Horsham Rural City Council Council Meeting Order of Business€¦ · PUBLIC QUESTION TIME . NIL . Meeting Date: 2 October 2017 Page 3 . Horsham Rural City Council Council Meeting

Horsham Rural City Council Council Meeting Order of Business

MINUTES of the Ordinary Meeting of the Horsham Rural City Council held in the Municipal Chambers, Civic Centre, Roberts Avenue Horsham on 2 October, 2017 at 5.30pm. PRESENT: Cr Pam Clarke, Mayor; Cr Alethea Gulvin, Cr Josh Koenig,

Cr Les Power, Cr John Robinson, Cr David Grimble, Cr Mark Radford.

ALSO IN ATTENDANCE: John Martin, Acting Chief Executive; Angela Murphy, Director

Planning & Economic; Mandi Stewart, Acting Director Community Services; Fiona Kelly, Executive Assistant.

1. Reading of prayer and the acknowledgement of country statement The Prayer and Acknowledge of Country Statement were read by the Chairman, Cr P Clarke. 2. Welcome to distinguished guests or persons in the public gallery Chairman, Cr Clarke welcomed those in attendance to the Council Meeting. Cr Clarke congratulated Cr Alethea Gulvin (formerly Cr Sedgman) on her recent marriage. Cheryl Linke David Bowe Lauren Coman Bill Bell Robert Letts Bev Bell Jan Bell Jessica Grimble, WMT Daina Oliver, WMT 3. Apologies and request for Leave of Absence Apologies for today’s Council meeting were received from: Peter Brown, Chief Executive Graeme Harrison, Director Corporate Services Kevin O’Brien, Director Community Services Martin Duke, Acting Director Technical Services 4. Confirmation of minutes and signing thereof Moved Cr Radford, seconded Cr Koenig that the Minutes emanating from the Ordinary Meeting of the Horsham Rural City Council held in the Municipal Chambers, Civic Centre, Horsham at 5.30pm on 18 September, 2017 be adopted.

CARRIED

Meeting Date: 2 October 2017 Page 1


5. Disclosure of Conflict of Interest Sec 79, Local Government Act, 1989 (As

Amended) NIL


Horsham Rural City Council Council Meeting Public Question Time

6. PUBLIC QUESTION TIME NIL


Horsham Rural City Council Council Meeting Other Business

7. OTHER BUSINESS

7.1 RESUMPTION OF DEBATE ON THE MOTIONS FROM PREVIOUS MEETING NIL

7.2 RECEPTION AND READING OF PETITIONS, MEMORIALS, JOINT LETTERS AND

DEPUTATIONS NIL

7.3 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN NIL

7.4 COUNCILLORS QUESTIONS WITH NOTICE NIL

7.5 ORDERS OF THE DAY NIL


Horsham Rural City Council Council Meeting Other Reports

8. OTHER REPORTS

8.1 ASSEMBLY OF COUNCILLORS – RECORD OF MEETINGS Council briefing meeting held on Monday 25 September, 2017 at 5.00pm in the Reception Room.

Refer to Appendix “8.1A”.

8.2 SEALING OF DOCUMENTS Documents Signed and Sealed by Council under Delegation

Section 173 Agreement between Horsham Rural City Council and David Carl Jochinke and Murra Warra Asset Co Pty Ltd – Murra Warra Wind Farm.

Section 173 Agreement between Horsham Rural City Council and Graham Lyal Hedt and Lyal Geoffrey Hedt – Murra Warra Wind Farm.

Recommendation

That -

1. Council note the Assembly of Councillors’ – Record of Meetings.

2. Council note the documents signed and sealed under delegation.

Moved Cr Radford, Seconded Cr Gulvin that the recommendation be adopted.

CARRIED

8.3 INWARD CORRESPONDENCE NIL


Horsham Rural City Council Council Meeting Other Reports

8.4 COUNCIL COMMITTEE MINUTES 8.4.1 Waste Strategy Steering Committee Meeting held on Tuesday, 19

September, 2017 at 4.00pm in the Council Reception Room. Moved Cr Grimble, Seconded Cr Radford that Item No. 8.4.1 be received.

CARRIED 8.4.2 Horsham Tidy Towns Committee Meeting held on Tuesday, 19 September,

2017 at 12.30pm in the Council Middle Meeting Room. Moved Cr Power, Seconded Cr Radford that Item No. 8.4.2 be received.

CARRIED Refer to Appendix “8.4A” for copy of minutes.


Horsham Rural City Council Council Meeting Councillors’ Reports

9. COUNCILLORS’ REPORTS Cr Koenig No report Cr Gulvin

• 1 October - Official opening of the 2017 KTM Australasian Junior Motocross Championships along with John Martin. The Motocross Club praised Council for their effort and help. The Club have been doing an amazing job. Horsham has been very busy over the past week.

• Horsham has a great range of venues for people visiting the area. Cr Gulvin was married a few weekends ago and their guests were impressed with what we have to offer visitors. If we can promote ourselves with what we have that would be great. We have a lot to offer.

Cr Grimble

• 19 September - Waste Strategy meeting. • Acknowledged that Horsham was particularly busy with football traffic and

the Horsham Show. It has generated a lot of economic benefits to the town. • Cr Grimble watched the AFL Grand Final at the Punt Road Stadium with

30,000 other people. It was a live site with four large screens. People were talking about the football traffic and people coming to Melbourne and mentioned Horsham running out of pies. It was a great bit of publicity for Horsham. Horsham was busy over that weekend and economic prosperity was booming.

Cr Power

• 21 September - Horsham North Children’s Hub meeting. The building is sailing along smoothly. It will be great for our community.

• 23 September - Football grand final at Dimboola. The Blue Ribbon Spirit of Football and Netball awards were presented. The under-17 football award went to a player from Stawell, Lucky Ika. Matty Glare from Horsham Demons won the coach of the year. Veronica Taylor from Horsham Saints won the under-17 netball award. Horsham was the team of the year and Horsham and Horsham Saints shared the netball awards with coaches Jess Cannane and Shavaughn Neal. Congratulations to all those players and the Blue Ribbon Foundation.

• 27 and 28 September – Horsham was lucky to hold the statewide junior koori football and netball carnival. Under-17, 15 and 12 participants played at Coughlin Park and City Oval. It was great to see how many people came to Horsham, 800 to 1000 visitors. It was a great boost to the Horsham economy.



• 29 September – Police Remembrance Day at St Michael & John’s Catholic

Church. This was a very special day. Congratulations to Superintendent Paul Margetts and the other police members who attended.

• Sunday - Horsham Show. It is disappointing that the Show is spread out so much. This is a great event for Horsham. We have been lucky over the past two weeks with all the events held here.

Cr Robinson

• Congratulations to Cr Gulvin on her recent marriage to Chris. • The Council Briefing meeting at Sailors Home Hall wasn’t well attended. We

had a similar issue with the Council Briefing meeting at Natimuk. It is important that we get a better turn up.

Cr Clarke, Mayor

• Cr Clarke thanked the Councillors for filling in for her. • 29 September – Cr Clarke commented on how busy Horsham was with all the

Adelaide Crows supporters driving through to Melbourne. Horsham ran out of pies, bread and beer. The Mayor was phoned by the Adelaide Advertiser asking if Horsham businesses would be open on 29 September. Cr Clarke said it is a public holiday, but advised we would ensure food venues would be open. The Western Highway was bumper to bumper traffic and a lot of people stayed in Horsham. When Cr Clarke was interviewed she was asked what Horsham could provide to travellers. Horsham can provide shops, restaurants, parks, the Wimmera River and as Victorians we accept foreigners into our town.

• Cr Clarke acknowledged the passing of George Powell. He was a regular attendee at Council meetings and great contributor to the Wimmera Mail-Times Newspaper. Cr Clarke also acknowledged Angela Murphy and Deb Shipway for their quick action in welcoming the Adelaide Crows to Horsham on their drive through to Melbourne for the AFL football grand final.

• 19 September - Horsham College Visual and Performing Arts Showcase Variety Concert at the Horsham Town Hall. It was a wonderful display from the College students. The year 12 students performed a dance which was choreographed by the dancers. Congratulations to every student for their wonderful display of their talents.

• 20 September - Health and Wellbeing Plan Steering Committee meeting. • 21 September - Holy Trinity Lutheran School Concert. It is wonderful to see

the young people stand in front of a full stadium of people and perform. • 29 September - Police Remembrance Day Service. It was an emotional

service. We must remember that we need to ask if people are OK. Men think they are a lesser man if they say they need help. Men need to support men. It is OK to say we need help. Cr Clarke commended Cr Power for the work he does for the Blue Ribbon Foundation. He is still a very active member. Cr Clarke stated that the community respects the work of the Police. It was a very important place to be.



• 1 October - Opened the Horsham Agricultural Show and attended the Council

Listening Post. Went back to the Show with the family. It is good to see the evening events and watch the fireworks. Congratulations to Andrea Cross and Dalton Cross and well done on looking outside the box. They are prepared to go and try something new.

Cr Radford

• Cr Radford attended the Horsham Show. It is good family event. Well done to the organisers. This is an important event for Horsham and well supported.

• It was very busy over the weekend with traffic through Horsham. • Last week was the centenary of the Battle of Polygon Wood in Belgium. If

Councillors have an interest in any of the centenaries they can be found on the internet.

• Walked across the new pedestrian bridge. It is the classic family picture walking from Southbank over to the adventure playground. A local man talked about what parts of the bridge he worked on. We really wanted the bridge to be stable so it was re-engineered to stop the sway.

• Cr Radford acknowledged the passing of George Powell. He would sit in our Council Chamber on a regular basis and was also a prolific letter writer. He was a man who liked to rattle the cage when he had a point to make. He had a teaching background and was also a plumber. People like George are good for our community because they make you think.

Moved Cr Power, Seconded Cr Radford that the Councillors’ Reports be received.

CARRIED


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Chief Executive

10. OFFICERS REPORTS

10.1 CHIEF EXECUTIVE 10.1.1 HORSHAM CITY BOWLING CLUB – GRANT APPLICATION AND LOAN

John Martin File Ref: Purpose To seek Council’s support to underwrite a grant application on behalf of the Horsham City Bowling Club Inc, through provision of a short term interest free loan. Background The Bowling Club is seeking a State Government grant of $100,000 to install a second synthetic green at its Club. An initial synthetic green was installed in 2013, and the Club has a plan over several years to progressively replace in total three of the four greens with a synthetic surface. The fourth green would most likely become redundant. The Club is planning a contribution of $76,000 as its commitment to the project. While the Club has a strong cash flow, it does not have this level of funds in the bank at present. The requirements of the grant application are that there needs to be confirmation of the funding availability at the time of submitting the application, or that if the contribution is based on pledges by members, that the contribution be underwritten by Council. This report proposes that Council underwrite this Bowling Club contribution to enable the grant application to proceed. Issues Advice that the grant contribution needed to be confirmed was received Friday 22 September, with the submission date of the application being Wednesday 27 September. On this basis, a proposal was discussed at the Councillor briefing session on Monday 25 September that Council underwrite the Bowling Club commitment. The Bowling Club currently has a balance of $23,000 in the bank, and has significantly freed up its cash flow, as their greens keeper has recently resigned. Most of the employment cost of the greens keeper ($65,000 p.a.) is available to fund the Club’s contribution to the grant application. The synthetic surface when installed will lead to a further reduction in the cost of maintaining the playing surface, including a reduced watering cost.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Chief Executive The Club has a history of repaying similar financial commitments. The Club’s contribution to the 2013 synthetic green installation involved the Club calling for debentures from its members for its contribution of around $170,000. Members pledged varying amounts as a no-interest loan to their Club. The arrangement was that all loans to members would be repaid within five years. The request for pledges was over-subscribed and all loans were repaid within two years of the request for funds. The Club owns the land and buildings situated at 10 Park Drive, Horsham. The Director Corporate Services and Finance Manager were consulted about this proposal. Council has occasionally underwritten similar applications with loans to community groups, on the basis of a satisfactory financial outlook for the group. The assessment for the Bowling Club is that they have financial capacity to repay what would in effect be a loan to the Club. Discussion The short notice of the requirement for the Bowling Club’s contribution to be confirmed is less than ideal. This proposal was discussed at a Councillor Briefing meeting on 25 September, where in-principle support was given to underwrite the funding proposal, subject to confirmation at this Council meeting. Financial If exercised, Council’s contribution to the Horsham City Bowling Club would be via a two-year interest free loan up to the value of $76,000, confirmed by a formal agreement with the Club. The estimated cost for the project is $177,120. A Council contribution of $5,000 is proposed for the project. This is sourced from an allocation held in the Community Grants fund as seed funding for Government grants for sports and recreation projects. The total funding proposed for the project is therefore $181,000, which will leave a small contingency for the project. Links To Council Plans, Strategies, Policies From the Council Plan 2017-21, one of Council’s four year outcomes is:

1.2 Develop a safe, active and healthy community, encouraging participation. Also, that Horsham Rural City Council on an ongoing basis will:

Support sporting and community organisations to develop and upgrade community sport and recreation facilities through relevant funding programs in accordance with the Sport and Recreation Plan and other Council plans.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Chief Executive Recommendation That Council: 1. Confirm its underwriting of the Horsham City Bowling Club’s contribution to

its grant application for the installation of a second synthetic bowling green.

2. Approve an interest free loan up to the value of $76,000 to be repaid over two payments of $38,000 on 30 June 2018 and 30 June 2019 and that an appropriate formal written agreement be entered in to.

Moved Cr Radford, Seconded Cr Gulvin that the recommendation be adopted.

CARRIED


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Corporate Services

10.2 DIRECTOR OF CORPORATE SERVICES 10.2.1 LOCAL LAW NO 1 GOVERNANCE – MEETING PROCEDURE

G Harrison File Ref: F25/A03/000001 Purpose To adopt a revised Meeting Procedure as incorporated by reference in Local Law No 1 - Governance, in accordance with Section 112 (1) of the Local Government Act 1989 and to resolve to commence audio recordings for future meetings. Background On 5 September 2016 Council adopted a Meeting Procedure, applicable to Council meetings and meetings of Special Committees, that was incorporated by reference in its Local Law No.1 – Governance. In accordance with Clause 3 of Local Law No.1 – Governance, this procedure includes provisions to: • set the general standards expected in the Council’s formal meeting processes; • prescribe how motions and amendments to motions before the Council are

dealt with; • to promote and encourage community participation in the system of Local

Government by providing mechanisms for the Council to ascertain the community's views and expectations;

• identify the methods by which the community can participate in Council meetings; and

• manage the debate on matters before the Council. At the 5 September 2016 meeting Council resolved to conduct a review of the Meeting Procedure P04/143 within 6 months of the municipal elections, which was held on 22 October 2016. Council commenced this review on 23 May 2017. The process by which Council may amend this procedure is much simpler than that required to change the local law but before it comes into force the following must occur:

1. a notice of motion is to be given to Council to amend the procedure (this occurred at the 4 September 2017 Council meeting)

2. a formal notice is to be published in the Government Gazette once amendments have been adopted, as per Section 112 (2) of the Local Government Act 1989.

The ability to more easily amend these procedures will ensure the currency of provisions contained therein, and their relevance to the Council of the day.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Corporate Services Issues This report provides a summary of the changes proposed to the Meeting Procedure and the attached Appendix “10.2A” shows the detailed changes that have been made. (Minor changes such as typos or name changes such as chairman to chairperson have been excluded from the tracked changes.) The resource book NE Renton “Guide for Meetings and Organisations” and the “Good Governance Guide” put out in collaboration with Local Government Victoria, Municipal Association of Victoria, Local Government Professionals and the Victorian Local Government Association, have been used in the consideration of changes. The following is a summary of the key proposed changes: 1. Each “Part” of the procedure has had an introduction added to help explain the

purpose of that particular section of the procedure. 2. Agenda (A.3.1) the delivery of the Agenda timeline has been increased from 48

hours prior to an Ordinary Meeting to 96 hours i.e. 4 days. With a strengthening of the commitment to the public also under A.3.3.

3. Quorum (B.1.1) - the quorum was discussed but no decision was made to change the current situation that a quorum will be at least a majority of councillors i.e. currently 4.

4. Business of Meetings (Part C) – some new parts have been added to help clarify some specific items on the agenda: a. Councillors’ Reports (C.3) – a new part was added to clarify the intent and

purpose for the Councillor Reports and to provide a guide for time allocation. It was also clarified in C.2.2 regarding what is to be recorded in the minutes for Councillors’ Reports.

b. Urgent Business (C.4) – to help clarify what constitutes an urgent item and the need for officers to clarify why it is urgent.

c. Confidential Matters (C.5) – this part has been added to help council in managing confidential matters and to encourage items to be in open council whenever possible.

d. Notices of Motion (C.6) – this part has been added to further clarify when a Notice of Motion should be used, and Part (E.11) has been expanded to help provide some direction as to the reasons for using a Notice of Motion.

e. Officers’ Reports (C.7) – this part has been added to explain the intent and purpose of officers’ report and to provide some general guidance.

5. Amendments (E.2) – some additional points have been added to help with the moving of amendments and to simplify amendments for non-controversial matters.

6. Foreshadowing Motions (E.3.1) – a modification has been made to this part in order to clarify that Foreshadowing a Motion is to be used when making a motion dealing with the same subject matter.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Corporate Services 7. Time Limits for Debate (E.7) – the current time limits were discussed and the

current speaking times were considered acceptable. However, the Mayor has stated that it is the intention to more closely adhere to these time limits in the future.

8. Community Participation (Part F) – Public Question time has been reviewed with the following changes: a. Standing orders will be suspended for question time to allow for more

informal discussion to take place b. The cut-off time for submitting questions has been extended from 5pm

Thursday to 5pm on the Friday proceeding an ordinary council meeting c. A person may now choose to read their own question d. The number and time for questions was discussed but still remains at 2

written questions plus 2 related supplementary questions at the meeting e. The requirement was added for the Chief Executive to also provide a written

response within 5 working days of the council meeting The Local Law No.1 – Governance, Meeting Procedure Part C.2.3 allows for audio and visual recording of meetings should Council resolve to do so. Council has discussed this matter and wishes to commence with the audio recording of future council meetings to maintain a fuller publicly accessible record and to stream these live to the community when technology has been put in place to allow that to happen. Consultation/Communication There is no formal requirement for consultation under Section 223 of the Local Government Act. Consultation was undertaken in 2016 with respect to the original meeting procedure and two submissions were received. These submissions dealt with making question time and the agenda more accessible. The current revisions have in part addressed some of these concerns. Further community consultation is not considered necessary at this point in time particularly given the recent community engagement that was undertaken in 2016 and that most proposed changes are to enhance the procedure in terms of its alignment with accepted practise and guidance material provided by Local Government Victoria. Financial There have been no financial costs or impacts from this revision. Links To Council Plans, Strategies, Policies Goal 4 – Governance and Business Excellence 4 Year Outcome - 4.4 Achieve high standards of organisational performance


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Corporate Services Human Rights The Local Law and Meeting Procedure have been reviewed against the Charter of Human Rights. Recommendation 1. That Council adopt the revised Local Law No.1 – Governance, Meeting Procedure

as shown in Appendix “10.2A”, but with tracked changes removed. 2. That a notice be placed in the next possible Government Gazette notifying of the

revision, and once published the revised Meeting Procedure will come in to effect.

3. That Council commence the audio recording of meetings effective 2 October

2017. 4. That future meetings be streamed live via the internet, once suitable

technologies have been established to facilitate that occurring. Moved Cr Robinson, Seconded Cr Radford that the report be received.

CARRIED Moved Cr Radford, Seconded Cr Robinson that this item “lay on the table”.

CARRIED 10.2.2 AUDIT COMMITTEE MEETING UPDATE AND INDEPENDENT MEMBER

APPOINTMENT D McDonald File Ref: F18/A13/000001

Purpose To report outcomes of the Audit Committee meeting of 14 September 2017, and to authorise the appointment of a new Independent Member for Council’s Audit Committee. Background The Audit Committee is an advisory committee of Council, whose objective is to provide appropriate advice and recommendations to Council on matters as listed in its Charter, in order to facilitate decision making by Council in relation to the discharge of its accountability requirements. The committee comprises three independent members and two Councillors. Meeting Date: 2 October 2017 Page 16

Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Corporate Services A copy of the minutes from the recent meeting of 14 September 2017, is attached as Appendix “10.2B”. Topics covered in the meeting were: • Annual Financial Accounts & Performance Statement • Replacement Independent Committee Member appointment • Governance Matters: Protecting Integrity • Depot Operations Final Report • Employment Practices Final Report • ESM Audit Actions Update • Financial Report (June 2017) • Compliance Database • MAV WorkCover • Strategic Risk Register Report & Report by Risk Owner • Insurance claims overview • Independent Members Returns • A range of compliance matters Issues In line with Council’s Audit Committee Charter, Council will appoint as members of the committee, three independent members, who will be appointed for a period of three years on a rotational basis. A vacancy was advertised in the Wimmera Mail-Times for the position that expired in early 2017 following the resignation of Mrs Pina Wallis. Mr Vito Giudice has applied for the position. Mr Giudice has extensive experience in the areas of Business Management, Risk Management, Internal Audit and Finance and attended the 14 September 2017 meeting as an observer. Links To Council Plans, Strategies, Policies Council Plan Goal 4 – Governance and Business Excellence Four-year outcomes – 4.2 Manage risk to the organisation and 4.4 Achieve high standards of organisational performance Recommendation That Council appoint Mr Vito Giudice as the new independent member of Council’s Audit Committee, commencing at the December 2017 meeting for a period of three years to the September 2020 meeting. Moved Cr Robinson, Seconded Cr Radford that the recommendation be adopted.

CARRIED


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Corporate Services 10.2.3 LOCAL GOVERNMENT PERFORMANCE REPORTING FRAMEWORK

G Harrison/L Haigh File Ref: F14/A09/000001 Purpose To communicate the 2016-17 results for the Local Government Performance Reporting Framework (LGPRF). Background The LGPRF was developed in response to the Victorian Auditor-General’s observations that performance reporting in local government had limited relevance to ratepayers because it lacked information about the quality of Council services, the outcomes being achieved and how these related to Council’s strategic objectives. The LGPRF provides a set of comparative performance measures, and requires councils to report against these as part of the Annual Report and in doing so: I. Council will have information to support strategic decision making and

continuous improvement within Council. II. Communities will have information about Council performance and productivity. III. Regulators will have information to monitor compliance with relevant reporting

requirements. IV. State and federal governments will be better informed to make decisions that

ensure an effective, efficient and sustainable local government. Essentially, it has been designed to increase transparency and accountability to the community and other levels of government on the spending of public money and delivery services and infrastructure to the community. The key drivers in establishing the LGPRF framework are: • Strengthen accountability – a consistent set of indicators have been introduced

to enable benchmarking of Council performance. • Transparency – the requirement for Councils to identify and report “key strategic

activities” has been replaced by reporting achievement of “major initiatives”. • Improved resource planning – a consistent process will be introduced for future

capital works planning. • Streamlined financial reporting – Council is now required to prepare financial

statements instead of standard statements. • Better accessibility – Council is now required to publish key accountability

documents on a website. The LGPRF framework was developed over a number of years with the first year of reporting occurring in 2014-15. All measures and related commentary are reported through the “Know Your Council” website.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Corporate Services For 2016-17, the LGPRF contains 42 service performance indicators across 9 broad service areas: 1. Aquatic Facilities 2. Animal Management 3. Food Safety 4. Governance 5. Libraries 6. Maternal and Child Health 7. Roads 8. Statutory Planning 9. Waste Collection Reporting for Home and Community Care (HACC) ceased on 1 July 2016, due to the introduction of the National Disability Insurance Scheme (NDIS) and Commonwealth Home Support Program (CHSP). Council is required to produce a “Report of Operations” which is included in Council’s Annual Report and contains all 42 service performance indicators. 12 of the performance indicators are required to be audited and included in the “Performance Statement” which is part of Council’s financial reporting. For 2016-17 there are now three years of data available and explanations are provided where there are material variations between the three years (> 10%). Appendix “10.2C”. Another component of the Report of Operations is the Governance and Management Checklist, which seeks to define measures that identify whether Council has strong and appropriate governance and management frameworks in place for community engagement, planning, monitoring, reporting and decision-making etc. Appendix “10.2D”. Council has completed the reporting requirements for the 2016-17 financial year and the relevant documents have been lodged with Local Government Victoria (LGV) and the Auditors. Once they have been fully agreed by LGV they will be placed on the “Know Your Council” website. Issues A summary of some of the highlights is as follows (the reference number provided is the line item on Appendix “10.2C”): • The amount of animals reclaimed has increased from 38% to 55.8% or an

increase of 46% due to new reporting practices in place together with greater enforcement re unregistered animals. (Ref AM2)


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Corporate Services • Time taken to action food complaints has dropped from 5 days to 3 days

therefore a decrease of 40%, however, food safety assessments completed has dropped by 16.74% from 93% to 77%. The 2016 figure was higher due to additional staff resources available in that year. (Ref FS1 & FS2)

• Council decisions made in closed meetings have decreased over the past two consecutive years, from 16% in 2014-15 to 8% in 2016-17 a drop of 50%. This has largely been a result of matters concerning Council property (section 89 2 (g) of the Local Government Act and in relation to the Horsham Town Hall project and the Children’s Hub project). (Ref G1)

• Participation in Maternal Child and Health services has increased from 2015-16 for both total children numbers and for aboriginal children. However, this increase has returned the participation rates back to a similar figure as was achieved in 2014-15. (Ref MC4 & MC5)

• Sealed local road requests were up by 50% from 2015-16 and almost double that

of 2014-15. Heavy rainfall and flooding contributed to the increase in this current year. (Ref R1)

• The cost of Statutory Planning services which has increased by 11.89% from

$2,195 to $2,456. This in part is a reflection of the decreased number of applications (6.2% reduction) plus the cost of the Iluka Victorian Civil and Administrative Tribunal (VCAT) matter. (Ref SP4)

• Kerbside collection bins missed has reduced from 0.95 to 0.60 (units)or 36%

fewer bins being missed. This data collection process was accurately set up in 2015-16 and has raised resulted in a focus on this and a resultant improvement in service. (Ref WC2)

• The cost of Recycling Services has decreased by 27.82% from $50.86 to $36.71 as

a result of the new contract service entered into in 2016-17. (Ref WC5) Consultation/Communication This data will be included in Council’s Annual report and placed on the “Know Your Council” website where detailed comparisons can be made between our council and other councils across the state. Financial Costs are limited to the time taken for staff to collect and collate the information which is done throughout the year.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Corporate Services Links To Council Plans, Strategies, Policies Goal 4 – Governance and Business Excellence. Risk Considerations The reporting of these measures and the ability for the community and other tiers of government to make comparisons may result in some impacts to Council in terms of future funding which could be either negative or positive. Provided for information of Council. Moved Cr Radford, Seconded Cr Power that the report be received.

CARRIED 10.2.4 REVIEW OF DELEGATED POWERS

G Harrison File Ref: F19/A02/000001 Purpose Under Section 98(6) of the Local Government Act 1989 (the Act), Council must review all delegations which are in force within 12 months of a general election. Background Powers to Council are granted through Part 1A of the Act which defines the charter for Local Governments. This states the purpose of Local Government, its objectives, role, functions and powers. Under Section 3F councils’ powers are defined and are essentially very wide in nature. Section 3F (1) states “Subject to any limitations or restrictions imposed by or under this Act, a Council has the power to do all things necessary or convenient to be done in connection with the achievement of its objectives and the performance of its functions”. Because these powers are very wide Council cannot operate by means of passing a resolution every time that it wishes to act. So for day to day operations Council needs others to make decisions and act on its behalf. Under Section 98 (1) a Council may by instrument of delegation delegate to members of its staff any power, duty or function of a Council under the Act “or under any other Act”. Other Acts, however, may also have provisions relating to delegation also. If there is any conflict in delegation or authorisation between Acts then those relevant to the more Specific Acts will prevail over the General Acts. Meeting Date: 2 October 2017 Page 21

Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Corporate Services Council cannot, however, delegate the following: • the power of delegation, • the power to declare a rate or charge, • the power to borrow money, • the power to approve expenditure not contained in a budget approved by

Council, • the power, duty or function of the Council under Section 223 of the Act • any prescribed power Any delegation made under Section 98(1) to a member of staff or to the Chief Executive Officer (CEO) must be made by a resolution of Council. Under Section 98(2) & (3) of the Act, the CEO is specifically given the power to delegate to any member of the Council staff any power, duty or function of their office other than the power of delegation. Delegations made by the CEO to members of staff do not however need to be made via a resolution of Council. They do, however, need to be maintained in a register. Under Section 98(5) delegations may be made to individual persons or to the holder of an office or position. Council has always taken the approach to delegate to the position wherever possible rather than the individual staff member. Some Acts contain specific powers of delegation to persons other than the CEO. In these cases there is a presumption that a power of delegation cannot be sub-delegated in the absence of express authority to do so, hence Council must delegate these items direct to individual staff members. Section 98 (6) of the Act requires Council to review delegations within 12 months of a general election. But regardless of this statutory requirement delegations should be made carefully and reviewed regularly to ensure: • Decision-makers are clearly identified • Accountability and responsibility is clearly identified • Conditions, limitations and guidelines are well documented • Precision in the making of decisions that will be defendable under legal scrutiny Council has taken the approach to subscribe to the Maddocks Lawyers delegation service which provides regular six monthly updates to all relevant legislation and amendments as they come in to force. Under the Building Act 1993, Municipal Building Surveyors (MBS) may also delegate their powers to other officers. This is therefore not a delegation by Council but by the MBS to staff and is signed-off by the MBS.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Corporate Services Council may also delegate powers to Special Committees established under Section 86 of the Act or Section 188 of the Planning and Environment Act 1987. Each committee must have an Instrument of Delegation that clearly articulates the nature of the delegation, and any conditions or limitations under which the delegation is to be exercised. In summary there are five delegation types: A. Delegations of Council:

1. Council to CEO 2. Council to Staff 3. Council to Special Committees

B. Delegation by Others: 4. CEO to staff* 5. Municipal Building Surveyor to Staff

* the CEO to staff delegation also includes a section on Miscellaneous and Administrative powers which are best described as operational in nature and do not arise out of specific legislation. Issues A. DELEGATIONS BY COUNCIL 1. Council to CEO: The Delegation to the CEO essentially delegates from Council to

the CEO all powers, duties or functions (other than those, listed previously, which Council isn’t able to delegate). Appendix “10.2E”. The CEO then in turn can sub-delegate as required to staff. This power does carry potential for loss of control, however the advantage for Council in taking this approach is that it then does not need to concern itself with many of the details of Council administration, allowing the CEO to issue and revoke instruments of delegation at regular intervals without the need to resubmit the issue to Council.

Within the CEO delegation are some general conditions and limitations that have been recommended by Maddocks Lawyers. These have been determined using powers conferred by the Interpretation of Legislation Act 1984. One of these limitations is the maximum dollar value for the awarding of contracts. This dollar value tends to vary considerably between Councils and in some cases, like in the Act, a distinction is made between contracts for goods and services and contracts for works. Comparative figures have been sought from a number of councils and these are listed below as well as Council’s current figure:



Council Conditions Maximum Value

Bendigo All contracts, but with different reporting requirements depending upon type

$1,500,000

Ballarat All contracts $250,000 Geelong All contracts if taking the lowest tender $2,000,000 If choose not to take the lowest tender $1,000,000 Shepparton All contracts $400,000 Wangaratta All contracts $500,000 Wodonga All contracts $200,000 Northern Grampians

For Goods and Services For Works

$150,000 $200,000

Council currently adopts the values as specified in the Act, $150,000 for Goods and Services and $200,000 for works, however, these have not been revised for many years and will most likely be revised when the new Local Government Act comes in to place later in 2018. In the meantime, in order to streamline decision making and allow efficiencies within our processes, it is proposed after considering other council delegations, to lift the value to $250,000 for all contracts and to not make a distinction between services and works.

2. Council to Staff: There are a range of delegations that can only be granted from

Council direct to Council Staff and they cannot be made by the CEO. Included in the current list of delegations from Council to staff are the following changes from the most recent Maddocks update:

a. Changes to the Planning & Environment Act 1987 due to the commencement

of the Victorian Planning Authority Act (VPA Act) which came in to force 1 July 2017. These changes have called in to question whether a council can now sub-delegate powers through the CEO rather than direct from Council, however Maddocks have suggested that councils should not make any changes and continue to delegate direct from Council to Staff for these powers. (Sections 46AS(ac), 201UAB(1), 201UAB(2) and 224(8))

b. Changes to the Food Act 1984 (Section 19 (3)) The proposed delegations, including above amendments are shown in Appendix “10.2F”.

3. Council to Special Committees: Council has over recent years reduced the

number of Section 86 Special Committees from 30 down to 3. Each of the 3 remaining committees have or will have their instruments of delegation reviewed through a separate process over recent and coming weeks.



B. DELEGATIONS BY OTHERS

1. CEO to Staff: Council may wish to direct its Chief Executive to report to it on any

use made of the power of sub-delegation. These proposed CEO Sub-delegations will be approved by the Chief Executive once Council has approved the revised delegation to the CEO. These sub-delegations will be provided to Council for information at a later date. There were a significant number of pieces of legislation that have been update in the recent Maddock’s updates:

a) Aboriginal Heritage Act 2006 b) Urban Renewal Authority Victorian Amendment (Development Victoria) Act

2017 c) Building Amendment (Enforcement and Other Measures) Act 2017 d) Child Wellbeing and Safety Act 2005 e) Children, Youth and Families regulations 2017 f) Children Youth & Families Act 2005 g) Climate Change Act 2017 h) Domestic Buildings Contracts Act 1995 i) Education and Care Services National Law Amendment Act 2017 j) Freedom of Information Act 1982 k) Freedom of Information Amendment (Office of the Victorian Information

Commissioner) Act 2017 l) Health Records Act 2001 m) Heritage Act 2017 n) Privacy and Data Protection Act 2014 o) Family Violence Protection Amendment Act 2017 p) Public Health and Wellbeing Act 2008 q) Rooming House Operators Act 2016 r) Victorian Planning Authority Act 2017 s) Building Regulations 2006 t) Occupational Health and Safety Regulations 2017 u) Road Safety Road Rules 2017 v) Victorian Energy Efficiency target (Project Based Activities) Regulations 2017 w) Infringements Act 2006 x) Livestock Disease Control Act 1994 y) Local Government (Planning and Reporting) Regulations 2014

2. Municipal Building Surveyor delegations to Staff: The last of the delegations

documents is that from the Municipal Building Surveyor to Staff and like the CEO sub-delegations to staff these will be updated following the recent Maddock’s updates. There have been some significant changes in this area arising from the following legislative amendments, some of these changes come in to force 1 July 2017 whilst a majority will not come in to force until 1 July 2018 so will be the subject of a future update. Special provisions were also introduced effective from 16 August 2017 and these have also been picked up:



a. Building Amendment (Enforcement and Other Measures) Act 2017 b. Building Interim Regulations 2017 c. Building Act 1993 d. Domestic Building Contracts Act 1995

C. OTHER GENERAL INFORMATION

1. Guidelines for Staff: Council has developed an extensive set of guidelines for

use by officers in understanding the powers they have been granted through delegation. These guidelines provide a broad range of advice to officers and also specifically provide assistance to officers in deciding when an exercising of delegation should be reported to Council.

2. Authorised Officers: The issue of a delegation is separate from that of authorisation. The decision of a delegate of Council is “deemed” to be a decision of Council, whereas the decision by a person who is an authorised officer is not. Authorisations and appointments involve a council authorising or appointing a person to a particular statutory position. Once a person is authorised or appointed by Council that person has the powers of that statutory position, as distinct from being delegated the powers by Council. The Municipal Building Surveyor, the Municipal Fire Prevention Officer and the Authorised Officers under the Planning and Environment Act are all authorised positions by Council to a person. Other Authorised Officers are appointed by the Chief Executive. All current authorisations are shown in Appendix “10.2G”.

3. CEO Specific Powers: Additional to the delegated powers there are also a number of specific powers, duties and functions, which are vested in the Chief Executive Officer.

Consultation/Communication The attached delegations have been updated through a consultative process with Directors, Authorised Officers, the Executive Management Group and the Organisational Development Officer. Financial The financial impact of the review of delegations is limited to staff time and the cost of the Maddocks Delegation Service which has been included in the 2017-18 budget. A database has been developed in-house to manage these delegations at no additional cost.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Corporate Services Links To Council Plans, Strategies, Policies Goal 4 – Governance and Business Excellence. Risks The risk to Council of having inadequate instruments of delegation are, that actions are carried out without appropriate authority and therefore are subject to be challenged in a court of law. A contributing factor in the recent investigation into the Central Goldfields Shire and the subsequent dismissal of the councillors was that there were not current and adequate delegations in place. This is evidence of the important need to ensure that all delegations and authorisations are maintained and up to date to ensure that council officers are operating in a correct legal environment. Also the fact that a delegation has been made does not affect the Council’s powers in relation to the issue concerned. A delegate’s decision (once made) is taken to be the decision of the Council itself. The Council can therefore find itself bound by a decision which it may not itself have made. This risk is mitigated by having in place appropriate policies and guidelines under which delegation should be exercised. Recommendation 1. Delegation to Chief Executive Officer

In the exercise of the powers conferred by section 98(1) of the Local Government Act 1989 (the Act) and the other legislation referred to in the attached instrument of delegation (Appendix “10.2E”).

Horsham Rural City Council (Council) RESOLVES THAT -

a. There be delegated to the person holding the position, acting in or performing the duties of Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, subject to the conditions and limitations specified in that Instrument.

b. The instrument comes into force immediately the common seal of Council is affixed to the instrument.

c. On the coming into force of the instrument all previous delegations to the

Chief Executive Officer are revoked.

d. The duties and functions set out in the instrument must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.



e. It is noted that the instrument includes a power of delegation to members of Council staff, in accordance with section 98(3) of the Act.

2. Delegation to members of Council staff

In the exercise of the powers conferred by section 98(1) of the Local Government Act 1989 (the Act) and the other legislation referred to in the attached instrument of delegation (Appendix “10.2F”).

Horsham Rural City Council (Council) RESOLVES THAT -

1. There be delegated to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached Instrument of Delegation to members of Council staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument.

2. The instrument comes into force immediately the common seal of Council is affixed to the instrument.

3. On the coming into force of the instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) are revoked.

4. The duties and functions set out in the instrument must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

Moved Cr Radford, Seconded Cr Koenig that the recommendation be adopted. Amendment Moved Cr Robinson, Seconded …………… that S.6 Instrument of Delegation to Members of Council Staff be signed off and that S.5 Instrument of Delegation to Chief Executive Officer remain as is. The amendment LAPSED due to no seconder. The original motion then became the motion and when it was PUT it was CARRIED.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Planning and Economic

10.3 DIRECTOR OF PLANNING AND ECONOMIC 10.3.1 SUBMISSION TO THE POPULATION POLICY TASKFORCE

Angela Murphy File Ref: F07/A06/000001 Purpose To inform Council of a submission lodged with Victorian Population Policy Taskforce. Background The Victorian Leader of the Opposition the Hon Matthew Guy, MP has announced a population policy taskforce in preparation for the 2018 State Election. The taskforce believes that Victoria needs a whole of government approach to regionalise Victoria’s population growth, taking the pressure off Melbourne and its infrastructure and growing the State through an incentive based Victorian population policy. The taskforce will investigate how a future government can assist, incentivise and work with local councils, communities and local business to manage a whole of government approach. Issues Council representatives were invited to a forum on Friday 8 September hosted by Business Horsham to seek feedback on and provide input into the Victorian Population Policy Taskforce. Council’s submission is attached as Appendix “10.3A” for information. The submission highlights:

• Decentralisation of government departments, focussing on decentralising departments that have links to and strengths within regions

• Growing and sustaining the rural and regional population through infrastructure support for liveability, such as passenger rail, high speed internet and mobile coverage, Western Highway duplication and upgrades and support for provision of high quality cultural, recreation, sporting health and education facilities

• Promoting the competitive advantages of regional location for businesses through co-ordinated economic development, freight, industry and exports, grains research, transportation, education and training, information and technology, renewable energy and affordable housing.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Planning and Economic Consultation Council representatives attended the Population Taskforce Forum in Horsham on 8 September 2017. Links to Council Plans 2.2 Cultivate opportunities for the municipality to prosper and pursue possibilities for new development. Provided for information to Council. Moved Cr Robinson, Seconded Cr Koenig that the report be received.

CARRIED


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Community Services

10.4 DIRECTOR OF COMMUNITY SERVICES 10.4.1 KALKEE ROAD CHILDREN’S AND COMMUNITY HUB

K O’Brien File Ref: F08/A09/000002 Purpose To provide an update on the Kalkee Road Children’s and Community Hub Development. Background The Kalkee Road Children’s and Community Hub is a children’s facility including kindergarten, Maternal and Child Health, supported playgroup, early intervention services and visiting specialist consulting rooms. The new 1,130 square metre facility is being constructed on a green field site providing a central community hub that combines a range of education, health, care, support and community services. In September 2016 Council awarded a contract to Locks Constructions to construct the facility. Construction commenced in November 2016. A Project Control Group has been established to oversee project delivery. Issues Construction is progressing well with the build at lock-up stage apart from some minor cladding/flashing works. Wall linings have been completed, glazing completed apart from entry doors, celling works have commenced, car park kerbing is near completion, brickwork is 98% complete, with landscape works to commence shortly. Final costings in relation to charges for agencies that will use the facility have occurred. There is increased demand for floor space than what was initially expected from Horsham District Kindergarten Association (HDKA). It is expected that construction works will be completed by the end of December. Planning for the Kalkee Road access works and for a footpath linking the Children’s Hub to Albert Street are being advanced as well as public art. Consultation/Communication • Updates are provided to Council from the Kalkee Road Children’s and Community

Hub Project Control Group which meets monthly. Mayor Cr Pam Clarke and Cr Les Power are members of the Project Control Group.

• An Internal Working Group has also been established which meets monthly. Staff with responsibilities in relation to the Children’s Hub (construction and operations) attend these meetings.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Community Services • Liaison is occurring with a number of key stakeholders in relation to construction

and operations. • The Early Years Planning Committee which meets monthly is being kept up to

date with the project. • A Kalkee Road Children’s and Community Hub parents reference group has been

established. • Information sessions have been held in relation to kindergarten programs to be

delivered from the Kalkee Road Children’s and Community Hub by HDKA in 2018. • A regular newsletter has been produced and distributed (the next newsletter will

be available in October). Financial The overall cost of the project is estimated to be $4.395 million. $3.5 million has been through grants from State and Federal government. The construction contingency amount for the project is $311,805. The remaining contingency as at 26 September 2017 is $122,557. Variations in August were due to room enlargement, frames to planting screen, alternative fencing and additional cost for floor coverings. Links To Council Plans, Strategies, Policies Municipal Early Years Plan (2014-2017) One of the key outcomes of the Municipal Early Years Plan is the progressive development of three early years centres throughout Horsham over the next 10 to 15 years. Council Plan (2017-2021) 1.1.05 Complete construction of the Kalkee Road Children's and Community Hub and commence operations. Provided for information of Council. Moved Cr Radford, Seconded Cr Koenig that the report be received.

CARRIED


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Community Services 10.4.2 KALKEE ROAD CHILDREN’S AND COMMUNITY HUB

K O’Brien File Ref: F08/A09/000002 Recommendation That Council refer this item to the confidential briefing part of the meeting to consider the report from the Director Community Services in accordance with Section 89(2) (d) contractual matters of the Local Government Act, 1989. Moved Cr Radford, Seconded Cr Gulvin that the recommendation be adopted.

CARRIED


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Technical Services

10.5 DIRECTOR OF TECHNICAL SERVICES 10.5.1 CONTRACT 18/002 - TRANSFER STATIONS OPERATIONS

John Martin File Ref: F13/A02 Recommendation That Council refer this item to the confidential briefing part of the meeting to consider the report from the Director Technical Services in accordance with Section 89(2) (d) of the Local Government Act, 1989, as the report refers to contractual matters. Moved Cr Gulvin, Seconded Cr Koenig that the recommendation be adopted.

CARRIED 10.5.2 CONTRACT 17/034 – ANNUAL SUPPLY OF QUARRY AND ROAD MAKING

MATERIALS John Martin File Ref: F13/A02

Recommendation That Council refer this item to the confidential briefing part of the meeting to consider the report from the Director Technical Services in accordance with Section 89(2) (d) of the Local Government Act, 1989, as the report refers to contractual matters. Moved Cr Gulvin, Seconded Cr Radford that the recommendation be adopted.

CARRIED


Horsham Rural City Council Council Meeting Urgent Business

11. URGENT BUSINESS NIL



Moved Cr Robinson, Seconded Cr Grimble that the Council Meeting close to consider item number 10.4.2 of the Director Community Services Report and Item number 10.5.1 & 10.5.2 of the Director Technical Services Report deemed to be of a Confidential nature in accordance with Section 89(2) of the Local Government Act, 1989.

CARRIED

The time being 6.48pm the Council meeting closed.

Moved Cr Robinson, Seconded Cr Power that the Council meeting open.

CARRIED

The Council Chamber doors were opened at 7.03pm.

Moved Cr Radford, Seconded Cr Gulvin that the recommendations in the closed Council meeting be adopted.

CARRIED

The meeting closed at 7.03pm.

____________________________ The Mayor, Cr P Clarke

Chairperson
