Bass Coast Shire Council Agenda for Ordinary Meeting Wednesday 15 February 2017 The Old Wonthaggi Post Office 74 McBride Avenue Wonthaggi 5.00pm NOTE: Meeting open to the public from 5.00pm Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Notice of Meeting Notice is hereby given that the next Ordinary Meeting of the Bass Coast Shire Council will be held at the Old Wonthaggi Post Office, 74 McBride Avenue Wonthaggi on 15 February 2017 at 5.00pm Date of Notice - 10 February 2017 Paul Buckley PSM Chief Executive Officer Agenda Mobile Telephone Reminder Please turn off all mobile telephones or in the case of an emergency, please advise the Chair and switch to silent mode. Statement of Acknowledgement Bass Coast Shire Council acknowledges Aboriginal and Torres Strait Islanders as the first Australians and recognises that they have a unique relationship with the land and water. Council also recognises that we are situated on the traditional lands of the Bunurong/Boonwurrung, members of the Kulin Nation who have lived here for thousands of years. We offer our respect to their elders past and present and through them, all Aboriginal and Torres Strait Islander people. Councillor Statement All members of this Council pledge to the Bass Coast Shire community to consider every item listed on this evening’s agenda: Based on the individual merits of each item; Without bias or prejudice by maintaining an open mind; and Disregarding Councillors’ personal interests so as to avoid any conflict with our public duty. Any Councillor having a conflict of interest in an item will make a proper, prior disclosure to the meeting and will not participate in the debate or vote on the issue. Page 2 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council A Present and Apologies ................................................................................................. 4 B Declarations of Interest ............................................................................................... 5 C Confirmation of Minutes.............................................................................................. 6 D C.1 Ordinary Meeting held on 14 December 2016 ..................................................... 6 Public Question Time .................................................................................................. 7 E Petitions, Joint Letters and Deputations ................................................................... 8 F E.1 Request for footpath/bike track between Rhyll and Cowes ................................ 8 Notices of Motion ....................................................................................................... 10 F.1 G 166/17 Support for “Keep Me Posted - Support the Consumers’ Right to Choose” campaign, Cr Pamela Rothfield ....................................................... 10 F.2 167/17 Use of Recycled Products in Reserves. Cr Pamela Rothfield ................ 12 F.3 168/17 Phillip Island New Year's Eve Working Group, Cr Stephen Fullarton ................................................................................................................ 13 F.4 169/17 Capital Works Proposals. Cr Les Larke ................................................... 14 F.5 170/17 Council’s Financial Sustainability Risk Indicators as at 31 March 2017, Cr Les Larke .................................................................................... 15 F.6 171/17 Procurement Policy, Cr Les Larke ........................................................... 16 F.7 172/17 Anderson Street Boat Ramp Kiosk Lease, Cr Michael Whelan ............. 18 Mayor and Councillor Reports .................................................................................. 22 H Reports Requiring Council Decision ......................................................................... 24 H.1 H.2 I 160195 - Two lot subdivision - 140 Punchbowl Road - San Remo .................... 24 160089 - Subdivide the land at 2A Dover Street, Sunderland Bay into two allotments ...................................................................................................... 37 H.3 Inverloch Transfer Station additional information and Phillip Island Transfer Station progress update ........................................................................ 47 H.4 Car Ferry Infrastructure - Business Case ............................................................. 60 H.5 Bass Coast Shire Council Road Management Plan Review 2017 ...................... 66 H.6 Public Art Allocation - Wind Blades- Creative Artwork/Play Project at Guide Park, Wonthaggi ........................................................................................ 71 H.7 Future Art Gallery Options................................................................................... 76 H.8 Council Meeting Schedule 2017 .......................................................................... 80 H.9 Determination of Councillor and Mayoral Allowances ..................................... 83 H.10 Adoption of Provision of Resources to Councillors Policy ................................. 86 H.11 Cowes Yacht Club Lease Area Variation ............................................................. 88 H.12 Wonthaggi Highball Facility - Victorian School Building Authority 2017-17 Shared Facility Fund ............................................................................... 91 Statutory Reports....................................................................................................... 97 I.1 I.2 J CEO's Report for February 2017 ......................................................................... 97 2016/2017 Major Initiatives, Finance and Capital Works Second Quarter Report ................................................................................................... 101 I.3 Quarter 2 Efficiency Report 2016/2017 ............................................................ 109 I.4 Contracts Awarded Report ................................................................................ 113 I.5 Assembly of Councillors Report ......................................................................... 114 I.6 Planning and Building Statistics - November 2016 ........................................... 116 I.7 Planning and Building Statistics - December 2016 ........................................... 120 I.8 Place Names Committee Meeting Minutes ...................................................... 124 Urgent Business ........................................................................................................ 125 Page 3 Ordinary Meeting - 15 February 2017 A Bass Coast Shire Council Present and Apologies Page 4 Ordinary Meeting - 15 February 2017 B Bass Coast Shire Council Declarations of Interest Page 5 Ordinary Meeting - 15 February 2017 C Confirmation of Minutes C.1 Ordinary Meeting held on 14 December 2016 Bass Coast Shire Council That the minutes of the Ordinary Meeting held on 14 December 2016 be confirmed. Page 6 Ordinary Meeting - 15 February 2017 D Bass Coast Shire Council Public Question Time This is the only opportunity that members of the public will have to put questions to Council. Unless approved by the Mayor, no other opportunities will be given to the public to discuss agenda items with the Council. Page 7 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council E Petitions, Joint Letters and Deputations E.1 Request for footpath/bike track between Rhyll and Cowes File No: Department: Council Plan Strategic Objective: CM17/83 Healthy Communities and Governance Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery. A petition containing 88 signatures has been presented to Council. The petition reads: “Our local community needs better pathways for kids and adults to get around our Island without putting themselves in danger. We currently have no safe way to get from Rhyll to/from Cowes without car. Our lives are put in danger every time we try to walk or ride on Cowes Rhyll Road. We need a footpath/bike track now to ensure the safety of all.” Section 63.2 of the Bass Coast Shire Council Meeting Procedure Local Law 2009 states that: “A petition or joint letter presented to Council must lie on the table until the next ordinary meeting of Council and no motion, other than to receive the petition or joint letter may be accepted by the Chairperson, unless the Council agrees to deal with it earlier.” Recommendation 1. That the petition be received and lie on the table until the next Ordinary Meeting of Council to be held 15 March 2017. 2. That the head petitioner be advised of Council’s decision. Attachments AT-1 CONFIDENTIAL - Petition footpath-bike track Rhyll and Cowes 7 Pages Page 8 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Notices of Motion Page 9 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council F Notices of Motion F.1 166/17 Support for “Keep Me Posted - Support the Consumers’ Right to Choose” campaign, Cr Pamela Rothfield I, Cr Pamela Rothfield, hereby give notice that I intend to move a motion at the Ordinary Meeting on 15 February 2017, which reads as follows: THE “KEEP ME POSTED - SUPPORT THE CONSUMERS’ RIGHT TO CHOOSE” CAMPAIGN Motion That Council supports the “Keep Me Posted - Support the Consumers’ Right to Choose” campaign. Background Many Australians prefer to receive their invoices and bank statements on paper due to reasons such as lack of internet access, digital abilities, security concerns with online fraud or simply for convenience. Others prefer email for practical reasons. Either way, it’s important that Australians have the right to choose. The Keep Me Posted Campaign is promoting the right of every Australian to have the choice to receive, free of charge, important information from service providers in paper format. Every Australian should be given the right to choose how they receive correspondence without disadvantage or penalty. The Keep Me Posted pledge urges companies to: Offer all consumers the choice of receiving information through paper correspondence as a standard offer; Refrain from penalising in any way, any consumer for preferring to receive information through paper correspondence: o No extra charge o No change of frequency o No difficulty to revert back to paper correspondence o Require prior consent from consumers before ceasing to send paper documents. Keep Me Posted has already obtained the official support of three Victorian Local Government Authorities (Hume, Monash and Maribyrnong). The Local Government Association of Tasmania has also passed a motion to support the campaign seeing Tasmania as the first State to unilaterally support the campaign. Page 10 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council ………………………………………….. Cr Pamela Rothfield, Island Ward Dated: 15 February 2017 Attachments There are no attachments for this report Page 11 Ordinary Meeting - 15 February 2017 F.2 Bass Coast Shire Council 167/17 Use of Recycled Products in Reserves. Cr Pamela Rothfield I, Cr Pamela Rothfield, hereby give notice that I intend to move a motion at the Ordinary Meeting on 15 February 2017, which reads as follows: USE OF RECYCLED PRODUCTS IN RESERVES Motion That Council considers the purchase of recycled products when replacing furniture in reserves. ………………………………………….. Cr Pamela Rothfield, Island Ward Dated: 15 February 2017 Attachments There are no attachments for this report. Page 12 Ordinary Meeting - 15 February 2017 F.3 Bass Coast Shire Council 168/17 Phillip Island New Year's Eve Working Group, Cr Stephen Fullarton I, Cr Stephen Fullarton, hereby give notice that I intend to move a motion at the Ordinary Meeting on 15 February 2017, which reads as follows: PHILLIP ISLAND NEW YEAR'S EVE WORKING GROUP Motion That Council: 1. Establish a working group to plan and co-ordinate New Year’s Eve activities on Phillip Island in 2017. 2. Invite representatives from selected organisations who can assist with this planning to join the working group, which will commence in February 2017. This group will comprise of a Bass Coast Shire Councillor (Chair), Council’s Events Team, representatives from the Phillip Island Tourism and Business Association, the Phillip Island Progress Association, the Cowes Retail Traders Association, the Victoria Police, Emergency Services representatives (as required) and selected community representatives. ………………………………………….. Cr Stephen Fullarton, Island Ward Dated: 15 February 2017 Attachments There are no attachments for this report. Page 13 Ordinary Meeting - 15 February 2017 F.4 Bass Coast Shire Council 169/17 Capital Works Proposals. Cr Les Larke I, Cr Les Larke, hereby give notice that I intend to move a motion at the Ordinary Meeting on 15 February 2017, which reads as follows: CAPITAL WORKS PROPOSALS Motion That the Chief Executive Officer ensure that any future new, upgrade or expansion capital works proposals must include a lifecycle cost evaluation that identifies the asset’s design and construction costs, maintenance costs and operating cash flow requirements and depreciation, over the course of the long term financial plan. ………………………………………….. Cr Les Larke, Bunurong Ward Dated: 15 February 2017 Attachments There are no attachments for this report. Page 14 Ordinary Meeting - 15 February 2017 F.5 Bass Coast Shire Council 170/17 Council’s Financial Sustainability Risk Indicators as at 31 March 2017, Cr Les Larke I, Cr Les Larke, hereby give notice that I intend to move a motion at the Ordinary Meeting on 15 February 2017, which reads as follows: COUNCIL’S FINANCIAL SUSTAINABILITY RISK INDICATORS AS AT 31 MARCH 2017 Motion That the Chief Executive Officer report the current state of Council’s Financial Sustainability Risk Indicators as at 31 March 2017. That such report be presented to Council at its April 2017 Ordinary Meeting, including: Net result (%) Liquidity ratio (ratio) Internal financing (%) Indebtedness (%) Capital replacement (ratio) Renewal gap (ratio) in accordance with the Victorian Auditor-General’s (VAGO) definitions and report format as outlined in VAGO’s report titled ‘Local Government: 2015-16 Audit Snapshot’ dated November 2016. Further, that such report be presented to Council at each monthly Ordinary Meeting ongoing from April 2017. In addition a review of the monthly performance reporting regime covering financial and non-financial activities of Council be undertaken with a target implementation by 1 October 2017. ………………………………………….. Cr Les Larke, Bunurong Ward Dated: 15 February 2017 Attachments There are no attachments for this report. Page 15 Ordinary Meeting - 15 February 2017 F.6 Bass Coast Shire Council 171/17 Procurement Policy, Cr Les Larke I, Cr Les Larke, hereby give notice that I intend to move a motion at the Ordinary Meeting on 15 February 2017, which reads as follows: PROCUREMENT POLICY Motion That Attachment AT-1 (and as amended at any time by the Municipal Association of Victoria (MAV)) be received and adopted as Council’s Procurement Policy, subject to the following: Amend Clause 2.1.2.1 dot point 3 by deleting the words “such as contract prices”; Amend Clause 2.1.6 by adding a further sentence at the end of the last paragraph, that being: “The Chief Executive Officer to maintain a register of such approaches”; and Insert “Addendum 1: Local Sourcing Council recognises that it is a major purchaser of goods and services and design and construct works within the Bass Coast Shire, and is keenly aware that its procurement policies, practices and processes have the potential to influence the local economy. Council recognises the benefits of purchasing locally, and is committed to increasing and promoting a sustainable Bass Coast Shire economy. To achieve this, Council will use its best endeavours to support the local community including business and industry within the Bass Coast Shire, and maximise local opportunities by means that are consistent with achieving demonstrated sustained value. Council will include the evaluation criteria of ‘Benefit to Bass Coast Shire economy’ where the purchasing of goods and services and/or design and construct works (whether or not subject to tender) is likely to have an impact on the Bass Coast Shire economy and/or local jobs. That the Chief Executive Officer table the revised Procurement Policy for final approval by Council at the March 2017 Ordinary Meeting. That Attachment AT-2 (and as amended at any time by Local Government Victoria) be received and adopted as Council’s Best Practice Procurement Guidelines. That Procurement Approval Levels be Reserved for Council from this date, as follows: Page 16 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Contract approval for all expenditure exceeding $250,000 (including GST) for goods and services and exceeding $250,000 (including GST) for Design and Construct works; and Variations and contract term extensions (requiring additional budget) in relation to such contracts. That Council’s Chief Executive Officer revise Council’s Procurement Delegation Framework including Authorities, Responsibilities and Procurement Approval Levels to accord with: Procurement Approval Levels Reserved for Council; MAV Model Procurement Policy, subject to Clause 2.1.2.1 and 2.1.6 amendments and insertion of Addendum 1 as set out above; and Victorian Local Government Best Practice Procurement Guidelines; That the Chief Executive Officer table a schedule of revised Authorities, Responsibilities and Procurement Approval Levels for final approval by Council at the March 2017 Ordinary Meeting. That upon final approval by Council, the revised Procurement Policy and revised Authorities, Responsibilities and Procurement Approval Levels be published on Council’s website for community transparency purposes. ………………………………………….. Cr Les Larke, Bunurong Dated: 15 February 2017 Attachments AT1 MAV Model Procurement Policy 29 Pages AT2 Victorian Local Government Best Practice Procurement Guidelines 2013 147 Pages Page 17 Ordinary Meeting - 15 February 2017 F.7 Bass Coast Shire Council 172/17 Anderson Street Boat Ramp Kiosk Lease, Cr Michael Whelan I, Cr Michael Whelan, hereby give notice that I intend to move a motion at the Ordinary Meeting on 15 February 2017, which reads as follows: ANDERSON STREET BOAT RAMP KIOSK LEASE Motion That Council; 1. give notice of its intent to negotiate directly with the sitting tenant of the Anderson Street Kiosk for a new lease on a term of up to ten years at market rental as assessed by independent valuation subject to the requirements of the Local Government Act 1989; 2. seek support from the Department of Environment Land Water and Planning pursuant to section 190 of the Local Government Act 1989 to this lease arrangement; and 3. publish a notice indicating Council’s intent to lease the site and seeking submissions from the public pursuant to Section 223 of the Local Government Act 1989 with a report back to Council after completion of the consultation process. Background Ms Collis presented to Council in the Community Engagement session on the 8 February 2017 indicating that: the current lease has expired and she is now on a month by month rental basis Ms Collis has operated the business for 10 years and maintains the property in a very satisfactory state she has made substantial improvements to the property that would need to be removed in the event of termination of the tenancy she and her husband also run the sand clearing contract for the boat ramp they are cooperating with Council to achieve economies in the sand contract There is provision in the “Leasing Policy for Crown Land in Victoria 2010” (Department of Sustainability and Environment) that provides for approval to be sought for direct negotiation. “Section 5.3.2 New Leases ……There are special circumstances where it may be impractical to use a competitive process and direct negotiations are an acceptable way to achieve an outcome which serves the community interest (see below). Land managers should fully examine whether a direct negotiation process is the most suitable course of action and explore the alternatives before seeking Ministerial approval to negotiate directly with a proponent. Regardless of whether a Page 18 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council competitive or direct negotiation lease allocation process is used, it must be fair, open and impartial. Renewal of lease to incumbent tenants A proposal to grant a new lease to an incumbent tenant may be considered by the Minister subject to the same considerations as a new lease. Generally, proposals to issue a new lease to an incumbent tenant will not be considered until at least 50% of the term of the lease has expired. Any further term of lease to an incumbent tenant will be through the grant of a new lease. A variation of lease cannot be used to extend the term of a lease to an incumbent tenant. Ministerial approval The final decision to allocate a lease through a direct negotiation process instead of a competitive allocation process rests with the Minister at the time of the Agreement in Principle (AiP) to lease. The Minister may require as a condition of the AiP that the Crown land manager or the proponent undertake a public notification process of the intention to negotiate directly. Guidance Circumstances that may justify direct negotiations: when the current market rental value of a property is low relative to the cost of conducting a competitive process; or when an appropriate competitive process has not produced a satisfactory lease outcome; or when it is clear beyond reasonable doubt that there is only one prospective tenant for a particular property asset; or where, after an assessment of the site, it can be determined that direct negotiation with a prospective tenant would maximise benefits to the community and/or government; or when the lease is short term and does not include obligations on the tenant to carry out capital works; or where there is evidence that conducting a competitive process may place a project of regional or state significance at risk; or where the only practical access is available from adjoining land owned by the proponent; or when it can be demonstrated that the process of selection will be open, fair and impartial” Page 19 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Discussion Council has a policy that at the end of any Crown Land Lease, it will commence a public tender process for the future lease of the facility. This is generally a sound policy. In this circumstance, the lease has expired and a tender process has not yet commenced. The restitution works and set up for another leaseholder would take some time leaving the facility unavailable to the public. The leased property potentially meets some of the circumstances outlined in the above Guidance points e.g. where, after an assessment of the site, it can be determined that direct negotiation with a prospective tenant would maximise benefits to the community and/or government. Achieving permits for similar works to those undertaken by the incumbent may not be readily achievable. For the sake of transparency Council should advertise its intention to seek approval from the Minister and invite comment. Council can be guided by information on the return from similar properties in determining rental and other conditions. ………………………………………….. Cr Michael Whelan, Island Ward Dated: 15 February 2017 Attachments There are no attachments for this report. Page 20 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Mayor and Councillor Reports Page 21 Ordinary Meeting - 15 February 2017 G Bass Coast Shire Council Mayor and Councillor Reports Page 22 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Reports Requiring Council Decision Page 23 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council H Reports Requiring Council Decision H.1 160195 - Two lot subdivision - 140 Punchbowl Road - San Remo File No: Department: Council Plan Strategic Objective: CM16/805 Sustainable Development and Growth Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate. Application Details Use/Development Sought: The Land: Planning Scheme: Zoning: Overlays: Two lot subdivision 140 Punchbowl Road, San Remo Bass Coast Planning Scheme Farming Zone (FZ) Land Subject to Inundation Overlay (LSIO) Significant Landscape Overlay Schedule 1 (SLO1) Declaration The author has no direct or indirect interests in relation to this report. Executive Summary The application proposes to subdivide the land at 140 Punchbowl Road, San Remo into two lots. The proposed Lot 1 has an area of 73Ha and proposed Lot 2 contains an existing dwelling and has an area of 47Ha. The application was advertised and attracted a total of three submissions in the form of objections. The applicant has lodged an appeal at VCAT (the Tribunal) for Council’s failure to determine this application within the prescribed timeframe. The merits of the application have been assessed against the relevant policies of the Bass Coast Planning Scheme and it is considered that the application does not meet the requirements of the Scheme, in particular the requirements for subdivision of land within the Farming Zone. On this basis, it is recommended that Council inform the Tribunal that if it had the power to decide the application it would resolve to issue a Notice of Refusal. Proposed Use & Development The application proposes to subdivide the land into two allotments in general accordance with the proposed plan of subdivision at Figure 1 below. A full copy of the proposed plan of subdivision is included in Attachment 1. Page 24 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Figure 1 - Proposed Plan of Subdivision: The proposed allotments are described as follows: Lot 1 will measure 73 ha with frontage to Phillip Island Road and Punchbowl Road; and Lot 2 will measure 47 ha with frontage to Punchbowl Road and Bass Strait. A farm management plan has been submitted in support of the application. The plan states that the subject land has been used over the years for cattle grazing, hay yielding, pea cropping and the like. The report acknowledges that the proposed subdivision is: Of sufficient size to be a productive unit and large enough area to have internal paddock subdivision to allow rotational grazing and be environmentally safe and sustainable into the future. Of sufficient land area for surplus spring pasture production to be harvested and fed back into the animal grazing system during autumn-winter as silage for early cut hay. Page 25 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council These grazing areas are a consistent size with other properties already producing high quality product. A ten year land management plan has been recommended as part of the farm management plan. Reason a Council Decision is required Councillors have requested that this application be brought to a Council meeting for a decision. Background Subject Site The subject site is rectangular in shape with Phillip Island Road providing a boundary to the north and the Bass Strait to the south. The top of the ridgeline is towards the southern part of the proposed Lot 2, from here the land falls away relatively steeply towards Bass Strait. Figure 2 - Site and Surrounding: Page 26 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council The site is currently agricultural grazing land and comprises a single dwelling located along the southern boundary of the site. The subject site lies approximately 1.5 kilometres to the east of the town centre of San Remo. Access to both lots is proposed to be from Punchbowl Road which is a Council maintained road. Punchbowl Road is a gravel surface and undulating in parts. It is noted that lots adjoining Punchbowl Road are located outside of the existing settlement boundary of San Remo. Permit History The site is subject to the following planning permits: Planning Permit 991631 - Issued for the subject land on 17 May 2000. The application had been extended twice, the last time being on 18 January 2006 and has now lapsed. The permit allowed the land to be used and developed for the construction of a tourist establishment incorporating an 18 hole golf course, 4 accommodation lodges, clubhouse including accommodation and associated facilities. Planning Permit 991777 - Issued on 5 September 2000 allowing the subdivision of land into two lots. This permit was never implemented and has now lapsed. Planning Permit 050973 - Issued at the direction of VCAT on 26 July 2007. The application was for use and development of the land for tourist accommodation and associated facilities, golf course, removal of vegetation and provisions of site access. This permit has now lapsed. Planning Application 140299 - At its Ordinary Meeting of 9 December 2015, Council resolved to issue a Notice of Decision to grant a permit for a three lot (staged) subdivision for the purposes of a Leisure and Recreation Facility (golf course) and associated tourist accommodation. The Notice of Decision was appealed to the Victorian Civil and Administrative Tribunal who remitted the application to Council for further consideration. An amended proposal was submitted, and subsequently withdrawn by the applicant. Surrounds The subject site has significant coastal views to the north and south. The surrounding area of Punchbowl Road is mainly grazing land with some scattered dwellings. The western side of Punchbowl Road is largely clear of any vegetation, whilst scattered planting exists to the eastern side. The openness of the western side of Punchbowl Road provides a visual break to the edge of the growing town of San Remo some 1.5 km to the west where a number of new residential subdivisions have been approved. The coastlines to the north and south of the subject site dominate the character of the area, with the subtle changes from ocean to bay reflected in the landscape and coastal vegetation. The eastern side of Punchbowl Road has a number of dwellings on smaller lots however, the outstanding natural views are to the west and to Cape Woolamai. As such the existing residential dwellings to the east side of the road do not significantly affect views of the natural environment. Page 27 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Notice The applicant gave notice pursuant to Section 52 of the Planning and Environment Act 1987; and included sending a copy of the notice to 28 surrounding landowners and occupiers and placing signs facing both Punchbowl and Phillip Island Roads. Notices were also given to those who had objected to Planning Application 140299. The applicant provided a statutory declaration stating that the notification procedures were conducted in accordance with the Council’s instructions. Submissions A total of three written submissions in the form of objections were received in response to the application. A summary of responses is provided in the table below: Table one: Summary of concerns raised in each objection Objection 1 Summary of Concerns No reasons provided with the application to subdivide the land. Impact on the significant flora and fauna habitats and landscape and destroying the vista of the area. Page 28 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Visual impact of the subdivision will be detrimental to the delicate environment of the area and cliff top habitats. No details provided whether the existing electricity lines will be underground at the owner’s expense. No details of the impact of traffic on Punchbowl Road has been submitted with the application. There has not been any details of future developments included in this application and how this development will impact on the rural setting of Punchbowl Road. 2 The proposed subdivision will not facilitate the outcomes anticipated for the land in the Planning Scheme. Proposed subdivision does not appear to be based on any of the current zone purposes. The proposed subdivision is inappropriate having regard to the outcomes anticipated for the land in the Planning Scheme, the zone purposes and relevant planning controls. The adjoining land owner and resident at Punchbowl Road will be directly affected by subdivision which does not facilitate the outcomes anticipated for the land, which is not based on zone purposes and which is inappropriate. 3 ( from National Trust) Any proposed subdivision of the land must include building restrictions/envelopes, sensitive to the SLO demonstrating that the relevant planning controls and objectives are capable of being met on both proposed lots 1 and 2 to avoid inappropriate buildings and works on or close to the main ridgeline and in exposed locations. Map 2 in clause 21.08 of the Planning Scheme requires a new pedestrian and cycle trail to complete the missing link in the existing George Bass Coastal Walk. The proposal does not provide for such link. The break-up of the site and division along the ridgeline is inappropriate and premature and not consistent with the purpose of the FZ being ‘to encourage the retention of productive agricultural land’. The creation of two small farm holdings with inevitable duplication of farm structures with less area further limiting agricultural potential, is not consistent with planning policy that seeks to retain viable and productive farming and agricultural units. Page 29 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council The proposed subdivision does not comply with the new subdivision area of 80ha min lot size under Amendment C140 as this is a seriously advanced Amendment. The panel report has found in favour of an 80Ha min lot size for this part of the mainland area of the shire (paragraph 4.3 of the panel report). Referrals The application was referred in accordance with Section 52 and 55 of the Planning and Environment Act. Referrals can be either determining or recommending. Council is bound to follow the advice of determining referral authorities whereas recommending authorities provide advice and proposed conditions for the applicant to adhere to. A summary of referrals for this application is provided below: Table two: Referral requirements and comments Referral Authority Comments Referrals under section 55 of the Planning and Environment Act 1987 VicRoads Endorsed the proposal subject to conditions. Referrals under section 52 of the Planning and Environment Act 1987 National Trust Objected to the proposal. Department of Environment, Land, Water and Planning Did not object to the proposal. West Gippsland Catchment Management Authority Did not object to the proposal. RELEVANT STRATEGIES Planning Scheme Requirements A planning permit is required for subdivision in the Farming Zone and under the Land Subject to Inundation Overlay (LSIO). The planning controls, planning permit triggers and policy as relevant to the assessment of this application is included in Attachment 1. Page 30 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Council Adopted Strategies The Council adopted strategies that are relevant to the assessment of this application include: Rural Land Use Strategy At its Ordinary Council meeting on 21 August 2013, Council adopted the Rural Land Use Strategy. This document sets out the long-term vision for the Shire’s rural land use. Its vision aims to: - Protect the opportunity for agriculture. - Protect rural landscape and maintain green breaks between towns. - Provide for rural-based tourism. - Ensure that environmental values are protected and enhanced. - Protect the liveability of Bass Coast’s rural areas. This document is a strategic tool that will be used to develop appropriate planning policies and controls to incorporate into the Bass Coast Planning Scheme. Planning scheme Amendment C140 was prepared to implement the recommendations in the Rural Land Use Strategy. It is noted that this Amendment has been adopted by Council and final approval from the Planning Minister has been granted. The final step in the formal process will be gazettal of the amendment which is anticipated to occur on Thursday 9th of February 2017. Amendment C140 introduces a number of new policies into the Bass Coast Planning Scheme to address issues such as rural subdivision; particularly ‘small lot’ subdivision in the Farming Zone. Amendment C140 has amended the minimum lot area for subdivision in the Farming Zone from 40ha to 80 ha for land located on the mainland. This increase was considered to be an appropriate size in the farming zone as it aims to; Facilitate farm growth and expansion. Support agricultural activities. Prevent proliferation of dwelling not associated with agriculture. Maintain land in parcels with productive land management potential, and; Recognise that most farm units are comprised of multiple lots. Amendment C140 also introduces policy (22.04 and 22.05) that identifies small lot excisions with or without houses as generally inappropriate in rural areas as the additional house entitlement created is rarely necessary to improve the farm operation of the land. Excisions result in rural land being progressively lost to hobby farming or rural residential uses which is in direct conflict with the aims and objectives of the strategy. Page 31 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council San Remo, Newhaven, and Cape Woolamai Structure Plan (2010). This document was reviewed in 2015 and (as relevant) relates to the expansion of the settlement boundaries for San Remo and relocation and extension of the alignment of the proposed east-west link in San Remo. In relation to the future development of the site, the Structure Plan (p.15) states: “ Facilitate the development of this land for non-residential uses associated with recreation and tourism, provided that these uses (and their associated infrastructure) compatible with the high amenity values of the significant coastal landscape south of the primary ridgeline”. The subject site lies on Punchbowl Road that marks one end of the George Bass Coastal Walk, which runs from San Remo to Kilcunda. The walk is along the coastline in this area, with the San Remo to Black Head part of the route being on the National Trust Register as a landscape of cultural significance. In relation the George Bass walk, the Structure Plan (p. 15) states: “Establish a continuous public coastal trail from San Remo to Kilcunda for environmental protection and public access between Potters Hill Road and Punchbowl Road” Council has recently adopted ‘Bass Coast Shire Aspirational Network Pathways Plan 2016’ (on 18 May 2016) and the extension of the George Bass Walking Trail has been identified in this study. It is assessed that the construction and completion of the coastal trail will be carried out in future and land forming the southern part of proposed Lot 2 may be utilised for this purpose. It is assessed that whilst the Planning Scheme identifies a potential change of zoning of the land in the future, subdividing the land whilst it is in the farming zone would be premature without an identified use and development. Officer’s Considerations and Response to Submissions. The subject site is partly located within the ultimate township boundary of San Remo’s identified tourist area, on land that is currently zoned ‘Farming’ and is earmarked for urban development. The southern half of the subject land has been earmarked for ‘Recreation and Tourism’ purposes. Page 32 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council State, local and zone policy considerations The application is considered to be inconsistent with the Farming Zone provisions of the Planning Scheme and Council’s adopted Rural Land Use Strategy 2014. With regards to land zoned Farming, there is a clear imperative set by the Bass Coast Planning Scheme that it should be used for agricultural purposes and that productive agricultural land is to be retained and protected from fragmentation, loss and potential land use conflicts (Clause 14.01-1; 14.01-2; 21.03-5; and 35.07). The proposal largely fails to meet the farming zone decision guidelines set at Clause 35.07-6 on the following grounds; The proposal does not accord with the State and Local Planning Policy Frameworks as it would lead to a fragmentation of productive agricultural land thereby reducing the long term productive capacity of the site, and the impact this would have on the contribution of agriculture to the economy. The proposed subdivision is not considered to be compatible with adjoining and nearby land uses. The proposed subdivision would not support and enhance agricultural production in this area. It is Council’s strategic vision for the area that land be maintained in large parcels in order to be productive. Small lot sizes with the ability to construct a dwelling does not accord with this vision. Significant Landscape Overlay Schedule 1: The Significant Landscape Overlay Schedule 1, clause 42.03-2 requires a planning permit to construct a building and carry out works and remove vegetation unless specifically exempt by the relevant schedule. The relevant schedule is ‘Schedule 1’ and relates to ‘Strzelecki Foothills and Bass Valley’. Page 33 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council It is noted that this overlay deals with removal of vegetation and buildings and works. As there is no development proposed with the application and there is not a permit requirement under the SLO1 overlay provisions for a Planning Permit to subdivide land, the consideration of the SLO1 objectives and guidelines are therefore not considered relevant to the assessment of this application. However if the permit holder applies for a permit in future for any buildings and works then that application will be considered accordingly at the time against the relevant provisions of the Planning Scheme. Road Zone 1: In accordance with Clause 52.29 of the Bass Coast Planning Scheme, a permit is required to subdivide land adjacent to Road Zone Category 1. It is noted that VicRoads had no objection and have formally consented to the granting of a permit. Land Subject to Inundation Overlay The subject land is affected by a number of waterways and was therefore referred to West Gippsland Catchment Management Authority (WGCMA) for comments. No concerns were raised by the WGCMA. VCAT Appeal: The application has been appealed at VCAT under s79 of the Planning & Environment Act 1987 for Failure to Grant a Permit within the prescribed time. Council’s position on the application will be required at the Tribunal. Relevant VCAT decisions; There have been a few recent VCAT appeals relating to subdivisions in the Farming Zone involving Bass Coast Shire Council. The Tribunal considered a broad range of planning related issues which were similar to the subject application and upheld Council’s decision to refuse these subdivision applications. Two of these appeals were as follows: a) Bass Coast Shire Council v Bruce Gibson (12 June 2015) This application sought approval to excise an existing dwelling from the land. The subject site was zoned Farming and had a land area measuring approximately 47 hectares. The reason for the excision of the existing dwelling from the site was required to enable the owner to continue to live in the existing dwelling without having to farm the land. This approach does not accord with State or Local Planni ng Policy which encourages the protection of productive farmland which is of strategic importance from the proliferation of housing on small lots and housing u nrelated to agriculture; or policy that aims to discourage uses not directly related to, or that may have an adverse impact on agriculture and future agricultural opportunities. Page 34 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Council issued a Notice of Refusal which was appealed by the permit applicant and Councils decision was upheld by the Tribunal. b) Bass Coast Shire Council v Roger Bailey (28 November 2014) The application proposes the subdivision of two existing rural lots into six lots of approximately 40 hectares each. The proposal was refused by Council on grounds that the subdivision was inconsistent with the State Planning Policy and the Bass Coast Rural Land Use Strategy (RLUS). VCAT also upheld Council's decision and the member quoted (from a previous appeal involving Greg Chalmers Pty Ltd v Greater Geelong CC 2007): … the more the more rural land is fragmented into smaller pieces, the less useful and useable it is for farming purposes. It has long been held recognised in rural planning, indeed for decades, that fragmentation of rural land, with or without proliferation of non-farm rural houses not required for farming purposes are a very serious threat to the continued usefulness and useability of farming land. Fiddly bits of land are less useful, particularly if of an appropriate (sic) shape and location, than larger areas. The whole trend of farming practice has been to increase areas required for farming enterprises whilst there has been continuing pressure to cut land up into smaller amounts to exploit is residential value. Good town and country planning looks for residential uses to be located in or on the edge of towns, or at least in areas planned for that purpose, rather than spread over rural zones areas. Conclusion The application has been assessed against the State and Local Planning Policy Framework, including the Municipal Strategic Statement and Farming Zone provisions of the Bass Coast Planning Scheme. Whilst the application is assessed as consistent with the San Remo, Newhaven and Cape Woolamai Structure Plan, it is inconsistent with the provisions of the Farming Zone making subdivision at this time inappropriate. On this basis, it is recommended that Council informs the Tribunal that if it had the power to determine the application, it would have issued a Notice of Refusal. Recommendation That in relation to planning permit application 160195 for a two (2) lot subdivision located at 140 Punchbowl Road, San Remo, Council informs the Tribunal that if it had the power to determine the application, it would have issued Notice of Refusal on the following grounds; 1. The proposal is inconsistent with Clause 14.01-1 and Clause 14.01-2 o the State Planning Policy Framework that related to protection of agricultural land and rural land use. 2. The proposal is inconsistent with Clause 21.02-4 and Clause 21.03-5 of the Municipal Strategic Statement that relates to small rural lots and agriculture. Page 35 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council 3. The proposal is inconsistent with Clause 22.02 of the Local Planning Policy that relates to hilltop, ridgeline and prominent coastal land reform protection policy. 4. The proposal is inconsistent with the purpose and decision guidelines of the Farming Zone provisions at Clause 35.07 of the Bass Coast Planning Scheme. 5. The proposal is inconsistent with the decision guidelines of Clause 65 of the Bass Coast Planning Scheme. 6. The proposal is inconsistent with the objectives and decision guidelines of the approved Rural Land Use Strategy 2014. 7. Inadequate justification has been provided in relation to the economic merits of substantially reducing a broad acreage land holding. Attachments AT-1 106195 - Planning Scheme Requirements 3 Pages AT-2 160195 - Proposed Plan of Subdivision 1 Page AT-3 160195 - Farm Management Plan 29 Pages AT-4 CONFIDENTIAL - 160195 - Submissions 6 Pages Page 36 Ordinary Meeting - 15 February 2017 H.2 Bass Coast Shire Council 160089 - Subdivide the land at 2A Dover Street, Sunderland Bay into two allotments File No: Department: Council Plan Strategic Objective: CM16/865 Sustainable Development and Growth Natural Environment Our unique natural environment is protected, maintained and enhanced for the enjoyment of all. Previous Items: PR1/16 - 160089 - Subdivide the land at 2A Dover Street, Sunderland Bay into two allotments - Council - 14 Dec 2016 5.00pm Application Details Use/Development Sought: The Land: Planning Scheme: Zoning: Overlays: Locality Plan: Two lot subdivision 2A Dover Street (Lot 2, PS506136) Bass Coast Planning Scheme Low Density Residential Zone Vegetation Protection Overlay, Schedule 2 (refer attached) Declaration The author has no direct or indirect interests in relation to this report. Executive Summary This application proposes to subdivide the land at 2A Dover Street into two allotments. The proposal triggers the need for a planning permit under clause 32.03-3 (Low Density Residential Zone) of the Bass Coast Planning Scheme. The application was advertised and attracted five submissions. The application was presented to Council at its Ordinary Meeting on 14 December 2016. Council resolved to defer decision to allow for further consideration of the application. The merits of the application have been considered against the relevant policy of the Planning Scheme. Whilst the proposed subdivision is within the town boundary and zoned appropriately, the Bass Coast Planning Scheme discourages increased housing densities in towns without the appropriate infrastructure or services to support such development. It is assessed that a whole of catchment drainage strategy is required prior further development. On this basis, it is recommended that Council resolve to refuse planning permit application 160089. Page 37 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Proposed Subdivision The application proposes to subdivide the land into two allotments in general accordance with the proposed plan of subdivision prepared by Brosnan Engineering Solutions (Revision C, dated 12 July 2016). A full copy of the proposed plan of subdivision is included in Attachment 1 (AT-1). The proposed allotments have a land area measuring above 2000sqm, as such are required by the Bass Coast Planning Scheme to be connected to reticulated sewerage. Image one: Proposed subdivision of 2A Dover Street Reason a Council Decision is required Council’s delegations require applications that attract five or more objections to be determined by Council. This application attracted five objections. The application was presented to Council at its Ordinary Meeting of 14 December 2016, Council resolved the following; That Council defer consideration of this matter to the next Ordinary Council Meeting. Background Subject Site Following is a description of the subject site and other relevant information pertaining to the allotment. Page 38 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Image two: Subject Site Site Dimensions 5000 sqm Site Frontage 5.8m Topography Flat; site level of 19.5m AHD Vegetation Cover Grassed paddock with trees located centrally within the allotment, and a mixture of native and exotic plant species located around the perimeter of the site. Current Use A dwelling is located within proposed Lot 1. Note: the above image is from Council’s GIS system and was taken in November 2015, before the dwelling was relocated to the site. Easements A 3.0m wide drainage and sewerage easement is located on the sites eastern and southern boundary Restrictive Covenants The site is not encumbered by any restrictive covenants Aboriginal Cultural Heritage Sensitivity The site is not located in an area of Aboriginal Cultural Heritage Sensitivity Planning Permit History The site has not been subject to any other planning permits Surrounds The Subject Site is located within the defined settlement boundary of Sunderland Bay. Sunderland Bay is a coastal hamlet located approximately 5.0 km south of Cowes, Phillip Island’s main township. Sunderland Bay does not have any commercial or community infrastructure; rather residents in this settlement are required to travel to Cowes or the mainland to fulfil their day-to-day needs. The coastline is located approximately 200m west of the subject site. The physical infrastructure servicing the residential areas of Sunderland Bay includes gravel roads and open swale drains, reticulated electricity, reticulated water/sewerage and telecommunications. It is noted that those allotments included in the Low Density Residential Zone, are not connected to reticulated sewerage. The topography of Sunderland Bay is flat, with the westernmost section of the township having a ground level of approximately 19.5m AHD, the implications being significant drainage issues. Page 39 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Image three: Subject Site’s location within Sunderland Bay Image four: Zone Map. Source: Bass Coast Planning Scheme. Land coloured Pink is included in the General Residential Zone, land coloured apricot is included in the Low Density Residetnial Zone and land coloured light blue is included in the Farmng Zone. Notice Notice of the application was required under Section 52 of the Planning & Environment Act 1987, as the responsible authority was not satisfied that the grant of the permit would not cause material detriment to any person. Page 40 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council The Applicant gave notice in the following manner: Sent copies of the Notice by registered mail to 51 land owners and occupiers; and Placed a Notice on the land. Submissions In response to notification the application attracted six submissions. One submission was withdrawn as the Applicant agreed to relocate the proposed building envelope so that it would be setback a minimum of 3.0m from the boundary shared with 1A Dover Street, Sunderland Bay. Should Council resolve to approve this application it is recommended that a condition be placed on the permit to secure the 3.0m setback of the building envelope. A summary of the remaining objections is listed in the following table and a copy of each objection is included in Attachment 3 (AT-3). Table 1: Summary of Concerns raised in each objection Submission Summary of Concerns 1 Current land supply is adequate and a further allotment is unnecessary. 2 Current land supply is adequate and a further allotment is unnecessary 3 Lack of footpaths in Dover Street 4 Increase traffic on Phillip Island and within Sunderland Bay 5 Increase traffic in Dover Street and Sunderland Bay; inadequate road infrastructure and increased traffic will result in dust and noise. Referrals The following table outlines the referral requirements of this application. Table 2: Referral requirements and their comments Referral Authority Comments External (Section 55 of the Planning and Environment Act 1987) Not required Clause 66.01 applies, therefore referral not required to servicing authorities providing the conditions at Clause 66.01-1 are included on any permit issued. Internal (Section 52 of the Planning and Environment Act 1987) Revenue Services Asset Management No objection to approval of the application. Objected to the approval of the application for the following reasons: Housing density should not be increased in this area due to the drainage system capacity. The piecemeal approval of planning permit applications will not resolve drainage issues in fact it will make it more difficult to develop a solution. The application is considered premature until such time that the Sunderland Bay Drainage Strategy, which addresses the entire catchment, is prepared. Page 41 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Planning Scheme Considerations A planning permit is required to subdivide the land into two allotments; in areas with connection to reticulated sewerage the allotments can have a land area of 2000 sqm. Works are currently being progressed to connect the site to reticulated sewerage. The planning controls, planning permit triggers and policy as relevant to the assessment of this application is included in Attachment 3 (AT-3). Officer’s Considerations State and Local Planning Policy Framework Assessment The intention of the relevant State and Local Planning Policies is to encourage residential subdivisions to be located within existing settlements, encourage development at a range of densities; and improve housing choice and affordability. Policy further intends to achieve growth that is considerate of neighbourhood character, environmental quality, service limitations and cost of providing infrastructure. The proposed subdivision meets some of these policy objectives because the subject site is located within the Sunderland Bay township boundary; it respects the prevailing pattern of subdivision and will result in improved housing choice to cater to the diverse needs of the community. However, it is considered that the proposal does not respond to other policies, which require growth to respect environmental and infrastructure constraints. The essential failing of this application rests with the drainage infrastructure limitations of the Sunderland Bay. Of concern is stormwater management. The Bass Coast Planning Scheme at Clause 22.01 has the relevant objectives to maintain stormwater flows and discharges at a maximum of the pre-development flow level and to design a stormwater system that manages flooding and drainage so as to minimise risks to the community and the environment. This application was referred to Asset Management as they are responsible for stormwater drains and assessing the impacts of proposed developments upon that system. Upon review of the application, Asset Management resolved to object primarily due to the capacity of the Sunderland Bay drainage infrastructure. By way of background, Council’s Drainage Services Asset Management Plan (DSAMP) and Urban Roads and Drainage Improvement Policy, acknowledge there are drainage issues throughout the Shire. These drainage issues are a legacy of the time prior to the implementation of planning legislation where housing estates were developed without the requirement for construction of road and drainage infrastructure. Sunderland Bay is an example of this as evident by DSAMP that identifies the current level of drainage service is less than four star (Council’s adopted level of service). The issues are also shown in image five, six and seven. The settlement and housing policy contained in the Bass Coast Planning Scheme acknowledges this issues and it is policy to discourage increased housing densities in towns like Sunderland Bay that are without the appropriate infrastructure or services to support development. It is also policy to ensure that development is of net community benefit. The Urban Roads and Drainage Improvement Policy and DSAMP furthers planning policy and ensure that infrastructure upgrade projects are funded in a financially sustainable manner, which is fair and equitable for all ratepayers, both current and future, within Page 42 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council the Shire. In particular, DSAMP identifies that a Sunderland Bay drainage strategy is required to be developed to understand and plan for future works and funding. As such, it is clear that the upgrading of Sunderland Bay infrastructure should not be dealt with in a piecemeal manner, whereby each development or subdivision application creates its own interim drainage solution; rather a strategic and whole catchment approach is required. On this basis, an application to Melbourne Water for funding to develop a Sunderland Bay Drainage Strategy has been sought and approved. Once finalised, the Strategy will provide clear direction to the Council and community as to the proper and orderly development of drainage infrastructure within the township. It is considered that the approval of development within the catchment prior to developing a strategy would be premature. Image 5: Drainage issue at intersection of Jill Street and Anglers Avenue. Photos Supplied by Objector to planning permit 140334. Image 6: Drainage issue at intersection of Jill Street and Anglers Avenue. Photos Supplied by Objector to planning permit 140334. Page 43 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Image 7: Ponding swale drain on Dover Street. Photo was taken on 19 October 2016 at 8.18am by Statutory Planner. Zone Assessment The application has been considered against the purpose and decision guidelines of the LDRZ. It is acknowledged that the proposed subdivision generally meets the purpose of this zone because it will provide for low-density residential development on lots that can be connected to reticulated sewerage. However, the decision guidelines also require that before a decision is made about the application consideration must be given to the provision of utility services, including drainage; and the Integrated Water Management Objectives of Clause 56. With regards to utility services, the subject site can be connected to reticulated water, sewerage, electricity and telecommunications. However, the application fails to meet the objective of Clause 56.07-4, Urban Run-off Management, because in a storm event runoff from the proposed development, even if captured to pre-development levels, will be of detriment to the surrounding neighbourhood. Due to the drainage issues it is recommended that Council resolve to refuse this application. Response to Submitters Concerns A response to each of the objectors concerns is as follows: Current land supply is adequate and a further allotment is unnecessary Page 44 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council The predicted population growth has resulted in this land being zoned for residential land uses and included within the Sunderland Bay township boundary. Therefore, an application can be made to further subdivide this land. Lack of footpaths in Dover Street There is no nexus between the creation of one additional residential allotment and the requirement for a footpath along Dover Street. Furthermore, the application was considered by Asset Management who has not raised any concerns, or requirement for, footpaths. Increase traffic; inadequate road infrastructure and increased traffic will result in dust and noise The creation of one new allotment is not anticipated to increase traffic to unacceptable levels or create unreasonable amenity impacts. Furthermore, the application was referred to Asset Management who did not raise any concern about traffic. Conclusion The application has been assessed against the Bass Coast Planning Scheme. Whilst the application is within the town boundaries and zoned appropriately, on balance the proposed development fails to comply with Planning Scheme requirements related to drainage, stormwater management and orderly development. The development of the Sunderland Bay Drainage Strategy provides Council the opportunity to ensure that drainage infrastructure meets the needs of current and future residents. It is recommended that Council resolve to refuse planning application 160089 on the basis that it is inconsistent with the Bass Coast Planning Scheme and does not represent orderly development. Recommendation That in relation to planning permit application 160089 for the two lot subdivision located at 2A Dover Street, Sunderland Bay, the Council resolves to issue a Notice of Refusal on the following grounds: 1. The application is contrary to the objectives of Planning in Victoria as it will not result in orderly planning or secure a pleasant residential living environment. 2. The proposal is contrary to Clause 19.03-2 (Infrastructure – water, supply, sewerage and drainage) of the Bass Coast Planning Scheme as it will not provide drainage services that efficiently and effectively meet State and community needs. 3. The proposal is contrary to Clause 21.02-2 (Settlement – housing) of the Bass Coast Planning Scheme as it will result in an increased housing density in an area that does not have the appropriate infrastructure to support the development. Page 45 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council 4. The proposal is contrary to the objectives of Clause 22.01 (Stormwater management policy) as it will not maximize the effectiveness of the stormwater infrastructure. 5. The proposal is not consistent with the objectives or decision guidelines of Clause 32.03- Low Density Residential Zone 6. The proposal does not meet the objective of Clause 56.07-4 or Standard C25 that relate to urban run-off management. Attachments AT-1 160089 - Planning Scheme Requirements 3 Pages AT-2 160089 - Proposed Subdivision 1 Page AT-3 CONFIDENTIAL - 160089 - Submissions 5 Pages Page 46 Ordinary Meeting - 15 February 2017 H.3 Bass Coast Shire Council Inverloch Transfer Station additional information and Phillip Island Transfer Station progress update File No: Department: Council Plan Strategic Objective: CM16/871 Sustainable Development and Growth Natural Environment Our unique natural environment is protected, maintained and enhanced for the enjoyment of all. Previous Items: SR2/16 - Closure of the Inverloch Transfer Station - Council 17 Aug 2016 5.00pm Declaration The author has no direct or indirect interests in relation to this report. Summary The Waste Management Strategy 2015 – 2025, adopted by Council in September 2015, incorporated a preliminary review of Councils waste facilities, identifying a range of issues affecting the viability of these sites into the future. The document identified a range of best practice standard shortfalls at the Inverloch Transfer Station, as well as potential impacts to the environment and aesthetic impacts due to encroachment from residential development. The strategy also identified the requirement for Council to address the rehabilitation of the closed Inverloch Landfill as per Environment Protection Authority (EPA) Victoria Closed Landfill Guidelines. Council officers considered these issues along with: The financial viability of undertaking the range of works required at the Inverloch Transfer Station Council’s new waste service contracts including additions to kerbside services to commence from September 2017 The impact of any changes on the community In August 2016 Council resolved to close the Inverloch Transfer Station, to coincide with the commencement of the new kerbside food and green waste bin service in September 2017. The Inverloch Transfer Station currently operates three days per week and the closure timing allows for the additional kerbside food and green waste organics service to address a primary use of the Inverloch Transfer Station – the disposal of green waste. Council considered a number of factors in making this decision, including: Environmental risks Proximity of other transfer stations The significant investment required to bring the site up to best practice standards Page 47 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council The additional operational budget to maintain the site and services into the future Community feedback In addition, the Inverloch Transfer Station is located within the boundaries of the closed Inverloch Landfill site, which raises a number of issues, most notably that the closed landfill may need rehabilitation works under a Pollution Abatement Notice from EPA Victoria. This notice is expected to be served in 2017. The Inverloch Transfer Station infrastructure will need to be removed to undertake any significant works directed by EPA Victoria in line with the Best Practice Environmental Management (BPEM) 2010 guidelines. The closure of Inverloch Transfer Station reduces Councils risks and liabilities associated with the transfer station, and continues to provide residents with access to these facilities within approximately 15 minutes, through the Wonthaggi Transfer Station. A petition, containing 618 signatures, was presented to Council at its 23 November 2016 Ordinary Council Meeting. The petition requested that Council rescind its previous decision to close the Inverloch Transfer Station and commit to the reestablishment of a Transfer Station on Phillip Island. At the 14 December 2016 Ordinary Council Meeting, Council resolved to seek further information in relation to the closure of the Inverloch Transfer Station and the progress of the development of the Phillip Island Transfer Station. The purpose of this report is to provide Council with advice and information as directed by the 14 December 2016 Ordinary Council Meeting resolution. Background Council Decisions on the Inverloch Transfer Station At its 22 June 2016 Ordinary Meeting, Council resolved the following: That Council: 1. Note the report on the proposed closure of the Inverloch Transfer Station in September 2017. 2. Defer consideration of the closure of the Inverloch Transfer Station to the August 2016 Council meeting to enable two information sessions to be held in July to discuss the recently adopted Waste Management Strategy and officers recommendation to close the facility. At its 17 August 2016 Ordinary Meeting, Council resolved the following: That Council: 1. Closes the Inverloch Transfer Station on the 1 September 2017 to coincide with the introduction of the food and garden organics kerbside collection. 2. Thanks the community for their attendance at the information sessions. 3. Notes that an infrastructure review and plan to upgrade the Wonthaggi transfer station to best practice will commence in 2017/18 with State government funding sought to undertake the capital works upgrades to meet best practice. Page 48 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council A petition was presented to Council at its 23 November 2016 Ordinary Council Meeting the petition reads: “We, the undersigned present the accompanying petition to be considered by Bass Coast Shire Councillors: This petition recognises the highly valuable service the Waster Transfer Stations provide to community, and requests that Council rescind the decision of the previous Council to close the Inverloch Transfer Station, and also requests that Council commit to the re-establishment of a Transfer Station on Phillip Island by no later than December 2017. This public petition is endorsed by more than 600 members of the Bass Coast Shire community. We commend this petition to Councillors for their consideration.” The petition contains 618 signatures and a brief breakdown of the addresses of the signatories is provided the locality information in the table below. Locality Number of Signatures Inverloch 364 Phillip Island 202 Wonthaggi 28 Pioneer Bay, Coronet Bay, Grantville and Corinella 7 Pound Creek and Venus Bay 4 Non BCSC Residents 13 Total 618 At its December 2016 Ordinary Meeting, Council resolved the following: 1. That a report be presented to Council at the next ordinary meeting providing: a) A report on the likely economic, social and environmental impacts on residents in Inverloch and surrounds. b) A report on any likely increased costs to the Wonthaggi location as a result of the closure of the Inverloch Transfer Station. c) Whether written confirmation has been received that the EPA requires the exInverloch landfill to be rehabilitated in 2017. d) Whether the Inverloch Transfer Station can remain in place while any rehabilitation work to the landfill is being undertaken and the options around this. e) A progress update on the establishment of a new Phillip Island Transfer Station. 2. That the head petitioner be advised of Council’s decision. Inverloch Transfer Station The Inverloch Transfer Station is located in close proximity to Inverloch Township, and within 300m of developed properties. It is also located approximately 15 minutes from the Wonthaggi Transfer Station. The facility operates for three days per week, on Saturday, Sunday and Monday from 8.30am to 4.30pm. Page 49 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council The Inverloch Transfer Station is located within the boundaries of the Inverloch Landfill site, which was opened in 1977 and closed in 1985. Officers understand that a level of capping and rehabilitation work has been undertaken at the site in the past however these works will need to be assessed by the EPA through the Pollution Abatement Notice. This is a regulatory requirement for all Victorian landfills. Council is legally required to rehabilitate closed landfills, and was notified by EPA Victoria in December 2016 that a notice to undertake this process will be served in 2017. The landfill site, and transfer station is located on Department of Environment Land Water and Planning (DELWP) Crown Land. The site is zoned Public Use Zone (PUZ6) (Local Government) with adjacent land uses zoned as follows: East – PCRZ – Public Conservation and Reserve Zone, incorporating Screw Creek; and North, west and south – GRZ1 – General Residential Zone. Screw Creek runs to the south east and east of the site where stormwater is likely to be discharged to. The site is also subject to a Wildfire Management overlay and a Vegetation Protection overlay. The surrounding land was zoned General Residential in the mid 1970’s and planning permission was granted to the respective developers. Community feedback during development of Councils Waste Management Strategy 2015-25 in July 2015, recognised that the Koonwarra Transfer Station and Landfill, the Wonthaggi Transfer Station and the Inverloch Transfer Station have a degree of overlap in users depending on opening days and current charges. It is generally regarded within industry that a catchment area for a waste transfer station is usually defined by a 15 minute travel time (one way) from a residential area to the facility. A review of travel times within a comparable Shire (Surf Coast Shire) reveal average times between 15 – 20 minutes between major towns in the shire to the Transfer Stations either within the Shire (Anglesea, Lorne or Winchelsea) or adjacent to the shire (Drysdale). Also by way of comparison Baw Baw Shire Council has positioned its transfer stations to be an average of 25km drive for most residents. Page 50 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Residential Land Inverloch Transfer Station & old landfill Screw Creek Image 1: Arial image showing Inverloch Transfer Station, Screw Creek and Residential Land Phillip Island Transfer Station Phillip Island previously had a Council landfill site located near the township of Rhyll which was closed by the former Council of Phillip Island. Bass Coast Shire Council recently completed capping and is currently in the rehabilitation phase at this site. This land is Crown Land, now managed by Phillip Island Nature Parks under agreement with the state government. The site remained operational as a transfer station until June 2013. An interim Recycling Bank currently operates on Dunsmore Road in Cowes, 5 days per week (Friday to Tuesday). The Waste Management Strategy identifies the inadequacy of the Cowes Recycling Bank as a permanent transfer station facility and specifies that feasibility studies be undertaken for the: ‘Provision of appropriate waste infrastructure/services for all Shire residents…’. The consideration of the Cowes Recycling Bank is considered a high priority as it is currently not considered a long term solution to meet the needs of the community’. Council’s ‘Waste Collection Service and Waste Facility Management and Operation Services’ tender, awarded in July 2016, included provision for a new transfer station on Phillip Island, and received limited response. Page 51 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council As a result of the limited response received during the tender process to a new Phillip Island Waste Transfer Station facility, a Probity Advisor engaged to oversee the process recommended that Council should undertake an Expression of Interest (EOI) process in February 2017, specifically for the siting, design, construction and operation of the facility. This does not omit the expressions of interest or proposals received to date through the tender process. The EOI process will begin in February 2017. Strategic Basis Council Plan Principles The social, environmental and economic priorities of the Shire benefit both current and future generations. The intrinsic value of biodiversity and the protection of the natural eco systems will be recognised. Equity in the distribution of resources across the Shire. Transparent evidence-based and inclusive decision making. The provision and use of energy and resources will be promoted in an efficient and sustainable way. The Natural Environment Strategy 2016 –26 responds to the Council Plan 2013- 17 strategic objective: Our unique natural environment is protected, maintained and enhanced for the enjoyment of all. Waste Management Strategy 2015-25 The Strategy refers to the consideration of the closure of Inverloch Transfer Station, encroachment of residential development on the area, and travel distances to other facilities in sections 6.8.5.1 and 6.8.6, and page 59: Best Practice Review Inverloch Recycling and Waste Transfer Centre – Rezoning of the land to Rural Residential has caused a number of unverified complaints regarding odours and green waste mulching. If the facility is no longer able to accept such waste, the facility may no longer be required. Finances Inverloch Transfer Station The cost to Council to operate and maintain the Inverloch Transfer Station in its current condition for financial year is $185,000. The cost to operate the facility for 2017/2018 would be $215,000, with the cost rising by CPI annually after that. The 2017/18 operating cost reflects the requirements in the new Waste Contract to improve data recording and transaction monitoring. The facility operates three days a week (Saturday, Sunday and Monday from 8.30 am to 4.30 pm). Page 52 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council The site is currently not operating to Best Practice Standards (Sustainability Victoria; Guide to Best Practise at Resource Recovery Centres, 2009). To upgrade the site to an acceptable standard Council would need to consider investing significant capital funding, and then further operational budget to maintain the site to standard. A preliminary review of the facility undertaken during the development of the Waste Management Strategy 2015-2025 has identified the need for the following upgrades (page 54): Bitumen roads need to be upgraded. Site layout needs to be redeveloped to allow: o recycling loads to be disposed of prior to general waste disposal o reduce conflicting traffic issues Improved product and traffic signage. Improve areas for the deposit and storage of currently accepted products such as mattresses and e-waste. Develop contaminated stormwater capture and management infrastructure including asphalting and kerb and channelling. Litter interception infrastructure such as enclosed sheds. The Council Waste Management Strategy 2015-2025 (pg. 54) recommends that all green waste be removed to Wonthaggi (or another suitable site) for storage and processing purposes due to the potential fire hazard of stockpiling as well as the potential aesthetic impacts on the local community, e.g. dust, noise, vermin and odour. The installation of a potential weighbridge facility would also be considered. The site would also likely require improvements to attendant amenities as well as security and product control systems. The cost of bringing similar scoped sites up to best practice standard has been in the order of $500,000. In addition, Inverloch could attract significant costs related to road development and maintenance required for the length of Old Ford Road, and potentially power infrastructure. The infrastructure on the site will need to be removed prior to any required rehabilitation of the Inverloch landfill site. The cost to remove this infrastructure is estimated at approximately $5,000. Inverloch Landfill Rehabilitation Until the initial EPA Victoria assessment of the site is undertaken, including assessment of previous works, the costs for capping, rehabilitation and aftercare for Inverloch landfill can only be estimated. Page 53 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Using recent rehabilitation works at the Grantville Landfill as an example: capping costs were approximately $64 per square metre. The current known extent of waste at the Inverloch Landfill covers an area of approximately 17,000 square meters, and would be expected to cost approximately $1.08 million to rehabilitate. The annual aftercare cost for the facility will be primarily based on the monitoring regime and infrastructure required by the Post Closure documentation approved by EPA Victoria. As an example, the monitoring regime at the closed Wonthaggi Landfill costs approximately $60,000 per year. This aftercare cost will be a liability for Council up to 30 years after final approval by EPA Victoria. Phillip Island Transfer Station At its 20 July 2016 Ordinary Meeting, Council resolved that the tender for a Transfer Station on Phillip Island be put on hold for Expressions of Interest to be sought in 2017. Specifications and costings for the facility have not been detailed at this time; however the tender documentation provided by Council during the procurement of the new waste contracts specified that the proposed facility replicates, at minimum, the service levels offered by the Wonthaggi Transfer Station. Indicative costs for a contract that includes, build, own and operate, transfer specifications are estimated to equate to $10 million over 10 years. Stakeholders Signatories of the petition Bass Coast Shire residents Property developers South Gippsland Conservation Society South Gippsland Shire Council West Gippsland Catchment Management Authority EPA Victoria Gippsland Waste and Resource Recovery Group Inverloch Business and Tourism Association Statutory Requirements/Codes/Standards/Policies Environment Protection Act 1970 Planning and Environment Act 1987 Sustainability Victoria Act 2005 Sustainability Victoria; Guide to Best Practise at Resource Recovery Centres, 2009 Bass Coast Planning Scheme Other Options Council may resolve to seek further information in relation to closure of the Inverloch Transfer Station. Page 54 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Officer’s Conclusion and Recommendation The following points directly reply to the Council resolution at the December 2016 ordinary meeting: a) Likely economic, social and environmental impacts on residents in Inverloch and surrounds This analysis was completed by Council officers. A full economic impact study would require external expertise. Community feedback: Two community information sessions were held in July 2016. 74 residents registered their attendance across the two sessions. At these sessions the community expressed concerns around the following: 1. Impacts of increased traffic on the road to Wonthaggi Travel from Inverloch to the Wonthaggi Transfer Station is possible via a number of routes which are frequently used on Tuesdays through Fridays by Inverloch residents. The impact of additional vehicle movements on Wonthaggi residents is expected to be minimal with 55 cars per day (peak period daily attendance at Inverloch) expected through Wonthaggi on any given day. 2. Cost to residents to travel to Wonthaggi in terms of time, fuel and mileage There would be a range of variables that could impact such costs (for example, the type of vehicle, route taken, weight and load size). Some residents may not need to access transfer stations as often, due to the increased capacity of kerbside waste collection with the introduction of the 240l organics bin. Each organics bin is expected to accommodate 180l of loose green waste per week (in addition to organic waste from the kitchen) equating to 9.36 cubic meters of green waste annually. Disposal of this volume at a Council Transfer Station would currently cost approximately $140 as compared to $51 for the kerbside alternative negating the need for loading and transport of materials. 3. The closure will have a negative impact on the community While the closure of the Inverloch Transfer Station would reduce the convenience for some users, it is believed that significant savings will be passed on to the community as a whole and Council will be able to actively address a range of potential and current risks relating to amenity, funding and health of the natural environment which the facility currently poses. Approximately 4,200 properties currently receive kerbside services around Inverloch, the organics collection service will allow over 39,000 cubic meters of garden waste to be collected from the community annually which far exceeds the average intake of material at the Inverloch Transfer Station of approximately 5,300 cubic meters of green waste, including the green waste amnesty. 4. The environmental impact of fly-away rubbish from trailers on the way to Wonthaggi It is the responsibility of any motorist to ensure that their load is secure when transporting any type of material, regardless of the distance of travel and destination. Page 55 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council 5. The environmental impact of pollution generated by car fumes from additional cars travelling to Wonthaggi in terms of carbon pollution Such figures have not been determined. The weighting of the environmental impact of greenhouse gas emissions created by the public travelling to the Wonthaggi Transfer Station from Inverloch versus the environmental impacts on the surrounding environment from the ongoing operation of the Inverloch Transfer Station would be a very complex investigation requiring significant resources. Further considerations: The facility’s location poses potential impacts to the environment, in particular relating to stormwater discharge and fire, and aesthetic impacts to the community due to the continued encroachment of residential development. The potential cost of the upgrades required to meet best practice standards as identified in Councils Waste Management Strategy 2015-25 (page 54, July 2015), see above. The transfer station is currently located within the boundaries of the closed Inverloch Landfill subject to a future EPA Victoria Pollution Abatement Notice (PAN) that is likely to require capping of the landfill and removal of infrastructure on top of the waste area. Any future capital infrastructure should be placed off the area subject to capping rehabilitation. Increased residential development in the area is encroaching on the informal area that has provided a buffer zone for amenity, noise, surface water and odour concerns. Council officers and West Gippsland Catchment Management Authority have been discussing a plan to improve the river health of Screw Creek. The Inverloch Transfer Station and former landfill site are considered a risk and ongoing threat to the waterway health and mangrove community due to surface water issues and proximity. Council has a Native Vegetation Offset Reserve to the south and west of the transfer station and former landfill site that the Department of Environment Land Water and Planning (DELWP) has identified as being suitable habitat for nine rare and threatened species of which some have been seen on the site. These include Fairy Tern, Eastern Curlew, Glossy Grass Skink, Dwarf Galaxias, Marsh Saltbush, Leafy Twig-sedge, Salt Lawrencia, Dune Wood-sorrel, and Black-tailed Godwit. Closure of the transfer station and future rehabilitation of the landfill will remove the risk and ongoing threat to the waterway health, flora and fauna due to potential surface water and ground water contamination. Page 56 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Image 2: Screw Creek Native Vegetation Offset Reserve and proximity to the Inverloch Transfer Station and Screw Creek b) Likely increased costs to the Wonthaggi location as a result of the closure of the Inverloch Transfer Station Tenderers for Council’s new Waste Facilities contracts were asked to submit tenders that accounted for, and considered the impact of the possibility of the Inverloch Transfer Station closure. Through this process it was identified that no additional costs are expected in operating the Wonthaggi Transfer Station as a result of increased patronage resulting from the closure of the Inverloch Transfer Station. c) Whether written confirmation has been received that the EPA requires the ex-Inverloch landfill to be rehabilitated in 2017 Council received email correspondence from the EPA on 20 October 2016, outlining the agency’s expectations regarding the management of risks associated with the closed landfill at Inverloch. The correspondence further reiterated Councils responsibilities as a closed landfill owner in accordance with the Closed Landfill Guidelines (EPA Victoria publication number 1490). These guidelines outline the process for issuing ‘Supporting Pollution Abatement Notices’ and ‘Post Closure Pollution Abatement Notices’ (PANs) on closed licenced landfills. Council received notification from EPA Victoria, dated 14 December 2016 (refer ATT-1.), that the Inverloch Landfill will be inspected in the first quarter of the 2017/2018 financial year (July - Sept 2017). This will start the rehabilitation process requiring Council to produce aftercare management and rehabilitation plans, show evidence of an environmental monitoring program and undertake a hydrogeological assessment to enable appropriate leachate levels to be determined and maintained. This information is a requirement of a Pollution Abatement Notice (PAN). d) Whether the Inverloch Transfer Station to remain in place while any rehabilitation work to the landfill is being undertaken and the options around this Page 57 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council An assessment by Council officers has deemed it unfeasible to undertake rehabilitation of the Inverloch Landfill in sections. The Inverloch Transfer Station occupies approximately 85% of the known footprint of the former landfill. Excluding this area from rehabilitation works would not meet the requirements of a PAN. e) A progress update on the establishment of a new Phillip Island Transfer Station The Expression of Interest (EOI) process will begin in February 2017, and is expected to take between four to six months. This is expected to be followed by a selective tender process. The process will follow the Local Government Act 1989 and Councils Procurement Policy and begins with the call for expressions of interest, an assessment of submitted proposals, request for tenders for a proposed delivery model and ends with tender being awarded to the successful contractor. July 2017 would be the earliest that the tender would be let. An outline of the process is as follows: EOI documentation was finalised in January to be presented to the private market through a publicly advertised EOI at the end of February 2017. An Evaluation Committee assess the varying models of facility development and operation to present to Council. Concurrently, Council officers are undertaking an infrastructure gaps analysis incorporating community and Council consultation to ensure the strategic provision of waste facilities around the Shire to address the expectations of the broader community. The findings and recommendations of this analysis will be incorporated into the tender documentation put to market. It is expected that the private market is likely to come back to Council with a range of options around how to develop, operate and finance a facility such as: o Design Build Own Operate (contractor retains the ownership and management of the facility into perpetuity) o Design Build Own Operate Transfer (Contractor cedes ownership of facility to Council after contract period) Once a preferred model of delivery is established, Council will go out to a selected tender identifying the preferred delivery model as the basis for tender. The tender process will utilise Councils Procurement team, as well as potential involvement by a Procurement Advisor to ensure community confidence around process of tender and award. This tender process will also identify service delivery specifics and pricing on which to base contract award. Committee based evaluation of submitted tenders utilising a quantifiable tender evaluation matrix. The Evaluation Committee’s findings will be presented through a report to Council identifying the recommended tenderer. Council will have the option to adopt this recommendation and commence implementation. It is expected that subject to Council adoption, the facility will be built within a two year period. Page 58 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council During this time the Cowes Recycling Bank will remain the primary point for waste disposal on Phillip Island, to be closed upon commencement of operations at the new facility. Recommendation 1. That Council notes this report and information provided as requested at the 14 December 2016 Ordinary Meeting of Council covering; a) The likely economic, social and environmental impacts on residents in Inverloch and surrounds, b) Any likely increased costs to the Wonthaggi location as a result of the closure of the Inverloch Transfer Station, c) Whether written confirmation has been received that the EPA requires the ex-Inverloch landfill to be rehabilitated in 2017, d) Whether the Inverloch Transfer Station can remain in place while any rehabilitation work to the landfill is being undertaken and the options around this, e) A progress update on the establishment of a new Phillip Island Transfer Station. 2. That Council a) Proceeds with the planned closure of the Inverloch Transfer Station and any required rehabilitation of the closed Inverloch landfill, b) Proceeds with the establishment of a Transfer Station on Phillip Island 3. That Council notifies the head petitioner of its decision. Attachments AT1 Closed Inverloch Landfill - Environment Protection Authority (EPA) Victoria Advice 1 Page Page 59 Ordinary Meeting - 15 February 2017 H.4 Bass Coast Shire Council Car Ferry Infrastructure - Business Case File No: Department: Council Plan Strategic Objective: CM16/836 Sustainable Development and Growth Economic Development Our economy is supported by diverse, local and innovative businesses and employment. Declaration The author has no direct or indirect interests in relation to this report. Summary The purpose of this report is to seek Council approval to participate in the Cowes to Stony Point Car Ferry Infrastructure Business Case Project. There has been considerable work undertaken over the past two decades to determine the need, cost and viability of a car ferry from Stony Point to Cowes. Investigation into the feasibility of a car ferry is supported by Council’s Phillip Island and San Remo Visitor Economy Strategy 2035, Growing Tourism which was adopted in August 2016 and Destination Phillip Island’s Strategic Tourism Plan 2014 – 2019. In August 2016, Regional Development Victoria (RDV) contacted Council officers about the prospect of RDV contributing $200,000 to a $250,000 project to review the cost, requirements and viability of the car ferry between the Mornington Peninsula and Phillip Island. This would be provided out of the Regional Tourism Infrastructure Fund. It was proposed that the remainder of the funds be split evenly between Bass Coast Shire Council and Mornington Peninsula Shire Council. A project proposal was lodged with the State Government which has now sent Council an ‘Agreement’ to be signed should Council decide to accept the funding. Background A range of studies have previously been undertaken into the need, cost and viability of a car ferry from Stony Point to Cowes. In July 2010, after strong sentiment was expressed by the Cowes community about having a new car ferry terminal on the main beach in Cowes and a range of other issues such as traffic flow and environmental concerns, a Council motion was passed: 1. That in relation to the Stony Point – Cowes Vehicular/Passenger Ferry Project, Council resolves not to proceed to the Statutory Planning Stage 2. That in relation to any future proposals for the establishment of any ferry terminal in the Cowes area, Council resolves to investigate the appropriateness of establishing an exclusion zone between Erehwon Point and Mussel Rocks, for the purpose of excluding vehicular /passenger ferry terminal infrastructure in that zone. Since that time, there has continued to be strong interest by a range of key stakeholders, such as Visit Victoria, Regional Development Victoria, Destination Phillip Island, Mornington Peninsula Shire Council, Destination Gippsland and key Page 60 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council tourism attractions on Phillip Island to continue to explore the viability of the car ferry. Supporters suggest that a car ferry between Stony Point and Cowes will stop Phillip Island being a ‘one way’ destination, and will create an iconic coastal touring route. Such a touring route, incorporating the Great Ocean Road, Mornington Peninsula, Phillip Island, Mainland Bass Coast, Wilson’s Promontory and the Gippsland Lakes, has the potential to boost both international and domestic visitation, particularly during the shoulder and winter seasons – a key objective of the Phillip Island and San Remo Visitor Economy Strategy 2035. The Stony Point to Cowes leg is the missing link, which has the potential to increase economic activity across mainland Bass Coast and greater Gippsland. The proposed car ferry could also provide an alternative means of getting on and off Phillip Island in the advent of an emergency which impacts on the bridge. The Phillip Island and San Remo Visitor Economy Strategy 2035, Growing Tourism, states that ‘the need for and funding of a car ferry is not expected in the short to medium term, however the planning for the facility should commence in 2017’. Should Council agree to participate, this project is to undertake a review of the need for a car ferry including engagement with key stakeholders, it does not commit Council to agree to the installation of a car ferry. Council will have the opportunity to assess the recommendations of this project before any further decisions are made about a car ferry. Strategic Basis The Bass Coast Shire Council Plan 2013 – 2017 outlines strategies to achieve increased Economic Development, including: Facilitate activities which support and promote businesses to become commercially resilient Facilitate the attraction of businesses and industry with sustainable principles Promote Bass Coast as an all year unique tourist and events destination A review of the viability of a car ferry between Stony Point and Cowes may be appropriate to see whether it will assist Council to achieve these objectives. Page 61 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Plan Principles The social, environmental and economic priorities of the Shire benefit both current and future generations Transparent evidence-based and inclusive decision making Council’s Phillip Island and San Remo Visitor Economy Strategy 2035, Growing Tourism lists clear actions in relation to the car ferry: Year 1 action: Action 5. Actively encourage the Passenger Ferry to run at an optimal level prior to building the case for a car ferry (page 48) Years 6 to 10 - Action 46. Identify up to three suitable sites to undertake environmental effects statement on the likely impacts of suitable locations for a car ferry (page 51) The Appendix to the Strategy also provides detailed analysis of a range of demand scenarios and business benefits. The car ferry is also listed in a range of other key strategic documents including: Victorian Regional Tourism Strategy 2013- 2016 Phillip Island Strategic Tourism Plan 2014 – 2019 South East Melbourne Plan 2014 – 2019 Mornington Peninsula Region Destination Management Plan 2016 – 2019 Mornington Peninsula Marine Precincts Study 2015 Mornington Peninsula and Bass Coast Economic Development Strategies Gippsland Regional Plan 2015 Finances Funding for the proposed project is as follows: Regional Tourism Infrastructure Fund $200,000 Bass Coast Shire Council $ 25,000 Mornington Peninsula Shire Council $ 25,000 Project Total $250,000 It is proposed that Bass Coast Shire Council’s commitment of $25,000 will be included in the draft budget for 2017/18. Stakeholders Bass Coast Shire Council Mornington Peninsula Shire Council Visit Victoria Regional Development Victoria Department of Environment, Land, Water and Planning Parks Victoria Bass Coast community and business/tourism industry Page 62 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Destination Phillip Island Destination Gippsland Limited Mornington Peninsula Regional Tourism Board Key tourism organisations including Phillip Island Nature Parks and Phillip Island Grand Prix Circuit Neighboring tourism regions including Great Ocean Road, Mornington Peninsula, Wilson’s Promontory and Gippsland Lakes Public Transport Victoria Statutory Requirements/Codes/Standards/Policies There is no statutory requirement for Council to undertake a feasibility study of the car ferry. Options Council has options in relation to the offer of funding from the State Government in relation to the Car Ferry Infrastructure – Business Case: 1. Council can accept the funding and undertake the project as per the Project Brief and Agreement with the State Government of Victoria There has been relative inaction on the car ferry since 2010, despite it featuring in a range of key strategic documents. There is interest from a number of key stakeholders to review the viability of the car ferry and make a decision about how to proceed. There is also the potential for significant economic benefit from the project and it is consistent with the recommendations of the Phillip Island and San Remo Visitor Economy Strategy 2035 Growing Tourism. 2. Council can decide not to accept the funding from the State Government of Victoria There are some risks associated with this option that Council may wish to consider: Given the significance of this project, to the state of Victoria, the Government may decide to complete the project regardless of Bass Coast’s preference not to proceed with the project. This may result in Bass Coast having less input into the outcome than if Council played a key role in managing this phase of the project and achieving the best outcome for the community. The State Government may decide that if Bass Coast does not engage in reviewing the viability of the car ferry, it will reallocate funding for the project. Thirdly, Council may suffer reputational damage as a result of not participating in the review of the viability of the car ferry given its significance as a state project and the strategic support for the car ferry listed in a range of key strategic documents. Page 63 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Officer’s Conclusion and Recommendation Project Purpose and Scope The Project Purpose as outlined in the Project Brief is to: Develop a business case to determine the cost, requirements and viability of a vehicle and passenger ferry service between Mornington Peninsula and Phillip Island The Project Scope as outlined in the Project Brief is to: Prepare a business case for State Government of Victoria about the development of a vehicle ferry service between Cowes and Mornington Peninsula considering French Island resident needs and reporting on any development shortfall Undertake community consultation and technical investigation of terminal locations and the development of infrastructure designs and their costs Investigate the economic impact of ferry service operations estimating the level of government support required for service viability Investigate benchmark environmental standards required for the development and maintenance of ferry infrastructure and operations Develop a schedule for project implementation Refer to Attachment 1. Carry Ferry Infrastructure – Regional Tourism Infrastructure Fund Project Brief. Project Timeframes It is proposed that the project formally commence in July 2017 and is completed by the end of June 2018 according to the following timetable: Deliverable Timing 1. Initial briefing to Councillors about the project Bass Coast (BC) and Mornington Peninsula (MP) February 2017 2. Project brief presented to Council meetings for endorsement (BC and MP) March 2017 3. Finalise tender documents (BC) April 2017 4. Release tender (BC) Early May 2017 5. Select successful tenderer (BC, with Project Control Group) 30 June 2017 6. Project funding confirmed (BC) and (MP) 30 June 2017 7. Project commencement (BC) 1 July 2017 8. Develop project plan including community engagement and consultation, technical investigation and benchmarking (Consultant) August 2017 9. Implement project plan including community engagement and consultation, technical investigation and benchmarking (Consultant ) September 2017 10. Briefing to Councillors re initial Draft (BC) and (MP) December 2017 11. Initial draft released to the community for consultation (BC) and (MP) February 2018 Page 64 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council 12. Feedback obtained and final draft presented to Councils (BC)and (MP) April 2018 13. Councils consider the Business Case(BC) and (MP) June 2018 Governance It is proposed that a Project Steering Committee would oversee the implementation of the project. The role of the Committee would be to provide direction on the overall project based upon regular status reports and updates tabled at committee meetings. Should Council agree to participate in the project the Steering Committee membership would include: Bass Coast Shire Council Mayor (Chair) Morning Peninsula Shire Councillor Bass Coast Shire Council Manager Economic Development and Tourism Mornington Peninsula Shire Council Manager Economic Development and Tourism RDV representative Destination Phillip Island representative Mornington Peninsula Regional Tourism Board representative Destination Gippsland representative Parks Victoria representative Ports and Harbours Representative Department of Environment Land Water and Planning (DELWP) Bass Coast Shire Council’s Manager Economic Development and Tourism will be the Project Supervisor. Recommendations That Council: 1. Approves participation in the Cowes to Stony Point Car Ferry Infrastructure Business Case Project. 2. Accepts funding of $200,000 through the Regional Tourism Infrastructure Fund offered by the State Government and contributes $25,000 out of the 2017/18 Council budget. 3. Appoints the Mayor as the chair of the Project Steering Committee. Attachments AT-1 Car Ferry Infrastructure - Project Proposal 6 Pages Page 65 Ordinary Meeting - 15 February 2017 H.5 Bass Coast Shire Council Bass Coast Shire Council Road Management Plan Review 2017 File No: Department: Council Plan Strategic Objective: CM16/864 Infrastructure Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate. Declaration The author has no direct or indirect interests in relation to this report. Summary The purpose of this report is to seek endorsement from Council to provide Notice of its intention to review its Road Management Plan. In accordance with the Road Management (General) Regulations 2016, Council is required to undertake a review of its Road Management Plan (RMP) during the same period that it is preparing its Council Plan. The review therefore needs to be completed within 6 months of the general election or by 30 June 2017. A written report will be produced summarizing the findings and conclusions of the review. Council last reviewed its RMP in 2014. The RMP is currently documented within the Road Services Asset Management Plan 2014 (RSAMP) at attachment AT-1. The RSAMP 2014 includes a mix of how Council will maintain a safe road network as well as some more aspirational targets. An initial review of Council’s RSAMP indicates that a likely recommendation will be to separate the RMP from the RSAMP 2014 and develop a standalone RMP. The standards and priorities relating to the inspection, maintenance and repair of roads and road classes will be clear and appropriate in the RMP. It is recommended: That Council: 1. Resolve to separate the Road Management Plan from the Road Services Asset Management Plan 2014 and review as a standalone document. 2. Resolve to provide notice of its intention to review its Road Management Plan. 3. Receives a further report of the review of its Road Management Plan at the 17 May 2017 meeting, for consideration, following community consultation. Background The Road Management Act 2004 is the legislation that requires Council to develop and adopt a RMP. The RMP needs to explain how Council intends to maintain a safe road network for the local roads as Responsible Authority. Council must ensure that the standards and priorities relating to the inspection, maintenance and repair of roads and road classes are appropriate. Page 66 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Council last reviewed its RMP in 2014 and incorporated it into the RSAMP 2014. The RSAMP 2014 therefore includes a mix of how Council will maintain a safe road network, and some more aspirational targets. An aspirational target may be a road improvement that Council would like to make to its road network if upcoming budgets allow for it. There is a legislative requirement for Council to achieve everything that it states it will do in its RMP. There is therefore a possible risk in Council having both its RMP and more aspirational targets combined in the one document. An initial review of Council’s RSAMP indicates that a likely recommendation will be to separate the RMP from its RSAMP 2014 and develop a separate document. To finalise this review of Council’s Road Management Plan a written report will be produced summarizing the findings and conclusions of the review. A further project would then commence in 2017/18 to draft, finalise and implement a revised RMP in accordance with this year’s review findings. The RSAMP will be reviewed at the time of the development of the revised RMP. Strategic Basis Council Plan Principles The social, environmental and economic priorities of the Shire benefit both current and future generations Equity in the distribution of resources across the Shire Transparent evidence-based and inclusive decision making The provision and use of energy and resources will be promoted in an efficient and sustainable way Finances The budgets are developed in response to the Council Plan and in consideration of the RMP. The capital works budget is developed based on community expectations, Council priorities in service provision, asset condition information and risk assessment on assets. The maintenance budget is based on the results from customer satisfaction surveys, asset inspections and risk assessments. Road works can be funded from sources other than those provided directly from Council, including: Developer Contribution Schemes Special Rates and Charges Schemes State and Federal Government grants Stakeholders In accordance with Council’s Communication and Engagement Strategy the community engagement process relating to the Road Management Plan has been developed utilising the principles of the International Association of Public Participation (IAP2). The tools for engagement vary depending upon the ‘spectrum’ of public participation, as set out below: Page 67 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Figure 1. IAP2 Spectrum There are five key deliverables of the RMP Review Project which involves engagement with external stakeholders: Notice of Intent to Review the Road Management Plan (Report to Council February 2017) the production of a Road Management Plan Review Report summarizing the findings and conclusions of the review of the RMP (Report to Council May 2017) Notice of Intent to revise the RMP (Report to Council May 2017) the production of the new RMP (Commence June 2017) the production of the revised RSAMP (Commence June 2017). Road Management Plan Consultation The Road Management Plan will use the ‘Inform’ element of the spectrum as it is a legislative requirement for providing a safe road and pathway network. It is no longer a requirement of the Road Management Regulations 2016 to provide notice of Council’s intent to review the plan, however the recommendation is to give the community the opportunity to review the existing Road Management Plan and provide comments to inform the review process. The legislative process requires the Road Management Review Report to be made available for copying or inspection in accordance with the Act; or on Council’s website. This allows the community to make submissions and be considered by Council as part of the revised Road Management Plan. Once the review has been undertaken Council must give notice of whether or not it will revise its Road Management Plan. If the Road Management Plan is to be revised then, as part of the legislative process, the community would get a further opportunity to comment on the revised Plan prior to it coming into effect. Road Services Asset Management Plan Consultation The revised Road Services Asset Management Plan will include community levels of service which are technical in nature and it is considered beneficial to undertake targeted engagement with stakeholders who have specific experience in the planning, implementation and utilisation of road and pathway projects. This project is due to commence in 2017/18, and is subject to consideration in the 2017/18 budget approval process. It is proposed that this engagement activity will focus on the ‘Consult’ and ‘Involve’ elements of the IAP2 spectrum to secure a set of logical, open and transparent criteria for community levels of service to be assessed. The engagement activities at this stage of the project are proposed to comprise workshop style engagement to ensure that the community levels of service are developed and tested in a robust manner. Targeted stakeholders for this engagement will include (but not limited to): peak bodies – cycle groups, heavy vehicle groups, tourism etc Page 68 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council user groups – cycle clubs, walking clubs, motor cycle clubs etc relevant land managers – for example, Phillip Island Nature Parks (PINP), Department of Environment, Land, Water and Planning (DELWP) relevant agencies – for example VicRoads, utility providers The second engagement opportunity is in relation to community consultation regarding the community levels of service. It is intended that this engagement opportunity will reach out to a far broader section of the community and will focus on the ‘Inform’ and ‘Consult’ elements of the IAP2 spectrum. The details for community consultation regarding this part of the project will need to be refined following completion of the initial consultation. Notwithstanding it is recommended that the engagement activities are based upon the following high level opportunities: direct notification of the Road Services Asset Management Plan project to a range of stakeholders including (but not limited to): o the community in general - for recreation, sport, leisure and business o tourists and visitors to the area o residents and business adjoining the road network o pedestrians (including the very young, those with disabilities, and the elderly with somewhat limited mobility) o users of motorised vehicles such as trucks, buses, commercial vehicles, cars and motor cyclists o users of a range of miscellaneous smaller, lightweight vehicles such as pedal cycles, motorised buggies, wheel chairs, prams, etc o utility agencies that use the road reserve for their infrastructure (water, sewerage, gas, electricity, telecommunications) o road maintenance contractors notification of the engagement opportunity via the Council website and social media forums (Facebook, Twitter etc) notification via local media outlets Statutory Requirements/Codes/Standards/Policies Road Management Act 2004 Road Management (General) Regulations 2016 Road Services Asset Management Plan 2014 Asset Management Policy Asset Management Improvement Plan 2012-2016 Other Options To not provide a notice of intent to review Council’s Road Management Plan as it is no longer a legislative requirement under the Road Management (General) Regulations 2016. Page 69 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Officer’s Conclusion and Recommendation It is proposed to conduct a review of Council’s Road Management Plan, which will likely include recommending separating it from its Road Services Asset Management Plan 2014 and develop a standalone document. This will ensure that the standards in relation to, and the priorities to be given to, the inspection, maintenance and repair of roads and classes of road to which the plan apply are clear and appropriate. The review is in accordance with the Road Management (General) Regulations 2016, where Council is required to undertake a review of its Road Management Plan during the same period that it is preparing its Council Plan. Recommendation That Council: 1. Resolve to separate the Road Management Plan from the Road Services Asset Management Plan 2014 and review as a standalone document. 2. Resolve to provide notice of its intention to review its Road Management Plan. 3. Receives a further report of the review of its Road Management Plan at the 17 May 2017 meeting, for consideration, following community consultation. Attachments AT-1 Road Services Asset Management Plan 2014 110 Pages Page 70 Ordinary Meeting - 15 February 2017 H.6 Bass Coast Shire Council Public Art Allocation - Wind Blades- Creative Artwork/Play Project at Guide Park, Wonthaggi File No: Department: Council Plan Strategic Objective: CM16/819 Healthy Communities and Governance Healthy Communities Our community feels connected, safe and strong. Previous Items: SR16/16 - Public Art Allocation - Council - 17 Aug 2016 5.00pm Declaration The author has no direct or indirect interests in relation to this report. Summary This is a report outlining Council’s Resolution of 17 August 2016, that Council: 1. Notes the reserve allocation of the public art funds to the Wonthaggi Wind Blades project ($45,000) and approves the development of a masterplan for Guide Park including renewal landscape design ($15,000) to ensure an integrated design approach in Guide Park. 2. That a report come to the October 2016 Ordinary Council meeting for endorsement of the Wonthaggi Wind Blades project final design, inclusive of the Guide Park Masterplan. 3. Approves the allocation of the 16/17 public art funds of $45,000 to a project in San Remo. The balance of $5,000 be kept in reserve for development of the 17/18 project. This report notes that since this Resolution: the Wind Blades- Creative Artwork/Play Project at Guide Park, Wonthaggi design has been completed the Detailed Landscape Design for Guide Park has been completed, including cost estimates. this Council report is presented to Council in February 2017 due to recent Council Elections and a need to consider future budgets for the delivery of the project. Council Officers have commenced planning for the San Remo Public Art Project with members of the San Remo community for the 2016/17 year. Background Council has allocated $50,000 for the 2015/16 Public Art Project and it was agreed to allocate the funding to the Wind Blades- Creative Artwork/Play Project at Guide Park, Wonthaggi. Page 71 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Council Officers have completed a successful design competition for the 2015/16 public art project at a cost of $5,000 for the proposed Wind Blades- Creative Artwork/Play Project at Guide Park, Wonthaggi (Wind Blades Project). This project would use two decommissioned wind blades from Wonthaggi Wind Farm in partnership with Senvion Australia. The project is funded using the 2015/16 allocated budget and in- kind support from Senvion Australia. Senvion Australia is currently storing the two wind blades (42 metres each) locally. It is proposed that conversations with potential funders of the Wind Blades Project continue. Orchard Design submitted an expression of interest for the competition which was assessed by the project panel (AT-1). Orchard Design was successful in the design competition and was awarded the $5,000 to complete the detailed design for the Wind Blades Project. It was expected that this design would be used to deliver the Wind Blades Project at the allocated contribution by Council for public art of $45,000. This would include the installation of the two wind blades and a central kinetic sculpture. The competition amount, combined with the allocation for the public art installation, totalled $50,000, the annual contribution from Council. Council’s 2016/17 Design and Infrastructure Budget allocated $15,000 to conduct a Detailed Landscape Design for Guide Park, Wonthaggi. This was completed by Orchard Design, understanding the relationship with the public art project and the skill set required to undertake this design. The completed Detailed Landscape Design for Guide Park incorporates the detailed design for the Wind Blades Project (AT-2). Orchard Design provided cost estimates to complete both the Wind Blades Project and Detailed Landscape Design for Council to consider (AT-3). The cost estimates provide a list of priorities, allowing for a staged approach to deliver the project. The cost estimates to complete the entire project range from between: ‘Low Line’ - $1,731,000 ‘High Line’ - $2,332,000 The outcome of the design competition was for the two wind blades to be installed in Guide Park, Wonthaggi with a small sculpture placed in the centre. It is important that Council understands the scale of this project and the need to have supporting landscaping if it was to progress to installation stage, as the wind blades alone will not be considered suitable for a public play space. Strategic Basis Council Plan Principles The social, environmental and economic priorities of the Shire benefit both current and future generations. Strategic Objective: Healthy Communities Key Strategy: Support and promote a dynamic arts and cultural life in Bass Coast. Page 72 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Arts and Culture Plan 2015 – 2019 Principal 4: Public Art and Acquisitions Key Objective 4: Recognise the value of public art and art collections for enhancing the built and natural environment, strengthening a sense of place and identity and increasing community liveability and pride in Bass Coast. 4.1.1 Deliver Bass Coast Sites and Themes Ten Year Plan for location and themes for public art. 4.1.2 Maintain a Public Art Reference Committee Bass Coast Shire Council Public Art Sites and Themes Plan 2014-2024 (AT-4) Council resolved at its Ordinary Meeting on 18 March 2015: That Council adopts the Bass Coast Public Art Sites and Themes Plan 2014 – 2024 as a working document to assist in the implementation of the public art program in Bass Coast. The document is a planning and action framework, designed to achieve Council’s vision for public art from 2014 to 2024. At its Ordinary Meeting on16 March 2011 Council resolved that it: 1. consider funding a ten year program to provide public art as part of the budget process including: an annual contribution of $50,000 toward the creation of public art at prioritised sites. to provide a funding contribution for public art when council undertakes major works in excess of $3 million at a rate of three percent of the project value. 2. encourage developer contributions at a rate of three percent of the project value on projects in excess of $1 million. 3. refresh the Bass Coast Strategy for Art in Public Places and incorporate relevant policy support for the inclusion of public art in developments in the Bass Coast Planning Scheme, as part of the review of the Municipal Strategic Statement in 2011. 4. consider a special events contribution towards public art as part of the review of the Council’s Events Policy. Finances Council allocates $50,000 per year for public art projects. Developer contributions are held in reserve funds for Cowes and Wonthaggi projects. Projects for Wonthaggi are described as Entry Points in the Sites and Themes Plan 2014-2024 (AT-4) and are proposed to commence in 2021. To date, Council has expended $5,000 of the $50,000 2015/16 Public Art allocation which has been planned for the Wind Blades Project in Wonthaggi. This leaves $45,000 in the reserve account for the project. Page 73 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council The San Remo Public Art Project has commenced with plans to spend the $50,000 allocation by the end of the 2016/17 Financial Year. Stakeholders The following stakeholders have been directly involved in these projects: Public Art Reference Committee (currently in recess) – Council’s advisory group for public art projects Senvion Australia – Partner organisation for the proposed Wind Blades Project Orchard Design –Landscape Design company successful through the Wind Blades Project EOI stage and contracted to deliver the Landscape Design Project for Guide Park, Wonthaggi. San Remo – San Remo Foreshore Committee, Department of Environment, Land, Water and Planning, Tides of Change Community Committee and the San Remo community. Statutory Requirements/Codes/Standards/Policies There are no statutory requirements to undertake this project. Other Options Council could: 1. determine not to proceed with the Wind Blades Project or 2. request an amended masterplan and design which is in line with the public art available budget allocation of $45,000. Officer’s Conclusion and Recommendation The Masterplan prepared by Orchard Designs is grand in scale and would make for an amazing play space. However, it is important that Council understands the scale of this project and the need for the blade installation to have supporting landscaping, as the wind blades alone will not be considered suitable for a public play space. Therefore, it is recommended to retain the $45,000 currently allocated toward the project in the Public Art Reserve until such time as the project can be realised. It is proposed that conversations with potential funders of the Wind Blades Project continue and that Senvion Australia be asked to continue to store the wind blades until such time as funding is allocated to the project. Page 74 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Recommendation That Council: 1. Endorses the masterplan for the Guide Park Wonthaggi Wind Blades Creative Artwork/Play Project 2. Refers the Guide Park Wonthaggi Wind Blades Creative Artwork/Play Project to the Capital Works budget process for future consideration 3. Retains $45,000 in the Public Art Reserve Fund to be allocated to the Guide Park Wonthaggi Wind Blades Creative Artwork/Play Project. Attachments AT-1 Orchard Design Wind Blades EOI Submission 9 Pages AT-2 Guide Park Masterplan Priority Costs 1 Page AT-3 Final Public Art Sites and Themes Plan 2014-2024 12 Pages Page 75 Ordinary Meeting - 15 February 2017 H.7 Bass Coast Shire Council Future Art Gallery Options File No: Department: Council Plan Strategic Objective: CM17/3 Healthy Communities and Governance Healthy Communities Our community feels connected, safe and strong. Previous Items: 11/16 - 164/16 - Future Art Gallery, Cr Les Larke - Council - 14 Dec 2016 5.00pm SR6/16 - The Robert Smith Social Realism Collection - Council 21 Sep 2016 5.00pm Declaration The author has no direct or indirect interests in relation to this report. Summary Council has requested a report of various buildings in Wonthaggi to assess suitability for being used as a gallery and exhibition space for art works including the Robert Smith Collection (Collection). Art Consultant, Rodney James, who has assessed and catalogued the Collection was also tasked with conducting a site inspection of potential future exhibition spaces. Four buildings within the Wonthaggi CBD have had a basic assessment to their suitability for conversion to an Art Gallery. These buildings are the Old Wonthaggi Post Office (corner Watt Street and McBride Avenue), the Wonthaggi Union Community Arts Centre, the Wonthaggi RSL and the Wonthaggi Centennial Centre. Background At its 14 December 2016 Ordinary Meeting Council resolved: 1. That the Chief Executive Officer prepares a report that comes back to the Ordinary Meeting of Council on 15 February 2017 outlining the options to house and display art collections owned by our Community and the valuable Robert Smith art and book collection gifted to our Community. 2. In that regard, the report to include the future use of the Old Wonthaggi Post Office Building as an option for an Art Gallery that houses and displays these art and book collections. 3. In the meantime, the Old Wonthaggi Post Office continue to be used as a Council meeting space and for Council events with no money spent on the building other than for standard maintenance of the facility. 4. Further, that such report outlines the cost of a master plan, indicative timeframes and indicative costs for implementation of the respective options identified. Page 76 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Council is the recipient of a loan in perpetuity for an art and book collection due to the generosity of Mr Robert Smith. One of the conditions of the loan is that the Collection is housed in Wonthaggi to a suitable standard to maintain its integrity and condition. The collection includes 606 works of art valued in excess of $1million. A major strength of the Collection is the emphasis on Australian social realist artists and their use of graphic media (linocuts, screenprints, lithographs and posters) to critique social, political and economic inequities and advance alternative visions of society. These range from the mid-19th century gold-field inspired commentaries of S T Gill (the subject of a recent book and major exhibition at the State Library of Victoria) through to a major collection of mid-20th century works by the respected social realist artist Noel Counihan. The collection of Counihan works on paper is extensive (83 works in total) and is on par with major Australian museum collections. It includes two major paintings from his anti-Vietnam series. Council also has an art collection of over 100 works, mostly sourced from local artists who have been awarded the Your Art Collection prize. This is an annual acquisition program which invites the winners from the community art shows to submit four works for exhibition. An external judging panel determines the winner and from this, Council acquires the work. Currently these works are displayed in Council owned buildings. During the assessment process for the cataloguing of the Robert Smith Collection the consultant, Rodney James, made walk-through observations of four buildings in Wonthaggi – the Centennial Centre, the Old Post Office, the RSL and the Wonthaggi Union Community Arts Centre (WUCAC), both for storage and possible exhibition spaces. Mr James recommended the WUCAC as the most suitable place to store the collection in the immediate term and works have been undertaken to provide a safe, secure and appropriate store. The Collection is now on-site and Mr James is completing the cataloguing of the Collection. His final report, which will include his assessment of the four facilities, is due mid to late February 2017. Given the short turnaround time for the completion of this Council Report, accurate costings or quotations have not been sought. Sites would need to have specific hanging/exhibition requirements, climate control, security, access, amenities and lighting plans developed. Both capital and operational cost plans would need to be completed. In the interim, Council Officers have spoken with Mr James, some stakeholders and also with Creative Victoria in the context of a future gallery space within Wonthaggi. The Wonthaggi Centennial Centre has been leased to the consortia of the Wonthaggi Tourism Business Association and Artspace and therefore is not available in the short term. The Wonthaggi RSL was not considered as it is not owned or managed by Council. However, the RSL has subsequently requested to be considered as a possible venue. The Old Wonthaggi Post Office - Corner Watt Street and McBride Avenue With considerable upgrade, this building could be a wonderful exhibition space. Built in 1912, the grand old building has multiple rooms and walls for displays, high ceilings and spaces within the upstairs area for storage and additional exhibition displays. Page 77 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council It is therefore proposed that a masterplan be completed for the old Post Office Building to give indicative costs for its redevelopment as a gallery and exhibition space. The Wonthaggi Union Community Arts Centre (WUCAC) The WUCAC requires significant functional upgrades to ensure viability as a performing arts centre and cinema. These works have been assessed in a Business Case for the Centre but did not include consideration of a dedicated gallery space. The laneway and meeting room (where the Collection is currently stored) and the foyer of the Centre do have the potential as a future gallery space, but like the rest of the building will need significant upgrade to make it functional and suitable for display of art. Therefore, it also proposed that a masterplan be completed for WUCAC to give indicative costs for its redevelopment to include gallery and exhibition space. Strategic Basis Council Plan Principles The social, environmental and economic priorities of the Shire benefit both current and future generations. Strategic Objective: Healthy Communities Key Strategy: Support and promote a dynamic arts and cultural life in Bass Coast. Arts and Culture Plan 2015 – 2019 Key activity 4.3: Display, enhance and promote the value of Councils’ art collection 4.3.1 Acquire art that can be displayed and installed across the Shire, creating opportunities for all people to access and enjoy. The long term vision states – that Council’s art collection has value to attract funding for a public gallery and displayed collection works add to the cultural vibrancy of the Shire. Finances A fully costed assessment has not been undertaken. Council may wish to explore two alternatives, being the Old Post Office and the WUCAC. Each masterplan would cost in the order of $30,000 to $50,000 depending on the scope of works. Briefs will be developed and quotes sought upon Council’s decision. This would be referred to the 2017/18 budget process for consideration. Stakeholders Mr Robert Smith, collection owner Bass Coast Shire Council Wonthaggi and broader Bass Coast community Rodney James, Arts Consultant Local Schools Local Artists Creative Victoria Wendy and John Crellin Page 78 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council State Coal Mine- Rescue Station Arts Inc Statutory Requirements/Codes/Standards/Policies The Museums and Galleries Association has produced a Practical Guide for Sustainable Climate Control and Lighting in Museums and Galleries (2013) which sets out standards for maintaining art collections in various mediums. Light, temperature, humidity and air pollutants need to be considered. Other Options Council could determine to display the collection as it currently does within Council buildings, rotated on an annual basis. Officer’s Conclusion and Recommendation As this report does not include costings, it is recommended that a future report be presented to Council with a masterplan for the Old Post Office and for the Wonthaggi Community Union Art Centre, subject to consideration in the budget process. Recommendation That Council refers funding for a masterplan for the Old Wonthaggi Post Office and for the Wonthaggi Union Community Art Centre to the 2017/18 budget process for consideration. Attachments There are no attachments for this report Page 79 Ordinary Meeting - 15 February 2017 H.8 Bass Coast Shire Council Council Meeting Schedule 2017 File No: Department: Council Plan Strategic Objective: CM16/821 Healthy Communities and Governance Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery. Declaration The author has no direct or indirect interests in relation to this report. Declaration The reporting officer does not have any direct or indirect interest in this matter. Summary This report recommends that Council confirms the proposed meeting schedule dates and venue location for the 2017 Council Ordinary Meetings. Introduction It has been Council’s practice to set a meeting schedule for the year ahead to assist with the planning of Council business and decision making. Strategic Basis Good governance requires that Council Meetings be run effectively and smoothly and are made accessible to the community to ensure openness and transparency in decision making. Council Plan Strategies commit to the development of good governance processes and strong democratic government which is effectively communicated to the community. Finances There are extra staff and travel costs involved with conducting a Council Ordinary Meeting at a venue other than the Civic Centre Council Chamber located in Wonthaggi. These costs are allowed for within the current resources in the Governance Department. Stakeholders Council, Council Staff, the media and the general community have an interest in Council meeting arrangements. Statutory Requirements/Codes/Standards/Policies The provisions of the Local Government Act 1989, in relation to meetings, include: Page 80 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council “(i) That Council can hold Ordinary meetings at which general business of the Council may be transacted and hold Special meetings at which the business specified in the notice calling the meeting may be transacted. (ii) Meetings of the Council must be open to members of the public. Council can resolve that the meeting be closed to the public if the meeting is discussing any of the following: (a) Personnel matters (b) The personal hardship of any resident or ratepayer (c) Industrial matters (d) Contractual matters (e) Proposed developments (f) Legal advice (g) Matters affecting the security of Council property (h) Any other matter which the Council or special committee considers would prejudice the Council or any person (i) (iii) A resolution to close the meeting to members of the public A Council must make local laws governing the conduct of meetings of the Council and special committees. Except as provided in the Act and subject to any local laws, the conduct of meetings of a Council is in the Council’s discretion. Local Law Number 12 governs the conduct of Bass Coast Shire Council meetings.” Other Options Council can choose to alter the proposed meeting schedule. Officer’s Conclusion and Recommendation It is recommended that the proposed schedule be adopted. Page 81 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Recommendation That Council adopts the 2017 Council Ordinary Meeting Schedule as follows: Date 15 March 2017 19 April 2017 17 May 2017 21 June 2017 19 July 2017 16 August 2017 20 September 2017 18 October 2017 15 November 2017 13 December 2017 Venue Civic Centre, Wonthaggi Cultural Centre Hall, Cowes Civic Centre, Wonthaggi Civic Centre, Wonthaggi Civic Centre, Wonthaggi Civic Centre, Wonthaggi Civic Centre, Wonthaggi Cultural Centre Hall, Cowes Civic Centre, Wonthaggi Cultural Centre Hall, Cowes Time 5.00pm 5.00pm 5.00pm 5.00pm 5.00pm 5.00pm 5.00pm 5.00pm 5.00pm 5.00pm Attachments There are no attachments for this report. Page 82 Ordinary Meeting - 15 February 2017 H.9 Bass Coast Shire Council Determination of Councillor and Mayoral Allowances File No: Department: Council Plan Strategic Objective: CM16/823 Healthy Communities and Governance Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery. Declaration The author has no direct or indirect interests in relation to this report. Summary Section 74 of the Local Government Act 1989 (Act) requires a Council to pay each of its Councillors and Mayor an allowance that does not exceed the limits specified in an Order in Council (Order). The latest Order was published in the Victorian Government Gazette on 26 November 2015 as follows: Local Government Act 1989 MAYORAL AND COUNCILLOR ALLOWANCES ADJUSTMENT In accordance with section 73B(4)(a) of the Local Government Act 1989, notice is hereby given that an adjustment factor of 2.5% applies to Mayoral and Councillor allowances. In accordance with section 73B(4)(b) of the Local Government Act 1989, the new limits and ranges of Mayoral and Councillor allowances, adjusted in accordance with the adjustment factor, are: Category 1 Councillors: $8,121–$19,350 per annum Mayors: up to $57,812 per annum Category 2 Councillors: $10,033–$24,127 per annum Mayors: up to $74,655 per annum Category 3 Councillors: $12,065–$28,907 per annum Mayors: up to $92,333 per annum This notice does not apply to the Lord Mayor, Deputy Lord Mayor and Councillors of the Melbourne City Council, and the Mayor and Deputy Mayor of the Greater Geelong City Council. The new adjusted limits and ranges take effect on 1 December 2015. Dated 18 November 2015 NATALIE HUTCHINS MP Minister for Local Government Under the Act a Council can pay each of its Councillors an allowance higher than the minimum, however it must not exceed the maximum limit specified in the Order. It also provides for the Council to pay Councillors and the Mayor an amount equivalent to the superannuation guarantee contribution (SGC) of 9.5%. Bass Coast Shire Council is considered a Category 2. Page 83 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Council gave Public Notice of its intention to set the Councillor and Mayoral allowances and invite submissions. No submissions were received. This report recommends that: 1. The Councillor allowances be set at $24,127 plus equivalent of 9.5% superannuation guarantee and any future increases as gazetted by the Minister for Local Government in the future from 4 November 2016. 2. The Mayoral allowance be set at $74,655 plus equivalent of 9.5% superannuation guarantee and any future increases as gazetted by the Minister for Local Government in the future from 4 November 2016. Background Until Council make a final determination in relation to setting the allowances, Councillors must continue to be paid the same allowance as the previous Councillors and Mayor. The Act requires that Councillors review and determine the level of the Councillor and Mayoral allowances by 30 June following a general election. This review is subject to a Section 223 submission process, with an opportunity for submitters to be heard in person by Council. A Public Notice of Council’s intent to set allowances was published in the local newspapers and on Council’s website, with written submissions closing on Tuesday 20 December 2016. No submissions were received. Strategic Basis The establishment of Councillor and Mayoral allowances aligns with the Council Objective of Effective Governance. It also achieve the following Council Plan Principles Equity in the distribution of resources across the Shire. Transparent evidence-based and inclusive decision making. Finances Councillor and Mayoral Allowances are budgeted for through the Executive Office budget in the 2016/17 Adopted Budget. Stakeholders Councillors, Mayor, residents, ratepayers, and visitors are impacted by this report. Statutory Requirements/Codes/Standards/Policies The establishment of Councillor and Mayoral Allowance are prescribed in Section 74 of the Act. The consultative process associated with the setting of Councillor Allowances is prescribed in Section 223 of the Act. Page 84 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Other Options The current Councillor and Mayoral allowance continues to be paid until 30 June 2017. If Council does not set an allowance by this period they will be in breach of the Local Government Act 1989. Council could determine to alter the amount paid to them as their allowance. This cannot exceed $24,127 for Councillors or $74,655 for the Mayor. Recommendation That Council set allowances from 4 November 2016 as follows: 1. Councillor allowances at $24,127 plus equivalent of 9.5% superannuation guarantee and any future increases as gazetted by the Minister for Local Government. 2. Mayoral allowance at $74,655 plus equivalent of 9.5% superannuation guarantee and any future increases as gazetted by the Minister for Local Government. Attachments There are no attachments for this report Page 85 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council H.10 Adoption of Provision of Resources to Councillors Policy File No: Department: Council Plan Strategic Objective: CM16/833 Healthy Communities and Governance Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery. Declaration The author has no direct or indirect interests in relation to this report. Summary The elected Councillors are provided with a range of resources to enable them to effectively carry out their role. These resources include a Councillors’ allowance, administrative support, reimbursement of expenses associated with Council business, travel and accommodation entitlements, professional development opportunities and information technology support. This report recommends the adoption of the Provision of Resources to Councillors’ Policy (Policy). Background This Policy sets out the current provisions in relation to the assistance, support and resources provided to the Councillors and Mayor. Policy Objectives Provide Councillors with the resources required to carry out their duties as representatives of their communities, and communicate with each other, Council staff and the Bass Coast community. Assist Council staff in providing the necessary resources, equipment and support to Councillors. Clearly set out the level of professional support that staff will provide Councillors. Strategic Basis The Council Plan Principle equity in the distribution of resources across the Shire most closely relates to this report. Page 86 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Finances The adopted budget has made allowance for Councillor and Mayor allowance, professional development opportunities, expenses associated with the Councillor Transition Plan and other reimbursement expenses such as travel to and from Council associated meetings. The budget also made allowance for appropriate equipment identified in the Policy to allow Councillors to undertake their duties. Stakeholders Councillors and the Bass Coast community benefit from the implementation of this Policy. Statutory Requirements/Codes/Standards/Policies Sections 74 and 75 of the Local Government Act 1989 apply to the provision of resources to Councillors to enable them to perform their duties. Other Options Councillors could opt to not adopt this Policy. The Policy provides consistent guidelines and transparency to the level of support that Council provides to its elected members in order to undertake their duties as Councillors. Officer’s Conclusion and Recommendation To ensure transparency and consistency in approach in the support to Councillors it is recommended that Council adopt the Provision of Resources to Councillors Policy. Recommendation That Council adopts the Provision of Resources to Councillors Policy. Attachments AT-1 Provision of Resources to Councillors Policy 6 Pages Page 87 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council H.11 Cowes Yacht Club Lease Area Variation File No: Department: Council Plan Strategic Objective: CM17/1 Healthy Communities and Governance Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery. Declaration The author has no direct or indirect interests in relation to this report. Summary The Cowes Yacht Club (Club) is located on Crown Land fronting the corner of Osbourne Road and The Esplanade, Cowes. The Club has been in existence since 1958, initially holding the Club site under a permission license through the Victorian Government. This subsequently changed to a lease held through the then Phillip Island Council and now with the Bass Coast Shire Council. The Club renewed their lease in 2010 for a further term of 21 years, however since then they have sought to expand their storage area to meet the Club’s demand for more boat space. An extension of lease area will require Department of Environment Land Water & Planning (DELWP) and Council approval, and will require the surrender of the existing lease and replacement with a new lease showing the increased lease area. This report seeks support to allow the lease area to be expanded as shown in the attached plan (AT–1) and in line with the Local Government Act 1989 requirements. Background The Club formally approached Council back in February 2015 to consider an extension of their lease area. Discussions took some time to complete due to consideration of the area, and issues with drainage and vegetation clearance. Approval in Principle by DELWP was received in December 2015 and subsequent negotiations over the lease have extended well into 2016. This delay in resolving the lease is due, in part, to storms causing erosion issues and requiring some rewording of the lease to include the management of the erosion along the foreshore areas in front of the Club. The Club has a current lease area of 2,973m2 (as per lease document) including boathouse and boat ramp. The attached map shows an area of 2,829m2 excluding the boat ramp. It is proposed to increase the storage area for boats by 575m2 to approximately 3,548m2, (3,404m2 excluding boat ramp). The draft lease document has now been agreed, in principle, by the Club. As a final requirement public comment will be sought to the revised lease area. Page 88 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Strategic Basis Council Plan Principles The social, environmental and economic priorities of the Shire benefit both current and future generations. Equity in the distribution of resources across the Shire. Transparent evidence-based and inclusive decision making. Finances The current lease payment is $104 per annum which is in line with other community groups that engage with a wide section of the community, and that do not have any commercial aspects to their club. Costs for the renewal of this lease can be met from existing budget. Stakeholders The stakeholders impacted by this report include Cowes Yacht Club members, Cowes residents fronting the foreshore near Cowes Yacht Club, Bass Coast Community, Bass Coast Shire Council; and Department of Environment, Land, Water & Planning Statutory Requirements/Codes/Standards/Policies Local Government Act 1989 Crown Land Reserves Act 1978 Land Act 1958 Leasing Policy for Crown Land in Victoria 2010 Committee of Management – Responsibilities and Good Practice Guidelines May 2014 Council adopted its Crown Land Leasing policy 10 December 2014, which stated that Council utilizes the guidelines and principles within the Victorian Government Leasing Policy for Crown Land in Victoria 2010 for all Crown Land leases. Part of this policy is that Council would only enter direct negotiations with existing or prospective tenants of Crown land in specific circumstances. In this instance it can be stated that, the writer is of the opinion that, after assessment of the site, it can be determined that direct negotiations with a prospective tenant would maximize benefits to the community or Council or government. Other Options Council has a number of options to consider; 1. Agree to the request. The requested area is considered required and appropriate and will help the Club continue to perform its function as a yacht club; 2. Decline the request which would limit the clubs ability to manage boats on the site and potentially impact upon their membership development; or Page 89 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council 3. Consider a revised area. The club had previously sought a larger area, however after extensive negotiations the area shown within this report has been agreed between the Crown, Council and the Club. Officer’s Conclusion and Recommendation It is recommended that approval be granted to allow the Cowes Yacht Club to surrender their existing lease and replace it with a new lease with an increased area to approximately 3,548m2 subject to the requirements of the Local Government Act 1989. Recommendation That Council: 1. Negotiate directly with Cowes Yacht Club for surrender of their existing lease dated 22 March 2010, and renewal of a new lease for the site known as the Cowes Yacht Club, The Esplanade, Cowes with an increased total land area of 3548m2 and described as portion of allotment 37D Township of Cowes Parish of Phillip Island for the permitted use of a yacht club, for a term of 21 years at rental of $104 per annum subject to the requirements of the Local Government Act 1989; 2. In accordance with Section 190 of the Local Government Act 1989, publish a public notice indicating Council’s intent to renew the lease with an increased lease area to the site known as the Cowes Yacht Club at The Esplanade, Cowes; 3. Pursuant to Section 223 of the Local Government Act 1989, seek submissions from the public to this proposed lease arrangement; 4. Appoint a Committee of Council, comprising the Mayor and two Councillors, to consider submissions in accordance with Section 223 of the Local Government Act 1989 made in response to the required public notice and make recommendations back to Council; 5. Authorise the Chief Executive Officer to complete and sign all necessary documentation for the new lease to the Cowes Yacht Club should no submissions be received. Attachments AT-1 Lease Area Cowes Yacht Club Site 1 Page Page 90 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council H.12 Wonthaggi Highball Facility - Victorian School Building Authority 2017-17 Shared Facility Fund File No: Department: Council Plan Strategic Objective: CM17/82 Healthy Communities and Governance Healthy Communities Our community feels connected, safe and strong. Previous Items: SR4/16 - Sports and Active Recreation Needs Asessment Council - 20 Apr 2016 5.00pm Declaration The author has no direct or indirect interests in relation to this report. Summary In November 2016, Council prepared and submitted an expression of interest through the Victorian School Building Authority 2016-2017 Shared Facilities Fund (AT-1) to develop a three court highball stadium (recreation/basketball). The facility is proposed to be located on a greenfield site accessed via McKenzie Street, Wonthaggi. If successful, the stadium facility would be co-located with the future Wonthaggi Secondary College senior campus. Wonthaggi Secondary College has finalised a Masterplan (AT-2) and is seeking funding to commence the construction of the new school at this site. A one court facility would be fully funded as part of the Wonthaggi Secondary College project – this would be for educational uses only. The two additional courts are being considered within the Shared Facilities Fund as a partnership between the school, Council and community. On 3 February 2017 Council was informed by the Victorian School Building Authority that it had been invited to supply additional information for its submission to the Shared Facilities Fund (AT-3). This is required to be completed and submitted by 17 February 2017. The provision of enhanced highball facilities has been identified as a high priority for the Bass Coast community as part of the Sports and Active Recreation Needs Assessment 2016 (SARNA) (AT-4). The Shared Facilities Fund application offers the opportunity for Council to work collaboratively with Wonthaggi Secondary College and prospective user groups to achieve the delivery of the project in the short term and enhance recreational outcomes for the community. Page 91 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Background Current provision for highball recreation activities in Wonthaggi is limited to a single court at the Wonthaggi Aquatic and Leisure Centre. The Masterplan for future redevelopment of the Wonthaggi Aquatic and Leisure Centre identifies the potential for development of a two court stadium, however, this is indicated as being a secondary (future) phase of development. The Sports and Active Recreation Needs Assessment 2016 (SARNA) identified the development of an indoor highball facility in Wonthaggi as a ‘High Priority’. The report recommended as follows: “Develop an indoor highball stadium (minimum 2 court) in Wonthaggi. Consider reviewing the Bass Coast Aquatic and Leisure Centre Master Plan to accommodate the short term need for indoor highball facilities on the mainland or investigate alternate locations for facility development (e.g. Wonthaggi Education Precinct, Wonthaggi Secondary College – Dudley Campus).” The Victorian School Building Authority 2016-17 Shared Facilities Fund (SFF) seeks to meet local infrastructure needs by developing community facilities on school sites across Victoria. The funding allocated through this program will deliver greater support to schools, councils and other institutions to develop shared facilities arrangements. This fund can be used to implement a range of community infrastructure projects on school sites, including early learning centres, sporting facilities and community hubs. The Shared Facilities Fund outlines the following key points from its guidelines: The Victorian Labor Government invested $50 million into the SFF. This new fund will deliver integrated community facilities on school sites. No more than 10% of the fund is to be allocated to a single Council. The funding guidelines do not identify a level of co-contribution from Council or third party organisations for any specific project. Infrastructure projects that benefit from the funding will be required to commence construction within 12 months of being announced, and service delivery must be ready to commence once construction has been completed. An SFF Expression of Interest submission was submitted by Council for a three court highball stadium in November 2016 supported with backing from 13 prospective user groups and recreation associations. Strategic Basis Council Plan Principle: Our community feels connected, safe and strong. Council Plan Strategies: Enable our diverse communities to be strong and healthy. Provide opportunities for involvement in a range of lifestyle and learning activities for groups and individuals. Foster wellness in a supportive, inclusive, healthy and active community. Improve the opportunity to enjoy our recreational and open spaces. Page 92 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Discussion The provision of highball facilities in Wonthaggi is identified in the SARNA study as a high priority action. The SARNA report identifies that options should be explored for alternate locations from the Bass Coast Aquatic and Leisure Centre in order to expedite the construction of facilities in the short term. This approach is supported by consultation with a range of user groups and recreation associations whose recreational activities are impacted by the lack of facilities currently available. The SFF provides Council with the opportunity to implement the recommendations of the SARNA report. The SFF also provides the opportunity for collaborative working relationships between Council, the State Government and the Bass Coast community to achieve enhanced community infrastructure. The SFF request for further information requires Council to consider the next level of detail associated with the future highball stadium facility. This includes the total cost of the project, timelines for delivery, level of co-contribution from Council (and/or other third party sources) and the anticipated model for joint use arrangements of the facility. To complete this task within the specified timeframes, Council has engaged Inside Edge Sport and Leisure Planning to assist in the research required to complete the submission, working alongside Wonthaggi Secondary College, their project group and architects. At the time of writing these further information project details were not yet available. An updated report taking into account these factors will be made available prior to the February Ordinary Meeting of Council. Council Officers have engaged with many local sport and recreation groups, local schools and community organisations and all have offered support for the application. The Wonthaggi Amateur Basketball Association has been a key driver for a highball facility due to the limited availability of suitable facilities in the area and has also provided their support for the proposal. The SFF opportunity is considered to be consistent with the strategic direction of Council, as set out in the SARNA report. The project also has the support of Wonthaggi Secondary College and local user groups and recreation associations. Next Steps If Council pursues the funding opportunities via the SFF the following next steps and timelines are anticipated for the project: Assessment of the proposal and Government approval – March 2017 Community Joint Use Proposals Executed – March/April 2017 Funding announcement – May 2017 These timelines are contingent upon the anticipated funding schedule associated with the Wonthaggi Secondary College development. Page 93 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Finances Financial details regarding the Wonthaggi Highball Stadium were being developed at the time of writing and will be made available as part of an updated Council report. Council will be required to determine the level of co-contribution to the funding opportunity and also the financial implications associated with any future joint use agreement for management of the facility. It will also be necessary for Council to consider the implications for the proposed Bass Coast Aquatic and Leisure Centre Masterplan. If successful, the revised location for a future highball facility will impact upon the future operation of this facility. Stakeholders Wonthaggi Secondary College Local Primary and Specialist Schools Bass Coast Shire Council Wonthaggi Amateur Basketball Association Wonthaggi Recreation and Leisure Groups YMCA Bass Coast Community Statutory Requirements/Codes/Standards/Policies Nil Other Options The following options are available to Council in consideration of this matter: 1. To complete the Shared Facilities Fund - Additional Project Information Form in order to pursue funding for a proposed highball facility associated with the future development of Wonthaggi Secondary College – senior campus. 2. To not complete the Shared Facilities Fund - Additional Project Information Form and advise the State Government and Wonthaggi Secondary College that Council is not in a position to pursue funding for the project at this time. Officer’s Conclusion and Recommendation The Victorian School Building Authority 2016-17 Shared Facilities Fund application for the Wonthaggi Highball facility provides Council with the opportunity to achieve a strategic objective to provide enhanced recreation facilities for the Bass Coast community. This reflects the recommendations of the SARNA (2016). It is therefore recommended to pursue the funding opportunity by submitting the additional information to the Victorian School Building Authority and identifying a budget allocation as a co-contribution from Council towards the project. Page 94 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Recommendation That Council: 1. Completes the Victorian School Building Authority 2016-17 Shared Facilities Fund - Additional Project Information Form for submission by 17 February 2017. 2. Commits a budget allocation of not greater than $xxxx as a cocontribution to the project in the 2017-2018 and 2018-2019 budget. Attachments AT1 Shared Facilities Fund Expressions of Interest 7 Pages AT2 Masterplan 1 Page AT3 Shared Facilities Fund - Request for additional project information 1 Page AT4 April 2016 Part A Bass Coast Sport and Recreation Needs Assessment Final Report Part A 72 Pages Page 95 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Statutory Reports Page 96 Ordinary Meeting - 15 February 2017 I Statutory Reports I.1 CEO's Report for February 2017 File No: Department: Council Plan Strategic Objective: Bass Coast Shire Council CM17/41 Healthy Communities and Governance Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery. Declaration The author has no direct or indirect interests in relation to this report. Summary Council is committed to introducing more regular updates on the key projects and initiatives that are implemented. The attached report (AT-1) highlights a number of key projects and their progress. Strategic Basis The Council Plan 2013-2017 contains a number of principles and key strategic objectives. The projects outlined in this report all contribute to the achievement of this Plan. The objectives in the Council Plan include: Natural Environment Sustainable Development and Growth Healthy Communities Effective Governance Economic Development The relevant principles within the Council Plan, which are to guide all Council decisions and actions include: The social, environmental and economic priorities of the Shire benefit both current and future generations The intrinsic value of biodiversity and the protection of the natural eco systems will be recognised Equity in the distribution of resources across the Shire Transparent evidence-based and inclusive decision making The provision and use of energy and resources will be promoted in an efficient and sustainable way Page 97 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Delivery of the Major Initiatives, delivers key actions, strategies and plans which aid Council to sustain and deliver better services to the community. This assists Council in achieving all five key strategic objectives and associated strategies within the Council Plan. Finances All of the projects highlighted in this report are funded through the 2016/17 Budget. Some of these projects have received grant funding. Stakeholders Council, ratepayers, external funding bodies, residents and visitors are all affected by the delivery of the program Statutory Requirements/Codes/Standards/Policies The Major Initiatives are allocated for in the 2016/17 Budget. These projects are developed, approved and spent in accordance with the Local Government Act 1989, and the Procurement Policy. The Local Government Act states that the primary objective of Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions. Recommendation That the CEO’s Report for February 2017 be received. Attachments AT-1 CEO's Report - February 2017 2 Pages Page 98 CEO's Report for February 2017.DOC Attachment 1 - CEO's Report - February 2017 Bass Coast Shire Council Page 99 CEO's Report for February 2017.DOC Attachment 1 - CEO's Report - February 2017 Bass Coast Shire Council Page 100 Ordinary Meeting - 15 February 2017 I.2 Bass Coast Shire Council 2016/2017 Major Initiatives, Finance and Capital Works Second Quarter Report File No: Department: Council Plan Strategic Objective: CM17/13 Healthy Communities and Governance Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery. Declaration The author has no direct or indirect interests in relation to this report. Summary Annually Council adopts a Budget that identifies the services to be provided, the Capital Works Program and other major initiatives that it will deliver during that year. The purpose of this report is to provide a quarterly update on our progress. Introduction The Council Plan articulates Council’s Vision for the future of Bass Coast and outlines strategies to be used by Council in fulfilling the Vision. It is an important tool for measuring the performance of Council. Council approved the Major Initiatives and Capital Works Program as part of the 2015/2016 Budget. All of the 27 Initiatives adopted as part of this Budget were completed within the financial year. A copy of the final report for 2015/2016 is attached (AT-1). The 2016/17 Budget identified 14 Major Initiatives and 25 Initiatives. These Major Initiatives and Initiatives will be reported on quarterly throughout the year. Strategic Basis The Council Plan 2013-2017 contains a number of principles and key strategic objectives. The projects outlined in this report all contribute to the achievement of this Plan. The objectives in the Council Plan include: Natural Environment Sustainable Development and Growth Healthy Communities Effective Governance Economic Development The relevant principles within the Council Plan, which are to guide all Council decisions and actions include: The social, environmental and economic priorities of the Shire benefit both current and future generations Page 101 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council The intrinsic value of biodiversity and the protection of the natural eco systems will be recognised Equity in the distribution of resources across the Shire Transparent evidence-based and inclusive decision making The provision and use of energy and resources will be promoted in an efficient and sustainable way Finances Detailed information on the financial performance of Council has been provided in the attached financial report for period ending December 2016 (AT-4). In summary, the year to date position is favourable, with the end of year operating result also forecast to be favourable, due primarily to capital grants funding. For further information please refer to the attached financial report. Stakeholders Council, ratepayers, external funding bodies, residents and visitors are all affected by the delivery of the services, key initiatives and the capital program. Statutory Requirements/Codes/Standards/Policies Section 138 of the Local Government Act 1989 (Act) requires that each quarter Council (and the community) is provided with a statement comparing the adopted budget with the actual results for the year to date. The Major Initiatives and Capital Works are allocated for in the 2016/17 Budget. All of Council’s expenditure is approved and spent in accordance with the Act and the Procurement Policy. The Act states that the primary objective of Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions. Officer’s Comments/Conclusion Major Initiatives and Initiatives Attached to this report is a progress summary of the Major Initiatives and Initiatives identified in the 2016/17 Budget. Council identified 39 initiatives. Of these: 4 have been completed; 33 are underway and on-track for completion within planned timeframes; 1 Major Initiative – 1.3.5.1 Cowes Revitalisation Project – is subject to review in accordance with Council’s decision of 14 December 2016; and 1 Initiative – 1.1.1.8 Wonthaggi Landfill Rehabilitation – is at risk due to lack of sources of fill. Page 102 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council During this period we completed the following initiatives: Contribute to the development of the Victorian and Gippsland intensive agriculture policy and strategy. Manage the transition of a new Council. Conduct the 2016 Council Election Natural Environment Initiative Status Implement Year One of the Natural Environment Sustainability Strategy Project Underway Finalise contracts for waste services, including kerbside services and management of waste facilities Project Underway Commence preparation of Council’s Bio-links Plan Project Underway Commence the review of the Foreshore Use Policy Project Underway Commence rehabilitation of the Wonthaggi Landfill Project Underway Complete the design of Grantville Landfill Cell 7 Project Underway Healthy Communities Initiative Prepare a new Municipal Public Health and Wellbeing Plan Status Project Underway Commence construction of the Bass Valley Children’s Centre Project Underway Project Underway Review the Domestic Animal Management Plan Implement Year One of the Municipal Early Years Plan Project Underway Implement Year Three of the Education Plan Project Underway Implement Year one of the Youth Action Plan Project Underway Implement Year Two of the Arts and Culture Plan Project Underway Implement Year One of the Disability Action Plan Project Underway Economic Development Initiative Implement Year One of the Economic Development Strategy Status Project Underway Complete the Phillip Island and San Remo Tourism Strategy 2035 Completed Secure funding and undertake detailed design for the Cowes Revitalisation Project Project Underway Undertake a review of the Events Policy Project Underway Page 103 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Contribute to the development of the Victorian and Gippsland intensive agriculture policy and strategy Completed Implement priority actions form the Phillip Island and San Remo Tourism Strategy 2035 Project Underway Effective Governance Initiative Develop and Adopt the Council Plan 2017/2020 Status Project Underway Conduct the 2016 Council Election Completed Commence Implementation of the Property Strategy Project Underway Manage the transition of a new Council Completed Commence the upgrade to Council’s website Project Underway Develop a Revenue Strategy Project Underway Commence investigation of shared services initiatives Project Underway Commence implementation of a workforce attraction, diversification and retention strategy Project Underway Finalise development of the Asset Recognition and Valuation Guidelines Project Underway Develop and adopt a new Councillor Code of Conduct Project Underway Commence implementation of the Core System replacement Project Underway Sustainable Development and Growth Initiative Complete preparation of the Wonthaggi North East Precinct Structure Plan Status Project Underway Complete review of the Wonthaggi Dalyston Structure Plan Project Underway Complete review of the Road Management Plan Project Underway Commence preparation of a Municipal Recreation Plan Project Underway Review the Asset Management Strategy and Policy Project Underway Develop a Tree Management Policy Project Underway Commence preparation of the Open Space Asset Management Plan Project Underway Undertake the Community Engagement Process for Pioneer Bay Road and Drainage Improvement Project Project Underway The attached report outlines the progress of each project. Summaries and highlights of some of these projects are also available in the CEO’s Report and on Council’s website. Page 104 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Capital Works Program 2016/2017 – Quarter 2 – 1 July 2016 to 31 December 2016 The 2016/2017 Capital Works Program, was made up of 71 capital works projects or actions when the 2016/2017 Council Budget was approved at the 22 June 2016 Council Meeting. At that time the approved Capital Budget was valued at $15.988 million. Subsequent to the 2015/2016 end of year process the number of capital works projects or actions included within the program increased. The increase in the number of projects was a result of projects not completed at 30 June 2016 being carried over for completion from the 2015/2016 financial year to the current financial year. With the addition of carry over projects, the current Capital Works Program for 2016/2017 financial year has a total of 91 project actions being reported on which is valued at $ 25.157 million. The attached Capital Works Progress Report (AT-1) shows the progress of projects/actions up to 31 December 2016. Within the report, projects that have had carry-over funds attributed to the project have “C/O” included within the title of the project action as shown in the attached report. Projects with a revised budget have ‘**’ included within the title of the project action as shown in the attached report. A breakdown of the capital program by project type is shown in the table below. Capital Works Item Type No of projects $ Buildings 13 10,574,195 Open Space (recreation and foreshore projects) 16 3,927,774 Plant and Equipment, IT and Other 6 1,817,807 Roads, Drainage, Bridges (Civil Projects) 56 8,797,651 Waste 1 40,000 Total 91 25,157,427 The attached report indicates that of the 91 capital works projects or actions: 5 projects have not been started 33 projects are progressing through the planning and design phase 20 projects are underway 33 projects are completed 0 projects have been deferred Since the start of the 2016/17 financial year 33 projects have been completed, of which 10 of these were carry over projects from the 2015/16 financial year. With there being 33 projects out of the 91 action items now complete, the overall program is over 35% complete, up until 31 December 2016. Page 105 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Whilst 33 projects or actions have been completed up until the end of December 2016, an additional 58% of the program is underway with 33 projects in the planning and design phase and 20 projects underway in the tendering or construction phase. The attached report shows that whilst 5 projects had not yet been started, 71 projects or 77% of projects were at a stage where they are achieving at least 90% of the progress targets for the end of December 2016. This is an indication that the Capital Works Program is progressing and projects are scheduled to be completed by 30 June 2017. Some of the projects that have been completed between 1 July 2016 and 31 December 2016 that form part of the current 2016/2017 Capital Works Program are as follows: Buildings 1. C/O Building Upgrade - Old Post Office and Watt Street, Wonthaggi - design only 2. C/O Building Upgrade - Civic Centre Refurbishment - Community Health and Wellbeing Area - construction only 3. C/O Building Renewal Program – Targeted Projects - various locations construction only 4. C/O Building Upgrade - Civic Centre Refurbishment - Information Technology Area -construction only 5. C/O Building Renewal Program – Cape Paterson Bay Beach Caravan Park – construction only 6. C/O Building Renewal - Newhaven Jetty Shed - Roof Renewal - construction only Open Space 7. Open Space Renewal Program - Landscape Renewal - Wonthaggi Guide Park design only Plant & Equipment, IT & Other 8. C/O Art Development - Art Collection Storage 9. Street Decorations - Christmas Street Decorations replacement - various locations -construction only Roads, Drainage, Bridges (Civil Projects) 10. C/O Road Renewal - South Dudley Road, Wonthaggi - Final Sealing works 11. C/O Open Space Renewal Program - Inverloch Boat Ramp Erosion Protection Works -construction only 12. Final Spray Seal - Carneys Road, Wonthaggi from Service Road to Loughran Road 13. Reseal Program - Spray Sealing – various locations 14. Urban Asphalt Seal Program – Chapel Street, Cowes from Thompson Avenue to Osbourne Avenue - construction only 15. Rural Pavement Program – Sheepways Road, Krowera from McGraths Lane (300 metres east) to Chainage 2380 - construction only 16. Final Spray Seal - Sheepways Road, Krowera from Loch Wonthaggi Road to McGraths Lane (300 meters south) Page 106 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council 17. Traffic Control Structures – various locations - construction only 18. Urban Asphalt Seal Program – Devon Avenue, Cowes from Church Street to End of Court - construction only 19. Urban Pavement Program – Fincher Street, Wonthaggi from Wentworth Road to No. 33 Wentworth Road - design and construction 20. Roadside Safety Structures – various locations - construction only 21. Kerb Renewal Program - various locations - construction only 22. Rural Pavement Program - Cowes Rhyll Road, Cowes from Chainage 1250 to Chainage 1555 - construction only 23. Final Spray Seal - Treadwells Road, Mahers Landing from Inverloch Venus Bay Road to Mahers Landing Road, Inverloch - construction only 24. Shared Path Renewal - Thompson Avenue from Cowes Rhyll Road to Number 201 Thompson Avenue, Cowes - construction only 25. Pathways - Gaps Program - Miners Drive, Wonthaggi - design only 26. Footpath Renewal - Hagelthorn Street from McBride Avenue to Billson Street, Wonthaggi - construction only 27. Footpath Renewal - Smiths Beach Road from Murray Street to opposite Hollywood Crescent, Smiths Beach - construction only 28. Footpath Renewal and Pram Crossings Renewal - Genista Street, San Remo from Corner Tanagra Close to Genista Street, Cowes - construction only 29. Pathways - Gaps Program – Cashin Street, Inverloch - construction only 30. C/O Pathways - Principal Bicycle Network - Inverloch Foreshore, Surf Parade, Inverloch - Stage 1 - construction only 31. Pathways - Gaps Program – Mortimer Street, Wonthaggi - construction only 32. Shared Path Renewal - South Dudley Road, South Dudley 100 meters north of Guide Park, Wonthaggi - construction only 33. Pathways - Gaps Program - Pier Road, Grantville - construction only Refer to AT-2 for Photos of Capital works completed projects 1 July 2016 to 31 December 2016 Of the 91 projects, there are a number of projects which are subject to grant or external funding in order to proceed. There is a risk that these projects won’t be able to proceed if funding applications are unsuccessful. 1. **Buildings Group - Bay Beach, Cape Paterson - BBQ Shelter - construction only subject to external funding 2. Cowes Revitalisation Projects – Cowes Cultural and Civic Centre - design and construction - subject to grant funding 3. ** Cowes Revitalisation Projects – Cowes Transit Hub – design and construction – subject to grant funding 4. **Cowes Revitalisation Projects – Cowes Jetty Triangle - design and construction – subject to grant funding Page 107 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council 5. C/O Phillip Island Football and Netball Club - New Changerooms - construction only The 2016/17 value of these five projects is in the order of $7.8 million. Council Officers have submitted and are currently working on a number funding applications relating to these projects to secure funding so these projects can be delivered. However, this report does not reflect the Council resolution in December to halt further progress on the Cowes Cultural and Civic Centre and the Cowes Transit Hub as part of the Cowes Revitalisation Projects. These projects will therefore be reported as deferred in future capital works progress reports. In relation to the Phillip Island Football and Netball Club - New Changerooms, a meeting was held with club representatives late December 2016 to discuss project costs and confirm that the Club would be responsible for any additional costs that are above what has been currently budgeted. The Club is reviewing costings and will report back to Council in early 2017. This project is at risk of not being delivered this financial year. A request for an extension of time from the grant funding body will be required due to the delay in the Club finalising their plans for the building. Further updates of the outcome of these applications will be available in future quarterly Major Initiatives and Capital Works Reports. Detailed progress of all Capital Works projects is attached to this report Finance Further information is available in the attached Quarter 2 Financial Report (AT-3) Recommendation That the Finance, Major Initiatives and Capital Works Progress Report for the 2016/17 first quarter be received. Attachments AT1 Capital Works Progress Report 01 July to 31 December 2016 Final Report 19 Pages AT2 Photos of Capital Works Completed Projects 1 July to 31 December 2016 8 Pages AT3 Quarter 2 Report Major Initiatives and Initiatives 2016 / 2017 17 Pages AT4 Quarter 2 Financial Report - December 2016 13 Pages Page 108 Ordinary Meeting - 15 February 2017 I.3 Bass Coast Shire Council Quarter 2 Efficiency Report 2016/2017 File No: Department: Council Plan Strategic Objective: CM17/12 Healthy Communities and Governance Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery. Declaration The author has no direct or indirect interests in relation to this report. Summary The purpose of this report is for Council to note the efficiencies that the organisation has found during the second quarter of 2016/2017. These efficiencies have been organised into three categories which include: Service Reviews Organisation Design Continuous Improvement Officers continue to look for opportunities to review the way we provide services to ensure that they remain relevant and are as efficient as possible. Any savings identified within the 2016/17 financial year will allow greater investment in Capital Works or a reduction in any need for rate increases in future years. Background The Council Plan articulates the Council’s vision for the future of Bass Coast and outlines strategies to be used by Council in fulfilling the vision. The Chief Executive Officer is responsible for the delivery of services and initiatives that align to the achievement of the Council Plan (Plan). Staff resources are aligned to ensure that the structure allows for efficient delivery of services and key initiatives identified within the Plan. Management continually reassess the structure of the organisation to ensure resources are best allocated to achieve good outcomes for our community. Council has also committed to a culture of continuous improvement and review of processes and practices to ensure the way we deliver services is efficient, relevant and meets the needs of our community. Council has also committed to a series of Service Reviews which include the review of six services per year. The purpose of the service reviews: is designed to find operational efficiencies and innovations to deliver services to the community in accordance with the Council Plan and Long Term Financial Plan. Page 109 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council is our commitment to continuous improvement in what we do. in general, service reviews are designed to determine the level of service we will provide and the most appropriate strategic business model to provide that service. Each of these initiatives provides Council with opportunities to identify savings and improvements. Strategic Basis The Council Plan 2013-2017 contains a number of principles and key strategic objectives. The efficiencies identified in this report align to the provision of services outlined in this Plan. The objectives in the Council Plan include: Natural Environment Sustainable Development and Growth Healthy Communities Effective Governance Economic Development The relevant principles within the Council Plan, which are to guide all Council decisions and actions include: The social, environmental and economic priorities of the Shire benefit both current and future generations The intrinsic value of biodiversity and the protection of the natural eco systems will be recognised Equity in the distribution of resources across the Shire Transparent evidence-based and inclusive decision making The provision and use of energy and resources will be promoted in an efficient and sustainable way Finances All of the major efficiencies identified during 2016/17 will be considered in the preparation of the 2017/2018 Budget and will be transferred to future Capital Works or to the reduction in any need for rate increases in future years. All efficiencies will be in accordance with the Council resolution from the Ordinary Meeting of Council dated 22 April 2015: That future rate increases proposed in the long-term financial plan be reviewed when considering options for the application of savings achieved as a result of service reviews. Stakeholders Council, Council staff, ratepayers, residents and visitors are all affected by the delivery of efficiencies across Council. Page 110 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Statutory Requirements/Codes/Standards/Policies The Local Government Act 1989 states that the primary objective of Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions. Officer’s Conclusion and Recommendation The efficiencies and savings that have been identified in the second quarter for 2016/2017 are detailed in the attachment (AT-1), they include: Service Reviews Service Efficiency Realised Health Services – Premises Registrations Fees are up $20,000 Reduction in Workcover Premium from reducing a work site at Wonthaggi Visitor Information Centre $1,300 Organisation Design Department Reduction of Effective Full Time (EFT) Staff Nil Continuous Improvement Activity or Process Savings in annual software licence costs as a result of immediate implementation of the Core System – Technology One Annual infrastructure costs associated with hosting a server network on premise (savings will not be completely realised until all software is externally hosted) Initial Data Recovery annual savings as a result of implementation of Core System – Technology One $ Savings or Hours Saved $76,000 $300,000 $12,000 Page 111 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Recommendation That the 2016/2017 Quarter 2 Efficiency Report be received. Attachments AT-1 2016/2017 Q2 Efficiency Report 3 Pages Page 112 Ordinary Meeting - 15 February 2017 I.4 Bass Coast Shire Council Contracts Awarded Report File No: Department: Council Plan Strategic Objective: CM17/17 Finance and Organisation Development Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery. Declaration The author has no direct or indirect interests in relation to this report. Summary For the period from 1 October 2016 to 31 December 2016, the following contracts have been awarded under the Chief Executive Officer’s Instrument of Delegation. Contract No. Description Contractor Contract Sum Including GST 16036 Cassinia Street Wetland & Ayr Creek Rehabilitation Works EcoProjects Australia $225,818.56 16051 2016/2017 Building Renewal Program – Package 1 Phillip Island Area TS Constructions Pty Ltd $607,255.00 16053 Building Valuation and Condition Assessment APV Valuers & Asset Management $133,903.00 For the period from 1 October 2016 to 31 December 2016, no contracts have been awarded by Council Decision. Recommendation That the Contracts Awarded Report be received. Attachments AT-1 16036 Contracts Register 1 Page AT-2 16051 Contracts Register 2 Pages AT-3 16053 Contracts Register 1 Page Page 113 Ordinary Meeting - 15 February 2017 I.5 Bass Coast Shire Council Assembly of Councillors Report File No: Department: Council Plan Strategic Objective: CM17/27 Healthy Communities and Governance Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery. Declaration The reporting officer has no direct or indirect interest in this matter Summary Section 80A of the Local Government Act 1989 (the Act) requires all assembly of Councillors records to be reported on at the next practicable ordinary meeting of Council and to be recorded in the minutes of that meeting. This report intends to fulfil the requirements of the legislation. Introduction Section 76AA of the Act defines an Assembly of Councillors as ‘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 which considers matters that are intended or likely to bea. the subject of a decision of the Council; or b. subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committeebut does not include a meeting of the Council, a special committee of the Council, an audit committee established under section139, a club, association, peak body, political party or other organisation.’ Section 80A requires a written record to be kept of all such assemblies, stating the names of all Councillors and Council staff attending, the matters considered and any conflict of interest disclosures made by a Councillor. These records must be reported, as soon as practicable, at an ordinary meeting of the Council and recorded in the minutes. Below is a summary of all assembly of Councillors records since the last Ordinary meeting of Council. Page 114 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Date Assembly of Councillors Councillors in attendance 30 November 2016 Policy Workshop Cr Rothfield, Cr Tessari, Cr Brown, Cr Larke, Cr Fullarton, Cr Whelan, Cr Ellis, Cr Kent, Cr Le Serve 7 December 2016 Policy Workshop Cr Rothfield, Cr Tessari, Cr Brown, Cr Larke, Cr Fullarton, Cr Ellis, Cr Kent, Cr Le Serve 7 December 2016 Community Engagement Session Cr Rothfield, Cr Tessari, Cr Brown, Cr Larke, Cr Fullarton, Cr Ellis, Cr Kent, Cr Le Serve 14 December 2016 Policy Workshop Cr Rothfield, Cr Tessari, Cr Brown, Cr Larke, Cr Fullarton, Cr Whelan, Cr Ellis, Cr Kent, Cr Le Serve Recommendation That the Assembly of Councillors Records be received. Attachments AT-1 AT-2 AT-3 AT-4 Councillors Workshop 30 November 2016 Policy Workshop 7 December 2016 Community Engagement Session 7 December 2016 Policy Workshop 14 December 2016 1 Page 1 Page 2 Pages 1 Page Page 115 Ordinary Meeting - 15 February 2017 I.6 Bass Coast Shire Council Planning and Building Statistics - November 2016 File No: Department: Council Plan Strategic Objective: CM16/842 Sustainable Development and Growth Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate. PERMITS REFUSED: Nil. PERMITS ISSUED: Island Ward 150395: Construction of two dwellings located at 2 Boonderabbi Way, Cowes. 160160: Buildings and works associated with a dwelling on land affected by the DDO1, LSIO and BMO; and remove 5 trees located at 66 Bruce Road, Silverleaves. 160172: Buildings and works (dwelling) on land affected by LSIO at 12 Settlement Road, Silverleaves. 160203: Multi dwelling development located at 5 Coastal Rise, Cowes. 160219: Two lot subdivision located at 12 Leslie Avenue, Cowes. 160233: Application for a liquor licence at 58 Chapel Street, Cowes. 160289: Buildings and works to extend an existing dwelling located at 21 Poulter Avenue, Rhyll. 160296: Buildings and works in association with a dwelling in the Bushfire Management Overlay located at 3 Hanna Court, Cowes. 160306: Construction of a single dwelling located at 14 Walpole Street, Cowes. Westernport Ward 160179: Two lot subdivision of land located at 245 McCraws Road, Wattle Bank. 160210: Re-subdivision of land located at 25 Turnbull-Woolamai Road, Kilcunda. 160239: Create an access to a Road Zone Category 1 located at 105-107 Phillip Island Road, Surf Beach. 160234: Vegetation removal for the purpose of road widening at 60 Corinella Road, Corinella. 160238: Two lot subdivision in accordance with an approved development located at 7 Albon Street, Corinella. 160240: Develop a dwelling located at 12 Vision Lane, Grantville. 160248: Develop and use a Dependant Person Unit on land affected by a Bushfire Management Overlay located at 1955 Dalyston-Glen Forbes Road, Glen Forbes. Page 116 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council 160251: Two lot subdivision (house lot excision) located at 441 Nyora-St Helier Road, Woodleigh. 160267: Buildings and works in association with a shed over 100 square metres in a Rural Living Zone at 10 Pennell Court, Wattle Bank. 160272: Buildings and work on land within the PCRZ (construction of water main pipe) located on Crown Land and Public Purposes Reserve, River Frontage, Bass (CA 18 Sec 28 Parish of Woolamai). 160276: Buildings and works – extension to existing warehouse buildings, reconfiguration of access and car parking layout located at 28/30 Boys Home Road, Newhaven. 160283: Construction of a single dwelling in a BMO located at 54 Island View Road, The Gurdies. Bunurong Ward 150363: Vary covenant PS648346X (Variation of Restriction 1 by removal of part 2) located at 1/587 Cape Paterson Road, Cape Paterson. 160099: Use of land for industry ‘screen door manufacture and assembly) located at 55-57 McBride Avenue. Wonthaggi. 160122: Subdivide the land into two lots at 51 Billson Street, Wonthaggi. 160181: Subdivide the land into two lots and the removal of one tree located at 3 Victoria Street, Inverloch. 160189: Subdivide the land into two lots at 17 Regency Drive, North Wonthaggi. 160226: Construction of a deck and pergola on land affected by the Design and Development Overlay (DDO9) located at 45 Toorak Road, Inverloch. 160241: Two lot subdivision located at 1-11 Regency Drive, North Wonthaggi. 160252: Removal of one tree Lot 1 TP512047 Bass Highway, Inverloch. 160279: Construct a dwelling in a Bushfire Management Overlay (BMO) located at 108 Surf Beach Road, Cape Paterson. 160312: Construction of a dwelling located at 1 Overlook Drive, Inverloch. 160324: Internally illuminated advertising signage located at 1-7 Market Place, Cape Paterson. PLANNING AND BUILDING ACTIVITY REPORT FOR NOVEMBER 2016 Statutory Planning This month Last month Year to Date % of applications determined within statutory timeframe 81% 87% 80% Average Gross Days (Responsible Authority determination) 90 104 107 (new) Average Gross Days to final outcome 103 131 124 Page 117 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Number of live applications 147 183 - Number of applications received for the month 35 60 219 Number of Responsible Authority outcomes 57 40 208 Building Services This month Last month Year to Date Number of Essential Service Measure inspections 1 1 2 Number of pool audit inspections 3 6 26 Number of Report and Consent applications determined 20 23 95 Number of building permits issued 2 0 2 Siting consents issued 0 2 4 Number of building notices/orders issued 2 5 20 Number of live notices/orders 54 52 - Enforcement This month Last month Year to Date Number of new planning cases 26 0 31 Number of building cases 0 0 0 Number of live enforcement files 52 51 - Number of planning infringement notices issued 0 0 0 Number of VCAT enforcement orders issued 1 0 0 Number of Magistrates Court prosecutions 1 0 - Total fines received 0 0 1517 Recommendation That the Planning Permits issued under delegation for November 2016 be received. Page 118 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Attachments There are no attachments for this report Page 119 Ordinary Meeting - 15 February 2017 I.7 Bass Coast Shire Council Planning and Building Statistics - December 2016 File No: Department: Council Plan Strategic Objective: CM17/9 Sustainable Development and Growth Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate. PERMITS REFUSED: Nil PERMITS ISSUED: Island Ward 160068: Develop and use a second dwelling and alter access to a Road Zone, Category 1 located at “Wanawong” 511 Ventnor Road, Ventnor. 160140: Extension to existing dwelling and balcony located at 2 Salmon Row Close, Smiths Beach. 160158: Remove vegetation located at Lot A PS626843 Waterford Drive, Cowes. 160184: Use the land as a caravan park, buildings and works associated with installing seven cabins and car parking located at 4A Douglas Road, Cowes. 160200: Construct one dwelling on an allotment included in the GRZ that has a land area less than 300sqm; and vegetation removal located at 6 Ventnor Beach Road, Ventnor. 160201: Construct one dwelling on an allotment included in the GRZ that has land area measuring less than 300sqm; and remove vegetation located at 4 Ventnor Beach Road, Ventnor. 160206: Change of use to restricted recreation facility (yoga studio) at 2 Hollydene Court, Cowes. 160231: Subdivision of the land into two (2) lots, each containing an existing dwelling located at 16 Marlin Street, Smiths Beach. 160264: Construct a dwelling on land that has a land area measuring less than 300sqm in the GRZ; and vegetation removal located at 14 Ventnor Beach Road, Wimbledon Heights. 160320: Construct a rear deck, minor extension to the building and car parking waiver located at 58 Chapel Street, Cowes. 160341: Single dwelling relocation at 4 Honeysuckle Grove, Cowes. 160346: Removal of vegetation located at 20 Kenwyn Court, Cowes. Westernport Ward 150090: Use and development of the land for a funeral parlour and chapel with associated car parking area located at 3085 Loch-Wonthaggi Road, North Wonthaggi. Page 120 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council 150390: Staged multi-lot subdivision of the land at Penniwells Drive, San Remo. 160036: Buildings and works in association with proposed additions to existing dwelling at 40 Phillip Island Road, San Remo. 160115: Subdivision of the land into land into two (2) lots at 1396 Bass Highway, Grantville. 160137: Subdivision of the land into three (3) lots and remove native vegetation located at 19-23 Cuthbert Street, Corinella. 160180: Construction of a Dwelling and Shed on land affected by the Bushfire Management Overlay located at 64 Acacia Road, Grantville. 160186: Subdivision of the land into two (2) lots located at 38 Bergin Grove, San Remo. 160198: Use and development of a dwelling and ancillary buildings and works located at 4 Bellevue Court, Kilcunda. 160232: Subdivision of the land into two (2) lots located at 16 Forster Court, Wattle Bank. 160244: Buildings and works in association with an outbuilding (shed) located at 225 Bay Road, Jam Jerrup. 160285: Develop and use land with a dwelling located at CA 61B Sheepways Road, Krowera. 160322: Home occupation located at 9 Genista Street, San Remo. 160332: Buildings and works (alterations to emergency services facility) within the GRZ located at land owned by CFA, 23 Grantville-Glen Alvie Road, Grantville. 160340: Extension to a dwelling in an EMO and SLO located at 15 McDowell Road, Ryanston. Bunurong Ward 160116: Construct a dwelling and amend a building envelope located at 113-115 Viminaria Road, Harmers Haven. 160150: Use and develop a restaurant, car parking waiver, and display signage located at 25 Wilsons Road, Cape Paterson. 160156: Use and development of land as a camping and caravan park located at 80 Drowleys Road, Inverloch. 160157: Develop land with five dwellings located at 8 Dowling Street, Wonthaggi. 160221: Buildings and works in association with an extension to a dwelling over seven (7) metres in the Design and Development Overlay, schedule 1 at 55 The Esplanade, Inverloch. 160247: Display a promotional sign (Wonthaggi Power Football/Netball Club) located at 59 Graham Street, Wonthaggi. 160271: Subdivision of the land into two (2) lots located at 8 Cameron Street, Wonthaggi. Page 121 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council 160274: Construction of a pergola over an existing deck located at 29 Toorak Road, Inverloch. 160275: Use of the land for a market and food and drink premises and a reduction in car parking requirements located at 1/17 Korumburra Road, Wonthaggi. 160292: Subdivision of the land into two (2) lots located at 121 Broome Crescent, Wonthaggi. 160307: Use of the land for a licensed food and drinks premises (cellar door), and alterations and additions to the existing front shed building located at 64 Cashin Street, Inverloch. 160327: Alterations and additions to an existing dwelling (decking, balcony and carport) and garage on land affected by the Design and Development Overlay (DDO9) at 88 Surf Parade, Inverloch. 160349: Construct a single dwelling in the BMO at 3 Old Rifle Range Road, Wonthaggi. 160362: Removal of native vegetation located at Crown Land Lease 2018842, 163 Surf Parade, Inverloch (Pt CA 2B Sec 1 South of Goroke St – Parish of Kirrak [Committee of Mgt Lease 2018842 – Surf Life Saving Club]. 160368: VicSmart approved – Remove one tree Eucalyptus radiata (Narrow leaved peppermint) due to major deadwood, termite infestation and signs of recent limb failure due to white rot at 33 Florida Avenue Inverloch. 160369: VicSmart approved – Remove one tree Eucalyptus radiata (Narrow leaved peppermint) due to internal decay at 33 Florida Avenue, Inverloch. 160370: VicSmart approved – Remove one tree Eucalyptus radiata (Narrow leaved peppermint) due to termite infestation and internal decay at 33 Florida Avenue, Inverloch. PLANNING AND BUILDING ACTIVITY REPORT FOR DECEMBER 2016 Statutory Planning This month Last month Year to Date % of applications determined within statutory timeframe 73% 81% 79% Average Gross Days (Responsible Authority determination) 121 90 110 (new) Average Gross Days to final outcome 131 94 124 Number of live applications 124 147 - Number of applications received for the month 34 35 253 Number of Responsible Authority outcomes 57 51 259 Page 122 Ordinary Meeting - 15 February 2017 Building Services Bass Coast Shire Council This month Last month Year to Date Number of Essential Safety Measure inspections 1 1 3 Number of pool audit inspections 2 3 28 Number of Report and Consent applications determined 16 20 111 Number of building permits issued 1 2 4 Siting consents issued 0 0 4 Number of building notices/orders issued 1 2 21 Number of live notices/orders 51 54 - Enforcement This month Last month Year to Date Number of new planning cases 12 26 89 Number of building cases 4 4 6 Number of live enforcement files 70 51 83 Number of planning infringement notices issued 0 0 0 Number of VCAT enforcement orders issued 0 0 0 Number of Magistrates Court prosecutions 0 0 - Total fines received 0 0 1517 Recommendation That the Planning Permits issued under delegation for December 2016 be received. Attachments There are no attachments for this report. Page 123 Ordinary Meeting - 15 February 2017 I.8 Bass Coast Shire Council Place Names Committee Meeting Minutes File No: Department: Council Plan Strategic Objective: CM17/28 Healthy Communities and Governance Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery. Declaration The author has no direct or indirect interests in relation to this report. Summary Council’s Place Names Committee met on Thursday 1 December 2016. A copy of the meeting minutes are attached. (AT-1) At this meeting, the Committee considered the following issues (which are outlined in greater detail in the meeting minutes): 1. Re-naming of Wattlebird Close, Cowes to Cape Barren Close, Cowes; 2. Current status of the naming of Cape Paterson Access Tracks; 3. Re-numbering/Naming of unit complex Cashin Street Inverloch; 4. Change to Everett Street Wonthaggi; 5. Other Business. Recommendation That the minutes of the Place Names Committee meeting held on Thursday 1 December 2016 be received. Attachments AT-1 Minutes Place Names Committee December 2016 7 Pages Page 124 Ordinary Meeting - 15 February 2017 J Bass Coast Shire Council Urgent Business Page 125 Ordinary Meeting - 15 February 2017 Bass Coast Shire Council Mayoral Announcement Of Next Meeting Of Council The next Ordinary Council meeting will be held on Wednesday, 15 March 2017 in the Bass Coast Civic Centre Council Chamber, Baillieu Street East, Wonthaggi commencing at 5.00pm. The next Community Engagement Session will be held on Wednesday, 8 March 2017 in the Bass Coast Civic Centre Council Chamber, Baillieu Street East, Wonthaggi commencing at 3.00pm. Page 126
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