Agenda - Rural City of Benalla · 7/31/2019 · pending confirmation at this meeting. Recommendation: That the Minutes of the Ordinary Meeting of the Council held on Wednesday 26

Ordinary Council Meeting

Agenda Date: Wednesday 31 July 2019

Time: 6pm

Venue: Civic Centre (Council Meeting Room)

13 Mair Street, Benalla

Members of the Community are welcome to attend the Meeting.

In accordance with the Governance Local Law 2016 clause 4.6.4 an audio recording will be made of the proceedings of Council / Special Committee meetings.

PO Box 227, 1 Bridge Street East Benalla Victoria 3672

Tel: 03 5760 2600 Fax: 03 5762 5537 [email protected]

mailto:[email protected]

Agenda – Ordinary Council Meeting 31 July 2019

BENALLA RURAL CITY COUNCIL 2

Contents 1. Opening and Acknowledgement of Country ................................................. 3

2. Statement of Commitment .............................................................................. 3

3. Disclosures of Conflict of Interest.................................................................. 5

4. Apologies ......................................................................................................... 5

5. Confirmation of the Minutes of the Previous Meeting .................................. 5

6. Public Question Time ...................................................................................... 6

7. Petitions ............................................................................................................ 6

8. Record of Committees ..................................................................................... 6

8.1 Planning and Development Committee ....................................................... 6

8.2 Finance and Operations Committee .......................................................... 28

8.3 Assemblies of Councillors, advisory and external committees .................. 29

9. Reports by Officers........................................................................................ 30

9.1 Authorisation of Signing and Sealing of Documents .................................. 30

9.2 Supply, Construction and Installation of a Covered Riding Arena at Benalla Sports and Equestrian Centre ........................................ 31

9.3 Council Actions Pending ............................................................................ 33

10. Mayor and Councillors’ attendance at committees and civic functions ... 34

11. Reports by Councillors ................................................................................. 38

12. Notices of Motion ........................................................................................... 38

13. Notices of Rescission Motion ....................................................................... 38

14. Urgent Business ............................................................................................ 38

15. Confidential Business ................................................................................... 39

15.1 Confidential Reports by Councillors ...................................................... 40

15.2 Confidential Reports by Committees ..................................................... 40

15.2.1 Planning and Development Committee 17 July 2019 ............................ 40

15.3 CM19.010 Public building and amenities cleaning services 2019 to 2026 ......................................................................................... 43

15.4 CM19.021 Dry Hire of a Front End Loader and Landfill Compactor ...... 58

15.5 Confidential Council Actions Pending.................................................... 61

16. Reopening of meeting to the public ............................................................. 62

17. Closure of the meeting .................................................................................. 62



Agenda

Chair Councillor Scott Upston (Mayor)

Councillors Councillor Barbara Alexander Councillor Danny Claridge Councillor Peter Davis Councillor Don Firth Councillor Bernie Hearn Councillor Willie van Wersch

In attendance Dom Testoni Chief Executive Officer Jilian Mulally Acting General Manager Corporate Greg Robertson Manager Facilities Danny Muldeary Acting Manager Capital Projects Jane Still Governance Coordinator

1. Opening and Acknowledgement of Country The Chair will open the meeting and recite the following Acknowledgement of Country.

We acknowledge the traditional custodians of this land and pay respect to their elders and the elders from other communities who may be here today.

We also acknowledge all other people who have contributed to the rich diversity of this Country.

2. Statement of Commitment The Councillors will recite the following Statement of Commitment:

I declare / that as a Councillor of Benalla Rural City / I will undertake on every occasion / to carry out my duties in the best interests of the community / and that my conduct shall maintain the standards of our Councillor Code of Conduct / so that I may faithfully represent / and uphold the trust placed in the Council / by the people of Benalla and District.



Governance Matters Recording of Council Meetings

This Council Meeting is conducted in accordance with the Local Government Act 1989 and the Benalla Rural City Governance Local Law 2016.

All Council and Special Committee meetings will be audio recorded and made available for public access, with the exception of matters identified as confidential items in the agenda. This includes the public participation sections of the meetings.

These recordings are taken to facilitate:

a) the preparation and accuracy of the minutes of open Council meetings b) broader access to open Council meetings, and c) the accuracy of submitter details (where relevant). d) By participating in open Council meetings, individuals consent to the use and

disclosure of the information that they share at the meeting (including any personal/sensitive information) for the purposes of Council carrying out its functions. Individuals also consent to the disclosure of that information to any person(s) who access those recordings.

Individuals may request, prior to presenting to Council, they be identified only by their first name. Any statements made or questions asked will still be captured on the recording.

Any queries about these recordings can be directed to the Council by calling 03 5760 2600.

Behaviour at meetings

Members of the public present at a meeting must remain silent during the proceedings other than when specifically invited to address the Committee.

The Chair may order and cause the removal of any person, not being a Councillor, who disrupts any meeting or fails to comply with a direction. A person removed from a Meeting must leave the premises or move to a public area of the premises where they can no longer disrupt the meeting.

If the Chair is of the opinion that disorder in the gallery makes it desirable to adjourn the meeting, the Chair may adjourn the meeting to a later time on the same day or to some later day as the Chair thinks proper.



3. Disclosures of Conflict of Interest Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989, direct and indirect conflict of interest must be disclosed prior to debate on specific items within the agenda; or in writing to the Chief Executive Officer before the meeting.

Disclosure of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a disclosure in writing, the classification of the interest must still be declared at the meeting):

a) direct financial interest b) indirect interest by close association c) indirect interest that is an indirect financial interest d) indirect interest because of conflicting duties e) indirect interest because of receipt of an applicable gift f) indirect interest as a consequence of becoming an interested party g) indirect interest as a result of impact on residential amenity h) conflicting personal interest.

4. Apologies

Recommendation: That the apology/ies be accepted and a leave of absence granted.

5. Confirmation of the Minutes of the Previous Meeting The minutes have been circulated to Councillors and posted on the Council website www.benalla.vic.gov.au pending confirmation at this meeting.

Recommendation: That the Minutes of the Ordinary Meeting of the Council held on Wednesday 26 June 2019 be confirmed as a true and accurate record of the meeting.



6. Public Question Time Council’s Governance Local Law 2016 provides the opportunity for members of the public to lodge written questions of broad interest to the Council and the community. Matters relating to routine Council works should be taken up with Council’s Customer Service Officers through the Customer Request Management System.

Public question time will not exceed 10 minutes in duration unless the Council resolves otherwise.

No person may submit more than two questions at any one Meeting. A question may be disallowed by the Chair if the Chair determines that it:

relates to a matter outside the duties, functions and powers of Council; is defamatory, indecent, abusive, offensive, irrelevant, trivial or

objectionable in language or substance; may lead to a breach of the Council’s obligation to comply with

information privacy principles or any Act; is aimed at embarrassing a member of the Council or Council staff;

deals with a subject matter already answered; or is a matter that may be deemed to be confidential in accordance with

the Local Government Act 1989. All questions and answers must be as brief as possible, and no discussion may

be allowed other than by Councillors for the purposes of clarification. Like questions may be grouped together and a single answer provided. The Chair may nominate a Councillor, the Chief Executive Officer or another

member of Council staff to respond to a question.

7. Petitions

8. Record of Committees

8.1 Planning and Development Committee

Report and recommendations of the Planning and Development Committee held on Wednesday 17 July 2019.

1. Public submissions on any matter

Refer to item 2.



2. Ownership of Former Benalla Migrant Camp Huts

It is recorded that the following people made submissions to the meeting

Sabine Smyth, on behalf of the Benalla Migrant Camp Michael Hedderman, on behalf of the Benalla Migrant Camp Helen Topor, former migrant camp resident Andrew Hedderman on behalf of Judith Fleming Helen Topor on behalf of Jim Klopsteins Mark Carr on behalf of the Benalla Aviation Museum Jamie Boatwood on behalf of Benalla Theatre Company Inc Martin Tregale on behalf of Balloon Association of Victoria Vivienne Drew as a member of Benalla Aeropark Rozalie Dean, former migrant camp resident Wendy Gray, former migrant camp resident

Cr Firth / Cr Claridge That the submissions be received.

Carried

The report provides an overview of legal advice received on the ownership of huts at the Former Benalla Migrant Camp at the Benalla Airport.

Cr Firth / Cr Claridge 1. That the Council:

a. transfer ownership of Benalla Airport Huts one and two to the Gliding Club of Victoria Inc. via a Deed of Gifting.

b. transfer ownership of Benalla Airport Hut three to the Balloon Association of Victoria Inc. via a Deed of Gifting.

c. transfer ownership of Benalla Airport Huts 63 and 64 to the Benalla Theatre Company Inc. via a Deed of Gifting.

2. That the Chief Executive officer be authorised to execute transfer documentation.

Carried.



3. Planning application for a solar farm – 16 Saunders Road, Goorambat

The report assesses planning permit application P0005/19 to use and develop a renewable energy facility (solar farm), the removal of native vegetation and display of business identification signage at 16 Saunders Road, Goorambat.

Cr Davis / Cr Firth That the Planning and Development Committee acting under its delegated authority of the Council having caused notice of Planning Application No P0005/19 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Grant a Permit under the provisions the Benalla Planning Scheme in respect of the land known and described as CA59 on TP346928U, 16 Saunders Road, Goorambat, for the use and development of the land for a renewable energy facility, the removal of native vegetation and to display business identification signage in accordance with the endorsed plans, with the application dated 16 January 2019, subject to the following conditions: 1. Prior to the development commencing, plans to the satisfaction of

the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three (3) copies must be provided. The plans must show:

a. the full site layout of the operation and maintenance area and substation on the land.

b. detailed elevations and floor plans of any proposed structures within the operation and maintenance area.

c. details of car parking spaces and access ways within the operation and maintenance area to be in accordance with Clause 52.06 of the Benalla Planning Scheme.

d. security fencing to be located to the rear of vegetation screening in areas where the vegetation screening is provided on the land.

e. details for the maintenance of the existing boundary fence (farm fence) around the perimeter of the site.

2. The development and/or use permitted by this permit as shown on the endorsed plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

3. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.



4. The amenity of the area must not be detrimentally affected by the use or development, through the:

a. appearance of any building, works or materials. b. transport of materials, goods or commodities to or from the

land. c. emission of noise, artificial light, vibration, smell, fumes, smoke,

vapour steam, soot, ash, dust, waste water, waste products, grit or oil.

d. presence of vermin. 5. The storage of goods or materials in conjunction with the use or

development hereby permitted shall: a. be carried out in a manner so as to prevent the exposure to view

from any adjacent premises or from any public place of any unsightly matter.

b. be stored to the satisfaction of the Responsible Authority so as to not become visually obtrusive on the site.

6. All lighting used to externally illuminate buildings, works and uses shall be fitted with cut-off luminaries (baffles), so as to prevent the emission of direct and indirect light onto adjoining roadways, land and premises.

7. The occupier shall take all necessary steps to ensure that no noise or other disturbance emanates from the premises which would be likely to cause a nuisance to the adjoining occupiers or a detriment to the amenity of the neighbourhood.

8. The following requirements must be met when the solar farm permanently ceases operation:

a. The responsible authority must be notified within two (2) months after the solar farm permanently ceases operation

b. Prior to commencing decommissioning works, a decommissioning traffic management plan specifying measures to manage traffic impacts associated with removing the solar farm and associated infrastructure from the site, must be submitted to the satisfaction of the responsible authority

c. All infrastructure, plant, equipment and access tracks that are no longer required for the on-going use or decommissioning of the facility must be removed

d. Reinstatement of the site, or the relevant part of the site, to the condition it was in prior to the commencement of development must occur to the satisfaction of the responsible authority.

9. Upon cessation of the approved use the site must be reinstated as farming land or any other permitted use to the satisfaction of the Responsible Authority.



10. Before commencement of the use, an Environmental Management Plan for the management and operation of the use which is to the satisfaction of the Responsible Authority and must be submitted to and approved by the Responsible Authority. When approved, the Environmental Management Plan will be endorsed and will then form part of the permit. The Environmental Management Plan must be reviewed and submitted to the Responsible Authority for further approval every three years. The use must at all times be conducted in accordance with the endorsed plan. The Council will have a right to request a review of the plan where it receives frequent and verified complaints from surrounding properties The Environmental Management Plan must include:

a. overall environmental objectives for the operation of the use and techniques for their achievement

b. procedures to ensure that no significant adverse environmental impacts occur as a result of the use

c. proposed monitoring systems d. identification of possible risks of operational failure and

response measures to be implemented e. day to day management requirements for the use f. a pest animal and plant management plan must be submitted to

and approved by the Responsible Authority prior to the commencement of the use on the subject site. The plan must include ongoing actions and measures to be undertaken to control pest animals and plants and inform surrounding property owners of works that present a risk to their homes or animals.

11. Before works and development start, a native vegetation temporary protection fence must be erected around all native vegetation including remnant patches and the Tree Protection Zone of scattered trees to be retained. Except with the written consent of the Responsible Authority, within the native vegetation protection fenced area to be retained, the following is prohibited:

a. Vehicular or pedestrian access. b. Trenching or soil excavation. c. Storage or dumping of any soils, materials, equipment, vehicles,

machinery or waste products. d. Entry and exit pits for underground services e. Any other actions or activities that may result in adverse

impacts to retained native vegetation. The temporary protection fence must be constructed of star pickets and flagging or similar to the satisfaction of the Responsible Authority. A TPZ applies to a tree and is a specific area above and



below the ground. The temporary protection fence must remain in place until all works and development are completed to the satisfaction of the Responsible Authority.

12. Prior to the commencement of buildings and works a landscape screening plan which provides for landscaping or other treatments to reduce the visual impact of the solar farm to the surrounds must be submitted to and approved by the responsible authority. When endorsed the Landscape Screening Plan will form part of this permit. The Landscaping Screening Plan must include: a. the type of landscaping treatments to be proposed b. a timetable for establishing and maintaining the landscaping.

The endorsed landscape screening plan must not be altered or modified without the written consent of the responsible authority.

13. Before the use allowed by this permit starts, landscaping works shown on the endorsed plan must be completed and then maintained to the satisfaction of the Responsible Authority.

14. Appropriate measures must be implemented throughout the construction stage of the development to rectify and/or minimise mud, crushed rock or other debris being carried onto public roads from the subject land, to the satisfaction of the Responsible Authority.

15. Before the use starts, a construction management plan in accordance with Council’s Infrastructure Design Manual for the management and operation of the use which is to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The construction management plan must be in place until the completion of the construction phase and again be operationalised during decommissioning works. The construction must at all times be conducted in accordance with the endorsed plan. The construction management plan must include:

a. overall construction objectives for the construction and techniques for their achievement

b. procedures to ensure that no significant adverse environmental impacts occur as a result of the use

c. proposed monitoring systems d. identification of possible risks or operational failure and

response measures to be implemented e. day to day management requirements for the use f. construction times g. noise mitigation measures



h. measures to mitigate airborne dust, silt and debris onsite, both during and after the construction phase

i. removal of hazardous material j. protection of Private and Council asset k. on-site building waste equipment, machinery and/or earth

storage/stockpiling during construction l. building waste on Public and Private land (Streets, footpaths,

laneways and reserves) m. tradesperson Vehicle Parking n. heavy Vehicle Movements. Where access to the site for

construction vehicle traffic will occur. o. trees protection zones. The location and details of a sign to be

erected at the entrance(s) of the site advising contractors that they are entering a ‘sensitive site’ with prescribed tree protection zones and fences

p. road, lane closures and cranes q. decommissioning plan r. how issues such as mud on roads, erosion and sediment

control will be managed, on site, during the construction phase s. details of a contact person/site manger must also be provided,

so that this person can be easily contacted should any issues arise

t. measures to control erosion and sediment and sediment laden water runoff, including the design details of structures

u. the location of trenching works, boring, and pits associated with the provision of services

v. the location of any temporary buildings or yards. 16. Before the development starts developer must submit to the

Responsible Authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of table drain, gravel road surface, seal, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development. Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to the Councils assets/Public infrastructure caused as a result of the development or use permitted by this permit until the site is decommissioned.

17. The applicant must ensure that dust suppression is undertaken in the form of constant water spraying or other natural based proprietary dust suppressant to ensure that dust caused by vehicles moving along the access roads (Saunders Road and Goorambat



Chesney Road) and within the site does not cause a nuisance to surrounding properties to the satisfaction of the Responsible Authority.

a. The development shall not have an adverse impact on existing or future air quality. Deliveries to and from the site for all commercial vehicles, including waste collection, must only take place between 7am and 6pm Monday to Friday (excluding weekends and public holidays).

b. Access to and from the site for all commercial vehicles, including waste collection, must only use the following road Saunders Road and terminate at the nominated access to the property.

c. All roads/storage areas/external stockpiles/vacant or grazed areas must be covered and/or maintained to avoid dust and grit nuisance to any residences to the satisfaction of the responsible authority.

18. Before any construction commences, a properly prepared drainage discharge plan with computations to the satisfaction of the responsible authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and a minimum of three copies must be provided. The information submitted must show the details listed in the council’s Infrastructure Design Manual and be designed in accordance with the requirements of that manual. The information and plan must include: a. details of how the works on the land are to be drained or

retarded b. computations including total energy line and hydraulic grade

line for the existing and proposed drainage as directed by Responsible Authority

c. underground pipe drains conveying stormwater to the legal point of discharge for each allotment

d. measures to enhance stormwater discharge quality from the site and protect downstream waterways including the expected discharge quality emanating from the development (output from MUSIC or similar) and design calculation summaries of the treatment elements

e. a maximum discharge rate from the site is to be determined by computation to the satisfaction of Council

f. maintenance schedules for treatment elements.



Before the use begins all works constructed or carried out must be in accordance with those plans to the satisfaction of the Responsible Authority.

19. No contaminants will be permitted to enter the storm-water drainage system under any reasonably foreseeable circumstances.

20. Any damage to Council assets (i.e. roads, table drains etc.) must be repaired at the cost of the applicant to the satisfaction of the Responsible Authority. The Construction Management plan must include photos/videos and other supporting evidence of the state of the network at the time of lodgement of the plan.

21. There must not be any discharge of concentrated drainage into the adjoining road drains or culverts without the approval of the Responsible Authority.

22. The approved works must not cut off natural drainage from adjacent properties.

23. Before the use begins, the applicant or owner must construct any traffic management works identified in Traffic Impact Assessment Report dated 19 December 2018 prepared by AECOM Australia Pty Ltd for 3725 Sharp Development Pty Ltd C/- South Energy with report reference number 60591067 to the satisfaction of Council. The cost of such works shall be fully met by the applicant.

24. Prior to construction commencing on the site, vehicle crossings as shown on the endorsed plan must be constructed and sealed to the standards of Council’s Infrastructure Design Manual, and to the satisfaction of the Responsible Authority. The final location of the crossings are to be approved by the Responsible Authority via a “Consent to Work within the Road Reserve”, prior to the undertaking of works.

25. Access and egress from the property must only be from the Saunders Road as nominated on the endorsed plan, unless otherwise agreed in writing by the Responsible Authority. Vehicle access and egress from the property must take place in a forward direction at all times.

26. All loading and unloading of vehicles must at all times be undertaken within the curtilage of the subject land, unless otherwise agreed in writing by the Responsible Authority.

27. Prior to the commencement of the use, access ways and manoeuvring areas created by the proposed development and as shown on the endorsed plan(s) must be constructed, to an all-weather standard to the satisfaction of the Responsible Authority.

28. All vehicles must be parked in the allocated car spaces on the land at all times.

29. Any security gate, barrier or similar device controlling vehicle access to the premises must be located a minimum of six metres



inside the property to allow vehicles to store clear of Saunders Road pavement and road shoulder.

30. Any new or otherwise vehicular entrances to the subject land from the road shall be constructed at a location and of a size and standard satisfactory to the Responsible Authority. The vehicle crossing(s) must be constructed at the applicant’s expense to provide ingress and egress to the site to the satisfaction of the Responsible Authority. The crossover must be no less than 4.9 metres in length and include a pipe of a diameter suitable to accommodate the actual volume/flow. Culverts located in the clear zone shall be installed with trafficable end walls in accordance with the Infrastructure Design Manual.

31. Before the use begins all internal access roads must be constructed, formed and drained to avoid erosion and to minimise disturbance to natural topography of the land to the satisfaction of the Responsible Authority.

32. No excavated or construction materials may be placed or stored outside the site area or on the adjoining road reserves, unless agreed otherwise by the Responsible Authority.

33. Upon cessation of the approved use the site must be reinstated as farming land or any other permitted use to the satisfaction of the Responsible Authority.

34. Before any construction commences on site, detailed construction plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority in accordance with the Infrastructure Design Manual. When approved, the plans will be endorsed and will then form part of the permit. The plans must include:

a. fully sealed pavement (including turning lanes and passing lanes) with gravelled shoulders, signage and guidepost drainage and any underground pipes (from the intersection of Goorambat Thoona - unsealed section to 100 meters past the main entrance to the subject site along Saunders Road)

b. swept path analysis for heavy vehicles and turning lanes as required

c. underground pipes if required (cross culverts) d. upgrading of the vehicular access for heavy vehicles,

construction traffic and service vehicles. All works constructed or carried out must be in accordance with those plans.

35. Prior to any construction works commencing on site, the developer must upgrade the road, drainage and other civil work from the intersection of Goorambat Thoona Road to 100 meters past the main subject site entrance along Saunders Road and to incorporate



earthworks, pavement, sealing, gravelled shoulder, drainage, line-marking and environmental treatments across the frontage of the development, and in accordance with plans and specifications approved by the responsible authority in accordance with the Infrastructure Design Manual. Specific details are as follows:

a. Fully sealed pavement (including turning lanes and passing lanes), gravelled shoulders, signage and vehicular crossings off Saunders Road(from the intersection of Goorambat Thoona - unsealed section to 100 meters past the main entrance to the subject site along Saunders Road).

b. Passing lane at the entrance for the safe movement of heavy vehicles.

c. Underground drainage. d. Appropriate signage, intersection and traffication

(control/mitigation) measures. e. Stormwater retention and quality treatments. f. Road drainage.

Road reserve and road widths must be in accordance with the requirements of the Infrastructure Design Manual

36. Payment to the Responsible Authority of an amount up to 2.5 per cent of the actual cost of work, being for costs of the Responsible Authority supervision of the works, as determined by the Responsible Authority.

37. Payment to the Responsible Authority of a engineering design checking fee of an amount up to 0.75 per cent of the value of documented works.

38. Prior to the commencement of the use of the facility, the following “as constructed” drawings and information are required to be submitted to the responsible authority by the developer for all works carried out on the road reserve:

a. Copies of engineering drawings/data in MapInfo Tab or MIF_MID format with a Projection GDA94/MGA55

b. Copies of engineering drawings/data in PDF format c. “As Constructed Information” of the Road and Drainage

information component of the development along Saunders as well as information of all of Benalla’s assets in accordance with the current versions of D-Spec & R-Spec. Please refer to the A-SPEC website for further information www.a-specstandards.com.au

39. Before any road/drainage works associated with the development start, the following items must be satisfied:



a. approved construction plans b. payment of all relevant fees (supervision fees, plan checking

fees and statutory fees). An on-site meeting with officers of the municipality, the contractor and the developer or the developer’s consultant to discuss matters such as, roadside management, construction techniques, vegetation clearing controls and vegetated areas to be barricaded off prior to and during construction.

40. All wastewater must be disposed of and contained within the curtilage of the land to the satisfaction of the responsible authority and must not be discharged directly or indirectly to an adjoining property, road or any water course or drain. Sufficient land must be set aside and kept available for the purposes of effluent disposal. The new on site wastewater system must be designed in accordance with Environment Protection Authority code of practice to the satisfaction of the Responsible Authority.

Condition Nos. 41 to 48 Required by the Department of Environment, Land, Water and Planning. Notification of permit conditions 41. Before works start, the permit holder must advise all persons

undertaking the vegetation removal or works on site (including works that may impact on retained vegetation), of all relevant permit conditions and associated statutory requirements or approvals.

Construction management or amended plans 42. Before any works start on site, an environmental management plan

must be prepared to the satisfaction of the Responsible Authority and submitted to and approved by the Responsible Authority in consultation with the Department of Environment, Land, Water and Planning. When approved, the plans will be endorsed and will form part of this permit. The environmental management plan must include (but not necessarily limited to) details of:

a. measures to protect native vegetation being retained on site and in the vicinity of the subject land, including tree protection zones

b. measures to mitigate any consequential impacts on native vegetation retained on and off site, including tree protection zones

c. sediment and water run-off control measures d. weed management and control, vehicle hygiene measures e. appropriate stockpile and storage area management



f. landscape/revegetation plan for the perimeter planting, using suitable indigenous species appropriate to the ecological vegetation class of the site

g. monitoring requirements for the perimeter planting and vegetation/tree protection areas.

Protection of retained vegetation 43. Before any works start, a native vegetation protection fence must be

erected around all patches of native vegetation and scattered trees to be retained on site and on the adjoining road reserve (on development side only). This fence must be erected around any patches of native vegetation at a minimum distance of two (2) meters from the dripline of the retained vegetation and at a radius of 12 X the diameter at breast height (1.3m), to a maximum of 15 meters but no less than 2 metres from the base of the trunk, of any trees being retained. The fence must be constructed of highly visible, durable materials to the satisfaction of the Responsible Authority. The protective fence must remain in place until all works are completed to the satisfaction of the Responsible Authority. Except with the written consent of the responsible authority, within the areas of native vegetation to be retained and any tree protection zone, the following are prohibited:

a. vehicular access, other than for construction of new security fence

b. trenching or soil excavation, other than post holes for new security fence

c. storage or dumping of any soils, materials, equipment, vehicles, machinery or waste products

d. entry and exit pits for the provision of underground services e. any other actions or activities that may result in adverse

impacts to retained native vegetation. Precautions for tree and vegetation protection zones 44. Except with the written consent of the satisfaction of the

Responsible Authority, within the area of native vegetation to be retained, and any tree or vegetation protection zone associated with the permitted use and/or development, the following is prohibited:

a. vehicular or pedestrian access b. trenching or soil excavation c. storage or dumping of any soils, materials, equipment, vehicles,

machinery or waste products d. entry and exit pits for the provision of underground services



e. any other actions or activities that may result in adverse impacts to retained native vegetation.

Native vegetation permitted to be removed, destroyed or lopped. 45. The total extent of native vegetation permitted to be removed,

destroyed or lopped under this permit is 0.620 hectares, within a Detailed Assessment Pathway. This is comprised of:

a. eleven large “scattered” native trees, within three patches; and b. one small “scattered” native tree.

Native vegetation offsets 46. To offset the proposed removal of 0.620 hectares of native

vegetation, the permit holder must secure a native vegetation offset in accordance with Guidelines for the removal, destruction or lopping of native vegetation (DELWP 2017), the permit holder must secure the following offsets:

a. General offset b. General Habitat Units (GHUs) 0.131 c. Vicinity Attributes: located within the Goulburn Broken

Catchment Management Authority (CMA) region or Benalla Rural City Council municipal area

d. Minimum Strategic Biodiversity Value Score (SBV) of at least 0.214; and eleven Large Trees.

47. Before any native vegetation is removed, evidence that the offset required by this permit has been secured must be provided to the satisfaction of the Responsible Authority. This evidence must be one or both of the following:

a. an established first party offset site including a security agreement signed by both parties, and a Management Plan detailing the 10-year management actions and ongoing management of the site, and / or

b. credit extract(s) allocated to the permit from the Native Vegetation Credit Register.

48. Within 30 days of endorsement of the offset evidence, a copy of the endorsed offset evidence must be provided to Planning Approvals at the Department of Environment, Land, Water and Planning Hume regional office ([email protected]). A copy of the offset evidence will be endorsed by the Responsible Authority and form part of this permit.

Condition Nos. 49 to 54 Required by AusNet 49. No part of the proposed development is permitted on AusNet

Transmission Group’s easement unless otherwise agreed to in writing by AusNet Transmission Group.



50. Access to and along the easement must be maintained at all times for AusNet Transmission Group’s vehicles, staff and contractors.

51. Natural ground surface levels on the easement must not be altered by the stockpiling of excavated material of by landscaping without prior written approval from AusNet Transmission Group.

52. The use of vehicles and equipment exceeding 3 metres in height are not permitted to operate on the easement without prior written approval from AusNet Transmission Group.

53. Approval must be obtained from AusNet Transmission Group as to the position and/or suitability of any roads that are proposed within the easement.

54. Details of any proposed services within the easement must be submitted to AusNet Transmission Group and approved in writing prior to the commencement of work on the site.

Conditions Nos. 55 to 58 Required by the Goulburn Broken Catchment Management Authority 55. Centralised inverter and transformer blocks and any buildings (e.g.

for operations and maintenance must be located a minimum of 30 metres from the nearest top of bank of the designated waterway.

56. The finished floor levels of centralised inverter and transformer block and any buildings to be set at least 300 millimetres above the general natural surface elevation.

57. Solar panels must be located a minimum of 15 metres from the nearest top of bank of the designated waterway.

58. In the two locations where the boundary fencing crosses the designated waterway the fencing shall be designed such that it does not obstruct flood flows. For example, farm type fencing, large open mesh (150mm centres), vertical pool style fencing (150mm centres), fencing that lifts with the floodwater or similar.

Condition Nos. 59 to 61 Required by the Environmental Protection Authority 59. Noise emitted from the premises must not exceed the recommended

levels as set out in Noise from Industry in Regional Victoria (NIRV; EPA Publication 1411, 2011) or as amended.

60. Construction and post-construction activities must be in accordance with EPA Publication 275 Construction Techniques for Sediment Pollution Control 1991 or as amended.

61. A secondary containment system must be provided for liquids which if spilt are likely to cause pollution or pose an environmental hazard.



Condition Nos. 62 to 74 Required by the Country Fire Authority 62. CFA requires that facility operators develop an emergency

management plan consistent with the requirements of AS 3745: Planning for emergencies in facilities. The emergency management plan is to include:

a. emergency prevention, preparedness and mitigation activities b. activities for preparing for, and prevention of emergencies (e.g.

training and maintenance) c. control and coordination arrangements for emergency response

(e.g., evacuation procedures, emergency Assembly Areas and procedures for response to hazards); and

d. the agreed roles and responsibilities of on-site personnel (e.g. equipment isolation, fire brigade liaison, evacuation management).

e. To facilitate fire brigade response, CFA’s expectation is that the emergency management plan includes:

f. facility description, including infrastructure details, activities and operating hours

g. a site plan containing infrastructure (solar panels, wind turbines, inverters, battery storage, generators, diesel storage, buildings), site entrances, exits and internal roads; fire services (water tanks, fire hydrants, fire hose reels); and neighbouring properties

h. up-to-date contact details of site personnel, and any relevant off-site personnel that could provide technical support during an emergency

i. a manifest of dangerous goods (if required under the Dangerous Goods (Storage and Handling) Regulations 2012)

j. emergency procedures for credible hazards and risks, including fire

k. procedures for notifying the emergency services; and l. procedures for evacuating personnel m. a Fire Management Plan includes all of the fire mitigation

measures that will be implemented to reduce the risk of fire, established through a risk management process. A Fire Management Plan may specifically address: Risk management measures specific to fire (as above);

and A fuel (vegetation) reduction and maintenance

plan/procedure.



CFA’s expectation is that the Fire Management Plan forms part of the Emergency Management Plan; where the hazards/risks and controls are identified and implemented to ensure fire risk is managed so far as is reasonably practicable, and the activities associated with fuel reduction and maintenance are captured in the organisation’s Standard Operating Procedures.

63. CFA requires the installation of Emergency Information Containers at each vehicle entry to the site, each containing an Emergency Information Book consisting of:

a. a description of the premises, its infrastructure and operations b. site plans that include the layout of the entire site, including

buildings, internal roads, infrastructure, fire protection systems and equipment, dangerous goods storage areas, drains and isolation valves, neighbours and the direction of north

c. up-to-date contact details for site personnel, regulatory authorities and site neighbours

d. a manifest of dangerous goods (if required) as per Schedule 3 of the Dangerous Goods (Storage and Handling) Regulations 2012

e. safety Data Sheets for all dangerous goods stored on-site f. procedures for management of emergencies, including

evacuation, containment of spills and leaks, and fire procedures.

CFA requires that the Emergency Information Container be: a. painted red and marked ‘EMERGENCY INFORMATION’ in white

contrasting lettering not less than 25mm high b. located at all vehicle access points to the facility, installed at a

height of 1.2m – 1.5m c. accessible with a fire brigade standard ‘003’ key.

64. Adequate access to and within the facility will assist CFA in responding to and managing fires on site. To enable access for fire appliances, CFA requires that the following provisions be considered:

a. A four metre perimeter road should be constructed within the ten (10) metre perimeter Fire Break.

b. Roads are to be of all-weather construction and capable of accommodating a vehicle of 15 tonnes.

c. Constructed roads should be a minimum of four metres in trafficable width with a four metre vertical clearance for the width of the formed road surface.



d. The average grade should be no more than 1 in 7 (14.4 per cent or 8.1°) with a maximum of no more than 1 in 5 (20 per cent or 11.3°) for no more than 50 metres.

e. Dips in the road should have no more than a 1 in 8 (12.5 per cent or 7.1°) entry and exit angle.

f. Incorporate passing bays at least every 600m which must be at least 20m long and have a minimum trafficable width of 6m. Where roads are less than 600m long, at least one passing bay is to be incorporated.

g. Road networks must enable responding emergency services to access all areas of the facility.

h. The provision of at least two but preferably more access points to the site, to ensure safe and efficient access to and egress from areas that may be impacted or involved in fire. The number of access points should be informed through a risk management process.

65. Maintenance and repair activities that involve flame cutting, grinding, welding or soldering (hot works) are to be performed under a ‘Hot Work Permit’ system or equivalent hazard or risk management process.

66. Facility operators are to undertake the following fuel management measures during the Fire Danger Period:

a. Grass is to be maintained at below 100mm in height during the declared Fire Danger Period.

b. A fire break area of ten (10) metres width is to be maintained around the perimeter of the facilities, electricity compounds and substations. This area is to be of non-combustible mulch or mineral earth. The fire break area must commence from the boundary of

the facility or from the vegetation screening (landscape buffer) inside the property boundary.

The fire break must be constructed using either mineral earth or non-combustible mulch such as crushed rock.

The fire break must be vegetation free at all times. No obstructions are to be within fire break area (e.g. no

stored materials of any kind). c. Adhere to restrictions and guidance during the Fire Danger

Period, days of high fire danger and Total Fire Ban days (refer to www.cfa.vic.gov.au).

d. All plant and heavy equipment is to carry at least a 9-litre water stored-pressure fire extinguisher with a minimum rating of 3A,



or fire-fighting equipment as a minimum when on-site during the fire danger period.

e. There is to be no long grass or deep leaf litter in areas where plant and heavy equipment will be working.

67. Containers/infrastructure for battery installations are to be located so as to be directly accessible to emergency responders (e.g., provided with a suitable access road).

68. Adequate ventilation of the battery container/storage area is to be provided where required under (DR) AS 5139; the manufacturer’s requirements and/or SDS for battery storage.

69. Containers/infrastructure for battery installations are to be provided with appropriate spill containment/bunding that includes provision for fire water runoff.

70. Battery installations that contain dangerous goods may have to comply with the requirements of the Dangerous Goods Act 1985; the Dangerous Goods (Storage and Handling) Regulations 2012; and relevant Australian Standards.

71. Battery storage manufacturers must provide specifications for safe operating conditions for temperature and the effects on battery storage if involved in fire. This information must be provided within the content of the Emergency Information Book at the main entrance of the facility.

72. Battery installations are to be kept free of extraneous materials and combustible materials of all kinds. Regular inspections and housekeeping is to be conducted to ensure materials do not accumulate.

73. Battery installations are to be serviced/maintained as per the manufacturer’s requirements.

74. Containers/infrastructure for battery installations must be clear of vegetation for 10m on all sides, including grass. CFA requires non-combustible mulch such as stone or mineral earth within this 10m area.

75. This permit will expire if one of the following circumstances applies: a. the development is not started within two years of the date of

this permit b. the development is not completed within four years of the date

of this permit c. the use does not start within two years after completion of the

development; or d. the use is discontinued for a period of two years.

The Responsible Authority may extend the commencement date if a request is made in writing by the owner or the occupier of the land



to which the permit applies before the permit expires or within six months afterwards. The Responsible Authority may extend the time within which the development is to be completed if the development has commenced and a request in writing is made by the owner or the occupier of the land to which it applies within 12 months after the permit expires.

Advice Notes 1. The granting of this permit does not obviate the necessity for

compliance with the requirements of any other authority under any act, regulation or local law.

2. Prior to any works being carried out in relation to any part of the septic system a permit for the works must be obtained from the Benalla Rural City Council. A land capability assessment must be accompanied with each application on the proposed subdivision.

3. A road opening/crossing permit must be obtained from the Responsible Authority prior to the carrying out of any vehicle crossing works.

4. This permit does not authorise the commencement of any building construction works. Before any such development may commence, the applicant must apply for and obtain appropriate building approval.

DELWP Notes Limited availability of Native Vegetation Credits in North-east Victoria Native vegetation offset credits may be in limited supply in the north-east region (DELWP’s Hume region). As a consequence, there may be delays in applicants being able to source suitable offsets for their proposed development. Buffer Plantings Any new plantings within “buffer” and “screening” areas should consist of indigenous species as this will provide habitat for local native fauna. The local CMA can provide guidance and lists of indigenous plants as well as links to local indigenous plant nurseries. Wildlife Salvage A licensed wildlife salvage / recovery team should be present on-site during the removal of any hollow-bearing trees that may contain native wildlife (As acknowledged in AECOM Report, Appendix A, 7.1 page 45). Hollow-bearing limbs should be careful lowered (not felled / or dropped) to the ground so that hollows can be inspected. Any wildlife found should be sensitively cared for and re-located to another suitable site in accordance with the Wildlife Act 1975.

Carried.



4. Tree Asset and Maintenance Management Plan 2018 – 2021

The report presents the Draft Tree Asset and Maintenance Management Plan 2018-2021 prior to release for community consultation.

Cr Alexander / Cr Claridge That the Planning and Development Committee, acting under its delegated authority of the Council, endorse the Draft Tree Asset and Maintenance Management Plan 2018-2021 for community consultation commencing 31 July 2019, concluding 28 August 2019.

Carried.

5. Schedule 13 Permit to Burn in a Fire Restricted period

The report assesses the requirement of the Council to continue the issue of Schedule 13 permits on behalf of the Country Fire Authority.

Cr Firth / Cr Davis That the Council: 1. Cease to issue Schedule 13 - Permits to Burn by a Private Person

during the declared fire danger period. 2. Inform the Country Fire Authority of the decision.

Carried.

6. Building and Planning Approvals – May 2019

The report details planning permit applications and building approvals for May 2019. Cr Claridge / Cr Alexander That the report be noted.

Carried.

7. Confidential business

It is proposed that the following items be considered in confidential business under s 89(2) (d) as they contain contractual information.

▪ CM10.019 Supply, Construction and Installation of a Covered Riding Arena at Benalla Sports and Equestrian Centre



▪ CM19.025 Provision of slashing services – Council roadsides and reserves 2019 – 2025 panel

▪ CM19.033 NEWRRG C181902 Provision of metal collection, transport and reprocessing services 2019 -2024

▪ CM 19.035 Provision of Weed Control and Spraying Services 2019-2026

Cr Davis / Cr van Wersch That the meeting be closed to the public for the consideration of the confidential business items noted above pursuant to Section 89(2) (d) of the Local Government Act 1989. Carried.

Recommendation: That the reports and recommendations of the Planning and Development Committee Meeting held on Wednesday 17 July 2019 be adopted.



8.2 Finance and Operations Committee

Report and recommendations of the Finance and Operations Committee meeting held on Wednesday 24 July 2019.

1. Public submissions on any matter

There were no public submissions made to the meeting.

2. 2019/20 Community Sponsorship ProgramThe report presents funding applications under the 2019/20 Community Sponsorship Program.

Cr Upston / Cr Davis That the following grants be funded from the 2019/20 Community Sponsorship Program: Benalla Family Research Group Inc. $500 Renewable Energy Benalla Inc. $500 Rotary Club of Benalla Inc. $390 Gliding Club of Victoria Inc. as auspice for

“Benalla Rugged Up” $400 Swanpool & District Community Development Association Inc. $500 North East Artisans Inc $500

Carried.

3. 2019 Local Government Community Satisfaction Survey

The report presents results from the Benalla Rural City Council 2019 Local Government Community Satisfaction Survey.

Cr Firth / Cr van Wersch That the report be noted.

Carried.

Recommendation: That the report and recommendations of the Finance and Operations Committee meeting held on Wednesday 24 July 2019 be adopted.



8.3 Assemblies of Councillors, advisory and external committees

The Victorian Local Government Act 1989 requires that the Chief Executive Officer keep a written record of Assemblies of Councillors. The record of Assemblies since the Council Meeting on 26 June 2019 is attached as Appendix 1.

Records of the following meetings have been circulated to Councillors under separate cover. Copies of non-confidential documents are available on request from the Customer Service Centre.

April

18 Accessibility Reference Group

May

5 Benalla Splash Park Project Control Group

6 Benalla Sports and Equestrian Centre

27 Community Plan Implementation Steering Committee

June

11 Benalla Art Gallery Committee

20 Municipal Emergency Management Planning Committee

July

5 Benalla Airport Advisory Committee

10 Assembly of Councillors – Business Review

16 Benalla Splash Park Project Control Group

Recommendation: That the reports be noted.

Record of Assemblies of Councillors Council meeting cycle end 31 July 2019

Benalla Airport Advisory Committee 3pm, Wednesday 10 July 2019 Customer Service Centre, 1 Bridge Street East, Benalla Chair Councillor Peter Davis Committee Tim Shirley – Gliding Club of Victoria

Craig Morrison – Benalla Aviation Museum Joni Jones – Balloon Association of Victoria Rob Evans – Benalla Aero Club In Greg Robertson – Manager Facilities Elsie Northey – Facilities Coordinator

In attendance Lisa Stickland – Administration Officer Item discussed Conflicts of interest

disclosed 1. Airport Manager’s report Nil 2. User group reports Nil

Assembly of Councillors - Business Review 12 noon, Wednesday 10 July 2019 Civic Centre (Council Meeting Room), 13 Mair Street, Benalla Chair Councillor Scott Upston (Mayor) Councillors Councillor Barbara Alexander

Councillor Danny Claridge Councillor Peter Davis Councillor Don Firth Councillor Bernie Hearn Councillor Willie van Wersch

In attendance Dom Testoni, Chief Executive Officer Greg Robertson, Acting General Manager Corporate

Item discussed Conflicts of interest disclosed

1. Ownership of Former Benalla Migrant Camp Huts Nil Councillor Bernie Hearn

8.3 APPENDIX 1

Record of Assemblies of Councillors - Council meeting cycle end 26 June 2019 2

Benalla Splash Park Project Control Group 9am, Tuesday 16 July 2019 Customer Service Centre, 1 Bridge Street East, Benalla Chair Councillor Don Firth Committee Councillor Bernie Hearn

Dom Testoni – Chief Executive Officer Greg Robertson – Manager Facilities Danny Muldeary – Engineering Coordinator

In attendance Lisa Stickland – Administration Officer Item discussed Conflicts of interest

disclosed 1. Heritage Victoria update Nil 2. Project timelines Nil 3. Agreed actions



9. Reports by Officers

9.1 Authorisation of Signing and Sealing of Documents



9.2 Supply, Construction and Installation of a Covered Riding Arena at Benalla Sports and Equestrian Centre

CM19.019 Danny Muldeary – Acting Manager Capital Projects

PURPOSE OF REPORT

The report presents an overview of the Memorandum of Understanding (MOU) process for the supply, construction and installation of a covered riding arena at the Benalla Sports and Equestrian Centre project.

BACKGROUND

In May 2019, tenders were sought for the supply, construction and installation of a covered riding arena at the Benalla Sports and Equestrian Centre. The Planning and Development Committee, at its meeting on 17 July 2019 resolved, under delegated authority from the Council, not to award any tender in relation to this project. The Equestrian Centre (Raise the Roof) Project Control Group, at its meeting on 4 July 2019, recommended that an MOU be established between the Council and Raise the Roof Incorporated.

DISCUSSION

The MOU establishes Raise the Roof Incorporated as the responsible party for the procurement and delivery of the covered riding arena. Raise the Roof Incorporated will be required to report to the Equestrian Centre (Raise the Roof) Project Control Group.

The Council, in auspicing this MOU as required by the Victorian Government, will augment the Raise The Roof Benalla Incorporated in allocating resources and meeting funding guidelines and service delivery measures.

The MOU will be developed by the Equestrian Centre Raise the Roof Project Control Group. This project control group includes:

Cr Bernie Hearn Chair Cr Don Firth Dom Testoni CEO Gerard Komen Manager, Capital Project Melissa Mounsey Chair Raise the Roof Funding Committee Narelle Bridges Benalla & District Adult Riding Club



Annette Boyd Big Valley Quarter Horse Association Inc. Ron Waddell Benalla Pony Club

COUNCIL PLAN 2017-2021 (2019 REVIEW) IMPLICATIONS

High Performing Organisation

▪ We will be a high performing, efficient and innovative organisation based onsound financial management, accountability and good governance to providebest value service to our whole community.

FINANCIAL IMPLICATIONS

The 2019/2020 Budget allocates $300,000 for this project.

RECOMMENDATION

1. That the Council enter into a Memorandum of Understanding with Raisethe Roof Incorporated to deliver the construction and installation of acovered riding area at Benalla Sports and Equestrian Centre.

2. That the Equestrian Centre (Raise the Roof) Project Control Groupadvise the Chief Executive Officer on the content of the Memorandum ofUnderstanding, liaise regularly with Raise the Roof Incorporated andprovide reports to the Council on the project’s progress.

3. That the Chief Executive Officer be authorised to execute theMemorandum of Understanding on behalf of the Council.



9.3 Council Actions Pending

Council Actions Pending are detailed in Appendix 1.

Recommendation: That the report be noted.

Agenda – Ordinary Meeting of Council 31 July 2019

1

Council actions pending from the cycle of meetings ended 26 June 2019

Item #

Meeting Item Action Officer Status/notes

1. P&D Committee 3 April 2019

2 Planning application for Major Promotion Sign, 137 Sydney Road, Benalla. 1. That the Council having caused notice of Planning Application No

P0072/18 to be given under Section 52 of the Planning andEnvironment Act 1987 and having considered all the matters requiredunder Section 60 of the Planning and Environment Act 1987 decides toRefuse to Grant a Permit under the provisions the Benalla PlanningScheme in respect of the land known and described as 137 SydneyRoad, Benalla, for the construction and display of a major promotionsign on the following grounds:a. The scale of the sign will have an unreasonable impact on the

existing streetscape character.b. The scale of the sign will not be relative to the scale and proportion

of existing buildings on the land.c. The sign will unreasonably add to the visual clutter of signage in

the surrounding area.d. The sign will have an unreasonable impact on the visual

appearance of the area being one of the main entrances into theBenalla Township.

2. That the Council seek further information on standards in the region forMajor Promotional Signage with a view to developing a Council Policy.

MD An appeal has been lodged by the applicant against the Council’s decision to refuse a permit. The Tribunal has ordered that the hearing date be held on 21 October 2019.

Quote obtained for inclusion of Policy in Planning Scheme 9.3 A

PPEND

IX 1

Agenda – Ordinary Meeting of Council 13 March 2019

Council actions pending from the cycle of meetings ended 22 May 2019 2

Item #


2. Ordinary Council 17 April 2019

9.2 Submission of the Proposed 2019/20 Budget 1. That public notice be given that the Council has prepared its Proposed

2019/20 Budget. 2. That the Proposed 2019/20 Budget be placed on public exhibition for a

period of at least 28 days. 3. That submissions relating to the Proposed 2019/20 Budget be heard at

a Special Meeting of the Finance and Operations Committee on 5 June 2019.

4. That the Council consider submissions on the Proposed 2019/20 Budget at a Special Meeting of Council on Wednesday 19 June 2019.

5. That the Council consider adoption of the 2019/20 Budget at the Ordinary Meeting of Council on Wednesday 26 June 2019.

MF

Complete

3. Ordinary Council 17 April 2019

9.3 Draft Council Plan 2017-21 (2019 Review) 1. That public notice be given that the Council has reviewed its Council

Plan 2017-2021. 2. That the draft Council Plan 2017-2021 (2019 Review) be placed on

public exhibition for a period of at least 28 days commencing Wednesday 24 April 2019.

3. That submissions relating to the draft Council Plan 2017-2021 (2019 Review) be heard at a Special Meeting of the Finance and Operations Committee on Wednesday 5 June 2019.

4. That the Council consider submissions on the draft Council Plan 2017-2021 (2019 Review) at a Special Meeting of Council on Wednesday 19 June 2019.

5. That the Council consider adoption of the Council Plan 2017-2021 (2019 Review) at the Ordinary Meeting of Council on Wednesday 26 June 2019.

GMC

Complete



Item #


4. Ordinary Council 22 May 2019

7 Petition regarding Mitchell Street 1. That the petition be received.2. That a report be presented to the Planning and Development

Committee.

MO Has been referred to the Local Safety Committee

5. Ordinary Council 22 May 2019

9.2 Benalla Airport Leases – Submissions 1. That in accordance with Section 190 of the Local Government Act

1989, a lease agreement be entered into with Mr David Boyce forHangar site 2 at the Benalla Airport, Samaria Road, Benalla for a termof five years commencing 1 July 2019 with an option for one furtherterm of five years.

2. That in accordance with Section 190 of the Local Government Act1989, a lease agreement be entered into with Blue Range Aviation PtyLtd for Hangar site 3 at the Benalla Airport, Samaria Road, Benalla fora term of five years commencing 1 July 2019 with an option for onefurther term of five years.

3. That the Chief Executive Officer be authorised to execute leasedocumentation on behalf of the Council.

MFAC Complete

6. Special F&O 5 June 2019

1 Proposed 2019/20 Budget – Submissions 1. That submissions be received.2. That submissions be considered at a Special Meeting of the Council on

19 June 2019.

MF Complete

7. Special F&O 5 June 2019

2 Council Plan 2017-2021 (2019 Review) 1. That the report be noted.2. That the Council consider adoption of the Council Plan 2017-2021

(2019 Review) at a Meeting of the Council on Wednesday 26 June2019.

GMC Complete



Item #


8. P&D Committee 12 June 2019

2 Ownership of Former Benalla Migrant Camp Huts 1. That ownership of Benalla Airport Huts one and two be transferred to

the Gliding Club of Victoria Inc. via a Deed of Gifting. 2. That ownership of Benalla Airport Hut three be transferred to the

Balloon Association of Victoria Inc. via a Deed of Gifting. 3. That ownership of Benalla Airport Huts 63 and 64 be transferred to

the Benalla Theatre Company Inc. via a Deed of Gifting. 4. That the Chief Executive officer be authorised to execute transfer

documentation.

MFAC

Complete

9. P&D Committee 12 June 2019

4 Benalla Botanical Gardens - Installation of Plaque 1. That the installation of a memorial plaque in the Benalla Botanical

Gardens commemorating the planting of a Jersey Elm by Dr Philip Moors AO be approved.

MO

Complete

10. Special Council 12 June 2019

1 Proposed 2019/20 Budget – Submissions 1. That the Proposed 2019/20 Budget be amended to include an

allocation of $20,000 to the Benalla Art Gallery Committee. 2. That the Council consider adoption of the 2019/20 Budget at a

Meeting of the Council on Wednesday 26 June 2019.

MF

Complete

11. F&O Committee 12 June 2019

2 2019 General Valuation That on being declared true and correct by the Minister for Planning the 2019 General Valuation be adopted and used for rating purposes for the 2019/20 financial year.

MF

Complete


3 2018/19 Community Sponsorship Program That the following grants be funded from the 2018/19 Community Sponsorship Program: ▪ Benalla Theatre Company Inc. $500 ▪ Benalla Swimming Club Inc. $500

MC

Complete



Item #



4 Related Party Disclosures Policy 1. That the Related Party Disclosure Policy be adopted.2. That the Related Party Disclosure Policy be reviewed in June 2021.

GMC Complete

14. Ordinary Council 26 June 2019

8.1 Ownership of Former Benalla Migrant Camp Huts That the item settling the ownership of Former Benalla Migrant Camp Huts be deferred to the Planning and Development Committee Meeting 17 July 2019.

MFAC Complete


9.2 Council Plan 2017-2021 (2019 Review) 1. That the Council Plan 2017-2021 (2019 Review) be adopted.2. That the Council Plan 2017-2021 (2019 Review) is submitted to the

Minister for Local Government in accordance with Section 125 of theLocal Government Act 1989.

GMC Complete


9.3 2019/20 Budget 1. That the 2019/20 Budget be adopted.2. That the 2019/20 Budget be submitted to the Minister for Local

Government in accordance with Section 130 of the Local GovernmentAct 1989.

3. That public notice be given in accordance with Section 130 of theLocal Government Act 1989 of the Council’s decision to adopt the2019/20 Budget.

4. That each and every person or persons who made a submission onthe Proposed 2019/20 Budget be notified in accordance with Section223 of the Local Government Act 1989 of the Council’s decision toadopt the 2019/20 Budget.

MF Complete


11 Reports by Councillors That the Council write a letter of acknowledgement to Mayor of Wodonga Cr Anna Speedie and staff for the time and effort in running the urban development tour.

MC



Item #



13.1 Notice of Rescission Motion - Benalla Airport Leases 1. That the resolutions detailed below from Ordinary Meeting of Council

Item 9.2 on 22 May 2019 be rescinded: 2. That in accordance with Section 190 of the Local Government Act

1989, public notice be published on the Council’s intention to lease Hangar Site 2 the Benalla Airport, Samaria Road, Benalla to Mr David Boyce for a term of five years commencing 1 July 2019 with an option for four further terms of five years.

3. That in accordance with Section 190 of the Local Government Act 1989, public notice be published on the Council’s intention to lease Hangar Site 3 at the Benalla Airport, Samaria Road, Benalla to Blue Range Aviation Pty Ltd for a term of five years commencing 1 July 2019 with an option for four further terms of five years.

MFAC

Complete


14 Urgent Business - Section 173 Agreement That the Agreement under section 173 of the Planning and Environment Act 1987 regarding 123 Eleven Mile Creek Road, Glenrowan West, Victoria, between Benalla Rural City Council and: ▪ Mokoan Management Service Pty Ltd; and ▪ Glenrowan Sun Farm Pty Ltd

be signed and sealed with the Common Seal of the Council.

MO

Complete



10. Mayor and Councillors’ attendance at committees and civic functions SF/808-04

Gail Brown – Executive Assistant to the CEO, Mayor and Councillors

The Mayor and Councillors, listed in alphabetical order, attended meetings and events as detailed below during the period from 20 June 2019 to 17 July 2019. ▪ Councillor Claridge was on leave from 21 June to 7 July 2019 ▪ Councillor Hearn is taking leave from 16 July to 6 August 2019.

Councillor Barbara Alexander AO 20 June Rotary Club of Benalla Changeover Dinner 24 June NE Tracks LLEN Committee of Management Early Years Working Group 25 June Benalla Art Gallery Trust ANZAC Commemorative Committee 26 June Councillor Only Forum including briefing by CEO North East Victoria Tourism

Board Council Meeting 27 June Accessibility Reference Group 3 July Communications Advisory Committee 10 July Assembly of Councillors - Business Review Councillor Only Forum 16 July HMAS Benalla - Freedom of Entry Ceremony and Civic Reception 17 July Representative meeting - Former Benalla Migrant Camp Benalla Festival - Village by the Lake – meeting with event organisers Councillor Only Forum Planning and Development Committee 23 July CBD Infrastructure Working Group Benalla Art Gallery Committee 24 July Councillor Only Time Finance and Operations Committee

Councillor Danny Claridge 10 July Assembly of Councillors - Business Review Councillor Only Forum 16 July HMAS Benalla - Freedom of Entry Ceremony and Civic Reception Councillor Only Forum Planning and Development Committee



Councillor Danny Claridge 23 July Benalla Family Research Group 24 July Councillor Only Time Finance and Operations Committee

Councillor Peter Davis 20 June Lima School Reserve Committee of Management (Election of Office Bearers) 24 June Regional Roads Victoria (RRV) Strategy Development Workshop 26 June Councillor Only Forum including briefing by CEO North East Victoria Tourism

Board Council Meeting 5 July Benalla Airport Advisory Committee 10 July Assembly of Councillors - Business Review Councillor Only Forum 16 July HMAS Benalla - Freedom of Entry Ceremony and Civic Reception 17 July Councillor Only Forum Planning and Development Committee 24 July Councillor Only Time Finance and Operations Committee

Councillor Don Firth 26 June Councillor Only Forum including briefing by CEO North East Victoria Tourism

Board Council Meeting 27 June Winton Wetlands Committee of Management 28 June Equestrian Centre (Raise the Roof) Project Control Group 3 July Communications Advisory Committee 4 July Equestrian Centre (Raise the Roof) Project Control Group 10 July Assembly of Councillors - Business Review Councillor Only Forum 16 July HMAS Benalla - Freedom of Entry Ceremony and Civic Reception 17 July Councillor Only Forum Planning and Development Committee 23 July CBD Infrastructure Working Group 24 July Councillor Only Time Finance and Operations Committee



Councillor Bernie Hearn 24 June Benalla P-12 College School Council 26 June Councillor Only Forum including briefing by CEO North East Victoria Tourism

Board 28 June Equestrian Centre (Raise the Roof) Project Control Group Council Meeting 2 July Pre-Teen Taskforce 4 July Equestrian Centre (Raise the Roof) Project Control Group 10 July Assembly of Councillors - Business Review Councillor Only Forum

Councillor Scott Upston Mayor 20 June Municipal Emergency Management Planning Committee 22 June 2019 Benalla Lions Club Changeover Dinner 23 June Benalla RSL Sub-Branch 100 Year Anniversary Celebration 24 June Taungurung's Recognition and Settlement Agreement - Council Forum 26 June Mayor and CEO Briefing Victoria Police (Benalla) Briefing Councillor Only Forum including briefing by CEO North East Victoria Tourism

Board Council Meeting 27 June Goorambat Stewarton Solar Farm Pre-DA Presentation 7 July NAIDOC Week Flag Raising Ceremony 9 July Mayor and CEO Briefing 10 July Assembly of Councillors - Business Review Councillor Only Forum 11 July Regional Development Victoria 15 July Indi LGA Round Table HMAS Benalla Freedom of Entry Ceremony Rehearsal 16 July HMAS Benalla - Freedom of Entry March and Civic Reception Mayor and CEO Briefing 17 July Representative meeting - Former Benalla Migrant Camp Councillor Only Forum Community Member meeting – Historical Project Planning and Development Committee 18 July Benalla P-12 College 5 and 6 Hub Rotary Youth Community Program Benalla Youth Service Providers Network 20 July Benalla P-12 College Debutant presentation



Councillor Scott Upston Mayor 21 July Final Judging of Benalla Lions Club Junior Public Speaking Club 22 July Meeting with Chief Executive Officer Goulburn Ovens Institute of TAFE 23 July Mayor and CEO Briefing 24 July Councillor Only Time Finance and Operations Committee

Councillor Willie van Wersch 26 June Councillor Only Forum including briefing by CEO North East Victoria Tourism

Board Council Meeting 10 July Assembly of Councillors - Business Review Councillor Only Forum 17 July Benalla Festival - Village by the Lake – meeting with event organisers Councillor Only Forum Planning and Development Committee 23 July CBD Infrastructure Working Group 24 July Councillor Only Time Finance and Operations Committee

Recommendation:

That the report be noted.



11. Reports by Councillors

Recommendation: That the report(s) be noted.

12. Notices of Motion

13. Notices of Rescission Motion

14. Urgent Business Business can only be admitted as urgent business by resolution of the Council, and only then if it:

relates to or arises out of a matter which has arisen since distribution of the agenda; and

cannot be deferred until the next Ordinary Meeting without having a negative impact on the Council, the municipality or the local community; and

cannot be addressed through the Customer Request Management System. A Councillor proposing that a matter be admitted as urgent business must lodge it in writing with the Chief Executive Officer by 4pm on the day of the Meeting.

The Chief Executive Officer will advise the Mayor of any matter that the Chief Executive Officer determines appropriate for the Council to consider admitting as urgent business.



15. Confidential Business A Council or Special Committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following:

(a) personnel matters; (b) the personal hardship of any resident or ratepayer; (c) industrial matters; (d) contractual matters; (e) proposed developments; (f) legal advice; (g) matters affecting the security of Council property; (h) any other matter which the Council or special committee considers would prejudice the Council or any person; (i) a resolution to close the meeting to members of the public.

It is proposed that the following items be considered in Confidential Business pursuant to the to the Local Government Act 1989 S. 89(2) (d) as they contain contractual matters:

Confidential report from the Planning and Development Committee CM19.010 Public building and amenities cleaning services 2019 to 2026 CM19.021 Dry Hire of a Front End Loader and Landfill Compactor Confidential Council Actions Pending.

Recommendation: That the meeting be closed to the public for the consideration of the confidential business items noted above pursuant to Section 89(d) of the Local Government Act 1989.



16. Reopening of meeting to the public

Recommendation: That the meeting be reopened to the public.

17. Closure of the meeting