2016
Cont…. Councillors’ Briefing Session
Cont…. · Ramp access to Newsagency · Cost of skiing at Mt. Buller · Chenery Street Roundabout · Youth Hub entry at Rec. Reserve · High Street pedestrian crossing · Extension to Botanic Park · Sealing of Visitor Information Centre car park
Councillors Bate/Hogan: That the Council note the Assemblies of Councillors as provided.
Carried 12. ADVISORY AND SPECIAL COMMITTEE REPORTS 12.1 Mansfield Shire Environment Advisory Committee: Minutes of Meeting The Minutes of the Mansfield Shire Environment Advisory Committee meeting, held on 16 December 2015, are attached for the Council’s information. Councillors Bate/Robinson: That the Council receive the Minutes of the Advisory Committee meetings as provided.
Carried
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Mansfield Shire Council – Ordinary Meeting of Council: 16 February 2016
Invitees: Cr Marg Attley (Chair), Michael Bismire Development Services Manager, Damien Gerrans Environment Officer, Kerstie Lee Up2Us Landcare Alliance Coordinator, Tandy Annuscheit Gadhaba Local Indigenous Network Representative, Don Howie Victorian Farmers Federation Mansfield Branch, Louise Perrin Mt Buller & Mt Stirling Alpine Resort Managements Environmental Services Manager, Sue Ablitt Community Representative, Ann Prudames Community Representative, Robyn Rattray-Wood Community Representative, Sarah Rau Administration Assistant
Apologies: Michael Bismire
ITEM SUBJECT BUSINESS RESP. OFFICER
1. GENERAL BUSINESS:
1.1 Opening of Meeting 10.04am
1.2 Attendance Damien Gerrans, Louise Perrin, Don Howie, Cr. Marg Attley, Ann Prudames, Kerstie Lee, Sue Ablitt, Robyn Rattray-Wood, Tandy Annuscheit, Sarah Rau
1.3 Apologies Michael Bismire
1.4 Declaration of Interest Nil
1.5 Minutes of Previous Meeting Moved: Sue Ablitt Seconded: Louise Perrin
1.6 Business Arising To be discussed at February meeting
1.7 Meeting dates As attached
1.8 Budget submissions
Damien would like the Committee to put in a formal submission into the 2016/17 budget. Everyone to bring some ideas on submissions to the February meeting. No ideas are too aspirational.
Invite Finance Manager for budget process Invite CEO for rate capping update
1.9 Environment Unit update Climate Smart Adaptation Project - the ground truthing for the project will be 20th and 21st January. There will be one-on-ones with nominated farms/properties
ITEM SUBJECT BUSINESS RESP. OFFICER during both days and an information session open to the public on the evening of the 20th. Watched the Watts Working Better youtube video. Passed around a 'thank-you' gift to all the Committee members.
1.10 Round table
Louise: Fantastic year and achievements Sue: Seconded Louise's sentiments Kerstie: Smooth transition from Suzie to Damien, looking forward to 2016 Ann: Looking forward to local projects Don: Looking forward to rain Robyn: Fantastic Committee Tandy: In awe with Mansfield Cr. Attley: Thanks to everyone
2. NEXT MEETING:
2.1 Next Meeting Thursday 4 February 2016
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Meeting Dates for 2016
The proposed dates for the Environment Advisory Committee meetings for 2016 are:
• 4 February
• 16 March
• 18 May
• 20 July
• 21 September
• 16 November
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13. AUTHORISATION OF SEALING OF DOCUMENTS The following documentation has been signed and sealed by Council: · Instrument of Delegation By Council to the Chief Executive Officer - endorsed by
Council on 19 January 2016 · Instrument of Delegation By Council to Members of Council Staff - endorsed by
Council on 19 January 2016
Councillors Bate/Hogan: That the Council note the above.
Carried SUSPENSION OF STANDING ORDERS Councillors Robinson/Attley: That Council suspend standing orders to facilitate public question time.
Carried 14. PUBLIC QUESTION TIME There were no questions from the Gallery. RESUMPTION OF STANDING ORDERS Councillors Attley/Bate: That Council resume standing orders.
Carried
15. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC
That pursuant to the provisions of Section 89(2) of the Local Government Act 1989, the meeting be closed the public in order to consider: (h) any other matter which the Council or special committee considers would
prejudice the Council or any person; (i) a resolution to close the meeting to members of the public.
Councillors Attley/Bate: That the meeting be closed to members of the public under Section 89(2) of the Local Government Act 1989, specifically the following sub-section: (h) any other matter which the Council or special committee considers would
prejudice the Council or any person. (i) a resolution to close the meeting to members of the public.
Carried
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Councillors Hogan/Bate: That the meeting be reopened to members of the public.
Carried 16. CLOSE OF MEETING
There being no further business the meeting concluded at 6.30pm.
