MANSFIELD SHIRE COUNCIL Ordinary Meeting of Council · Matchpoint Solutions, through 2MH...

1.

MANSFIELD SHIRE COUNCIL Ordinary Meeting of Council MANSFIELD SHIRE

MINUTES

TUESDAY, 15 MARCH 2016 MANSFIELD SHIRE OFFICE 33 Highett Street, Mansfield

5.00PM

CONTENTS 1. OPENING OF THE MEETING............................................................................................... 3

2. STATEMENT OF COMMITMENT ........................................................................................ 3

3. ACKNOWLEDGEMENT OF COUNTRY ............................................................................... 3

4. APOLOGIES.............................................................................................................................. 3

5. CONFIRMATION OF MINUTES ........................................................................................... 3

6. DISCLOSURE OF CONFLICT OF INTERESTS .................................................................. 4

7. REPRESENTATIONS FROM THE PUBLIC......................................................................... 4

7.1 External Presentations .................................................................................................... 4

7.1.1 Certificates of Appreciation ............................................................................... 4

7.2 Deputations ...................................................................................................................... 4

8. NOTICES OF MOTION ........................................................................................................... 4

9. MAYOR’S REPORT .................................................................................................................. 4

10. OFFICER REPORTS ............................................................................................................... 5

10.1 DEPARTMENTAL REPORTS ...................................................................................... 5

Attachment 10.1 ................................................................................................................ 6

10.2 DEVELOPMENT SERVICES ..................................................................................... 23

10.2.1 Update to Mansfield Shire Council Environment Advisory Committee Charter: March 2016 ................................................................................. 23

Attachment 10.2.1 ........................................................................................................... 26

10.3 EXECUTIVE SERVICES ............................................................................................. 34

10.3.1 Change of Date for June 2016 Ordinary meeting of Council ........................ 34

10.3.2 Update - Mansfield Shire Council Instrument of Appointment and Authorisation – Schedule 11A (Planning & Environment Act 1987) ..... 36

Attachment 10.3.2 ........................................................................................................... 39

10.3.3 Mansfield Shire Complaint Resolution Policy and Procedures 2016 ............ 42

Attachment 10.3.3 ........................................................................................................... 45

Mansfield Shire Council – Ordinary Meeting of Council: 15 March 2016

2.

10. OFFICER REPORTS CONT. ................................................................................................ 60

10.4 ENGINEERING & WORKS ........................................................................................ 61

10.4.1 Discontinuance and Closure of Fridays Lane ................................................ 61

Attachment 10.4.1 ........................................................................................................... 69

11. ASSEMBLIES OF COUNCILLORS ..................................................................................... 75

12. ADVISORY AND SPECIAL COMMITTEE REPORTS ....................................................... 76

12.1 Advisory Committees: Minutes of Meeting .................................................................. 76

Attachment 12.1 .............................................................................................................. 77

13. AUTHORISATION OF SEALING OF DOCUMENTS ...................................................... 112

14. PUBLIC QUESTION TIME ................................................................................................. 112

15. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC ......................................... 112

2

mw02

Text Box

16. CLOSE OF MEETING..........................................................................................................113


3.

MINUTES

TUESDAY, 15 MARCH 2016 MANSFIELD SHIRE OFFICE 33 Highett Street, Mansfield

5.00PM

1. OPENING OF THE MEETING The Mayor, Cr Sladdin, opened the meeting at 5.00pm.

Councillors: Marg Attley Tolmie Ward Ellen Hogan Mansfield Ward Paul Sladdin Bonnie Doon Ward Chief Executive Officer: Alex Green Development Services Manager: Michael Bismire (part) Finance & Info Services Manager: Cheryl Nickels-Beattie Engineering & Works Manager: Amer Tawfik

2. STATEMENT OF COMMITMENT

The Councillors affirmed the following Statement of Commitment: “We the Councillors of Mansfield Shire / declare that we will undertake on every occasion / to carry out our duties in the best interests of the community / and that our conduct shall maintain the standards of the Code of Good Governance / so that we may faithfully represent / and uphold the trust placed in this Council by the people of Mansfield Shire.”

3. ACKNOWLEDGEMENT OF COUNTRY

Cr Ellen Hogan affirmed the “Acknowledgement of Country” for the Mansfield Shire Council: “Mansfield Shire Council recognises that indigenous people have been custodians of this area for generations. We acknowledge the living culture and unique role of Taungurung people in our region.”

4. APOLOGIES Cr Ray Robinson – Mansfield Ward Cr Russell Bate – Jamieson Ward

5. CONFIRMATION OF MINUTES

Councillors Hogan/Attley: That the Minutes of the Mansfield Shire Council meeting, held on Tuesday, 16 February 2016, be confirmed as an accurate record.

Carried

3


4.

6. DISCLOSURE OF CONFLICT OF INTERESTS

Nil. 7. REPRESENTATIONS FROM THE PUBLIC

7.1 External Presentations

7.1.1 Certificates of Appreciation

Certificates of Appreciation have been received in recognition of Council’s support for the following events: · 130th Tolmie Sports 2016 (Tolmie Sports Association Inc.) · 2016 Get Together (The Mountain Cattlemen’s Association of Victoria) Councillors Attley/Hogan: That Council receive the Certificates of Appreciation from the Tolmie Sports Association Inc. and the Mountain Cattlemen’s Association of Victoria, respectively.

Carried

7.2 Deputations Nil. 8. NOTICES OF MOTION 9. MAYOR’S REPORT The Mayor, Councillor Sladdin, presented the monthly Mayor’s report to the

Council as follows:

18 February ü Lake Eildon Implementation Group meeting ü Beolite Village 50th Home celebration 19-21 February Bonnie Doon Music Festival 22 February Audit and Risk Advisory Committee meeting 23 February ü Weekly catch-up with Mansfield Shire Chief Executive Officer ü Mansfield Shire Budget Briefing 24 February Community Information and Consultation meeting – Bonnie

Doon 25 February Meeting with local businesses 1 March ü Weekly catch-up with Mansfield Shire Chief Executive Officer ü Councillors Briefing 2 March Merton Hall update

4


5.

9. MAYOR’S REPORT CONT.

3 March Hume Region Chief Executive Officers and Municipal Association of Victoria representatives’ State Planning meeting – Wangaratta

7 March Meeting with ratepayers regarding Dry Creek Road 8 March ü Weekly catch-up with Mansfield Shire Chief Executive Officer ü Mansfield Shire Budget Briefing 9-11 March Rural Councils Victoria Conference 12 March Mansfield Art Gallery opening 15 March ü Weekly catch-up with Mansfield Shire Chief Executive Officer ü Councillors Briefing including Budget ü Ordinary meeting of Council

Councillors Attley/Hogan: That the Mayor’s report be received.

Carried 10. OFFICER REPORTS 10.1 DEPARTMENTAL REPORTS

The Chief Executive Officer presented the monthly Departmental reports to the Council, as follows:

· Community Services · Development Services · Engineering and Works · Executive Services · Finance and Information Services · Tourism and Economic Development Councillors Hogan/Attley: That the monthly Departmental reports be received.

Carried

5


6.

ATTACHMENT 10.1

DEPARTMENTAL REPORTS

(16 PAGES)

6

Mansfield Shire Council – Ordinary Meeting of Council: 15 March 2016: Community Portfolio Report

Community Services Department - Page 1 of 3

COMMUNITY PORTFOLIO MONTHLY REPORT March 2016

EMERGENCY MANAGEMENT RELIEF AND

RECOVERY The end of February saw two Heat Health Alerts being issued by the Chief Health Officer. Communications in regard to surviving extreme heat were stepped up at this time. The hot days also coincided with two days of Total Fire Ban, so emergency management officers across Mansfield and the North East region were kept on high alert with no incidents occurring. The online emergency management co-ordination tool, Crisisworks, was updated to a new, improved and much more functional version. In-house training will now be rolled out.

COMMUNITY DEVELOPMENT Matchpoint Solutions, through 2MH Consulting, were engaged to undertake remediation works on the Mansfield and Bonnie Doon Netball Courts. Works commenced on the Mansfield Courts on the 17 February 2016 with the removal of the failed surface. The moisture content of the existing concrete slab was tested throughout the removal period, and re-tested during the following weeks. As at early March, the moisture content is still outside acceptable parameters for resurfacing works to commence. The moisture content will continue to be tested over the coming weeks, prior to a decision in regards to resurfacing. Works on the Bonnie Doon Courts are scheduled to commence the week of 7 March 2016. The Mansfield Swimming Pool has had a busy month with school swimming sports and an aqua-thon event, in addition to general patronage. The Mansfield Junior Football Club entered eight teams in the aqua-thon. Through the efforts of all the volunteers and entrants it was a fun and successful event with $257 being raised for the YMCA Open Doors programme.

The Sport and Recreation Officer continues to work with the youth hub design contractor, Convic. A workshop was held with the working group on 9 February 2016 to review the design and prioritise the project elements to ensure that the project is scoped within budget whilst meeting the user needs. Council was successful in an application to Victorian Government’s Community Shade Grants Programme for $32,000 for the installation of shade structures at the Youth Hub. Following a number of incidents of vandalism at the Mansfield Sporting Complex in 2015, the Sport and Recreation Officer worked with Mansfield Police to undertake a security audit. A number of security measures were identified and works to address these have commenced, including replacement of doors to solid core doors and improvements to deadlocks. Planning is well underway for the Mansfield Do It festival on Wednesday 16 March 2016 with over 70 groups and organisations registered to attend. Council received $10,000 funding from the Central Hume Primary Care Partnership for the festival. The festival is a showcase and celebration of the rich and diverse array of opportunities that Mansfield Shire has to offer in health and wellbeing, community and recreational pursuits, education and careers opportunities. The festival comprises two parts - a twilight expo style festival and a careers component for students. The community development team continue to support the community to implement the projects within their community plans as follows:

7



• Bonnie Doon: There has been a

successful funding application to the Federal Governments Stronger Communities program for the project ‘A Stroll Down Memory Lane’. This project celebrates the history of the Bonnie Doon township through an interpretive trail and development of a picnic area on the historic Church Street. It is anticipated that this project will commence in July 2016. Also in Bonnie Doon the Community Development team have been supporting the community to prepare a funding application to Regional Development Victoria for the extension of the community centre to include a new kitchen, office area and improved storage.

• Merton: The Community Development team are supporting the community to renovate the Merton Memorial Hall.

• Jamieson: The Community Development team have submitted an expression of interest for funding to the Federal Government’s Stronger Communities programme for upgrades to the Jamieson Memorial Hall; and supported the community to lodge an Expression of Interest to Regional Arts Victoria for a small Towns Transformation Grant to build a bridge to the Island, create art displays and a performance area on the Island.

• Tolmie: The community is currently reviewing their community plan. The Community Development team have supported this through running a number of workshops. A general store for Tolmie is emerging as a key priority for the community and the most recent workshop included an inspirational documentary, telling the story of the Yackandandah General Store.

• Other: The Community Development team have supported the Barjarg Community Group to negotiate their partnership with the CFA for a community meeting space; undertaken a mail out for the Woods Point Community Planning Group; and met with the Goughs Bay Progress Association in regards to current and future projects.

The Community Development Team supported the Bonnie Doon Friends of the Churches by facilitating a workshop to discuss the future of the Uniting Church in Bonnie Doon. The workshop was well attended by approximately 30 people who discussed what the church meant to them and their visions for the future of the building. Following the receipt of a highly commended citation at the Resilient Australia Awards, Council was invited to participate in the Attorney General's Department Emergency Management Australia podcasts. To hear the interview with the Community Development Team on the Mansfield Shire Community Resilience Leadership Programme visit http://www.buzzsprout.com/19389

FAMILY YOUTH AND CHILDREN’S SERVICES Integrated Family Services The 2015-2016 State Budget provided $48.1 million over four years to strengthen Child FIRST and Family Services, including funding to support the implementation of Child and Family Action Plans via flexible care packages. The funding allows for the provision of $1,300 per package. Counsellors are currently reviewing families, with the aim of identifying families in the Mansfield area who would benefit from a flexible care package. Once identified, these families would be nominated for a package. The packages support clients across personal, social/community and economic spheres. Casework continues at a steady rate, with 5 new referrals received in February. Financial Counselling The programme is seeing a consistent demand for casework delivery, with 4 to 5 clients receiving a service each Monday. The programme, funded by Consumer Affairs Victoria through Upper Murray Family Care, is on target to achieve over 100% of target hours (client casework).

8

http://www.buzzsprout.com/19389



The Counsellor is registered to undertake online training, “Ice: Training for Frontline Workers”. The Dignity and Debt Pilot Project (looking at financial needs of older people), which runs until October 2016, is focusing on delivering appropriate and pertinent financial information to older members of the community. The Counsellor is working closely with Mansfield District Hospital’s Community Health Nurse on developing a local brochure for people who intend to move into residential aged care. Youth Services Approximately 60 people attended the official opening of the new premises of Café Connect on 10 February 2016. Councillors, community members, Council staff, young people, media, and service providers were treated to music, a light lunch, beautiful surrounds and dance. Liam Wilson is to be commended as Master of Ceremonies whilst Mayor Paul Sladdin officially opened the Café. The success of the event reflected the hard work done by both Council officers, young people with the support of the broader community and stakeholders. The process to develop the new FReeZA committee continues, along with discussions with Strathbogie & Mitchell Shires around a collaborative, 3 year musical initiative. The Youth Development Officer will be undertaking online training “Ice: Training for Frontline Workers”.

Maternal and Child Health 9 birth notifications and 33 Key Age and Stages developmental assessments completed during February 2016. Staff were also involved in the Mother Goose program. A New Mums’ Group for 2016 commenced. These activities strengthen parenting skills and help families develop strong relationships within their community. Staff worked collaboratively and maintained their networks by attending the breast feeding working party meeting, presenting at an antenatal class with one of the Family Counsellors, and meeting with nurses at Mansfield Medical Clinic.

AGED AND DISABILITY SERVICES Works continue to prepare for the transition to the Commonwealth Home Support Programme from 1 July 2016 with the documentation submitted for the HACC transition funding split between the Victorian and Commonwealth Governments. Officers continue to participate in the regional HACC and Aged Care forums.

9

Mansfield Shire Council – Ordinary Meeting of Council

Development Services Department - Page 1 of 4

DEVELOPMENT SERVICES DEPARTMENTAL REPORT March 2016

STRATEGIC PLANNING C15 Flood Overlays The Minister for Planning has approved this amendment to the Mansfield Planning Scheme. The amendment modifies the application of the existing Urban Floodway Zone, introduces the Floodway Overlay and Land Subject to Inundation Overlay to various areas throughout the municipality that are subject to flooding, and introduces the Mansfield Shire Local Floodplain Development Plan June 2015 as an Incorporated Document. The changes took effect from 11 February. C37 Planning Scheme Review Council continued to progress this amendment with an opportunity given to submitters to the amendment to speak to their submissions at a meeting with Councillors on 2 February. Council will continue to consider its position on the amendment with a formal report to be listed for the Council Meeting on 19 April. C36 Implementation of the Domestic Wastewater Management Plan (DWMP) and Extension of Environmental Significance Overlays Council is still awaiting authorisation to commence exhibition of this amendment, which will include a series of public information sessions across the Shire for landowners whose properties will be subject to the proposed changes.

STATUTORY PLANNING A consultative meeting was held at Jamieson on 21 February attended by some 60 objectors and the applicant to discuss an application which seeks to expands activities on the Camp Howqua site. The meeting was chaired by Jamieson Ward Councillor, Russell Bate. Statutory Planning Team Leader, Grant Trenwith, also attended to provide expert advice on the statutory processes associated with the application which will be presented to a future Council meeting for determination in the next few months.

ENVIRONMENT Roadside Weed Program Three expressions of interests have been received to quote the implementation of the Mansfield Shire Council Roadside Weed Control Program. The preferred contractor will be engaged in March 2016 with works complete by the end of May 2016. Regions to be targeted this year include: Howqua and Howqua Inlet; Howes Creek; Dry Creek Road; and Tolmie (Bunstons Road and Cambertong Road). Approximately 102 km of council managed roads will be subject to weed control works. To gain the greatest efficiency from the Roadside Weed Control Program the Mansfield Shire Council is working with the Up2Us Landcare Alliance and the Blackberry Management Taskforce to jointly target priority areas for works. The final locations for roadside weed spraying will the decided once adjoining landholder participation is finalised. Mansfield Shire Council Environment Advisory Committee - Amended terms of reference At the Environmental Advisory Committee meeting held on 4 February 2016 a proposal was made to invite two youth representatives from the Mansfield Secondary College to be committee members. It was discussed that youth participation on Council advisory committee would be of benefit to both the participants and Council. There was unanimous support for the proposal to invite two students from the Mansfield Secondary College to become members of the Advisory Committee. To enable the youth participation the Mansfield Shire Council Advisory Committee Charter needs to be amended and submitted to Council for endorsement. Environment Officer, Damien Gerrans, has been invited to speak to year 9 and year 10 students at the Mansfield Secondary College on 9 March 2016 where representation on the committee will also be discussed.

10

Alex Green



Mansfield Shire Council Environment Advisory Committee - Council Budget Submission The Environmental Advisory Committee received a briefing from CEO Alex Green and Finance and Information Services Manager (FISM) Cheryl Nickels-Beattie at the meeting held on 4 February 2016. Following the briefing the Advisory Committee discussed a range of Council projects that implemented the Mansfield Shire Council Environmental Priority Action Plan as endorsed by Council in September 2015. The Advisory Committee agreed to draft a submission to the Council budget process identifying the projects that implement both the Action Plan as well as achieve environmental, social and economic benefits for the broader community. The projects that the Environmental Advisory Committee advocates for inclusion in the 2016-2017 Council budgets are:- 1. Mansfield Shire Council contribution to

roadside weed spraying $20,000 2. Blackberry Taskforce contribution (critical to

the implementation of the above project) $10,000

3. Great Victorian Rail Trail adaptive weed management (including grazing trials and guidance documents) and native vegetation interpretive signs $25,000

4. Fords Creek Conservation Plan/Connectivity Plan development (to coordinate community input into a shared vision for Fords Creek as well as propose developer contributions for community assets) $20,000

The members of the Environmental Advisory Committee appreciated the briefing session provide by the CEO and FISM and opportunity to advocate for projects on behalf of the broader community. A formal submission from the Environmental Advisory Committee will be forwarded to FISM. Goulburn Broken Greenhouse Alliance The Goulburn Broken Greenhouse Alliance has successfully facilitated projects that deliver economic, social and environmental benefits for its member Councils. Two recent projects delivered by the Greenhouse Alliance include the Watts Working Better street light upgrade project and the Climate Smart Agriculture project (still in progress).

On 24 February 2016 the Greenhouse Alliance Implementation Forum met to discuss future projects that would benefit member councils. At this meeting Councillors representing the member councils unanimously proposed Cr Marg Attley as Chair of the Implementation Forum which Cr Attley accepted. The Implementation Forum discussed ideas for future projects for the Greenhouse Alliance members include seeking funding from DEDJTR New Energy Jobs Fund to investigate an Electric Vehicle tourism route similar to that currently operating in Western Australia (see: http://www.abc.net.au/news/2015-06-22/electric-highway-links-ev-drivers-from-perth-to-the-south-west/6565378). Because of the tourism benefits identified, there is an opportunity for the Mansfield Shire Council to be the lead council in this project. There are over 2,300 electric vehicles currently registered in Australia. The nearest high speed charging station to Mansfield is on the Hume Highway at Euroa. The Greenhouse Alliance is also pursuing an expression of interest in the Clean Energy Finance Corporation Local Government Finance Program. Loans under this program are for projects or packages of works of value of at least $10M. The Greenhouse Alliance is investigating an expression of interest to consider a program of works to improve council infrastructure and assets across the region. The program of works would have to demonstrate both economic and environmental benefits to local communities. This program is seen as a follow up to the Watts Working Better project and would tackle the next largest electricity cost to local governments following street lighting. Roadside Vegetation Management Training Through the Mansfield Shire Council participation in the Goulburn Broken Local Government Biodiversity Group opportunities again exist for field staff to undertake training in the implementation of the Mansfield Shire Council Roadside Conservation Management Plan. All field services staff participated in training in the past as part of the implementation of the Roadside Conservation Management Plan.

11

http://www.abc.net.au/news/2015-06-22/electric-highway-links-ev-drivers-from-perth-to-the-south-west/6565378





ENVIRONMENT CONT. This training has resulted in significant improvements to how roadside vegetation is valued and managed by Council staff. Training will be made available to new field staff at no cost to Council.

ENVIRONMENTAL HEALTH Immunisation Council will recall recent press articles regarding immunisation rates recorded for infants within the Municipality and published 'Letters to the Editor' and an article by the journalists following the release of data for the 3 month period ending September 2015. The articles focused on the statistical result (being below State average) and countered that the statistics - whilst not disputed - are not a true representation of immunisation rates for the Municipality. The most recent results for the 3 age groups 'monitored' for the quarter ending December 2015 showed Mansfield results were amongst the best for Victoria and exceeded State averages with the following recorded - 12-15 Months age group 95%, 24 - 27 Months 100% and 60-63 months 91%. The figures are quite variable each quarter as they relate to records for about 20 infants in each group - if 1 misses a vaccine due to illness etc, that represents a 5% drop for the group. A meeting is been scheduled by DHHS in Mansfield with immunisation practitioners. Immunisation vaccine consent cards will be shortly distributed to Mansfield Secondary School students for the 3 vaccines applicable to Year 7 students. Wastewater Management A recent meeting was held with officers from Goulburn Murray Water regarding the implementation of the inspection process of existing septic systems within high risk catchments - an action identified in the Council-adopted Domestic Wastewater Management Plan. Inspections are scheduled to commence this financial year in line with the MOU entered into between Council and the water authorities.

Council’s Senior Environmental Health Officer attended a further meeting hosted by MAV with EPA Officers who have formed a 'reference group' to review and provide advice to EPA regarding their reform agenda. The reforms include the method by which EPA approve 'types of systems' that are endorsed for installation within Victoria. The Mansfield Council involvement is as a representative for the Hume Region.

LOCAL LAWS School Talk At the request of Mansfield Primary School, Ranger Norm visited and gave a talk on Local Laws to Grade 3 & 4 students. He demonstrated some of the equipment used in his job and spoke about the benefits of dog registration and micro-chipping. 30 minutes of Q&A covered subjects such as how the ranger deals with cattle on the road, re-homing of lost and unwanted animals and how we determine if a cat is feral. The teachers all thanked Norm and asked him to come back again at some time in the future. Registration Renewals Animal registration renewals have been sent out and will be in letterboxes this week. A total of 2,100 notices have been sent to households in the Shire covering 2,575 dogs and 469 cats. This year Council has moved to lifetime tags so the tags issued this year will remain with a pet for the remainder of its life. This will result in an annual saving of around $1,300 and will expedite processing for Customer Service. Pound News A young kelpie has been re-homed and is already showing promise as a working dog.

BUILDING SERVICES The value of Building Permit activity in the Shire for February totalled $3.25m including 11 new dwellings.

12



EMERGENCY MANAGEMENT Bushfire Reference Group Council has recently received a letter of invite from Christine Ferguson, Regional Director, Hume inviting Council to participate on the Alpine and North East Bushfire Reference Group 2016 and advising: "Your organisation made a very strong and valuable contribution to the work done by the Alpine and North East Bushfire Risk Landscape Project team in 2015. The Alpine and North East Project team believe the Mansfield Shire's involvement is critical to the success of this initiative." The invitation and participate on the Bushfire Reference Group is planned to be accepted - to meet three times during 2016 in April, July and October, with Councils nominee being Kevin Murphy in his capacity as Municipal Emergency Resources Officer and Fire Prevention Officer. Municipal Emergency Management Executive Meetings of the Municipal Emergency Management Executive and the full Committee have been scheduled for 7 March and 11 April respectively. Cr Hogan has now taken over as Chair of the Committees. Items listed for discussion are: • review of Municipal Fire Management Plan as

adopted by Council in November 2016, • further redevelopment of Woods Point and

surrounding district Community Safety Plan (adopted and last reviewed in 2012).

• Review of the report received from a Committee Member on observations made during the November Emergency Management Exercise facilitated by SES (exercise involved a fire commencing during hot weather on a day declared as 'heatwave' and involved multi-agency response and co-ordination.

Local Flood Guide Council participated with SES Regional staff in a meeting in Jamieson in late January to progress development of the 'jointly badged' Local Flood Guide. The Meeting was to progress and ground-truth the information that the Guide will present to the community. Release of the Guide is expected to be before June 2016.

MERP Program As host of the State funded Municipal Emergency Resources Program, Council Officers met with their cpounterparts in Strathbogie on 9 February. The meeting was productive in reviewing past and planned actions and reaffirmed that Strathbogie Council is satisfied with the work that has been undertaken to date - particularly highlighting the assistance provided during the formal Audit process. In a related exercise, Council Officers met with Officers from Local Government Victoria - who administer the above program on 24 February. Those Officers advised that - in line with an earlier 'Ministerial Advice' letter, the program would be extended beyond June 2016 - for a 4 year period, July 2016 - July 2020 and of similar monetary value, similar arrangements for hosting by a Municipality (if so chosen) and of similar broad Emergency Management scope - but with greater emphasis on pre-identifying the focus activities. Fire Weather Briefings On a daily basis Council receives 'Regional Coordination Centre' Communications Structure and Fire Weather briefings from the Emergency Management Regional Controller - a method of direct communication between all State Agencies with a regional presence and Local Government. We also receive invitations to participate in Regional Conference Calls. The offer to participate is only acted upon when incidents are occurring in the Municipality or if we are on heightened alert (normally weather or specific event related).

13

Mansfield Shire Council – Ordinary Meeting of Council: Engineering and Works Department Report

Engineering and Works Department - Page 1 of 3

ENGINEERING AND WORKS DEPARTMENT REPORT FEBRUARY 2016

CAPITAL WORKS

Mt Battery Road – Seal Extension Seal extension works on Mt Battery Road (end of seal to Paxton Road) is complete.

Alpha Street, Merrijig Works for upgrading and sealing Alpha Street by the school is complete. Resealing Contract The resealing works for various shire roads as part of the annual renewal program is complete. Zimmerman Avenue, Bonnie Doon Works for upgrading and sealing Zimmerman Avenue in Bonnie Doon have started, with the plan to complete the works by end of March 2016.

FIELD SERVICES The Grading program in the western section of the Shire is now 90% complete. The team completed grading in the Howes Creek and Mansfield areas this month and will move into the Barjarg are next month.

In the eastern area of the Shire grading was put on hold with the in house construction of Alpha Street in preparation for sealing. The seal is now complete and the team will continue to spend the next month grading the Merrijig and Sawmill Settlement areas. Reseal preparations have been completed and edge repairs have been carried out on Howes Creek Road. Drainage maintenance was carried out in the Barjarg, Howes Creek and Maindample areas. An unsealed access road was constructed in Jamieson Cemetery to improve access in the winter months. Vegetation control and tree removal was completed on Old Tolmie Road and Old Tonga Road. Improvements to the Lakins Road depot took place this month with the installation of four concrete bulk material storage bays. The bays will improve operational efficiency and assist in reducing stock loss of both gravel and mulch products.

Plant Hours: Combined, both backhoes operated for approximately 183 hours and the three graders operated for approximately 273 hours throughout the month of February.

14



PARKS & GARDENS High visitor numbers throughout the summer period have continued to keep the Parks and Gardens team busy beautifying the town. Bi-annual inspections and treatment to assist with the preservation of all Elm, Ash and Plane tress throughout the town was completed this month by Elmsavers. Following this, three dead Ash trees have been removed. With the commencement of works for the new roundabout in Malcolm Street several street trees have been removed and relocated. The team assisted with a major clean-up of the area surrounding the new youth hub prior to the grand opening. The Visitor Information Centre has been sprayed for weeds and garden beds attended to. Two automatic control modules have been installed in the irrigation system in High Street roundabout and the system is now automated. ASSET ASYST There are currently have 840 defects outstanding in the system. A total of 120 defects where completed throughout the month of February. The following is a summary of the total number of road defects reported, versus the total number of defects actioned over the last twelve months.

Total Number of Reported Defects

Total Number of Defects Completed

% Completed Area

2046 1705 83% Rural

414 231 55% Urban

CUSTOMER REQUEST MANAGEMENT SYSTEM

There are currently 22 outstanding requests in the CRM System for the Field Services unit. Throughout February 71 new requests were received and 71 were completed. WASTE MANGEMENT Temporary changes to receipt of Mansfield Shire waste at Benalla landfill Due to the delay in construction of a new landfill cell at the Benalla Landfill, the Environment Protection Authority (EPA) has directed that Benalla Rural City cease receipt of waste at their site until approval of the new cell currently under construction is received. Given Benalla Rural City is contracted to receive and dispose of waste transported across from the Mansfield Shire, arrangements have been made between Benalla Rural City and Mansfield Shire Councils waste processing contractors to divert all waste across to the landfill in Alexandra whilst the Benalla cell continues to undergo construction. This will have minimal impact on services provided to Mansfield residents and the time frame for which services are delivered in the Municipality with only a 6km difference in distance when transporting from Mansfield to either the Alexandra or Benalla disposal sites. Benalla Rural City will meet any additional cost in relation to the transportation of waste to Alexandra along with any additional gate fees incurred. It is anticipated that these arrangements will be in place until the end of April 2016, when it is expected the new landfill cell in Benalla will be ready for waste acceptance.

15



GIS

Assets and GIS Officer, Robert Graves, recently spent 4 days in Canberra interning for Member for Indi, Cathy McGowan, learning some of the lobbying techniques and how to better make use of the opportunities that our federal member of parliament can make available. Mapping for Heavy Vehicle Bypass funding proposal, Tourism & Economic Development proposals for boat ramps, saleyard land Ongoing maintenance of GIS data. Town aerial photography has been delayed until March. Rural aerial photography capture has been completed, and is now being processed. GM Water has joined the consortium for photography and this has decreased the cost to the shire whilst increasing the coverage area - adding some remote eastern crown land sections. Asset Asyst has been upgraded to provide GPS output files for defects, enabling better access in field. This release is being tested. Regular updates of Traffic Counts into the GIS system has begun. It is expected that this will allow us to both better inform our decision-making and help in identifying knowledge gaps.

ASSETS The Heavy Vehicle Bypass funding proposal was completed. Grading of Council roads is ongoing. It is expected that two graders will start to work on the south-eastern section of the shire toward Jamieson over March. The resheet and reseal program commenced in February.

16

Mansfield Shire Council – Ordinary Meeting of Council: Executive Services Departmental Report

Executive Services Department - Page 1 of 2

EXECUTIVE SERVICES DEPARTMENTAL REPORT MARCH 2016

HUMAN RESOURCES Recruitment and Staff Changes Interviews for the Roads Supervisor vacancy have been completed. Unfortunately a suitable candidate for the position has yet to be identified. The position will be re-advertised in the near future. Interviews for the Senior Strategic Planner position have been finalised and an offer has been made to the preferred applicant. Training and Workshops • A staff member from the Parks and

Gardens team commenced a Certificate III in Arboriculture at Wangaratta TAFE and will be attending training 2 days per month for the next 12 months.

• IT Security training is currently being provided to office-based staff with the aim of providing staff with the ability to identify and take action to stop SPAM and how to detect viruses/destructive software. The training was facilitated in-house by the IT Officer.

• Two staff members attended a Sportsground Management Field Day at with Parks and Leisure Australia in Cranbourne.

• Two Governance staff recently attended an ‘Election Caretaker Period’ workshop facilitated by Local Government Professionals. The workshop provided information on how Council can ensure public confidence is maintained in relation to the upcoming elections.

Enterprise Agreement (EA) Negotiations After 6 months of bargaining Council is happy to announce an agreement has been reached on the EA. The vote took place on 2 March 2016 and the proposed EA was endorsed by a majority of staff with the tally being 62 Yes and 37 No. Council will now make the application to Fair Work Australia for final approval.

GOVERNANCE Commencement of the Local Government Amendment (Improved Governance) Act 2015 The remaining provisions of the Act (except sections 13 and 56) were proclaimed in late February and commenced as of 1 March 2016. Two provisions not proclaimed, sections 13 and 56, both amend section 29 of the Local Government Act 1989 and broaden the circumstances in which a person is disqualified from becoming a Councillor. The Act mainly relates to the role and functions of Councillors, the Mayor and the Chief Executive Officer, Councillor conduct, the role of the Chief Municipal Inspector and municipal monitor and electoral reform, including the duty to adopt an election period policy. Election Period Policy Council endorsed its Election Period Policy at its February 2016 meeting. The Policy is designed to ensure processes are in place to ensure that Council does not make decisions during the Election Period that will unnecessarily bind an incoming Council, while at the same time avoiding significant interruptions to the normal day to day business of Council. The Policy is also designed to support the fair and unbiased conduct of the 2016 Council Election by ensuring that there is no misuse of Council resources, publications, consultation processes or events by incumbent Councillors for electioneering purposes or that may in any way influence the outcome of an election. The Policy also confirms that current Councillors still have a legitimate role to play and so continue to require support, information and resources to fulfil their role as the elected representatives of the community.

17

Mansfield Shire Council – Ordinary Meeting of Council: Executive Services Departmental Report

Executive Services Department - Page 2 of 2

Councillor Code of Conduct Review With the commencement of section 15 of the Local Government Amendment (Improved Governance) Act 2015, councils are required to review their Councillor Code of Conduct within four months of the commencement date (1 March 2016). Council officers will commence the review process in due course, and it will be presented to the Council for endorsement at its June 2016 meeting. Draft Community Local Law No. 2 (Meeting Procedures and Common Seal) With Council’s Community Local Law No. 2 (Processes of Municipal Government – Meeting Procedures) sunsetting in May 2016, the public consultation period for the draft Local Law is now underway. In accordance with the Local Government Act 1989 a notice of intention to make a new Local Law appeared in the Victorian Government Gazette on 28 April. Council has advertised the draft Local Law in local media and via social media, inviting the community to provide input. The deadline for submissions is 25 March 2016. A Committee of Council will review all submissions (verbal and written) at a meeting scheduled for 5 April. The draft Local Law is scheduled to be considered by the Council at its April 2016 meeting. Once endorsed, it will be gazetted in the Victorian Government Gazette and communicated appropriately to the community. A copy of the draft Local Law can be found on Council’s website and corporate Facebook page. Visit by the Victorian Electoral Commission The VEC’s Local Government Program Manager recently met with the Governance team to view the VEC Election Office accommodation as provided by Council. Up to 3 VEC staff members will be housed in the ‘Snowgum Room’, located next to the old Maternal & Child Heath building in Curia Street. The VEC will occupy this area from mid July through to early November 2016.

Review of 2013-17 Council Plan As part of the 2016-17 Budget preparation, Council is required to review its 2013-17 Council Plan – the key strategic document that outlines the direction of Council up to 2017. Council officers are currently reviewing the the goals (strategic objectives) and actions which will guide Council’s allocation of resource and provision of services. In accordance with the Local Government Act 1989 Council must review its Council Plan on an annual basis and adopt the Plan by 30 June each year. The revised Plan will be made available to the public for a period of 28 days. The reviewed Plan will be incorporated into the Community Information Sessions scheduled for May, and community members will then have the opportunity to make submissions regarding the Plan, prior to its adoption by Council at a Special Council meeting on 14 June 2016. Freedom of Information (FOI) Governance staff recently attended an FOI and Privacy Intensive Information Session facilitated by Council’s FOI consultant, FOI Solutions. The session discussed the Freedom of Information Act 1982 and Council’s responsibilities in relation to the receipt and treatment of FOI requests from members of the public. Although legislative requirements predominantly remain unchanged, there is now greater emphasis placed on electronic documents and social media records and what constitutes such information. Council and Organisational Policies In addition to the Customer Complaint Resolution Policy provided in this month’s Council Agenda, the following Policies are currently under review: • Records Disposal • Customer Service • Deposits, Bonds and Securities • External Grants Administration • Protected Disclosure

18

Mansfield Shire Council – Ordinary Meeting of Council: Finance & Information Services Departmental Report

Finance and Information Services Department - Page 1 of 2

FINANCE AND INFORMATION SERVICES DEPARTMENTAL REPORT MARCH 2016

Finance/Payroll Budget Information and Consultation Sessions were held at Merrijig, Mansfield, Jamieson, and Bonnie Doon during the month of February. The 2016-17 Budget process is well underway. Councillors are meeting with Officers to review the proposed budget and capital works program during February and March. Councillors will consider the 2016-17 Budget and four year Strategic Resource Plan on 12 April, before they are made available to the public for a period of 28 days. Council will also hold Community Information Sessions in May both in Nunawading for the part-time locals and in Mansfield for the Shire community. The community then have a further opportunity to make submissions regarding the budget, prior to its adoption by Council at a Special Council meeting on 14 June 2016. Records Information Management The Records Unit have been working on the development of the Business Classification scheme in the lead up to the TRIM Upgrade in July this year. The Records Unit is working towards less paper based processes to fully electronic work processes. This will streamlined work practices and business processes. We are also developing naming conventions to enable a consistent naming of records, allowing easier access. This will also enhanced our ability to locate and retrieve information easily and promptly. Risk Management Progress continues towards updating Council’s Risk Management and Occupational Health and Safety procedures. Council’s draft Risk Management and Fraud Control Procedures was presented to the Audit & Risk Advisory Committee in February.

The Audit and Risk Advisory Committee welcomed Barbara Taylor as a community representative. Council appointed Barbara at the February Council meeting for the remainder of the term vacated by Robert Beekman in November 2015. The position will be re-advertised in June. Depot staff have been provided with a new satellite phone, to enable contact when out of phone range. Corporate Council has added an acknowledgement of the traditional owners to the corporate email signature: “Mansfield Shire Council acknowledges the Taungurung people as the Traditional Owners of the land on which our offices are located; pays respects to Elders, past, present and future; and extends that respect to all Aboriginal and Torres Strait Islander peoples.” Revenue Unit Officers attended a demonstration of MyDigital Mailbox by Australia Post. This service would provide ratepayers with another option to receive and pay invoices electronically. Implementation is being considered. Rates arrears at 29 February was $176k

At 29.2.16 Arrears Rates 80,588.91

Waste 46,034.98

Municipal 30,602.26

Interest 1,550.50

FSPL 17,181.85 Total 175,958.80

19

Mansfield Shire Council – Ordinary Meeting of Council: Finance & Information Services Departmental Report

Finance and Information Services Department - Page 2 of 2

Revenue Unit Cont. Total Debtors outstanding greater than 90 days $107k (34 invoices) No Type $ 7 Community 322 1 Local Laws 165 4 Waste 437 12 Street Scheme 36,356 1 Community Grant 5,000 3 Complex Hire 2,461 1 SRO Grant 51,812 1 Football Club 13,414 30 Total > 90 days 109,967

Customer Services Council’s Customer Service Policy has been reviewed and a Customer Service Charter developed. The Charter sets out Council’s service standards, and explains what our customer can do if we have not delivered a service to that standard. The Customer Service Charter has been developed to further build and enhance relationships and partnerships with our community and customers, and to enable a system for continuous improvement to our levels of customer service. Once the Charter has been finalised, it will be made available on Council’s website.

CRMS statistics for the month show 110 customer requests registered with 73 closed during the month. The majority of requests are completed by field services (75.5%).

20

Mansfield Shire Council – Ordinary Meeting of Council: Tourism and Economic Development Departmental Report

Tourism and Economic Development Department - Page 1 of 2

TOURISM AND ECONOMIC DEVELOPMENT DEPARTMENTAL REPORT March 2016

LAKE EILDON MATTERS

Howqua Inlet Boat Ramp Proposal Council has authorised Officers to progress a community boat ramp at Howqua Inlet. A funding application has been lodged with the State Government Department of Economic Development, Jobs, Transport & Resources. Gough’s Bay Boat Ramp With receding lake levels, two concrete ramps are now operational at Gough’s Bay. Minor works have been planned to one ramp to improve access to the top of the ramp now that it has been exposed. Grass slashing will continue in the public areas around Gough’s Bay in conjunction with community and business working bees. Bonnie Doon Boat Ramps Kennedy Point on Maintongoon Road is now the main boat ramp area for Bonnie Doon and should remain a suitable location for water sports activities for some time. Lake Eildon Land & On-Water Management Plan Implementation Group The Implementation Group’s charter is to advise on and assist deliver the prioritised actions from the endorsed Management Plan. The Group is comprised of representatives from Mansfield and Murrindindi Shire Councils, Goulburn Murray Water, Goulburn Valley Water, Parks Victoria, the Department of Environment, Land, Water & Planning, Goulburn Broken Catchment Management Authority and community and business representatives. The Group is chaired by Mansfield Shire Mayor, Cr Paul Sladdin. The meeting in February discussed a range of agenda items pertaining to management issues, lake levels, illegal vehicle access including motorcycles, vessel operating and zoning rules and issues and opportunities pertaining to the houseboat industry. A guest speaker from Strathbogie Shire Council outlined for the benefit of the Group their management approach and commitment to Lake Nagambie, relating to:

• Land and on-water management • Local laws • Economic development through enabling

and attracting Industry and lifestyle investment

• Community amenity around the lake • Nagambie Township Freeway bypass as it

relates to business alignment to the lake foreshore and streetscape

Catching up with lake-based businesses Council’s Tourism & Economic Development Manager and GMW staff are arranging informal meetings with lake-based businesses to discuss any issues and opportunities they would like to raise and possible preparations that may assist business with reducing lake levels. That’s a lot of sheep About 3,500 local Bonnie Doon sheep are currently working hard on fire suppression duties grazing under permit from GMW on the exposed lake bed in the vicinity of the Bonnie Doon bridges. The sheep are being shepherded during the day and put back in local paddocks at evening.

NOTICE OF INTENTION TO SELL LAND At the 19 January 2016 Council Meeting, Council resolved to give notice of an intention to sell a portion of land to Mansfield Golf Club at 166-176 High Street Mansfield. A Public Notice period is now advertised and submissions are invited to Council.

21

Mansfield Shire Council – Ordinary Meeting of Council: Tourism and Economic Development Departmental Report

Tourism and Economic Development Department - Page 2 of 2

NORTH EAST VICTORIAN JOBS HUB

The analytics for the North East Victorian Jobs Hub for February 2016 show 7 jobs advertised on the site across Mansfield Shire, with Wangaratta being the predominant centre for job vacancies. Locally we posted two community noticeboards; promoting positions available for the upcoming snow season and promoting Mansfield Do It that received over 100 views. The site is free for employers and job hunters and also lists businesses for sale. The site is powered by uWorkin, is highly functional and among other things enables direct links to social media for sharing. The website is a collaboration between Mansfield Shire Council, Benalla Rural City, Wangaratta Rural City and the Local Learning Employment Network. A flyer regarding the website will be distributed at the ‘Mansfield Do It’ festival.

VIDEO CONTENT

The Department has produced a series of 30 second video clips that are being rolled out to promote the attributes and experiences of our destination. Sunset walking on Mt Stirling, all things two wheels and horse riding clips have all been posted. The most recent one posted being the horse riding clip has had over five thousand views in a 24 hour period with some lovely associated comments. Produced videos to come include river fun - Howqua Fry’s Hut area and Delatite River and all things Lake Eildon. We are holding off on the Lake Eildon clip given the uptake (over 12 thousand views) of the recent video created in collaboration with GMW that points out there is still plenty of water and fun to be had at Lake Eildon despite reduced water levels. The videos are posted on YouTube and via Council’s Facebook page, with links on a range of associated tourism websites and shared through social media.

22


23.

10.2 DEVELOPMENT SERVICES 10.2.1 Update to Mansfield Shire Council Environment Advisory Committee

Charter: March 2016 File Number: E3564 Responsible Officer: Environment Officer, Damien Gerrans Disclosure of Conflicts of Interest The author of this report has declared no conflicts of interest in relation to this item. Introduction The Mansfield Shire Environment Advisory Committee Charter is being amended to include two youth representatives from the Mansfield Secondary College. The amended Charter is being submitted to Council for endorsement. Background At the Mansfield Shire Environment Advisory Committee meeting on 4 February 2016, the Committee recommended that membership to the Committee be increased to include youth representation. To enable youth representation, two students from the Mansfield Secondary College will be invited to be members of the Environment Advisory Committee. The representative will be listed as organisational representatives and not individuals. This will allow the Secondary College to rotate these positions on an annual basis. Environment Officer, Damien Gerrans, will meet with all students from year levels 9 and 10 on 9 March 2016 to talk about opportunities for student participation in Mansfield Shire Council activities and in particular the Environment Advisory Committee. This change to the Committee structure presents an exciting opportunity for two students to participate in the Committee and for the students to have input into programs that affect them. The change to the Committee structure also presents an opportunity for Council to hear about environmental matters from a youth perspective. It is expected that youth representative will attend the Committee meeting on 18 May 2016. Statutory Requirements There are no statutory implications with this proposal Council Plan Amending the Mansfield Shire Environment Advisory Committee Charter to encourage youth participation is consistent with Clause 5.4.4 of the Council Plan to “Increase the use of advisory committees and other such mechanisms that draw upon the capabilities and experience of individuals within the community to help shape and improve Council operations”.

23


24.

10.2.1 Update to Mansfield Shire Council Environment Advisory Committee Charter: March 2016 Cont.

Financial There are no financial implications relating to this proposal. Social There are positive social implications associated with this proposal. Increasing the membership of the Environment Advisory Committee to include youth representation will improve the ability of younger residents to have input to and participate in Council programs. The 2004 MAV Report titled Engaging with Young People -Local Government in Action identified the benefits to local government of working with young people as: · Councils are more effective in their planning and decision making; · Connections are built between community and young people; · Mutual understanding is enhanced, and stereotypes are challenged; · The energy, leadership and fresh perspectives of 20 per cent of the population

become more effectively engaged in social, economic, cultural and environmental renewal;

· Young people and communities grow into active citizenship in order to tackle social problems and act on opportunities; and

· Inclusion and fairness is promoted for all sections of the population. There are also positive social benefits for the youth representatives in being a member of the advisory committee for local government. Environmental There are environmental benefits associated with having a diverse representation of members on the Environment Advisory Committee. Mansfield’s young people are likely to have different priorities with respect to the environmental programs and increasing the membership to include these views will ensure these views are heard and considered. Economic There are no economic impacts associated with this proposal. Risk Management This proposal reduces the risk of young people not being included in Council committees and the discussions around issues that impact their future.

24


25.

10.2.1 Update to Mansfield Shire Council Environment Advisory Committee Charter: March 2016 Cont.

Community Engagement This minor amendment to the Mansfield Shire Council Advisory Committee Charter increases community engagement and specifically youth engagement in the Advisory Committee. Officer’s Comments There was unanimous support for this proposal at the Environment Advisory Committee meeting. Councillors Hogan/Attley: That Council endorse the amended Mansfield Shire Council Environment Advisory Committee Charter March 2016.

Carried 17.12pm Development Services Manager, Michael Bismire, departed the meeting.

25


26.

ATTACHMENT 10.2.1

MANSFIELD SHIRE ENVIRONMENT ADVISORY

COMMITTEE CHARTER UPDATE: MARCH 2016

(7 PAGES)

26

MANSFIELD SHIRE ENVIRONMENT ADVISORY COMMITTEE

CHARTER

For endorsement by Council on 15 March 2016

27

MANSFIELD SHIRE ENVIRONMENT ADVISORY COMMITTEE CHARTER: FOR ENDORSEMENT BY COUNCIL ON 15 MARCH 2016

Page 2 of 7

CONSTITUTION The Mansfield Shire Council (‘Council’) has resolved to appoint an Environment Advisory Committee. This Committee shall be an advisory committee of Council. The Committee shall be known as the Mansfield Shire Environment Advisory Committee. The Mansfield Shire Environment Advisory Committee (‘The Committee’) is to advise Council on the direction for Council’s environmental management programs and policies, as well as advocate for the adoption of Environmental Best Practice through Council business, facility management and service delivery. The Committee is not a decision making body. Council may require the Committee to report to the Council at intervals determined by Council. The Committee must meet all of the statutory requirements of the Local Government Act 1989 and Regulations, or as amended. The Council has set no time limit on the duration of the establishment of the Committee. It shall remain in existence until such time as the Council resolves to revoke its appointment. FUNCTION The objective of the Committee is to provide advice on Council’s environmental management and sustainable development programs and policies The primary function of the Committee is to advise Council on matters pertaining to: • The Mansfield Shire Environment Priority Action Plan implementation and annual

review.

• Planning initiatives.

• Environmental program and policy priorities.

• Opportunities to participate in State or Federal Government environment initiatives, programs and grants.

• The development of mechanisms to advertise and promote Council's environmental management and sustainable development policies, strategies and projects.

• The development of educational mediums to raise the awareness of environmental issues and management.

• Support and mentor Council’s environment staff, and • Providing a conduit between Council and Community in environmental matters.

Day to day operational matters are not the function of The Committee.

28


Page 3 of 7

STRUCTURE The Committee shall be comprised of the following members: • A Councillor (Chair) • Up2Us Landcare Alliance • A representative of the Gadhaba Local Indigenous Network • Victorian Farmers Federation • Mt Buller & Mt Stirling Alpine Resort Managements Environment Officer • Mansfield Secondary College youth representatives (2 persons) • Community representatives (maximum of 4 persons)

The Committee is to be supported by a member of Council’s Executive and the Environment Officer. The Committee may seek the involvement of additional Council officers or external expertise as required. The following groups or agencies may be included on an as needed basis: • Department of Environment, Land,

Water and Planning • Goulburn Murray Water • Goulburn Valley Water • North East Waste and Resource

Recovery Group • Parks Victoria • Sustainability Victoria • Destination Sustainability members • Taungurung Clans Aboriginal

Corporation

• Department of Economic Development, Jobs, Transport and Resources

• Country Fire Authority • VicRoads • Mansfield and District Business

Association • Goulburn Broken Greenhouse

Alliance • Municipal Association of Victoria • Goulburn Broken Catchment

Management Authority

Any changes to the composition of the Committee shall be considered by Council upon the recommendation of the Committee. MEMBERSHIP The Council shall invite each identified organisation to nominate a representative for appointment to the Committee. The Community representatives will be appointed through an expression of interest process advertised through the local newspaper and on Council’s website. Representation from the following community sectors will be encouraged to apply for these positions: agricultural, indigenous, urban, business, environmental, tourism and youth. Candidates expressing interest must lodge written submissions with the Council.

29


Page 4 of 7

If the number of Community candidates equals or is in excess of the number of representatives to be appointed, the Council shall make the appointments through an interview process. The final Committee membership will be endorsed by Council resolution. TERM OF APPOINTMENT The Committee members are appointed by Council and can be removed by Council resolution at any time. Membership of the Committee will be for two (2) years from the time of appointment. All members will be eligible for reappointment to the Committee by Council for one additional term. Community members hold their appointment in their own right whilst members nominated by a particular agency will represent that agency. The Committee is empowered to declare a Committee member's position vacant if he/she fails to attend three (3) consecutive meetings without leave by resolution duly passed. A member of the Committee may resign his/her position at any time. The Council shall appoint another person to fill any vacancy caused by the resignation of any member of the Committee. Any person appointed to fill a vacancy on the Committee shall hold office for the unexpired portion of the previous member’s term of office. MEETINGS A nominated Councillor of the Council shall preside as the Chairperson of the Committee. In the absence of the Chairperson, the Committee may elect one of the members to preside as Chairperson at that meeting. The conduct of Committee meetings shall be as prescribed in Division 2 of Part 4 of the Local Government Act 1989 and conducted in accordance with Council’s Community Local Law No. 1 – Processes of Municipal Government (Meeting Procedures). The Committee shall meet a minimum of six (6) times in each year at such times and places as determined by the Committee. No business shall be conducted by the Committee unless a majority of five (5) members is present. Special meetings may be called by the Chairperson or on the written request of not less than 2 members, such request must specify the date, time, place and business for the special meeting and all such meetings are to be held within fourteen days of the date of the written request. The Chairperson shall give all members at least two clear days of written notice of special meetings.

30


Page 5 of 7

CONDUCT Meetings, correspondence and all communications amongst Committee Members, Councillors and Council Officer will follow the values of: • Respect • Integrity • Inclusion • Impartiality • Positive Relationships COMMUNICATIONS All matters raised in between scheduled meetings, will be included on the Agenda for discussion and resolution at the next meeting. If a matter requires immediate attention, a special meeting may be scheduled as detailed above. On an as needed basis, relevant expertise will be invited to attend to contribute to discussions. AGENDAS AND MINUTES Agendas, minutes and actions arising from each meeting of the Committee will be administered by Council’s Development Services Unit with copies thereof provided to Council. Items for inclusion in the Agenda of upcoming meetings will be requested by Council’s Environment Officer, a minimum of two weeks prior to the scheduled meeting. Copies of the Agenda will be distributed to the Committee a minimum of one week prior to the scheduled meeting. New Business can be raised during meeting proceedings. The Committee shall keep proper minutes of all proceedings for the Committee, which will be available to Council at any time. Draft minutes will be distributed to committee members as soon as possible after the meeting has been held. After the draft minutes are confirmed true and correct by the Committee they are then presented in the following public Council Meeting Agenda under the heading Advisory Committee Reports. The Committee shall make its Minute’s records and all other papers and documents available for inspection or audit to the Chief Executive Officer of Council, or any other Council officer authorised by the Chief Executive Officer.

31


Page 6 of 7

REPORTING AND REVIEW The Committee shall submit a Report of its activities to Council not later than 30 November each year to align with reporting on the implementation of the Environment Priority Action Plan and the upcoming Council budget and business planning process. Other feedback to Council will be in the form of strategic advice. The Council shall carry out regular reviews of Committee’s Charter. The Council shall consult with the Committee prior to the making of amendments or alterations to the Committee’s Charter. STAFF/ DELEGATIONS The Committee has no delegated authority to employ staff. FINANCE An advisory committee of the Council has no delegated authority to expend monies. The Committee shall not borrow money, incur any expenditure or enter in contracts exceeding an amount previously determined by Council. Where no amount has been previously set, a zero amount shall apply. INSURANCE The Council shall arrange and maintain a portfolio of insurances to cover all possible risks, including a Personal Accident Policy of committee members, a Voluntary Worker’s Policy and an Indemnity Policy for committee members. PECUNIARY INTEREST By Council resolution, members of an advisory committee are not obligated to submit returns of pecuniary interest.

32


Page 7 of 7

CHARTER ENDORSEMENT This Charter is made on behalf of Mansfield Shire Council by its Chief Executive Officer under authority of an Instrument of Delegation dated 19 January 2016. SIGNED by ALEX GREEN, Chief Executive Officer of the Mansfield Shire Council in the presence of:

) ) )

..................................................................... (Witness) Dated:

33


34.

10.3 EXECUTIVE SERVICES 10.3.1 Change of Date for June 2016 Ordinary meeting of Council File Number: E334 Responsible Officer: Chief Executive Officer, Alex Green Disclosure of Conflicts of Interest The author of this report has declared no conflicts of interest in relation to this item. Introduction This report proposes a change to Ordinary Council meeting arrangements for the month of June to provide for the Mayor’s and Chief Executive Officer’s attendance at the Australian Local Government Association (ALGA) National General Assembly of Local Government (NGA) in Canberra from 19-22 June 2016. The June meeting is scheduled for 21 June 2016, and it is proposed to reschedule it to Tuesday, 28 June 2016. Background The ALGA NGA is an annual event that provides opportunity for councils to identify and discuss national issues of priority for the local government sector and to agree on possible steps which could be taken to address these issues. It is appropriate that both the Mayor and Chief Executive Officer attend the NGA to debate and discuss the role that Mansfield Shire Council plays in boosting productivity and showcasing innovation and best practice with other Council representatives from around Australia. Statutory Requirements In accordance with the Council’s Community Local Law No. 1 (Process of Municipal Government – Meeting Procedures), Council may change the date, time and place of any Council meeting which has been fixed, and must provide reasonable notice of the changes to the public. Council Plan The change of Council meeting date is in line with the Governance Council Plan theme “…to act at all times with integrity and openness”. Financial There are no financial implications associated with the change of Council meeting date. Social In accordance with Council’s Community Local Law No. 1 (Processes of Municipal Government – Meeting Procedures), members of the public will be advised of the change of meeting date through local and social media.

34


35.

10.3.1 Change of Date for June 2016 Ordinary meeting of Council Cont. Economic There are no economic implications associated with the change of Council meeting date. Environmental There are no environmental implications associated with the change of Council meeting date. Risk Management There is no risk implication associated with the change of Council meeting date. Community Engagement Once endorsed, members of the public will be advised of the change of meeting date via local and social media. Officer’s Comments No further comment. Councillors Attley/Hogan: 1. That the scheduled 21 June 2016 Ordinary meeting of Council be changed to

take place on Tuesday, 28 June 2016. 2. That the changed arrangements be advertised in local media and on Council’s

social media. Carried

35


36.

10.3 EXECUTIVE SERVICES CONT. 10.3.2 Update - Mansfield Shire Council Instrument of Appointment and

Authorisation – Schedule 11A (Planning & Environment Act 1987) File Number: E328 Responsible Officer: Governance Co-ordinator, Dawn Bray Disclosure of Conflicts of Interest The author of this report has declared no conflict of interest in relation to this matter. Introduction This report seeks approval to update and amend the S11A Instrument of Appointment and Authorisation (Planning & Environment Act 1987) due to staff changes and associated requirements relating to the role of Council’s Environment Officer. Background Council utilises two Schedules of Instruments of Appointment and Authorisation: · S11 – in accordance with S224 of the Local Government Act 1989

S98 of the Local Government Act 1989 determines that any changes to Schedule 11 Instrument of Appointment and Authorisation may be endorsed by Council’s Chief Executive Officer under delegated authority.

· S11A – in accordance with S188 of the Planning & Environment Act 1987 S188(1) of the Planning and Environment Act 1987 determines that any changes to Schedule 11A Instrument of Appointment & Authorisation must be endorsed by a resolution of Council.

Council utilises these Instruments of Appointment and Authorisation to identify specific officers incumbent in roles and, in turn, appoint the officers to be authorised officers for the administration and enforcement of legislation under applicable Acts. Only a handful of Acts and Regulations require specific roles within an organisation to be identified to undertake a specific function. There are often clauses within Acts or Regulations that state that an “authorised officer” can undertake a specific function. This is why Council needs to identify, by role and officer name, who the ‘authorised’ person is. Council recently appointed two casual Local Laws Officers in a back up role for such times when Council’s permanent Local Laws Officer is unavailable due to annual leave, sick leave, etc. As part of Council’s Local Laws Officer’s duties, the power of entry to properties where people may have breached the Planning and Environment Act 1987 is required. S11A Instrument of Appointment and Authorisation provides the appropriate powers of authority to allow officers to gain such entry to properties.

36


37.

10.3.2 Update - Mansfield Shire Council Instrument of Appointment and Authorisation – Schedule 11A (Planning & Environment Act 1987) Cont.

In addition, Council has recently appointed a new Senior Strategic Planner as a result of the resignation of Ms Christine Halstead. The updated Instrument reflects this change. The S11 Instrument of Appointment & Authorisation was endorsed by the Chief Executive Officer under delegated authority on 10 February 2016 and requires no changes from the date it was endorsed. Council subscribes to a Delegations and Authorisations Service produced by the legal firm, Maddocks. The firm reviews all legislation as it impacts upon local government in Victoria, and biannually distributes an updated schedule of delegations, reflecting recent legislative changes. This template is used by many Victorian councils and reflects common practice within the industry. Statutory Requirements S188(1) of the Planning and Environment Act 1987 determines that any changes to Schedule 11A Instrument of Appointment & Authorisation must be endorsed by a resolution of Council. Council Plan The update of Council’s Instruments of Appointment and Authorisation falls under the Governance and Organisational Management objective of “Driving Organisational Performance and Resource Management”. Financial There are no financial implications arising from this report. Social There are no significant social implications arising from this report. Economic There are no economic implications arising from this report. Environmental There are no environmental implications arising from this report. Risk Management The review and update of Council’s Instruments of Appointment and Authorisation ensures continuing transparency and accountability. It is also a key risk management initiative in that it clearly identifies which Officer can act on a particular authorisation.

37


38.

10.3.2 Update - Mansfield Shire Council Instrument of Appointment and Authorisation – Schedule 11A (Planning & Environment Act 1987) Cont.

Community Engagement Public consultation is not required under the Local Government Act 1989 or the Planning and Environment Act 1987. Officer’s Comments The S11A Instrument of Appointment and Authorisation has been updated to reflect recent Council organisational changes and ensures that basic good governance principles are adhered to. It is critical that Council’s Instruments of Appointment and Authorisation be kept up to date. As an example, when issues arise around enforcement of an Act, should the matter proceed to a legal case or court hearing, Council will need to demonstrate that the appropriate ‘authorised officer’ performed the relevant tasks under the relevant Act or Regulation. Councillors Hogan/Attley: In the exercise of the powers conferred by section 188 of the Planning and Environment Act 1987, Council resolves that: 1. The officers and roles listed on the attached S11A Instrument of Appointment

and Authorisation be endorsed to allow the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in Council’s Instruments of Delegation, the powers, duties and functions set out in those instruments, subject to the conditions and limitations specified in that Instrument.

2. The S11A Instrument of Appointment and Authorisation come into force

immediately the common seal of Council is affixed to the Instruments. Carried

38


39.

ATTACHMENT 10.3.2

UPDATE - MANSFIELD SHIRE COUNCIL

INSTRUMENT OF APPOINTMENT AND

AUTHORISATION – SCHEDULE 11A (PLANNING

& ENVIRONMENT ACT 1987)

(2 PAGES)

39

S11A. Instrument of Appointment and Authorisation – 15 March 2016 Page 1 of 2

Mansfield Shire Council Instrument of Appointment and Authorisation – Planning and Environment Act 1987

S11A. Instrument of Appointment and Authorisation

(Planning and Environment Act 1987)

Instrument of Appointment and Authorisation (Planning and Environment Act 1987 only)

In this instrument “officer” means - ABBR. OFFICER NAME OFFICER TITLE CEO Peter (Alexander) Green Chief Executive Officer

DSM Michael Bismire Development Services Manager

EO Damien Gerrans Environment Officer

LLO Sonia Dioguardi Local Laws Officer

LLO Norman Hussell Local Laws Officer

LLO David McKenzie Local Laws Officer

PASO Lynn Plummer Planning Administration Support Officer

SP Alex Duncan Statutory Planner

SP Gillian Williamson Statutory Planner

SPTL Grant Trenwith Statutory Planning Team Leader

SPO Victoria Brown Strategic Planning Officer

SSP Vacant Senior Strategic Planner

40

S11A. Instrument of Appointment and Authorisation – 15 March 2016 Page 2 of 2

Mansfield Shire Council Instrument of Appointment and Authorisation – Planning and Environment Act 1987

By this instrument of appointment and authorisation Mansfield Shire Council - 1. under section 147(4) of the Planning and Environment Act 1987 – appoints the officers to be

authorised officers for the purposes of the Planning and Environment Act 1987 and the regulations made under that Act; [CEO, DSM, EO, PASO, SP, SPTL, LLO]

2. under section 232 of the Local Government Act 1989 authorises the officers generally to institute proceedings for offences against the Acts and regulations described in this instrument. [CEO, DSM, EO, LLO, SPTL, SSP, SP, SPO]

It is declared that this Instrument –

(a) comes into force immediately upon its execution; (b) remains in force until varied or revoked.

This Instrument is authorised by a resolution of the Mansfield Shire Council on the fifteenth day of March 2016.

THE COMMON SEAL OF ) MANSFIELD SHIRE COUNCIL ) is hereto affixed this Instrument on ) the fifteenth day of December 2015. ) …………………………………………………… Councillor …………………………………………………… Chief Executive Officer

41


42.

10.3 EXECUTIVE SERVICES CONT. 10.3.3 Mansfield Shire Complaint Resolution Policy and Procedures 2016 File Number: E3624 Responsible Officer: Records Administrator, Jane Carter Disclosure of Conflicts of Interest The author of this report has declared no conflicts of interest in relation to this item. Introduction The Mansfield Shire Council Complaint Resolution Policy has been established to assist with the facilitation of a fair and equitable resolution of customer complaints at the earliest opportunity and in the most efficient way. Background Council’s customers are one of its highest priorities. Council is committed to working in partnership with its community to deliver excellent service through dedication, innovation and continuous improvement. Staff provide friendly, prompt and professional customer service every time customers contact the Council. Council’s aim at all times is to provide a quality service, and great emphasis is placed on the efficient handling of complaints in an effective and professional manner. There are times, however, when a customer may feel their issue cannot be resolved or they may be unhappy with a Council action. In this instance, the Complaint Resolution process may assist them to obtain a satisfactory outcome. The Complaint Resolution Policy is a way Council can communicate to customers the avenues of appeal/redress available to them if they are not satisfied with the reply from Council in relation to a particular outcome, decision or action that directly affects them. It ensures that Council deals with all customer complaints fairly, confidentially, promptly and in a respectful manner. The complaints resolution process is supported by the Victorian State Government, the State Ombudsman and the Municipal Association of Victoria. Statutory Requirements Whilst the Complaint Resolution Policy is not a statutory requirement, in considering customer complaints Council is required to comply with conduct principles as outlined in the Local Government Act 1989 and in accordance with the Privacy and Data Protection Act 2014. Further, Council must handle complaint information according to any other Act that prescribes how information should be handled by Council such as:

42


43.

10.3.3 Mansfield Shire Complaint Resolution Policy and Procedures 2016 Cont. · Freedom of Information Act 1982 · Health Records Act 2001 · Human Rights and Responsibilities Act 2006 (Victorian Charter) · Australian Standards for Complaints Handling AS ISO 10002-2006 Council Plan

Establishment of this Policy relates to Council’s 2013-17 Council Plan, specifically Goal 1 – Driving Organisational Performance and Resource Management. Financial Endorsement of this Policy has no impact on Council’s budget. Social This Policy provides an open and transparent complaints handling process that is accessible to all customers. It offers a complaints management regime and resolution process that facilitates continuous improvement of Council, its services, processes and staff. Environmental There are no associated environmental impacts in relation to the endorsement of this Policy. Economic There are no associated economic impacts in relation to the endorsement of this Policy. Risk Management The Complaint Resolution Policy and Procedures enable Council to comply with regulatory obligations, including those relating to privacy, and other legislated requirements. The complaint handling mechanism not only collects feedback from unsatisfied customers, but also provides a means for service failure investigations and subsequent corrective and preventive actions. Community Engagement Due to the nature of this Policy, community consultation is not required.

43


44.

10.3.3 Mansfield Shire Complaint Resolution Policy and Procedures 2016 Cont. Officer’s Comments Council considers that the responsible handling of complaints is a key aspect of democratic governance. Council is strongly committed to ensuring that accountability for and reporting on the actions and decisions of the organisations with respect to complaints handling is clearly established. All complaints will continue to be monitored to ensure the high quality of service provision is maintained. Councillors Attley/Hogan: That Council endorse the Mansfield Shire Council Complaint Resolution Policy and Procedures 2016.

Carried

44


45.

ATTACHMENT 10.3.3

MANSFIELD SHIRE COMPLAINT RESOLUTION

POLICY AND PROCEDURES 2016

(15 PAGES)

45

ANSFIELDANSFIELDANSFIELDANSFIELDMMMM

Page 1 of 15

Council Policy

DRAFT Complaint Resolution

Unit: Customer Service

New Draft: 5 August 2015 Effective From: 16 March 2016 Review Date: 31 March 2018 Version: 1 Trim Reference: E698 Policy Implementation Date: 16 March 2016

Origin: Initiated by: Finance and Information Services Manager Draft finalised by: Records Administrator/Governance

Governance Use Only

Action / Status:

• First draft to EMT for comment on: 19 October 2015

• Staff consultation required: Yes Comments due by: 5 November 2015

• Review by Audit & Risk Advisory Committee: No

• Reviewed by Councillors: No

• For consideration and endorsement by Council: 16 March 2016

PURPOSE/OBJECTIVES The purpose of this Policy is to facilitate a fair and equitable resolution of all Mansfield Shire Council customer complaints at the earliest opportunity and in the most efficient way. Mansfield Shire council will monitor complaints in order to improve the quality of the services provided. The Complaint Resolution process is supported by the Victorian State Government, the State Ombudsman and the Municipal Association of Victoria. SCOPE This policy applies to all Mansfield Shire Council employees, Councillors, volunteers and contractors. This policy does not cover complaints against Councillors or Council decisions. Information and advice about the options available to address these types of complaints can be obtained directly from the Chief Executive. DEFINITIONS Advocate: Person or agency acting on behalf of the customer and

representing their best interests.

46

POLICIES AND PROCEDURES: COMPLAINT RESOLUTION POLICY: IMPLEMENTED ON 16 MARCH 2016 (ONCE ENDORSED BY COUNCIL)

Page 2 of 15

Anonymous Complaint Complaint received without the complainant’s correct

name or contact details. Although not covered by this policy, it should be noted that even anonymous complaints may contain requests or provide information that requires action. These complaints will be investigated under the Protected Disclosure Act 2012.

Complaint Any expression of dissatisfaction with the quality in the delivery of a product, service, policy, procedure or standard by or within Mansfield Shire Council. A complaint is not: • A request for service • A request for information • Where legislation gives provision for appeal or review of a decision (eg, appeal provisions within the Planning and Environment Act (1987).

Complaint Form The approved Mansfield Shire Council template document recommended for use of complainants.

Council Code of Conduct The Mansfield Shire Councillors’ Code of Conduct that sets out ethical principles and standards of behaviour.

Customer An individual (external or internal) or organisation who requires a product or service from the Mansfield Shire Council.

External Customer Complaint Complaint from a person external to Council’s operations that could include, but is not limited to, the following: • A service complaint about the quality or timeliness of a

service provided to a person by Council, or the staff attitude or behaviour in providing the service, where the person is directly affected by the service or its provision and with which the person is not satisfied;

• A complaint relating to an administrative action made by Council, or its delegate, that directly affects a person and with which the person is not satisfied (administrative actions include decisions, acts, proposals, recommendations and failure to make a decision or to act);

• Complaints about inappropriate or unacceptable behaviour of staff, contractors or Councillors.

Internal Customer Complaint Complaint from a staff member or Councillor in relation to:

• A deficient aspect of Council’s operation / service delivery

• Inappropriate or unacceptable behaviour of a staff member or Councillor.

47


Page 3 of 15

Petitions The separate process as contained in Mansfield Shire

Council’s Community Local Law No. 1 (Processes of Municipal Government – Meeting Procedures) for the receipt of joint letters or submissions seeking Council’s consideration to address specific needs as articulated, rather than a complaint.

Protected Disclosures The Protected Disclosure Act 2012 encourages the making of disclosure of improper conduct by Council, its Councillors or Officer. The Act has established a system for matters to be investigated independently to Council and puts protections in place for those making or involved in a Protected Disclosure complaint.

A disclosure may be made about improper conduct by Council, its Councillors or officers. Improper conduct is defined in section 4 of the Act and includes corrupt or specified conduct that is serious enough that if proven would constitute a criminal offense or reasonable grounds for dismissal. All complaints received in this category will be dealt with under that legislation.

Records Unit The Unit responsible for the management of Council’s corporate records and associated systems.

Request for Service Requests for Council to take action to satisfy the needs of a customer. This may be of a physical nature, such as reporting a pothole, or it could be a request for information. Some requests for service are in regard to third party complaints, such as reporting a neighbour’s barking dog. Requests for service are not covered by this policy and will be dealt with as normal business through the Council CRM system.

Staff / Councillor / Contractor conduct

Code of conduct that sets out ethical principles and standards of behaviour for staff, Councillors and contractors.

Complaints about inappropriate or unacceptable behaviour may be lodged with Council under this policy.

Third Party Complaints Complaints received from customers about third parties eg, complaints about a neighbour’s dog barking.

TRIM Mansfield Shire Council’s corporate electronic document management system (electronic record keeping system).

Vexatious Complaints A complaint considered to be intended to annoy or embarrass another or is so obviously untenable or manifestly groundless as to be utterly hopeless.

48


Page 4 of 15

POLICY STATEMENT Mansfield Shire Council is committed to: • Receiving all customer complaints, (both internal or external) either in writing (including

Council’s complaint form Appendix B) or via email, letter or facsimile.

• Informing customers of the avenues of appeal/redress available to them if they are not satisfied with the reply from Council in relation to the outcome, decision or action in relation to their complaint.

• Dealing with all customer complaints fairly, confidentially, promptly, in a respectful manner and free of charge.

• Providing a superior level of service to all customers in a way that does not attract or foster complaints.

• Providing open, transparent government and a complaint handling process that is accessible to all customers.

• Offering a complaint management regime that facilitates continuous improvement of Council, its services, processes and staff.

• Recognising that the handling of complaints is a key contributor to employee, customer and community satisfaction.

• Informing customers of the avenues of appeal/redress available to them if they are not satisfied with the reply from Council in relation to a particular outcome, decision or action that directly affects them.

• Training key staff in how to handle complaints.

• Complying with relevant legislation such as the Human Rights Charter, Equal Opportunity Act 2010, Freedom of Information Act 1982 and Privacy and Data Protection Act 2012.

RESPONSIBILITIES All Mansfield Shire Council employees, Councillors and contractors are responsible for adhering to and implementing this policy.

Adherence to the Complaint Resolution Policy will be overseen by the Finance and Information Services Department with any associated procedures implemented by the Records Administrator and Finance and Information Services Manager.

The Finance and Information Services Department is the owner of this policy. Any reviews of this Policy must be made in consultation with the Records Administrator and Finance and Information Services Manager. REFERENCES

• Freedom of Information Act 1982

• Health Records Act 2001

• Human Rights and Responsibilities Act 2006 (Victorian Charter)

• Local Government Act 1989

49


Page 5 of 15

• Privacy and Data Protection Act 2012

• Protected Disclosure Act 2012

• Australian Standards for Complaints Handling AS ISO 10002-2006

This Policy is implemented in conjunction with the following documents:

• Mansfield Shire Council Template Acknowledgement Letter (Appendix A)

• Mansfield Shire Council Complaint Form (Appendix B)

• Mansfield Shire Council Complaint Resolution Information Sheet (Appendix C)

• Mansfield Shire Council Customer Service Policy

• Mansfield Shire Councillors’ Code of Conduct

• Infringement Notice Review Procedure

• Aged and Disability Review Procedure

• Mansfield Shire Council Disciplinary Policy

• Mansfield Shire Council Equal Opportunity and Human Rights Policy

• Mansfield Shire Council Bullying and Harassment Policy IMPLEMENTATION This policy is effective from 16 March 2016. REVIEW DATE This Policy is to be reviewed by 31 March 2018. Council reserves the right to review, vary or revoke this Policy at any time. AUTHORISATION TO IMPLEMENT POLICY Signed: ______________________ Witnessed: ______________________

Councillor Chief Executive Officer Approval dated: 16 March 2016

50


Page 6 of 15

APPENDIX A: ACKNOWLEDGEMENT LETTER To be printed on Mansfield Shire Council letter head Our Ref:

Date Insert complainant’s name and address Dear Insert Complainants name,

SUBJECT Thank you for your correspondence regarding the above, received by Council on XXX (date). Your letter has been forwarded to (Manager’s title and name) and will be attended to in due course. Yours sincerely Officer’s Name Officer’s Title

51


Page 7 of 15

APPENDIX B – COMPLAINT RESOLUTION FORM

Complaint Form

Use this form to lodge a complaint about Council’s services, administrative action(s) or the conduct

of our people.

Please DO NOT use this form to request normal services from Council, eg, reporting of potholes or

overhanging trees. These types of enquiries should be reported by calling (03) 5775 8555, emailed to

[email protected] or in person at the Mansfield municipal office, 33 Highett Street, Mansfield.

Anonymous or vexatious complaints will only be accepted in exceptional circumstances.

*Mandatory Fields

*Name

*Address

*Town *Postcode:

Telephone Number(s)

Email address:

*Have you previously brought this issue to Council’s attention? If YES, please provide details including the person dealing with the complaint and any reference numbers

you may have been provided.

*Details of complaint. Please provide full details of your complaint including, times, dates, people involved and any background information you think would be useful.

52


Page 8 of 15

Completed form may be forwarded to Council in the following ways: By mail to: Mansfield Shire Council Private Bag 1000 MANSFIELD VIC 3724 By email to: [email protected] By fax to: (03) 5775 2677 In person to: Mansfield municipal office 33 Highett Street, Mansfield Within five working days of receiving your complaint, you will receive an interim acknowledgement letter providing you with a reference number and the name of a contact person. If you require assistance with this form please contact Customer Service at the Mansfield municipal office, 33 Highett Street, Mansfield or by telephoning (03) 5775 8555.

Privacy Collection Statement

Mansfield Shire Council is committed to the protection of personal information provided by our customers, in accordance with the requirements of the Privacy and Data Protection Act 2014 and the Freedom of Information Act 1982.

Personal and or Health Information is collected for municipal purposes as specified in the Local Government Act 1989. The information collected in complaint forms is used only for the purposes specified (primary purpose) and is not passed on to third parties. Council may disclose this information but only if authorised or required by law. Council may not be able to process your complaint unless sufficient information is given.

Should you need to change or access your personal details, or you require further information regarding Council’s Privacy and Data Protection Policy, please contact Council’s Human Resources Co-ordinator.

53


Page 9 of 15

APPENDIX C – Mansfield Shire Council Complaint Resolution Information Sheet Our customers are one of our highest priorities. Council is committed to working in partnership with our community to deliver excellent service through dedication, innovation and continuous improvement. We will provide friendly, prompt and professional customer service every time you contact us. Our aim at all times is to provide a quality service, and we place great emphasis on the efficient handling of complaints in an effective, respectful and professional manner. If you are unable to resolve a problem relating to our failure to meet any service quality guarantees, or are unhappy about any other Council action, you can follow our Complaint Resolution Process. WHAT IS A COMPLAINT? A complaint is dissatisfaction with the level or quality of service, or behaviour of an employee or contractor, which can be investigated and acted upon. A complaint is when we fail to respond to a request for service, or to properly address a service quality guarantee. For example, if you call to lodge a complaint about a cracked footpath, this is a request. However, if we fail to address the matter with in time or in the manner specified, and make no steps to rectify this, you have the right to lodge a complaint. WHAT IS NOT A COMPLAINT? A complaint is not:

• A request for service.

• A request for information or an explanation of a policy or procedure.

• Disagreement with a policy of the Council.

• An appeal or request for internal or external review of a decision.

• An expression concerning the general direction and performance of Council or its Councillors.

• An expression of dissatisfaction with the behaviour of a Councillor.

• Reports of damaged or faulty infrastructure.

• Reports about neighbours, noise, dogs, nuisances, unauthorised building work or similar issues that fall into the regulatory aspect of our service.

COMPLAINT RESOLUTION PROCESS: There are three steps to the Complaint Resolution Process. Step 1 Give us the details of your complaint

• What is the problem?

• How did the problem come about?

• What would you like us to do to put things right?

54


Page 10 of 15

You can register a complaint in a number of ways:

• in person at the Mansfield municipal office, 33 Highett Street, Mansfield,

• over the telephone – (03) 5775 8555,

• by writing to us using the Mansfield Shire Council Complaint Form,

• by email – [email protected]

• by fax – (03) 5775 2677 Your complaint will be passed on to the relevant officer within Council, who will work to resolve any problems. After investigating, we will respond to your complaint. Your letter or email should include the original reference number (where applicable) and your full contact details. If you remain dissatisfied with our response to your complaint, proceed to Step 2. Step 2 Contact the Manager of the responsible Department Contact us in writing and we’ll forward your complaint to the relevant Manager. The Manger will undertake a review or investigation and consult with the officer who handled your complaint initially. The Departmental manager will then respond to you. Your letter or email should include the original reference number (where applicable) and your full contact details. If you remain dissatisfied with our response to your complaint, proceed to Step 3.

Step 3 Contact the Chief Executive Officer Contact us in writing and we’ll forward your complaint to the office of the Chief Executive Officer (CEO). The CEO will undertake an impartial review or investigation of the complaint and respond to you. If you are still not satisfied and wish to appeal a decision made or action taken by Council, you can contact the State Ombudsman on (03) 9613 6222. The State Ombudsman’s Office is an independent body which will review your complaint. OUR COMMITMENT When dealing with your complaint:

• We will treat it confidentially.

• We will not discriminate against anyone by age, gender, ethnic origin, disability, marital status, political or religious affiliation, class or sexual orientation.

• We will not discriminate against anyone in the future because they have complained.

• If we have made a mistake, we will apologise and if possible put right what has gone wrong as quickly as possible.

• We will use information gathered to improve our services in the future.

55


Page 11 of 15

When you complain to us, we guarantee that:

• We will acknowledge all complaints within five working days.

• When we receive your complaint we will send you an acknowledgement letter to let you know we have received it, and you will be provided with a reference to assist you in tracking your complaint.

• Your complaint will be recorded in our document management system.

• We will direct your concern to the most appropriate person within Council who will be responsible for keeping you up to date on the progress of your complaint.

• We will investigate and respond to all complaints within 10 working days except for complicated issues when we will advise you of when you will receive a response.

• Throughout the process, we may need to contact you to discuss your concerns or to ask for more information. Providing us with current contact details will assist us to provide a response as soon as possible.

If we are unable to resolve your concerns within 15 working days we will contact you to let you know of our progress and you will be provided with:

• The name and position of the officer responsible for resolving your complaint

• The estimated timeframe it may take to resolve your complaint

• A timeframe for when you should next expect to hear from us.

STATUTORY COMPLAINTS Some complaints fall within a statutory process and you may have other rights. We’ll help you understand what your rights are in relation to the complaint, and where possible refer you to the relevant body. A statutory complaint could involve a planning scheme amendment process, the Victorian Civil and Administrative Tribunal (VCAT) or the Magistrates’ Court. ANONYMOUS COMPLAINTS Whilst anonymous complaints will not be rejected, they may limit our ability to fully investigate the problem depending on the amount of information supplied. If the complaint/request appears to relate to public safety then an investigation will be undertaken and rectification undertaken if found necessary. Due to the anonymity, Council will be unable to provide reasons for any decisions or actions taken. If insufficient information is deemed to have been supplied, no further action will be taken. PRIVACY COLLECTION STATEMENT Council is committed to the protection of personal information provided by our customers in accordance with the requirements of the Privacy and Data Protection Act 2014 and the Freedom of Information Act 1982.

56


Page 12 of 15

Council collects personal and or health information for municipal purposes as specified in the Local Government Act 1989. The information collected in complaint forms is used only for the purposes specified (primary purpose) and is not passed on to third parties. Council may disclose this information but only if authorised or required by law. Council may not be able to process your complaint unless sufficient information is given. Should you need to change or access your personal details, please contact Council and you’ll be directed to the appropriate Council officer. If you require further information regarding this Policy please contact Council’s Finance and Information Services Manager. IMPROVING OUR PERFORMANCE Council uses a variety of customer feedback channels and surveys to measure our service delivery. Your feedback is welcomed as it helps us monitor our performance on a regular basis in line with our Customer Service Policy.

57


Page 13 of 15

PROCEDURES Complaint Resolution

The following procedures are designed to ensure that all decisions relating to this policy are made in a consistent and open manner. The Complaint Resolution Policy applies to all customer complaints and does not include normal requests for service, third party complaints, reporting of incidents, requests for information, vexatious or anonymous complaints, information about Council’s operations or service, matters where there is already a right of appeal or legal remedy and petitions to Council. Complaints may be received in writing or verbally. Upon receipt, all complaints will be recorded and progressed through the TRIM electronic record keeping system. Complaints specifically in relation to the Councillors will be managed in accordance with the guidelines set out in the Mansfield Shire Council Councillor Code of Conduct. Complaints specifically in relation to staff will be assigned to the relevant Manager or in consultation with Human Resources Co-ordinator. The relevant officer will advise the complainant of the process to be taken, likely timeframes etc, and manage the process. If a customer would prefer to use an advocate to progress their complaint, Council is committed to facilitating this. If interpreting services are required, this will also be facilitated. Dedicated TRIM files shall be used for recording all complaints and it is the responsibility of the person receiving the complaint to ensure that it is passed to the Records Department as soon as possible for registering in TRIM. It is the responsibility of any staff member receiving a verbal complaint to enter it onto the appropriate Complaint form or Customer Request Management System (CRMS) and ensure the complaint is registered into Council’s TRIM system. In all cases appropriate access control (security) should be placed on all complaint documents. Council also operates under the Protected Disclosure Act 2012. Complaints relating to the improper conduct by Council, Mansfield Shire Councillors or officers should be directed to Council’s Protected Disclosure Officer.

The following process will be followed on receipt of a complaint. • All complaints, except those against Councillors, CEO or staff members, will be

assigned to the relevant officer by the Records Officer, with a copy sent to the Human Resources Manager for information purposes.

• The relevant officer shall provide an initial response and/or acknowledgement to the

complainant within five working days of receipt of the complaint and provide details of the TRIM reference number, if requested (Appendix A). If required, a full reply shall be sent to the complainant within ten working days of the original complaint being received, except in exceptional circumstances where this is not possible and, in such circumstances, the complainant will be notified. All actions shall be noted in TRIM and related to the original complaint.

58


Page 14 of 15

• If the complainant is not satisfied with the response, the matter will be escalated to the Manager of the relevant Department for review. Within five working days of receipt of the complainant’s notification that they are not satisfied with the initial response, the Manager shall provide a written response to the complainant with an estimated timeframe for reply, and a full response within ten working days, except in exceptional circumstances where this is not possible. All actions shall be noted in TRIM and related to the original complaint.

• If the complainant is not satisfied with the follow up response, the matter will be

escalated to the Chief Executive Officer for review. Within five working days of receipt of the complainant’s notification that they are not satisfied with the initial response, the Chief Executive Officer shall provide a written response to the complainant with an estimated timeframe for reply, and a full response within ten working days, except in exceptional circumstances where this is not possible. All actions shall be noted in TRIM and related to the original complaint.

• In cases where the complainant remains dissatisfied with Council’s response, it will be

the responsibility of the complainant to take the matter further and present their case elsewhere (ie, State Ombudsman’s Office). Requests for information from the complainant regarding their complaint will be dealt with in accordance with Freedom of Information legislation.

• With regard to complaints about a staff member, the relevant Manager will first notify the

Human Resources Department who will then work with the Manager in processing any such complaint. If appropriate, the Chief Executive Officer will be advised of the complaint. Timelines for processing such matters will be as defined above for other Complaints.

GENERAL The policy acknowledges certain Council situations that will generally sit outside of the policy scope of a complaint, but will be included for complete capture and analysis of complaints statistical data, ie: • Infringement Notice complaints (refer Local Laws Unit ) • Aged and Disability register on service deficiencies Confidentiality is a fundamental principle within this Policy and Council’s related systems and associated processes have been established to support this requirement.

59


Page 15 of 15

Examples of some types of requests and complaint and how they are to be treated are contained in the chart below: Correspondence Type Comments Category A pothole in my street needs fixing. No Previous History Request for Service I wrote six months ago about a pothole and didn’t get a reply.

Written previously - Behaviour related

Complaint against Council

I disagree with a planning decision that affected me.

Decision related Regular Correspondence

The planning process regarding a decision that affected me did not follow the advertised Planning Scheme procedures.

This is about our failure to follow process or procedure

Complaint against Council

My neighbour’s dog barks all night. Third Party Complaint

The officer I dealt with was rude. Behaviour related Complaint against Council

Why wasn’t I invited to the ___ meeting? An enquiry Regular Correspondence

My group was intentionally excluded from the ___ meeting.

Process related Complaint against Council

You didn’t respond to my initial letter Complaint against Council

STATUTORY COMPLAINTS Some complaints fall within a statutory process and may have other rights. A statutory complaint could involve a planning scheme amendment process, the Victorian Civil and Administrative Tribunal (VCAT) or the Magistrates’ Court. ANONYMOUS COMPLAINTS Whilst anonymous complaints will not be rejected, they may limit an officer’s ability to fully investigate the problem depending on the amount of information supplied. If the complaint/request appears to relate to public safety then an investigation will be undertaken by the relevant department and rectification undertaken if found necessary. Due to the anonymity, Council will be unable to provide reasons for any decisions or actions taken. If insufficient information is deemed to have been supplied, no further action will be taken.

60


61.

10.4 ENGINEERING & WORKS 10.4.1 Discontinuance and Closure of Fridays Lane File Number: E1062 Responsible Officer: Engineering and Works Manager, Amer Tawfik Disclosure of Conflicts of Interest The author of this report has declared no conflicts of interest in relation to this item. Introduction The purpose of the report is to consider the closure of Fridays Lane and sale of the land associated with Fridays Lane, as Fridays Lane is no longer required for public use. It recommends that Council completes the closure and discontinuance of Fridays Lane, and commence negotiations to sell the land to the adjacent landholder. Background The road portion is approximately 670m in length running from Glen Creek Road in a northerly direction to the south east corner of Lot 2 LP201355. It runs over Lot 1 TP928328, which is a road parcel currently in the name of the Shire of Mansfield. It was accessed by a bridge across the Glen Creek arm of Lake Eildon. The attached map shows the location of the area planned for discontinuance. Fridays Lane Bridge collapsed in 2011, after a concrete truck with a mass of 20t in significant excess of the bridge load limit of 5t attempted to cross the bridge. The landowner who used Fridays Lane has alternative access to his property from Glen Creek Road. As the section of road after the bridge is accessible by only one landowner after the collapse of the bridge, it is no longer required for public use. (The public road is surrounded by private land and has no other connections with the wider road network.) The road connects to a section of Unused Government Road Reserve covered by a grazing licence. After the discontinuance of the road, the Council can sell the land to the surrounding landowner. At the Ordinary Meeting of Council on 15 September 2015, the Council agreed to commence the process for closure and discontinuance of the road, and put the proposal out for public comment for a 28 day period as per statutory requirements. The Council also ratified the removal of the road from the Council Road Register at that meeting as it does not meet the requirement to be on the Council Road Register, regardless of the existence of the bridge. Statutory Requirements Section 206 of the Local Government Act 1989 gives Council power over roads in its municipal district, including the powers set out in Schedule 10. Schedule 10 (3) of the Local Government Act 1989 provides that a Council may discontinue a road, or part of a road, by a notice published in the Government Gazette.

61


62.

10.4.1 Discontinuance and Closure of Fridays Lane Cont. The Council may sell the land from that road (if it is not Crown land), transfer the land to the Crown or itself or retain the land. In the case of Fridays Lane, Mansfield Shire Council is the successor in title to the Shire of Mansfield, and so is the owner of the land. Section 189 of the Local Government Act 1989 allows the Council to sell the land, provided that public notice is given at least 4 weeks prior to selling the land, and that a valuation is obtained from a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of Land Act 1960. Subsection (4) exempts the Council from having to take submissions directly on the sale, provided that the Council makes a resolution to sell as part of the resolution to discontinue the road. Section 223 of the Local Government Act 1989 requires that Councils gives public notice of its intention to discontinue the road, and to take submissions for not less than 28 days after the publication date of the notice. The Council must then consider these submissions. A notice to this effect was published in the Mansfield Courier on 30 September 2015. The period for submissions closed on 30 October, 2015 being 30 days after publication of the notice in the Mansfield Courier. Council Plan The recommendation is consistent with Council’s strategic objectives in the Council Plan to “Develop and manage infrastructure and assets efficiently, effectively and equitably using appropriate standards, acknowledging the need for a balance between available resources, long term responsibilities, community needs and environmental imperatives.” Financial The discontinuance will reduce the demand on Council resources to maintain roads, and provide the opportunity to focus on roads carrying more traffic. Social Fridays Lane serviced a single property which has alternate access via Glen Creek Road. Although the landowner has asked that the Council keep Fridays Lane open, the value to the community of providing multiple access roads to a single property is not justifiable. The overall impact to the community of closing the road is low. Environmental There are no expected significant environmental implications. Economic There are no expected significant economic impacts to Council.

62


63.

10.4.1 Discontinuance and Closure of Fridays Lane Cont. Risk Management The discontinuance of the road reduces responsibility for Council for that portion of land, and reduces overall risk for Council. Although the landowner contends that this road is important for access, the landholder has alternate access to his property available from the public road network, so it is not considered that closure and discontinuance is in breach of any council obligations. Community Engagement The intention to discontinue the road was published in the Mansfield Courier on 30 September 2015, and public comment invited for a period ending on 30 October 2015, allowing 30 days from publication date for submissions. Submissions from Community Engagement One objection was received (see attached document) from Beaumont Lawyers acting on behalf of the landowner who utilised access via Fridays Lane prior to the collapse of the Fridays Lane bridge. The submission raises a variety of issues, some of which are directly applicable to the closure of the road, and others related to the issue of the collapsed bridge. In the interests of fairness, both sets of issues raised are addressed. Note that, for reasons of confidentiality, only the portions of the letter relevant to this report and to the proposed road closure have been reproduced. Submission Point Officer’s Response Council commitment to replace bridge in 2011.

The Council commitment in June 2011, prior to the collapse of the bridge, was to budget for consultants to make a final assessment of the bridge condition and to prepare detailed replacement plans. The Council noted that physical replacement would be subject to finalisation of funding sources and arrangements. No formal budget for replacement or applications for funding had been made or committed to. Subsequently, a concrete truck was driven over the bridge, in excess of the signed load limit, causing the collapse of the bridge.

Importance of road and bridge to landowner.

The Council queries the importance of the road and bridge to the landowner. Alternative sealed road property access is available and so the lack of the bridge and the road does not limit physical or legal access to the property. As the current access and the original access were both unsealed roads, the only traffic restriction is at the creek crossing, which is inaccessible during occasional short periods of flooding. Prior to the bridge collapse, access via Fridays Lane was restricted to low mass traffic with a gross weight of 5t or less. Because of this load restriction, the owners and operators of the property could not have used the bridge to move livestock and stock feed onto and off the property.

63


64.

10.4.1 Discontinuance and Closure of Fridays Lane Cont. Submission Point Officer’s Response Landowner’s contention that the alternate access is temporary and substandard, with restrictions of a ford across a creek.

The property access that Council needs to consider is that of the road network to the property. Driveways and other private roads connecting to that road network are the responsibility of the landowner, and Council does not maintain driveways and other private roads within a property.

As Glen Creek Rd provides all-weather access to an extensive boundary of the property, we consider that Council’s obligation for property access has been filled.

Although the landowner’s internal roads may be substandard, this is an issue for the landowner and not the council.

Inference that the real reason for closing the road is to avoid the cost of replacing the bridge.

The Council has considered that the cost of replacing the bridge is beyond the financial and economic resources available to the Council.

It further considered that the cost of provision of access to the property, to benefit one landowner who already has alternate access is not an appropriate usage of Council funds.

As the Council has not considered it appropriate to rebuild the bridge for the above reasons, the road accessed by it is no longer needed, nor is the road able to be maintained. This is a consequence of the lack of the bridge.

Decision is outside the power of the Council

The Council is empowered to close roads as it sees fit, as documented in the statutory requirements section of this report, as long as submissions are considered.

Denial of natural justice The closure of the road does not preclude reopening the road if a bridge is subsequently built.

We note that no-one is entitled to have a road maintained outside the obligations of the Council’s Road Management Plan.

Natural justice implies a rule to act fairly. In considering the circumstance of the road, the objections raised to the closure of the road and by having this decision made by Councillors in a public forum, we consider that Council will be acting fairly. We note that the ratepayer is not being denied access to his property, as his property is accessible from Glen Creek Road.

64


65.

10.4.1 Discontinuance and Closure of Fridays Lane Cont. Submission Point Officer’s Response Long-standing obligation on Council to maintain a road to the property.

The Council continues to provide access to the landowner’s property via an existing all-weather road. The Council does not agree that any access must be maintained outside the obligations set forth in its Road Management Plan. Fridays Lane does not meet these obligations and has already been removed from the Council’s road register.

Obligation to inspect, maintain and repair the bridge.

Although this proposal is about the closure of the road, not the collapse of the bridge, we note that Council undertook inspections of the bridge and determined that it was appropriate to carry traffic of up to 5 tonnes in weight. Maintenance and repair activity was undertaken where appropriate to enable the bridge to continue to be used at that load rating.

It is wrong to suggest that the Council was not maintaining the bridge to its capacity when a load 4 times the carrying capacity caused the bridge to collapse. The Council had explicitly sign-posted the bridge to stop overloading and had not either explicitly or implicitly encouraged the truck to cross the bridge.

It is disingenuous to suggest that a 20t concrete truck was randomly roaming the roads looking for somewhere to unload the concrete, and just happened to cross a bridge leading to the landowner’s property, signposted with a 5t limit. Note that the truck driver was successfully prosecuted by Victoria Police for disobeying traffic signs in taking his truck onto the bridge.

The reason for the concrete truck crossing the bridge is beyond the knowledge of Council.

Obligation on Council to rebuild the bridge

The Council must maintain a set of roads within the shire as per its Road Management Plan. The Road Management Plan commits to maintaining roads and associated bridges on the Road Register, and retains the right to add and remove roads from the register according to criteria set out within the Road Management Plan.

Fridays Lane does not meet the requirements to be on the Road Register, and so the road management plan does not impose an obligation to rebuild the bridge.

There is an implied general obligation to provide legal access to properties. Legal all-weather access is provided to the landholder’s property via Glen Creek Road.

65


66.

10.4.1 Discontinuance and Closure of Fridays Lane Cont. Submission Point Officer’s Response Land value has been reduced because it has no lawful and satisfactory access

The land has lawful access by virtue of the property’s abutment to Glen Creek Road. Access to the boundary of the land via Glen Creek Road is straightforward.

Although the house on the land requires further travel across the property prior to accessing Glen Creek Road, the Council does not agree that this makes the access either unlawful or unsatisfactory. The building of internal roads to an appropriate standard is not an issue for Council

The Council is obligated to make decisions in the best interests of the community as a whole. If, as the landowner contends, the landowner’s property value has been reduced, this is not a factor for consideration.

Absence of the bridge (and, by implication, closure of the road) impacts the values of the 14 titles which can be sold as separate lots without subdivision.

Fridays Lane provided direct access to only 6 land parcels – each of which could be sold without subdivision. One of these parcels is a remnant of Government Road Reserve transferred into private ownership at the creation of Lake Eildon. The dimensions of this small parcel are such that it is unlikely to be able to be developed.

The remaining 5 parcels accessed via Fridays Lane all have development potential subject to planning approval.

There are a further 3 land parcels that are directly accessible from Glen Creek Rd and do not require Fridays Lane for access. 2 of these are not accessible from Fridays Lane.

There are a further 6 land parcels that are not accessible from Fridays Lane (considered to be the section of public road that is proposed for closure) or from Glen Creek Road. Although all of these parcels abut unused Government Road Reserves, there is no current public road accessing them.

Overall, the closure of Fridays Lane limits access to 5 parcels comprising 94 Ha of the 350 Ha property. 21 Ha is only accessible via Glen Creek Road, and the remaining 235 Ha is not physically accessible via any public road (albeit legally accessible over Government Road Reserve).

Similar circumstances apply to a number of properties around the shire, where the property as a whole is accessible via public road, but a substantial number of parcels are effectively landlocked. It is not considered a sufficient cause to provide Council-managed access to such parcels.

Although the decision on the road closure must be made independent of its effect on property values, we disagree with the contention that the closure of the road (or the lack of access via the missing bridge) affects to the property values to any significant extent.

66


67.

10.4.1 Discontinuance and Closure of Fridays Lane Cont. Officer’s Comments The submission on the closure of the road has been considered. Overall, we consider that the closure should proceed. In the absence of the bridge, the road serves no public purpose. If, at some subsequent point in time, it is determined by Council that a new bridge should be constructed, the road could be reopened. The Road Management Plan puts in place mandatory and non-mandatory requirements for a road to be on the Road Register. These are a) Mandatory Requirements

The road must be a public road (i.e., the road is): · declared to be a public highway under Section 204(1) of the Local Government Act

1989; or · declared to be a municipal road under Section 14(1) of the Road Management Act

2004; or · a public highway under Section 24(2)(c) of the Subdivision Act 1988.

b) Non-Mandatory Requirements

The road must satisfy at least seven of the following ten criteria: · Provides primary access to at least one full-time occupied residence. · Is named and signed. · Has previously been constructed by and /or maintained by Council. · Contains public utilities (e.g., AusNet Services, Telstra). · Provides clear benefit to several property owners (not just one). · Is required for fire access purposes. · Connects into and forms part of the wider network of public roads. · Is fenced on both sides. · Is required for vehicular use. · Is the only means of access to abutting property/properties.

Although Fridays Lane meets the Mandatory Requirements for inclusion on the road register, it is considered to only meet 3 of the 10 non-mandatory requirements:

· Is named and signed. · Has previously been constructed by and /or maintained by Council. · Is fenced on both sides.

At times in the past, and prior to the bridge collapse, it provided access to a full-time occupied residence, and was connected to the wider network of public roads. However, it still would not have met a sufficient number of criteria for inclusion on the register.

67


68.

10.4.1 Discontinuance and Closure of Fridays Lane Cont.

As it fails to meet the criteria, its removal from the road register was ratified at the Ordinary Council Meeting held on 15 September 2015. However, until closed and discontinued, it remains a public road. In considering the submission from the landowner, it is important to separate the issue of the bridge from the closure of the road. While the bridge does not exist, it is not possible for Council to access the road for maintenance purposes, or for the road to be accessed by the public. Therefore it is appropriate to close the road. If, at some time in the future, the road becomes accessible, then the road could be reopened and returned to public use – at least while the land under the road is owned by the Council. In considering the submission made on behalf of the landowner, it appears unlikely that the landowner would consider purchasing the land at present as that limits the options for reopening the road. However, the land should still be offered to the landowner so that the landowner may make that decision. If the landowner declines to purchase the land, then it should be retained in Council ownership and not sold to any third party. Councillors Attley/Hogan: That Council, acting under Clause 3 of Schedule 10 to the Local Government Act 1989 and being of the opinion that the section of road running along the road reservation comprising Lot 1 TP 928328 from Glen Creek Road to the south east corner of Lot 2 LP201355 (“Fridays Lane”) is not reasonably required as a road, and having considered submissions from the public concerning the closure and discontinuance, authorise the Chief Executive Officer, or delegate, to: a) close that portion of Fridays Lane to public traffic; b) publish a Notice of Discontinuance in the Victoria Government Gazette; c) publish a Notice of Discontinuance in the Mansfield Courier; d) write to the affected landowner advising the landowner of the Council decision; e) enter into negotiations for the sale of the land from the road reservation

(including the signing and sealing of all relevant documentation required to effect the sale) to the abutting landowner; and

f) sell the land from the Road to the abutting owners at Council’s valuation. Carried

68


69.

ATTACHMENT 10.4.1

DISCONTINUANCE AND CLOSURE OF FRIDAYS LANE

(5 PAGES)

69


75.

11. ASSEMBLIES OF COUNCILLORS Under section 76AA of the Local Government Act 1989 an Assembly of Councillors (however titled) is defined as a planned or scheduled meeting, comprising at least three Councillors and one member of Council staff, that consider matters that are intended or likely to be: · The subject of a decision of the Council; or · Subject to the exercise of a function; duty or power of a Council that has been

delegated to a person or committee [s.76AA]. An assembly of Councillors does not include a meeting of the Council, a special committee of the Council, or any club, association, peak body, political party of other organisation. A written record of each assembly is held by Council and is available for public inspection. The following is a list for the past month of assemblies held and the issues discussed.

Date Type of Assembly Issues Discussed 16 February 2016 Councillors’ Briefing

Session Councillors: Paul Sladdin, Marg Attley, Ellen Hogan, Russell Bate, Ray Robinson Officers: Alex Green - Chief Executive Officer Louise Knol - Community Services Manager Michael Bismire - Development Services Manager Ian Geer - Tourism & Eco. Development Manager Amer Tawfik - Engineering and Works Manager Cheryl Nickels- Beattie - Finance & Information Services Manager Sharon Scott - Human Resources Manager

Conflict of Interest: NIL Issues Discussed: · Highton Lane Development Plan · Home and Community Care HACC · Mansfield Netball Courts · Upcoming events · McCormack yards at Merrijig · Mansfield Mt Buller Regional Tourism Association (MMBRTA) · Enterprise Bargaining Agreement · Cathy McGowan’s attendance at 19 April Briefing · Indi Telecommunications Action Group (ITAG) · Election candidates attendance at upcoming Briefings · Goughs Bay lawn mower · Messages from Woods Point · Tolmie Sports appreciation certificate · Victorian Environmental Assessment Council discussion paper

on Statewide Assessment of Public Land · Possible inclusion in the budget of sealing of Timothy Lane,

Reardon Lane, New Street and Battery Road extension. · Highett/Malcolm Street roundabout

23 February 2016 Councillors’ Briefing


Conflict of Interest: Cr Sladdin and Cr Robinson declared a conflict in relation to Fees and Charges. - Departed 11.50am. Returned 12.20pm. Issues Discussed: · 2015/16 Council Budget

75


76.

11. ASSEMBLIES OF COUNCILLORS CONT. Date Type of Assembly Issues Discussed 1 March 2016 Councillors’ Briefing


Conflict of Interest: NIL Issues Discussed: · Lakins Road Subdivision · High Country Library Corporation · Regional Priority List · C37 Planning Amendment · VicRoads Traffic Liaison meetings · Rural Australians for Refugees · Saleyards Land · ALGA National Local Government Assembly meeting · McMillan’s land for potential use for oval · Former Maternal and Child Health building · Meeting with IPS Drafting Re: landscaping requirements · Greenwaste Facility · Planning Application for Service Station · Parwanoff Street · Vegetation Removal · Woods Point Petrol Station · Reporting Committee outcomes to community · Soldiers Road · Bunstons Road · Changue Road · Facey Drive · Street Trading Policy

Councillors Hogan/Attley: That the Council note the Assemblies of Councillors as provided.

Carried 12. ADVISORY AND SPECIAL COMMITTEE REPORTS 12.1 Advisory Committees: Minutes of Meeting The draft Minutes of the following Advisory Committee meetings are attached for the Council’s information: · Mansfield Shire Environment Advisory Committee – 4 February 2016 · Mansfield Shire Audit and Risk Advisory Committee – 22 February 2016 Councillors Hogan/Attley: That the Council receive the Minutes of the Mansfield Shire Environment Advisory Committee and Mansfield Shire Audit and Risk Advisory Committee meetings as provided.

Carried

76


77.

ATTACHMENT 12.1

ADVISORY COMMITTEE REPORTS (MINUTES OF MEETINGS)

(34 PAGES)

77

Meeting Date: Thursday 4 February 2016 Chairperson: Cr Marg Attley File No. E3564

Time: 9.00am Location: Council Chambers

Invitees: Cr Marg Attley (Chair) Councillor, Michael Bismire Development Services Manager, Damien Gerrans Environment Officer, Kerstie Lee Up2Us Landcare Alliance Coordinator, Tandy Annuscheit Gadhaba Local Indigenous Network Representative, Don Howie Victorian Farmers Federation Mansfield Branch, Louise Perrin Mt Buller & Mt Stirling Alpine Resort Managements Environmental Services Manager, Sue Ablitt Community Representative, Ann Prudames Community Representative, Robyn Rattray-Wood Community Representative, Sarah Rau Administration Assistant, Cheryl Nickels-Beattie Finance and Information Services Manager, Alex Green Chief Executive Officer, Ian Geer Tourism and Economic Development Manager

Apologies:

ITEM SUBJECT BUSINESS RESP. OFFICER

1. GENERAL BUSINESS:

1.1 Opening of Meeting 9.03am

1.2 Attendance Cr Attley, Ian Geer, Damien Gerrans, Michael Bismire, Robyn Rattray-Wood, Kerstie Lee, Don Howie, Ann Prudames, Louise Perrin, Peter Olver, Alex Green, Cheryl Nickels-Beattie, Sarah Rau

1.3 Apologies Sue Ablitt, Tandy Annuscheit

1.4 Declaration of Interest Nil

1.5 Minutes of Previous Meeting Moved: Louise Perrin Seconded: Don Howie

1.6 Business Arising from Previous Meeting

Rail Trail Strategic Plan sent to Committee Ideas for budget submissions sent to Committee

1.7 Rate Capping update Please see Alex's presentation attached.

1.8 Budget process Please see Cheryl's presentation attached.

1.9 Budget submissions

The Committee agreed to the following 5 items to be included in the budget submission. Damien will draft a letter for the Committee as the submission. This will be circulated shortly.

1. Mansfield Shire Council contribution to roadside weed spraying 2. Victorian Blackberry Taskforce contribution 3. Great Victorian Rail Trail (GVRT) native vegetation interpretive signs

D. Gerrans

Mansfield Shire Environment Advisory Committee MINUTES

78

ITEM SUBJECT BUSINESS RESP. OFFICER 4. GVRT adaptive weed management 5. Fords Creek Conservation Plan/Connectivity Plan development

Damien to draft budget submission letter. Damien to present at next EAC on Native Vegetation management.

1.10 Climate Smart Agricultural Development Project

The information session for the project was held on 20 January 2016. Ann attended the evening and commented that it was concise, quick and the future for the Shire will be very different. Don commented that he didn't get much out of their visit to his property. Once Deakin has collated all their 'ground truthing' information, they will come back and present their findings at the final draft stage.

1.11 EAC 2016

As per the Environment Advisory Committee Charter, the community representative positions are due to be re-advertised. All current representatives are encouraged to re-apply. Depending on demand, there is the ability to potentially increase the amount of community rep positions on the Committee. Damien suggested that the high school is approached for a youth representative. Cr Attley suggested that two youth representative be invited to attend. Kerstie is running the Youth Leading the World program as part of the Humanities subject. She suggested that a representative be from that program.

The Committee agreed that there should be youth representation and supported Damien’s request to approach the Secondary College.

Damien also suggested that the Committee meets in the evening possibly at 7pm. There was general support for this idea.

D. Gerrans

1.12 Earth Hour 2016

8.30pm - 9.30pm Saturday March 19 2016 Mt Buller have run an event in the past. Council will advertise Earth Hour on our website and facebook page. Could potentially run a twilight farmers market next year.

Damien to organise information for web page and facebook page

D. Gerrans

1.13 Round Table

Sarah: www.feralscan.org.au a tool that can be downloaded as an app or used on the desktop. Peter: nothing to report Louise: Environmental programs are well underway. Mt Buller are the first area in the State to be trialling 'Canid Pest Ejectors' for the control of foxes and delivery of 1080 poison more effectively. Ann: The permanent residents are happy with the weed spraying that has taken

79

http://www.feralscan.org.au/

ITEM SUBJECT BUSINESS RESP. OFFICER place. Ann suggested that perhaps Committee members could be provided with a Council ID so when they approach members of the public, they are easily identifiable. Don: nothing to report Kerstie: Whole Farm planning course starting 15 February 2016 running for 6 months. 12 people are participating. Calicivirus information session ran on 20 January. Rabbit Control Field Day - Up2Us are hoping to run a field day regarding the release on farm in March 2016. A small farm bus tour in the Tolmie is being organised visiting capers, garlic, etc. Lunch will be at Tin Shed Cider. Date to be confirmed. Robyn: Goulburn Broken Catchment Management Authority (GBCMA) have identified Brankeet Creek as a priority creek. They are developing a strategic plan for this. There will be a community meeting on Friday 4th March, 7 – 8.30pm at the Ancona Hall for those residents. Michael: A group submission for the budget is encouraged. Damien: Articles in the Courier regarding a fine for a local resident for removing native vegetation and an article reminding residents about the need for permits for some roadside activities. These articles were issued following discussions at the Environment committee meetings. Grazing along the Rail Trail has begun as a trial - permits have been issued for 3 months only at this stage.

1.14 Environment Unit update Please see attached.

2. NEXT MEETING:

2.1 Next Meeting Wednesday 16 March 2016 at 9am

80

Environment Advisory Committee Meeting Notes Implement Biodiversity Initiatives Native Vegetation Contribution Scheme This project included projects such as Goulburn Broken Catchment Native Vegetation Contribution Scheme project being coordinated by the GBCMA. The next meeting with the GBCMA on biodiversity management is on 16 February 2016. Feedback on the contribution scheme model was provided to Dr. Rachel Clancy of Biosis in preparation for the February 2016 meeting. Fords Creek Conservation Plan/ Mansfield Connectivity Plan This project was identified in the Mansfield Shire Council Environment Priority Action Plan 2013-2017 as a whole of Council approach. To implement this project in a strategic way two budget items will be proposed. These include a community consultation phase and plan development phase. The plan will outline an approach for developer contributions where subdivisions are proposed on land adjoining or located on tributaries to Fords Creek.

Implement Great Victorian Rail Trail Management Initiatives A grazing permit application has been assessed and approved for the section of Rail Trail between Adams Lane and Midland Link, Maindample. Damien Gerrans and Parks and Gardens Supervisor Greg Edwards inspected the location prior to the issuing of the permit. The permit was issued for the grazing of sheep with conditions consistent to that of roadside grazing permit; however the permit was issued only for a period of three months. As this is the first grazing permit issued, the three month period will serve a trial for future applications. Guidelines will be developed for decision making around future grazing applications as well as other management activities. Two projects have been proposed for consideration in the Council budget with respect to the Rail Trail. These are: 1. An adaptive weed management trial; and 2. Native vegetation interpretive signs. Project Management Checklist To improve Council’s broader environmental performance feedback has been provided on two internal Council policies. The policies were Draft Mansfield Shire Procurement Policy and Procedures and Draft Vehicle Fleet Policy and Procedures. Pest Plant and Animal Strategy Weed Management - Roadside Weed Program Letters have been sent to residents in the following areas promoting the roadside weed spraying program and the Up2Us Blackberry Management program. Priority roadways have been identified as including: - Howqua Valley; - Howes Creek; - Dry Creek Road; and - Tolmie: Spring Creek Road, Bunstons Road, Cambatong Road. Following confirmation of receipt of roadside weed management funds the tender process can begin for roadside weed control works.

81

Rate Capping Update for Environment Advisory Committee Meeting Total Council budget is approximately $24million. Current (2015/16) rate increase is 3.4% Next year's (2016/17) rate increase is 2.5% = A reduction of income by $130,000 5 options for Council

1. Variation - Council can apply for a higher rate percentage increase to the State Government.

2. Increase income: a. Increase fees and charges; b. Entrepreneurial options; c. Sell assets (one-off boost of income)

3. Reduce Costs

a. Efficiency of staff; b. Reduce services - reduce staff numbers

4. Asset Renewal - gradually cut renewal of assets maintenance (i.e. decrease road length

maintained each year)

5. Debt - borrow money for capital or operating costs

Council's fixed budget

Nice to do

Discretionary

Wish list

Balanced budget

82

2016/17 Budget Information Presentation 2015/16 Budgeted Income

2015/16 Budgeted Expenditure

Where is the money spent? For every $100

Challenges

• Rate Capping 2.5% • Revaluation Year 2016-17 • Victorian Grants Commission • Capital Grants • New Enterprise Agreement • Landfill Rehabilitation

Budget Assumptions Income:

• Rates 2.5% • Fees and charges 5% or as per

legislation • Grants 0% or confirmed $

Capital Income:

• Confirmed grants for approved capital works

Expenditure:

• Salaries based on current eft • Non-salaries based on:

→ Contract agreement → Historical expenditure

Capital Expenditure:

• Capital projects over 10 years with associated grants and Council contributions

Community Information and Consultation Sessions Wednesday nights 6pm

• Merrijig 3 February • Mansfield 10 February • Jamieson 17 February • Bonnie Doon 24 February

83

Key Dates Councillor Budget Review 23 February

• Operating Budget • Fees and Charges

8 March

• Capital Budget • Initiatives

15 March (if required) 12 April

• Rates revaluation report (Valuer) • Councillor review Budget & SRP documents

26 April - Special Council Meeting

• Budget, Council Plan & SRP available to community 27 April - 24 May

• Public consultation period 10 May

• Budget information session - Mansfield 18 May

• Part-time Locals information session - Nunawading 24 May - COB

• Community submissions due 31 May

• Meeting to discuss submissions with interested parties (if requested) 14 June

• Special Council meeting - adopt Budget, Council Plan & SRP

84

1

MANSFIELD SHIRE COUNCIL Audit and Risk Advisory Committee

The Audit Advisory Committee shall meet quarterly to discuss matters including the following: August: Review draft annual financial accounts and consider the initial findings of

the external auditor.

November: Review the final results of the Annual Audit and any reports from the external auditor. Annual Review of Procurement Policy.

February: Review the progress of the internal audit program. Review of Management Letter and Review of Progress Report on Policy Review Project.

May: Review the current year and determine the next financial year annual internal audit program.

Please note that the Agenda will be projected onto

the data screen in the Chambers.

MINUTES

22 February 2016 MANSFIELD SHIRE OFFICE 33 Highett Street, Mansfield

4.30 pm with Council Officers attending from 5.00PM

CONTENTS

1. OPENING OF THE MEETING............................................................................................... 3

2. APOLOGIES.............................................................................................................................. 3

3. CONFIRMATION OF MINUTES ........................................................................................... 3

4. DISCLOSURE OF CONFLICT OF INTEREST .................................................................... 3

5. OUTSTANDING ACTIONS ..................................................................................................... 4

7. RISK MANAGEMENT ............................................................................................................. 5

7.1 Risk Management Procedures and Top Five (5) Risks................................................. 5

Attachment Item 7.1 ........................................................................................................ 7

7.2 Investment Schedule..................................................................................................... 30

Attachment Item 7.2 ...................................................................................................... 31

7.3 Risk Management: Insurance and Potential Litigation ............................................. 33

Attachment Item 7.3 ...................................................................................................... 35

8. INTERNAL AUDIT AND CONTROL ................................................................................... 37

185

Mansfield Shire Council – Audit Advisory Committee Meeting: 22 February 2016: Minutes

2

8.1 Fraud Prevention and Control Procedures ................................................................. 37

Attachment Item 8.1 ...................................................................................................... 40

8.2 Internal Audit Action Plan .......................................................................................... 72

Attachment Item 8.2 ...................................................................................................... 74

9. FINANCIAL AND PERFORMANCE REPORTS .............................................................. 105

9.1 Management letter issues for Year Ended 30 June, 2015 ........................................ 105

Attachment Item 9.1 .................................................................................................... 107

9.2 Performance Indicators – Financial Indicators Quarter 2 ...................................... 109

Attachment Item 9.2 .................................................................................................... 112

10. OTHER BUSINESS .............................................................................................................. 114

11. GENERAL ............................................................................................................................ 114

11.1 Next Meeting............................................................................................................... 114

12. CLOSURE OF MEETING.................................................................................................... 114

286

Mansfield Shire Council – Audit and Risk Advisory Committee Meeting: 22 February 2016: Minutes

3

MINUTES

22 February 2016 MANSFIELD SHIRE OFFICE 33 Highett Street, Mansfield

4.30PM 4.30 pm with Council Officers attending

from 5.00 pm

1. OPENING OF THE MEETING The Mayor, Cr. Paul Sladdin, opened the meeting at 5.00 pm.

PRESENT External Members: Ms Dannielle MacKenzie Ms Janene Ridley Ms Barbara Taylor Councillors: Cr Paul Sladdin Cr. Russell Bate IN ATTENDANCE Chief Executive Officer: Alex Green Finance and IS Manager: Cheryl Nickels-Beattie

Barbara Taylor was welcomed as a new member of the Committee. It was noted that Barbara was appointed by Council at the February Council meeting until July 1016, the remainder of the term of the position vacated by Robert Beekman. 2. APOLOGIES 3. CONFIRMATION OF MINUTES

J. Ridley/R. Bate: That the Minutes of the Audit and Risk Advisory Committee Meeting held on 23 November 2015 be confirmed as an accurate record.

4. DISCLOSURE OF CONFLICT OF INTEREST Nil

387


4

5. OUTSTANDING ACTIONS DATE ACTION DATE

DUE COMMENT

25/11/15 7.2 Investment Schedule Committee noted that there should be reference to the Operating account and a footnote to the Investment Schedule. Request was made to include this in future reports.

May 2016 Carried over to next meeting.

R. Bate/J. Ridley: That the Audit and Risk Advisory Committee receive this report.

488


5

7. RISK MANAGEMENT Duties and responsibilities of the Committee: • Review the operations and implementation of the identification and assessment of

risks, management of the identified risks, monitoring of the risk management process and referring risk matters to the Council as appropriate.

• Review key policies impacting on Council’s governance framework, such as Code of Ethics, Fraud Policy, Whistleblower Policy, Procurement Policy, Investment Policy.

• Monitor processes and practices of Council to ensure effective business continuity, including a disaster recovery plan which is periodically tested.

• Note the progress of any major litigation, including potential VCAT cases. • Note any investigation of any suspected cases of fraud. 7.1 Risk Management Procedures and Top Five (5) Risks File Number: E310 Responsible Officer: Risk Management Officer Disclosure of Conflicts of Interest The author of this report does not have a Conflict of Interest in this matter. Introduction

The aim of the Risk Management Procedures is to provide Officers with a systematic method used to identify, analyse, evaluate, treat, monitor and communicate key risks associated with Council responsibilities in order to minimise unexpected losses and maximise opportunities will be documented as procedures and should be read in conjunction with the Risk Policy and Strategy.

Background

The 2014 - 2017 Risk Management Strategy was presented to the Audit and Risk Advisory Committee at the November 2015 meeting. At the time the Risk Management procedures were under development. The Committee recommended the Strategy to Council and it was adopted at the January 2016 Ordinary Council meeting. The procedures have now been completed and are submitted to the Committee for their review and recommendation.

Statutory Requirements

There are no statutory requirements, however monitoring of Council’s Risk Management Strategy is a key responsibility of the Audit and Risk Advisory Committee.

Council Plan

The Council Plan commitment to ‘establish a risk management framework and monitoring system, including the development of an annual risk management work plan’ will be supported significantly by the initiatives within this report.

589


6

7.1 Risk Management Procedures and Top Five (5) Risks cont.

Financial

No financial implications.

Risk Management

These procedures forms part of Council’s Risk Management Framework.

Communication

There are no communication issues at this stage.

Officer’s Comments

The attached Risk Management Procedures complies with the AS/NZS ISO 31000 2009 Risk Management Principles and Guidelines.

J Ridley/R. Bate: That the Audit and Risk Advisory Committee receive this report and accept the Risk Management Procedures.

The Committee recommended that the progress report on the Top 5 Risks be reviewed by the Executive Management Team monthly and the Audit and Risk Advisory Committee quarterly. Other minor amendments to the Risk Management Procedures were suggested. The Top 5 Risks Progress Report was reviewed by the Committee. The Committee advised officers to proceed with a tender process to appoint an Internal Auditor as soon as possible. The budget process was discussed. Community Information Sessions are underway and to date have been successful. Councillors will be reviewing proposed Budget and Capital Works Program. The CEO advised of the intention to undergo a service review process which is linked directly to the 2017-18 Budget process. The Committee enquired about possible benchmarking with other Councils. Officers referred to the Know Your Council website with performance indicators and benchmarking capability. The Committee noted the progress made in Risk Management processes.

690


7

ATTACHMENT ITEM 7.1

RISK MANAGEMENT PROCEDURE (19 PAGES)

TOP 5 RISK TABLE

(3 PAGES)

791

mw02

Text Box

A copy of fhis attachment is available upon request.


30

7.2 Investment Schedule File Number: E2887 Responsible Officer: Senior Accountant Disclosure of Conflicts of Interest The author of this report does not have a Conflict of Interest in this matter. Introduction A report on the status of Council’s investments is to be reported on at each committee meeting. A schedule of Council’s investments has been attached showing details of investments as at the 31 January 2016. Background Regular reporting to the Audit and Risk Advisory Committee in relation to investments is required in accordance with the Investment Policy adopted by Council. Council Plan Reviewing Council’s investments is in line with the strategy contained within the Council Plan to “prudently and successfully improve its financial position”. Financial Excess cash is invested in order to attract greater interest income than that achievable through our operating bank account. Statutory Requirements Council’s Investment Policy is set up to adhere to the requirements contained within S143 of the Local Government Act 1989. Risk Management Regular review of investments is seen as an integral part of Council’s risk management process. Officers Comments The current investments range from 1 to 9 months in term. Interest rates currently being received range between 2.55% and 3.0%. During early February a further $1million was invested with the ANZ Bank. The third quarter rate instalments are due in February so cash balances are expected to increase by the end of the month. Council is compliant with Council Investment Policy. P Sladdin/J. Ridley: That the report be received and noted.

3092


31

ATTACHMENT ITEM 7.2

INVESTMENT PORTFOLIO REPORT (1 PAGE)

3193

mw02

Text Box



33

7.3 Risk Management: Insurance and Potential Litigation File Number: E3480 Responsible Officer: Risk Management Officer Introduction This report outlines any potential and actual insurance or litigation claims against Council. . Background Council’s Risk Management Strategy requires the management of risk in accordance with best practice and compliance with Joint Standard AS/NZS 4360:1999. Under the Standard, a risk management process follows a systematic application of policy, procedures and practices to the tasks of context identification, analysis, evaluation, treatment, monitoring and communication. Statutory Requirements There are no statutory requirements though monitoring of Council’s Risk Management Strategy is a key responsibility of the Audit and Risk Advisory Committee. Council Plan The Council Plan commitment to ‘establish a risk management framework and monitoring system, including the development of an annual risk management work plan’ will be supported significantly by the initiatives within this report. Financial Any adverse finding against Council would have the potential to impact on future MAV Public Liability/Professional Liability and other insurance premiums. Social There are no social implications Environmental There are no direct environmental impacts. Risk Management This process is part of Council’s Risk Management Strategy. Community Engagement No community engagement has taken place.

3394


34

7.3 Risk Management: Insurance and Potential Litigation cont. Communication There are no communication issues at this stage. Officer’s Comments The current status of items of insurance and potential litigation are attached for the Committee’s information. Council is represented at all hearings by the appropriate Officer. Any insurance claims are conducted together with the assistance of the insurer and Council Officers. R. Bate/J. Ridley: 1. That the Audit and Risk Advisory Committee receive this report The Committee were provided with a verbal update on current issues. It was noted that no response had been received from the Ombudsman to date.

3495


35

ATTACHMENT ITEM 7.3

INSURANCE AND LITIGATION TABLE (1 PAGE)

3596

mw02

Text Box



37

8. INTERNAL AUDIT AND CONTROL Duties and responsibilities of the Committee:

• Review the scope of the internal audit plan and program and the effectiveness of this

function taking into consideration whether the program systematically addresses: o internal controls over significant areas of risk, including non-financial

management control systems; o internal controls over revenue, expenditure, assets and liability processes, o the efficiency, effectiveness and economy of significant Council programs;

and o Compliance with regulations, policies, best practice guidelines, and

contractual arrangements. • Review the appropriateness of special internal audit assignments. • Review the level of resources allocated to internal audit and the scope of its authority,

including the independence of Internal Audit function. • Review reports of internal audit, the response of Council and management to matters

raised, and monitor the implementation of recommendation made by internal audit. • Critically analyse and follow up any internal or external audit report recommendation

which raises significant issues relating to risk management, internal control, financial reporting and other accountability or governance issues.

8.1 Fraud Prevention and Control Procedures File Number: E310 Responsible Officer: Finance & Information Services Manager Disclosure of Conflicts of Interest The author of this report does not have a Conflict of Interest in this matter. Introduction The purpose of these procedures is to formalise and communicate Council’s fraud control plan for preventing, deterring, detecting and responding appropriately to alleged fraudulent behaviour. The procedures provide officers with the approach to be taken to identify, analyse, evaluate, treat, monitor and communicate key risks associated with Council responsibilities in order to minimise unexpected losses and maximise opportunities. The procedures should be read in conjunction with the Risk Policy and Strategy.

Background Council must have systems and procedures in place to ensure that the risk of impropriety is minimised as far possible and that where instances may occur, there is a prompt and effective response to them.

3797


38

8.1 Fraud Prevention and Control Procedures cont. Council’s Fraud Policy was reviewed, amended and presented to the Audit and Risk Advisory Committee at the November 2015 meeting. The Committee recommended the Strategy to Council and it was adopted at the January 2016 Ordinary Council meeting.

The Fraud Prevention and Control Procedures have now been completed and are submitted to the Committee for their review and recommendation. Statutory Requirements • Local Government (Planning and reporting) Regulations 2014. • Annual Report – Government and Management Checklist. Council Plan These procedures support the Council’s commitment to good governance. Financial There are no direct financial implications in adopting this policy. Social NIl Environmental Nil Economic Nil Risk Management The Fraud Prevention and Control Policy and Procedures are an integral part of Council’s Risk Management process. Community Engagement These draft Procedures have been presented to and discussed by the Executive Management Team. Officer’s Comments The Procedures compliment the Fraud Prevention and Control Policy which was adopted by Council at its December Ordinary Council meeting. These Procedures compliment the Policy and provide guidance to officers in the instance of a fraudulent even. The Risk Officer is currently undertaking a fraud control audit. This audit covers the

3898


39

8.1 Fraud Prevention and Control Procedures cont. internal controls within the Finance, Payroll, Human Resources, Information Technology, Records Information Management and Governance units. The results of this in-house audit will provide Council with a Fraud Control Action Plan, which will be presented to this Committee. The Policy and Procedures are compliant with the Australian Standard on Fraud Control and Corruption Control (AS 8001: 2008). P. Sladdin/R. Bate: That the Audit and Risk Advisory Committee receive this report and accept the Fraud Prevention and Control Procedures. The Committee recommended that the appointed Fraud Control Officer be named in the documentation and to ensure a fraud training program be implemented for staff. Minor amendments were noted. Actions: Officers to provide advice regarding the external reporting of fraud at the next meeting The Fraud Register is to be a standing item of the Agenda in future. Freedom of Information (FOI) requests were discussed by the Committee. Officers advised the Committee that the FOI Officer would assess the risk to Council’s reputation and provide advice to the CEO. If a FOI request was refused, it would be escalated to the CEO, who would brief Councillors accordingly. FOI requests would not normally be presented to the Audit and Risk Advisory Committee.

3999


40

ATTACHMENT ITEM 8.1

FRAUD CONTROL PLAN (31 PAGES)

40100

mw02

Text Box



72

8.2 Internal Audit Action Plan File Number: E310 Responsible Officer: Finance & Information Services Manager Introduction This report provides a status update on • Internal Audit Action Plan – recommendations from previous internal audits • Risk Management Action Plan – issues raised by the Committee at November meeting • Draft Grants Administration Internal Audit Report – actions included in Internal Audit

Action Plan. Background Council’s Risk Management Strategy requires the management of risk in accordance with best practice and compliance with Standard AS/NZS 31000 2009. Under the Standard, a risk management process follows a systematic application of policy, procedures and practices to the tasks of context identification, analysis, evaluation, treatment, monitoring and communication. The internal audit process is an essential tool in this process. Statutory Requirements There are no statutory requirements. The monitoring of Council’s Internal Audit Plan and recommendations is a key responsibility of the Audit and Risk Advisory Committee. Council Plan The Council Plan commits to ‘establish a risk management framework and monitoring system, including the development of an annual risk management work plan’. Financial The findings from an independent audit have the potential to Impact on future MAV public liability premiums. The costs of internal audit are included annually in Council budgets. Risk Management This process is part of Council’s Risk Management Strategy. Communication There are no communication issues at this stage.

72101


73

8.2 Internal Audit Action Plan cont. Officer’s Comments

1. Internal Audit Action Plan This action plan ensures outcomes from internal audits are followed up and acted upon by Council Officers. There are two items remaining on the Security (Council Building and Personal) Risk Audit Action Plan. Budget allocation is required prior to commencing any building works. Officers will seek budget in the 2016-17 budget process. Competing priorities may delay the completion of these items. Council has decided not to proceed with the installation of the CCTV system. This item is now completed.

2. Risk Management Action Plan In September 2015, an internal review was conducted by the Finance and Information Services Manager to ascertain the current status of documentation, including Risk Policy, Risk Strategy and Fraud Policy. A substantial amount of work has been completed in ensuring Risk Management framework; policies and other documentation are current and relevant to the Council Plan and Risk Management standards. The attached schedule lists each item, status comments and the associated time frame for completion.

3. Grants Administration Internal Audit Report The internal audit was undertaken in April 2015 by RSD Chartered Accountants. A copy of the Internal Audit report is attached for the Committee’s information. Recommendations have been included in the Internal Audit Action Plan referred to above. P. Sladdin/J. Ridley: That the Audit and Risk Advisory Committee receive the Risk Management and Internal Audit Action Plan and draft Grants Administration Internal Audit Report.

The Committee commented that the brief provided by the Internal Auditor on grants administration was excellent.

73102


74

ATTACHMENT ITEM 8.2

APPENDIX 1A - INTERNAL AUDIT ACTION PLAN APPENDIX 1B – RISK MANAGEMENT ACTION

PLAN (7 PAGES)

GRANTS MANAGEMENT INTERNAL AUDIT

DRAFT REPORT (23 PAGES)

74103

mw02

Text Box



105

9. FINANCIAL AND PERFORMANCE REPORTS Duties and responsibilities of the Committee: • To review the draft annual financial report with management and external auditors

prior to the approval by Council, focusing on: o Significant changes in accounting policies and practices o Significant audit adjustments o Compliance with accounting standards and other reporting requirements o Significant variances from previous years

• Discuss with the external auditor issues arising from the audit, including any management letter issued by the auditor.

• To review the draft annual performance statement prior to presentation to Council and recommendation for adoption

• Review the information included in Council’s annual report to ensure it is consistent with the signed financial statements.

9.1 Management letter issues for Year Ended 30 June, 2015 File Number: E3431 Responsible Officer: Finance & Information Services Manager Disclosure of Conflicts of Interest The author of this report does not have a Conflict of Interest in this matter. Introduction A progress report is attached which summarises the management letter issues raised by the Auditors from the 2015 final audit and provides an update on the status of management resolutions. Background Management letters are prepared by the external auditor during an interim audit and after the financial audit and a management response prepared. Statutory Requirements There are no policy implications or legal ramifications. Council Plan Council’s response to the management letter is in line with the key strategic area “Driving Organisational Performance and Resource Management”. Financial There are no specific financial implications.

105104


106

9.1 Management letter issues for Year Ended 30 June, 2015 cont. Social There are no social implications in relation to this matter. Economic There are no economic implications in relation to this matter. Environmental There are no environmental implications in relation to this matter. Risk Management It is considered that the management responses adequately address the risks raised. Community Engagement The issues raised are operational and do not require a community engagement plan however the management letter and responses will form part of the Council agenda and minutes that are open to media and public scrutiny. Officer’s Comments All items listed in the final management letters are considered to be ongoing in nature. Process is in place to ensure compliance. Officer’s comments in relation to progress are included in the attached progress report. . J. Ridley/R. Bate: That the Audit Management Letter progress report be received and noted. Discussion held around the Caretaker Period.

106105


107

ATTACHMENT ITEM 9.1

PROGRESS REPORT ON MANAGEMENT LETTER

ISSUES

(1 PAGE)

107106

mw02

Text Box



109

9.2 Performance Indicators – Financial Indicators Quarter 2 File Number: E3431 Responsible Officer: Finance & Information Services Manager Disclosure of Conflicts of Interest The author of this report does not have a Conflict of Interest in this matter. Introduction The Audit and Risk Advisory Committee have a governance responsibility to ensure compliance to Local Government Regulations. At the February 2015 Audit and Risk Advisory Committee meeting, it was agreed that Council would report the financial performance indicators to the Committee. The financial indicators will be reported quarterly. Quarter 2 financial indicators are attached for the Committee’s information. Background The Local Government Performance Reporting Framework (LGPRF) was developed to ensure that all councils are measuring and reporting on their performance in a consistent way. This framework now forms the basis for the mandatory reporting of the annual audited Performance Statement and Performance Indicators required to be reported in Council’s Report of Operations. The Local Government (Planning and Reporting) Regulations 2014 has formalized this requirement. The regulations came into effect in April 2014 for the 2014-15 financial year. Two Better Practice Guides have been developed:

1. Performance Reporting Framework Indicator Workbook 2. Performance Statement

Statutory Requirements Local Government (Reporting and Planning) Regulations 2014 outlines the performance indicators (financial, service level, governance) required to be reported in Council’s annual Report of Operations. Performance indicators as specified by the regulations (financial & service level) are reported form the annual audited Performance Statement. Council Plan The quarterly report to the Audit and Risk Advisory Committee is in line with goals of the Council Plan “Driving Organisational Performance and Resource Management and Good Governance”. Financial The attached reports provide the opportunity for monthly review of Council’s financial position to ensure compliance with budgets.

109107


110

9.2 Performance Indicators – Financial Indicators Quarter 2 cont. Social Nil. Environmental Nil. Economic Nil. Risk Management This quarterly report is to show the Committee Council’s preparedness for reporting of the Performance Indicators required by the Local Government (Reporting and Planning) Regulations 2014. The financial indicators are monitored in line with Council’s financial strategy to ensure the short to medium term financial sustainability of Council. Community Engagement There has been no community engagement. Officer’s Report The Performance Indicators report on measures of Council’s efficiency, liquidity, obligations, operating position and stability. Definitions are outlined in the Local Government (Planning and Reporting) Regulations. The efficiency and stability measures have not been reported for Q2 (July – Dec 2015). The liquidity measures include working capital (current assets compared to current liabilities) and unrestricted cash. Working capital ratio is 4.28:1 (428%). This is higher than the 30 June budget 1.33:1 (133%) due to:

• Rates income raised in August; the full amounts raised are reported as current assets (cash or receivables); it is expected they will be collected in the current financial year.

• Year to date cash position is higher than June 30 budget for the following reasons:

o grants paid in advance 2014-15 (timing of cash as expenditure will be incurred in 2015-16)

o favourable variances in operating and capital expenditure (timing in expenditure)

The unrestricted cash measures cash (excluding cash held for reserves or in trust) against current liabilities is $195%. This is reflective of Council’s high cash position at 31 December 2015 compared with 30 June 2016 budget.

110108


111

9.2 Performance Indicators – Financial Indicators Quarter 2 cont. The obligation measures include asset renewal, loans and borrowings and liabilities compared to own source income. Asset renewal has not been provided due to depreciation being calculated at the end of the year. Loans and borrowing indicators are within the acceptable ranges. As is the own source revenue indicator. The operating position indicator is the adjusted underlying surplus/(deficit). The underlying results exclude non-recurrent capital grants and capital contributions (monetary and non-monetary). The result of these indicators is consistent to the year to date budget position. The Performance Indicators for the second quarter 2015-16 all fall within or are better than the acceptable range. P. Sladdin/J. Ridley: That the Audit and Risk Advisory Committee receive this report.

111109


112

ATTACHMENT ITEM 9.2

FINANCIAL PERFORMANCE INDICATORS

(1 PAGE)

112110

mw02

Text Box



114

10. OTHER BUSINESS 10.1 Aquatic Recreation Audit (draft report) Indoor Centres Although Council does not own an indoor pool, Council was required to participate in this VAGO Audit. In the improvement recommendations it was noted that there was no evidence documented of community feedback/evaluation. 10.2 Rate Capping Committee was updated on the legislation passed in December 2015 to introduce 2.5% rate capping. 10.3 Charter of Human Rights B. Taylor asked if the Charter of Human Rights was considered by the Committee. Response was yes. Suggestion was made to review the guidelines and place statement at the top of the Agenda. Action: Officers to seek clarification and report back to next committee meeting. 11. GENERAL 11.1 Next Meeting The next meeting of the Audit and Risk Advisory Committee will be held on Monday 23 May 2016 commencing at 4.30 pm in the Council Chamber. 12. CLOSURE OF MEETING There being no further business the meeting concluded at 6.28 pm.

CONFIRMED this Twenty Third day of May 2016.

________________________________Chair

114111


112.

13. AUTHORISATION OF SEALING OF DOCUMENTS Nil. SUSPENSION OF STANDING ORDERS Councillors Attley/Hogan: That Council suspend standing orders to facilitate public question time.

Carried 14. PUBLIC QUESTION TIME There were no questions from the Gallery. RESUMPTION OF STANDING ORDERS Councillors Attley/Hogan: That Council resume standing orders.

Carried

17.30pm Engineering and Works Manager, Amer Tawfik, departed the meeting. 15. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC

That pursuant to the provisions of Section 89(2) of the Local Government Act 1989, the meeting be closed the public in order to consider: (d) contractual matters; (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.

Councillors Attley/Hogan: That the meeting be closed to members of the public under Section 89(2) of the Local Government Act 1989, specifically the following sub-section: (d) contractual matters; (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.

Carried

112


121.

Councillors Attley/Hogan: That the meeting be reopened to members of the public. 16. CLOSE OF MEETING

There being no further business the meeting concluded at 17.54pm.

CONFIRMED this day of 2016.

________________________________ Mayor

113

MANSFIELD SHIRE COUNCIL Ordinary Meeting of Council · Matchpoint Solutions, through 2MH...

Documents

Transcript of MANSFIELD SHIRE COUNCIL Ordinary Meeting of Council · Matchpoint Solutions, through 2MH...