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MINUTES SPECIAL COUNCIL MEETING NO. 1 MONDAY, 15 JULY, 2013 PENINSULA COMMUNITY THEATRE 91 WILSONS ROAD, MORNINGTON

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Page 1: MINUTES S COUNCIL MEETING NO 1 - Home - Mornington …€¦ ·  · 2013-07-17MINUTES OF THE SPECIAL COUNCIL MEETING NO. 1 ... 2.1 Proposed Shire Strategic Plan 2013-2017 ... Having

MINUTES

SPECIAL COUNCIL MEETING NO. 1

MONDAY, 15 JULY, 2013

PENINSULA COMMUNITY THEATRE 91 WILSONS ROAD, MORNINGTON

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Mornington Peninsula Shire Council 2

WARDS AND COUNCILLORS

Briars Cr. Bev Colomb

Cr. Andrew Dixon

Cr. Anne Shaw

Cerberus Cr. David Garnock

Nepean Cr. Hugh Fraser

Cr. Tim Rodgers

Red Hill Cr. Frank Martin

Seawinds Cr. Antonella Celi

Cr. David Gibb

Cr. Graham Pittock

Watson Cr. Lynn Bowden – Mayor

EXECUTIVE MANAGEMENT TEAM

Dr. Michael Kennedy OAM

Mr. Alex Atkins

Mr. Stephen Chapple

Ms. Marilyn Kearney

Mr. Rob Macindoe

Chief Executive Officer

Director – Sustainable Infrastructure

Director – Sustainable Environment

Director – Sustainable Organisation

Director – Sustainable Communities

AUDIO RECORDING Please note that an audio recording of this Council Meeting has been made and is available on the Shire’s website within seven days of the meeting.

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Mornington Peninsula Shire Council 3

MORNINGTON PENINSULA SHIRE COUNCIL

MINUTES OF THE SPECIAL COUNCIL MEETING NO. 1

Held at the Peninsula Community Theatre, 91 Wilsons Road, Mornington on Monday, 15 July, 2013 at 4:04 p.m.

I N D E X OPENING AND WELCOME ACKNOWLEDGEMENT OF TRADITIONAL LAND OWNERS (Read by Cr. Dixon) “ In the spirit of respect, the Mornington Peninsula Shire acknowledges the

Boon wurrung/Bunurong, members of the Kulin Nation, who have traditional connections for the land on which Council meets.”

PRAYER (Read by Cr. Shaw) “ Almighty God, we humbly seek Thy blessings upon this Council. Direct and prosper its

deliberations to the advancement of Thy glory and the true welfare of the people of the Mornington Peninsula Shire. Give us the strength and courage to make wise decisions with grace and dignity. Amen.”

SECTION 1 – PROCEDURAL MATTERS 1.1 Apologies 1.2 Disclosure of Conflicts of Interest Pursuant to Section 79 of the Local Government Act 1989 SECTION 2 – MANAGEMENT REPORTS PAGE NO. 2.1 Proposed Shire Strategic Plan 2013-2017 –  Section 223 Submission Committee Hearing  (Tracey Limpens, Corporate Planning and Strategy Coordinator) ................................................ 6 2.2 Shire Strategic Plan 2013-2017 – Adoption   (Tracey Limpens, Corporate Planning and Strategy Coordinator) ................................................ 7  2.3 Adoption of the 2013/2014 Budget –  Disclosure of Conflicts of Interest  (Noel Buck, Manager – Governance and Corporate Support) ....................................................... 8  2.4 Proposed 2013/2014 Budget –  Section 223 Submission Committee Hearing  (Geoff Emberson, Manager – Finance) ........................................................................................ 10

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MINUTES OF THE SPECIAL COUNCIL MEETING NO. 1

Held at the Peninsula Community Theatre, 91 Wilsons Road, Mornington on Monday, 15 July, 2013 at 4:04 p.m.

I N D E X

(CONT’D)

Mornington Peninsula Shire Council 4

SECTION 2 – MANAGEMENT REPORTS (CONT’D) PAGE NO. 2.5 Adoption of the 2013/2014 Budget and Declaration of  Rates and Charges for 2013/2014  (Geoff Emberson, Manager – Finance) ........................................................................................ 11 2.6 Loan – Local Authorities Superannuation Fund Liability and Capital Works 2013/2014 (Acceleration of the Pavilion Upgrade Strategy)  (Geoff Emberson, Manager – Finance) ........................................................................................ 26  SECTION 3 – COMMITTEE AND INFORMATION REPORTS

Nil.

SECTION 4 – NOTICES OF MOTION

Nil.

SECTION 5 – COUNCILLORS AND DELEGATES REPORTS

Nil. SECTION 6 – URGENT BUSINESS

Nil. SECTION 7 – CONFIDENTIAL ITEMS

Nil. Attachments are made available to the public via Council’s website at www.mornpen.vic.gov.au or are available for viewing at all Council Offices.

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MINUTES OF THE SPECIAL COUNCIL MEETING NO. 1 OF THE MORNINGTON PENINSULA SHIRE COUNCIL HELD AT THE

PENINSULA COMMUNITY THEATRE, 91 WILSONS ROAD, MORNINGTON ON MONDAY, 15 JULY, 2013 AT 4:04 P.M.

Mornington Peninsula Shire Council 5

Present Mayor, Cr. Lynn Bowden (Chairperson)

Cr. Antonella Celi Cr. Bev Colomb Cr. Andrew Dixon Cr. Hugh Fraser Cr. David Garnock Cr. David Gibb Cr. Frank Martin Cr. Tim Rodgers Cr. Anne Shaw Dr. Michael Kennedy OAM, Chief Executive Officer

Apologies

Cr. Graham Pittock Disclosure of Conflicts of Interest Cr. Anne Shaw declared a Conflict of Interest in regard to Item 2.3 ‘Adoption of the 2013/2014

Budget – Disclosure of Conflicts of Interest’ as she a member of a number of committees. Cr. David Garnock declared a Conflict of Interest in regard to Item 2.3 ‘Adoption of the

2013/2014 Budget – Disclosure of Conflicts of Interest’ as he is the Council appointed representative on the Biosphere Foundation Board.

Cr. David Gibb declared a Conflict of Interest in regard to Item 2.6 ‘Loan – Local Authorities

Superannuation Fund Liability and Capital Works 2013/2014 (Acceleration of the Pavilion Upgrade Strategy)’ as he is a minor shareholder of the Commonwealth Bank of Australia, the proposed financial entity to supply the loan.

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013

Mornington Peninsula Shire Council 6

REPORT TO Special Council Meeting ITEM NO. 2.1

MEETING DATE Monday, 15 July, 2013

SUBJECT Proposed Shire Strategic Plan 2013-2017 – Section 223 Submission Committee Hearing

PREPARED BY Tracey Limpens, Corporate Planning and Strategy Coordinator

AUTHORISED BY Manager – Corporate Planning

ATTACHMENT(S) NO

VIEW REPORT RECOMMENDATION

That having received and noted submissions made to the draft Shire Strategic Plan 2013-2017, the statutory process to adopt the Strategic Plan 2013-2017 proceeds noting that it is proposed to include ‘marked’ changes to the document.

COUNCIL DECISION Moved: Cr. Shaw Seconded: Cr. Celi

That the recommendation be adopted.

Carried

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013

Mornington Peninsula Shire Council 7

REPORT TO Special Council Meeting ITEM NO. 2.2

MEETING DATE Monday, 15 July, 2013

SUBJECT Shire Strategic Plan 2013-2017 – Adoption

PREPARED BY Tracey Limpens, Corporate Planning and Strategy Coordinator

AUTHORISED BY Manager – Corporate Planning

FILE NO. fA88403

ATTACHMENT(S) YES

VIEW REPORT VIEW ATTACHMENT 1 RECOMMENDATION

That Council adopts the Shire Strategic Plan 2013-2017 (as attached). PROCEDURAL MOTION Extension to Speaking Time

Moved: Cr. Rodgers Seconded: Cr. Dixon That a two minute extension to the speaking time be granted to Cr. Hugh Fraser in relation to the above matter.

Carried

COUNCIL DECISION Moved: Cr. Garnock Seconded: Cr. Dixon

That the recommendation be adopted.

Carried

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013

Mornington Peninsula Shire Council 8

REPORT TO Special Council Meeting ITEM NO. 2.3

MEETING DATE Monday, 15 July, 2013

SUBJECT Adoption of the 2013/2014 Budget – Disclosure of Conflicts of Interest

PREPARED BY Noel Buck, Manager – Governance and Corporate Support

AUTHORISED BY Director – Sustainable Organisation

FILE NO. 13-040891

ATTACHMENT(S) NO

VIEW REPORT RECOMMENDATION

1. That the Association of Bayside Municipalities membership be approved for inclusion in

the 2013/2014 Council Budget.

2. That the National Sea Change Taskforce membership be approved for inclusion in the 2013/2014 Council Budget.

3. That the Communities that Care funding be approved for inclusion in the 2013/2014

Council Budget. 4. That the Mornington Peninsula Biosphere Foundation Ltd membership be approved for

inclusion in the 2013/2014 Council Budget.

Attendance Having declared a Conflict of Interest in Recommendations 1, 2 and 3, Cr. Anne Shaw left the

meeting prior to discussion and voting. Having declared a Conflict of Interest in Recommendation 4, Cr. David Garnock left the

meeting prior to discussion and voting. COUNCIL DECISION Moved: Cr. Gibb Seconded: Cr. Celi

1. That the Association of Bayside Municipalities membership be approved for inclusion in the 2013/2014 Council Budget.

Moved: Cr. Gibb Seconded: Cr. Celi

2. That the National Sea Change Taskforce membership be approved for inclusion in the 2013/2014 Council Budget.

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013 Adoption of the 2013/2014 Budget – Disclosure of Conflicts of Interest ITEM NO. 2.3

Mornington Peninsula Shire Council 9

COUNCIL DECISION (CONT’D) Moved: Cr. Gibb Seconded: Cr. Celi

3. That the Communities that Care funding be approved for inclusion in the 2013/2014 Council Budget.

Moved: Cr. Gibb Seconded: Cr. Martin

4. That the Mornington Peninsula Biosphere Foundation Ltd membership be approved for inclusion in the 2013/2014 Council Budget.

Carried

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013

Mornington Peninsula Shire Council 10

REPORT TO Special Council Meeting ITEM NO. 2.4

MEETING DATE Monday, 15 July, 2013

SUBJECT Proposed 2013/2014 Budget – Section 223 Submission Committee Hearing

PREPARED BY Geoff Emberson, Manager – Finance

AUTHORISED BY Director – Sustainable Organisation

ATTACHMENT(S) NO

VIEW REPORT

RECOMMENDATION

That having received and noted submissions made to the proposed 2013/2014 Budget, the statutory process of adoption of the 2013/2014 Budget proceed without amendment.

COUNCIL DECISION Moved: Cr. Celi Seconded: Cr. Dixon

That the recommendation be adopted.

Carried

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013

Mornington Peninsula Shire Council 11

REPORT TO Special Council Meeting ITEM NO. 2.5

MEETING DATE Monday, 15 July, 2013

SUBJECT Adoption of the 2013/2014 Budget and Declaration of Rates and Charges for 2013/2014

PREPARED BY Geoff Emberson, Manager – Finance

AUTHORISED BY Director – Sustainable Organisation

ATTACHMENT(S) NO

VIEW REPORT RECOMMENDATION

Part A The Budget 1. That Council, having given Public Notice of the preparation of the Budget and having

considered public submissions pursuant to Section 223 of the Local Government Act 1989 resolves, pursuant to Section 130 of the Local Government Act 1989, to adopt the 2013/2014 Annual Budget with the variations listed in Tables 1-4 of this report .

2. That pursuant to Section 144 of the Local Government Act 1989, the Budget proposes that

Council borrow $11,865,000 to finance its Local Authorities Superannuation Fund (LASF) Liability and Capital Works, to progress acceleration of the Pavilion Strategy.

3. That pursuant to Section 130(2) of the Local Government Act 1989, Public Notice of the

decision be given.

4. That the Budget papers be initialed by the Mayor for identification and be the basis for the adoption of the 2013/2014 Budget and Declaration of the Rates and Charges pursuant to Section 158 of the Local Government Act 1989.

5. That the Strategic Resource Plan (2013-2017) be updated for the balance of the Plan for

the consequential effects of the 2013/2014 Budget. 6. That Council adopts the proposed fees and charges as contained in Appendix F of the

proposed 2013/2014 Budget with an effective date of 1 July, 2013, with the following amendment:

Foreshore Camping – Off Season Package from $1,200 to $979 (noting: no effect

on income).

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013 Adoption of the 2013/2014 Budget and Declaration of Rates and Charges for 2013/2014 ITEM NO. 2.5

Mornington Peninsula Shire Council 12

RECOMMENDATION (CONT’D) Part B Declaration of Rates and Charges – Amount to be Raised 1. That it is intended to raise the amount of $131,707,837 for the rating year commencing 1

July, 2013 to 30 June, 2014 by application of Rates and Charges detailed as follows:

Type of Property 2013/2014 $

General Land 104,191,973 Vacant Residential Land 4,792,631 Vacant Commercial Land 84,775 Vacant Industrial Land 217,251 Mornington Peninsula Agricultural Rate Land 1,876,845 Cerberus Land 39,891 Bluescope 840,000 Cultural and Recreational Land 137,626 Municipal Charge 17,289,540 Opt in Green Waste 2,177,305 Supplementary Rates 600,000 Land Sustainability Rebate (375,000) Heritage Rebate (65,000) Valuation Objections (100,000) Total $131,707,837

Basis of Valuation 2. That Capital Improved Value (CIV) be used as the basis for rating of all properties within

the Mornington Peninsula Shire for 2013/2014. 3. That the determination of the 2013/2014 rates for all properties be based on 1 January,

2012 levels of property valuations returned to Council on 23 July, 2012 and as subsequently amended by supplementary valuations.

General Rates 4. A general rate be declared for the 2013/2014 Financial Year. 5. It be further declared that the general rate be raised by the application of differential rates. Differential Rate Categories 6. A differential rate be respectively declared for rateable land having the respective

characteristics specified below, which characteristics will form the criteria for each differential rate so declared:

6.1 Residential Vacant Land – Any Land

A. On which there is no dwelling or like building designed or adapted for human

habitation; and

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013 Adoption of the 2013/2014 Budget and Declaration of Rates and Charges for 2013/2014 ITEM NO. 2.5

Mornington Peninsula Shire Council 13

RECOMMENDATION (CONT’D)

Part B (Cont’d) Differential Rate Categories (Cont’d)

B. Which is located within any of the following zones under the Mornington

Peninsula Planning Scheme:

Residential Zone 1;

Low Density Residential Zone;

Comprehensive Development Zone 1;

Green Wedge Zone 4 (property less than 4,000 square metres); and

Special Use Zone 4.

6.2 Commercial Vacant Land – Any Land:

A. On which there is no building designed or adapted for commercial or like use; and

B. Which is located within any of the following zones under the Mornington Peninsula Planning Scheme:

Business Use Zone 1;

Business Use Zone 4; and

Business Use Zone 5. 6.3 Industrial Vacant Land – Any Land:

A. On which there is no building designed or adapted for industrial or like use; and

B. Which is located within any of the following zones under the Mornington

Peninsula Planning Scheme:

Industrial Zone 3;

Special Use Zone 1; and

Special Use Zone 3.

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013 Adoption of the 2013/2014 Budget and Declaration of Rates and Charges for 2013/2014 ITEM NO. 2.5

Mornington Peninsula Shire Council 14

RECOMMENDATION (CONT’D)

Part B (Cont’d) Differential Rate Categories (Cont’d)

6.4 Mornington Peninsula Agricultural Rate Land – Any Land:

A. Which is ‘farm land’ within the meaning of Section 2(1) of the Valuation of Land

Act 1960 but excluding any portion containing a residential, commercial or industrial building (or buildings) or an outbuilding or other similar form of improvement (including the curtilage to any principal residential or commercial building whether the curtilage is fenced off or not); and

B. For the purposes of this definition:

‘Curtilage’ means an area of land measuring 2,000 square metres around the

principal residential building or commercial building or industrial building. If there is both a principal residential building and a principal commercial or industrial building on such land, the curtilage will be the area around the residential building alone;

‘Residential building’ means a building used or designed or adapted for residential purposes;

‘Commercial building’ means a building used or designed or adapted for

commercial purposes; and

‘Industrial building’ means a building used or designed or adapted for industrial purposes.

6.5 General Land – Any Land Which Is Not:

A. Residential Vacant Land;

B. Commercial Vacant Land;

C. Industrial Vacant Land; and D. Mornington Peninsula (MP) Agricultural Rate Land.

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013 Adoption of the 2013/2014 Budget and Declaration of Rates and Charges for 2013/2014 ITEM NO. 2.5

Mornington Peninsula Shire Council 15

RECOMMENDATION (CONT’D)

Part B (Cont’d)

Differential Rate Percentages 7. That each differential rate will be determined by multiplying the Capital Improved Value

of each rateable land (categorised by the characteristics described in part B paragraph 6 of this Resolution) by the relevant percentages indicated in the following table:

Category Rate

Cents in the $ of CIV

General rate for rateable general properties 0.19660 General rate for rateable vacant residential properties 0.23592 General rate for rateable vacant commercial properties 0.23592 General rate for rateable vacant industrial properties 0.23592 General rate for rateable MP Agricultural Rate properties 0.06881

8. It be recorded that Council considers that each differential rate will contribute to the

equitable and efficient carrying out of Council functions, and that:

8.1 The respective objectives of each differential rate be those specified in the Statutory Disclosures within the 2013/2014 Budget as adopted;

8.2 The respective types or classes of land which are subject to each differential rate be those

specified in the Statutory Disclosures within the 2013/2014 Budget as adopted ; 8.3 The respective uses and levels of each differential rate in relation to those respective

types or classes of land be those specified in the Statutory Disclosures within the 2013/2014 Budget as adopted; and

8.4 The relevant:

A. Uses of;

B. Geographical locations of;

C. Planning scheme zonings of; and

D. Types of buildings on the respective types or classes of land be those identified in the Statutory Disclosures within the 2013/2014 as adopted.

Curtilage on Properties Classified as Farmland 9. That pursuant to Sections 158 and 158A of the Local Government Act 1989, rate in the

dollar on CIV for general properties be levied for the 2013/2014 rating year on the curtilage component of all properties classified as farmland.

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013 Adoption of the 2013/2014 Budget and Declaration of Rates and Charges for 2013/2014 ITEM NO. 2.5

Mornington Peninsula Shire Council 16

RECOMMENDATION (CONT’D)

Part B (Cont’d) Rebates 10. That pursuant to Section 169 of the Local Government Act 1989, a land sustainability

rebate of 25% on the land (net of curtilage) component of those properties that meet the criteria of the Land Sustainability Rate Rebate for the 2013/2014 rating year;

11. That pursuant to Section 169 of the Local Government Act 1989: 11.1 A Heritage Rebate of 25% (with a minimum of $100) on the rates levied on the

improvements of heritage properties listed in the Mornington Peninsula Planning Scheme; and

11.2 A Heritage Rebate of 12.5% (with a minimum of $50) on the rates levied on the

improvements of properties within a designated heritage precinct that meet the criteria of the Heritage Rate Rebate for the 2013/2014 rating year.

Municipal Charge 12. That pursuant to Section 159 of the Local Government Act 1989, a municipal charge be

declared in respect of the 2013/2014 financial year. 13. The municipal charge be declared for the purpose of covering some of the administrative

costs of Council. 14. The municipal charge be the sum of $180.00 per annum for each rateable land (or part) in

respect of which a municipal charge may be levied. 15. It be confirmed that the municipal charge is declared in respect of all rateable land within

the municipal district in respect of which a municipal charge may be levied. Services Charges 16. An annual service charge be declared for the collection and disposal of refuse taking the

form of green waste. 17. The annual service charge be the sum of $130.00 for each service of one 240 litre green

waste bin for each rateable land (or part) located within the eligible service areas in respect of which the owner has given notice to Council that the collection and disposal of green waste from the land is desired.

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013 Adoption of the 2013/2014 Budget and Declaration of Rates and Charges for 2013/2014 ITEM NO. 2.5

Mornington Peninsula Shire Council 17

RECOMMENDATION (CONT’D)

Part B (Cont’d) Cultural and Recreation Lands Act 18. That pursuant to the provisions of the Cultural and Recreation Lands Act 1963, the

following rates be levied on the listed properties for the 2013/2014 rating year:

Property No. Property Rates 12018 Sorrento Golf Club $26,722.66 19983 Portsea Golf Club $21,627.18 54951 Rosebud Country Club Ltd $16,033.59 61372 Mornington Country Golf Club $9,352.94 87869 Devil Bend Golf Club $4,388.92 123392 Flinders Golf Club $10,689.07 15902 Flinders Yacht Club $1,373.08 17439 Rosebud Yacht Club Inc $1,144.31 26463 Rye Sailing Club $1,304.46 28769 McCrae Yacht Club $1,475.48 39007 Sorrento Sailing Club $3,864.54 46019 Safety Beach Sailing Club $1,534.43 46705 Blairgowrie Yacht Squadron $2,736.40 78645 Mount Martha Yacht Club $1,540.78 78974 Somers Yacht Club $1,680.81 80020 Rosebud Motor Boat Squadron $716.50 80912 Western Port Yacht Club $1,221.15 84465 Merricks Yacht Club $1,318.45 85013 Point Leo Boat Club $1,250.04 88027 Hastings Yacht Club $849.71 118429 Mornington Yacht Club $777.38 111616 Daveys Bay Yacht Club $2,681.98 98964 Canadian Bay Club $1,982.33 88029 Western Port Angling Club $277.44 27396 Carrington Park Club Ltd $2,738.14 84471 Merricks Beach Residents Assoc $526.54 62833 Mornington Racing Club $15,547.74 89370 Peninsula Aero Club $2,269.96 Total $137,626.01

Consequential 19. The rate of 10.50 per centum be specified as the Rate of Interest set by Council for the

purpose of Section 172(2) of the Local Government Act 1989 and be so set until a new rate is set in accordance with the Local Government Act 1989.

20. The Chief Executive Officer be authorised to levy and recover the general rates,

municipal charge and annual service charges in accordance with the Act.

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013 Adoption of the 2013/2014 Budget and Declaration of Rates and Charges for 2013/2014 ITEM NO. 2.5

Mornington Peninsula Shire Council 18

COUNCIL DECISION

Moved: Cr. Shaw Seconded: Cr. Gibb

Part A The Budget 1. That Council, having given Public Notice of the preparation of the Budget and

having considered public submissions pursuant to Section 223 of the Local Government Act 1989 resolves, pursuant to Section 130 of the Local Government Act 1989, to adopt the 2013/2014 Annual Budget with the variations listed in Tables 1-4 of this report .

2. That pursuant to Section 144 of the Local Government Act 1989, the Budget proposes

that Council borrow $11,865,000 to finance its Local Authorities Superannuation Fund (LASF) Liability and Capital Works, to progress acceleration of the Pavilion Strategy.

3. That pursuant to Section 130(2) of the Local Government Act 1989, Public Notice of

the decision be given. 4. That the Budget papers be initialled by the Mayor for identification and be the basis

for the adoption of the 2013/2014 Budget and Declaration of the Rates and Charges pursuant to Section 158 of the Local Government Act 1989.

5. That the Strategic Resource Plan (2013-2017) be updated for the balance of the Plan

for the consequential effects of the 2013/2014 Budget. 6. That Council adopts the proposed fees and charges as contained in Appendix F of

the proposed 2013/2014 Budget with an effective date of 1 July, 2013, with the following amendment:

Foreshore Camping – Off Season Package from $1,200 to $979 (noting: no

effect on income). Part B Declaration of Rates and Charges – Amount to be Raised 1. That it is intended to raise the amount of $131,707,837 for the rating year

commencing 1 July, 2013 to 30 June, 2014 by application of Rates and Charges detailed as follows:

Type of Property 2013/2014 $

General Land 104,191,973 Vacant Residential Land 4,792,631 Vacant Commercial Land 84,775 Vacant Industrial Land 217,251 Mornington Peninsula Agricultural Rate Land 1,876,845 Cerberus Land 39,891

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013 Adoption of the 2013/2014 Budget and Declaration of Rates and Charges for 2013/2014 ITEM NO. 2.5

Mornington Peninsula Shire Council 19

COUNCIL DECISION (CONT’D)

Part B (Cont’d) Declaration of Rates and Charges – Amount to be Raised (Cont’d)

1. (Cont’d)

Type of Property 2013/2014 $

Bluescope 840,000 Cultural and Recreational Land 137,626 Municipal Charge 17,289,540 Opt in Green Waste 2,177,305 Supplementary Rates 600,000 Land Sustainability Rebate (375,000) Heritage Rebate (65,000) Valuation Objections (100,000) Total $131,707,837

Basis of Valuation

2. That Capital Improved Value (CIV) be used as the basis for rating of all properties within the Mornington Peninsula Shire for 2013/2014.

3. That the determination of the 2013/2014 rates for all properties be based on

1 January, 2012 levels of property valuations returned to Council on 23 July, 2012 and as subsequently amended by supplementary valuations.

General Rates

4. A general rate be declared for the 2013/2014 Financial Year. 5. It be further declared that the general rate be raised by the application of

differential rates. Differential Rate Categories 6. A differential rate be respectively declared for rateable land having the respective

characteristics specified below, which characteristics will form the criteria for each differential rate so declared:

6.1 Residential Vacant Land – Any Land

A. On which there is no dwelling or like building designed or adapted for human habitation; and

B. Which is located within any of the following zones under the Mornington

Peninsula Planning Scheme:

Residential Zone 1;

Low Density Residential Zone;

Comprehensive Development Zone 1;

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COUNCIL DECISION (CONT’D)

Part B (Cont’d)

Differential Rate Categories (Cont’d)

6.1 Residential Vacant Land – Any Land (Cont’d)

Green Wedge Zone 4 (property less than 4,000 square metres); and

Special Use Zone 4.

6.2 Commercial Vacant Land – Any Land:

A. On which there is no building designed or adapted for commercial or like use; and

B. Which is located within any of the following zones under the Mornington

Peninsula Planning Scheme:

Business Use Zone 1;

Business Use Zone 4; and

Business Use Zone 5.

6.3 Industrial Vacant Land – Any Land:

A. On which there is no building designed or adapted for industrial or like use; and

B. Which is located within any of the following zones under the Mornington

Peninsula Planning Scheme:

Industrial Zone 3;

Special Use Zone 1; and

Special Use Zone 3.

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COUNCIL DECISION (CONT’D)

Part B (Cont’d) Differential Rate Categories (Cont’d)

6.4 Mornington Peninsula Agricultural Rate Land – Any Land:

A. Which is ‘farm land’ within the meaning of Section 2(1) of the Valuation of

Land Act 1960 but excluding any portion containing a residential, commercial or industrial building (or buildings) or an outbuilding or other similar form of improvement (including the curtilage to any principal residential or commercial building whether the curtilage is fenced off or not); and

B. For the purposes of this definition:

‘Curtilage’ means an area of land measuring 2,000 square metres

around the principal residential building or commercial building or industrial building. If there is both a principal residential building and a principal commercial or industrial building on such land, the curtilage will be the area around the residential building alone;

‘Residential building’ means a building used or designed or adapted for residential purposes;

‘Commercial building’ means a building used or designed or adapted

for commercial purposes; and

‘Industrial building’ means a building used or designed or adapted for industrial purposes.

6.5 General Land – Any Land Which Is Not:

A. Residential Vacant Land; B. Commercial Vacant Land; C. Industrial Vacant Land; and D. Mornington Peninsula (MP) Agricultural Rate Land.

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MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 15 JULY, 2013 Adoption of the 2013/2014 Budget and Declaration of Rates and Charges for 2013/2014 ITEM NO. 2.5

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COUNCIL DECISION (CONT’D)

Part B (Cont’d) Differential Rate Percentages 7. That each differential rate will be determined by multiplying the Capital Improved

Value of each rateable land (categorised by the characteristics described in part B paragraph 6 of this Resolution) by the relevant percentages indicated in the following table:

Category Rate

Cents in the $ of CIV

General rate for rateable general properties 0.19660 General rate for rateable vacant residential properties 0.23592 General rate for rateable vacant commercial properties 0.23592 General rate for rateable vacant industrial properties 0.23592 General rate for rateable MP Agricultural Rate properties 0.06881

8. It be recorded that Council considers that each differential rate will contribute to

the equitable and efficient carrying out of Council functions, and that:

8.1 The respective objectives of each differential rate be those specified in the Statutory Disclosures within the 2013/2014 Budget as adopted;

8.2 The respective types or classes of land which are subject to each differential rate be

those specified in the Statutory Disclosures within the 2013/2014 Budget as adopted ; 8.3 The respective uses and levels of each differential rate in relation to those respective

types or classes of land be those specified in the Statutory Disclosures within the 2013/2014 Budget as adopted; and

8.4 The relevant:

A. Uses of; B. Geographical locations of; C. Planning scheme zonings of; and D. Types of buildings on the respective types or classes of land be those identified

in the Statutory Disclosures within the 2013/2014 as adopted.

Curtilage on Properties Classified as Farmland 9. That pursuant to Sections 158 and 158A of the Local Government Act 1989, rate in

the dollar on CIV for general properties be levied for the 2013/2014 rating year on the curtilage component of all properties classified as farmland.

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COUNCIL DECISION (CONT’D)

Part B (Cont’d) Rebates 10. That pursuant to Section 169 of the Local Government Act 1989, a land sustainability

rebate of 25% on the land (net of curtilage) component of those properties that meet the criteria of the Land Sustainability Rate Rebate for the 2013/2014 rating year;

11. That pursuant to Section 169 of the Local Government Act 1989: 11.1 A Heritage Rebate of 25% (with a minimum of $100) on the rates levied on the

improvements of heritage properties listed in the Mornington Peninsula Planning Scheme; and

11.2 A Heritage Rebate of 12.5% (with a minimum of $50) on the rates levied on the

improvements of properties within a designated heritage precinct that meet the criteria of the Heritage Rate Rebate for the 2013/2014 rating year.

Municipal Charge 12. That pursuant to Section 159 of the Local Government Act 1989, a municipal charge

be declared in respect of the 2013/2014 financial year. 13. The municipal charge be declared for the purpose of covering some of the

administrative costs of Council. 14. The municipal charge be the sum of $180.00 per annum for each rateable land (or

part) in respect of which a municipal charge may be levied. 15. It be confirmed that the municipal charge is declared in respect of all rateable land

within the municipal district in respect of which a municipal charge may be levied. Services Charges 16. An annual service charge be declared for the collection and disposal of refuse taking

the form of green waste. 17. The annual service charge be the sum of $130.00 for each service of one 240 litre

green waste bin for each rateable land (or part) located within the eligible service areas in respect of which the owner has given notice to Council that the collection and disposal of green waste from the land is desired.

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COUNCIL DECISION (CONT’D)

Part B (Cont’d) Cultural and Recreation Lands Act 18. That pursuant to the provisions of the Cultural and Recreation Lands Act 1963, the

following rates be levied on the listed properties for the 2013/2014 rating year:

Property No. Property Rates 12018 Sorrento Golf Club $26,722.66 19983 Portsea Golf Club $21,627.18 54951 Rosebud Country Club Ltd $16,033.59 61372 Mornington Country Golf Club $9,352.94 87869 Devil Bend Golf Club $4,388.92 123392 Flinders Golf Club $10,689.07 15902 Flinders Yacht Club $1,373.08 17439 Rosebud Yacht Club Inc $1,144.31 26463 Rye Sailing Club $1,304.46 28769 McCrae Yacht Club $1,475.48 39007 Sorrento Sailing Club $3,864.54 46019 Safety Beach Sailing Club $1,534.43 46705 Blairgowrie Yacht Squadron $2,736.40 78645 Mount Martha Yacht Club $1,540.78 78974 Somers Yacht Club $1,680.81 80020 Rosebud Motor Boat Squadron $716.50 80912 Western Port Yacht Club $1,221.15 84465 Merricks Yacht Club $1,318.45 85013 Point Leo Boat Club $1,250.04 88027 Hastings Yacht Club $849.71 118429 Mornington Yacht Club $777.38 111616 Daveys Bay Yacht Club $2,681.98 98964 Canadian Bay Club $1,982.33 88029 Western Port Angling Club $277.44 27396 Carrington Park Club Ltd $2,738.14 84471 Merricks Beach Residents Assoc $526.54 62833 Mornington Racing Club $15,547.74 89370 Peninsula Aero Club $2,269.96 Total $137,626.01

Consequential 19. The rate of 10.50 per centum be specified as the Rate of Interest set by Council for

the purpose of Section 172(2) of the Local Government Act 1989 and be so set until a new rate is set in accordance with the Local Government Act 1989.

20. The Chief Executive Officer be authorised to levy and recover the general rates,

municipal charge and annual service charges in accordance with the Act.

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COUNCIL DECISION (CONT’D)

Part C That a workshop of interested Councillors be held to discuss how the budget process can include an enhancement of the existing ‘community input/discussion’ before the commencement of all future Council Budget discussions.

Carried

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REPORT TO Special Council Meeting ITEM NO. 2.6

MEETING DATE Monday, 15 July, 2013

SUBJECT Loan - Local Authorities Superannuation Fund Liability and Capital Works 2013/2014 (Acceleration of the Pavilion Upgrade Strategy)

PREPARED BY Geoff Emberson, Manager – Finance

AUTHORISED BY Director – Sustainable Organisation

ATTACHMENT(S) NO

VIEW REPORT RECOMMENDATION

1. That the Mornington Peninsula Shire Council accepts a loan offer from the Commonwealth Bank of Australia (CBA) for the amount of $11,865,000 at an interest rate of 3.5225% per annum, variable (current three month Bank Bill Swap Rate + 0.65%), with interest only repayments. Draw down: by 26 July, 2013.

2. That the Common Seal of the Mornington Peninsula Shire Council be affixed to the

contract documents. Attendance Having declared a Conflict of Interest in this item, Cr. David Gibb left the meeting prior to

discussion and voting.

COUNCIL DECISION

Moved: Cr. Shaw Seconded: Cr. Celi

That the recommendation be adopted.

Carried

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SECTION 3 – COMMITTEE AND INFORMATION REPORTS Nil. SECTION 4 – NOTICES OF MOTION

Nil. SECTION 5 – COUNCILLORS AND DELEGATES REPORTS

Nil. SECTION 6 – URGENT BUSINESS

Nil. SECTION 7 – CONFIDENTIAL ITEMS Nil.

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As there was no further business, the meeting closed at 5:33 p.m. CONFIRMED THIS 22ND DAY OF JULY 2013

……………………………………………………. CHAIRPERSON AUTHORITY TO STAMP INITIALS ON MINUTES I, Cr. Lynn Bowden, Chairperson – Council hereby authorise the use of a stamp of my initials to initial each page of these Minutes of the Special Council Meeting held on Monday, 15 July, 2013, confirmed on 22 July, 2013. …………………………………………………………………. (Cr. Lynn Bowden, Chairperson – Council) Dated this 22nd day of July 2013