AGENDA of the MEETING OF THE MURRINDINDI BUSHFIRE RECONSTRUCTION by DaronMackey

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									              AGENDA

               of the

           MEETING OF THE
MURRINDINDI BUSHFIRE RECONSTRUCTION
      AND RECOVERY COMMITTEE

            to be held on

     WEDNESDAY 19 AUGUST 2009

               in the

    ALEXANDRA COUNCIL CHAMBER

           commencing at

              11.00 am
Murrindindi Bushfire Reconstruction
and Recovery Committee Agenda                                        -1-                                                   19 August 2009




                                                                   INDEX




1.      PRAYER ............................................................................................................................. 2
2.      PRESENT ........................................................................................................................... 2
3.      CONFIRMATION OF MINUTES......................................................................................... 2
4.      DECLARATIONS OF INTEREST....................................................................................... 2
5.      OPEN FORUM.................................................................................................................... 2
6.      PETITIONS ......................................................................................................................... 2
7.      COMMUNITY RECOVERY COMMITTEES REPORTS ..................................................... 2
7.1     Marysville Triangle .............................................................................................................. 2
7.2     Kinglake Ranges................................................................................................................. 2
7.3     Flowerdale .......................................................................................................................... 2
7.4     Strath Creek........................................................................................................................ 2
7.5     Melba (Glenburn, Murrindindi, Limestone).......................................................................... 2
7.6     Toolangi .............................................................................................................................. 2
8.      EXTERNAL INC GOVERNMENT AGENCIES REPORTS ................................................ 2
8.1     Victorian Bushfire Reconstruction and Recovery Authority (VBRRA)................................. 2
8.2     Department of Human Services (DHS)............................................................................... 2
8.3     Department of Planning and Community Development (DPCD) ........................................ 2
9.      PROJECT CONTROL GROUP REPORTS........................................................................ 3
9.1     East..................................................................................................................................... 3
9.2     West.................................................................................................................................... 3
10.     MURRINDINDI SHIRE COUNCIL ...................................................................................... 3
10.1    Bushfire Recovery Amendment Package ........................................................................... 3
10.2    Kinglake Ranges Rebuilding Advisory Centre .................................................................... 6
10.3    Terms of Reference for Community Recovery Committees ............................................... 7
10.4    Roles of Community Recovery Officers .............................................................................. 9
11.     MURRINDINDI BUSHFIRE RECOVERY COMMITTEE..................................................... 9
11.1 Meeting Dates..................................................................................................................... 9
12.     URGENT BUSINESS ....................................................................................................... 10
13.     CONSIDERATION OF OPEN FORUM / ISSUES FROM PREVIOUS MEETINGS ......... 10
14.     NOTICE OF MOTIONS..................................................................................................... 10
15.     CONFIDENTIAL ITEMS ................................................................................................... 10
16.     NEXT MEETING ............................................................................................................... 10
Murrindindi Bushfire Reconstruction
and Recovery Committee Agenda                -2-                               19 August 2009


1.            PRAYER


2.            PRESENT

              APOLOGIES

              Craig Lapsely (Department of Human Services)

3.            CONFIRMATION OF MINUTES

              Minutes of the Ordinary meeting of the Murrindindi Bushfire Reconstruction &
              Recovery Committee held 8 July 2009
              Minutes of the Special meeting of the Murrindindi Bushfire Reconstruction &
              Recovery Committee held 29 July 2009


4.            DECLARATIONS OF INTEREST

5.            OPEN FORUM

6.            PETITIONS

7.            COMMUNITY RECOVERY COMMITTEES REPORTS

7.1           MARYSVILLE TRIANGLE

The chair of the Marysville Community Recovery Committee (CRC), Tony Thompson, will make
a presentation to the Committee. The report will be tabled at the meeting.

7.2           KINGLAKE RANGES

7.3           FLOWERDALE

7.4           STRATH CREEK

7.5           MELBA (GLENBURN, MURRINDINDI, LIMESTONE)

7.6           TOOLANGI


8.            EXTERNAL INC GOVERNMENT AGENCIES REPORTS

8.1           VICTORIAN BUSHFIRE RECONSTRUCTION AND RECOVERY AUTHORITY
              (VBRRA)

8.2           DEPARTMENT OF HUMAN SERVICES (DHS)


8.3           DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT (DPCD)
Murrindindi Bushfire Reconstruction
and Recovery Committee Agenda                    -3-                               19 August 2009

9.              PROJECT CONTROL GROUP REPORTS

9.1             EAST

9.2             WEST


10.             MURRINDINDI SHIRE COUNCIL

10.1            BUSHFIRE RECOVERY AMENDMENT PACKAGE

File No:        58/07/01

Purpose:
1.     Murrindindi Shire was the most affected Municipality in the devastating bushfires of
       February 2009, with substantial areas of Marysville, Kinglake (all areas), Flowerdale, and
       many areas outlining these districts, directed affected by loss of life and property. Of the
       approximately 1,800 homes lost in Victoria, 1,200 were lost in Murrindindi Shire.
2.     An opportunity exists for the State Government, Victorian Bushfire Reconstruction and
       Recovery Authority (VBRRA) and Murrindindi Shire Council (MSC) to work cooperatively in
       the bushfire recovery process through making changes in the Murrindindi Planning
       Scheme (MPS).
3.     Opportunities have been identified for new and upgraded community facilities, additional
       low-density residential and rural living areas and corrective and procedural changes, all
       which may be provided through an amendment to the MPS.

Affected area and proposed amendment:
The amendment would include the following areas and proposed changes to the MPS:
       •     Major land areas around Kinglake, rezoning land to Township, Business 1, Low
             Density Residential and Rural Living.
       •     The Kinglake Central area, rezoning to Public Use 7 (Other public use), Public Park
             and Recreation, Low Density Residential and Rural Living.
       •     The Pheasant Creek area, providing new employment opportunities by rezoning land
             to Industrial 1.
       •     The Flowerdale area, rezoning land to Rural Living, Public Use 2 (Education) and
             Farming.
       •     The Marysville area, rezoning land to Rural Activity.
       •     The Narbethong area, providing employment and community facility opportunities
             and recognising existing businesses by rezoning land to Industrial 1, Public Use 7
             (Other public use), Business 1 and Rural Activity.
       •     The Toolangi, Glenburn and Buxton areas, recognising existing businesses by
             rezoning land to Business 1 and Rural Activity.
       •     Applying the Development Plan Overlay to land proposed to be rezoned to
             Township, Low Density Residential and Rural Living to provide a further requirement
             for a development plan outlining land assessment, layout, servicing and conditions
             for development prior to the issue of any planning permit for subdivision.

Council Plan/Strategies:
1.     The proposed amendment to the Murrindindi Planning Scheme would implement the
       following existing strategies:
Murrindindi Bushfire Reconstruction
and Recovery Committee Agenda                  -4-                               19 August 2009

     •     Kinglake Flowerdale Integrated Strategy Plan, March 2003 (KFISP) for township,
           low-density residential and rural living options around Kinglake itself.
     •     Marysville Urban Design Framework, 2001 (MUDF) for the potential for expanded
           land use options for the town entrance along the Buxton – Marysville Road, a
           principle also supported at the recent design workshop for the rebuilding of
           Marysville.

2.   Other major zoning initiatives are generally strategically supported as:
     •     Land to be rezoned to Industrial 1 in Pheasant Creek supports the intention in the
           KFISP to provide new industrial land following demonstration of sufficient demand.
     •     The rezoning of land in Kinglake Central was considered in the KFISP but not
           implemented due to insufficient community facilities in the area. As new community
           uses and developments are being planned and built in this location, it is now
           appropriate that further low density residential and rural living options be provided.
     •     The further rezoning of land in the northern area of Flowerdale is adjacent to and a
           logical extension of the existing Rural Living Zone supported under the KFISP.
     •     The option for rezoning of land in Narbethong, supported by the recognition of the
           need for further rezoning and industrial options in the Marysville area in the MUDF.
3.   Land identified for rezoning through this amendment provides important options for the
     rebuilding of communities on land and areas that:
     •     Form a logical extension to each respective settlement.
     •     Are subject to lesser fire risk.
     •     Are cleared areas that do not impact on heavily vegetated areas.
     •     Are physically unconstrained and are capable of being serviced and effluent
           contained onsite.

Legal/Policy Issues:
1.   Any amendment to the Murrindindi Planning Scheme must be approved through a planning
     scheme amendment. Council would usually act as planning authority in preparing and
     exhibiting an amendment. It is possible however for the Minister to prepare an
     amendment, either exhibiting it or approving it without exhibition.
2.   The Minister has the power to prepare and exhibit a planning scheme amendment under
     the Planning and Environment Act 1987 as planning authority in this instance. The
     Minister may approve an amendment following consideration of any submission and, if
     required, appoint a panel to hear any unresolved submissions.

Financial/Resources/Risk
1.   The preparation and approval of a planning scheme amendment would not involve any
     financial risk or cost to Council, with VBRRA committing to the full cost of the amendment
     preparation.
2.   The amendment proposals would create economic and social benefits to the affected
     areas and Murrindindi Shire generally.

Options Analysis:
1.   There are no other options to facilitate rezoning and other changes to the Murrindindi
     Planning Scheme other than through a formal planning scheme amendment.
2.   The proposed amendment offers significant short term bushfire recovery options that
     normally would not be available and will assist with community recovery by stimulating
     economic activity.
Murrindindi Bushfire Reconstruction
and Recovery Committee Agenda                  -5-                                 19 August 2009


Consultation:
1.   The proposed amendment has been supported through consultation and engagement
     through:
     •     Previous strategies, outlined above.
     •     Implementing consultation and directions of community reference groups established
           by VBRRA and MSC to assist in bushfire recovery in the Marysville, Narbethong,
           Kinglake and Flowerdale areas.
     •     Implementing consultation and directions of the VBRRA planning control groups for
           Marysville and Kinglake Ranges to assist in bushfire recovery.
     •     Implementing a recent Brumby Government and VBRRA decision to re-establish the
           Kinglake Central Primary School and establish further community facilities in this
           precinct.
     •     Recent workshops and meetings for a state government funded urban design
           framework for Marysville.
     •     MSC’s Section 86 Committee, established after the fires to assist MSC and VBRRA
           in the bushfire recovery and reconstruction process.
2.   Although a planning scheme amendment is usually prepared and exhibited by Council as
     planning authority, it is also possible that the Minister for Planning undertake this role. In
     this instance, it is proposed that the Minister act as planning authority for the amendment
     as this option:
     •     Provides more objectivity.
     •     Removes Council from the immediate local pressures associated with the proposals
           outlined in the amendment.
     •     Reinforces that the implementation of issues outlined in the amendment are of state
           significance.
     •     Provides for a more expedited resolution of the amendment proposal.
3.   While it is legally possible for the Minister to prepare and approve an amendment without
     exhibition, it is anticipated that formal consultation of the amendment will take place
     through exhibition of the amendment for the minimum statutory period of one month, with
     any objecting / unresolved submissions being heard through a planning panel.
4.   While this proposed MPS Amendment will address land use issues in the bushfire affected
     areas, it is complementary to broaden strategic planning initiatives, in particular, the
     Kinglake Ranges Community Workshop held on Sunday 19 July 2009 identified the need
     for a Kinglake Ranges Masterplan to include details of future community facilities and
     services. Once the outcomes of the Workshop have been published, consideration will be
     given to how this can be best achieved.

Conclusion:
1.   The proposed amendment:
     •     Will facilitate bushfire recovery and rebuilding in substantially affected rural
           communities.
     •     Provides for modest growth in the community and residential opportunities in
           environmentally unconstrained areas that are appropriate for this development.
     •     Enhances the viability and sustainability of bushfire affected communities.
     •     Facilitates opportunities for rebuilding in safer, cleared areas that capable of
           responding to new building standards, therefore significantly reducing the costs of
           rebuilding to landowners.
Murrindindi Bushfire Reconstruction
and Recovery Committee Agenda                    -6-                                 19 August 2009

       •     Supports the rebuilding and new establishment of major community infrastructure
             and facilities.
       •     Are supported through strategic studies and community consultation.
2.     It is acknowledged that important strategic planning work is continuing in the MSC bushfire
       affected communities, with this proposed amendment being the first and immediate stage
       of required changes to the Murrindindi Planning Scheme. Further amendments will be
       necessary to implement additional changes arising form future strategic studies.
3.     It is considered appropriate that this Committee supports bushfire recovery and rebuilding
       in Murrindindi Shire through the preparation and exhibition of an amendment to the
       Murrindindi Planning Scheme by the Minister for Planning.

Recommendations:
That the Committee:
•      Supports the preparation of an amendment to the Murrindindi Planning Scheme, in
       accordance with the separately distributed draft amendment package.
•      Makes a request to the Minister for Planning that the Minister, exhibit proposed
       Amendment C19 with the preferred process being the conventional exhibition of the
       amendment for a minimum statutory period of one month.
•      Makes a request to the Minister for Planning that in the event that there are any objecting /
       unresolved submissions to the amendment, the Minister fast track the appointment of any
       planning panel to hear these submissions.


10.2            KINGLAKE RANGES REBUILDING ADVISORY CENTRE

File No.        22/05/43-29

Purpose:
This Committee (MBRRC) considered a report on siting options for the proposed Kinglake
Rebuilding Advisory Centre (RAC) at a Special meeting held on 29 July 2009. This report
provides an update on the status of the matter and recommends the alternative site in front of
the Council Office be adopted.

Recommendation:
1.  That, having tried unsuccessfully to negotiate suitable arrangements to secure the long
    term future of the preferred Kinglake Rebuilding Advisory Centre site, the building now be
    constructed on Council land at the intersection of Whittlesea - Kinglake Road and
    Kinglake – Glenburn Road, in front of the existing Council Office.
2.     That a discussion be held with the owner of the property at the rear of the Council land
       with a view to leasing an area for parking and community events.

Current Status:
The Committee resolved on 29 July 2009 that:
1.   Site 5, being the land leased by Council at the corner of the Heidelberg-Kinglake Road
     and the Healesville-Kinglake Road (in front of the temporary village), be adopted as the
     preferred site for the VBRRA Kinglake Rebuilding Advisory Centre.
2.      Council officers liaise with the landowner and do all things necessary to secure Council’s
        long term tenure of Site 5 to enable construction of the building at the earliest opportunity.
3.      In the event of satisfactory arrangements not being negotiated with the owner of Site five
        (5), Site 1A be made available for the building.
Murrindindi Bushfire Reconstruction
and Recovery Committee Agenda                   -7-                                19 August 2009

4.     In the event of having to use Site 1A for the building, alternative open space be identified
       and secured for community events and markets.

Since then, discussions have been held with the owner of the land currently leased by the
Council at the Heidelberg-Kinglake Road/Healesville-Kinglake Road intersection with a view to
securing long term tenure of the site. The owner had no objection to the proposed RAC being
constructed at this location, however despite a range of options being explored, arrangements
which are satisfactory to both parties could not be agreed.

Given the Committee’s preference to ensure that the building will be available for community
use for a number of years and the need to commence construction at the earliest opportunity, it
is now proposed that the alternative site (Site 1A), in front of the existing Council Office, be
adopted.

When the various siting options for the RAC were analysed (refer to MBRRC Report 4.1 of 29
July 2009, pages 2- 4 and Encl 4.1a, Encl 4.1b and Encl 4.1c), the following advantages and
disadvantages relating to Site 1A were identified:
Advantages:
   • High profile site recognising donors’ contribution to project
   • Land already in Council’s ownership
   • Centrally located
   • Adjacent existing Council Building
   • Attractive location for long term use of building post bushfire recovery
   • Water and sewerage disposal readily available
   • Available for immediate construction (subject to relocation of portable buildings)
Disadvantages:
   • Site historically used by community for public open space and events, and strong
      community attachment to this use being available in future
   • Limited car parking available

Land at the rear of Site 1A is part a larger holding and zoned Farming Zone. It is currently
occupied by temporary Department of Human Services’ buildings, used as office
accommodation in support the bushfire recovery. In addition, the effluent lines servicing the
Council Office are situated within this property. Preliminary discussions with the owner indicate
that he is willing to assist Council by leasing land for community use and parking. This would
complement the open space around the Council Office and the proposed RAC, and will address
the immediate need while a long term response is developed in consultation with the
community, as part the Kinglake Ranges Masterplan process.

Conclusion:
Adoption of this alternative siting option for the Kinglake Rebuilding Advisory Centre will allow
construction to commence and secure the future of the building beyond the immediate recovery
phase.


10.3           TERMS OF REFERENCE FOR COMMUNITY RECOVERY COMMITTEES

File No:       22/05/43-8

(Refer Encl 10.3)

Purpose:
To seek the Committee’s endorsement of the Terms of Reference for Community Recovery
Committees.
Murrindindi Bushfire Reconstruction
and Recovery Committee Agenda                 -8-                                19 August 2009


Recommendation:
That the enclosed (Ref Encl 10.3) Terms of Reference for Community Recovery Committees be
adopted.

Background:
The enclosure contains the draft Terms of Reference (TOR) for Community Recovery
Committees (CRC’s). The document was initially drafted by representatives from Victorian
Bushfire Reconstruction and Recovery Authority (VBRRA) with subsequent amendments
incorporated into the document by Council officers in liaison with VBRRA.

The draft TOR sets out the roles and responsibilities of Community Recovery Committees, with
two key elements being the preparation and implementation of Community Recovery Plans, in
accordance with guidelines developed by VBRRA, and the role of the Committee as an advisory
body to Council and other recovery agencies with respect to community recovery.

The adoption of a standard TOR for CRC’s will ensure greater consistency in operating
arrangements across the CRC’s and promote a common understanding within the community
as to the role of these committees.

A standard, endorsed TOR is also necessary to ensure the operations and activities of the
CRC’s are covered by Council’s insurances.

Currently there are six (6) CRC’s operating within the Shire, these being Kinglake Ranges,
Flowerdale, Strath Creek, Melba (incorporating Murrindindi, Glenburn and Limestone), Toolangi
and Marysville Triangle.

Council Plan/Strategies:
Nil

Legal/Policy Issues:
Nil

Financial/Resources/Risk
The TOR makes reference to the provision of administrative resources to CRC’s. Council
officers are progressing with the engagement of administrative support with the understanding
that funding for this resource will be forthcoming from VBRRA.

Options Analysis:
The benefits of adopting the enclosed standard TOR (with or without amendment) include:

•    Ensures greater consistency across CRC’s in their operating arrangements
•    Provides greater certainty for the general public concerning the role and function of the
     CRC’s
•    Facilitates Council’s ability to provide insurance cover for the CRCs

Given some CRC’s were formed in the absence of a draft TOR, there may be some concerns
expressed by CRC members with the perceived imposition of a standard TOR at this time.

Consultation:
Three of the most recently formed CRC’s have been established utilising the draft TOR.
Council’s Community Development Officers, and/or VBRRA’s Community Engagement Co-
ordinators are working with the remaining CRC’s, which formed prior to the formation of the draft
TOR’s, to seek alignment between the committee’s activities and the TOR.
Murrindindi Bushfire Reconstruction
and Recovery Committee Agenda                 -9-                                  19 August 2009

Conclusion:
An adopted TOR for the CRC’s will ensure greater consistency in, and understanding of the role
and operations of these important community recovery groups.


10.4          ROLES OF COMMUNITY RECOVERY OFFICERS

File No:        22/05/43-9

(Refer Encl 10.4)

Purpose:
To clarify the roles of the community development officers, community engagement
coordinators and Community Service Hub Captains.

Recommendation:
That the report on the roles of officers engaged in community recovery be noted.

Background:
At the 8 July 2009 Committee meeting a request was made for a report to clarify the roles of the
key officers engaged in community recovery within the Murrindindi Shire.

Representatives of the Department of Human Services have prepared the attached report,
which outlines the Department’s understanding of the roles of the Community Development
Officers (5 employed by Murrindindi Shire Council), the Community Engagement Co-ordinators
(3 employed by VBRRA) and the Community Services Hub Captains (4 employed by DHS).

Council Plan/Strategies:
Nil

Legal/Policy Issues:
Nil

Financial/Resources/Risk
Nil

Options Analysis:
Nil

Consultation:
Nil

Conclusion:
The report is presented for information.


11.             MURRINDINDI BUSHFIRE RECOVERY COMMITTEE

11.1            MEETING DATES

File No:        22/05/43-18

Background:
At the Special meeting of the Murrindindi Bushfire Recovery Committee on 29 July 2009 it was
resolved “That 19 August be adopted as the next meeting date, followed by 9 September and
Murrindindi Bushfire Reconstruction
and Recovery Committee Agenda                - 10 -                       19 August 2009

30 September and that the remainder of meeting dates for 2009 be set at the next ordinary
meeting.”

Recommendation:
That the meeting dates for the remainder of 2009 be set.


12.           URGENT BUSINESS


13.           CONSIDERATION OF OPEN FORUM / ISSUES FROM PREVIOUS
              MEETINGS

14.           NOTICE OF MOTIONS


15.           CONFIDENTIAL ITEMS


16.           NEXT MEETING

              Wednesday 9 September 2009.

								
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