Indigo Council Meeting Agenda May 31, 2016

ORDINARY COUNCIL AGENDA - 31 MAY 2016
Mission Statement:
To support and develop a sustainable, thriving and resilient Community
through leadership and partnership.
TO BE HELD:
Tuesday, 31 May 2016 at 6.30pm
LOCATION:
Council Chambers
Beechworth
ATTENDEES: NAME
TITLE
Cr James Trenery
Mayor
Cr Peter Croucher
Deputy Mayor
Cr Barb Murdoch
Councillor
Cr Bernard Gaffney
Councillor
Cr Jenny OConnor
Councillor
Cr Roberta Horne
Councillor
Cr Emmerick Teissl
Councillor
Gerry Smith
Chief Executive Officer
Mark Florence
Director Development & Planning
Greg Pinkerton
Director Corporate & Community Services
Ian Ellett
Director Infrastructure Services
Michelle Delle Vergin
Secretariat
Vision Statement:
INDIGO A great place to live, work and visit.
Page 1
TABLE OF CONTENTS
1.
WELCOME .................................................................................................................6
2.
OPENING PRAYER, ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF

THE LAND & NATIONAL ANTHEM ..............................................................................6
3.
APOLOGIES AND LEAVE OF ABSENCE .........................................................................6
4.
DECLARATION OF CONFLICT OF INTEREST ..................................................................6
5.
OPEN FORUM ...........................................................................................................6
6.
CONDOLENCES ..........................................................................................................6
7.
CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S) .....................................6
8.
BUSINESS ARISING FROM PREVIOUS MINUTES ..........................................................7
9.
DEPUTATIONS AND PETITIONS ..................................................................................9
10.
CORPORATE & COMMUNITY SERVICES .................................................................... 10

10.1 April Finance Report .............................................................................................. 10
10.2 Instruments of Delegation..................................................................................... 19
10.3 Lake Sambell Committee of Management ............................................................ 23
10.4 Council Advisory Committee Minutes ................................................................... 29
10.5 Assembly of Councillors Record ............................................................................ 31
11.
DEVELOPMENT & PLANNING ................................................................................... 33

11.1 Planning Permit Application 15-0232 Camping and Caravan Park
('Glamping'), Diffey Road Beechworth, Matthew Park. ........................................ 33
11.2 Planning Permit Application PP16-0035 - (Carter) ................................................ 36
11.3 Request to Remove Heritage Overlay, 236 Main Street Rutherglen. ................... 50
11.4 Rutherglen Rural Living Strategy ........................................................................... 53
11.5 Cue Springs Water Extraction Monthly Monitoring Report .................................. 62
11.6 Community Engagement Plan ............................................................................... 63
11.7 Timor Leste Fellowship Program ........................................................................... 67
12.
INFRASTRUCTURE SERVICES .................................................................................... 70

12.1 Memorialisation .................................................................................................... 70
12.2 Municipal Emergency Management Report Update ............................................ 73
Page 2
13.
EXECUTIVE MANAGEMENT...................................................................................... 76
13.1 Lions District Convention Civic Reception ............................................................. 76
13.2 Rural Councils Victoria - Incorporation ................................................................. 79
14.
NOTICES OF MOTION .............................................................................................. 82

14.1 Indigo Shire Council Divestment Policy ................................................................. 82
15.
COMMITTEE AND DELEGATES REPORTS (ARE ALL FOR INFORMATION ONLY) ........... 83
15.1 Cr Trenery - Mayor ................................................................................................ 83
15.2 Cr Croucher - Deputy Mayor ................................................................................. 84
15.3 Cr Roberta Horne................................................................................................... 85
15.4 Cr Barbara Murdoch .............................................................................................. 86
16.
GENERAL BUSINESS ................................................................................................. 87
17.
CONFIDENTIAL ........................................................................................................ 87
ATTACHMENTS
10.1 April Finance Report
1
Monthly SPA Report..................................................................................... 89
10.2 Instruments of Delegation
1
Instrument of Delegation - Council to CEO.................................................. 92
2
Instrument of Delegation - Council to Members of Council Staff ............... 98
10.4 Council Advisory Committee Minutes
1
Minutes - Indigo Community Access Advisory Committee - 15
February 2016 ............................................................................................ 218
2
Minutes - Beechworth Trees Consultative Committee - 30
March 2016 ................................................................................................ 223
3
Minutes - Indigo Heritage Advisory Committee - 5 April 2016 ................. 227
4
Minutes - Finance Committee - 14 April 2016 ........................................... 233
5
April 2016 ................................................................................................... 237
6
Chairs Report - Audit Committee - 18 April 2016 ...................................... 242
7
Minutes - Finance Committee - 21 April 2016 ........................................... 244
8
Minutes - Beechworth Trees Consultative Committee - 2 May
2016 ........................................................................................................... 261
9
Minutes - Indigo Heritage Advisory Committee - 3 May 2016 .................. 265
10 Minutes - Old Beechworth Gaol Advisory Committee - 9 May
2016 ........................................................................................................... 271
Page 3
10.5 Assembly of Councillors Record

1
Assembly of Councillors Record - Indigo Community Access
Committee - 15 February 2016 .................................................................. 286
2
Assembly of Councillors Record - Beechworth Trees
Consultative Committee - 30 March 2016................................................. 288
3
Assembly of Councillors Record - Indigo Heritage Advisory
Committee - 5 April 2016 ........................................................................... 290
4
Assembly of Councillors Record - Briefing Meeting - 12 April
2016 ........................................................................................................... 292
5
Assembly of Councillors Record - Finance Committee - 14 April
2016 ........................................................................................................... 294
6
Advisory Committee - 18 April 2016 .......................................................... 296
7
Assembly of Councillors Record - Briefing Meeting - 19 April
2016 ........................................................................................................... 298
8
Assembly of Councillors Record - Community Forum Kergunyah - 19 April 2016 ......................................................................... 300
9
Assembly of Councillors Record - Finance Committee - 21 April
2016 ........................................................................................................... 302
10 Assembly of Councillors Record - Briefing Meeting - 26 April
2016 ........................................................................................................... 304
11 Assembly of Councillors Record - Council Meeting - 26 April
2016 ........................................................................................................... 306
12 Assembly of Councillors Record - Beechworth Trees
Consultative Committee - 2 May 2016 ...................................................... 308
13 Assembly of Councillors Record - Indigo Heritage Advisory
Committee - 3 May 2016 ........................................................................... 310
14 Assembly of Councillors Record - Briefing Meeting - 3 May 2016 ............ 312
15 Assembly of Councillors Record - Old Beechworth Gaol Advisory
Committee - 9 May 2016 ........................................................................... 314
11.1 Planning Permit Application 15-0232 Camping and Caravan Park
('Glamping'), Diffey Road Beechworth, Matthew Park.
1
Application documentation ....................................................................... 317
2
Referral authorities' responses .................................................................. 364
3
Letter to applicant...................................................................................... 367
11.2 Planning Permit Application PP16-0035 - (Carter)
1
Proposed Site Plan ..................................................................................... 369
2
Clause 35.07 - Farming Zone...................................................................... 370
3
Trafficworks TIAR ....................................................................................... 377
11.3 Request to Remove Heritage Overlay, 236 Main Street Rutherglen.
1
236 Main St inventory sheet ...................................................................... 409
Page 4
Heritage Advisor's response ...................................................................... 410
11.4 Rutherglen Rural Living Strategy

1
Rutherglen Rural Living Study - Final report .............................................. 412
11.5 Cue Springs Water Extraction Monthly Monitoring Report
1
Appendix 1 ................................................................................................. 501
11.6 Community Engagement Plan
1
Community Engagement Draft policy 2016 ............................................... 504
2
Community Engagement Draft plan .......................................................... 507
12.2 Municipal Emergency Management Report Update
1
Municipal Emergency Management Plan .................................................. 516
13.1 Lions District Convention Civic Reception
1
Correspondence - Request for Civic Reception ......................................... 622
13.2 Rural Councils Victoria - Incorporation
1
Draft Rules for RCV Incorporated 12 April 2016 ........................................ 624
2
Proxy Form RCV ......................................................................................... 625
14.1 Indigo Shire Council Divestment Policy
1
Local Government Super ........................................................................... 627
Page 5
1.
WELCOME
2.
OPENING PRAYER, ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF THE

LAND & NATIONAL ANTHEM
3.
APOLOGIES AND LEAVE OF ABSENCE
4.
DECLARATION OF CONFLICT OF INTEREST
5.
OPEN FORUM
6.
CONDOLENCES
7.
CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S)
RECOMMENDATION
That the Minutes of the Ordinary Council Meeting held on 26 April 2016 , as
published on Council's website, be confirmed.
Page 6
8.
BUSINESS ARISING FROM PREVIOUS MINUTES

LETTERS IN RESPONSE TO WOOLSHED PETITIONS
Page 7
Page 8
9.
DEPUTATIONS AND PETITIONS

Nil reports.
Page 9
10.
CORPORATE & COMMUNITY SERVICES
10.1 APRIL FINANCE REPORT

File No: 2016/286
Sharon Phillips - Management Accountant
Corporate & Community Services
For Decision
RECOMMENDATION
That Council accept the Monthly Finance Report as at 30 April 2016
INTRODUCTION
This report covers the first ten months of the 2015-16 financial year to 30 April 2016. The
figures contained in this report compare the April year to date (YTD) actuals to the April year
to date forecasts set at the mid-year review.
Year to Date ( YTD )
April YTD
Actuals
April YTD
Forecasts
Variance
$
Variance
%
Annual
Forecast
Income
Developer Contributions
(36,098)
(40,187)
(4,089)
(10%)
(43,187)
(163,903)
(168,852)
(4,949)
(3%)
(199,815)
(3,385,575)
(3,347,477)
38,098
1%
(4,155,299)
(133,719)
(151,815)
(18,096)
(12%)
(223,680)
Other Revenue
(3,556,727)
(3,583,549)
(26,822)
(1%)
(4,489,066)
Rates & charges
(14,745,616)
(14,751,786)
(6,171)
(0%)
(14,755,786)
Reimbursements
(250,648)
(243,396)
7,252
3%
(253,005)
(79,900)
(78,877)
1,023
1%
(99,901)
Statutory Fees & Fines
(664,873)
(630,601)
34,272
5%
(788,779)
User Charges
(602,929)
(569,458)
33,471
6%
(657,699)
Total Income
(23,619,988)
(23,565,998)
53,989
0%
(25,666,217)
Interest Income
Operating Grants
Operating contributions
Rent
Expense
Borrowing Costs
177,475
179,577
2,103
1%
213,367
Contract Payments
4,121,266
4,250,827
129,561
3%
4,904,144
Depreciation
4,293,880
4,369,671
75,791
2%
5,256,599
Employee Costs
9,594,140
9,637,585
43,444
0%
11,786,658
Materials & Consumables
1,997,283
2,042,744
45,462
2%
2,608,810
Other Expenses
3,126,564
3,247,271
120,707
4%
3,658,404
529,665
540,586
10,921
2%
651,090
23,840,273
24,268,262
427,989
2%
29,079,073
220,285
702,264
481,978
69%
3,412,856
Utilities
Total Expense
Net Profit / Loss
Page 10
DETAILS
Council is $482k favourable on a year to date basis compared to the revised forecasts
prepared as part of the 2015-16 mid-year forecasts.
INCOME
The favourable variance of $38k in Operating Grants is due to a combination of the
following;
$125k of infrastructure funding received from The Department of Treasury & Finance
for the Barnawartha Fire recovery works.
$60k of disaster support funding to fund Councils Community Recovery Coordinator.
These are offset by unfavourable Operating grant variances;
The adjustment of a reporting error for the Wahgunyah Recreation Reserve project of
$110k (as previously reported to Council), and;
A delay in receiving the second component of Councils Cycle Tourism grant ($36k).
The unfavourable variance of $27k in Other Revenue is due to:
$39k unfavourable variance relating to a delayed payment from the State Revenue
Office for the administration of the State Governments Fire Services Levy.
$31k unfavourable variance in Buller Gas Sales due to the lower gas prices. This is
balanced with lower than forecast gas purchases (net effect on Council is zero).
Balanced by;
$45k favourable variance in private homecare income due to an increase in private

contract business.
The favourable variance of $34k in Statutory Fees & Fines is due to;
Higher than anticipated animal registration fees compared to forecast $56k.
A reduction in fees received for both Subdivision and Engineering $11k.
Lower than forecast cemetery fees $9.5k.
The favourable variance of $33k in User Charges is due to higher than anticipated fees for
the following:
Historic Precinct ticket sales $15k.
Waste disposal sites $8k.
Swimming pools entry fees $12k.
Page 11
EXPENDITURE
The favourable variance of $130k in Contract Payments is a combination of several small
positive variations when compared to forecast. The two major contributing factors are;
A favourable variance of $152k for the Wahgunyah Recreation Reserve due to delay in
supplier payments.
$346k unbudgeted costs for the Barnawartha Fire. These costs have been partially
recouped from the State Government (see income section above). Further claims will
be made to recoup costs associated with this event.
The favourable YTD variance of $76k in Depreciation is due to a variation in Councils asset
value compared to the original annual budget. This will be reconciled and reported as part
of the year-end financial statements.
The favourable variance of $45k in Materials & Consumables is due to $51k in Destination
Marketing costs (Official Visitors Guide) being delayed. This project is expected to finish prior
to the end of financial year and will therefore balance the budget for this area.
The favourable variance of $121k in Other Expenses is due to a combination of the following
temporary savings. These costs will catch up by the end of the financial year;
$45k lower than forecast vehicle running costs across the organisation.
$34k reduced plant & equipment usage.
$18k less for software maintenance costs.
$10k lower legal costs in Planning.
$6.5k delayed payment for cyclical maintenance of Councils buildings.
Barnawartha Fire
The YTD April expenditure from the Barnawartha fire event is $378,036. This is partially
balanced with income of $125,802 leaving a net cost to Council at the end of April of
$252,235. Further claims for reimbursement will be made in the future.
Council continues to work with the community to repair damage and recover from this
significant event.
Page 12
Barnawartha Fire Event - 20/12/2015
April
YTD
Actuals
Income
Operating G - State Non Recurrent
Total Income
(125,802)
(125,802)
Expense
Contract Payments
348,010
Employee Costs
25,718
Other Expenses
4,309
Total Expense
378,036
Total Result as at 30 April 2016
252,235
Page 13
Page 14
CASH
Councils cash position as at 30 April 2016 is $4.2 million. This is $2.3 million higher than
forecast and is mainly due to the delayed capital works expenditure detailed below ($940k)
and the operating favourability ($482k). Both of these items are expected to reduce
dramatically in the next 2 months and Council is expecting a cash result that is in line with
the mid-year forecast.
Details of how these funds are invested are shown below.
Indigo Shire Council - Cash & Investment Report as at 30 April 2016
Bank
Term
Rate %
Due
Rollover
WAW
30
2.35
7/05/2016
1,000,000
Bendigo Bank
30
2.50
3/06/2016
1,000,000
Bank West
30
2.75
14/06/2016
1,000,000
Anz
30
2.30
18/05/2016
1,000,000
Total of All Investments
4,000,000
Indigo Shire Operating Account

Indigo Shire Operating AT CALL Account
Total Operating Cash Position
Total Cash Position
Amount
134,831
At Call
1.4
At Call
61,583
196,414
4,196,414
Page 15
CAPITAL WORKS
As at 30 April 2016 the year to date capital works spend was $5.1 million which equates to
68% of the adopted mid-year budget including 2014-15 carry forward projects. This is below
the forecast spend at this time of the year however projects are nearing completion and it is
expected that the capital works completion rate for the full financial year to be in excess of
90%.
2014-15
Capital Works
Adopted Midyear
Budget
April
YTD Actuals
2015-2016
%
Complete
Adopted Midyear
Budget
April YTD
Actuals
%
Complete
Capital Works Adopted Mid-year Budget
9,010,405
5,403,399
60.0%
5,826,231
3,917,600
67.2%
Prior Years Carry Forward
4,323,472
3,900,679
90.2%
1,005,607
670,007
66.6%
631,152
87,036
0.0%
767,000
551,576
71.9%
13,965,029
9,391,114
67.2%
7,598,838
5,139,183
67.6%
Other Projects
TOTAL
Page 16
CONCLUSION
Overall Councils position is favourable to forecast, predominately because of the timing of
expenditure. This favourability will reduce as the final months of the financial year unfold.
As reported previously a large increase in Councils landfill rehabilitation provision will
impact the reported full year result. However this increase is not currently finalised
therefore it is not shown in this monthly financial report. Without this abnormal landfill
adjustment Council is expecting to finish the year with controllable expenses in line with the
mid-year forecast.
Page 17
Councils cash position is approximately $2 million stronger than forecast however cash will
reduce in coming months as the capital works program draws to a close and the operating
favourability reduces.
Attachments
1.View Monthly SPA Report
Page 18
10.2 INSTRUMENTS OF DELEGATION

File No: 2016/322
Annabel Harding - Governance Officer
For Decision
RECOMMENDATION
That Council:
1.
Delegate to the person holding the position, acting in or performing the duties of
Chief Executive Officer the powers, duties and functions set out in the attached
Instrument of Delegation to the Chief Executive Officer, subject to the conditions and
limitations specified in that Instrument.
2.
Delegate to the members of Council staff holding, acting in or performing the duties
of the positions referred to in the attached Instrument of Delegation to Members of
Council Staff, the powers, duties and functions set out in that instrument, subject to
the conditions and limitations specified in that Instrument.
3.
Authorise the CEO to affix Councils common seal to the attached Instrument of
Delegation to the Chief Executive Officer and Instrument of Delegation to Members of
Council Staff. The instruments come into force immediately once the common seal of
Council is affixed to the instrument.
4.
Revoke all previous delegations to the Chief Executive Officer and to Members of
Staff immediately once the common seal of Council is affixed to the updated
instrument.
5.
Note that the duties and functions set out in the instruments must be performed, and
the powers set out in the instruments must be executed, in accordance with any
guidelines or policies of Council that it may from time to time adopt.
6.
Note that the Instrument of Delegation to the Chief Executive Officer includes a power
of delegation to the Chief Executive Officer in accordance with section 98(1) of the
Local Government Act 1989, and the Instrument of Delegation to Members of Council
Staff is in accordance with section 98(3) of the Act.
Page 19
INTRODUCTION
Council is given many powers, duties and functions under various pieces of legislation. It
would be impossible for any Council to exercise all of these powers through formal meetings
and resolutions and therefore Councils need staff to make decisions and act on their behalf
for day to day operations. When a Council delegates a power, duty or function to a member
of staff, the decision of the delegate is deemed to be a decision of Council.
Section 98 of the Local Government Act 1989 (the Act) allows a Council to delegate its
powers, duties and functions to the CEO and Council staff, and also specifies that the CEO
can sub-delegate to staff the powers of a Council which have been delegated to him / her.
These delegations are contained in three different instruments.
1.
The Instrument of Delegation to Chief Executive Officer allows the general delegation
to the CEO (pursuant to section 98(1) of the Act) and is required to be adopted by
Council.
2.
The Instrument of Delegation to Members of Council Staff. This allows Council to

directly delegate to staff members and must be adopted by Council.
3.
The Instrument of Sub-Delegation allows the powers delegated to the CEO to be

further delegated to Council Staff (section 98(3) of the Act). This Instrument comes
into force upon sign-off from the Chief Executive Officer, does not need a Council
resolution, and is not included in this report.
This reports deals with two instruments of delegation:

1.
Instrument of Delegation to the Chief Executive Officer
2.
Instrument of Delegation to Members of Council Staff
BACKGROUND
Commencing in January 2016, the two instruments for consideration, the Instrument of
Delegation to Chief Executive Officer and the Instrument of Delegation to Members of
Council Staff were reviewed by Councils executive team (EMT) in consultation with the
Governance Officer. Council has a subscription to Maddocks Delegation and Authorisation
Service. This is an industry-wide service for Local Government that provides Council with
updates twice annually and partially forms the basis of Councils instruments of delegation
review. EMT considered the new and existing delegations and made a number of changes to
the delegations and positions / titles (taking into account the Organisational Restructure of
March 2015). In addition, Maddocks provided further legal advice and clarification on
specific matters where required.
Two additional changes were made to the Instrument of Delegation to Members of Council
Staff, relating to the words not delegated and not applicable. The wording of each change
was validated by Maddocks before inclusion:
Page 20
1.
When the words not delegated appear in the delegate column, the powers, duty or
function can only be exercised by Council resolution or by the CEO.
2.
Where a delegation is not relevant or applicable to Indigo Shire Council, the item
remains in the instrument with the words not applicable noted in the delegate
column. This is to ensure no delegated items are excluded from the document.
The explanation note has been updated at the end of the index.
EMT has since reviewed and finalised all amendments. The changes have been incorporated
into the updated Instruments, which are attached to this report.
KEY IMPLICATIONS
It is important that Council maintains up to date delegations to ensure that staff have the
appropriate delegations to perform their daily duties.
Legislation changes from time to time. Should Council not update its delegations on a regular
basis there is a potential risk that officers are unable to perform their day to day duties in a
compliant manner.
RISK MANAGEMENT
Identified Risk
A power, function or duty not being included in
the Instrument of Delegation.
A power, function or duty being delegated to the
incorrect position.
Staff not understanding or adhering to the

Instrument of Delegation and acting outside their
delegated power.
Strategy to Manage Risk

Council subscribes to Maddocks
Lawyers Delegation service.
The Governance & Risk team have
reviewed the instrument of
delegations a number of times. The
instruments of delegation were then
reviewed line by line by EMT.
EMT will take a leading role in
ensuring all delegated staff are
familiar with and adhere to their
delegated powers duties and
functions.
FINANCIAL IMPLICATIONS
The adoption of this Instrument of Delegation does not have a financial impact on Council.
Page 21
LEGAL/COUNCIL PLAN/POLICY IMPACT

Council Plan
This Instrument of Delegation review will assist with the achievement of the key strategic
objective We will conduct the business of Council sustainably, openly and efficiently as set
out in the Council Plan 2013-2017.
The power of Council to act by resolution is set out in section 3 (5) of the Local Government
Act (The Act):
s.3(5) where a Council is empowered to do any act, matter or thing, the decision to do
the act, matter or things is to be made by resolution of the Council.
The Act, as well as other legislation, makes provision for the appointment of delegates to act
on behalf of Council. There are two basic forms of delegation under the Act:
To a Special Committee; or
To an Officer of the Council. If the delegation is to the Chief Executive Officer, that
person can sub-delegate some or all of those powers to other officers.
CONCLUSION
In accordance with Councils usual practice of regularly reviewing all delegations, the two
Instruments - Instrument of Delegation to the Chief Executive Officer and Instrument of
Delegation to Members of Council Staff - have been reviewed to ensure that they are lawful,
up to date and allow for the effective operation of the organisation.
Both of these documents require adoption by Council.
Attachments
1.View Instrument of Delegation - Council to CEO
2.View Instrument of Delegation - Council to Members of Council Staff
Page 22
10.3 LAKE SAMBELL COMMITTEE OF MANAGEMENT

File No: 2016/357
Greg Pinkerton - Director
For Decision
RECOMMENDATION
That Council:
1.
2.
3.
4.
Abolish the Lake Sambell Committee of Management effective 1 July 2016.

Recognise the Committee members and thank them for their service and dedication
to the Lake Sambell precinct.
Close all Lake Sambell Committee of Management bank accounts and transfer all
funds to a Council account to be quarantined for future Lake Sambell precinct
projects.
Take all other necessary steps to wind up the administration of the Committee.
INTRODUCTION
Council resolved to place the Lake Sambell Committee of Management into recess pending
the outcome of a broader governance review of Council Committees. This was done to allow
a comprehensive assessment of the committees strategic and operational alignment with
Council, as well as addressing a number of governance concerns that had been raised. This
report presents the outcome of this work and outlines the details behind the
recommendation that the Committee be abolished.
BACKGROUND
The Lake Sambell Committee of Management
The Lake Sambell Committee of Management was established by Council in 1992 and had a
number of strategic and operational objectives listed in their Instrument of Delegation;
The Committee:
1.
Will be responsible for providing advice to Council regarding the implementation of

the Lake Sambell Reserve Master Plan and inputs into the design of areas not yet
finished.
2.
Will be responsible for assisting Council in the coordination of the various organised
social activities that pertain to the use of the reserve.
3.
Is encouraged to actively pursue, in conjunction with Council, development

opportunities that facilitate future community use of the reserve in accordance with
the Master Plan.
Page 23
4.
Is encouraged to actively pursue wide community consultation on development

proposals for the Reserve in accordance with the Master Plan and to act as a forum for
the discussion of items of community interest pertaining to the reserve.
5.
Is to provide advice and undertake minor maintenance of reserve facilities and spaces
provided by the Lake Sambell maintenance Program Schedule.
6.
Will ensure the facility complies to the best of their knowledge with current health and
safety regulations and will report any potential hazard or danger at the reserve to
Council as soon as possible on discovery.
Notably, the majority of the objectives have been the same since 2002 and were due for a
refresh.
Councils Committee Review
Councils Governance team commenced a pilot review of two Committees in late 2015,
beginning with the Lake Sambell Committee of Management (a s86 special Committee) and
the Indigo Shire Access Committee (an advisory Committee to Council).
The review took the form of a survey of members as well as reviews of legislation,
instruments of delegation, feedback/complaints and comparison to Councils objectives &
adopted plans. This review took several months and included consultation and input from
Committee members.
The review considered two key issues;
1.
Efficiency: The ease with which the Committee and Council interact and the degree to
which the process interferes with the objectives of the Committee.
2.
Effectiveness: The degree to which the Committee aligns with Councils plans,
strategies, and operations.
The review found that there are a number of efficiency improvements that can be made in
the way that Committees (in general) interact with Council as well as the level and
appropriateness of the administrative requirements for running a Committee. These
administrative issues will be dealt with as part of the next stages of the Committee review
and will result in improved processes and a suite of tools that will improve the
administration and efficiency of the Committees.
In relation to the Lake Sambell Committee of Management specifically, the review identified
that the strategic alignment of the Committee and its objectives had drifted apart from the
aims and practices of Council. The review identified that this was caused by three main
changes:
1.
The finalisation and adoption of the Lake Sambell Reserve Master Plan. This significant
document considers the current and future needs of the users of the lake and precinct
and removes the need for many of the strategic objectives of the Lake Sambell
Committee.
Page 24
The majority of the strategic work delegated to the Committee related to the
development, adoption and promotion of a Lake (and precinct) Master Plan. A plan of
this scale and importance is always a collaborative effort and the Committee worked
with Council on the development of the new Master Plan that was adopted by Council
in 2015.
The adoption of the plan refocusses the priorities to advocacy and the pursuit of grant
funding. In the modern political environment these advocacy activities are best done
by Council in conjunction with State and Federal Government. In this way, the
adoption of the Master Plan removes the need for ongoing strategic and advocacy
work that had previously been done by the Lake Sambell Committee of Management.
2.
The growth of the lake precinct. In the last 20 years the facilities at Lake Sambell have
grown significantly and this asset is now a major piece of infrastructure that is not in
keeping with the usual type of asset that is managed by a Committee of management.
3.
The various regulations relating to the lake and surrounds as well as the changing
expectations regarding the maintenance of a significant lake and precinct. This is
particularly highlighted by the final objective of the Committee that includes the
wording (underline added) [the Committee] Will ensure the facility complies to the
best of their knowledge with current health and safety regulations This type of
delegation and responsibility is not appropriate in the current legislative environment,
particularly to a Committee of volunteer community members.
In the past, the maintenance and upkeep of this facility has been a shared responsibility
between Council, the Management Committee and State Government departments. This
partnership has resulted in a very well presented facility. However, due to the significance
and nature of the work involved it is no longer appropriate for a community group to be
responsible (albeit partially) for the maintenance and upkeep of a facility of this size and
type. The equipment, training, safety, and technical requirements of this facility have
surpassed the point at which a management Committee is appropriate. For the past 12
months Council has taken over the full maintenance responsibility for the lake and surrounds
and it is recommended that this continue.
The Management Committee has been successful in its goal of creating an important and
well used facility. In many ways it is this success that makes it inappropriate for the
Committee to continue to manage such a large facility.
Prior to being placed into recess the Committee was plagued with a number of operational
issues. It is the opinion of the Governance review that these issues were symptoms of the
loss of connection and alignment with Council. It is also the opinion of the review that this is
a natural result of the factors mentioned above, and that this reflects a move into a new
epoch for the Lake Sambell facility.
Page 25
Continuation Option
As the review considered these issues of 1/out-dated & misaligned objectives, 2/ the
appropriateness of a Committee of management for a facility of this type and size, and
3/recent governance issues within the Committee, it became apparent that any continuation
of the Committee would require Council to make significant changes to address these three
matters.
The recent governance issues could be resolved through additional intensive work with the
Committee however this would only be appropriate if the questions of 1/ the
appropriateness of asking a Committee of volunteers to manage this significant piece of
infrastructure, and 2/ the relevance and alignment of an updated set of objectives, could be
resolved in a way that gave the Committee a compelling reason to exist into the future.
When looking at this question of the future role of a s86 Committee of management over
the lake and/or precinct the review was not satisfied that there was a compelling set of
objectives that would warrant the continuation of the Committee. Further, the review
suggests that an asset of this size and type is most appropriately managed by Council.
Therefore, for all of the reasons discussed above, it is recommended that Council
discontinue the Lake Sambell Management Committee and wind up its affairs.
Committee Achievements
The Lake Sambell Committee of Management has been in place for 25 years. Over that time
this volunteer Committee has overseen a long list of significant changes to the lake and
surrounds, including the sandy beach, toilets and playground, Lake Walk, Chinese Garden
and, more recently, assisted Council with the wall repair project. All of the major projects
have been done in a collaborative way with the Committee of the day, and the result is a
facility of which the community can be very proud.
It is important to recognise all of the current and past members of the Committee for their
tireless work as volunteers to develop and maintain the Lake. Countless hours and a great
deal of hard work have been done by Committee members for more than 2 decades.
During the review process several of the current Committee members expressed a desire to
change the Committee from a s86 (Local Government Act 1989) special Committee of
Council to a friends of Lake Sambell group (separate to Council and run independently). It
is not known what this may entail however it is suggested that this may be an appropriate
way for active community members to continue to engage with the lake and precinct in a
coordinated way. If a friends group was established in the future it is likely that Council
would be interested in their activities and may use this group for advice / consultation
regarding the lake precinct, however the establishment and operation of any such group
would be up to community members to lead and manage.
Page 26
KEY IMPLICATIONS
The removal of this Committee will require Council to continue its oversight of all
maintenance, repair and upgrade of the Lake Sambell precinct. This has been the case for
the last 12 months and would continue indefinitely if the recommended resolution is passed.
RISK MANAGEMENT
If adopted by Council the recommendation carries some additional risks whilst
simultaneously mitigating / eliminating some current risks.
Additional / Increased Risk
By resolving to take full responsibility for all maintenance and upkeep of the lake, Council
increases its financial risk slightly. Without a Committee of management in place to share
the cost risk the full risk would rest with Council. Whilst the cost risks of the Lake Sambell
precinct are high (as evidenced by the recent dam wall replacement) the increased risk to
Council from taking sole responsibility for the lake is minimal. This is because the Committee
was not resourced to a level that would provide any meaningful mitigation to Councils
financial risk. Any major works or repairs would be worn by Council with / without a
Committee of management in place.
By taking full responsibility for the maintenance and upkeep of the facility Council exposes
itself to an increased reputational risk from the community concern about any aspect of the
lake and precinct. This has been seen in the last 12 months with all inquiries now coming to
Council including several items from Committee of management members. It will not be
possible for Council to satisfy every request or concern regarding the lake. This is true with
or without a Committee in place and it is suggested that the increased reputational risk from
removing the Committee of management is relatively small.
The final additional risk is a slightly escalated operational risk that arises from Councils
outdoor team being spread more broadly than previously. By covering the activities of the
Committee of management the outdoor team will have less time for other activities.
Eliminated / Reduced Risks
The recommended resolution removes and reduces a number of risks associated with the
Committee of management. These include;
Removing the risk of duplication of effort and limited coordination between Council
and the Committee.
Removing the risks associated with the delegation of some responsibilities (such as
health and safety) to a Committee of volunteers.
Removing the risk of inappropriate governance and activity within the Committee.
These issues have surfaced recently and would be eliminated under the recommended
resolution.
Page 27
The maintenance of the Lake and Precinct will become part of Councils operations
responsibilities. The impact over the last 12 months on Councils budget has been minimal.
The Committee operated a bank account and petty cash on behalf of Council. The remaining
funds approximately ($12,500) will be quarantined for use in the Lake Sambell precinct. It is
hoped that a future project will include an opportunity to recognise past members of the
Lake Sambell Management Committee and their contribution to the creation and upkeep of
this facility.
The Committee was established under s86 of the Local Government Act 1989 and is
governed by this act as well as the instrument of delegation. None of these documents
include specific details of the process of removing a Committee and winding up the
administration. It is clear that the instrument of delegation can only be altered by Council
resolution and this would include the removal/withdrawal of the instrument of delegation.
COMMUNICATION
In the week prior to the Council meeting staff met with members of the Lake Sambell
Committee of Management, provided a copy of this report and discussed the
recommendation and reasons for the recommendation.
If the recommendation is adopted, Council staff will write to each current Committee
member to thank them for their service and advise them that the Committee has been
abolished.
CONCLUSION
The recommendation to discontinue the Lake Sambell Committee of Management is one
that is not taken lightly. This Committee has worked hard to achieve a great deal for the
Beechworth community and the lake precinct is a much-loved asset for residents and visitors
alike.
However the adoption of a Lake Sambell Reserve Master Plan and the changes to the
maintenance expectations and requirements has meant that Council no longer requires a
management Committee for Lake Sambell.
The Committee had a clear role to perform and they have acquitted this duty very well over
the last 25 years. The Committee has fulfilled its purpose, and it is now recommended that
the baton be passed back to Council to continue developing this important asset in
accordance with the priorities identified in the recently adopted Lake Sambell Master Plan.
Attachments
Nil
Page 28
10.4 COUNCIL ADVISORY COMMITTEE MINUTES

File No: 2016/318
For Decision
RECOMMENDATION
That Council receive the attached Advisory Committee minutes and endorse the Officer
comments.
COMMITTEE
Indigo Community Access Advisory Committee
Beechworth Trees Consultative Committee
Indigo Heritage Advisory Committee
Finance Committee
Audit Committee
Finance Committee
Old Beechworth Gaol Advisory Committee
DATE OF MEETING
15 February 2016
30 March 2016
5 April 2016
14 April 2016
18 April 2016
18 April 2016
21 April 2016
2 May 2016
3 May 2016
9 May 2016
Burke Museum & Historic Precinct Advisory Committee
No meeting held.
Indigo Economic Development & Tourism Advisory Committee
No meeting held.
Indigo Environment Advisory Committee
No meeting held.
Indigo Shire Community Grants & Awards Advisory Committee

(Only meet twice annually)
No meeting held.
Note: The timing of the agenda distribution will sometimes make it difficult to provide a
complete month. Please note that any items not included will be recorded in the following
month.
Page 29
The resolutions from these Advisory Committee meetings and Officer comments are
outlined below:
COMMITTEE
RESOLUTION
Finance
Committee
That the Finance

Committee endorse the draft
budget in principal.
Indigo
Community
Access Advisory
Committee
MOVED
SECONDED
Cr Trenery
Cr Murdoch
That the Committee

Joy Lee
write a letter to the Rutherglen
Historical Society advising them
that the Indigo Community
Advisory Committee has
reviewed the options paper for
disabled access and strongly
endorses Option 4. The
Committee would be happy to
work with the Historical Society
to progress this matter.
OFFICER
COMMENT
Carried
unanimously.
Peter Royale
Attachments
1.View Minutes - Indigo Community Access Advisory Committee - 15 February 2016
2.View Minutes - Beechworth Trees Consultative Committee - 30 March 2016
3.View Minutes - Indigo Heritage Advisory Committee - 5 April 2016
4.View Minutes - Finance Committee - 14 April 2016
5.View Minutes - Indigo Community Access Advisory Committee - 18 April 2016
6.View Chairs Report - Audit Committee - 18 April 2016
7.View Minutes - Finance Committee - 21 April 2016
8.View Minutes - Beechworth Trees Consultative Committee - 2 May 2016
9.View Minutes - Indigo Heritage Advisory Committee - 3 May 2016
10.View Minutes - Old Beechworth Gaol Advisory Committee - 9 May 2016
Page 30
10.5 ASSEMBLY OF COUNCILLORS RECORD

File No: 2016/317
For Decision
RECOMMENDATION
That Council accept the attached Assembly of Councillors records.
INTRODUCTION
As required under Section 80A of the Local Government Act 1989 (the Act) the attached
Assembly of Councillors records are presented to Council for acceptance (summarised in the
table below);
Meeting
Date
15 February 2016
30 March 2016
5 April 2016
Briefing Meeting
12 April 2016
Finance Committee
14 April 2016
18 April 2016
Briefing Meeting
19 April 2016
Community Forum - Kergunyah
19 April 2016
Finance Committee
21 April 2016
Council Meeting
26 April 2016
Briefing Meeting
26 April 2016
2 May 2016
3 May 2016
Briefing Meeting
3 May 2016
Old Beechworth Gaol Advisory Committee
9 May 2016
Note: The timing of the agenda distribution will sometimes make it difficult to provide a
complete month. Please note that any items not included will carry forward to the following
month.
Page 31

Section 76AA of the Act defines an Assembly of Councillors as a meeting of an advisory
committee of the Council, if at least one Councillor is present, or a planned or scheduled
meeting of at least half of the Councillors and one member of Council staff which considers
matters that are intended or likely to be:
a)
The subject of a decision of the Council; or
b)
Subject to the exercise of a function, duty or power of the Council that has been
delegated to a person or committee but does not include a meeting of the Council, a
special committee of the Council or an Audit Committee.
Section 80A(2) of the Act requires that a written record of an Assembly of Councillors to be
reported as soon as practicable to an Ordinary Council meeting and incorporated in the
minutes
Attachments
1.View Assembly of Councillors Record - Indigo Community Access Committee - 15 February 2016
2.View Assembly of Councillors Record - Beechworth Trees Consultative Committee - 30 March 2016
3.View Assembly of Councillors Record - Indigo Heritage Advisory Committee - 5 April 2016
4.View Assembly of Councillors Record - Briefing Meeting - 12 April 2016
5.View Assembly of Councillors Record - Finance Committee - 14 April 2016
6.View Assembly of Councillors Record - Indigo Community Access Advisory Committee - 18 April 2016
8.View Assembly of Councillors Record - Community Forum - Kergunyah - 19 April 2016
9.View Assembly of Councillors Record - Finance Committee - 21 April 2016
11.View Assembly of Councillors Record - Council Meeting - 26 April 2016
12.View Assembly of Councillors Record - Beechworth Trees Consultative Committee - 2 May 2016
13.View Assembly of Councillors Record - Indigo Heritage Advisory Committee - 3 May 2016
14.View Assembly of Councillors Record - Briefing Meeting - 3 May 2016
15.View Assembly of Councillors Record - Old Beechworth Gaol Advisory Committee - 9 May 2016
Page 32
11.
DEVELOPMENT & PLANNING
11.1 PLANNING PERMIT APPLICATION 15-0232 CAMPING AND CARAVAN PARK

('GLAMPING'), DIFFEY ROAD BEECHWORTH, MATTHEW PARK.
File No: 2016/343
Kath Oswald - Town Planner
Development & Planning
For Decision
RECOMMENDATION
That Council refuse the application due to the lack of information required by referral
authorities being provided by the applicant.
SUMMARY
Application No:
15-0232
Applicant:
Matthew Park
Subject Land:
Crown Allotments 4B, 4C, 7, 8, 8A, 9 & 9A Section 8

Parish of Beechworth, Diffey Road Beechworth
Proposal:
Camping and caravan park (Glamping)
Recommendation:
Refusal in accordance with the Recommendation above
BACKGROUND
Date application lodged:
25 September 2015
Purpose:
Seek approval to use and develop the subject site for the
purposes of camping and caravan park
Subject site land area:
7.25 hectares
Current use of subject Grazing

site:
Site constraints:
Land within 200 metres of a named waterway (Two Mile

Creek)
Surrounding land use:
Grazing, winery, dwellings
Zoning of surrounding Farming Zone (FZ), Public Conservation and Resource

land:
Zone (PCRZ)
Page 33
PROPOSAL
The application involves using the land for luxury camping, also known as glamour camping,
or glamping, and developing the land with four tents and ablution facilities. This falls into
the definition of Camping and Caravan Park, the definition of which is Land used to allow
accommodation in caravans, cabins, tents, or the like. The application documentation is
included as Attachment 1.
ZONING AND PLANNING CONTROLS
Zoning:
Farming Zone
Overlay/s:
Bushfire Management Overlay (BMO)
Permit Trigger:
Farming Zone.
Camping and Caravan Park is a section 2 (permit required) use in the
REFERRAL AUTHORITIES
The application was referred to the following referral authorities in accordance with Section
55 of the Planning and Environment Act 1987 and/or advice was sought from the following:
Indigo Shire Council Assets Department (road access)

Health (effluent disposal)
North East CMA
Goulburn-Murray Water
North East Water
Country Fire Authority
Responses were received from Goulburn-Murray Water and Country Fire Authority
requesting further information (see Attachment 2 for a copy of responses).
PUBLIC NOTICE
Notice of the application was given to adjoining owners and occupiers and other relevant
persons in accordance with Section 52 (1) of the Planning and Environment Act 1987.
Three objections were received in response (see Attachment 4).
Issues raised include:
Lack of detail in the application documentation

Fire risk
Impacts of wastewater
Loss of amenity
Traffic
Impacts on farming activities
Inappropriate use in the rural locality
Page 34
DISCUSSION
The applicant was advised of the requirement to submit further information in accordance
with the referral authorities requirements in late October and early November 2015.
In addition to the requirements of the referral authorities, the applicant is required to
submit an approved Cultural Heritage Management Plan (CHMP), as the subject land is
within an area of cultural heritage sensitivity, ie within 200 metres of Two-Mile Creek.
The applicant was advised of this in early November 2015. The applicant, via his solicitor,
contested the need for a CHMP in late November. The response was given that it was
Councils opinion that a CHMP was indeed required, as the land was within an area of
cultural heritage sensitivity and the activity is considered to be a high impact activity under
the provisions of the Aboriginal Heritage Act 2006.
To date, there has been no further contact with the applicant, despite verbal and written
requests to provide advice as to whether or not the application would be progressing and
the required information would be forthcoming (Attachment 3).
CONCLUSION
Given the length of time that has passed, the lack of information as required by statutory
referral authorities and the notification given to the applicant, it is considered that the
application should be refused.
Attachments
1.View Application documentation
2.View Referral authorities' responses
3.View Letter to applicant
4.View Objections (excluded from agenda)
(Confidential)
Page 35
11.2 PLANNING PERMIT APPLICATION PP16-0035 - (CARTER)

File No: 2016/355
Ian Scholes - Manager Planning & Statutory
Services
For Decision
RECOMMENDATION
That Council approve Planning Permit PP16-0035 for the use and development of a Cartage
contractors Depot at 94 Indigo Creek Road, Indigo Valley subject to the following conditions
and issue a Notice of Decision to Grant a Permit.
1.
PLANS TO BE SUBMITTED
This Permit shall have no force or effect until two (2) copies of detailed plans are submitted
to and approved by the Responsible Authority. The plans are to be properly drawn to scale
and showing:
a.
the position and layout of the shed to be used in connection with the cartage
contractors business specifying the location of the shed to be such that the northern
wall of the building is approximately 70 metres from Ryans Access Road and the
eastern wall approximately 70 metres from Indigo Creek Road;
b.
the location of other buildings on the land;
c.
the location of driveways on the land and the vehicle crossing to the road;
d.
the extent of hardstand area around the shed;
e.
delineation and identification by notation of all areas where semi trailer trailers and
or semi trailer prime movers are to be kept overnight or for periods exceeding one
hour;
f.
delineation and identification of areas where vehicles, excluding trailers and prime
movers are to be parked;
g.
any outdoor storage areas;
h.
any areas outside the shed that might be used for purposes in connection with the
washing or routine maintenance of vehicles with particulars of how all such areas,
whether inside or outside the shed, are to be provided with flooring, drainage,
bunding and facilities to prevent the escape of polluted wash water or other liquids to
the environment with specification as to how such liquids are to be stored, treated or
disposed of;
i.
the boundaries and dimensions of the site;
j.
construction details of all drainage works, driveways, vehicle parking and standing
areas; and
k.
a landscape layout plan to include locally indigenous tree and shrub species designed
to provide effective visual screening or softening of the view of the part of the land
utilised in connection with the cartage contractors depot from the road by rendering
it a filtered view with specification of the type, species and size at maturity of
plantings plus any associated works in relation to the draining, irrigation protection
and maintenance of landscaping. A landscape buffer strip 20 metres wide along the
southern and northern boundaries with a 10 metre wide strip to be planted along the
eastern boundary;
Page 36
l.
The construction of all recommendations of the Traffic Impact Assessment Report

prepared by Trafficworks dated 12/05/2016 and all to the satisfaction of the
Responsible Authority. These are:
Recommendation 1: That an access be constructed from the subject site to
Ryans Access in accordance with the Indigo Shire Councils Infrastructure Design
Manual standard drawing SD265, Typical B Double Vehicle Crossing (Rural
Entrance).
Recommendation 2: That a Type BAR right turn lane treatment be provided at the
Indigo Creek Road / Ryans Access Road Intersection. Please note that
recommendation 2 will also require a widening on the north side of the Indigo Creek
Road and that the entrance into the site from Ryans Access Road will require
substantial works to Ryans Access Road. These works will need to be funded by the
applicant prior to commencement of the proposed use.
Recommendation 3: That the intersection of Indigo Creek Road and Ryans
Access Road be checked with swept path movements for B-Doubles to
demonstrate no conflicts between opposing movements.
If any deficiencies are identified as a result of Recommendation 3, then the
intersection of Indigo Creek Road and Ryans Access Road must be upgraded to
the satisfaction of Indigo Shire Council.
The new access will be sealed, and therefore the short length of Ryans Access
Road to the intersection with Indigo Creek Road will also need to be sealed,
which will also assist with dust suppression.
Recommendation 4: That Ryans Access Road be sealed between the access to
the subject site and Indigo Creek Road to the satisfaction of Indigo Shire Council.
Recommendation 5: That the provision of light vehicle parking shown on the
site plan be increased to 17 parking spaces.
Recommendation 6: That the provision of truck vehicle parking shown on the
site plan changed to cater for B-Doubles, and that swept path movements are
checked to confirm that all heavy vehicles can manoeuvre in a forward direction
when entering and exiting the bays.
The approved use of the subject land is to be carried on within the areas indicated for
such use on the endorsed plans and in accordance with the specifications for
particular activities on the endorsed plans which plans are not to be modified or
altered without the written consent of the Responsible Authority.
Landscaping in accordance with the landscape plan approved as part of the endorsed
plans is to be established within 3 months of the use commencing and maintained to
the satisfaction of the Responsible Authority and trees or bushes planted or indicated
as being retained that die are to be replaced to the satisfaction of the Responsible
Authority;
Except with the consent of the Responsible Authority not more than 15 prime movers
and 15 trailer units (either B double or semi trailers) connected with the business are
to be kept on the land at any one time.
Except with the consent of the Responsible Authority maintenance works on vehicles
Page 37
must only be carried out between 7am and 6pm Monday to Saturday.
6
No panel beating is to be carried out.
No vehicle maintenance or repairs are to be carried out (except in an emergency) on

vehicles or machinery unless it is normally kept, garaged or stored on the land and
owned or controlled by the operator of the land use in connection with the cartage
contractor business.
No washing, maintenance or repair of vehicles unconnected with the land use is to be

carried on upon the land and no such work is to be carried on for payment or reward
although the operator may pay workers or contractors to carry out such work for the
operator on vehicles kept and used for the land use hereby permitted.
The use hereby permitted and the processes carried on, the materials used and
stored, machinery employed and transportation of materials, goods and commodities
to and from the premises must not create a nuisance or cause injury to or
prejudicially affect the amenity of the locality by reason of the appearance of the land
or the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash,
dust, waste water, waste products, grit, oil or the presence of vermin or otherwise.
10
Goods, equipment, machinery, vehicles and the like are not to be stored or left
standing on the road reserve along its length where it fronts the land whether or not
such goods are for sale.
No outdoor advertising signs or other notices or graffiti are to be displayed or allowed
to remain on the road reserve or visible to passing traffic except with the consent of
the Responsible Authority.
All external lights must be limited in intensity and baffled to the satisfaction of the
Responsible Authority so that no nuisance is caused due to direct light or glare
emitted from the site.
The surface of vehicle parking or standing areas are to be compacted or treated to
the satisfaction of the Responsible Authority to suppress the emission of dust beyond
the curtilage of the land.
The external colouring of the walls and roof of the existing shed used in connection
with the land use hereby permitted as they were at the time of the grant of this
permit is not to be changed except with the consent of the Responsible Authority
with any new colour to be subdued colours such as subdued greens, greys or browns
to the satisfaction of the responsible authority.
The vehicle driveway and crossing to the carriageway must be maintained to the
satisfaction of the Responsible Authority.
11
12
13
14
15
16
No public address system or system for amplifying sound is to be operated so as to be

audible beyond the site.
17
The area of the land used or to be utilised in connection with the use hereby
permitted is to be drained to the satisfaction of the Responsible Authority and such
drainage is to be maintained to the satisfaction of the Responsible Authority.
Page 38
1.
2.
3.
4.
5.
6.
7.
Summary
Details of proposal
Basis of recommendation
Relevant Planning Policy
Notification/Referral
Discussion of submissions
Conclusion
SUMMARY
Application
number:
Applicants:
Subject
land:
16-0035
Mr Phil & Mrs Jacki Carter
CA 1 Section 2, Parish of Barnawartha South known as 94 Indigo Creek Road
Indigo Valley
Location Map
Proposal:
The application is for approval to build and operate a cartage contractors depot
at 94 Indigo Creek Road Indigo Valley. For the information of Councillors the
proposed depot would be a similar (although larger) operation to the applicants
current site at 687 Chiltern Barnawartha Road Barnawartha. The applicant has
informed Council that should approval be granted for the new site he will
cease using the Chiltern Barnawartha Road site for his operations.
(NB the permit issued to 687 Chiltern Barnawartha Road does however
remain live)
Page 39
Proposed site plan
Land area:
The total site area (i.e.94 Indigo Creek Road) is 20.46 ha. The area of the site
involved in the proposed use is approximately 2 ha.
Current use: Low intensity grazing with a dwelling on site.
Surrounding The site is bounded by Frying Pan Creek to the west, a grazing property to the
Land use:
south, Indigo Creek Road on the eastern boundary and Ryans Access Road on
the north side. The local area generally is used for rural proposes.
Zoning and The land is zoned Farming. There are no Overlays.
Overlays:
Permit
Trigger:
Clause 35.07 (FZ): Section 2 Use any other use not in Section 1 or 3
See Indigo SC v Carter [204] VCAT 1273
Page 40
DETAILS OF PROPOSAL
Plan is attached (Attachment 1)
The applicant proposes to construct a shed and associated hard stand area to act as a
workshop and parking area for up to 14 truck and trailer combinations.
The anticipated usage (movements to and from the site) is described in the applicants
submission as:
The proposed shed will be constructed of Colorbond and is 20m x 30m in size and is
proposed to be set back 20 metres from the Indigo Creek Road.
Access to the shed/hard stand area was originally proposed directly off the Indigo
Valley Road but following Traffic Engineering Consultant (TEC) advice it is now
proposed that the trucks would turn off the Indigo Valley Road into Ryans Access Road
and then into the property.
The hard stand area will be approximately 8900m in size and be constructed of gravel
(similar to the applicants existing site in Chiltern Barnawartha Road).
BASIS OF RECOMMENDATION
The site is 20.46 ha in size and is currently developed with a dwelling and several small
sheds. The site is basically flat and abuts the Frying Pan Creek at the rear. The site is
currently used for low scale grazing. There is no native vegetation (or indeed any
trees) on the land proposed for use as the depot.
The recent VCAT decision about 687 Chiltern Barnawartha Road provides guidance
about these types of non-farming uses in rural zones.
The land is zoned Farming (as are the surrounding properties) and there are no
Overlays. The objectives of the zone and relevant decision guidelines (from the Indigo
Planning Scheme) are attached (Attachment 2).
Page 41
The Zoning of the land is Farming. To quote from the decision of VCAT in Indigo SC v Carter
(No. 2)
Farming pursuits are to be expected, accepted and tolerated. Such pursuits, even
on smaller allotments, can involve the presence of animals, machinery, farm
work, vehicles and buildings like large sheds that affect amenity, and in particular
residential amenity, that would not be acceptable in residential zones.
Officers believe that the activity on site will, for most of the week, be at a fairly low level
indeed similar to the operation of a large modern farm. Saturday will be the busiest day on
site with all the trucks returning to the depot and maintenance being carried out however
no maintenance will be performed after 7pm or before 6am (conditions applied).
Officers believe that the amount of noise that will be heard offsite during night hours will be
minor and partially offset by the distances to the nearest houses. The closest house is
approximately 250 metres away from the shed and all but one of the 4 closest houses are
closer to the freeway than the proposed shed and parking area.
A condition has been recommended to change the location of the shed so that its closest
side to Ryan Access Road would be approximately 70 metres and its set back from Indigo
Creek Road would be 70 metres.
Map showing 4 closest dwellings
RELEVANT PLANNING POLICY

Planning Scheme Decision Guidelines
The Decision Guidelines (DG) for the Farming Zone are as shown in attachment 2.
Extracting the relevant critical elements from the DG officers believe that the critical tests to
be applied to this proposal are:
Page 42
Capability of the land to support the use

Whether the site is suitable and the proposed use compatible with adjoining uses
Whether the proposal supports/enhances agricultural production
Impact of development on visual impact
Traffic Management measures
Officers comments on these 5 tests are as follows:

Capability The site is large and well able to accommodate drainage. There will be no
removal of native vegetation nor are significant earthworks required.
Site Suitability The location of the site almost adjacent to the Hume Freeway (and
Barnawartha access ramps) would seem to be a logical potential site for a cartage
contractors depot. The proposal is not a transport depot (which would involve the
loading/unloading of freight) but rather is a facility that will be vacant for most of the time.
The site will be at its busiest during daylight hours on Saturday.
Effect on agriculture The proposal will remove up to 2 ha (hard stand, access ways and
landscaping) from the site 20.46 ha. The current use of the site is for low intensity grazing.
The proposed depot use whist obviously not adding to agricultural outputs will not in any
significant measurable way lead to a change in the sites current agricultural output.
Visual impact the proposed use will be highly visible from the Indigo Creek Road and some
surrounding properties. Large sheds and hard stand areas are part of the farming landscape
and may properties have similar large shed complexes. A permit condition has been
imposed to move the shed further away from the east and north boundaries. This will have
the effect of increasing the shed setback from the nearest neighbours and decreasing its
impact on visual amenity..
Traffic Management the TIAR commissioned by Council recommends certain measures.
These have been incorporated into the permit conditions.
NOTIFICATION
The proposal was advertised to neighbours, a notice placed on site and an

advertisement was placed in the local papers. 7 submissions were received and a
Focus Meeting was subsequently held on 31 March 2016 at the Barnawartha Memorial
Hall. 14 local residents attended the meeting. (see Attachment 4 for copies of
objections).
Following the Focus Meeting traffic engineering advice was sought. This material was
later circulated to those residents who had already made a submission.
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DISCUSSION OF SUBMISSIONS
The concerns raised in the submissions can be summarised as:
Safety
Amenity Noise
- Appearance
- Dust
Impact on adjoining land uses
Inappropriate use of farming land
Use should be located in Industrial Zone

The following notes provide more detail on the concerns raised in the submissions. A
commentary on these concerns is also provided.
Inappropriate use of Farm Zoned land (FZ)
Points raised about this matter included:
The proposed development would remove land capable of being used for
farming/food production.
The use is not one that should take place in the Farming Zone.
Commentary
The government, via the Victoria Planning Provisions, has provided for a wide range of non
farming uses to be established in the FZ. Some of these uses require the issue of a permit
others are as of right. It is undoubtedly true that many truck depots are located in
industrial areas however there are also many depot operations already operating in rural
areas including within the Indigo Shire. This proposed operation may be larger than many
others but it is not an illegal or inappropriate use per se in the FZ. Council needs to form a
judgement as to whether this particular proposal is inappropriate.
Impact on adjoining farming uses
One neighbour in particular is concerned that the noise and activity associated with the
arrival/departure/maintenance of the trucks will adversely impact the cattle rearing
operation on his property.
Commentary
It is an extremely common occurrence that neighbours behaviour affects the use of ones
own property. Sometimes these impacts are relatively minor and a landowner has to accept
them; other impacts may be extremely unreasonable or breach regulatory limits e.g.
suburban neighbour playing heavy metal music full bore at 2am. Again a judgement needs
to be formed as to whether the degree of possible impact is unreasonable. Relevant factors
would include: the actual offsite impacts, the nature of adjoining uses, zoning, the nature of
other existing neighbourhood impacts.
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Safety
The main concern about safety was expressed in one submission as:
The Council will have to install a turning lane to our property as the B doubles will just
run over the top of us if they are behind us as they come off the freeway with such
speed.
Concern has also been expressed about:
Trucks pulling out from the site when there is heavy fog in the area;
Whether the Ryans Access Road/Crosses Road intersection is safe;
Whether there is sufficient distance between driveways;
Concern as to whether the safely of the school bus that passes the site would be
affected;
Drivers that speed.
Commentary
In view of these concerns and various comments made at the Focus Meeting an expert
traffic engineering report (from the company Trafficworks who have been previously used by
Council) was commissioned. A full copy of the Traffic Impact Assessment Report (TIAR) is
attached (Attachment 3) and the Executive Summary is reproduced below:
Assessment Report (TIAR) of the proposed cartage contractors depot along the
western boundary of Indigo Creek Road, 400m south of the Barnawartha
interchange of the Hume Freeway.
The primary aim of this assessment is to review proposed access arrangements
from the development to Indigo Creek Road to ensure a safe and functional
environment is provided for all road users whilst minimising the impact on traffic
travelling along the arterial road.
This TIAR outlines the estimated traffic volumes the proposed development may
generate, and assesses the impact of these vehicle movements on the
surrounding road network.
The key findings of this assessment are that:
Sight distance requirements are satisfied at the proposed development

access with Indigo Creek Road.
The proposed access to the subject site should be via Ryans Access Road
and not directly to Indigo Creek Road.
The design of the internal site layout requires updating to provide for BDouble movement and parking.
It has concluded that there are no traffic engineering reasons that would prevent
the development from proceeding, subject to a number of design matters being
addressed as summarised in Section 5 of this TIAR.
Page 45
The report examines issues such as sight distance, trip generation rates, impacts on the
existing road, turn treatments and access arrangements. The consultant has also reviewed
the management of trucks and cars within the site. It should also be noted that the section
of Indigo Creek Road from the Hume Freeway to Plemings Road is currently gazetted for use
by B Double transport. The recommendations from the report are as below
Recommendation 1: That an access be constructed from the subject site to
Ryans Access in accordance with the Indigo Shire Councils Infrastructure Design
Manual standard drawing SD265, Typical B Double Vehicle Crossing (Rural
Entrance).
Recommendation 2: That a Type BAR right turn lane treatment be provided at
the Indigo Creek Road / Ryans Access Road Intersection.
Recommendation 3: That the intersection of Indigo Creek Road and Ryans
Access Road be checked with swept path movements for B-Doubles to
demonstrate no conflicts between opposing movements.
If any deficiencies are identified as a result of Recommendation 3, then the
intersection of Indigo Creek Road and Ryans Access Road must be upgraded to
the satisfaction of Indigo Shire Council.
The new access will be sealed, and therefore the short length of Ryans Access
Road to the intersection with Indigo Creek Road will also need to be sealed, which
will also assist with dust suppression.
Recommendation 4: That Ryans Access Road be sealed between the access to
the subject site and Indigo Creek Road to the satisfaction of Indigo Shire Council.
Recommendation 5: That the provision of light vehicle parking shown on the
site plan be increased to 17 parking spaces.
Recommendation 6: That the provision of truck vehicle parking shown on the
site plan changed to cater for B-Doubles, and that swept path movements are
checked to confirm that all heavy vehicles can manoeuvre in a forward direction
when entering and exiting the bays.
Please note that recommendation 2 will also require a widening on the north side of the
Indigo Creek Road and that the entrance into the site from Ryans Access Road will require
substantial works to Ryans Access Road. These works will need to be funded by the
applicant prior to commencement of the proposed use.
Officers have carefully reviewed the points raised by submitters and requested the
consultant ensure that the proposed access arrangement will comply with all relevant design
and safely requirements. The consultant has explained, in the report at section 3.2, that the
busiest times for access/egress to the site will occur on weekends and that the traffic counts
for the Indigo Creek Road show that the Saturday morning peak (from 7.00am to 8.00am)
has 40 vehicles per hour (20 northbound, 20 southbound). This is approximately a 30%
reduction in traffic volumes compared to the weekday average.
On balance officers believe that the proposed use of the site can, with the amendments as
recommended in the TIAR, provide a safe entry and exit arrangement.
Page 46
Amenity
Officers believe that the bulk of the concerns raised by objectors relate to the general
question of amenity i.e. they believe that the proposed use will have an adverse effect on
the level of enjoyment that they have on their properties.
Amenity is obviously a subjective concept but most people could probably agree on a list of
events that would be considered as having an adverse effect on their amenity e.g.
Being woken at night by loud truck noises
Significant amounts of dust drifting over your property
Invasion of privacy by constant activities on the boundaries of your property
Overshadowing
A change in the landscape from rural to industrial

and of course there are many other ways that a loss of amenity is experienced
The submitters have raised a number of specific concerns about the amenity impact of the
proposed operation:
Noise from trucks arriving and departing
Noise from drivers arriving to start work
Noise from servicing activities on site
Noise from the owners dog
Appearance of the shed and the hard stand area (the objectors have said that the site
will ruin an entry to the picturesque Indigo Valley
The reversing beeper noise
Inconsiderate, loud, badly behaved drivers
Noise from exhaust brakes
Noise from changing/hooking up trailers

Commentary
The following comments are provided in response to the above concerns:
The zoning of the land is Farming and large sheds/hard stand and trucks are a
normal/standard part of modern farming practices.
The site and the surrounding area is not covered by any form of planning scheme
control that references landscape appearance as being of particular importance.
There will undoubtedly be noise from the various operations on site however it is a
question of judgement as to whether they would amount to an unreasonable amount.
The site is within approximately 600 metres of the Hume Freeway. Several of the
objectors properties are indeed closer to the freeway than the subject site. Officers do
not believe that the use of the site will cause any significant increase in the general
truck noise that is already present in the area.
Based on the information provided by the applicant it is projected that there would only be 2
vehicles leaving the site between midnight and 6am Monday to Friday with none leaving the
site at these times during the weekend.
Page 47
Officers believe that the noise created by vehicle movements during the day will be an
insignificant increase on the background noise and that the total number of movements
between 6pm to 6am are extremely low. Similar activities might be expected on a large
modern farm.
CONCLUSION
This proposal has provoked significant local concern and opposition. This is understandable
as everything about the scale of the proposal is large the shed size, the hard stand area,
the vehicles themselves and the scale of the operation.
The objectors have focussed their submissions on 3 themes:
Is the use appropriate for the site
Is the proposal safe
The effect of the proposal on the local area

Officers believe that the recent VCAT decision about 687 Chiltern Barnawartha Road
provides guidance about these types of non-farming uses in rural zones. The physical form
of the development will not be dissimilar to a large modern farm and whilst it will be
different from the sites current appearance it is a use/development permissible in the zone.
The TIAR commissioned by Council has made various recommendations which will have a
cost impact on the applicant that will ensure that the proposed access arrangements meet
relevant standards and are as safe as is reasonably possible.
The development will have some noise impact on the neighbourhood but officers think that
this will be of minor impact particularly after usual working hours.
The recommended conditions increase the setbacks by 3-4 times more than the applicant
has proposed. This will help decrease the visual impact of the shed and surrounding hard
stand area and increases the distance between the shed and the 4 closest houses.
In summary officers have recommended approval, subject to conditions because:
Logical location for the proposed use
Minor impact on adjoining properties
Any safety issues addressed by conditions
Relatively minor impact on noise levels in local area given proximity to Hume Freeway.
NB. All parties are advised that the recommendation on this application has been made
independently of any consideration about the future use of the applicants current operation
at 687 Chiltern Barnawartha Road, Barnawartha.
The permit issued for 687 Chiltern Barnawartha Road is live and could be utilised by
another operator should the current owners sell (or lease) the property.
Attachments
1.View Proposed Site Plan
2.View Clause 35.07 - Farming Zone
3.View Trafficworks TIAR
4.View Objections (excluded from agenda)
(Confidential)
Page 48
Page 49
11.3 REQUEST TO REMOVE HERITAGE OVERLAY, 236 MAIN STREET RUTHERGLEN.

File No: 2016/340
Kath Oswald - Town Planner
For Decision
RECOMMENDATION
That Council not support the request to remove the Heritage overlay from 236 Main Street,
and advise the landowners.
INTRODUCTION
A request has been received from the landowners of 236 Main Street Rutherglen to remove
the Heritage Overlay from the property on the basis that they believed it made selling the
property difficult.
This would require an amendment to the Indigo Planning Scheme, which in turn would
require the support of Council. The request was referred to Councils Heritage Advisor who
advised that there is no strategic basis for the removal of the Heritage Overlay as the
dwelling on the property remains of local cultural heritage significance. As such, it is
recommended the request not be supported in this instance.
BACKGROUND
Following an extensive consultation process, Indigo Planning Scheme Amendment C45
introduced the Heritage Overlay to over 400 properties in the Indigo Shire in 2008. This was
based on the recommendations of the Indigo Shire Heritage Study (2002), which examined
over 1200 sites across the Shire and assessed whether they met the threshold for local
heritage significance.
The owners of 236 Main Street were involved in the amendment process, including making a
submission and having the property re-inspected to ensure it still demonstrated the heritage
values identified in the Heritage Study. It was concluded that despite the dwelling having
had minor internal and external alterations and renovations over time, it still made a
positive contribution to the streetscape and was a good representative example of its
period. As such, it remained in the Heritage Overly (HO626). The inventory sheet from the
Heritage Study is included as Attachment 1.
DISCUSSION
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Location map
The dwelling situated at 236 Main Street Rutherglen is considered to be a good example of a
miners cottage associated with gold mining and the development of Rutherglen. Its facade
is largely intact, with modern works being confined to the interior, associated with the use of
the dwelling for tourist accommodation. The Heritage Advisors report is included as
Attachment 2.
The dwelling is of local heritage significance only, and internal alteration controls do not
apply in this instance, therefore approval was not required for internal works. The heritage
controls are concerned with the contribution the building makes to the streetscape, along
with its association with gold mining in the area.
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The landowner asserts that the Heritage Overlay is causing difficulty in selling the property.
Such an assertion is difficult to quantify but notwithstanding such a claim, the considered
view of the Heritage Advisor is that the property is appropriately affected by the Heritage
Overlay, and that the lack of any strategic basis for a change would unlikely receive support
from an independent panel associated with a Planning Scheme amendment.
CONCLUSION
It is not considered that the significance of the site has altered since its original inclusion in
the Heritage Overlay in 2008, and as such it is recommended that Council advise the
landowner that their request to remove the property from the Heritage Overlay is not
supported.
Attachments
1.View 236 Main St inventory sheet
2.View Heritage Advisor's response
Page 52
11.4 RUTHERGLEN RURAL LIVING STRATEGY

File No: 2016/345
Travis Basham - Team Leader Planning
For Decision
RECOMMENDATION
That Council:
1.
Receive and endorse the recommendations of the Rutherglen Rural Living Study April
2016.
2.
Resolve to request authorisation from the Minister for Planning to commence with
the preparation of Indigo Planning Scheme Amendment C68 to rezone the area to the
south of Rutherglen from Farming Zone to Rural Activity Zone and introduce the
requisite Schedules to the Rural Activity Zone and changes to the MSS and Local
Policy as per the Rutherglen Rural Living Study April 2016.
3.
Resolve to request authorisation from the Minister for Planning to commence with
the preparation of Indigo Planning Scheme Amendment C73 to rezone the area to the
north of Rutherglen from Farming Zone to Rural Activity Zone and from Farming Zone
to Low Density Residential Zone as per the Rutherglen Rural Living Study April 2016.
4.
Pending the outcome of the request for authorisation to commence with the
preparation of Amendments C68 and C73; Council resolve to commence with the
preparation and exhibition of Indigo Planning Scheme Amendments C68 and C73.
SUMMARY
A Rural Land Use Strategy was received by Council in August 2011. One of the
recommendations was that a Rural Living Zone area be provided at Rutherglen.
Council commissioned a further study to provide the necessary strategic justification and
supporting information to facilitate Council pursuing a planning scheme amendment to
rezone land at Rutherglen from Farming Zone to Rural Living Zone.
The first phase of the Rutherglen Rural Living Study received found that:
There is insufficient demand for specific Rural Living Zone land at Rutherglen.
Part of the land areas to the north and south of Rutherglen are used in a manner more
reflective of the Rural Activity Zone.
There is capacity in these areas to take up the minimal demand for Rural Living type
development.
Rezoning of these areas to reflect existing development will also deal with the small
demand for rural living and small hobby farming in the Rutherglen area and will take
the pressure off existing commercially productive Farming Zone land.
Page 53
Phase one of the Rutherglen Rural Living Study (the Study) recommended application of the
Rural Activity Zone to areas north and south of Rutherglen with varying Schedules to guide
the future pattern and density of development.
The Rural Activity Zone maintains that the main use of the land should be dedicated to
agriculture and farming, but does allow for a range of uses (subject to permits) that would
not necessarily be possible within the Farming Zone or Rural Living Zone. These include,
homestay, dependent living, farm gate sales, and a range of other uses.
The Rural Activity Zone also has a number of Schedules associated with it. These schedules
relate to minimum lot sizes as a result of any sub-division. Schedule 1 requires lot size
minimum of 5ha, Schedule 2 requires 12ha, and Schedule 3 requires 20ha minimum lot size.
The Study was made available for comment and submissions in early 2015. 26 submissions
were received with all but one relating to the area north of Rutherglen. The submission
made in relation to the southern area supports the proposed changes, while the submissions
made in relation to the northern area widely vary in opinion as to both the area and nature
of the proposed changes.
Taking into account the submissions, the Study has altered and in its final form is presented
with revised recommendations. The Study has partly abandoned implementing the findings
of the earlier Rutherglen Residential Lands Study 2005 and has altered the boundaries and
recommendations for the area north of Rutherglen. The Study recommends proceeding with
an amendment to rezone the identified area to the south of Rutherglen as proposed in
phase one of the Study and as per the original brief, has provided draft changes to the
Planning Scheme.
Given the tension and unresolved position in relation to the area north of Rutherglen, it is
recommended that the matter progress as two separate proposals; one addressing the
southern area and one addressing the northern area. Given feedback received to date, a
planning scheme amendment to rezone the area south of Rutherglen as proposed would be
anticipated to proceed as a matter of course.
Page 54
Proposed changes to the area south of Rutherglen. Application of the Rural Activity Zone (Schedules 1, 2 & 3).
Proposals for change in the area north of Rutherglen could proceed with further informal
consultation or as a separate Planning Scheme Amendment where a Planning Panel would
likely be required to help resolve the exact form that any change would take. The
recommendation to proceed to Planning Scheme Amendment will allow for the varying, and
sometime opposite views to be formally received and tested by an independent panel.
Proposed changes to the area north of Rutherglen. Extension of the Low Density Residential Zone and
application of the Rural Activity Zone (Schedule 2)
Page 55
BACKGROUND
Rutherglen is a nationally recognized wine growing area on the Murray Valley Highway,
45km from the regional centre of Albury-Wodonga and a similar distance from Wangaratta
making it attractive to commuters in search of a rural lifestyle whilst working in these larger
settlements. It has a population of 2,125 (2011 Census) and its attraction for tourists is
centred principally around many of the large wineries of the district. The township is
predominantly zoned residential with a direct transition to Farming Zone on the town
boundaries. Small areas of LDRZ land are provided but there is not RLZ land adjacent to the
township.
A Rural Land Use Strategy received by Council in August 2011 identified that recent growth
in Indigo Shire has resulted in the fragmentation of farming land and increased dwelling
approvals on Farming Zone land. A key strategic direction identified in the Rural Land Use
Strategy is that in order to provide for the sustainable growth of the Indigo Shire, new
residential dwellings should generally be located within the existing townships and areas
which are well serviced and provide sufficient community facilities and open space for
residents to live comfortably.
Findings of the Rural Land Use Strategy in relation to the use of rural land acknowledge that
Indigo Shires rural areas are used for a wide range of agricultural purposes, and agricultural
production is the major contributor to the economy of the Shire. This is closely followed by
tourism, which is strongly linked to agriculture in its capacity for production as well as its
landscape and biodiversity values.
Given the importance of this finite resource to the economic well-being of the Shire, it is
important to manage the range of pressures affecting it to enhance and protect its on-going
use while ensuring its continued growth and diversification. Apart from crown land, rural
areas hold the majority of biodiversity assets of the Shire and, as such, care must be also
taken to manage this relationship.
Of particular importance is the pressure to use rural land for dwelling purposes where the
dwelling is not linked directly to the use of the land for agricultural purposes. The potential
adverse impacts of unplanned rural living on agriculture, tourism, landscapes, ecological
values and the efficiency of infrastructure and service provision is a key issue for the Shire.
The Rural Land Use Strategy was carried out over a period of three and a half years, was
funded jointly by Council and DPCD and was designed broadly to investigate rural planning
issues in Indigo Shire and to make recommendations for changes to the planning scheme
that would address the identified issues.
The outcomes of the Rural Land Use Strategy determined a need to identify land appropriate
for rural living at Rutherglen and to accordingly review the land use planning controls to
facilitate planned rural living opportunities and protect agricultural land.
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RUTHERGLEN RURAL LIVING STUDY

Council engaged the services of consultants to complete the review process. The purpose of
this project was to:
Investigate the demand, area and location for dedicated Rural Living Zone land
adjacent to the Rutherglen township taking into account past strategic work (Rural
Land Use Strategy and the Rutherglen Residential Lands Study, October 2005);
If there is a demand, present to Council a factual report on the recommended location

for new RLZ land in and around the township to accommodate land supply
requirements for the next 15 years, and;
Provide requisite zone and overlay schedules required to support the amendment.
This will include a response to Ministerial Direction #6 and updates or new local
planning policy framework to articulate a clear settlement strategy to consolidate
residential use in the townships and areas zoned for rural residential purposes.
The attached Rural Living Study outlines the research and investigation into the market
demand in the Rutherglen area for dedicated Rural Living Zone land, having regard to
population growth and the Rural Land Use Strategy 2009 and the Rutherglen Residential
Lands Study, October 2005.
The Study establishes location selection criteria for Rural Living land and considers the
amount of available land generally meeting the criteria cross referenced with market
demand. An analysis of land suitability is based on land use proximities and compatibilities,
accessibility, serviceability and anticipated 15 year demand.
The existing and anticipated township growth of Rutherglen, the environmental values and
constraints, the agricultural and viticultural importance and the intrinsic heritage and
landscape values of the town and surrounding locations are also considered.
It is noted that the issue of the Rutherglen Bypass has not been canvassed, as despite
investigative work having been done, there is no Council resolution on the matter and no
planning elements have been confirmed.
The Study notes that Rutherglen Township is in essence contained on a small hilltop and
ridgeline rising out of a generally flat to very lightly undulating broader environment. This
constitutes a very significant component of the Rutherglen character, particularly as
perceived from the major road approaches on the Murray Valley Highway and therefore as
affects the majority of tourists visiting Rutherglen.
Any development of a rural living nature within the areas below the hill comprising the
urban area and particularly on the Murray Valley Highway approaches would be undesirable
and would detract from the valuable character and attractiveness to the tourists who are
important to the local economy. In essence it would be inappropriate to establish a sea of
hobby farms on the major approaches or within the lower flatter rural areas.
Page 57
Furthermore creation of a sea of rural living lots surrounding the township would severely
limit urban density growth and would release the natural boundary constraint on rural living
encroachment into farming areas with the commensurate adverse impacts on farming.
In order to avoid the adverse impacts on the valued character and landscape and the
detrimental effects of advancement of rural living activity into the farming areas, it is
important that strategy adopted directs rural living and hobby farm growth into those areas
north and south of the township which is within the rising land form and not on the major
road approaches.
The principle conclusions of the Rural Living Study are:
That there is insufficient demand for specific Rural Living Zone land at Rutherglen;
That the existing development pattern and land use on the northern and southern
periphery of Rutherglen is not reflected by current zoning.
That part of the land areas to the north and south of Rutherglen are used in a manner
more reflective of the Rural Activity Zone and the cadastral pattern supports that
recognition of use.
That there is adequate undeveloped existing Lots and Lot capacity in the areas
reflective of Rural Activity Zone use to enable development that would take up the
minimal demand for Rural Living development and provide for Rural Living uses well
into the 15 year planning horizon and possibly beyond.
Rezoning of the inappropriate Farming Zone land will also deal with the small demand
for rural living and small hobby farming in the Rutherglen area and will take the
pressure off existing commercially productive Farming Zone land.
Establishment of a Rural Activity Zone (RAZ) will offer the widest range of options with the
least potential for infrastructure and development cost demands on Council. RAZ offers a
dispersed method of meeting the small demand and offers a wider choice of locations within
the identified RAZ area for market demand to be taken up. Lower concentration of
development will result in less impact upon and demand for upgrade of Council roads.
Public consultation has resulted in general acceptance of the recommendations of the Study
in respect to the area south of Rutherglen and implementation as recommended should
proceed as a matter of course. The proposed changes in zoning and policy in respect to the
southern area should proceed to the seeking of Ministerial authorisation for preparation of a
planning scheme amendment.
This amendment should be prepared as a separate proposal to any amendment in respect to
the northern area of interest which should be dealt with under its own amendment with
changes made in consideration of submissions received. Discussion and consideration of the
submissions and details of the recommended changes are addressed in detail in the
attached Study.
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Having regard to the Study and the range of land use and development controls available
within the Victorian Planning Provisions it is considered that the recommended Zones,
Schedules and changes to the MSS and Local Policy as outlined in the attached Study are
appropriate and should be endorsed.
THE AMENDMENT PROCESS
Before an amendment can be prepared it must be authorised by the Minister for Planning.
An amendment to the Planning Scheme involves consultation with all the parties who may
have an interest in the amendment, or may be affected by it. Usually, an amendment is
placed on public exhibition for at least one month.
If there are submissions which cannot be resolved by the planning authority (Council), if the
proposed amendment is to proceed, the Minister for Planning will appoint an independent
panel to consider submissions. When it receives the report from the panel, Council must
either adopt the amendment, abandon the amendment or adopt the amendment with
changes.
An amendment becomes part of the Planning Scheme when it is approved by the Minister
and notice is given in the Victoria Government Gazette.
KEY IMPLICATIONS
The introduction of the Rural Activity Zone in the manner proposed to land around
Rutherglen represents a shift in strategic direction from Councils Municipal Strategic
Statement but offers not only the opportunity for this form of development around
Rutherglen, but also the ability to articulate a clearer settlement strategy and remove some
of the tension and confusion between developing small rural allotments with dwellings and
the continued use of land for agriculture. This is a clear objective of Planning in Victoria and
goal of Policy at Clause 21.05-9 of the Planning Scheme. It is also identified in the Rural Land
Use Strategy Implementation Plan and the last Planning Scheme Review as necessary
actions.
To implement the recommendations formal planning scheme amendments are required.
This process provides for a further public consultation process and incurs administrative and
Panel costs.
RISK MANAGEMENT
It is often difficult to discuss rezoning proposals without creating inappropriate expectations.
It is clear from the consultation to date that there is a wide variation in opinions as to what
the appropriate outcome should be in the area north of Rutherglen. It is also clear that there
has been a relatively high degree of speculation in this area since the Rural Land Use
Strategy in 2009, as witnessed by a number of recent Permit applications in this area. Many
of which are now the subject of review by appeals at the Victorian Civil and Administrative
Page 59
Tribunal which also indicates that there is still a high degree of policy tension and confusion
in the Planning Scheme.
Part of effective risk management in this sense is to proceed with amendments to the
Planning Scheme to make it clearer and remove policy tension and confusion.
COUNCIL PLAN
The 2013/14 review of the Indigo Planning Scheme has identified that the implementation of
the outcomes from the Rural Land Use Strategy are still relevant and required strategic
actions. Implementing the recommendations of the Rutherglen Rural Living Study will assist
with the achievement of the strategy to ensure Councils development services controls
reflect the Councils view of a sustainable Indigo Shire as set out in the Council Plan at 4.10
and corresponds with the key actions at 4.10.4 to implement the outcomes of the
Rutherglen Rural Living Study and 4.10.7 of implementing the Council approved findings
from the review of the Indigo Planning Scheme.
CONSULTATION
To implement the recommendations of the Study formal planning scheme amendments are
required. An amendment to the Planning Scheme involves consultation with all the parties
who may have an interest in the amendment, or may be affected by it. Usually, an
amendment is placed on public exhibition for at least one month and may also result in a
further Panel process.
CONCLUSION
Establishment of a Rural Activity Zone (RAZ) will offer the widest range of options with the
least potential for infrastructure and development cost demands on Council. RAZ offers a
dispersed method of meeting the small demand and offers a wider choice of locations within
the identified RAZ area for market demand to be taken up. Lower concentration of
development will result in less impact upon and demand for upgrade of Council roads.
Public consultation has resulted in general acceptance of the recommendations of the Study
in respect to the area south of Rutherglen and implementation as recommended should
proceed as a matter of course. The proposed changes in zoning and policy in respect to the
southern area should proceed to the seeking of Ministerial authorisation for preparation of a
planning scheme amendment.
This amendment should be prepared as a separate proposal to any amendment in respect to
the northern area of interest which should be dealt with under its own amendment with
changes made in consideration of submissions received. Discussion and consideration of the
submissions and details of the recommended changes are addressed in detail in the
attached Study.
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Having regard to the Study and the range of land use and development controls available
within the Victorian Planning Provisions it is considered that the recommended Zones,
Schedules and changes to the MSS and Local Policy as outlined in the attached Study are
appropriate and should be endorsed.
Attachments
1.View Rutherglen Rural Living Study - Final report
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11.5 CUE SPRINGS WATER EXTRACTION MONTHLY MONITORING REPORT

File No: 2016/363
Mark Florence - Director
For Decision
RECOMMENDATION
That Council notes the Cue Springs Water Extraction facility monitoring report
content and the action undertaken where required.
INTRODUCTION
Council resolved at the March 2016 meeting that a monthly report on the operations and
compliance to planning permit conditions of the Cue Springs Water Extraction facility be
provided at each Council meeting.
The following table provides the latest update for the month of May.
Cue Springs Water Extraction Monthly Compliance Report
DATE
April 2016
May 2016
COMMENTS/
ACTIONS
Under construction
Final inspection
before operations
commence
Construction
Compliant. No issues Council to be advised
completed.
reported
when operations are
Approvals finalised.
to commence
Not operating yet.
FACILITY STATUS
COMPLIANCE
STATUS
Compliant. No issues
Council also resolved to seek information from Goulburn Murray Water on two matters.
What is the GMW process to monitor and assess the adherence to permit conditions
that control the amount of water extracted from the facility?
What is the GMW process/threshold for restricting extraction rates from the facility
in the event of prolonged dry conditions?
The response from GMW is available at Appendix 1.
CONCLUSION
The Cue Springs facility is not operating yet and Council is satisfied that all construction
elements and associated permit conditions have been met.
Attachments
1.View Appendix 1
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11.6 COMMUNITY ENGAGEMENT PLAN

File No: 2016/319
For Decision
RECOMMENDATION
1.
That Council adopts the Community Engagement Policy and Community Engagement
Plan.
INTRODUCTION
The attached Community Engagement Policy and Community Engagement Plan are
presented to Council for formal adoption.
BACKGROUND
Indigo Shire prides itself on being proactive in engaging with the community, although there
have been examples in the recent past when Council has been criticised for its failure to
engage appropriately. Council has a number of initiatives it currently uses to engage,
including reference groups, public meetings, social media, website, Indigo Informer, and
community forums.
The current Council Plan discusses the need to increase engagement and community
participation in having a say on council decisions and their priorities specifically in the
following two actions:
1.7 Continue to strengthen community engagement in Council planning and decision

making
1.9 Use information technology to foster communications and consultation

opportunities
As the attached policy states, community engagement plays an important role in local
government as it helps to enhance the democratic process by increasing the likelihood that
Councils decisions are understood and reflect broader community needs and aspirations.
Community Engagement is complimented by the Council Communication Policy and
Communication Plan.
While community engagement is not mandated in all cases, in some matters Council is
bound by legislation to engage with the community, including:
Local Government Act 1989
Planning and Environment Act 1987

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Public Health and Wellbeing Act 2008
Road Management Act 2004
Social media engagement
While these Acts stipulate required community engagement in certain circumstances,

Council is not prevented from carrying out further community engagement where local
sensitivities or project complexities merit additional effort and should do so in line with best
practice.
The council has recognised the need to enhance its community engagement and improve
practices through the Council Plan actions, and the attached documents meet that action.
They include:
A Community Engagement Policy to clearly demonstrate the Councils commitment to

consultation as best practice;
A Community Engagement Plan to give staff a strategic approach to consultation as

well as help staff identity the different levels of engagement which can be conducted;
The two principal documents will be supported by Procedural Guidelines to give staff the
skills to identify engagement opportunities and to conduct activities which are inclusive and
informative.
The documents are predominantly based on the internationally recognised standards for
Community Engagement known as IEAP2, and is also drawn from a number of examples
across other councils to provide some clarity and purpose to the importance of community
engagement, and how various levels of engagement can be or should be considered.
KEY IMPLICATIONS
The main implications of the documents are:
Council has the opportunity to consider the input of a wide range of community
members before making decisions;
Community members are given the opportunity to contribute to the planning and
development process.
A standard process for community engagement has been identified and can be
established;
The consultation process can be implemented by Shire staff and external consultants
employed by the Shire;
Inclusive and efficient consultation is undertaken at all times;
The community is kept informed of decisions emanating from community

engagement.
The policy, if adopted by the council, would be a public commitment of the Councils
intentions with consultation.
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RISK MANAGEMENT
Council must seek to find a balance between not engaging and responding appropriately,
and being seen to respond unnecessarily to the views of a minority position. Achieving that
balance can be difficult and by not adopting a balanced position, can contribute to
reputation damage and poor consideration by the community.
That risk and others will be mitigated by the benefits derived from the Plan which include:
Committing the Council to being open and accountable;
Assisting the Council to plan services that better meet community needs;
Enabling Council to prioritise services and make better use of resources
Allowing a broader range of views to be expressed and more information to be

assembled prior to making decisions;
Seeing the Council and the community working together to achieve balanced
decisions;
Offering opportunities for the community to contribute to and influence outcomes

which directly affect their lives;
Ensuring an open and familiar process which becomes easier for community members
to participate in.
It is not anticipated that the implementation of the Plan will generate any additional
expenditure.
POLICY IMPLICATIONS
Council Plan
This Community Engagement Plan will assist with the achievement of the key strategic
objective Leadership of Our People, as set out in the Council Plan 2013-2017, specifically by
contributing to fostering community involvement in Council decision-making.
If the policy is adopted by the Council, it will be a public commitment of the way in which
engagement must be done when there is an issue which impacts the community and its
residents.
COMMUNICATION
The associated documents are internally focused on behavioural change and clarity for staff
when implementing various actions and projects, which reflect the commitment of Council
to community inclusion and engagement.
The potential adoption of the documents by Council provides a fundamental demonstration
of the importance of appropriate community engagement to the effective operations of
Council and its activities.
Page 65
It is also important to note that the tools of the Communications unit play a pivotal role in
promoting community engagement and this has been reflected in the documents and, in
particular, the guidelines as there will be significant need for the activities to be supported in
engagement.
To get the most benefit from the documents, there also may be the need to train key staff
on engagement to ensure they have the skills and broader understanding to support the
Councils commitment to the community.
CONCLUSION
The Community Engagement Policy and Plan documents provide a clear guide to the
community about the Councils approach to engagement, as well as assists staff on the
approach they need to take.
Attachments
1.View Community Engagement Draft policy 2016
2.View Community Engagement Draft plan
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11.7 TIMOR LESTE FELLOWSHIP PROGRAM

File No: 2016/342
For Decision
RECOMMENDATION
That Council supports being a participant in the Local Government Victoria sponsored
Timor Leste Fellowship Program by hosting an exchange of Timor Leste officers in financial
year 2016-2017.
BACKGROUND
Timor Leste is slowly progressing to achieve its goal of implementing a local government
model across its provinces. The Australian Federal Government and Victorian Government
continue to support this goal through a range of programs.
Council has an existing commitment to Timor Leste through the work and efforts of the
Atauro Island Friendship Committee. Council has also participated in the most recent
Fellowship Program and exchange across 2012/2013. Two Timor Leste Community
Development officers spent three weeks with Council learning about local government
operations and governance structures, and developing projects to work on when back in
Timor Leste.
Since then, Council has signed a Municipal Co-operation Agreement with the Timor Leste
Ministry of State Administration which commits Council to supporting programs and
development opportunities where possible, particularly for the province of Dili, which
includes Atauro Island.
A Department Foreign Affairs and Trade Fellowship funding application for a new work
placement program involving councils that have Municipal Co-operation Agreements is
being developed by LGV, and with Abilio Caetano from the Timor Leste Ministry of State
Administration.
LGV is seeking in-principle support to host a placement, based on the key details outlined
below. The Indigo Atauro Island Friendship Committee is very supportive of this opportunity.
Focus and participants
Supporting corporate services skills of municipal administrations
One participant from each Timor-Leste municipal administration
Half of the participants to be female (in line with DFAT and Government of Timor-Leste
priorities)
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Three weeks duration:

o
a few days as a group for orientation with LGV
two weeks placed in councils, focussed on development needs of individual

participants
a few days as a group for debriefing with LGV, including discussing what
participants have learned and how they can act on these learnings
Placements
Placements will be aligned with the Municipal Cooperation Agreements - this will help
to build relationships between municipalities.
LGV is seeking advice on whether participants would be comfortable in being placed in

councils by them, or if they would feel better supported by completing placements in
pairs.
If the latter is preferred, LGV would ask councils to share two participants for a week
each (for example, the participants from Cova Lima and Lautem might do their
placements together, spending one week at Port Phillip and one week at Mornington
Peninsula).
Timing
No sooner than September 2016, no later than June 2017 (DFAT program
requirements).
A key factor will be English language ability 2016 is possible but if participants need
time for language study it may be more realistic to host in 2017.
With this in mind, LGV are seeking advice on preferred timing from the Timor Leste
Ministry of State Administration
KEY IMPLICATIONS
Participation in the Fellowship Program would positively:
Strengthen links with the Dili and Atauro Island province, Council, and the Indigo
Atauro Island Friendship Committee
Contribute to development of Timor Leste officers and Council staff
Promote Council as a good outward thinking community organisation
Demonstrate commitment to the Municipal Co-operation Agreement
Page 68
Participation in the Fellowship program could:
Place demands on Council officers
Divert officers and units from core responsibilities
Incur hidden costs staff time
RISK MANAGEMENT
The experience of the previous Fellowship Program revealed that there were minimal risks
associated with being part of the program.
Timor Leste officers were accommodated within the community
Hosts received weekly payment through LGVTL and Timor Leste officers received
weekly payment through LGV no cost to Council
Council business units only had maximum of half a day with the officers
Council officers embraced the opportunity to be involved
At this stage there are no financial implications for Council. Any future financial costs will be
absorbed into current operational budgets.
COMMUNICATION
Any communication to Council staff and the community can be implemented once the
Fellowship Program is confirmed and details of Councils possible participation is known.
CONCLUSION
The Fellowship Program conducted in 2012/13 which Indigo Council participated in was a
beneficial experience at many levels. As a signatory to the Municipal Co-operation
Agreement, it is recommended that Council consider the request for participation in the
proposed Fellowship Program favourably.
Attachments
Nil
Page 69
12.
INFRASTRUCTURE SERVICES
12.1 MEMORIALISATION
File No: 2016/338
Paul McLachlan - Acting Manager Assets &
Property
Infrastructure Services
For Decision
RECOMMENDATION
1.
2.
3.
That the historic timber footbridge at the south western corner of Lake Anderson in
Chiltern, which is currently being rebuilt, be named after Mr Rex Fuge OAM.
That a component of the Rutherglen Economic Revitalisation Project be named in
honour of Cr Don Chambers OAM and that a further report be presented at a later
time for Council to confirm the specific details.
That Council note that arrangements are underway to place a memorial seat at the
Rutherglen Gold Battery in honour of Cr Don and Margaret Chambers.
INTRODUCTION
This report is to present to Council the case for honouring two of Indigo Shire Councils
prominent statesmen who have recently passed away, and to recognise their contribution to
Indigo Shire through the naming of significant places after each.
BACKGROUND
The proposal to honour the late Rex Fuge OAM and the late Cr Don Chambers OAM is based
on their significant contribution to Indigo Shire and the wellbeing of the community over
many decades.
Mr Fuge, who was born in Chiltern and lived much of his life on the family farm at
Cornishtown before moving into Chiltern, has been recognised for his tireless efforts as a
devotee of local history, his stewardship of the Chiltern Athenaeum, a community member
and earlier in his life, as a Councillor and Mayor of Chiltern Shire. He was a proud guardian
of Chilterns history with the Chiltern Athenaeum the centre piece of his interest, leading the
institution for the last 35 years as president.
Cr Chambers has been recognised for his contribution as a Councillor, former Mayor of
Indigo Shire, environmentalist, historian, sportsman and advocate for the Rutherglen
community and region. Cr Chambers was a fourth-term Councillor, first elected in 1997. He
was Mayor in 1999 and 2000. He served Council and the community with great
determination, fairness, commitment and energy over two decades. He was extremely well
connected regionally and at State and Federal Government level.
Page 70
KEY IMPLICATIONS
Under the Geographic Place Names Act 1998, Council is a Naming Authority and required to
resolve all geographic place names in the municipality, with the exception of geographic
places of state or national significance.
Councils Place Naming Policy identifies the Guidelines for Geographic Names 2010
publication from the State Government as the principle reference document in relation to
place naming. The proposals in this report meet the requirements of these guidelines.
In adopting the Place Naming Policy at its ordinary meeting of 19 March 2013, Council
resolved that the Indigo Economic Development and Tourism Advisory Committee would
assist Council with the determination of names.
In this situation, rather than having to identify an appropriate name, Council is seeking to
memorialise two people. While it was not considered necessary to refer this to the Indigo
Economic Development and Tourism Advisory Committee formally, in order to comply with
the policy, an informal request for feedback from the Committee was made, and the
response was supportive.
Communications Mr Rex Fuge
The proposal to name the new footbridge at Chilterns Lake Anderson has come from the
community and the Chiltern Athenaeum. The consultation for this proposal has been to
contact the immediate family to confirm their support. Contact has been made with both
Mary and Warren Fuge (wife and son of Rex). Their formal reply in support of this proposal
was received on 8 May 2016.
Communication was made with the Chiltern Athenaeum on 6 May 2016, as they originally
proposed the possible naming of the Lake Anderson Footbridge after Mr Fuge. The Chiltern
Athenaeum responded on 9 May 2016 also confirming their support.
It is proposed, in consultation with the Fuge family, to have an appropriately worded plaque
placed adjacent to the bridge.
Communications Cr Don Chambers
The Chambers family has been contacted by the Chief Executive Officer in relation to the
memorial seat in honour of Cr Don and Margaret Chambers and the intention to name a
component of the Rutherglen Economic Revitalisation Project after Don Chambers, and they
have expressed their support for the proposal.
The Chambers family has determined appropriate wording for a plaque which will be placed
to accompany the memorial seat.
RISK MANAGEMENT
Under the Geographic Place Names Act 1998, Council is a Naming Authority and required to
resolve all geographic place names in the municipality, with the exception of geographic
places of state or national significance. The Policy and Procedure has been complied in
respect to this place naming proposal.
Page 71
There are minimal cost implications with the recommendations provided in this report which
will be covered by existing operational budgets.
Council plan
This proposal will assist with the achievement of the key strategic objective 4.4 Support and
Promote Volunteers and Community Groups as set out in the Council Plan 2013-2017,
specifically by contributing to strategic action 4.4.3 Recognising and celebrating the diversity
of our volunteers.
CONCLUSION
Councils position as the Naming Authority for the municipality provides the opportunity
from time to time to formally recognise the contributions of those who have had a major
influence on public life in their communities and the region.
With the passing of Rex Fuge and Cr Don Chambers, Council is presented with this proposal
to memorialise these two figures by naming prominent features in their honour.
Attachments
Nil
Page 72
12.2 MUNICIPAL EMERGENCY MANAGEMENT REPORT UPDATE

File No: 2016/351
Mark Greene - Civil Works & Waste
Management Coordinator
Infrastructure Services
For Decision
RECOMMENDATION
That Council endorses the latest version of its Municipal Emergency Management Plan
dated 14 April 2016, to comply with auditing requirements of the plan.
INTRODUCTION
The purpose of this report is to seek Councils endorsement of its Municipal Emergency
Management Plan (MEMP) in preparation for the upcoming three-yearly MEMP audit.
BACKGROUND
Council is required by s20(1) of the Emergency Management Act 1986 (the Act) to prepare
and maintain a Municipal Emergency Management Plan. The MEMP is the overarching
emergency management plan for the municipal district and provides information to
emergency services, other organisations and the community on how risks will be dealt with
and the management arrangements for emergencies and to promote community safety. The
plan identifies what hazards are likely to impact the municipal district, what steps are to be
taken to prevent, respond to and recover from emergency events and the role of
organisations in relation to emergencies. It also sets out the responsibilities of the Municipal
Emergency Resource Officer (MERO) and Municipal Recovery Manager (MRM).
S21 of the Act requires Council to appoint a Municipal Emergency Management Planning
Committee (MEMPC) whose function is to prepare a draft MEMP for consideration by
Council. The committee was originally appointed some years ago and developed the original
MEMP. Councils adoption of the original plan and endorsement of amended versions
periodically since, has confirmed the appointment of the following agencies as current
members of the committee.
Indigo Shire Council

Victoria Police
Country Fire Authority
State Emergency Service
Dept. of Health & Human Services
Dept. of Environment, Land, Water and Planning
Ambulance Victoria
Salvation Army
Parks Victoria
Victorian Council of Churches
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Red Cross
North East Region Water Authority
Beechworth Health Service
St. John Ambulance.
The MEMPC meets twice yearly and part of the meetings are dedicated to ensuring that the
MEMP is current and up to date. Where appropriate, amendments are made to the plan.
The current plan was last amended in April 2016 which included updates to the following
sections:
Foreword, Part 2 (History of Emergencies),
Part 3 (Management Arrangements),
Part 4 (Prevention Arrangements),
Part 6 (Recovery Arrangements),
Part 7 (Support Arrangements),
Part 8 (Contact Directory),
Appendix B (Municipal Emergency Coordination Centre Standard Operating

Procedures),
Appendix C (Special Plans & Arrangements),
Appendix D (Relief/Recovery Centres), and
Appendix E (Abbreviations).
The MEMPC has endorsed the current version of the plan (April 2016) inclusive of all of the
changes outlined above.
S21A(1) of Act requires that the MEMP be audited once every three years and a requirement
of the Emergency Management Manual Victoria is that it be presented to Council on one
occasion since the previous audit for endorsement. The previous audit was conducted in
May 2013.
The MEMP is scheduled to be audited in July 2016 by an audit panel comprising
representatives of Victorian State Emergency Service, Department of Health and Human
Services and Victoria Police. Councils endorsement of the current plan is sought prior to this
scheduled audit.
KEY IMPLICATIONS
The MEMP has been developed by the emergency management planning committee and
most recently endorsed by Council in 2013. All amendments to the plan have been endorsed
by the committee.
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RISK MANAGEMENT
An up-to-date and current MEMP is essential to ensure that Council is able to effectively
respond to any emergency situation that might arise throughout the municipality.
The make-up of the MEMPC, consisting of multiple agencies with emergency management
expertise provides Council with a diverse and competent committee. The use of this
committee to develop and guide any amendments to the Plan is critical in Council mitigating
the risks associated with its emergency management plan.
There are no financial implications associated with the updating and forthcoming auditing of
the MEMP.
The legal implications are outlined earlier in this report and are set out in the Emergency
Management Act 1986. The periodic updating and reviewing of the Plan, and the use of the
MEMPC in doing so, are in accordance with the requirements of the Act.
This endorsement of the Municipal Emergency Management Plan will assist with the
achievement of the key strategic objective 2.3 by maintaining appropriate emergency
management capabilities, as set out in the Council Plan 2013-2017, specifically by reviewing
all relevant emergency management policies and processes.
CONCLUSION
Council endorsement of the current MEMP will satisfy one of the key audit requirements of
the plan.
Attachments
1.View Municipal Emergency Management Plan
Page 75
13.
EXECUTIVE MANAGEMENT
13.1 LIONS DISTRICT CONVENTION CIVIC RECEPTION

File No: 2016/339
Gerry Smith - Chief Executive Officer
Executive Management
For Decision
RECOMMENDATIONS.
It is recommended that Council:
1.
Approves the conduct of a Civic Reception for 30-40 dignitaries attending the Lions
2016V6 District Convention on Friday 21st October 2016 and accepts the offer for the
Mayor to formally open the District Convention.
2.
Notes that the Mayor and Councillors are still holding office and that the Council can
host the event and that the Mayor can make a speech of welcome in accordance with
Councils Election Period Policy.
3.
Notes that the speech to be given at the event will be approved and certified by the
CEO in accordance with S6.4.2 of the Election Period Policy.
4.
Notes that any media releases or publication of information by the Lions or Council
preceding the convention will be in accordance with the Election Period Policy and
will not include any attribution to the Mayor or Councillors.
5.
Authorise the CEO to write to the Rutherglen Lions Club advising Councils decision.
INTRODUCTION
The Rutherglen Lions Club is hosting the 201V6 District Convention in Rutherglen from the
21 23 October 2016. The convention is expected to attract 250 350 delegates and
partners into the area for the duration of the convention.
The Rutherglen Lions Club has written to the Mayor requesting that Indigo Shire Council host
a Civic Reception for 30-40 VIPs and senior Lions representatives to the convention,
including a Lions International Representative, Lions Council Chairman, District Cabinet
members and past District Governors. State and Federal MPs have also been invited to
attend. An invitation has also been extended to the Mayor to open the convention.
The Civic Reception is proposed to be conducted on Friday 21 st October 2016 from 4-5 pm at
a venue in Rutherglen to be confirmed. The convention would be opened at 8pm on 21sth
October. Both events are scheduled on the day before the General Election for all Victorian
Councils on Saturday 22nd October 2016. The events fall within the specified Election Period
for the election.
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The nature of the proposed event and its scale and timing are such that it is not explicitly
covered by the recently adopted Election Period Policy and as such a decision of Council is
sought on proceeding with a Civic Reception and opening the convention.
KEY IMPLICATIONS
The Lions Club have advised that there is no flexibility to move the convention from the
proposed date and time. They have also advised that it is customary for the Local Council to
hold a Civic Reception for the dignitaries attending the convention and that were Indigo
Shire Council not to offer a Civic Reception, it would be the only Council in approximately 70
years not to do so.
Legislative Issues
Sections 93A and 93B of the Local Government Act 1989 (the Act) prescribe the conduct and
requirement of Councils during the Election Period. Specifically, s93B requires Councils to
prepare, adopt and maintain an Election Period Policy in relation to procedures to be applied
by Council during the Election Period, which commences on 19 th September 2016 and ends
at 6pm on 22nd October 2016. The Election Period policy must contain guidance on using
Council resources and the scheduling of Council events.
The host for a Civic Reception would normally be the Mayor. Under s72 of the Act, the term
of office of the Mayor ends at 6am on 22nd October 2016. So, the Mayor and Councillors
would still be holding office at the time of the proposed Civic Reception.
Voting in Indigo Shire for the General Election is done by postal vote. Under s41A of the Act,
postal voting closes at 6pm on the last working day before the Election Day, i.e. 6pm on
Friday 21st October, which is the date of the proposed Civic Reception.
Policy Issues
The Election Period Policy (the Policy) was adopted by Council in accordance with the Act on
29th March 2016. In relation to Council-sponsored events and functions, para 6.4 states that
No election material or active campaigning is to be conducted at Council sponsored
functions or events. The policy is silent on the criteria for scheduling a Council event during
the Election Period. Speeches are covered by para 6.4.2, which states that Councillors may
continue to make speeches at Council organised or sponsored events during the election
period subject to prior approval and certification by the CEO.
Advice from the Municipal Association of Victoria and Local Government Victoria is that
provided there is no active campaigning or political advantage to be gained by the hosting
the function it is a decision for Council as to whether this event should be conducted.
Page 77
The Civic Reception would be attended by 30-40 dignitaries, the vast majority of whom
would not be residents of Indigo Shire and therefore not voters in the Indigo Council
election. Therefore there would be no electoral advantage accrued from Council hosting this
event. The opening of the convention with 250 350 delegates and partner would occur
after voting has closed for the Indigo Shire election and therefore there is no electoral
advantage gained by opening the convention.
Economic Issues
The hosting of this major convention in Rutherglen will bring 250-350 delegates into the
Shire for a period of days and this will generate significant expenditure within the Shire for
the duration of the convention. It also provides an opportunity for businesses in the
Rutherglen region and the Shire to showcase their products and services. As such, it is
appropriate for the Shire to host a Civic Reception for the convention.
RISK MANAGEMENT
There are a number of risks associated with the proposal to host a Civic Reception. The
major risk is a breach of the Local Government Act in relation to the use of resources and the
conduct of events during the Election Period. The Policy does not specifically address a civic
event of this scale, however neither the Policy nor the Act preclude the hosting of the event
and verbal advice from MAV and LGV is that the event can be approved by Council provided
there is no electoral or political advantage conferred on any Councillor by Council hosting
the event. The detailed timing and attendance of those attending the proposed Civic
Reception e event and compliance with measures contained in the Policy relating to media
releases and speeches allow the event to be conducted in compliance with the Act.
There is a reputational risk to Council should it decide not to host a Civic reception for
dignitaries and MPs attending a major convention of a significant service club. It would also
break a long-standing practice of Councils where these conventions are being hosted.
The cost of hosting a Civic Reception for 30-40 delegates plus Councillors and specified
officers would be in the vicinity of $500. This would cover finger food and drinks. The venue
for the event is to be confirmed but is likely to be at no cost. The costs of this event would
be met from the Executive budget.
CONCLUSION
Based on the above discussion, it is recommended that Council approves the conduct of a
Civic Reception for 30-40 dignitaries attending the Lions 2016V6 District Convention on
Friday 21st October 2016 and accepts the offer for the Mayor to formally open the District
Convention.
Attachments
1.View Correspondence - Request for Civic Reception
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13.2 RURAL COUNCILS VICTORIA - INCORPORATION

File No: 2016/354
Gerry Smith - Chief Executive Officer
Executive Management
For Decision
RECOMMENDATION
That Council:
1.
Notes the proposed incorporation of Rural Councils Victoria does not involve an
investment and/or risk exposure that exceeds the thresholds set out in s 193(5C) of
the Local Government Act 1989;
2.
Approves the draft Rules attached to this report as 'Attachment 1' as the Rules for
Rural Councils Victoria Incorporated;
3.
Authorises Cr James Trenery, Mayor, to vote on Council's behalf on this matter, in

accordance with this resolution, at the meeting of RCV to be held on 10 June 2016;
and
4.
Authorises Jim Nolan, Chief Executive Officer of Pyrenees Shire Council (current RCV
secretariat) to apply to the Registrar of Incorporated Associations for the
incorporation of Rural Councils Victoria Incorporated.
INTRODUCTION
Rural Councils Victoria (RCV) is an unincorporated organisation which represents the
interests of rural councils within Victoria and currently has 38 members, of which Council is
one.
The RCV's work includes:
providing opportunities for networking and professional development;
activities directed at ensuring the sustainability of rural councils; and
activities to assist rural communities to remain sustainable.
This occurs via a number of mechanisms, including the:
organisation of forums and conferences for member councils;
engagement of consultants to undertake project work; and
applying for Government grants, particularly through Regional Development Victoria.
Given that the RCV is not a separate legal entity, it conducts its business through a
'Secretariat'. This involves the Executive appointing a willing council member to, essentially,
act as its agent, providing administrative support and entering into contracts on its behalf.
Pyrenees Shire Council currently provides the RCV secretariat.
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INCORPORATION OF RCV
As the RCV is currently unincorporated, Council is, together with all other member councils,
exposed to liability in respect of its operations.
To address this, and to enable the RCV to operate with greater independence and ease, it is
proposed to incorporate the RCV as an incorporated association. It will be called 'Rural
Councils Victoria Incorporated' and will operate in accordance with the draft Rules, attached
to this report as Attachment 1.
The benefits of the RCV being incorporated include that it:
is recognised as a separate legal entity, with protection from debts for members and
perpetual succession;
has the power to own and hold property, enter into contracts and otherwise act as any
other legal entity would;
cannot distribute profit to its members;
must operate in accordance with a set of rules, including a statement of purpose

being the draft Rules attached to this report as Attachment 1; and
is operated by a Committee of Management and a Secretary, which are responsible for

ensuring that all legislative obligations are complied with, and purposes are being
achieved.
The RCV fulfils a number of functions that are important to rural councils in Victoria.
Perhaps most importantly, it currently has responsibility for applying for Government grants,
particularly through Regional Development Victoria, which are of benefit to rural councils.
It will be important that the RCV is incorporated to enable it to carry on those functions with
greater independence and flexibility while still being subject to the views of its member
councils.
It is not expected that the manner in which the RCV operates will be different from its
current operations, although election to the Committee of Management will be based on
slightly different zones, as set out in the draft Rules attached to this report as Attachment 1.
EXERCISE OF ENTREPRENEURIAL POWERS
As Council will, if in favour of this proposal, be participating in the formation and operation
of a separate legal entity, it is required, in accordance with s 193 of the Local Government
Act 1989 (LG Act), to have regard to the risks involved and comply with ss 193(5A) and (5B)
of the LG Act.
Page 80
1.
the total investment involved in Council's participation in the formation of Rural

Councils Victoria Limited is: $0
Council will be required to continue paying membership fees, as fixed by the Committee
from time to time, but will not be required to invest anything in respect of the
incorporation; and
2.
the total risk involved in Council's participation in the formation of Rural Councils
Victoria Limited is: $0
Any liability for the activities of Rural Councils Victoria Limited will attach to it, not to
the individual members.
So, the total investment and risk exposure will be $0, meaning that Council is not required to
take any further action in relation to this matter under s 193(5C) of the LG Act.
NEXT STEPS
If the RCV continues operating as an unincorporated association, there is a risk that its
individual members, including Council, will be exposed to liability if the RCV fails to properly
conduct its business. Furthermore, it will be unable to enter into contractual arrangements
on its own behalf instead relying on the Secretariat council to do so.
It is therefore recommended that Council accepts the analysis of Council's investment and
risk exposure and votes in favour of the RCV being incorporated on the basis of the draft
Rules attached to this report as 'Attachment 1'.
It is proposed that a vote of all current members will be held at the next meeting of RCV to
be held on 10 June 2016. The vote will, if a majority is in favour, authorise Jim Nolan, Chief
Executive Officer of Pyrenees Shire Council (the current Secretariat council), to apply to the
Registrar of Incorporated Associations for the incorporation of RCV and approve the draft
Rules.
FINANCIAL
Council is advised that the annual subscription for Rural Councils of Victoria (via the
Municipal Association of Victoria) is $3,300. There is no cost to Council for incorporation.
CONCLUSION
Incorporation of RCV is seen to be beneficial to Indigo Shire Council in that it protects our
exposure to liability, and allows the RCV to continue in the provision of its services with
greater independence.
Attachments
1.View Draft Rules for RCV Incorporated 12 April 2016
2.View Proxy Form RCV
Page 81
14.
NOTICES OF MOTION
14.1 INDIGO SHIRE COUNCIL DIVESTMENT POLICY

TAKE NOTICE that at a meeting of Ordinary Council to be held on 31 May 2016, I intend to
move the following motion:
MOTION
That Indigo Shire Council:
1. Transition to a divestment of financial assets that support fossil fuel industries from the
2017/2018 financial year as recommended by the Indigo Environment Advisory
Committee.
2. That officers prepare a report for Council consideration on how such a transition would
be implemented.
Explanatory comment
Indigo Shire Council has a proud history of advocating against fossil fuel industries within its
boundaries, coal seam gas being the most recent, whilst advocacy is welcomed I believe that
we need to go the next step and prevent this from happening in other shires throughout
Australia, it is no longer acceptable to advocate against an industry within your boundaries
while investing in that same industry within another.
How and where, we invest our financial assets, and with whom we conduct our daily
financial transactions, directly impacts on not only our communities but others throughout
our country, and globally.
Indigo Shire Council regularly spends tens of thousands of dollars advocating for its
communities in VCAT against similar issues, the most recent, the mining of water in Stanley,
if our financial institutions invested heavily in Asahi Breweries what message would this
send?
I have provided a list of financial institutions which do not invest in fossil fuels, and it should
be noted that there at least two local banks on this list, Bendigo Bank and Hume Bank both
of which provide services within Indigo Shire. It is also at this point that it should be noted
that there is currently only one of what are considered the BIG FOUR BANKS left, with a walk
in branch within Indigo Shire, as they seem have divested themselves of small unprofitable
communities.
Cr Emmerick Teissl
Date received 6 May 2016
Attachments
1.View Local Government Super
Page 82
15.
COMMITTEE AND DELEGATES REPORTS (ARE ALL FOR INFORMATION ONLY)
15.1 CR TRENERY - MAYOR

For Information
DATE
April
5
6
7
7
8
8
11
12
12
13
14
14
18
18
TIME
FUNCTION/EVENT
LOCATION
11am
9am
10am
2pm
8.30
9am
10am
11am
3.30pm
8.30am
4.30pm
6.30
10am
11.30am
Beechworth
Rutherglen
Beechworth
Kergunyah
Beechworth
Yackandandah
Beechworth
Beechworth
18
12.30pm
19
19
20
21
22
22
4pm
6.30
9am
4.30pm
9.30am
11am
22
2.30pm
25
26
26
28
9.30am
2.30
4pm
10.30
Briefing Meeting
Rutherglen Wine Centre Board Committee
Meeting with constituent
Kergunyah Hall Committee
Mayor/CEO catch up
Meeting with constituent
Mayor/CEO catch up
Council Briefing: Review of Draft Budget
Meeting with Woolshed Valley Residents
Community Recovery Meeting
Special Finance Committee Meeting
Hume RDA Committee Session
Mayor/CEO catch up
Meeting with BDCCI President Elizabeth
Mason
Indigo Community Access Committee
meeting
Briefing Meeting
Community Forum
Meeting with constituent re: Woolshed Rd
Finance Committee Meeting
Pre-meeting with Bill Tilley MLA
Wodonga Chamber of Commerce:
Luncheon with Federal Treasurer Scott
Morrison
Meeting with Bill Tilley MLA re: Regional
Transport Infrastructure
ANZAC Memorial Service
Mayor/CEO catch up
Briefing Meeting
Meeting BDCCI President Elizabeth Mason
Indigo Valley
Beechworth
Beechworth
Beechworth
Beechworth
Barnawartha
Kergunyah
Kergunyah
Beechworth
Beechworth
Wodonga
Wodonga
Yackandandah
Beechworth
Beechworth
Beechworth
Attachments
Nil
Page 83
15.2 CR CROUCHER - DEPUTY MAYOR

For Information
DATE
April
1
4
5
6
7
12
13
14
15
17
19
20
21
25
26
27
TIME
FUNCTION/EVENT
LOCATION
9.30am
11am
11am
9am
12pm
3pm
IEDTAC Meeting
Meeting with Planning Dept.
Briefing meeting
Wine Centre Board of Management
Beechworth Senior Citizens Luncheon
Meeting with Mayor and constituents of
Kergunyah re Kergunyah Hall
Visit to Tangam by Cathy McGowan
Budget workshop
Atauro Island Friendship Committee
Heritage Awards Bus Trip
Barnawartha
Yackandandah
Beechworth
Rutherglen
Beechworth
Kergunyah
9am
11am
4.30pm
8am5pm
12pm
10am
4pm
10am
12pm
12.30pm
6am
9pm
4pm
6.30pm
Yackandandah Senior Citizens luncheon

5th Annual Milk Run
Briefing /Community Forum
Dedication to John Hillier
Senior Citizens Luncheon
Rostrum
Dawn Service Anzac day
Anzac Day Memorial Service
Briefing meeting
Council Meeting
Au Revoir to Canada for 4 weeks
Tangambalanga
Beechworth
Beechworth
All over the
Shire
Yackandandah
Huon
Kergunyah
Huon
Rutherglen
Albury
Tangambalanga
Tangambalanga
Beechworth
Beechworth
Attachments
Nil
Page 84
15.3 CR ROBERTA HORNE

For Information
DATE
April
2
5
7
12
16
17
19
24
26
26
TIME
FUNCTION/EVENT
LOCATION
10am
11am
Chiltern Markets
Council Briefing Meeting
Indigo Shire Heritage Committee Meeting
Parks Committee
Review of Draft Budget
12 Basket Event
Indigo Shire Audit Committee
Briefing Meeting
Kergunyah Community Forum
Meeting with constituents
Briefing Session
Council Meeting
Chiltern
7pm
11am
6pm
2pm
4pm
1pm
4.30pm
Beechworth
Rutherglen
Beechworth
Rutherglen
Beechworth
Kergunyah
Rutherglen
Beechworth
Attachments
Nil
Page 85
15.4 CR BARBARA MURDOCH

For Decision
DATE
April
3
5
7
8
9
12
13
14
15
16
17
18
19
21
25
26
TIME
FUNCTION/EVENT
LOCATION
10am
11am
3:30pm
9am
9am
10am
11am
5pm
Chiltern Markets
Indigo Shire Heritage Committee Meeting
ALGWA State Conference
ALGWA State Conference
Blumes Fashions
Review of Draft Budget
Chiltern Goods Shed Committee of
Management
Inspection of Heritage Awards Nominations
Yackandandah Community Luncheon
Henry Handel Richardson Festival of Events
Indigo Shire Audit Committee Meeting
Briefing Meeting
Kergunyah Community Forum
Rutherglen Community Meal
Finance Committee Meeting
Anzac Day Dawn Service
Rutherglen Anzac Day Service
Barnawartha Anzac Day Service
Chiltern Anzac Service , Parade and
Presentation
Council Meeting
Chiltern
Beechworth
8am
12pm
All day
2pm
4pm
6:30pm
12pm
4:30pm
6am
9am
10am
11am
4pm
6:30pm
Ivanhoe
Ivanhoe
Chiltern
Beechworth
Chiltern
Indigo Shire
Yackandandah
Chiltern
Beechworth
Kergunyah
Rutherglen
Beechworth
Chiltern
Rutherglen
Barnawartha
Chiltern
Beechworth
Attachments
Nil
Page 86
16.
GENERAL BUSINESS
17.
CONFIDENTIAL
Next Meeting:
Tuesday, 28 June 2016 at 6.30pm
Page 87
10.1
APRIL FINANCE REPORT
1
Monthly SPA Report .............................................................................. 89
ATTACHMENT 1
10.1 April Finance Report.DOC - Monthly SPA Report
Page 89
ATTACHMENT 1
10.1 April Finance Report.DOC - Monthly SPA Report
Page 90
10.2
INSTRUMENTS OF DELEGATION
1
2
Instrument of Delegation - Council to CEO ............................................. 92

Instrument of Delegation - Council to Members of Council Staff ............ 98
ATTACHMENT 1
10.2 Instruments of Delegation.DOC - Instrument of Delegation - Council to CEO
Page 92
ATTACHMENT 1
Page 93
ATTACHMENT 1
Page 94
ATTACHMENT 1
Page 95
ATTACHMENT 1
Page 96
ATTACHMENT 1
Page 97
ATTACHMENT 2
10.2 Instruments of Delegation.DOC - Instrument of Delegation - Council to Members of Council Staff
Page 98
ATTACHMENT 2
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ATTACHMENT 2
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10.4
COUNCIL ADVISORY COMMITTEE MINUTES
1
2
3
4
5
6
7
8
9
10

February 2016 ..................................................................................... 218
Minutes - Beechworth Trees Consultative Committee - 30 March
2016 .................................................................................................... 223
Minutes - Indigo Heritage Advisory Committee - 5 April 2016 .............. 227
Minutes - Finance Committee - 14 April 2016 ....................................... 233
Minutes - Indigo Community Access Advisory Committee - 18 April
2016 .................................................................................................... 237
Chairs Report - Audit Committee - 18 April 2016 .................................. 242
Minutes - Finance Committee - 21 April 2016 ....................................... 244
Minutes - Beechworth Trees Consultative Committee - 2 May 2016 ..... 261
Minutes - Indigo Heritage Advisory Committee - 3 May 2016 ............... 265
Minutes - Old Beechworth Gaol Advisory Committee - 9 May 2016 ...... 271
ATTACHMENT 1
10.4 Council Advisory Committee Minutes.DOC - Minutes - Indigo Community Access Advisory Committee - 15
February 2016
Page 218
ATTACHMENT 1
February 2016
Page 219
ATTACHMENT 1
February 2016
Page 220
ATTACHMENT 1
February 2016
Page 221
ATTACHMENT 1
February 2016
Page 222
ATTACHMENT 2
10.4 Council Advisory Committee Minutes.DOC - Minutes - Beechworth Trees Consultative Committee - 30 March
2016
Page 223
ATTACHMENT 2
2016
Page 224
ATTACHMENT 2
2016
Page 225
ATTACHMENT 2
2016
Page 226
ATTACHMENT 3
10.4 Council Advisory Committee Minutes.DOC - Minutes - Indigo Heritage Advisory Committee - 5 April 2016
Page 227
ATTACHMENT 3
Page 228
ATTACHMENT 3
Page 229
ATTACHMENT 3
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ATTACHMENT 3
Page 231
ATTACHMENT 3
Page 232
ATTACHMENT 4
10.4 Council Advisory Committee Minutes.DOC - Minutes - Finance Committee - 14 April 2016
Page 233
ATTACHMENT 4
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ATTACHMENT 4
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ATTACHMENT 4
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ATTACHMENT 5
April 2016
Page 237
ATTACHMENT 5
April 2016
Page 238
ATTACHMENT 5
April 2016
Page 239
ATTACHMENT 5
April 2016
Page 240
ATTACHMENT 5
April 2016
Page 241
ATTACHMENT 6
10.4 Council Advisory Committee Minutes.DOC - Chairs Report - Audit Committee - 18 April 2016
Page 242
ATTACHMENT 6
10.4 Council Advisory Committee Minutes.DOC - Chairs Report - Audit Committee - 18 April 2016
Page 243
ATTACHMENT 7
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ATTACHMENT 8
10.4 Council Advisory Committee Minutes.DOC - Minutes - Beechworth Trees Consultative Committee - 2 May
2016
Page 261
ATTACHMENT 8
2016
Page 262
ATTACHMENT 8
2016
Page 263
ATTACHMENT 8
2016
Page 264
ATTACHMENT 9
10.4 Council Advisory Committee Minutes.DOC - Minutes - Indigo Heritage Advisory Committee - 3 May 2016
Page 265
ATTACHMENT 9
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ATTACHMENT 10
10.4 Council Advisory Committee Minutes.DOC - Minutes - Old Beechworth Gaol Advisory Committee - 9 May 2016
Page 271
ATTACHMENT 10
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10.5
ASSEMBLY OF COUNCILLORS RECORD
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

Committee - 15 February 2016 ............................................................ 286
Assembly of Councillors Record - Beechworth Trees Consultative
Committee - 30 March 2016 ................................................................ 288
Committee - 5 April 2016 ..................................................................... 290
Assembly of Councillors Record - Briefing Meeting - 12 April 2016 ....... 292
Assembly of Councillors Record - Finance Committee - 14 April 2016 ... 294
Assembly of Councillors Record - Indigo Community Access Advisory
Committee - 18 April 2016 ................................................................... 296
Assembly of Councillors Record - Community Forum - Kergunyah 19 April 2016 ....................................................................................... 300
Assembly of Councillors Record - Finance Committee - 21 April 2016 ... 302
Assembly of Councillors Record - Council Meeting - 26 April 2016 ........ 306
Assembly of Councillors Record - Beechworth Trees Consultative
Committee - 2 May 2016 ..................................................................... 308
Committee - 3 May 2016 ..................................................................... 310
Assembly of Councillors Record - Briefing Meeting - 3 May 2016 .......... 312
Assembly of Councillors Record - Old Beechworth Gaol Advisory
Committee - 9 May 2016 ..................................................................... 314
ATTACHMENT 1
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Indigo Community Access
Committee - 15 February 2016
Page 286
ATTACHMENT 1
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Indigo Community Access
Committee - 15 February 2016
Page 287
ATTACHMENT 2
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Beechworth Trees Consultative
Committee - 30 March 2016
Page 288
ATTACHMENT 2
Committee - 30 March 2016
Page 289
ATTACHMENT 3
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Indigo Heritage Advisory Committee
- 5 April 2016
Page 290
ATTACHMENT 3
- 5 April 2016
Page 291
ATTACHMENT 4
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Briefing Meeting - 12 April 2016
Page 292
ATTACHMENT 4
Page 293
ATTACHMENT 5
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Finance Committee - 14 April 2016
Page 294
ATTACHMENT 5
Page 295
ATTACHMENT 6
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Indigo Community Access Advisory
Committee - 18 April 2016
Page 296
ATTACHMENT 6
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Indigo Community Access Advisory
Committee - 18 April 2016
Page 297
ATTACHMENT 7
Page 298
ATTACHMENT 7
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ATTACHMENT 8
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Community Forum - Kergunyah - 19
April 2016
Page 300
ATTACHMENT 8
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Community Forum - Kergunyah - 19
April 2016
Page 301
ATTACHMENT 9
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ATTACHMENT 11
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Council Meeting - 26 April 2016
Page 306
ATTACHMENT 11
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Council Meeting - 26 April 2016
Page 307
ATTACHMENT 12
Committee - 2 May 2016
Page 308
ATTACHMENT 12
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ATTACHMENT 13
- 3 May 2016
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ATTACHMENT 13
- 3 May 2016
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ATTACHMENT 14
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Briefing Meeting - 3 May 2016
Page 312
ATTACHMENT 14
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Briefing Meeting - 3 May 2016
Page 313
ATTACHMENT 15
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Old Beechworth Gaol Advisory
Page 314
ATTACHMENT 15
10.5 Assembly of Councillors Record.DOC - Assembly of Councillors Record - Old Beechworth Gaol Advisory
Page 315
11.1
PLANNING PERMIT APPLICATION 15-0232 CAMPING AND
CARAVAN PARK ('GLAMPING'), DIFFEY ROAD BEECHWORTH,
MATTHEW PARK.
1
2
3
Application documentation ................................................................. 317

Referral authorities' responses ............................................................ 364
Letter to applicant ............................................................................... 367
ATTACHMENT 1
11.1 Planning Permit Application 15-0232 Camping and Caravan Park ('Glamping'), Diffey Road Beechworth,
Matthew Park..DOC - Application documentation
Page 317
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ATTACHMENT 2
Matthew Park..DOC - Referral authorities' responses
Page 364
ATTACHMENT 2
Page 365
ATTACHMENT 2
Page 366
ATTACHMENT 3
Matthew Park..DOC - Letter to applicant
Page 367
11.2
PLANNING PERMIT APPLICATION PP16-0035 - (CARTER)
1
2
3
Proposed Site Plan .............................................................................. 369

Clause 35.07 - Farming Zone ................................................................ 370
Trafficworks TIAR ................................................................................ 377
ATTACHMENT 1
11.2 Planning Permit Application PP16-0035 - (Carter).DOC - Proposed Site Plan
Page 369
ATTACHMENT 2
11.2 Planning Permit Application PP16-0035 - (Carter).DOC - Clause 35.07 - Farming Zone
Page 370
ATTACHMENT 2
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ATTACHMENT 3
11.2 Planning Permit Application PP16-0035 - (Carter).DOC - Trafficworks TIAR
Page 377
ATTACHMENT 3
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11.3
REQUEST TO REMOVE HERITAGE OVERLAY, 236 MAIN STREET
RUTHERGLEN.
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236 Main St inventory sheet ................................................................ 409

Heritage Advisor's response ................................................................ 410
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11.4
RUTHERGLEN RURAL LIVING STRATEGY
1
Rutherglen Rural Living Study - Final report ......................................... 412
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11.5
CUE SPRINGS WATER EXTRACTION MONTHLY MONITORING
REPORT
1
Appendix 1 .......................................................................................... 501
ATTACHMENT 1
11.5 Cue Springs Water Extraction Monthly Monitoring Report.DOC - Appendix 1
Page 501
ATTACHMENT 1
11.5 Cue Springs Water Extraction Monthly Monitoring Report.DOC - Appendix 1
Page 502
11.6
COMMUNITY ENGAGEMENT PLAN
1
2
Community Engagement Draft policy 2016 .......................................... 504

Community Engagement Draft plan ..................................................... 507
ATTACHMENT 1
11.6 Community Engagement Plan.DOC - Community Engagement Draft policy 2016
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ATTACHMENT 2
11.6 Community Engagement Plan.DOC - Community Engagement Draft plan
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12.2
MUNICIPAL EMERGENCY MANAGEMENT REPORT UPDATE
1
Municipal Emergency Management Plan ............................................. 516
ATTACHMENT 1
12.2 Municipal Emergency Management Report Update.DOC - Municipal Emergency Management Plan
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13.1
LIONS DISTRICT CONVENTION CIVIC RECEPTION
1
Correspondence - Request for Civic Reception ..................................... 622
ATTACHMENT 1
13.1 Lions District Convention Civic Reception.DOC - Correspondence - Request for Civic Reception
Page 622
13.2
RURAL COUNCILS VICTORIA - INCORPORATION
1
2
Draft Rules for RCV Incorporated 12 April 2016.................................... 624

Proxy Form RCV................................................................................... 625
ATTACHMENT 1
13.2 Rural Councils Victoria - Incorporation.DOC - Draft Rules for RCV Incorporated 12 April 2016
Page 624
ATTACHMENT 2
13.2 Rural Councils Victoria - Incorporation.DOC - Proxy Form RCV
Page 625
14.1
INDIGO SHIRE COUNCIL DIVESTMENT POLICY
1
Local Government Super ..................................................................... 627
ATTACHMENT 1
14.1 Indigo Shire Council Divestment Policy.DOC - Local Government Super
Page 627
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14.1 Indigo Shire Council Divestment Policy.DOC - Local Government Super
Page 628

Indigo Council Meeting Agenda May 31, 2016

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Indigo Council Meeting Agenda May 31, 2016

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ORDINARY COUNCIL AGENDA - 31 MAY 2016

Tuesday, 31 May 2016 at 6.30pm

Chief Executive Officer

Director Development & Planning

Director Corporate & Community Services

Director Infrastructure Services

Michelle Delle Vergin

ORDINARY COUNCIL AGENDA - 31 MAY 2016

OPENING PRAYER, ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF

APOLOGIES AND LEAVE OF ABSENCE .........................................................................6

DECLARATION OF CONFLICT OF INTEREST ..................................................................6

OPEN FORUM ...........................................................................................................6

CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S) .....................................6

BUSINESS ARISING FROM PREVIOUS MINUTES ..........................................................7

DEPUTATIONS AND PETITIONS ..................................................................................9

CORPORATE & COMMUNITY SERVICES .................................................................... 10

DEVELOPMENT & PLANNING ................................................................................... 33

INFRASTRUCTURE SERVICES .................................................................................... 70

ORDINARY COUNCIL AGENDA - 31 MAY 2016

NOTICES OF MOTION .............................................................................................. 82

GENERAL BUSINESS ................................................................................................. 87

ORDINARY COUNCIL AGENDA - 31 MAY 2016

10.5 Assembly of Councillors Record

ORDINARY COUNCIL AGENDA - 31 MAY 2016

Heritage Advisor's response ...................................................................... 410

11.4 Rutherglen Rural Living Strategy

ORDINARY COUNCIL AGENDA - 31 MAY 2016

OPENING PRAYER, ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF THE

APOLOGIES AND LEAVE OF ABSENCE

DECLARATION OF CONFLICT OF INTEREST

CONFIRMATION OF MINUTES FROM PREVIOUS MEETING(S)

ORDINARY COUNCIL AGENDA - 31 MAY 2016

BUSINESS ARISING FROM PREVIOUS MINUTES

ORDINARY COUNCIL AGENDA - 31 MAY 2016

ORDINARY COUNCIL AGENDA - 31 MAY 2016

DEPUTATIONS AND PETITIONS

ORDINARY COUNCIL AGENDA - 31 MAY 2016

CORPORATE & COMMUNITY SERVICES

10.1 APRIL FINANCE REPORT

Corporate & Community Services

Rates & charges

Statutory Fees & Fines

Materials & Consumables

Net Profit / Loss

ORDINARY COUNCIL AGENDA - 31 MAY 2016

$60k of disaster support funding to fund Councils Community Recovery Coordinator.

These are offset by unfavourable Operating grant variances;

The unfavourable variance of $27k in Other Revenue is due to:

$45k favourable variance in private homecare income due to an increase in private

Higher than anticipated animal registration fees compared to forecast $56k.

A reduction in fees received for both Subdivision and Engineering $11k.

Lower than forecast cemetery fees $9.5k.

Historic Precinct ticket sales $15k.

Waste disposal sites $8k.

Swimming pools entry fees $12k.

ORDINARY COUNCIL AGENDA - 31 MAY 2016

$34k reduced plant & equipment usage.

$18k less for software maintenance costs.

$10k lower legal costs in Planning.

$6.5k delayed payment for cyclical maintenance of Councils buildings.

ORDINARY COUNCIL AGENDA - 31 MAY 2016

Barnawartha Fire Event - 20/12/2015

Total Result as at 30 April 2016