Stephen Hart Colac Otway Shire Councillor Stephen Hart en Stephen Copyright 2012 2012-05-18T10:29:28+00:00 http://www.stephenhart.id.au/site/entry/ordinary_council_meetings_for_2012/ http://www.stephenhart.id.au/site/entry/ordinary_council_meetings_for_2012/#When:11:38:36Z Ordinary Council meetings are open to the public and are generally held on the 4th Wednesday of the month.  The December meeting is always held earlier in the month. Council holds some meetings outside of Colac to allow the community to attend a meeting closer to where they live so that they may view the process of Local Government.  This isn't meant to replace proper consultation  on issues of importance to a particular area.  These are arranged as a separate process when required. The Ordinary Council meetings for 2012 are planned to be held as follows: Date Time Location Wednesday, 23 May 2012 3pm COPACC, Gellibrand Street, Colac Wednesday, 27 June 2012 3pm Birregurra Community Health Centre, Birregurra Wednesday, 25 July 2012 3pm COPACC, Gellibrand Street, Colac Wednesday, 22 August 2012 3pm COPACC, Gellibrand Street, Colac Wednesday, 26 September 2012 3pm Apollo Bay Senior Citizen's Centre, Apollo Bay Wednesday, 24 October 2012 3pm COPACC, Gellibrand Street, Colac Wednesday, 28 November 2012 (Subject to approval by the new Council.) 3pm COPACC, Gellibrand Street, Colac Wednesday, 19 December 2012 (Subject to approval by the new Council.) 3pm COPACC, Gellibrand Street, Colac (COPACC is the Colac Otway Performing Arts & Cultural Centre at the corner of Rae & Gellibrand Streets, Colac.) A Council election is due to be held in October 2012.  As at the date of first writing this report, the State Government hadn't confirmed the precise date of the Council election.  Subsequently, the Council election date has been confirmed as Saturday 27 October 2012.  The meeting scheduled for 24 October 2012 is still expected to be held despite being very close to the election.  However, only limited matters will be dealt with at that meeting as Council will be in "Caretaker"  mode.  Major policy decisions cannot be made during the "Caretaker" period.  The meeting dates for November and December are subject to confirmation by the new Council and may be changed by the new Council.  With this in mind, the above meeting dates for November and December 2012 could be cancelled or changed on short notice. Local Democracy 2011-10-09T11:38:36+00:00 http://www.stephenhart.id.au/site/entry/improved_public_transport/ http://www.stephenhart.id.au/site/entry/improved_public_transport/#When:03:59:47Z Improving public transport and educational opportunities has been one of my priorities as a Councillor.  Currently there are limited post-secondary education opportunities in Colac Otway Shire.  Some residents travel to Geelong to Gordon or Deakin.  One of the difficulties in using the Warrnambool train to travel from Colac to Geelong, whether for education opportunities or other purposes, is that the one return train in weekday evenings arrives in Colac at around 8.44 pm.  In the past, this matter wasn’t pursued by Council.  The current Council agreed to lobby for an increase in the rail services between Colac and Geelong.  The new State Government agreed to introduce extra services after the matter was raised by Council in the lead up to the last State election. Apparently, there is a need for a passing loop to be constructed to allow the extra train services.  In the meantime, a bus service has been introduced in the evenings from Geelong to Colac.  The bus service leaves Geelong at 5.35pm, which is two hours earlier than the evening train.  This means it is feasible to travel from Colac to Geelong by train and return in the afternoon from Geelong to Colac by bus. This is a tangible example of what can be achieved when Councillors work together co-operatively. Please check the actual timetable on V-Line's web site as timetables can change and the above times may no longer be correct.  The timetable can be found at the following link: http://www.vline.com.au/pdf/timetables/warrnambool.pdf Environment 2011-09-20T03:59:47+00:00 http://www.stephenhart.id.au/site/entry/colac_heavy_vehicle_transport_route/ http://www.stephenhart.id.au/site/entry/colac_heavy_vehicle_transport_route/#When:10:29:28Z The community is understandably concerned about the proposed heavy vehicle transport routes for Colac.  Two Councillors put the matter on the Council agenda for 23 May 2012.  Briefly, the three separate resolutions put forward by two different Councillors are about: Whether or not the report about the recommended routes are released. Whether or not the Council rules out short routes and rules out routes that go through residential areas. Whether or not the Council releases the 5 options preferred for further examination. The actual resolutions can be found at the following link: http://www.colacotway.vic.gov.au/Page/Download.asp?name=Agenda_OM20120523.pdf&size=0&link=../Files/Agenda_OM20120523.pdf As this matter has been put on the agenda by Councillors, rather than Council officers, there is no background information in the agenda.  Had Councillors waited for a full report there would be a delay of another month.  By having the matter on the May agenda the Councillors will have an opportunity to give their views and determine how to proceed. Infrastructure / Public Facilities 2012-05-18T10:29:28+00:00 http://www.stephenhart.id.au/site/entry/council_stops_rail_trail_being_forced_through_the_colac_specialist_school/ http://www.stephenhart.id.au/site/entry/council_stops_rail_trail_being_forced_through_the_colac_specialist_school/#When:04:20:40Z In 1998, Council promised to sell land in Wilson Street, Colac to the Colac Specialist School without any encumbrance for a rail trail.  Until 1962 the train line to Beech Forest had run throught the site.  The School was built in 1999 and the land sold to the School later, but with an easement.  In 2003 the School received a letter about the rail trail giving an assurance that “wherever the Landowner indicates they do not wish to provide access, a detour will take place.”  Despite this, the School were faced with the prospect of having the trail forced through the School site against their wishes, using the easement that encumbered the site.  The Council had been pursuing a trail through the site since November 2011. I called a special meeting for 9 May 2012 so that Councillors could make a decision as to whether or not the trail would be forced through the Colac Specialist School grounds. A newspaper report claimed that the recent special meeting held to determine whether the rail trail would go through the Colac Specialist School was unnecessary; as it claimed the Beechy Rail Trail Committee had agreed that the trail would not go through the School. The Colac Specialist School deserve long term legal protection.  Only Council, not the Beechy Rail Trail Committee, has the capacity to give legally binding protection to the School.  Councillors decided that the trail will not be forced through the grounds of the Colac Specialist School whilst it remains a school and Council's Chief Executive Officer has been directed to enter into a legally binding agreement to that effect. This legal protection is far superior to a short term understanding and gives the School security to plan for their future without a shadow hanging over them.  Had this not been done, the trail could have been forced through by Council at any time. It is my view that any proposals by Council to put a trail through a school, kindergarten, hospital, CFA shed or any other like site should first have to come to Councillors for explicit endorsement rather than it being pursued wihout the knowledge of Councillors.  If any landholder objects to the trail being put through their land that should be the end of the matter.  Whilst I am dissappointed that Colac Specialist School had to endure this uncertainty, I am glad that Council has agreed to give them some long term security. Education, Library, School 2012-05-14T04:20:40+00:00 http://www.stephenhart.id.au/site/entry/employee_costs_near_budget/ http://www.stephenhart.id.au/site/entry/employee_costs_near_budget/#When:09:40:54Z Various reports have suggested that Council's employee costs for 2011/2012 are running well over budget.  This appears to based on a financial report for the six month period ended 31/12/'11, tabled at the Council's January 2012 meeting.  (Page 313 of the agenda.) Council's employee costs are not evenly spaced over the year.  In other words, it is incorrect to double the amount for six months of expenditure in order to estimate the amount for the full twelve months.  This is partly due to weather and roadworks.  The timing of roadworks are influenced by the weather.  Projects are generally planned for dryer weather.  Surely this is accepted as a commonsense approach!  Another factor is that projects carried forward from the previous financial year may be completed early in the new financial year, resulting in a higher expenditure in the first half. Therefore, it is necessary to have an understanding of what projects have been completed in order to estimate the full year employee cost.  This is done by Council's Finance section and was also reported in the January 2012 agenda.  That report shows that Employee costs for 2011/2012 are expected to be $14.11 million which is 1.2 % (one point two percent) or $159,000 over the budget estimate. Given that budgets are prepared months before the financial year in question, I think that being no more than 1.2% over is quite a reasonable result.  Importantly, this is $750,000 less than one year earlier due to the removal of some "one off" extra costs.  The defined benefit superannuation call is one such example and cost $569,000 in the previous financial year. Financial Management 2012-04-05T09:40:54+00:00 http://www.stephenhart.id.au/site/entry/planning_amendment_to_improve_shires_rural_zones/ http://www.stephenhart.id.au/site/entry/planning_amendment_to_improve_shires_rural_zones/#When:00:12:14Z In November 2006 the previous Council introduced the new "Farm" zone to the municipality.  All land zoned "Rural" was re-zoned to "Farm" and all land zoned "Environmental Rural" was re-zoned to "Rural Conservation". Since the "Farm" zone was introduced to Colac Otway Shire it has been increasingly difficult to obtain a planning permit to build a house on rural land, smaller than 40 hectares, in the "Farm" zone.  The aim of the Rural Living Strategy is, basically, to identify areas suitable for rural housing on lots smaller than 40 hectares.  There are other aspects to the report such as dealing with some planning anomalies  in rural towns identified during the review. Since November 2006 my land has been zoned "Farm" along with many other rural properties.  My home near Lavers Hill, along with many other blocks, was identified as a “candidate area” for “Rural Living” zoning, when an initial report was done in 2007.  This was before I was a Councillor.  The latest report makes a similar recommendation, that an area south-west of Lavers Hill, should be re-zoned.  This includes  my home and many others.  This means I have a “conflict of interest”.  I am unable to participate in Council discussion and unable to vote on any matter resulting from the “Rural Living” review.  However, I am permitted to inform the community about the matter. Council formally adopted the Rural Living Strategy at the December 2011 Council meeting.  The next stage is for a planning amendment to be prepared and exhibited.  The public will be permitted to comment on the planning amendment when it is exhibited.  It is almost certain that an Independent Panel will need to be formed to consider submissions and make a recommendation.  Unless Council alters its amendment to satisfy all submitters, the matter has to be referred to an Independent Panel. It is important to be aware that a submission to the Rural Living Strategy isn't considered a submission to the planning amendment.  This means that if you want to be involved in the planning amendment and Independent Panel process you must make a submission when  the actual planning amendment is put out for comment.  A submission could just be a letter with your earlier comments on the Rural Living Strategy when it was a draft document. The earliest the planning amendment could be exhibited is in 2012.  This should occur as soon as possible as the community has been unnecessarily disadvantaged by the introduction of the more restrictive "Farm" zone to properties that have operated as rural living areas, some for many decades. Anyone wanting to establish how their property may be affected should read the relevant section of the Rural Living Strategy or contact Council to find out whether their property has been identified for re-zoning. More information can be found at the following links: http://www.colacotway.vic.gov.au/Page/Page.asp?Page_Id=3865&h=-1 http://www.colacotway.vic.gov.au/Page/page.asp?Page_Id=3841&h=0 Planning 2012-03-07T00:12:14+00:00 http://www.stephenhart.id.au/site/entry/costs_associated_with_vcat_hearings/ http://www.stephenhart.id.au/site/entry/costs_associated_with_vcat_hearings/#When:10:00:12Z Council has disclosed the legal costs associated with Victorian Civil and Administrative Tribunal (VCAT) cases.  When people exercise their rights to take Council to VCAT, the Council has to attend the Tribunal to explain its decision. The amounts spent in recent years are substantially below the record high levels of the Council for the period November 2004 to November 2008.  The record high amount was $177,222 in 2005/2006. The average cost for the last three financial years is approximately $40,000 per annum.  By having proper planning policies in place there is more certainty in what is and is not permitted in different areas of the Shire.  I believe that this has contributed to a reduction in the costs associated with VCAT appeals. Financial Year Legal Fees 2002/2003 $80,408 2003/2004 $56,139 2004/2005 $129,866 2005/2006 $177,222 2006/2007 $93,287 2007/2008 $72,859 2008/2009 $46,375 2009/2010 $23,614 2010/2011 $50,153 2011/2012 $24,877 to Feb     Planning 2012-03-06T10:00:12+00:00 http://www.stephenhart.id.au/site/entry/wye_river_cfa_site_with_council_lease/ http://www.stephenhart.id.au/site/entry/wye_river_cfa_site_with_council_lease/#When:08:56:00Z The CFA shed at Wye River is located on Council owned land.  As the lease had expired Councillors were concerned to secure the site for the CFA  for a long period.  The CFA shouldn't have to be concerned about their ongoing land tenure.  Council has agreed to lease the site to the CFA for $1 per annum for 50 years from 1 January 2012.  The CFA will be exempt from Council rates for that period although the annual waste collection component will be charged for the weekly kerbside rubbish collection.  These terms continue provided the site continues to used for the CFA. This is similar to an arrangement for the Lavers Hill CFA as reported elsewhere on this site. http://www.stephenhart.id.au/site/entry/land_donation_council_lease_secures_site_for_otway_cfa_unit/%20land_donation_council_lease_secures_site_for_otway_cfa_unit/ Infrastructure / Public Facilities 2012-01-02T08:56:00+00:00 http://www.stephenhart.id.au/site/entry/disclosures_in_2010_11_annual_report/ http://www.stephenhart.id.au/site/entry/disclosures_in_2010_11_annual_report/#When:06:14:02Z Council's 2010/11 Annual Report repeats the high level of disclosure of the 2009/10 Annual Report.  The report can be obtained via the following link: http://colacotway.vic.gov.au/page/Download.asp?name=ANNUAL_REPORT_2010-2011.pdf&size=0&link=../Files/ANNUAL_REPORT_2010-2011.pdf Ordinary Council Meeting Briefing Sessions For the second year in a row, the Council has disclosed the  attendance record of each Councillor at the Briefing Session held prior to each Ordinary Council meeting.  Councillor attendance varied significantly.  Attendance ranged from part of one meeting with eleven missed for one Councillor up to twelve out of twelve for another.  Six out of seven Councillors attended the majority of Briefings, at least in part. I attended all twelve Briefing Sessions.  Equipment provided to Councillors for their use The Council has always provided equipment to Councillors to help them perform their duties.  The details of what is provided to each Councillor wasn't disclosed prior to the 2009/10 Annual Report. The State Government has specified a minimum set of equipment that should be made available to Councillors.  This doesn't mean that each Councillor has every item of equipment.  For the second year, Council's Annual Report discloses the equipment allocated to each Councillor.  For example, I have been allocated a "Laptop Computer" and "Next G Internet Connection" for use whilst I am a Councillor.  (I still do this blog on my personal computer and use my personal Internet account.)  Other equipment made available to Councillors and mentioned in the Annual Report is a "Land Line Phone", "Mobile Phone" and "Fax Machine".  I have none of these items from Council. It is possible to read the Annual Report and see what item is allocated to each Councillor. Travel Claims Paid Where possible, I travel with other Councillors or with Council Officers to minimise my travel claims.  I also use public transport, but this is generally limited to trips from Geelong to Melbourne. Like all Councillors, I have been appointed to a number of Boards or Committees.  Some of these involve significant travel.  For example, the Corangamite Regional Library Board meetings are held in Terang, a considerable distance from Lavers Hill.  The Municipal Association of Victoria meetings are held in Melbourne. The travel claims paid to Councillors in each of the last six financial years are detailed in the table below.  The amount for 2010/11 is 15% lower than the amount for 2009/10.  It is also 29% less than the record high, set during the previous Council's term, for  2005/06.  (I haven't been able to find figures for the years before 30/6/2006.) These figures have been extracted from the relevant annual report.  I have also disclosed the travel claim paid to me in the table below.  This is part of the total figure paid to all Councillors.  In other words, for the year ended 30 June 2011 a total of $41,560 was paid to all the Councillors of which $10,234 was paid to me. Please also note that the figures below are the amounts paid during the financial year.  There may be some amounts owing that are paid early in the next financial year.  These amounts are then reported in the following year.  In addition, Councillors are reimbursed for other costs that are not included in the travel claims.  I was reimbursed $373 for the year ended 30 June 2011.  The extra $373 was mainly for accommodation costs and train fares. Generally, the Mayor is not paid for travel.  This is because the Mayor is provided with a Council vehicle - currently a Toyota Corolla at the time of writing.      Year ended     Period as a Councillor     Travel claim paid to me, Cr Stephen Hart     TOTAL Travel claim paid to ALL Councillors      30 June 2006     NIL, not a Councillor     NIL      $58,468      30 June 2007     NIL, not a Councillor     NIL     $46,335     30 June 2008     NIL, not a Councillor     NIL      $39,061     30 June 2009     7 months     $6,391 (Annual Report, page 20)     $33,383     30 June 2010     12 months     $9,068 (Annual Report, page 83)     $48,865      30 June 2011     12 months     $10,234 (Annual Report, page 67)     $41,560 Local Democracy 2011-10-30T06:14:02+00:00 http://www.stephenhart.id.au/site/entry/increased_funding_for_bridges/ http://www.stephenhart.id.au/site/entry/increased_funding_for_bridges/#When:03:28:59Z At the September Council meeting Councillors considered two funding opportunities- one from the Federal Government and one from the State.  The Federal Government program was for facilities, such as sports grounds improvements.  It couldn’t be used for roads and bridges.  Councillors agreed to apply for funding Central Reserve in Colac in respect of that grant program. The State Government program is for $561,000 per annum and may be used for facilities, or for roads and bridges.  Generally, most discretionary grant programs cannot be used for roads and bridges.  Where that is an option, I believe Council should spend most of the grant on infrastructure as Colac Otway Shire has a significant backlog. Council Management recommended that $324,000 of the State Government grant be saved for a larger future project and that all of the balance, $237,000, be spent on Bluewater Fitness.  The Beechy Precinct includes the Joint Use Library, Bluewater Fitness and Central Reserve.  Had this been approved, every dollar spent would have been on the Beechy Precinct.  The Federal Government has already committed about $5.5 million to Bluewater Fitness under an unrelated funding program. Councillors decided, at the September meeting, that $200,000 of the first year’s State grant should be saved and that all of the balance, $361,000, should be spent on bridges on local roads. Council has been working to quantify the amount needed to improve the local bridges and initial estimates are that $5 million of work is needed in the near term.  Following this latest decision Council has the following funds available for bridges in the current financial year:  Regular maintenance from rates $166,000 Roads fund from State Government (subject to Vic Roads approval) $500,000 Latest State funding following Councillors' decision at September 2011 Council meeting $361,000 TOTAL for bridges for 2011/2012 $1,027,000 Infrastructure / Public Facilities 2011-10-10T03:28:59+00:00