Agenda

 

For the Scheduled Council Meeting

Bowmans-Murmungee Hall

6 Nearys Lane, Murmungee

6pm 25 March 2025

 

 

 

 


 

 

 

Agenda Scheduled Council Meeting                          1

Contents

 

1.              Acknowledgement to Country. 5

2.              Opening Prayer 5

3.              Present 5

4.              Absent 5

5.              Acceptance of Apologies & Granting of Leave of Absence. 5

Order of Business. 6

6.              Citizen Ceremony. 6

7.              Confirmation of Minutes. 6

8.              Conflict of Interest Disclosure. 6

9.              Reception of Petitions. 6

10.            Hearing of Deputations. 6

Presentation Of Reports. 7

11.            Councillor Reports. 7

Officers’ Reports. 7

12.            Executive Services. 7

13.            Corporate and Leisure. 8

13.1          Reappointment of Directors to the Wangaratta Livestock Exchange Pty Ltd. 8

13.2          Privacy Policy 2025. 11

13.3          Instrument of Delegations - Council to other members of council staff 14

14.            Community and Infrastructure. 17

14.1          Award Tree and Arboriculture Services Panel 17

14.2          Field Services Budget Variation. 21

15.            Sustainability and Culture. 24

15.1          Draft Local Law No 1 - Community Amenity 2025. 24

15.2          Draft Community Engagement Policy 2025. 28

16.            Special Committee Reports. 32

17.            Advisory Committee Reports. 33

17.1          Biannual Audit and Risk Report 33

18.            Minutes of Advisory Committee Meetings. 35

19.            Notices of Motion. 35

20.            Urgent Business. 35

21.            Public Question Time. 35

22.            Confidential Business. 35

22.1          Confidential Report 35

23.            Closure of Meeting. 35

Attachments. 35

13.2......... Privacy Policy 2025

Attachment 1       Privacy Policy 2025. 36

13.3......... Instrument of Delegations - Council to other members of council staff

Attachment 1       S6 Instrument of Delegation - Council to other council staff 48

Attachment 2       S6 Instrument of Delegation - Updates. 219

15.1......... Draft Local Law No 1 - Community Amenity 2025

Attachment 1       Draft Local Law No 1 - Community Amenity 2025. 222

Attachment 2       Current  - Local Law No 1 - Community Amenity. 273

Attachment 3       Local Law Review 2025 Listed Changes. 340

Attachment 4       Draft Local Law No 1 – Marked up Changes. 342

Attachment 5       Draft Waste Management Policy 2025. 489

15.2......... Draft Community Engagement Policy 2025

Attachment 1       Draft Community Engagement Policy 2025. 500

17.1......... Biannual Audit and Risk Report

Attachment 1       Biannual Audit and Risk Report July - December 2024. 508

 


 

 

 

Agenda Scheduled Council Meeting                          1

Rural City of Wangaratta Live Stream

 

Clause 24 of the Governance Rules provides the following:

 

“This public meeting is being recorded to improve access to the meeting for our community. The recording will be published and will be retained by Council in accordance with Council’s legal obligations. As a visitor in the public gallery, your presence may be recorded.”

 

1.        Acknowledgement to Country

 

We acknowledge the traditional custodians of the lands, on which the Rural City of Wangaratta communities reside. We pay our respect to their Elders past, present and emerging, and celebrate and respect their continuing cultures. We are committed to walking beside all traditional owners as we move toward reconciliation.

2.        Opening Prayer

 

Almighty God, we humbly ask thee to bless and guide this council in its deliberations so that we may truly preserve the welfare of the people whom we serve.     Amen

 

3.        Present

 

4.        Absent

 

5.        Acceptance of Apologies & Granting of Leave of Absence

 

 


 

Order of Business

6.        Citizen Ceremony

7.        Confirmation of Minutes

 

Recommendation:

 

That Council read and confirm the Minutes of the Ordinary Meeting of 25 February 2025 as a true and accurate record of the proceedings of the meeting.

 

 

8.        Conflict of Interest Disclosure

 

In accordance with section 130 of the Local Government Act 2020 a councillor who has a conflict of interest in respect of a matter must disclose the conflict of interest in the manner required by Council's Governance Rules and exclude themselves from the decision making process in relation to that matter, including any discussion or vote on the matter and any action in relation to the matter.

 

Clause 28.1 of Council's Governance Rules requires a councillor to indicate that they have a conflict of interest by clearly stating:

(a) the item for which they have a conflict of interest; and

(b) whether their conflict of interest is general or material; and

(c) the circumstances that give rise to the conflict of interest.

 

Immediately prior to the consideration of the item in which they have a conflict of interest, a councillor must indicate to the meeting the existence of the conflict of interest and leave the meeting.

 

A councillor who discloses a conflict of interest and leaves a Council meeting must not communicate with any participants in the meeting while the decision is being made.

9.        Reception of Petitions

 

10.      Hearing of Deputations


 

Presentation Of Reports

11.      Councillor Reports

 

Nil

 

Officers’ Reports

12.      Executive Services

 

Nil

 

 


 

 

 

Agenda Scheduled Council Meeting                          1

13.      Corporate and Leisure

 

13.1     Reappointment of Directors to the Wangaratta Livestock Exchange Pty Ltd

 

Meeting Type:                          Scheduled Council Meeting

Date of Meeting:                       25 March 2025

Category:                                 Operational

Author:                                     Director Corporate and Leisure

Approver:                                 Director Corporate and Leisure

 

 

No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

 

Executive Summary

 

This report is presented to Council to re-appoint four independent directors, whose current terms are soon due to expire, to the Board of the Wangaratta Livestock Exchange Pty Ltd (WLE). 

 

Recommendation:

 

That Council:

 

1.       Re-appoints the four Directors listed in the confidential attachments to the Wangaratta Livestock Exchange Pty Ltd for a term of 2 years commencing 26 March 2025 and ending 25 March 2027. 

 

2.       Authorises the Mayor and Chief Executive Officer to sign a record of the resolution in point 1 above that documents the date and time that it is signed and includes the Directors’ names and the length, start, and end dates of their terms.

 

3.       Discloses the names of the re-appointed Directors.

 

 

Background

 

The Wangaratta Livestock Exchange (WLE) directors were appointed by Council following a thorough recruitment and selection process.

 

The terms of four directors have expired. These directors have nominated to being reappointed for a further term of 2 years and have provided signed consent forms (see Confidential Attachments) and should be re-appointed.

 

WLE is a single member company. As the sole member (shareholder) of WLE, the power to appoint a person as a Director by resolution in a ‘General Meeting’ lies solely with Council under clause 15.1.2(a) of the WLE Constitution.

 

Council has the power to make decisions by recording and signing them. The recording of this decision is deemed to be the passing of a resolution and the resolution is deemed to have been passed at a ‘General Meeting’. The date and time of the meeting is deemed to be the date and time that the resolution is signed.  Refer to clauses 13.2.1 and 13.3.1 of the WLE Constitution for further details.

 

Implications

 

Policy Considerations

There are no specific Council policies or strategies that relate to this report.

 

Financial/Economic Implications

There are no financial or economic implications identified for the subject of this report. Remuneration of Directors is already budgeted within the WLE’s Annual Budget.

 

Legal/Statutory

Council must meet the provisions of the Corporations Act 2001 and, from a legal perspective, the obligations set out in the Constitution of the WLE. A copy of the WLE Constitution is available to members the public upon request.

 

Social and Diversity

It is important that an appointed Board is in place to ensure that the WLE operates as a going concern, providing important economic and social benefits for the municipality’s agricultural sector.

 

Equity Impact Assessment (EIA)

There are no equity impacts identified for the subject of this report.

 

Environmental/Sustainability Impacts

There are no environmental/ sustainability impacts identified for the subject of this report.

 

Strategic Links

 

Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

 

1.    Expanding our Economy

4.2.2.3 Continue to support the Board of the Wangaratta Livestock Exchange to further develop its services and to strengthen its long-term financial sustainability.

 

Risk Management

 

Reappointing experienced Directors to the WLE mitigates risk by ensuring WLE strategies and decisions are well informed and maintains continuity, particularly during the current period of leadership transition in the WLE management team.

 

Consultation/Communication

 

The WLE Directors whose terms of appointment have expired have been consulted regarding their interest in reappointment. They have submitted signed consents to do so and their reappointments have been endorsed by the WLE Board. 

 

Officers believe that appropriate consultation has occurred, and the matter is now ready for Council consideration.

 

Options for Consideration

 

Option 1           Reappoint the Directors as outlined in this paper.  Recommended.

 

Option 2           Do not reappoint the Director(s) and commence a process seeking expressions of interest for those Director position(s). Not recommended as this will create an additional risk for the company due to uncertainty and lack of ability to meet a quorum at Board level.

Conclusion

 

The WLE Board endorses the reappointment of these Directors. The candidates have consented to be reappointed for a further term of 2 years. Councillor authorisation is now sought as council is the sole shareholder of the WLE.

 

Attachments

 

1        Nomination Consent Form - Wangaratta Livestock Exchange - Confidential  

2        Nomination Consent Form - Wangaratta Livestock Exchange - Confidential  

3        Nomination Consent Form - Wangaratta Livestock Exchange - Confidential  

4        Nomination Consent Form - Wangaratta Livestock Exchange - Confidential   

 

 

 

 


 

 

 

Agenda Scheduled Council Meeting                          1

13.2     Privacy Policy 2025

 

Meeting Type:                          Scheduled Council Meeting

Date of Meeting:                       25 March 2025

Category:                                 Operational

Author:                                     Governance & Reporting Advisor

Approver:                                 Director Corporate and Leisure

 

 

No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

 

Executive Summary

 

This report is presented to Council to adopt the revised Privacy Policy 2025.

 

Recommendation:

 

That Council:

 

1.       Adopts the Privacy Policy 2025 (Attachment 1).

 

 

Background

 

The Audit and Risk Committee is required under its Charter and the Local Government Act 2020 (Vic) to monitor the compliance of Council policies with legislation and best practice obligations.

 

The Committee requested further work be undertaken on the Privacy Policy to ensure that it contained clear, specific examples to Council staff on how to interpret the policy. The Committee considered the policy at the December Audit and Risk Committee and were satisfied with the proposed changes.

 

The key changes to this policy are:

 

·      The scope of the policy has been extended to apply to Wangaratta Sports and Aquatic Centre, Wangaratta Performing Arts and Conference Centre, Children’s Services and Maternal and Child Health Services (at 2.1 of the policy);

·      a section outlining Council’s functions and service delivery areas has been included (through 3 of the policy);

·      a table indicating the Information Privacy Principles and Health Principles has been included for clarity (under 4.2 of the policy);

·      specific wording and circumstances in which Council may be required to collect personal/health information (at 4.3 of the policy) have been included;

·      specific examples of when Council may be required to disclose personal/health information (at 5.3 and 5.4 and 6.2 - 6.5 of the policy) have been included;

·      a section indicating that Council will report any incorrect handling of personal information and it will be remedied in a manner consistent with OVIC guidelines (at 8.3 of the policy);

·      Contract managers are responsible for ensuring that any personal information that they manage in relation to a contract is managed in accordance with this policy (at 13.2 of the policy);

·      The Governance and Reporting Advisor is responsible for ensuring sufficient understanding of this policy across the organisation at 13.4

 

Implications

 

Policy Considerations

There are no specific Council policies or strategies that relate to this report.

 

Legal/Statutory

Council is a public sector organisation under section 13 of the Privacy and Data Protection Act 2014 (Vic) and is required to have in effect a robust personal information collection regime.

 

Strategic Links

 

Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

 

1.    Strengthening our Leadership

1.1.1.4  – Provide interactive websites for all Council facilities 

1.1.3.2 – Increase the availability of Council services, processes and information beyond hard-copy, telephone and face-to-face channels, by increasing access to services and forms online

1.2.2 – Provide reliable and secure information technology services across Council

 

2.    Nurturing our Wellbeing

2.2.1.2 – Ensure that key projects engage people, including people of all abilities in the design process, to ensure the needs of all community members are considered.

2.3.2.1 – With support and training, ensure that our community groups and committees have strong governance and are inclusive and viable. 

 

 

Rural City of Wangaratta 2033 Community Vision

This report supports the 2033 Community Vision through the following objectives:

 

A1 Provide open and transparent communication to the community to build trust, respect and understanding;

 

A2 Commit to the delivery of thorough and responsible community engagement practices;

 

A3 Serve the community by providing a great customer experience;

 

C3 Provide reliable and secure information technology services across Council;

 

D2 Engage in meaningful dialogue with the community and demonstrate how community participation is being used to inform decisions


 

Risk Management

 

 

Risks

Likelihood

Consequence

Rating

Mitigation Action

The failure to have in effect sufficiently robust privacy policies

3 – Possible

Moderate

6 – Medium

Ensuring the Privacy Policy is reviewed alongside sector guidelines and operational requirements

 

Options for Consideration

 

1.       Councilors adopt the policy as presented;  or

2.       Councillors request council officers make some changes to the document to be presented for adoption at a future Scheduled Council Meetings. 

 

Conclusion

 

The Privacy Policy 2025 has been reviewed after recommendations by the Audit and Risk Committee and is presented today for formal council adoption.

 

Attachments

 

1        Privacy Policy 2025  

 

 

 

 


 

 

 

Agenda Scheduled Council Meeting                          1

13.3     Instrument of Delegations - Council to other members of council staff

 

Meeting Type:                          Scheduled Council Meeting

Date of Meeting:                       25 March 2025

Category:                                 Strategic

Author:                                     Governance & Reporting Advisor

Approver:                                 Director Corporate and Leisure

 

 

No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

 

Executive Summary

 

This report is presented to Council to adopt the updated Councillor to Council staff Instrument of Delegation (Attachment 1).

 

Recommendation:

 

That Council:

 

1.   Delegates to the members of Council staff holding, acting in, or performing the duties of the offices or 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.

 

 

Background

 

Council provides a wide range of services to its residents and requires decisions to be made on an extensive range of matters. It is impractical for the elected Council members or the CEO to provide all these services and make all these decisions by themselves. The Local Government Act 2020 (Vic) recognised this and allows for the Council and CEO to delegate some of their functions to other staff within the organisation who have the relevant expertise or knowledge on the subject matter. Some of these delegations have been amended to satisfy operational or legislative changes (Attachment 2).   

 

Maddocks law firm provides Council with regular notifications of amendments required to be made to the Instruments of Delegations as legislation and regulations evolve. The associated changes have been made, reviewed by the Corporate Management Team and are now presented to Council for formal adoption of the Instrument of Delegation to members of Council staff.

 

Implications

 

Policy Considerations

There are no specific Council policies or strategies that relate to this report.

 

Financial/Economic Implications

There are no financial or economic implications identified for the subject of this report.

 

Legal/Statutory

The Local Government Act 2020 and its associated regulations sets out the legal requirements for delegations. Section 11 outlines a Council may delegate a power, duty or function to its Chief Exeucitve Officer and section 47 of the Act outlines the Chief Executive Officer’s power to delegate their powers to Council Officers. Further, the Chief Executive Officer is required to keep a register of their delegations.

 

Social and Diversity

There are no social impacts identified for the subject of this report.

 

Equity Impact Assessment (EIA)

There are no equity impacts identified for the subject of this report.

 

Environmental/Sustainability Impacts

There are no environmental/ sustainability impacts identified for the subject of this report.

 

Strategic Links

 

Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

 

1.    Strengthening our Leadership

1.1.1.6 Continue to provide transaprency for the commuity regarding the information being considered in decision making processes.

 

Rural City of Wangaratta 2033 Community Vision

This report supports the 2033 Community Vision through the following objectives:

 

Provide open and transparent comnunication to the community to build trust, respect and understanding.

 

Risk Management

 

Risks

Likelihood

Consequence

Rating

Mitigation Action

Inaccurate Instrument of Delegations allowing for insufficient coverage of legislative obligations

3 – Possible

Moderate

6 – Medium

Reviewing Council’s various Instruments of Delegation regularly ensures that council officers are suitably delegation provisions in which they have a responsibility.

 

Consultation/Communication

 

Officers believe that appropriate consultation has occurred and the matter is now ready for Council consideration.

 

Options for Consideration

 

There are no alternative options available. Failure to adopt the updated Instrument of Delegation will result in Council officers being unable to formally undertake key aspects of their role. 

 

Conclusion

 

Council’s S6 Instrument of Delegation – Council to other council staff has been updated based on legal advise from Maddocks, provisions have been assigned to the relevant council staff and the Instrument is presented for formal council adoption today.

 

Attachments

 

1        S6 Instrument of Delegation - Council to other council staff

2        S6 Instrument of Delegation - Updates  

 

 

 


 

 

 

Agenda Scheduled Council Meeting                          1

14.      Community and Infrastructure

 

14.1     Award Tree and Arboriculture Services Panel

 

Meeting Type:                          Scheduled Council Meeting

Date of Meeting:                       25 March 2025

Category:                                 Strategic

Author:                                     Maintenance Coordinator

Approver:                                 Director Community and Infrastructure

 

 

No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

 

Executive Summary

 

This report is presented to Council to Award Contract C15497 – Tree and Arboriculture Services Panel.

The Rural City of Wangaratta is seeking suitable, qualified, and certified expert arborists and consultants to provide a prompt and efficient service to the Rural City of Wangaratta.

 

Recommendation:

 

That Council:

 

1.       Awards Contract C15497 – Tree and Arboriculture Services panel to:

1. Arborescence
2. ENSPEC Pty Ltd
3. Ultimate Arbor
4. Homewood Consulting Pty Ltd
5. The Trustee of C&R Ryder Family Trust
6. Northeast Tree Services Pty Ltd
7. G&J Tree Services Pty Ltd

2.       Authorises the Chief Executive Officer to sign and seal all the relevant contract documents when available, including possible extensions.

 

Background

 

Council requires a panel of suitably qualified and experienced suppliers to carry out arboriculture and general tree maintenance service in accordance with the requirements of the contract specification. The purpose of this tender is to establish a panel capable of performing a variety of essential tree-related services, including:

- Tree Pruning
- Rural roadside tree clearance and envelope clearing
- Stump removal and site reinstatement
- Electrical line clearance pruning
- Root control, including root pruning and root barrier installation
- Tree Removal
- Tree planting and establishment
- Formative Pruning
- Pest and disease treatment
- Emergency works
- Tree inspection and report writing

The establishment of this panel will facilitate the efficient execution of approved tree maintenance works, as well as the prompt response to urgent tree-related works throughout the municipality including Storm Clean ups.

 

Implications

 

Policy Considerations

Council’s procurement policy 2022-2025 outlines the approved methods and processes for procurement.

 

Financial/Economic Implications

The number of suppliers will secure value for money, reliability, for councils horticulture / projects / maintennace programs. Contract will be undertaken and managed within Council’s existing mainteance budgets.

 

Legal/Statutory

Planning and Environment Act 1987, the Environment Protection and Biodiversity Conservation Act 1999, and Urban Tree management Plan. Additionally, Arboricultural Association sets industry standards for tree care, while Occupational Health and Safety regulations ensure worker safety.

 

Social and Diversity

Contractors are prioritised from the local area (within 100km) whenever possible, promoting community engagement and supporting local businesses.

 

Environmental/Sustainability Impacts

All contractors must adhere to relevant environmental legislation and plans, including those outlined above. Additionally, contractors submitting bids for the project must have environmental plans in place at the time of tender.

 

Strategic Links


Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

 

1.    Strengthening our Leadership

 

1.2  - An effective and efficent Council

1.3  -  Partnerships that bring benefit and oppertunnities to our community

 

Rural City of Wangaratta 2033 Community Vision

 

This report supports the 2033 Community Vision through the following objective:

 

A3 - Serve the community by providing a great customer experience


C1 - Ensure Council’s financial sustainability through transparent and accountable financial           management

 

Risk Management

 

Risk Management Framework

 

Risks

Likelihood

Consequence

Rating

Mitigation Action

Inability to provide Council with value for money

Possible (3)

Moderate (3)

Medium (9)

Council may seek multiple quotes from the panel to ensure value for money

Avalibility of quality services

Unlikely (2)

Moderate (3)

Medium (6)

Multipal Contrractor on panel can do the same work.

Contractor have Quaility management  plans. Council evaluates all submissions to ensure quality of service

Incident / Risk Management

Unlikely (2)

Major (4)

Medium (6)

All contractor must be insured. All contractors have safety and icident management process.

Consultation/Communication

 

This was a public Tender process. This tender was advertised on eProcure and was also advertised in the Wangaratta Chronicle in accordance with the procurement policy.

 

Options for Consideration

 

1.    Award Contract C15497 – Tree and Arboriculture Services panel.

2.   Not award Contract C15497– Tree and Arboriculture Services panel and retender as per Council’s procurement policy.

 

Conclusion

 

Following an evaluation process against pre-determined evaluation criteria and weightings, Contract C15479 – Tree and Arboriculture Services Panel is recommended to be awarded in accordance with the attached evaluation report. By having a comprehensive panel of qualified professionals, Council will be well-equipped to meet the varied and evolving needs of the community, while maintaining the highest standards of tree and landscape management. This process will further strengthen the Council's capacity to effectively manage and improve the urban and rural green spaces within the municipality.

 

Attachments

 

1        C15497 - Tree and Arboriculture Evaluation Report - Confidential   

 

 

 

 


 

 

 

Agenda Scheduled Council Meeting                          1

14.2     Field Services Budget Variation

 

Meeting Type:                          Scheduled Council Meeting

Date of Meeting:                       25 March 2025

Category:                                 Strategic

Author:                                     Field Services Manager

Approver:                                 Director Community and Infrastructure

 

 

No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

 

Executive Summary

 

This report is presented to Council seeking a budget re-allocation of $223,000 from Operational Project Budget (Re-Sheeting) to General Ledger Budget (Arboriculture). This budget variation request seeks no additional funds over and above the approved budget value from Council.

 

Recommendation:

 

That Council:

 

1.       Approves the Budget reallocation of $223,000 from Operational Project Budget (Re-Sheeting) to General Ledger Budget (Arboriculture).  

 

 

Background

 

Council is responsible for performing Powerline Clearance in areas it manages, specifically for High Voltage, Low Voltage, and service wire lines. This work must be carried out in accordance with the Electrical Safety Act 1998. As Council does not have the in-house resources to complete these works, it is outsourced through panel contracts.

 

These clearance works are required to be completed annually. Non-compliance with this obligation may result in fines if identified during an audit.

 

Due to several severe storms in late 2024, these works were delayed, and significant damage requiring cleanup also impacted the normal budget allocated for this task.

 

The Gravel Resheeting Budget is primarily used to purchase gravel for unsealed roads, with resheeting of each road typically occurring every 10 to 15 years. It is proposed that instead of resheeting two roads due for resheeting in the next 3 months, they will be graded, with resheeting planned for the 2025/26 financial year.

 

Implications

 

Policy Considerations

This report has been prepared and presented in accordance with the Budget Variation Policy.

 

Financial/Economic Implications

This report proposes a variation to the current approved budget through the reallocation of funds totaling $223,000 from the Gravel Re-Sheet Project Ledger to the Arboriculture General Ledger. There are no net changes to the overall Field Services Budget as a result of this reallocation.

 

The amout of reallocation is based on a estimate for the works prepared by officers.

 

Legal/Statutory

Council have a legal obligation, under the Electrical Safety Act 1998, to undertake these line clearance works. 

 

Social and Diversity

There are no social impacts identified for the subject of this report.

 

Equity Impact Assessment (EIA)

There are no equity impacts identified for the subject of this report.

 

Environmental/Sustainability Impacts

There are no environmental/ sustainability impacts identified for the subject of this report.

 

Strategic Links

 

Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

 

1.    Strengthening our Leadership

1.2 An efficient and effective Council

 

Risk Management

 

Officers have assessed the overal risks associated with the affected tasks and deemed the proposed cause of action as having the lowest potential risk to Council. These considerations are outlined in the table below.

Risk Management Framework

 

Risks

Likelihood

Consequence

Rating

Mitigation Action

Not undertaking line clearance works resulting in penalties.

4 - Likely

4 - Major

16 - High

Undertake line clearing works as required.

Not undertaking line clearance works resulting in fires.

3 - Possible

5 - Catastrophic

15 - High

Undertake line clearing works as required.

Decreasing road quality and safety of postponed road re-sheet

3 - Possible

3 - Moderate

9 - Medium

Undertake works at start of new financial year.

 

Consultation/Communication

 

Officers do not believe communication or consultation is required for this item.

 

Options for Consideration

 

1    That Council approve the budget re-allocation of $223,000

 

2.   That Council do not approve the budget re-allocation and an alternative source of funding is sought.

 

3.   That Council do not approve the budget re-allocation and don’t complete the line clearence works.

 

Conclusion

 

This report has been developed in accordance with the Budget Variation Policy. The request to re-allocate funds from an operational project ledger to a general ledger will result in no change to the overal budget of Field Services. The delayed road re-sheet works will have minimal impact on the community. Not undertaking the line clearance works as soon as possible posses significant risks for Council.

 

Attachments

 

Nil.

 

 

 


 

 

 

Agenda Scheduled Council Meeting                          1

15.      Sustainability and Culture

 

15.1     Draft Local Law No 1 - Community Amenity 2025

 

Meeting Type:                          Scheduled Council Meeting

Date of Meeting:                       25 March 2025

Category:                                 Strategic

Author:                                     Manager - Economic Development, Environment & Compliance

Approver:                                 Director Sustainability and Culture

 

 

No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

 

Executive Summary

 

This report is presented to Council to seek endorsement of a proposed revision of Council’s Local Law No.1 – Community Amenity (see Attachment 1) for public exhibition. 

 

Local Law No.1 has been reviewed and updated to ensure the local law reflects current best practice, is fit for purpose and Council meets its requirements under the Local Government Act 2020.

 

Recommendation:

 

That Council:

 

1.       Endorses the draft Rural City of Wangaratta Local Law No 1 – Community Amenity for public exhibition in accordance with the Local Government Act 2020.

 

2.       Reviews and considers all submission and amendments made to the draft Rural City of Wangaratta Local Law No 1 – Community Amenity at a future Scheduled Council Meeting.

 

3.       If no submission requesting changes to the Local Laws are received, adopts the Rural City of Wangaratta Local Law No 1 - Community Amenity without further resolution of Council.

 

 

Background

 

Council’s current Local Law No.1 (Attachment 2) came into operation in 2018 and is due for review.

 

Proposed changes to the Local law are shown in Attachment 3 & 4.  Key changes include, but not limited to:

·      Reorganised the structure of the Local Law enabling its provisions to be easily located and understood in accordance with current best practise.

·      Updated and simplified the language and definitions.

·      Altered provisions due to changes to other legislation since the current local law was adopted.

·      Removed provisions that are no longer required and/or covered by other legislation or processes.

·      Used more consistent language, extent and penalties with similar local laws at other Victorian Councils.

·      Strengthened provisions relating to waste management (Waste Management Policy Attachment 5), firewood collection and animal management (e.g. added number of animals that can be kept at small properties/apartments/townhouses/flats/units).

 

Implications

 

Policy Considerations

There are no specific Council policies or strategies that relate to this report. The Local Law assists in the consistent delivery of Council requirements for the safety and wellbeing of all residents.

 

Financial/Economic Implications

New or revised penalties while necessary for improved governance are unlikely to involve a large number of infringements.

 

Legal/Statutory

Local Government Act 2020, once adopted by Council the Local Law must be published in the Victorian Government Gazette. A legal review of the draft local law has been completed.

 

Social and Diversity

A local law must not be inconsistent the any Act (including the Charter of Human Rights and Responsibilities Act 2006)

 

Equity Impact Assessment (EIA)

An Equity Impact Assessment has been undertaken and will inform community engagement.

 

Environmental/Sustainability Impacts

The environmental impacts considered in this draft local law are in relation to permits and requirements around fire and firewood collection, invasive pest, and grazing.

 

Strategic Links

 

Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

 

1.    Strengthening our Leadership

1.4.1.1 Keep informed of emerging trends and issues that may impact our community, our region and our Council.

 

2        Nurturing our Wellbeing

2.6.2 Ensure our community understands and meets the requirements of safety legislation and compliance

 

Rural City of Wangaratta 2033 Community Vision

This report supports the 2033 Community Vision through the following objectives:

 

K2: Ensure our community understands and meets the requirements of safety legislation and compliance

 

Other strategic links

Local Government Act 2020 – Part 3, Division 3 Local Laws.

 

Risk Management

 

Risk Management Framework

 

Risks

Likelihood

Consequence

Rating

Mitigation Action

The Local Law is not revised and remains outdated

Low

Medium

Medium

Exhibit the draft local law for community consultation with a view to implementing a revised local law, in accordance with Council’s Community Engagement Policy and the Local Government Act 2020.

 

Consultation/Communication

 

Level of public participation

Promises to the public/stakeholders

Tools/Techniques

Inform

Draft Local Law 2025 is to be advertised

Council’s website and digital media, Local Newspaper

Consult

Draft Local Law 2025 available for public consultation

Inform the community in the newspaper and other local media that the draft local law is on exhibition and inviting submissions

Involve

All submissions will be considered

Submissions will be considered prior to adoption

 

Officers believe that appropriate internal consultation has occurred for the draft Rural City of Wangaratta Local Laws No1 – Community Amenity and the matter is now ready for Council consideration and public exhibition.

 

Options for Consideration

 

1.  That Council endorses the Draft Rural City of Wangaratta Local Law No 1 – Community Amenity for public exhibition 2025 (Recommended). 

 

2.  That Council does not endorse the draft Rural City of Wangaratta Local Law No 1 – Community Amenity for public exhibition.


 

Conclusion

 

The draft Rural City of Wangaratta Local Law No 1 – Community Amenity is ready for public exhibition and community feedback.

 

Attachments

 

1        Draft Local Law No 1 - Community Amenity 2025

2        Current  - Local Law No 1 - Community Amenity

3        Local Law Review 2025 Listed Changes

4        Draft Local Law No 1 – Marked up Changes

5        Draft Waste Management Policy 2025  

 

 

 

 


 

 

 

Agenda Scheduled Council Meeting                          1

15.2     Draft Community Engagement Policy 2025

 

Meeting Type:                          Scheduled Council Meeting

Date of Meeting:                       25 March 2025

Category:                                 Strategic

Author:                                     Community Engagement Advisor

Approver:                                 Director Sustainability and Culture

 

 

No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

 

Executive Summary

 

The draft Community Engagement Policy 2025 (refer Attachment 1) is ready for public exhibition.

 

The existing Policy was adopted in 2020, and the scheduled review began in 2024, and is now complete.  The draft Community Engagement Policy 2025 sets out the Rural City of Wangaratta’s intentions for the support and delivery of community engagement and reflects Council’s commitment to the principles of engagement as set out in the Local Government Act 2020.

 

Recommendation:

 

That Council:

 

1.   Endorses the draft Community Engagement Policy 2025 for a 30-day public exhibition period.

2.   Reviews and adopts the Community Engagement Policy 2025 at a future meeting, taking into consideration any submissions made.

3.   If no submissions are received requesting changes to Community Engagement Policy 2025, adopts the policy without further resolution.

 

 

Background

 

The existing Policy was developed and adopted by Council in 2020 after changes to the Local Government Act in 2020. These changes included a requirement for deliberative engagement and set out principles that should be applied to any community engagement project.

 

Since the adoption of the existing Policy, Council has progressed its understanding of community engagement, deliberative engagement, and how these can be implemented in line with the Act. The Policy has evolved to provide a framework to allow meaningful and consistent engagement that both meets Council’s requirements under the Act, and also helps build Council’s relationship with the community.

 

The draft Community Engagement Policy 2025 focuses on the principles of engagement outlined in the Local Government Act 2020, Council’s legislated requirements, and how those are delivered by Council. This includes a clear scope, roles and responsibilities, and definitions. This brings the Policy in line with our other policy documents, and sets Council’s commitment to consistent, meaningful, and inclusive community engagement.

 

Implications

 

Policy Considerations

The current Community Engagement Policy is due for review. It has further links to other Council areas through project management and engagement delivery.

 

Financial/Economic Implications

While there are no direct financial implications to this report, the Policy implementation will be the responsibility of each individual project. These costs will need to be reflected in project plans bids, through grants and operational budgets.

 

Legal/Statutory

The Local Government Act 2020 requires Councils to have a Community Engagement Policy that considers a number of principles. These have been incorporated into the Policy. Additionally, there are legal requirements around community engagement in other Acts and legislation, including planning legislation that supercede this policy.

 

Social and Diversity

Ensuring accessible, diverse and meaningful engagement with the people who are impacted by the decision is the cornerstone of the principles outlined in the Local Government Act 2020.

 

Equity Impact Assessment (EIA)

The Act states that engagement must be accessible, include those who are impacted, and make reasonable efforts to ensure those who are involved are engaged meaningfully. These principles are the foundation of this policy.

 

Environmental/Sustainability Impacts

There are no environmental/ sustainability impacts identified for the subject of this report.

 

 

Strategic Links

 

Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

 

1.    Strengthening our Leadership

1.1.2     Commit to the delivery of thorough and inclusive community engagement practices

 

 

Rural City of Wangaratta 2033 Community Vision

This report supports the 2033 Community Vision through the following objectives:

 

A1 Provide open and transparent communication to the community to build trust, respect and understanding

 

A2 Commit to the delivery of thorough and responsible community engagement practices

 

D2 Engage in meaningful dialogue with the community and demonstrate how community participation is being used to inform decisions

 

 

Risk Management

 

Risk Management Framework

 

Risks

Likelihood

Consequence

Rating

Mitigation Action

Implementation of new policy by staff

3 - Possible

Minor

5 - Medium

Council will develop a toolkit to support the Policy, and roll out training to

Community fatigue with consultation may impact engagement levels

3 - Possible

Moderate

6 - Medium

Council will adopt a variety of tools and methods in order to reach audiences and get meaningful feedback

 

Consultation/Communication

 

The draft Community Engagement Policy 2025 has gone through extensive internal consultation to understand how engagement is currently being delivered and how it can be improved. Data from the previous three Community Satisfaction Surveys has also been considered, and community preferences for engagement and communication will be incorporated into tools provided to Council Officers.

 

Additionally, the community will have an opportunity to provide feedback on the draft Community Engagement Policy 2025 for 30 days from 28 March to 27 April 2025. Feedback will be reviewed and provided to Councillors for consideration.

 

Officers believe that appropriate consultation has occurred, and the matter is now ready for Council consideration and public exhibition.

 

Options for Consideration

 

 

1.  That Council endorses the draft Community Engagement Policy 2025 for public exhibition for 30 days (Recommended). 

 

2.  That Council does not endorse the draft Community Engagement Policy 2025 for public exhibition.


 

Conclusion

 

The draft Community Engagement Policy 2025 is ready for public exhibition and community feedback.  

 

Attachments

 

1        Draft Community Engagement Policy 2025  

 

 

 


 

 

 

Agenda Scheduled Council Meeting                          1

16.      Special Committee Reports

 

Nil

 

 


 

 

 

Agenda Scheduled Council Meeting                          1

17.      Advisory Committee Reports

 

17.1     Biannual Audit and Risk Report

 

Meeting Type:                          Scheduled Council Meeting

Date of Meeting:                       25 March 2025

Author:                                     Governance & Reporting Advisor

Approver:                                 Director Corporate and Leisure

 

 

No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.

 

Executive Summary

 

This report is presented to Council to note the Audit and Risk Committee’s Biannual Audit and Risk Report. This report was prepared in January 2025 to outline the activities of the Audit and Risk Committee between July – December 2024. This report is a requirement of the Local Government Act 2020 (Vic) and this report is for Councillors to note only.  

 

Recommendation:

 

That Council notes the Biannual Audit and Risk Report attached to this report.

 

 

Background

 

Biannual Audit and Risk Report

 

Section 54(5) of the Local Government Act 2020 (the Act) requires that the Audit and Risk Committee (the committee) prepare a biannual audit and risk report that describes the activities of the committee and includes its findings and recommendations.

 

To comply with this requirement, a biannual audit and risk report was produced for the period 1 July 2024 – 31 December 2024.

 

The attached report (Attachment 1) was also presented at the 18 March 2024 Audit and Risk Committee meeting for endorsement and is now presented to Council for noting.

 

Implications

 

Policy Considerations

There are no specific Council policies or strategies that relate to this report.

 

Financial/Economic Implications

There are no financial or economic implications identified for the subject of this report.

 

Legal/Statutory

Section 54(5) of the Act requires the Audit and Risk Committee to prepare a biannual audit and risk report and provide a copy of the biannual audit and risk report to the Chief Executive Officer for tabling at the next Council meeting.

The Act requires that the Chief Executive Officer must table the biannual audit and risk report at the next Council meeting.

 

Social and Diversity

There are no social impacts identified for the subject of this report.

 

Equity Impact Assessment (EIA)

There are no equity impacts identified for the subject of this report.

 

Environmental/Sustainability Impacts

There are no environmental/ sustainability impacts identified for the subject of this report.

 

Conclusion

 

The completion and tabling of the Audit and Risk Committee Biannual Audit ensures that the committee complies with the requirements of the Local Government Act 2020 and that the committee’s activities can be monitored by Council.

 

Attachments

 

1        Biannual Audit and Risk Report July - December 2024  

 

 

 


 

 

 

Agenda Scheduled Council Meeting                          1

18.      Minutes of Advisory Committee Meetings

 

Nil

 

19.      Notices of Motion

 

Nil

 

20.      Urgent Business

 

21.      Public Question Time

 

22.      Confidential Business

 

Recommendation:

That Council resolves to close the meeting to members of the public in accordance with Division 3(1) of the Local Government Act 2020 to consider the following items:

22.1        Confidential Report

Item 22.1 is Confidential under the Local Government Act 2020 as it contains information relating to : (a) Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released..

 

 

23.      Closure of Meeting

Attachments

 

 


AGENDA – Scheduled Council Meeting                                                                                25 March 2025

Item 13.2 Attachment 1                                                                                                                   Page 1

 

 












 


AGENDA – Scheduled Council Meeting                                                                                25 March 2025

Item 13.3 Attachment 1                                                                                                                   Page 1

 

 











































































































































































 


AGENDA – Scheduled Council Meeting                                                                                25 March 2025

Item 13.3 Attachment 2                                                                                                                   Page 1

 

 



 


AGENDA – Scheduled Council Meeting                                                                                25 March 2025

Item 15.1 Attachment 1                                                                                                                   Page 1

 

 



















































 


AGENDA – Scheduled Council Meeting                                                                                25 March 2025

Item 15.1 Attachment 2                                                                                                                   Page 1

 

 



































































 


AGENDA – Scheduled Council Meeting                                                                                                 25 March 2025

Item 15.1 Attachment 3                                                                                                                                    Page 1

 

 


 


AGENDA – Scheduled Council Meeting                                                                                25 March 2025

Item 15.1 Attachment 4                                                                                                                   Page 1

 

 



















































































































































 


AGENDA – Scheduled Council Meeting                                                                                25 March 2025

Item 15.1 Attachment 5                                                                                                                   Page 1

 

 











 


AGENDA – Scheduled Council Meeting                                                                                25 March 2025

Item 15.2 Attachment 1                                                                                                                   Page 1

 

 








 


AGENDA – Scheduled Council Meeting                                                                                25 March 2025

Item 17.1 Attachment 1                                                                                                                   Page 1