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UNCONFIRMED Mitchell Shire Council

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UNCONFIRMED Mitchell Shire Council Powered By Docstoc
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    MINUTES
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     MONDAY
10 SEPTEMBER 2012
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ORDINARY COUNCIL MINUTES                                                                                  10 SEPTEMBER 2012


                                            TABLE OF CONTENTS

ITEM                                                           SUBJECT                                                      PAGE NO

1. DECLARATION ................................................................................................... 1

2. APOLOGIES AND LEAVE OF ABSENCE .......................................................... 1

3. DECLARATION OF INTERESTS ........................................................................ 1

4. CONFIRMATION AND SIGNING OF MINUTES NOT PREVIOUSLY
   CONFIRMED ....................................................................................................... 2

5. PETITIONS AND JOINT LETTERS ..................................................................... 2




                                                                                          ED
6. QUESTION TIME ................................................................................................. 3
     6.1      MONUMENT HILL KILMORE, W. HAMMOND ..................................................................... 3



                                                                              M
7. COMMUNITY AND RECREATION ...................................................................... 5
                                                           R
     7.1      ACCESS AND INCLUSION POLICY FOR ADOPTION ........................................................ 5
     7.2      ALLOCATION OF FUNDS TO MITCHELL RANGERS FOOTBALL CLUB .......................... 7
                                                        FI
     7.3      REVIEW AND DEVELOPMENT OF MITCHELL OPEN SPACE STRATEGY ................... 10
     7.4      UPGRADE OF ERIC HEAD PAVILION AT KINGS PARK, SEYMOUR ............................. 14
                                              N


     7.5      BROADFORD OUTDOOR POOL - PROJECT UPDATE ................................................... 17
                                   O



8. CORPORATE SERVICES ................................................................................. 23
                         C




     8.1      FINANCIAL PLANNING PRINCIPLES ................................................................................ 23
     8.2      FRAUD PREVENTION ........................................................................................................ 27
               N




9. ENGINEERING & INFRASTRUCTURE............................................................. 30
     U




     NIL REPORTS ............................................................................................................................... 30


10. EXECUTIVE SERVICES & GOVERNANCE ...................................................... 31
     10.1 ASSEMBLY OF COUNCILLORS ........................................................................................ 31




                                                                   Page i
ORDINARY COUNCIL MINUTES                                                                                  10 SEPTEMBER 2012


11. SUSTAINABLE DEVELOPMENT ..................................................................... 32

     11.1 DRAFT SPONSORSHIP POLICY (SPONSORSHIP BY PRIVATE COMPANIES ON
          COUNCIL PROPERTY/PUBLIC EVENTS) ......................................................................... 32
     11.2 PROPOSED NEW PLANNING ZONES FOR VICTORIA – COUNCIL SUBMISSION ....... 35
     11.3 PROPOSED PLANNING SCHEME AMENDMENT TO IMPROVE MANDALAY ESTATE
          PLANNING CONTROLS ..................................................................................................... 39
     11.4 VICTORIAN CIVIL & ADMINISTRATIVE TRIBUNAL HEARINGS & ACTIVITIES CARRIED
          OUT UNDER DELEGATION ............................................................................................... 44


12. NOTICE OF MOTION ........................................................................................ 49

     12.1 NOTICE OF MOTION NO 755 – NEIGHBOURHOOD CAR PARKING INVESTIGATION –
          SEYMOUR P12 EDUCATION COMPLEX .......................................................................... 49




                                                                                          ED
     12.2 NOTICE OF MOTION NO 756 - PROTECTION OF MONUMENT HILL RESERVE
          KILMORE............................................................................................................................. 50


13. DELEGATES REPORTS ................................................................................... 51


                                                                              M
     NIL REPORTS ............................................................................................................................... 51
                                                           R
14. GENERAL BUSINESS ...................................................................................... 52
                                                        FI
     14.1. COMMUNITY SUBMISSION ............................................................................................... 52
     14.2. MITCHELL SHIRE PARALYMPIANS CONGRATULATIONS ............................................ 52
                                              N

     14.3. LETTER OF APPRECIATION INTERIM CEO .................................................................... 52
                                   O


15. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC ............................. 53

     15.1 CONFIRMATION AND SIGNING OF MINUTES NOT PREVIOUSLY CONFIRMED ......... 53
                         C




     15.2 AUDIT COMMITTEE CHARTER ......................................................................................... 53
               N




     15.3 CT 121505 PROVISION OF LEGAL SERVICES (PANEL) ................................................ 53
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     15.4 CT 121506 PROVISION OF EPA AUDITORS (PANEL) .................................................... 53

     15.5 RE-OPENING OF MEETING TO MEMBERS OF THE PUBLIC......................................... 53


16. DATE OF NEXT MEETING................................................................................ 53

17. CLOSURE OF MEETING .................................................................................. 53




                                                                   Page ii
ORDINARY COUNCIL MINUTES                                     10 SEPTEMBER 2012


              MINUTES OF THE ORDINARY MEETING OF THE
          MITCHELL SHIRE COUNCIL HELD AT THE CIVIC CENTRE
                          113 HIGH STREET
                          BROADFORD ON
                    MONDAY 10 SEPTEMBER 2012
                       COMMENCING AT 7.01PM


PRESENT:
Cr S. Marstaeller (Chairperson)
Cr T. Tobias
Cr K. Mulroney

Cr G. Coppel
Cr W. Melbourne




                                                  ED
Cr R. Parker

Cr D. Callaghan
Cr R. Lee
Cr K. Stewart

ALSO PRESENT:                               M
                                 R
Mrs June Dugina             Chief Executive Officer (Interim)
Ms Kerrie Birtwistle        Director Sustainable Development
                              FI
Mr Jeff Saker               Director Engineering & Infrastructure
Mr Dwight Graham            Director Corporate Services
Mr Travis Heeney            Director Community & Recreation (Acting)
                        N

Mr Julian Edwards           Manager Statutory Planning & Building
Mr Lee McSweeney            Governance Coordinator
                  O


Ms Jannice Foo              Governance Officer
            C




1. DECLARATION
      N




The Declaration was read by Cr B. Melbourne.
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2. APOLOGIES AND LEAVE OF ABSENCE
NIL

3. DECLARATION OF INTERESTS
Under the Local Government Act 1989, the classification of the type of interest
giving rise to a conflict is: a direct interest; an indirect interest (Section 77A and
77B). The type of indirect interest specified under Section 78, 78A, 78B, 78C or
78D of the Local Government Act 1989, set out the requirements of a Councillor or
member of a Special Committee to disclose any conflicts of interest that they may
have in a matter being or likely to be considered at meeting of the Council or
Committee.

NIL


                                       Page 1
ORDINARY COUNCIL MINUTES                                      10 SEPTEMBER 2012


4. CONFIRMATION   AND   SIGNING                         OF      MINUTES          NOT
   PREVIOUSLY CONFIRMED

MOVED:               CR. G. COPPEL
SECONDED:            CR K. MULRONEY
THAT: the minutes of the Ordinary meeting of Council held on Monday, 27 August
2012 as circulated, be confirmed.
                                                                     CARRIED
                                                                           9/0


5. PETITIONS AND JOINT LETTERS
In accordance with Clause 66 of Local Law No. 4 – Meeting Procedures.




                                                   ED
5.1    WINDFARM - 595 HOMEWOOD ROAD WHITEHEADS CREEK

Cr D. Callaghan tabled a Petition signed by approximately 250 signatories which
reads:

                                            M
      “We are writing to encourage the Mitchell Shire Councillors to refer the
                                  R
      decision regarding the development of a Wind Energy facility at 595
      Homewood Rd, Whiteheads Creek, to the Minister of Planning of the
                               FI
      Victorian Parliament. There are valid reasons that this should be done and
      morally if council is in "caretaker mode" prior to elections then this should be
      done.
                         N


1.    As the council is preparing to enter "caretaker mode" prior to elections, the
                  O



      time frame within the statutory period for the response to a planning
      application will be past. If no decision is made by the council within that
            C




      statutory time frame the applicant has the opportunity to go directly to VCAT
      causing enormous financial expense to the ratepayers and objectors. Morally
      N




      the council should refer the decision to the Minister. Under Section 79 of the
      P & E Act 1987a "failure to grant a permit within the prescribed time" the first
      opportunity for Infigen to lodge an application for review at VCAT for will be
U




      27th September. Council need to refer the decision to the Minister prior to
      this date.
2.    As there is a heritage listing over the Trawool Valley, the heritage council
      should be consulted and address this concern with the Minister. The
      Commonwealth Environment Protection and Biodiversity Conservation Act
      1999 (EPBC Act) applies to "matters of national environmental significance".
      Under the Act, actions that are likely to have a significant impact upon
      matters of national environmental significance require approval from the
      Environment Minister to undertake those actions. An action includes any
      project, development, undertaking, activity or series of activities. The heritage
      listing of the Trawool Valley indicates a referral to the Environment Minister
      for approval.




                                        Page 2
ORDINARY COUNCIL MINUTES                                     10 SEPTEMBER 2012


3.    The application for the planning permit consists of three booklets and a total
      of approximately 850 pages. The notification/advertising period by the
      proponent has not ended and we only have two days post the advertising
      period to submit objections. We are stating here there we are deprived of our
      natural justice in terms of being able to respond. The company has been
      developing this planning document since early 20220 and we have two weeks
      to go through the planning application documents, gain consultation and
      respond. This is a highly contentious issue it is unacceptable that we are
      deprived of our natural justice. I note here that a resident in the Trawool
      Valley located approx 3.6km from the proposed site was only notified of the
      development for the first time, last Thursday, 6th September 2012.
4.    As the development has significant impact on two Shires Mitchell and
      Murrindindi, the decision can be referred to the Minister. We understand that
      the structures are all contained in the Mitchell Shire, however the Murrindini
      Shire residents are severely impacted by the effects of the development




                                                  ED
      (including noise pollution, visual pollution, infrasound and vibration) up to
      10km away. It is for these reasons we urge the responsible authority to refer
      the decision to the Minister.”



                                            M
A report in relation to this petition will be prepared and heard at a future Council
Meeting.
                                 R
6. QUESTION TIME
                              FI
In accordance with Clause 65 of Local Law No. 4 – Meeting Procedures.
                        N


6.1     MONUMENT HILL KILMORE, W. HAMMOND
                  O



My question to Council is as follows:
            C




“Monument Hill Kilmore is a significant landscape overlay as confirmed at the
2008 panel hearing and my question is to Sue Marstaeller as Mayor and the
      N




council employees who are conferring with VicRoads and the community
consultative group what has been done so far to object to the VicRoads plan of
U




slicing into the hill itself in order to make provision for a six lane highway through
the whole precinct.”

A written response was provided which stated:

Thank you for your question relating to Monument Hill Kilmore.

There is a Notice of Motion being put forward at the Council meeting this evening
(as far as I am aware) that if it gets passed it would change my response below
slightly as it requests Council write to VicRoads in relation to the planning controls
applying to Monument Hill and the need for consideration of these controls as part
of the investigations on the bypass alignment. However as we don’t know the
outcome of this NOM yet I have prepared some words in relation the question
below.


                                        Page 3
ORDINARY COUNCIL MINUTES                                     10 SEPTEMBER 2012


Presently, Monument Hill and the surrounds is affected by the following zones and
overlays, pursuant to the Mitchell Planning Scheme:
•   Public Park and Recreation Zone
•   Public Conservation and Resource Zone
•   Heritage Overlay 104− Lake Precinct
•   Significant Landscape Overlay Schedule 1− Monument
•   Vegetation Protection Overlay− Roadside and Corridor Protection
•   Wildfire Management Overlay.

Council understands that VicRoads is currently completing a number of
background studies to identify the opportunities, constraints and planning issues
and impacts of the bypass. It is anticipated that VicRoads will consider this
information to inform the most appropriate bypass alignment. This will include
consideration of Monument Hill, its attributes and value, and the impact an
alignment of the bypass may have on this asset.




                                                  ED
At this stage of the planning phase, whilst information is still being gathered,
Council does not have a position on the alignment of the bypass. Until it is resolved
as to whether Council is the Planning Authority for a Planning Scheme Amendment


                                           M
to the Mitchell Planning Scheme for the Kilmore Wallan Bypass Council is unable
to have a position on the bypass.
                                 R
Submitter not present at this time.
                              FI
                        N
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                                       Page 4
ORDINARY COUNCIL MINUTES                                      10 SEPTEMBER 2012


7. COMMUNITY AND RECREATION
7.1      ACCESS AND INCLUSION POLICY FOR ADOPTION

Author:           Travis Heeney, Acting Director, Community and Recreation
File No:          DS/02/002-02
Attachment:       Access and Inclusion Policy
Reference:        Item 13.2, 13 March 2012


Summary
This report proposes that Mitchell Shire Council endorse the attached Access and
Inclusion Policy that describes:




                                                    ED
•     Council’s pursuit of best practice in developing and enhancing models of
      access and inclusion for all persons in our community within Council’s financial
      and resource constraints, and
•     Council’s intention to act as a “best practice” advocate with other Mitchell


                                             M
      organisations to enhance participation opportunities equally for all persons in
      our community.
                                   R
Background
                                FI
In 2007 the Victorian Disability Act (VDA) 2006 came into effect, replacing the 1991
Victorian Disability Services Act and the 1986 Victorian Intellectually Disabled
                          N

Persons’ Services Act. The VDA provides the framework for a whole-of-
government and whole-of community approach to enable people with a disability to
actively participate in community life, and has mandated the need for Local
                    O



Governments to produce Disability Action Plans. Section 38 (1) of the Act,
specifies that Council must ensure that a Disability Action Plan meets four outcome
              C




areas:
1.     Reducing barriers to persons with a disability accessing goods, services and
        N




       facilities
2.     Reducing barriers to persons with a disability obtaining and maintaining
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       employment
3.     Promoting inclusion and participation in the community of persons with a
       disability
4.     Achieving tangible changes in attitudes and practices which discriminate
       against persons with a disability.

The Act also requires Council to report on the implementation of the Disability
Action Plan in its Annual Report.

It is estimated that approximately 20% of Mitchell Shire residents have a disability.
The definition of “disability” under the Disability Discrimination Act (DDA) 1992
includes: physical, intellectual, psychiatric, sensory, neurological, and learning
disabilities as well as physical disfigurement and the presence in the body of
disease-causing organisms.


                                         Page 5
ORDINARY COUNCIL MINUTES                                        10 SEPTEMBER 2012
ACCESS AND INCLUSION POLICY (CONT’D)

In accordance with the Disability Discrimination Act (DDA) 1992 and the Victorian
Disability Act 2006, Mitchell Shire Council developed an Access and Inclusion and
Action Plan (2009-2012). The Plan was developed under the guidance of the
Mitchell Shire Access and Inclusion Committee. The committee was formed to
ensure that residents with all abilities are able to participate in all aspects of the
Mitchell Shire community. The Committee consists of community members,
disability and advocacy organisations, Council and Councillor representation.

Issues

Although Council approved the Mitchell Shire Disability Action Plan in 2009,
Council does not have a Policy on Access and Inclusion. A policy would allow
Council to reference or inform its position when receiving advice from the Mitchell
Shire Access and Inclusion Committee. It would also guide strategies and
initiatives that enhance residents with all abilities to participate in all aspects of the




                                                     ED
Mitchell Shire community.

Financial Resource and Asset Management Implications



                                              M
There are no financial resource or asset management implications. The policy will
be implemented within current and available resources.
                                     R
Environment and Sustainability Implications
                                  FI
There are no environmental or sustainability implications as a result of the
introduction of an Access and Inclusion Policy.
                           N

Policy Implications
                    O


Council, at present does not have an Access and Inclusion Policy.
             C




RECOMMENDATION
       N




THAT: Council adopt the Access and Inclusion Policy that describes:
U




a)    Council’s pursuit of best practice in developing and enhancing models of
      access and inclusion for all persons in our community, within Council’s
      financial and resource constraints, and
b)    Council’s intention to act as a “best practice” advocate with other Mitchell
      organisations to enhance participation opportunities equally for all persons in
      our community.

MOVED:                 CR. D. CALLAGHAN
SECONDED:              CR. W. MELBOURNE
THAT: the recommendation be adopted.
                                                                              CARRIED
                                                                                   9/0



                                         Page 6
ORDINARY COUNCIL MINUTES                                     10 SEPTEMBER 2012


7.2   ALLOCATION OF FUNDS TO MITCHELL RANGERS FOOTBALL CLUB

Author:         Travis Heeney, Director Community and Recreation (Acting)
File No:        RE/10/003
Attachment:     Project proposal letter and costing estimates from MRFC.
Reference:      Nil


Summary
This report recommends that Council endorse the allocation of $25,000 from
unspent monies associated with other recreation projects, to support Mitchell
Rangers Football (Soccer) Club’s request for funding assistance to secure access
to a playing field through the expansion of Broadford Secondary College’s oval into




                                                  ED
a full size soccer pitch.

Background
The Mitchell Rangers Football (Soccer) Club (MRFC) is currently without a home


                                           M
ground and is currently utilising the sporting field at Broadford Secondary College.
The Club has been endeavouring to secure a home ground for a number of years.
Council has been working with the Club during this time in an effort to secure a
                                 R
ground in the Wallan East precinct through the development of the Wallara Waters
and Devine estates. Unfortunately it is likely that this is still some years away.
                              FI

The Club now has a preference to remain in Broadford and establish itself in more
permanent and quality facilities in partnership with Broadford Secondary College.
                        N


After exploring various options and locations, in December 2011 the MRFC
presented a project proposal to Council’s then Chief Executive Officer and other
                  O



key stakeholders recommending that a dedicated soccer pitch be located at
Broadford Secondary College, with a small portion of this pitch to be located on
             C




Crown Land Reserve, of which Council is Land Manager. They proposed that a
pavilion and ancillary facilities such as car parking and water storage be located on
      N




Crown Land of which Council is appointed Land Manager.

In January 2012, Mitchell Shire Council submitted a funding application to the
U




Department of Planning and Community Development’s (DPCD) Strengthening the
World Game Program, for stage 1 development of a single football pitch, car park
and installation of players/coaches shelters located primarily on Broadford
Secondary College land with a small portion located on Crown Land Road
Reserve. The application was based on the December 2011 presentation by the
MRFC and represented Stage 1 (estimated at $484,920) of a three stage
development proposal. On 23 January 2012, Council moved to refer $384,920 to
the draft 2012/13 capital works budget for this Stage 1 development.
Reference of an additional $130,000 and $849,000 would be required for the
2013/14 and 2014/15 budgets for Stage 2 and Stage 3 works, for which Council
will be in a position to submit future funding applications to DPCD.
Council was informed in June that the stage funding application was unsuccessful.



                                       Page 7
ORDINARY COUNCIL MINUTES                                         10 SEPTEMBER 2012
ALLOCATION OF FUNDS TO MITCHELL RANGERS FOOTBALL CLUB (CONT’D)

Council’s Sports Development Plan (2011) confirms that ‘there is no doubt that the
lack of a dedicated soccer facility in Mitchell Shire has hindered the growth of the
sport and that of the Mitchell Rangers Football Club’.

Policy Implications
This report is consistent with the 2009-2013 Council Plan – ‘Continue to provide
and facilitate quality recreation and leisure opportunities for our community’.

Issues
Following the aforementioned funding application, the MRFC has continued
discussions with Broadford Secondary College and has gained their support to
work in partnership to begin the project of developing a match ground through
“renovating” the area to the north of the existing school oval and creating a full size
soccer pitch. A small portion of this pitch would again be located on Crown Land, of




                                                      ED
which Council is Land Manager. The MRFC has submitted a letter to Council
(attached) requesting support for this initiative and the contribution of $25,000.

The MRFC is highly motivated to proceed with match field developments and has
identified an opportunity to work in partnership with Broadford Secondary College

                                               M
and Mitchell Shire Council to commence part of the Stage 1 proposed development
to secure a match field whilst awaiting funding through the DPCD.
                                    R
Mitchell Rangers Football (Soccer) Club have identified a number of advantages to
                                 FI
this project:
1.   MRFC will have access to a full size irrigated and drained ground;
                          N

2.   Broadford Secondary College will have the benefit of making the Hockey
     Field safe for student use, classes and school sport;
                   O



3.   The Broadford community will benefit through access to more open space
     and active recreation facilities;
             C




4.   Mitchell Shire Council can begin implementing the recommendations on
     sports provision in Broadford, utilising mostly Department of Education and
      N




     Early Childhood land;
5.   Enable access to major grants such as “Strengthening the world game” and
U




     community infrastructure grants.

Financial Resource and Asset Management Implications
The total preliminary cost of the project is $50,000. Bendigo Bank has committed to
contributing $15,000 towards the project, the Mitchell Rangers Football (Soccer)
Club has committed $10,000 and Broadford Secondary College has committed to
the provision of land. The project is seeking $25,000 in funding assistance from
Council to expand the school grounds into a full size soccer pitch. See attachment
for breakdown of estimated costs. This money is currently available due to savings
associated with other recreation projects. Whilst the standard procedure would be
for Council to consider this matter as part of the midyear financial review, a
decision now will allow the Club to begin the renovation in preparedness for Spring
and the 2013 season.


                                          Page 8
ORDINARY COUNCIL MINUTES                                         10 SEPTEMBER 2012
ALLOCATION OF FUNDS TO MITCHELL RANGERS FOOTBALL CLUB (CONT’D)

Environment and Sustainability Implications
The proposed scope of works does have an environmental impact upon local flora.
The proposed expansion of the football pitch will require authority from the
Department of Sustainability and Environment to remove a small number of trees.
Proposed losses will be compensated through offsets (new plantings) at the
completion of works.

Consultative Procedures
The Mitchell Rangers Football (Soccer) Club (MRFC) is seeking to work in
partnership with Council and Broadford Secondary College (BSC) on this project,
which has the support of both MRFC and BSC. Council Officers have previously
consulted extensively with the MRFC on matters relating to the scope of works
(including cost estimates), preferred project stages and funding application details
in developing a recent funding application to the Department of Planning and




                                                      ED
Community Development’s (DPCD) Strengthening the World Game Program for
Stage 1 development of a single football pitch at Broadford Secondary College.

Conclusion


                                               M
Mitchell Rangers Football (Soccer) Club have been endeavouring to secure a
home ground for a number of years. Recent funding applications to support this
notion have been unsuccessful. The Club is now proposing to "renovate" further
                                    R
land at the Broadford Secondary College creating a full size soccer pitch. A formal
request has been made of Council to contribute $25,000 to support the realisation
                                 FI
of this goal.
                          N


RECOMMENDATION
                   O



THAT: Council endorse the allocation of $25,000 from unspent monies associated
with other recreation projects, to support Mitchell Rangers Football (Soccer) Club’s
             C




request for funding assistance to expand Broadford Secondary College’s grounds
to provide a full size soccer pitch.
      N




MOVED:                CR. D. CALLAGHAN
U




SECONDED:             CR. R. LEE
THAT: the recommendation be adopted.
                                                                          CARRIED
                                                                               9/0




                                          Page 9
ORDINARY COUNCIL MINUTES                                 10 SEPTEMBER 2012


7.3 REVIEW AND DEVELOPMENT OF MITCHELL OPEN SPACE STRATEGY

Author:        Mary-ann McCue, Recreation Officer
File No:       RE/14/015
Attachment:    Nil
Reference:     Item 7.4, 12 September 2005



Summary
This report provides an update regarding the development of the new Mitchell
Open Space Strategy.

Background




                                               ED
Council adopted its previous Recreation and Open Space Strategy in September
2006. In November 2011, Council commenced a review of this document, with a
view to developing a new strategy that is reflective of the challenges and
opportunities presented by the continued strong growth of the Shire.

                                         M
In November 2011 Council appointed consultants @Leisure Planning to conduct
                               R
the strategy review, which comprises a number of key milestones and outcomes,
including:
                            FI
•    An analysis of current levels of public open space within the Shire and
     identification of gaps, strengths and opportunities;
                       N


•    Review of existing maintenance and management practices and development
     of a consistent set of standards to guide and influence development, design
                 O



     and maintenance of open space;
•    Examination of the impact of the Urban Growth Boundary on Council’s
             C




     Municipal Strategic Statement, Township Structure Plans and community
     sport and recreation infrastructure;
      N




•    A comprehensive consultation process with a broad range of organisations,
     Council Officers, community groups and residents, to identify issues,
U




     strengths, opportunities and expectations of open space provision within
     Mitchell Shire.

The new Mitchell Open Space Strategy will also address the key indicators of the
Council Plan 2009-2013, namely the Off-Roads Recreation Trails Strategy, which
provides for the development of walkways and cycle tracks within Mitchell Shire
that incorporate linkages, access and inclusion.

The updated Mitchell Open Space Strategy will provide a planning framework and
set of standards for the planning and provision of open space across the Shire
through to 2021 and beyond. To date a number of key milestones have been
achieved.



                                    Page 10
ORDINARY COUNCIL MINUTES                                          10 SEPTEMBER 2012
REVIEW AND DEVELOPMENT OF MITCHELL OPEN SPACE STRATEGY (CONT’D)


Policy Implications
The review of the Recreation and Open Space Strategy is a key strategic objective
of the 2009-2013 Council Plan to “Continue to provide high quality recreational and
leisure facilities for our community”.
The Council Plan strategic indicator relating to the Recreation and Open Space
Strategy specifies “Support funding to implement Council’s Recreation and Open
Space Strategy within the adopted budget”. Also “Develop an off road trail strategy
for development of walkways and cycle tracks inclusive of:
•    Enhanced signage
•    Linkages
•    Access and inclusion
•    Linking Puckapunyal and Seymour




                                                     ED
•    Linking Kilmore and Kilmore East”.


Issues


                                              M
A key objective of the Mitchell Open Space Strategy is to develop a relevant and
valuable strategy that will meet the needs and expectations of key officers in open
                                   R
space planning, provision and management and maintenance. This will ensure the
most appropriate provision of open space and recreation services to the
                                FI
community in the medium to long term.

During the recent consultation phase with Council officers, it was identified that
                          N

there was a gap in the document, created by the recent announcements by the
Minister for Planning regarding Precinct Structure Plans and the logical inclusion of
                   O


Wallan as part of the urban growth boundary.

Council is faced with the issue of continuing on with the strategy as is, recognising
             C




that it does not cater for the changes in population, land use and the associated
requirements for recreation and open space provision, or adjusting the project
      N




scope to reflect the changes to the Urban Growth Boundary.
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Council is in a position where officers can continue to work with @Leisure Planners
to deliver the strategy within the existing budget and timelines. However, it is
recognised that if this occurs, the final Mitchell Open Space Strategy will not
address either Council or community needs.

To address this gap, Council requested @Leisure Planners to provide a revised
scope of works and timelines. The revised scope encapsulates the recent urban
growth developments and would ensure that the final strategy provides clear
direction, requirements and priority actions that will allow for consistent, well
planned open space provision and management.

The revised Mitchell Open Space Strategy would be completed in early 2013.




                                         Page 11
ORDINARY COUNCIL MINUTES                                          10 SEPTEMBER 2012
REVIEW AND DEVELOPMENT OF MITCHELL OPEN SPACE STRATEGY (CONT’D)


Financial Resource and Asset Management Implications
The Mitchell Open Space Strategy project is being funded jointly by Council and
the Department of Planning and Community Development, through the Community
Facility Funding Program – Planning category.

Council provided a budget allocation of $37,000 for the Mitchell Open Space
Strategy. @Leisure Planners have provided a quotation of $20,380 (GST Excl) to
meet the additional project requirements.

By addressing these matters now, it will ensure that the Mitchell Open Space
Strategy accurately reflects the changing requirements of the Mitchell Shire. It will
also provide more consistent and informed guidelines in relation to programmed
management and maintenance of open space and associated infrastructure. The
additional costs will be funded through Council’s Growth Area Planning monies.




                                                     ED
The implementation of the final Mitchell Open Space Strategy will inform Council’s
long term financial plan.

Environment and Sustainability Implications

                                              M
The Mitchell Open Space Strategy will help to identify sustainable open space
                                   R
provision across the Mitchell Shire.

Through undertaking this strategic process, Council will be able to assess
                                FI
environmental implications as well as long term requirements for open space
provision in the Shire.
                          N


Consultative Procedures
                   O


As part of the project, consultation has occurred with Council staff, community and
environmental groups, residents, reserve Committees of Management, land
             C



developers and planning/government authorities.
Community engagement was conducted through various methods, including:
      N




•    Project information and invitations for feedback on Council’s website;
•
U




     Preparation of a project website by @Leisure Planners, providing
     opportunities for the community to complete an online survey, make
     comments and read background information;
•    Council press releases with project information and invitations for feedback;
•    Advertised opportunities to make written submissions and comments to the
     consultant on Facebook;
•    Well attended staff and community/stakeholder workshops.

It was originally anticipated that the final, reviewed Mitchell Open Space Strategy
would be presented to Council for approval prior to the project acquittal date of end
December 2012. However, should Council adopt the recommendation to broaden
the scope of the project it is anticipated that the Strategy will be completed in early
2013.


                                         Page 12
ORDINARY COUNCIL MINUTES                                          10 SEPTEMBER 2012
REVIEW AND DEVELOPMENT OF MITCHELL OPEN SPACE STRATEGY (CONT’D)


Conclusion
In November 2011, Council commenced a review of the Mitchell Open Space
Strategy. However, in light of the recent announcements by the Minister for
Planning in regards to the Precinct Structure Plans and the logical inclusion of
Wallan as part of the urban growth boundary, the project, as it was originally
scoped, does not meet the needs of Council and the community.

To address this, @Leisure Planners have been asked to provide a revised scope
of works that will ensure that the final Mitchell Open Space Strategy reflects the
future growth of the Shire. Council has funding available for Growth Area Planning
and is proposing to draw on these funds to complete the additional works required.


RECOMMENDATION




                                                     ED
THAT: Council approve the additional expenditure of $20,380 to broaden the
scope of the Mitchell Open Space Strategy.


MOVED:
SECONDED:
                      CR. T. TOBIAS
                      CR. G. COPPEL           M
                                   R
THAT: the recommendation be adopted.
                                FI
                                                                           CARRIED
                                                                                9/0
                          N
                   O
             C
      N
U




                                         Page 13
ORDINARY COUNCIL MINUTES                                     10 SEPTEMBER 2012


7.4 UPGRADE OF ERIC HEAD PAVILION AT KINGS PARK, SEYMOUR

Author:         Mary-ann McCue, Recreation Officer
File No:        RE/03/016
Attachment:     Nil
Reference:      Nil



Summary
This report provides an update regarding the Seymour Agricultural Society
proposal to upgrade the Eric Head Pavilion at Kings Park, Seymour, and
recommends that Council provide in principle support to allow the Society to
pursue external funding to undertake this project.




                                                  ED
Background
Kings Park Reserve in Seymour is Council’s largest and most diverse community


                                           M
and sporting facility. It caters for a variety of sporting activities including:
•    Football (inc club gymnasium),
                                 R
•    Cricket,
•
                              FI
     Netball,
•    Cutting horse events,
                        N

•    Riding for the disabled, and
•    Seymour Girl Guides.
                  O



It is also home to events such as the annual Alternative Farming Expo, Seymour’s
annual agricultural show, Relay for Life and the monthly craft and produce market.
             C




The reserve also provides quiet community enjoyment through its free barbecue
and picnic facilities, playground, extensive walking paths and attractive, native
      N




gardens.
U




The Kings Park Reserve Committee Inc. continues to progressively implement the
priorities of the Kings Park Master Plan 2007, to ensure the facility meets the
needs of the community.

Policy Implications
Council’s in principle support of this project is consistent with the 2009-2013
Council Plan, aiming to “Continue to provide high quality recreational and leisure
facilities for our community”.
“Major Upgrade of the Eric Head Pavilion” is also a listed as a high priority project
in the Kings Park Master Plan, which was adopted by Council 28 May 2007.




                                      Page 14
ORDINARY COUNCIL MINUTES                                        10 SEPTEMBER 2012
UPGRADE OF ERIC HEAD PAVILION AT KINGS PARK, SEYMOUR (CONT’D)

Issues
Councillors have been advised (briefing paper 3 August 2012) that the Victorian
Poultry Fanciers Association (VPFA) is required to vacate their premises at the
Royal Melbourne Showgrounds by 2015. The VPFA approached the Seymour
Agricultural and Pastoral Society and the Kings Park Reserve Committee of
Management with a proposal to construct a purpose built facility for relocation of all
their Victorian show events to Kings Park, Seymour.

The groups are very supportive of the proposal and the Seymour Agricultural and
Pastoral Society have taken lead of this project, as it strongly aligns to the
redevelopment needs of their group, as outlined in the Kings Park Master Plan.

The proposal is to develop a new facility to replace the aged Eric Head Pavilion,
and when completed, will accommodate a range of regular events and activities
held by the VPFA, including at least three Victoria wide events and one Australia




                                                        ED
wide event per annum. The pavilion will also be able to be used by other Kings
Park Reserve user groups, including the Seymour Poultry Club and the Seymour
Agricultural and Pastoral Society.



                                                M
On Friday 17 August 2012 a meeting was held with Council officers, Regional
Development Victoria (RDV), the Seymour Agricultural and Pastoral Society, the
VPFA and the Kings Park Reserve Committee of Management. A project proposal
                                    R
was presented, including project scope and preliminary costings. Based on this
discussion, RDV has indicated the project would fit within the scope of the
                                 FI
“Improving Local Infrastructure – Putting Locals First” funding program.
                           N

The Seymour Agricultural and Pastoral Society are driving the planning of this
project and will submit the RDV funding application. It is anticipated that, if RDV
funding is secured, a project management group will be formed including members
                    O



of the Seymour Agricultural and Pastoral Society, VPFA and the Kings Park
Committee of Management.
             C




Financial Resource and Asset Management Implications
       N




This project presents no cost implications to Council. The project is seeking to
secure funds from the RDV Improving Local Infrastructure – Putting Locals First
U




funding program. Funds would also be received (either financial or in-kind) through
contributions from the VPFA, Seymour Agricultural and Pastoral Society and the
Kings Park Reserve Committee of Management.
Removal of the current, aged structure and construction of a new, purpose built
and multi use facility will reduce Council’s overall asset management costs.
The VPFA is a 43 member association, so the overall individual membership is
extremely large. Conducting regular, state wide and Australia wide VPFA events at
Kings Park would result in great economic benefit to the businesses of Seymour
eg. businesses providing accommodation, meals and fuel.




                                           Page 15
ORDINARY COUNCIL MINUTES                                        10 SEPTEMBER 2012
UPGRADE OF ERIC HEAD PAVILION AT KINGS PARK, SEYMOUR (CONT’D)

Environment and Sustainability Implications
The new facility will provide benefits to the built environment and aesthetic of the
Kings Park Reserve. The pavilion would also be connected to the stormwater
system, thus reducing erosion and ground damage during the wet, winter months,
serving to enhance the environmental sustainability of the reserve.

Consultative Procedures
The Seymour Agricultural and Pastoral Society, along with the Seymour Poultry
Club had initially consulted with the Kings Park Committee of Management to seek
their support and endorsement of this project.
The project is fully supported by Council officers and representatives from Regional
Development Victoria.

Conclusion




                                                        ED
The Victorian Poultry Fanciers Association has approached the Kings Park
Reserve Committee of Management with a proposal to construct a purpose built
facility for relocation of all their Victorian show events to Kings Park, Seymour.
After meeting with Regional Development Victoria, the Seymour Agricultural

                                                M
Society will submit a funding application to upgrade the Eric Head Pavilion at Kings
Park. The project will be at no cost to Council and is fully supported by the Kings
                                    R
Park Reserve Master Plan, adopted by Council at its meeting of 28 May 2007.
                                 FI
RECOMMENDATION
                           N

THAT:
1.    Council gives approval to the Seymour Agricultural and Pastoral Society to
                    O



      submit a funding application to RDV for the construction of a multipurpose
      facility to replace the aged Eric Head Pavilion;
             C




2.    Council provides a letter of support to the Seymour Agricultural and Pastoral
      Society to support a future RDV funding application; and
       N




3.    Council remains involved in the project to ensure that the proposed structure
      is in accordance with an approved building style of Council and the
U




      appropriate permits are obtained and relevant building standards and
      specifications are met.


MOVED:                 CR. G. COPPEL
SECONDED:              CR. R. PARKER
THAT: the recommendation be adopted.
                                                                         CARRIED
                                                                              9/0




                                           Page 16
ORDINARY COUNCIL MINUTES                                    10 SEPTEMBER 2012


7.5 BROADFORD OUTDOOR POOL - PROJECT UPDATE

Author:         Travis Heeney, Director Community and Recreation (Acting)
File No:        RE/07/002
Attachment:     Nil
Reference:      Nil



Summary
This report provides an update regarding remedial works undertaken at the
Broadford Outdoor Pool following a recent Council commitment to reopen the pool.




                                                 ED
Background

Over recent years there have been a range of serious issues detected with the
Broadford Outdoor Pool (BOP) which have been conveyed to Council through


                                           M
several reports, including:
•    RJ Ball Report (2006);
                                 R
•    Life Saving Report (2010);
•    WorkSafe entry report (March 2011);
                              FI

•    Powick and Associates report (August 2011).
                        N

These reports detailed safety and condition concerns associated with BOP
including non-compliance with regulations, issues with the handling of dangerous
goods, confined spaces, compromised water quality, and an unsafe work area for
                 O



staff. The Powick and Associates report of August 2011 was commissioned by
Council to determine all possible improvements and associated costs required for
             C




the BOP. This initial cost estimate suggested that up to $720,000 capital
investment was required to repair all identified issues. At the time, Council
      N




assessed this cost as too great and made the decision to close the pool prior to the
end of the summer season in 2010/11. The pool did not open for the 2011/12
U




summer season.

The closure of the pool attracted widespread local community concern resulting in
a petition from the public seeking Council’s commitment to re-open BOP for the
2012/13 summer season and beyond.

In March 2012 an additional specialist report was requested of Powick and
Associates which identified that an allocation of $250,000 would be required to
undertake the minimum works required to ensure that the pool could be opened
safely for the 2012/13 summer season. This budget allocation is a short term
strategy and does not address the longer term structural viability associated with
this pool.




                                      Page 17
ORDINARY COUNCIL MINUTES                                       10 SEPTEMBER 2012
BROADFORD OUTDOOR POOL - PROJECT UPDATE (CONT’D)

Council accepted this recommendation on 14 May 2012 and referred $250,000 for
completion of these minimum works to the 2012/13 budget. It was also moved that
a progress report outlining the status of the Broadford Pool reopening be provided
to Council during the first quarter of the 2012/13 financial year. It was requested
that this Council Report also contain costs for the installation of Solar Heating of
the Broadford Outdoor Pool. These costs have not yet been determined and will
be provided to Council at a later date once the total costs of the remedial works are
known.

To ensure that Mitchell Shire Council is planning appropriately for the long term
provision of aquatic services in the Shire, Council has also allocated $50,000 in the
2012/13 budget for the development of the Mitchell Aquatic Strategy.

Policy Implications
In accordance with the Mitchell Shire Council Plan (2009-2013) reopening BOP is




                                                    ED
consistent with Council’s infrastructure goal of “Develop, maintain and manage the
Shire’s physical assets”.

Issues


                                              M
Prior to the formal 2012/13 Budget endorsement by Council, a range of
investigatory and planning works have been undertaken at the Broadford Outdoor
                                   R
Pool in preparedness for ratification of the $250,000 budget allocation. Officers
have focused on issues which relate to staff safety and the integrity of the pool
                                FI
system and structure.

Completed investigative works
                          N


Description of activity                     Comment
                   O



Removal of concrete concourse To ensure adequate access to the pool
             C



surrounding pool to allow access to pipe network, all concourse was
pool filtration plumbing.           removed.      This allowed visual and
      N




                                    internal checking of all pipe work systems
                                    to determine where breaches may have
                                    occurred. Leak detected in cross pipe.
U




Investigate  pipe  work           utilising As above.
underground camera

Jet blast pipe to clear blockage.           Significant blockages were identified in a
                                            portion of the pipe work and was cleared
                                            utilising specialist plumbing equipment.
                                            These blockages would have hindered
                                            the operation of the pool filtration system.

Removal of unsafe and damaged plant The redundant plant system was the
equipment.                          primary reasoning for Work Safe
                                    requesting that Council close the pool.



                                         Page 18
ORDINARY COUNCIL MINUTES                                      10 SEPTEMBER 2012
BROADFORD OUTDOOR POOL - PROJECT UPDATE (CONT’D)


Removal of tree which invaded pipe.         A tree root adjacent to the plant room had
                                            caused a significant breakage in the PVC
                                            piping resulting in a significant leakage.

Visual inspection of pool shell by Recommended strategies to restore pool
expert consultants.                shell integrity.


Scheduled remedial works

Description of activity                     Comment

Replace discovered asbestos           and Scheduled to occur late August
galvanised pipe work.




                                                    ED
Installation   of    new    drainage Scheduled to occur mid September
surrounding pool in concourse area to
improve safety.

Replace      concrete
surrounding pool.                             M
                              concourse Scheduled to occur late September
                                   R
Repair cracks and expansion joints in Scheduled to occur mid September
                                FI
pool shell and repair tiles in drainage
channel.
                          N

Installation of new hand rails to enter
and exit the pool safely.
                   O



Repaint pool                                Scheduled to occur late September
             C




Install new plant equipment including Manual handling improvement and no
dry chlorine system, Chemtrol dosing need for delivery apron
      N




system, dry acid system.              Scheduled to occur late September
U




Painting to Kiosk and Change Rooms

Removal of Asbestos in Kiosk.




                                         Page 19
ORDINARY COUNCIL MINUTES                            10 SEPTEMBER 2012
BROADFORD OUTDOOR POOL - PROJECT UPDATE (CONT’D)




                                                   ED
                                              M
                                   R
                                FI
                         N
                   O
             C
      N
U




                                         Page 20
ORDINARY COUNCIL MINUTES                                   10 SEPTEMBER 2012
BROADFORD OUTDOOR POOL - PROJECT UPDATE (CONT’D)

Financial Resource and Asset Management Implications
At this stage, it is anticipated that remedial works will be within the allocated
$250,000.

Environment and Sustainability Implications
The remediation works proposed for Broadford Outdoor Pool (BOP) will extend the
use and life of the Council asset. Restoration of BOP will also support the current
social environment.


Consultative Procedures
Several community consultations have occurred during 2012 in relation to the
closure of the Broadford Outdoor Pool (BOP), including;
•




                                                   ED
     Public information session – 29 February 2012 (85 people)
•    Public consultation – 22 March 2012 (29 people)
•    Community group consultation – 29 March 2012 (8 groups including 12 grade
     4,5 & 6’s and 15 year 10, 11 & 12 students)


                                              M
Participants clearly desired for Council to re-open the BOP in time for the 2012/13
summer season.
                                   R
Conclusion
                                FI
The Broadford Outdoor Pool was closed during the 2010/11 summer season and
did not open during the 2011/12 summer season as a result of safety and condition
                         N

concerns. Community concern sought to have the pool reopened for the 2012/13
summer season and beyond. A consultant report was undertaken identifying that
remedial works to the value of $250,000 would be required to achieve the safe
                   O



opening of the pool. Council accepted this recommendation on 14 May 2012.
These remedial works are underway and progressing well.
             C
      N




RECOMMENDATION
U




THAT: This progress report outlining the status of the Broadford Outdoor Pool
remedial works is received and noted.

MOVED:               CR. R. LEE
SECONDED:            CR. D. CALLAGHAN
THAT: the recommendation be adopted.
                                                                        CARRIED
                                                                             9/0




                                         Page 21
ORDINARY COUNCIL MINUTES                                  10 SEPTEMBER 2012
BROADFORD OUTDOOR POOL - PROJECT UPDATE (CONT’D)




AMENDMENT
In accordance with clause 7.6 of Local Law No. 4 – Meeting Procedure.
MOVED:               CR. R. LEE
SECONDED:            CR. D. CALLAGHAN

THAT: the following recommendation be added

1.   An official reopening celebration be held at the pool on the commencement of
     the swimming season.

                                                                        CARRIED
                                                                             9/0




                                                   ED
CHANGE TO ORDER OF BUSINESS



                                              M
In accordance with Division 3, Clause 26 of Local Law No. 4 – Meeting
Procedures.
                                   R
MOVED:               CR. W. MELBOURNE
SECONDED:            CR. G. COPPEL
                                FI
THAT: Council approve a change to the order of business to allow Question Time
to be heard by submitter who is now present.
                         N

                                                                    CARRIED
                                                                            9/0
                   O



Change to Order of Business approved at 7.20pm.
             C




Question Time Item 6.1 – Monument Hill Kilmore, W. Hammond response was
read to those present at the meeting by CEO (Interim) June Dugina at 7.21pm.
      N
U




                                         Page 22
ORDINARY COUNCIL MINUTES                                    10 SEPTEMBER 2012


8. CORPORATE SERVICES
8.1 FINANCIAL PLANNING PRINCIPLES

Author:         Helen Lanyon, Acting Director Corporate Services
File No:        FN/12/012
Attachment:     1. Financial Planning Principles
                2. Loan Borrowing Policy
                3. Financial Reserves Policy
                4. Utilisation of funds from the sale of Council Property
                   Policy

Reference:      Nil




                                                 ED
Summary
It is proposed that the organisation undertake a thorough review of its Long Term
Financial Plan prior to the commencement of the budget process for 2013-2014


                                           M
financial year. In preparation for this process it is proposed that Councillors
consider a set of Financial Planning Principles that will provide a base for the
development of the long term position.
                                 R
Background
                              FI
Council’s 2012-2013 Budget and Strategic Resource Plan were developed within a
difficult environment that arose from changes to key staff including the Chief
                        N

Executive, Director Corporate Services, Manager Finance and a number of other
key staff. The current Strategic Resource Plan reflects the status quo position with
                 O


some amendment for growth and only covers the statutory timeframe of 4 years.

Just before the end of the 2011-2012 financial year, Council was advised that the
             C




Urban Growth Zone would be extended and as a result the Shire’s population will
more than double over a relatively short time frame. In addition, the Council Plan
      N




provides for a number of key policy positions which will be established in 2012-
2013 including Asset Management Plans for Roads and Buildings, a Community
U




Services and Infrastructure Plan, an Open Space Strategy and new standards for
infrastructure and open space.

As a result of these policy shifts, it is prudent to develop a Long Term Financial
Plan that reflects the changes that will occur over the next 15 years. A status quo
plan is no longer appropriate given the level of change that is expected. In
recognition of this, Council at its meeting of 27 August 2012, resolved to develop a
Long Term Financial Plan.




                                      Page 23
ORDINARY COUNCIL MINUTES                                       10 SEPTEMBER 2012
FINANCIAL PLANNING PRINCIPLES (CONTD.)

In developing a Long Term Financial Plan the following issues will need to be
carefully developed, including:
•    Service planning for population change and understanding how the operating
     budget will be impacted.
•    Asset planning for population change and management of existing assets.
•    Planning for donated assets and Developer Contributions.
•    Development of a long term capital works program that provides for renewal
     of existing assets and future needs.
•    Impact of the Defined Benefit Calls.
•    Managing debt and solvency.
•    Estimation of Supplementary Rate Revenue arising from development.
•    Planning the timing of the service delivery changes as the Shire transitions
     from current population through growth and then to a stable higher population




                                                    ED
     level.
•    Balancing the Shire’s financial capacity and community needs and wants.

This is not a simple process and will require skill to balance the community’s wants


                                             M
and needs with a tight financial situation. A considerable effort will be required
across the organisation to gather data and to understand the financial implications.
Development of a plain English document to outline the Long Term Financial Plan
                                     R
is also key – this will enable Offices to explain choices and for Council to set
direction.
                                  FI

A set of numbers for this important task will not be sufficient.
                           N


Policy Implications
                    O


The proposed Long Term Financial Plan will become Council policy and ultimately
replace the current Strategic Resource Plan.
              C




Issues
•     To start the process, it is proposed that Council consider a set of high level
       N




      Financial Planning Principles that will assist Officers in shaping the Financial
      Plan. A draft set of Financial Planning Principles is provided at Attachment 1
U




      for discussion. It is proposed that once adopted, these principles supersede
      the existing policies: Loan Borrowing
•     Financial Resources
•     And any other existing policy or resolution

The Loan Borrowing policy key directives are covered within the Financing
Planning Principles and the access to funds elements should be managed via
Council’s Purchasing Policy. Some elements of the current policy may not be
appropriate, for example tying debt terms to individual assets. It is proposed that
these details be considered in the draft Long Term Financial Plan where flexibility
may be required to manage the finances through the transition phase. The
existing policy is provided at Attachment 2.



                                         Page 24
ORDINARY COUNCIL MINUTES                                     10 SEPTEMBER 2012
FINANCIAL PLANNING PRINCIPLES (CONTD.)

The Financial Reserves Policy does not reflect current accounting practice and has
been raised by the Auditor General’s representative in the most recent
management letter. The principles propose that only the statutory reserves are
maintained and that Council manage its finances using its budget system rather
than a “biscuit tin” reserves approach of dividing funds amongst some specific
issues. The existing policy is provided at Attachment 3.

In 2008, Council adopted the Utilisation of Funds from the Sale of Council Property
Policy which meant that funds from land sales were to be spent in the area from
which the sales came. This is now covered by Principle 7 "Property Holdings
Principle".

It is important that the Financial Planning Principles become the foundation for the
Long Term Financial Plan. Therefore, these Financial Planning Principles must
separate previous policies and resolutions of Council.




                                                   ED
It is proposed that Council receive regular briefing on the development of the
Financial Plan. Key components of the Council Plan in 2012-2013 will be
progressively reported to Council has these are Corporate Plan actions for 2012-
2013. As information becomes available and plain English text is developed


                                             M
Council can informally consider options available and the Long Term Financial
Plan can be built.
                                     R
Financial, Resource and Asset Management Implications
This paper outlines the development of Council’s Long Term Financial Plan.
                                  FI

Environment and Sustainability Implications
                           N

The proposed Long Term Financial Plan will indicate how Council will address in
financial terms the environment and sustainability.
                    O



Consultative Procedures
              C




Regular consultation with Council is proposed as part of the development of the
Long Term Financial Plan.
       N




Conclusion
U




Mitchell Shire is facing a period of unprecedented growth. This will put
considerable pressure on resources, particularly the finances of Council. For these
reasons, it is vitally important that Council develop a Long Term Financial Plan, as
resolved by Council on 27 August 2012.

A long term financial plan is built on principles and these principles form the
foundation of a long term financial plan. It is therefore important that Council adopt
a set of financial planning principles.




                                         Page 25
ORDINARY COUNCIL MINUTES                                    10 SEPTEMBER 2012
FINANCIAL PLANNING PRINCIPLES (CONTD.)

RECOMMENDATION

THAT:
1.    Council adopt the Financial Planning Principles in Attachment 1.

2.    In adopting the Financial Planning Principles, Council note that they
      supersede all previous financial planning policies and resolutions including
      the existing:
      a.   Loans Borrowing Policy
      b. Financial Reserves Policy
      c.   Utilisation of Funds from the Sale of Council Property Policy

3.    The Long Term Financial Plan and the Financial Planning Principles be
      reviewed by Council annually prior to each budget process.




                                                   ED
MOVED:                 CR. W. MELBOURNE
SECONDED:              CR. G. COPPEL
THAT: the recommendation be adopted.

                                             M                           CARRIED
                                                                              9/0
                                     R
AMENDMENT
                                  FI
In accordance with clause 7.6 of Local Law No. 4 – Meeting Procedure.
MOVED:                 CR. W. MELBOURNE
                           N

SECONDED:              CR. R. LEE
THAT: Attachment 1 Financial Planning Principles, Clause 7 Property Holdings
                    O



Principle; paragraph 3 be amended from “area” to “town”.
                                                                   CARRIED
              C




                                                                         9/0
       N
U




                                         Page 26
ORDINARY COUNCIL MINUTES                                    10 SEPTEMBER 2012


8.2   FRAUD PREVENTION

Author:         Dwight Graham, Director Corporate Services
File No:        GV/01/007
Attachment:     1.    Executive Summary
                2.    Proposed Changes to Fraud Policy
                3.    Proposed New Fraud Policy
Reference:      Nil


Summary
In June 2012 the Victorian Auditor-General’s office issued a report on Fraud
Prevention Strategies in Local Government and this report outlines Council’s




                                                 ED
response to that report.

Background
The Auditor General’s report lists the key elements of an effective fraud control
framework as follows:
•
                                           M
     A fraud control plan documenting an entity’s fraud prevention, detection and
     response initiatives.
                                 R
•    Periodic and comprehensive assessment of an entity’s fraud risks.
•    Documented policies and procedures for dealing with suspected fraud,
                              FI
     including protection for whistleblowers.
•    A sound ethical culture supported by a code of conduct.
•
                        N

     Regular fraud awareness training to maintain staff awareness of related
     policies and procedures.
•
                 O


     Internal audits of the effectiveness of fraud controls and of related
     procedures.
•    Dedicated controls for activities with a high fraud risk.
             C




A copy of the Executive Summary of the Auditor General’s report is provided at
      N




Attachment 1.
U




Council Officers have reviewed existing policy and procedure and noted Council’s
policy is sound and only a minor change is proposed to the existing Fraud
Management Policy and Procedure. Officers have also been working on a number
of system improvements to enhance Council’s internal control systems and internal
audit program.

Some of the recent improvements include an upgrade to Council’s Finance system
with associated improvements to control and checking systems, broadening the
internal audit program to include data mining of financial transactions, annual cash
handling audit and enhancing the audit universe to broaden the audit program.

To further enhance the existing Fraud Management Policy and Procedure it is
proposed to introduce a Fraud Control Group. This Group of senior Officers will
meet quarterly and actively consider Fraud Prevention and how it may be
enhanced in Council’s operation.

                                      Page 27
ORDINARY COUNCIL MINUTES                                    10 SEPTEMBER 2012
FRAUD PREVENTION (CONTD.)

Policy
Council has an existing Fraud Management Policy and Procedure and it is
proposed that this policy be enhanced by the addition of a Fraud control Group.
The Fraud Control Group’s activities will be reported annually to the Audit
Committee. Details of the proposed policy change are outlined at Attachment 2.

Issues
Council’s response to the Auditor General’s framework is outlined below.
•   Fraud Control Plan - This is outlined within Council’s existing Fraud
    Management Policy and Procedure.
•   Risk Assessment – Considered by the Audit Committee in preparation of the
    internal audit program, considered by the Manager Finance as part of his
    update of the organisation’s risk register and in the future by the Fraud




                                                 ED
    Control Group at its quarterly meetings.
•   Suspected Fraud Policies - These are outlined within Council’s existing Fraud
    Management Policy and Procedure and Whistleblower Protection Policy
•   Ethical Culture – Council’s Code of Conduct is clear in expectation of

•
    Councillors and staff.
                                          M
    Regular Fraud Awareness Training – The Manager Finance will conduct
                                R
    awareness training for the Senior Management Group at its meeting on
    24 August 2012 and the Fraud Control Group will continue to actively identify
                             FI
    and pursue training opportunities.
•   Internal audits – The current audit program includes payroll and accounts
                            N

    payable data mining and a cash handling audit is proposed. The draft
    forward audit program also includes annual financial transactions data mining
                   O


    and cash handling audits.
•   Dedicated controls - Recent improvements to the financial system by the
             C




    Manager Finance have strengthened Council’s internal controls. Purchasing
    Policy and procedures have been recently reviewed. Further improvements
      N




    are proposed through system upgrades and a review of all Finance policies in
    the current year.
U




Financial, Resource and Asset Management Implications
A strong fraud prevention and internal control system is vital to the protection of
Council’s financial position.

Environment and Sustainability Implications
There are no environment and sustainability implications.

Consultative Procedures
It is proposed to seek feedback from the Audit Committee on the proposed
amendments to the Fraud Management Policy and Procedure before returning this
policy to Council for adoption.



                                      Page 28
ORDINARY COUNCIL MINUTES                                   10 SEPTEMBER 2012
FRAUD PREVENTION (CONTD.)



RECOMMENDATION

THAT:
1.   Council note the response to the Auditor General’s Fraud Prevention
     Strategies in Local Government.

2.   Adopt the updated Fraud Policy (with Charter attached).


MOVED:                CR. G. COPPEL
SECONDED:             CR. R. PARKER
THAT: the recommendation be adopted.
                                                                        CARRIED




                                                 ED
                                                                             9/0

AMENDMENT



                                          M
In accordance with clause 7.6 of Local Law No. 4 – Meeting Procedure.
MOVED:                CR. R. PARKER
                                R
SECONDED:             CR. D. CALLAGHAN
THAT: Council recognise the effort of Mrs H. Lanyon and Mr D. Graham on this
                             FI
item and have a minute of appreciation recorded. That a letter of appreciation also
be sent to both on behalf of Council.
                            N


                                                                        CARRIED
                                                                             9/0
                   O
             C
      N
U




                                      Page 29
ORDINARY COUNCIL MINUTES              10 SEPTEMBER 2012


9. ENGINEERING & INFRASTRUCTURE
NIL REPORTS




                                     ED
                               M
                        R
                     FI
                 N
              O
        C
    N
U




                           Page 30
ORDINARY COUNCIL MINUTES                                   10 SEPTEMBER 2012


10.    EXECUTIVE SERVICES & GOVERNANCE
10.1 ASSEMBLY OF COUNCILLORS

Author:           June Dugina, (Interim) Chief Executive Officer
File No:          CL/04/013-02
Attachment:       Record of Assemblies of Councillors
Reference:        Nil


Summary
This report provides records of assemblies of Councillors that have occurred since
the last Council meeting.




                                                 ED
Background
The Local Government Act 1989 requires assemblies of councillors to form part of
the Council minutes.

Policy Implications
                                          M
                                R
This report is consistent with the Local Government Act 1989.
                             FI
Issues
The records of Assemblies of Councillors since the last Council meeting are:
                        N


•     27 August 2012 – Informal Councillor Discussion
                  O


•     3 September 2012 – Strategy Session
             C




RECOMMENDATION
      N




THAT: Council receive and note the records of the Assembly of Councillors
received since the last Council meeting.
U




MOVED:              CR. D. CALLAGHAN
SECONDED:           CR K. MULRONEY
THAT: the recommendation be adopted.
                                                                        CARRIED
                                                                             9/0




                                     Page 31
ORDINARY COUNCIL MINUTES                                     10 SEPTEMBER 2012


11.    SUSTAINABLE DEVELOPMENT
11.1 DRAFT SPONSORSHIP POLICY (SPONSORSHIP BY                              PRIVATE
     COMPANIES ON COUNCIL PROPERTY/PUBLIC EVENTS)

Author:         Kerrie Birtwistle, Director Sustainable Development
File No:        GV/01/004-04
Attachment:     Draft Policy


Summary
This report recommends the adoption of a policy that will manage the process of
seeking sponsorship by private companies for Council property/facilities or public




                                                  ED
events.

Background
Council has a range of responsibilities to deliver services and programs under


                                            M
relevant legislation and policies. To enhance, vary or reduce the cost of current
activities, Council may enter into sponsorship agreements. Sponsorship can be
advantageous for all parties, however Council must ensure all sponsorship
                                  R
agreements do not compromise or question the integrity of Council operations.
                               FI
Both metropolitan and regional councils have adopted policies that seek to source
sponsorship from private individuals or organisations to supplement their existing
funding sources.       Sponsorship is a commercial arrangement in which an
                        N


organisation or individual provides a contribution in money or kind to support a
Council activity in return for certain specified benefits.
                  O



Sponsorship does not include, and this policy does not apply to:
•
            C



    Joint ventures
•   Grants, gifts or donations.
      N




Policy Implications
U




A draft Sponsorship Policy (Sponsorship by Private Companies on Council
Property/Public Events) has now been developed. The draft policy sets out
guidelines for Council to accept or refuse sponsorship of its activities and events by
individuals, organisations and corporations external to Council. The draft policy
lists the types of sponsorship that may be accepted, the types of organisations
from which sponsorship may be accepted, the types of events for which
sponsorship may be accepted and the types of events for which it will be refused
and procedures.

Issues
Many Councils are now interested in developing sponsorship arrangements that
will provide additional resources to the community.




                                       Page 32
ORDINARY COUNCIL MINUTES                                          10 SEPTEMBER 2012
DRAFT SPONSORSHIP POLICY (PRIVATE COMPANIES ON COUNCIL PROPERTY/PUBLIC EVENTS) (CONT’D)

These arrangements are of value to Council only if they provide funding over and
above the normal operational funds that Council has available, and do not, at the
end of the sponsorship, leave Council in a position where it needs to fund new
activities from its operational funds.

Often, it is the private sector that can provide additional funds and expertise to
ensure that Council can provide a better service to its community than would
otherwise be possible.

Organisations or individuals may choose to support Council activities through
sponsorship for many reasons, eg. out of a sense of social responsibility, because
of the goodwill that may enhance their public profiles and businesses generally, or
the opportunities that sponsorship provides for marketing and advertising.

However, it is fundamental that the public should also perceive that Council’s




                                                       ED
decisions on sponsorship are made objectively, for the public benefit and without
corruption.

It is recommended that Council begin to actively seek opportunities to work with


                                               M
both local and national organisations by identifying sponsorship opportunities of
mutual benefit and which are in keeping with Council’s strategic priorities and core
values.
                                    R
While it is recommended that Council welcome any opportunities to work in such
                                 FI
partnerships, it should not put itself in a position where it might be said that such a
partnership has or might have or may be thought to have:
                          N

•    influenced the Council or its officers in carrying out its statutory functions in
     order to gain favourable terms from the Council in any business or other
                   O


     agreement

•
             C



     aligned the Council with any organisation which conducts itself in a manner
     which conflicts with our Values
       N




Council has a range of responsibilities to deliver programs and services under a
wide range of legislation. It also produces events which contribute to the vibrant
U




cultural life of Mitchell and are generally free to the public. By seeking and
receiving sponsorship, additional resources could be provided to support specific
activities or programs. In addition, the success and public exposure of an activity
can be enhanced by sponsorship providing better visitor experiences.

Financial Resource and Asset Management Implications
Through sponsorship, Council can enhance, extend or reduce the cost of current
activities or programs or develop new ones. This is consistent with the Council
Plan Objective 2 which seeks to provide a diverse range of arts, cultural and
heritage experiences and opportunities utilising a variety of approaches.

Environment and Sustainability Implications
There are no environment or sustainability implications as a result of this policy.


                                          Page 33
ORDINARY COUNCIL MINUTES                                          10 SEPTEMBER 2012
DRAFT SPONSORSHIP POLICY (PRIVATE COMPANIES ON COUNCIL PROPERTY/PUBLIC EVENTS) (CONT’D)

Conclusion
This policy establishes a clear set of guidelines for Council and its staff that must
be applied when sourcing and negotiating sponsorship for events, programs and
activities.

This Policy applies to all incoming sponsorships received by Council. It does not
apply to outgoing grants and sponsorships given by Council. The Policy outlines:

•    what sponsorships Council will and will not undertake;

•    the responsibilities of all parties involved in a sponsorship arrangement in
     order to ensure there is neither conflict of interest nor negative impact on
     Council’s reputation or probity;

•    the process for attracting sponsors; and




                                                       ED
•    the sponsorship approval process.

The existence of this policy will assist to ensure that sponsorship is managed in an
open and transparent manner.
                                               M
                                    R
RECOMMENDATION
                                 FI
THAT: Council adopt the draft Sponsorship Policy (Sponsorship by Private
Companies on Council Property/Public Events).
                          N
                   O



The resolution for Item 11.1 is found at the end of this section.
             C
       N
U




                                          Page 34
ORDINARY COUNCIL MINUTES                                    10 SEPTEMBER 2012


11.2 PROPOSED NEW PLANNING ZONES FOR VICTORIA – COUNCIL
     SUBMISSION

Author:         Tim Long, Strategic Planner
File No:        PL/09/001
Attachment:     Draft Council Submission



Summary
In July 2012, the Minister for Planning announced proposed changes to Victoria’s
planning zones. The proposed changes are widespread, involving the introduction
of five new zones, the deletion of 9 existing zones, and changes to 12 other
existing zones. There are a number of significant policy implications for Council if




                                                 ED
these changes to planning zones proceed. The Minister has invited submissions to
the proposed changes until 21 September 2012. It is recommended that Council
forward a submission outlining the key issues and concerns as outlined in the
Council Report and within the draft submission attached.

Background
                                           M
                                 R
A review of the Victorian planning zones was a commitment of the Liberal
Opposition’s “Plan for Planning” when it contested and won the 2010 State
                              FI
Election.

In July 2012, the Minister for Planning exhibited a set of proposed changes to
                        N

Victoria’s planning zones. The proposed changes are widespread, involving the
introduction of five new zones, the deletion of 9 existing zones, and changes to 12
                 O


other existing zones.

The Minister has invited submissions on the proposed reforms. Submissions are
            C




due by 21 September 2012. A draft submission for Council endorsement is
attached to this report.
      N




The previous State Government released draft new residential zones and
U




undertook consultation on these but the process was not concluded before the
change of government occurred. The current review made reference to these
proposals however includes a far more extensive suite of changes that are likely to
have significant impacts for Council.

Policy Implications
There are a number of significant policy implications if these changes to zones
proceed. In particular, the changes in zones would permit a greater range of uses
and development to be applied for. This has a policy implication as Council’s
current Planning Scheme does not contain sufficient policy to guide decision
making on these uses which are currently under tighter regulation from the existing
zones.




                                      Page 35
ORDINARY COUNCIL MINUTES                                          10 SEPTEMBER 2012
PROPOSED NEW PLANNING ZONES FOR VICTORIA – COUNCIL SUBMISSION (CONT’D)

Issues

The Proposed Reforms

The table below provides an overview of the reforms.

Zone                               Overview of Changes

Residential
Residential 1, 2 and 3 Zones       To be deleted

General Residential Zone      New zone. Based on Residential 1 Zone. Looser
                              restrictions on non-residential uses.
Residential Growth Zone       New zone. Encourages growth and density.
Neighbourhood Residential New zone. Restricts growth and density.




                                                      ED
Zone
Low Density       Residential Minor changes.
Zone
Township Zone                 Minor changes.
Mixed Use Zone

                                               M
                              Looser restrictions, encourages mixed use and
                              density.
                                    R
Commercial
Business 1, 2 and 5 Zones          To be deleted
                                 FI
Commercial 1 Zone                  New zone. Replaces Business 1 and 2 Zones.
                                   Fewer restrictions.
                          N

Business 3 and 4 Zones             To be deleted
Commercial 2 Zone                  New zone. Replaces Business 3 and 4 Zones.
                   O



Industrial
Industrial 1, 2 and 3 Zones        Minor changes.
             C




Rural
       N




Farming Zone                       Substantial changes – fewer restrictions.
Rural Activity Zone                Substantial changes – fewer restrictions.
U




Rural Conservation Zone            Substantial changes – fewer restrictions.
Rural Living Zone                  Minor changes and reduced minimum lot size.

Other Zones
Green Wedge and Green Not in use in Mitchell Shire.
Wedge A Zone
Priority Development Zone Not in use in Mitchell Shire. To be deleted.




                                          Page 36
ORDINARY COUNCIL MINUTES                                          10 SEPTEMBER 2012
PROPOSED NEW PLANNING ZONES FOR VICTORIA – COUNCIL SUBMISSION (CONT’D)

Draft Submission (attached)

It is proposed to prepare and lodge a submission on behalf of Council in response
to the changes. The draft submission identifies key issues and concerns for
Mitchell Shire, provides comments on specific changes to the zones and makes
recommendations for improvement.

In summary, officers consider the key issues and concerns for Mitchell Shire to
include:

•    The proposed range of new uses which permits can be applied for in rural
     zones – including industry, retail, schools, trade supplies, etc.

      o    Strategic farming land, town boundaries, environmentally sensitive
           areas and industrial areas would all lose definition and protection as a




                                                      ED
           result.
      o    Making such significant changes to the rural zones will cause the zones
           to no longer communicate the policy that the Council intended to
           express.
      o

                                               M
           The new Section 2 uses will in many cases not be guided by existing
           local policy, which has not has not been developed to respond to them.
                                    R
•    Changes to the provisions in the Rural Zones relating to the creation of lots
     smaller than the specified minimum lot size. The changes propose to delete
                                 FI
     the current requirement for a land owner to enter into a Section 173
     Agreement in particular circumstances when subdividing their land. The
     removal of the requirement for a S173 Agreement would create a loophole
                          N


     that would allow land owners to create increased numbers of small lots over
     time. This would undermine the minimum lot size provisions of the rural
                   O



     zones, which ensure that land is used at appropriate densities in accordance
     with the purpose of the zones and in accordance with the capacity of
             C




     infrastructure and services in rural areas.

•
      N




     The introduction of as-of-right commercial uses in the General Residential
     Zone. The additions will severely reduce the effectiveness of plans for town
     centres. Planning Schemes will have less power to direct growth of centres in
U




     the intended directions and likewise to restrict change in areas identified for
     low change. The changes could also see small ‘local’ shopping strips spread
     in an unplanned fashion over time.

•    Given the extent and significant implications of the proposed reforms, the
     State Government’s consultation period and program is considered
     insufficient.

•    Council has not been informed of how the revised zones will be implemented.
     Careful consideration of the translation process and impact of the new zones
     needs to be undertaken, including the land uses and suitability for these
     areas prior to their implementation.




                                          Page 37
ORDINARY COUNCIL MINUTES                                          10 SEPTEMBER 2012
PROPOSED NEW PLANNING ZONES FOR VICTORIA – COUNCIL SUBMISSION (CONT’D)

Financial Resource and Asset Management Implications
The proposed changes if implemented will add to the urgency of the planning
policy projects which are recommended in Council’s adopted Planning Scheme
Review report. Planning policies will need to respond to the new permit
applications made possible by new permissions allowed in the reformed zones.
Planning Scheme Amendments will be required to implement new policies as well
as introduce some of the new zones. This work will have financial implications for
Council.

Environment and Sustainability Implications
The proposed changes to rural zones could see an increase in urban-type
development in rural areas. Existing policy and controls may not be sufficient to
ensure that developments are suited to the environment they are proposed to be
located in.




                                                      ED
The proposed changes may lead to greater dispersion of development beyond
town edges because permit applications for a range of urban uses including
schools, industry and retail will be allowed on rural land outside town boundaries.


                                               M
This would increase the footprint of town areas in an uncoordinated way and
possibly to the detriment of the local environment.
                                    R
Consultation
Given the extent and significant implications of the proposed reforms, the State
                                 FI
Government’s consultation period and program is considered insufficient. The
consultation period provided by State Government does not allow sufficient time to
                          N

engage in consultation with the community or stakeholders in relation to the
proposed zone changes. Council’s submission should request that the consultation
program is expanded to allow for full consideration of the reforms and community
                   O



input to Council’s submission.
             C




Conclusion
The implementation of the Reformed Zones for Victoria will have extensive
      N




implications for land use and development in Mitchell Shire. For this reason officers
have prepared a draft Submission (attached) for the Minister for Planning as
U




outlined in this Council report.

RECOMMENDATION

THAT: Council forward a submission to the Reformed Zones for Victoria process
which outlines Mitchell Shire’s key concerns and commentary on the proposed
changes consistent with the attached draft submission and as outlined in this
Report.

MOVED:                CR. R. LEE
SECONDED:             CR. D. CALLAGHAN
THAT: the recommendation be adopted.
                                                                           CARRIED
                                                                                9/0

                                          Page 38
ORDINARY COUNCIL MINUTES                                   10 SEPTEMBER 2012


11.3 PROPOSED PLANNING SCHEME AMENDMENT                          TO    IMPROVE
     MANDALAY ESTATE PLANNING CONTROLS

Author:        Tim Long, Strategic Planner
File No:       PL/09/012
Attachment:    Amendment documentation


Summary
This report recommends that Council prepare and seek authorization to exhibit an
amendment to the Mitchell Planning Scheme that specifically only applies to the
Mandalay Estate in Beveridge. The existing Mandalay Estate planning controls
have two significant shortcomings which are proposed to be corrected. A Planning




                                                ED
Scheme amendment is required to correct these shortcomings. Other minor
corrections will be made by the amendment. The proposed Amendment is minor in
nature and will have no significant impact on any landowners or occupiers. It is
recommended that Council request that the Minister for Planning carry out a
Planning Scheme Amendment to make the changes under Section 20(4) of the

                                          M
Planning and Environment Act which allows exemptions from exhibition
requirements.
                                R
Background
                             FI
The Mandalay Estate concept dates to the 1990s. The estate was initially intended
to host a championship level golf course and associated functions and apartments
along with general residential areas. To facilitate the development, the land was
                       N


rezoned by the State Government in 1998 under the old format Mitchell Planning
Scheme.
                 O



Since the introduction of the new format Planning Scheme in 1999, the land has
           C




been located within the Comprehensive Development Zone (CDZ), the purpose of
which is to allow for uses and development in accordance with a specific
      N




Comprehensive Development Plan. The CDZ Schedule 2 contains tailored
planning controls specifically for Mandalay. The associated (Beveridge)
Comprehensive Development Plan (CDP) includes a detailed concept plan as well
U




as a list of the community and development infrastructure to be provided by the
developer, along with other obligations.

The intentions for Mandalay have evolved since the 1990s. The central features of
the most recent (2011) approved layout plan for the estate are a recreational golf
course, a range of housing types and some community facilities and retail.
Mandalay is approximately 250 hectares in size. It abuts the very low density part
of Beveridge to its west. The first stages of the development are constructed and
occupied. The golf course and further residential stages are under construction.




                                     Page 39
ORDINARY COUNCIL MINUTES                                       10 SEPTEMBER 2012
PROPOSED PLANNING SCHEME AMENDMENT TO IMPROVE MANDALAY ESTATE PLANNING CONTROLS (CONT’D)

While the Beveridge CDP remains in its original form, the layout plan for Mandalay
has changed a number of times in line with these changes in intention. These
changes have been approved under the provisions of Schedule 2, Section 2 – Use
of Land, which allows for the plan to be amended providing the Responsible
Authority (Council) is satisfied.

Policy Implications
The proposed amendment would not affect Council’s broader planning policy
framework. The changes would improve and clarify the planning framework and
procedures for the Mandalay estate.

Issues
Council’s Strategic Planning and Environment Department has identified that the
existing planning controls for the Mandalay estate have two significant




                                                    ED
shortcomings which it is proposed to correct promptly. A Planning Scheme
amendment is required for this to occur.

The two improvements and other minor changes are discussed below. The draft
amendment documentation is also attached.

                                             M
Planning requirements for single dwellings on standard or large lots
                                  R
Schedule 2 to the CDZ does not require a permit for buildings and works
                               FI
associated with any as-of-right land use (e.g. dwellings) if a Development Plan is
approved instead. This was intended to simplify planning assessments for
buildings within the estate, but in the case of single dwellings it introduced an
                         N

unnecessary additional assessment. The residential areas of the Mandalay estate
are essentially standard residential areas, and the comparable requirements in the
                  O


Residential 1 Zone do not require permits or development plans for single
dwellings on lots of more than 300 square metres. Consistent with the Residential
1 Zone, the building permit process ensures that the dwellings meet the provisions
            C




of Rescode. Officers consider that there are no conditions at Mandalay that justify
this greater than usual planning requirement. The burden of the additional planning
      N




step on both applicants and Council is considerable.
U




Officers therefore propose to remove the requirement for Development Plans for
single dwellings on lots of over 300 square metres via a planning scheme
amendment. This makes the process consistent with all other residentially zoned
land in Mitchell.

Introducing a more appropriate general framework

An effective Comprehensive Development Zone schedule allows for three or more
levels of detail in the planning of an estate. The top level – the Comprehensive
Development Plan within the Planning Scheme - should be a general framework
only, with indications of land uses, natural features and the transportation network.
The second level should be a master plan with an intermediate level of detail which
is approved by Council and sits outside the Planning Scheme. The third level
should be the detailed subdivision and planning permit applications.


                                        Page 40
ORDINARY COUNCIL MINUTES                                       10 SEPTEMBER 2012
PROPOSED PLANNING SCHEME AMENDMENT TO IMPROVE MANDALAY ESTATE PLANNING CONTROLS (CONT’D)



Instead of the top level’s general framework, the existing Beveridge
Comprehensive Development Plan (CDP) features a master plan of the estate as it
was envisioned in 1998. This includes considerable detail which is not required in a
general framework. The CDP details are no longer related to those in the
intermediate layout plan, and the CDP provides little relevant guidance for
decisions about planning matters in the estate. In the administration of this
Schedule, it has been found by Council and the estate’s representatives that the
CDP allows too little flexibility for effective neighbourhood and local area design.
The CDP can only be changed by a Planning Scheme Amendment.

It is therefore proposed to replace the existing plan in the CDP with a new plan.
The new plan would contain a general framework of the estate which reflects the
currently approved layout and would be less detailed than the existing plan.
Because of the additional layers of planning approval, a more general plan will not




                                                    ED
result in more flexibility than is currently allowed at Mandalay. It will simply ensure
that future planning approvals are less likely to be inconsistent with the CDP.

It is also proposed to define the “Mandalay Layout Plan” within the CDZ. This


                                             M
would be the intermediate level layout plan to show the approximate arrangement
of all land uses and development within the estate. This definition would provide a
clearer mechanism for the approval of intermediate layout plans in future by
                                  R
Council. The 2011 layout plan is an approved layout plan. The CDZ will continue to
require that layout plans can only be amended to the satisfaction of Council.
                               FI
Minor changes
                         N

In conjunction with these corrections, the opportunity would be taken to make
minor, predominantly policy-neutral changes, including changing obsolete titles and
                  O


references to the estate, improving expression and clarifying existing processes.
The obsolete requirements for on-site sewage treatment will be removed because
Mandalay has been connected to the off-site sewerage network and no on-site
            C




facility is proposed. ‘Retirement village’ and ‘residential aged care’ were prohibited
and will become uses for which a permit application can be made. This makes
      N




possible the provision of appropriate housing for future older residents. ‘Paintball
games facility’ and ‘zoo’ will become uses for which a permit application can be
U




made to ensure proper consideration should an application for either of these uses
arise. They are currently as-of-right uses.

Amendment process

This amendment would be correctional in nature and would have little to no
material impact on landowners and occupiers beyond that allowed by the existing
controls. In fact it would remove an unnecessary step in the planning process
which currently requires owners of house lots to seek approval of a Development
Plan for their houses prior to any building permit being able to be issued.




                                        Page 41
ORDINARY COUNCIL MINUTES                                       10 SEPTEMBER 2012
PROPOSED PLANNING SCHEME AMENDMENT TO IMPROVE MANDALAY ESTATE PLANNING CONTROLS (CONT’D)

Section 20(4) of the Planning and Environment Act 1987 (“the Act”) states that
“The Minister may exempt himself or herself from any of the requirements of
sections 17, 18 and 19 and the regulations in respect of an amendment which the
Minister prepares, if the Minister considers that compliance with any of those
requirements is not warranted...”
Sections 17, 18 and 19 of the Act set out the normal process for exhibition and
consultation on a Planning Scheme Amendment. The Section 20(4) process is
often used for amendments that are administrative or correctional in nature and
that have little to no detrimental impact on any stakeholders.

Section 20(1) of the Act states that “a planning authority may apply to the Minister
to exempt it from any of the requirements of Section 19 or the regulations in
respect of an amendment.” This would reduce standard exhibition requirements to
a minimum and is recommended as an alternative means to carry out this
amendment.




                                                    ED
Financial Resource and Asset Management Implications
Under the Planning and Environment (Fees) Interim Regulations 2011, standard
fees in the order of $2,120 are anticipated to be charged by the Minister for


                                             M
Planning’s office for undertaking the amendment.

Once implemented the changes to the Development Plan requirements would
                                  R
result in significantly reduced staff time spent assessing Development Plans.
                               FI
Environment and Sustainability Implications
The changes are to planning processes and there are no significant environmental
                         N

or sustainability implications.
                  O


Consultation
The amendment is minor and will have no significant effect on any landowner or
            C




occupier. The Growth Areas Authority and Mandalay estate representatives have
given support to the amendment. As such, it is proposed to carry out the
      N




amendment without exhibition in accordance with Section 20(4) or Section 20(2) of
the Act.
U




Conclusion
Two significant shortcomings of the planning controls for the Mandalay estate can
be removed by the proposed Planning Scheme Amendment. Other minor
corrections will also be made by the amendment. It is proposed to request that the
Minister for Planning carry out the amendment under the provisions of Section
20(4) of the Planning and Environment Act 1987 to streamline the changes.




                                        Page 42
ORDINARY COUNCIL MINUTES                                       10 SEPTEMBER 2012
PROPOSED PLANNING SCHEME AMENDMENT TO IMPROVE MANDALAY ESTATE PLANNING CONTROLS (CONT’D)

RECOMMENDATION

THAT:

1.      Council write to the Minister for Planning to request a Planning Scheme
        Amendment to the Mitchell Planning Scheme under the provisions of
        Section 20(4) of the Planning and Environment Act 1987 and consistent with
        the amendment documentation attached to this report.

2.      If the Minister for Planning does not agree to carry out the amendment
        under Section 20(4) of the Act, Council requests authorisation to carry out
        the Planning Scheme amendment with exemptions from exhibition under the
        provisions of Section 20(1) of the Planning and Environment Act 1987.




                                                    ED
The resolution for Item 11.3 is found at the end of this section.




                                             M
                                  R
                               FI
                         N
                  O
             C
      N
U




                                        Page 43
ORDINARY COUNCIL MINUTES                                    10 SEPTEMBER 2012


11.4 VICTORIAN CIVIL & ADMINISTRATIVE TRIBUNAL HEARINGS &
     ACTIVITIES CARRIED OUT UNDER DELEGATION

Author:        Paul Wood, Statutory Planning Coordinator
File No:       CL/04/004-01
Reference:     Nil


Summary
The following is a summary of the current Victorian Civil and Administrative
Tribunal (VCAT) proceedings.

Planning & Development




                                                 ED
Victorian Civil and Administrative Tribunal (VCAT) Hearings Update
Proposal                       Appealed By                 Hearing Update

Appeal No. P2425/2011          Application for Review at A hearing is scheduled
P306471/11
To use and develop the
land for a dwelling at 1465               M
                               VCAT has been made by for
                               the applicant following 2012.
                               Council Refusal.
                                                              17     September
                                  R
Wallan Whittlesea Road
Upper Plenty
                               FI
Appeal No. P3909/11            Application for Review at   An order was received
P306552/11                     VCAT has been made by       varying      Council’s
Use and development of         the objectors following     decision allowing a
                       N


the land for a place of        Council’s decision to       planning permit for a
worship and a reduction in     issue    a    Notice   of   restricted place of
                 O



the       car       parking    Decision to Grant a         assembly with a cap
requirements              in   Permit.                     on attendees of 20.
             C




accordance with endorsed
plans at
      N




22 Dempsey Road
Seymour
U




Appeal No. P3494/11            Application for Review at An appeal has been
P306570/11                     VCAT has been made by scheduled      for  18
To use and develop the         the applicant following September 2012.
land for the purpose of a      Council Refusal.
dwelling at 4B Station
Street
Seymour




                                      Page 44
ORDINARY COUNCIL MINUTES                                     10 SEPTEMBER 2012
VCAT HEARINGS AND MITCHELL PLANNING SCHEME UPDATE (CONT”D)



 Appeal No. P3495/11             Application for Review at An appeal has been
 P306720/11                      VCAT has been made by scheduled      for  18
 To use and develop the          the applicant following September 2012.
 land for the purpose of a       Council Refusal.
 dwelling at 12 Crawford
 Street
 Seymour
 Appeal No. P99/2012             Application for Review at An appeal has been
 P306659/11                      VCAT has been made by scheduled      for  19
 To subdivide the land into      the applicant following September 2012.
 two lots at                     Council Refusal.
 1125 Sugarloaf Creek
 Road
 Sugarloaf Creek




                                                      ED
 Appeal No. P1098/2012           Application for Review at To be advised
 P306622/11                      VCAT has been made by
 Two lot subdivision and         the applicant following
 removal of a restrictive        Council Refusal.
 covenant at 15 Mathiesons
 Road, Wandong
 Appeal No. P1252/2012                         M
                                 Application for Review at An appeal has been
                                   R
 P304607/06                      VCAT has been made by scheduled      for  16
 Buildings and works for the     the objectors following October 2012.
                                FI
 construction of a single        Council’s decision to
 storey building for use as      issue    a    Notice   of
 shops and offices (bank),       Decision to Amend a
                          N


 and a variation to the          Permit.
 loading bay requirements
                   O



 of the Mitchell Planning
 Scheme        at     56-58
             C




 Wellington Street, Wallan
 Appeal No. P1439/2012           Application for Review at A date for a Hearing
      N




 P306247/10                      VCAT has been made by has not yet been set.
 Use and development of          the objectors following
 the land for leisure and        Council’s decision to
U




 recreation (simulated field     issue    a    Notice   of
 and game shotgun target         Decision to Grant a
 range) at 22 Tomlinson          Permit.
 Track, Willowmavin




                                         Page 45
ORDINARY COUNCIL MINUTES                                               10 SEPTEMBER 2012
VCAT HEARINGS AND MITCHELL PLANNING SCHEME UPDATE (CONT”D)

 Appeal No. P1631/2012           Application for Review at A date for a Hearing
 P306371/10                      VCAT has been made by has not yet been set.
 Re-subdivision of land and      the objectors following
 alteration of access to a       Council’s decision to
 road in a Road Zone -           issue    a    Notice   of
 Category     1    at    490     Decision to Grant a
 Broadford-Kilmore Road,         Permit.
 Broadford
 Appeal No. P1711/2012           Application for Review at A date for a Hearing
 P306334/10                      VCAT has been made by has not yet been set.
 To use and develop the          the objectors following
 land for the purpose of an      Council’s decision to
 extractive industry at 380      issue    a    Notice   of
 Dry Creek Road and 555 –        Decision to Grant a
 605     Kilmore    East-Dry     Permit.




                                                       ED
 Creek Road, Kilmore
 Appeal No. P2146/2012           Application for Review at            A date for a Hearing
 P306913/12                      VCAT has been made by                has not yet been set.
 Multi-dwelling development      the objector following
 (3 dwellings) at 16 Church
 Street, Kilmore                 issue    a
                                                M
                                 Council’s decision to
                                               Notice
                                 Decision to Grant a
                                                         of
                                   R
                                 Permit.
 Appeal No.                      Application for Review at            A date for a Hearing
                                FI
 P2460/2012                      VCAT against Council’s               has not yet been set.
 PL6278/06                       refusal to extend the life
 Telecommunications              of the permit as it was
                          N


 Facility                        lodged outside the 3
                                 month grace period.
                   O



Activities Carried out Under Delegation
             C




A list of planning permit applications dealt with under delegated powers for the
month is included below. This captures previous months and allows future reports
      N




to be calendar month specific.
U




Permit No.    Address                   Description of Permit          Type     of   Date
                                                                       Document      Approved
P306994/12    Victoria         Street   Buildings and works (2         Planning      01-Aug-12
              SEYMOUR                   shipping containers)           Permit
P306882/12    345 Sunday Creek Road     Construction of a dam          Planning      02-Aug-12
              SUNDAY CREEK                                             Permit
P307006/12    1175        Seymour       Buildings    and     works     Planning      02-Aug-12
              Tooborac       Road       (dwelling)                     Permit
              HILLDENE
P306945/12    19    Nazek    Court      To construct building and      Planning      03-Aug-12
              WHITEHEADS CREEK          works (dam)                    Permit
P307035/12    9086 Goulburn Valley      Buildings and works (golf      Planning      03-Aug-12
              Highway SEYMOUR           club additions)                Permit
P306929/12    1   Conway       Street   Business     identification    Planning      03-Aug-12
              KILMORE                   signage                        Permit



                                          Page 46
ORDINARY COUNCIL MINUTES                                               10 SEPTEMBER 2012
VCAT HEARINGS AND MITCHELL PLANNING SCHEME UPDATE (CONT”D)

P306945/12    19   Nazek   Court        To construct building and      Planning        03-Aug-12
              WHITEHEADS CREEK          works (dam)                    Permit
P306597/11    220 Kilmore Lancefield    To subdivide the land into     Planning        06-Aug-12
              Road KILMORE              fifty seven (57) lots in two   Permit
                                        stages, Stage 1 being 32
                                        lots, Stage 2 being 25
                                        lots, and to remove native
                                        vegetation
P306830/12    12  Stanley      Street   Development of the land        Notice     of   07-Aug-12
              WALLAN                    for the construction of        Decision
                                        twelve (12) dwellings
P307024/12    185   Ryans        Rise   To construct buildings and     Planning        08-Aug-12
              CLONBINANE                works (shed)                   Permit
P306983/12    18         Springridge    For the development of         Planning        10-Aug-12
              Boulevard WALLAN          display homes car parking      Permit
                                        and signage
P306304/10    60   Highgate     Road    To subdivide the land into     Amendment       13-Aug-12




                                                         ED
              KILMORE                   fifty-three lots in three
                                        stages and to remove
                                        easements
P306772/11    275 North Mountain        Use and development of a       Planning        15-Aug-12
              Road    HEATHCOTE         dwelling, outbuilding and      Permit


P307005/12
              JUNCTION

              557 Sunday Creek Road             M
                                        the removal of native
                                        vegetation
                                        Buildings     and   works      Planning        15-Aug-12
                                    R
              SUNDAY CREEK              (garage/shed)                  Permit
P306939/12    45   Jeffreys     Lane    To subdivide the land into     Planning        16-Aug-12
                                 FI
              TARCOMBE                  two lots and consolidate       Permit
                                        land
P306795/11    9  Cameron      Parade    Buildings and works for        Planning        20-Aug-12
              BROADFORD                 the     construction     of    Permit
                          N

                                        storage       units       in
                                        association     with     an
                   O


                                        existing warehouse and a
                                        reduction in the car
                                        parking requirements
             C




P306612/11    Northern        Englobo   To subdivide the land in       Planning        22-Aug-12
              WALLAN                    three stages (Stage 1 and      Permit
                                        2A and 3) and to remove
      N




                                        native vegetation
P306872/12    47   George      Street   Buildings and works for        Notice     of   22-Aug-12
U




              KILMORE                   the construction of three      Decision
                                        dwellings and a three lot
                                        subdivision
P306552/11    131-139 Dudley Street     Development of the land        Notice     of   23-Aug-12
              WALLAN                    by the construction of         Decision
                                        twenty four dwellings and
                                        to      remove       native
                                        vegetation
P306854/12    33 Ferguson      Street   To      construct     three    Planning        23-Aug-12
              BROADFORD                 dwellings                      Permit
P306900/12    2 Sutherland     Street   Four (4) lot subdivision       Planning        24-Aug-12
              BROADFORD                                                Permit
P306875/12    10  Lumsden      Street   Development of the land        Notice     of   28-Aug-12
              KILMORE                   including construction of      Decision
                                        five dwellings
P307068/12    255  Gerard  Road         To construct buildings and     Planning        28-Aug-12
              SUGARLOAF CREEK           works (shed)                   Permit


                                          Page 47
ORDINARY COUNCIL MINUTES                                                 10 SEPTEMBER 2012
VCAT HEARINGS AND MITCHELL PLANNING SCHEME UPDATE (CONT”D)

P306291/10    165  Rowes          Lane    To subdivide the land into     Amendment   29-Aug-12
              WALLAN                      546 lots in ten stages and
                                          to     remove         native
                                          vegetation
P307019/12    15 Manse     Hill   Road    Use and development of         Planning    30-Aug-12
              SEYMOUR                     the land for a dwelling        Permit
P307038/12    117   Valley        Drive   Buildings    and     works     Planning    30-Aug-12
              WALLAN                      (dwelling)                     Permit
P307039/12    11 Lightwood Avenue         Buildings    and     works     Planning    30-Aug-12
              SEYMOUR                     (dwelling)                     Permit
P304973/07.   625 Northern Highway        Development of the land        Amendment   31-Aug-12
    06        WALLAN                      as an 866 lot staged
                                          subdivision & vegetation
                                          removal
P307002/12    180 O'Gradys        Road    Two     Lot    Subdivision     Planning    31-Aug-12
              KILMORE EAST                (boundary realignment)         Permit




                                                           ED
RECOMMENDATION

THAT: the report be received and noted.
                                                  M
                                     R
The resolution for Item 11.4 is found at the end of this section.
                                  FI
                          N


SUSTAINABLE DEVELOPMENT REPORTS – ITEMS NOT OTHERWISE DEALT
WITH:
                   O



MOVED:                CR. T. TOBIAS
              C




SECONDED:             CR K. MULRONEY
      N




THAT: the recommendations contained within Items 11.1, 11.3 and 11.4 of the
Sustainable Development Reports, be adopted.
U




                                                                                     CARRIED
                                                                                          9/0




                                            Page 48
ORDINARY COUNCIL MINUTES                                  10 SEPTEMBER 2012


12.   NOTICE OF MOTION
12.1 NOTICE OF MOTION NO 755 – NEIGHBOURHOOD CAR PARKING
     INVESTIGATION – SEYMOUR P12 EDUCATION COMPLEX

File Reference:           102135
Author:                   Cr Graeme Coppel
Attachments:              Nil
Council Reference:        Nil



MOVED:             CR. G. COPPEL
SECONDED:          CR. W. MELBOURNE




                                                ED
THAT: Officers investigate and report to Council on possible issues and solutions
relating to surrounding car parking with the opening of Seymour P12 Education


                                         M
Complex.                        R
                                                                      CARRIED
                                                                           9/0
                             FI
                       N
                  O
           C
      N
U




                                     Page 49
ORDINARY COUNCIL MINUTES                                     10 SEPTEMBER 2012


12.2 NOTICE OF MOTION NO 756 - PROTECTION OF MONUMENT HILL
     RESERVE KILMORE

File Reference:            RE/03/040
Author:                    Cr Ross Lee
Attachments:               Nil
Council Reference:         Nil




MOVED:              CR. R. LEE
SECONDED:           CR. D. CALLAGHAN




                                                  ED
THAT: Council write to VicRoads and bring to their attention the following as
Council is concerned about potential impacts to Kilmore Monument Hill precinct
and environs:

1.                                         M
     That land know as Monument Hill in Kilmore is currently affected by a number
                                 R
     of overlays pursuant to the Mitchell Planning Scheme including:
     a.   Heritage overlay 104 – Lake Precinct
                              FI
     b.   Significant Landscape Overlay – Schedule 1
     c.   Vegetation Protection Overlay
                        N

     d.   Wildfire Management Overlay, and
     e.   Design and Development Overlay – Schedule 8.
                  O



2.   Council Requests VicRoads consider these planning controls and the impact
           C




     of a potential alignment within these areas as part of it’s investigation of the
     Bypass Options.
     N
U




                                                                          CARRIED
                                                                               9/0




                                       Page 50
ORDINARY COUNCIL MINUTES              10 SEPTEMBER 2012


13.   DELEGATES REPORTS

NIL REPORTS




                                     ED
                               M
                        R
                     FI
                 N
              O
         C
      N
U




                           Page 51
ORDINARY COUNCIL MINUTES                                       10 SEPTEMBER 2012


14.      GENERAL BUSINESS
In accordance with Clause 30 of Local Law No. 4 Meeting Procedures.

14.1.     COMMUNITY SUBMISSION

MOVED:                 CR. G. COPPEL
SECONDED:              CR. R. LEE
THAT: officers prepare a report on the community submission process which
investigates the potential for a process to be undertaken prior to the new year to
inform the preparation of the Annual Budget and Council Plan.

                                                                           CARRIED
                                                                                9/0




                                                    ED
14.2.     MITCHELL SHIRE PARALYMPIANS CONGRATULATIONS

MOVED:                 CR. R. LEE



                                              M
SECONDED:              CR. D. CALLAGHAN
THAT: letters of congratulations be sent to the four Mitchell Shire Paralympians’
                                   R
Highest Achievers:

1.      Broadford’s Joann Formosa Gold medallist for Para-Equestrian performance
                                FI

2.      Hidden Valley’s Natalie Smith won bronze for 10 metre air rifle.
                           N


3.      Former Kilmore East’s Ahmed Kelly came forth in the men’s 50 meter
        breaststroke.
                    O



4.      Kilmore’s Jake Lappin came seventh in the men’s 800 metre track and field.
              C




5.      A request be made to the Mayor to hold a formal function in the near future to
        N




        recognise these 2012 Paralympics achievements.
U




                                                                           CARRIED
                                                                                9/0

14.3.     LETTER OF APPRECIATION INTERIM CEO

MOVED:                 CR. S. MARSTAELLER
SECONDED:              CR. T. TOBIAS
THAT: a letter of thanks be sent to Mrs J. Dugina, Interim Chief Executive Officer
for her time at Mitchell Shire Council and for the help and assistance to this
Council.

                                                                           CARRIED
                                                                                9/0



                                         Page 52
ORDINARY COUNCIL MINUTES                                 10 SEPTEMBER 2012


15.    CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC
In accordance with Section 77(2) of the Local Government Act 1989 (as amended)
Council resolves to close the meeting to members of the public to consider the
following items which relate to “(d) contractual matters”, which the Council
considers would prejudice the Council or any person, in accordance with section
89(2) of the Local Government Act:


MOVED:             CR. G. COPPEL
SECONDED:          CR. T. TOBIAS
THAT: the meeting was closed to members of the public at 8.07pm.
                                                                      CARRIED
                                                                           9/0




                                               ED
15.1 CONFIRMATION AND SIGNING OF MINUTES NOT PREVIOUSLY
     CONFIRMED

15.2   AUDIT COMMITTEE CHARTER

15.3
                                         M
       CT 121505 PROVISION OF LEGAL SERVICES (PANEL)
                               R
15.4   CT 121506 PROVISION OF EPA AUDITORS (PANEL)
                            FI
15.5   RE-OPENING OF MEETING TO MEMBERS OF THE PUBLIC

MOVED:             CR. T. TOBIAS
                       N


SECONDED:          CR. K. STEWART
                 O


THAT: the meeting be re-opened to members of the public at 8.13pm.
           C



                                                                      CARRIED
                                                                           9/0
       N




16.    DATE OF NEXT MEETING
U




The next Ordinary meeting of Council is proposed to be scheduled to be held on
24 September, 2012, at the Civic Centre, Broadford, commencing at 7.00pm.


17.    CLOSURE OF MEETING
There being no further business the Mayor declared the meeting closed at 8.13pm.




                                    Page 53

				
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