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Council chambers

Council meeting summary September 5, 2016

News Article Date: 
Tuesday, 6 September 2016

For more information and appendices for each item, view the Council Meeting Agenda.

The below summary is unconfirmed until the Minutes of September 5 Meeting are accepted by Council.
 
1. Opening Prayer & Original Custodians Statement

2. Apologies

None.

3. Confirmation of Minutes

Council confirmed the Ordinary Meeting of Council held on August 1 2016.

4. Declaration by Councillors and Officers of any Conflict of Interest in any Item on the Agenda

Cr Askew declared a Conflict of Interest in Item 5.1 and Cr Kelson declared a Conflict of Interest in Item 5.13.

5.1 2016/17 Community Development Fund

The Community Development Fund aims to provide assistance to local clubs and organisations through four funding categories to:

- Develop and provide sporting or recreational programs, projects and activities;

- Develop and provide cultural programs, projects and activities;

- Develop and conduct regional, national or international sporting, recreational or cultural events; and

- Develop and conduct environmental and/or sustainability projects.

Applicants can apply for up to $3,000 on a 2 for 1 basis.

Council supported the following recommendations (6-0):

That Council approve the funding under the 2016/17 Community Development Fund to the value of $72,689 to thirty-eight clubs and organisations as outlined in this report.

That all applicant organisations be advised of the outcome of the assessment process.

5.2 Annual Close-Down, Christmas/New Year Period 2016/17

It is usual for Council to consider its business hours during the Christmas/New Year period taking into account customer service and Council’s capacity to provide 24 hour emergency service.

Over recent years, during the Christmas/New Year period the Civic Centre and other establishments have been closed except for those areas where staff were partly or fully deployed for essential or emergency services, particularly having regard to those sites which operate at a higher level at this time of the year, such as holiday parks, AquaZone, Flagstaff Hill and the Visitor Information Centre.

Experience from previous years indicate there were only a very low level of customer requests received at the Civic Centre or depot. In addition, there is no special rates or account payment period which occurs between the Christmas/New Year period.

Council supported the following recommendation (7-0):

That Council approve the Christmas/New Year office closure arrangements for 2016/17.

5.3 Warrnambool City Council’s Fraud and Corruption Policy (2016)

The Fraud and Corruption Control Policy was last adopted by Council in 2013.

Council’s Audit & Risk Committee has provided oversight into the revision of the Policy (2016).

The adoption by Council of the revised Policy (2016) is in accordance with best practice and transparent good governance principles, and aims to provide assurance to the community that Council are managing fraud effectively.

Council supported the following recommendation (7-0):

That Council adopts the Fraud and Corruption Control Policy.

5.4 Council Plan 2013-2017 (as amended 2015): Strategic Indicators – June quarter (year-end) 2015/16

This report sets out progress on the 85 Strategic Indicators that are contained in the current

Council Plan 2013-17 (as amended 2015) and pertinent of for the year ended 30 June 2016.

Council supported the following recommendation (7-0):

That Council note the Council Plan – Strategic Indicators progress report for the quarter ended 30 June 2016.

5.5 Financial Statements and Performance Statement 2015/2016 and Annual Report 2015/2016

The Auditor-General is responsible under the Audit Act for the audit of Council’s general purpose financial reports and performance statement. These audits are conducted by contractors as agents of the Auditor-General. Kathie Teasdale partner of RSD Accountants is the appointed Auditor-General’s agent.

Sections 131-134 of the Local Government Act 1989 (LGA) and the Local Government (Planning and Reporting) Regulations 2014 deal with statutory procedures that govern the preparation of an Annual Report inclusive of financial statements, performance statement, report of operations and auditor’s reports.

Council has a statutorily set period in which to submit its audited annual statements to the Minister of Local Government of 30 September each year.

Council supported the following recommendations (7-0):

1. That Council, pursuant to Section 132(2) of the Local Government Act 1989 (“the Act”) approve in principle the 2015/2016 financial statements which have been subject to external audit by the Auditor-General’s agent, with the outcomes also having been reviewed by the Audit & Risk Committee.

2. That Council, pursuant to Section 132(2) of the Act, approve in-principle the 2015/2016 performance statement.

3. That Councillor Michael Neoh and Councillor Kylie Gaston be authorised to certify the 2015/2016 financial statements pursuant to Section 132(5) of the Local Government Act 1989, after any changes recommended by audit have been made.

4. That Councillor Michael Neoh and Councillor Kylie Gaston be authorised to certify the 2015/2016 performance statement pursuant to Section 132(5) of the Local Government Act 1989.

5. That the Annual Report be put out for Public advertisement and exhibition from Monday 3 October 2016 for a period of 14 days.

6. That Council endorse the direction and timetable for preparation of the 2015/2016 Annual Report.

5.6 Update of Council Delegations

Instruments of Delegation enable day to day matters to be delegated to members of Council staff in accordance with a variety of legislation under which Council operates including the Local Government Act 1989, the Planning & Environment Act 1987 and many other Acts and Regulations.

As amendments are made to legislation it is necessary for changes to be reflected in Council’s Instruments of Delegation.

This report takes into account recent legislative amendments and seeks Council’s approval for the revised Instrument of Delegation attached Appendix A.

Council supported the following recommendations (7-0):

In the exercise of the powers conferred by section 98(1) of the Local Government Act 1989 (“the Act”) and the other legislation referred to in the Instrument of Delegation to Members of Council Staff as in Appendix A to this report, (“the Instrument”) Council resolves that:

1. There be delegated to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached Instrument, the powers, duties and functions set out in that Instrument, subject to the conditions and limitations specified in that Instrument.

2. The Instrument comes into force immediately once the common seal of Council is affixed to the Instrument.

3. On the coming into force of the Instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) are revoked.

4. The duties and functions set out in the Instrument must be performed, and the powers set out in the Instrument must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

5.7 Proudfoots Boathouse Lease Renewal

The current Lessees, Proudfoots Pty Ltd, took over the lease of 2 Simpson Street Warrnambool in July 2014.

The business operates on Crown Land and Council is Committee of Management

The existing lease expires on 31 January 2020.

The current tenant has made a submission to surrender the current lease’s final term in favour of a renewed lease for a further 21 year period via direct negotiation and supplied documentation on the significate private investment held and proposed on the site in support of the application.

A lease under direct negotiation requires ministerial approval and a public notification and submission process as set out in the Crown Land Leasing Policy and Guidelines of the Department of Environment, Land, Water & Planning (DELWP)

The rent under the proposed lease would be at market value and have annual CPI and market review increments.

Council supported the following recommendation (7-0):

That subject to in principle agreement being granted by the Minister for Environment, Climate Change and Water Council agrees to seek the renewal of the lease for 21 years concluding on 31 January 2038 with Proudfoots Pty Ltd for the property known as 2 Simpson Street Warrnambool being “Proudfoots Boathouse”.

5.8 Planning Permit PP2015-0144 – 7 Stanley Street, Warrnambool

The application proposes an eight lot subdivision, removal of carriageway easement, construction of fencing and the removal of native vegetation.

Five objections have been received.

The keys areas of consideration include the purpose of the zone, the objectives of the design development overlay and whether the removal of native vegetation is appropriate.

For the reasons detailed in the planning assessment the planning permit application is supported.

Cr Askew moved the motion with an amendment to the effect that the space between the river and the land to be developed be increased to three metres.

Council supported the amended recommendation (7-0):

That a Notice of Decision to Grant a Permit be issued under Section 64 of the Planning and Environment Act 1987 for the land known as 7 Stanley Street Warrnambool, for the removal of carriageway easement, construction of fencing and the removal of native vegetation in accordance with the endorsed plans subject to 31 conditions.

5.9 Review of the Warrnambool Eastern Activity Centre Structure Plan

A review of the Warrnambool Eastern Activity Precinct Structure Plan has been undertaken by Mesh Pty Ltd.

A draft plan has been informally exhibited for four weeks.

Nine submissions have been received. The draft structure plan has been amended to respond to the submissions, where appropriate.

The draft structure plan has been restructured to create a separate Shared Infrastructure Plan.

Council supported the following recommendation (7-0):

That Council adopt the Warrnambool Eastern Activity Centre Structure Plan and the Warrnambool Eastern Activity Centre Shared Infrastructure Plan, Mesh Pty Ltd, August 2016.

5.10 Warrnambool Planning Scheme Amendment C83 – Premier Speedway Signage – Adoption of Amendment

Premier Speedway requested Council prepare an amendment to the Planning Scheme to enable the display of a business identification sign measuring approximately 51.8m2 in area.

Premier Speedway is located in the Farming Zone. Business identification signage greater than 3m2 is prohibited in the Farming Zone.

The Minister for Planning authorised Council to prepare the amendment and exempted Council from public notice, and agreed to reduced notice (2 weeks) to Prescribed Ministers and VicRoads.

No submissions have been received.

Council supported the following recommendations (7-0):

That Council

1. Pursuant to Section 29(1) of the Planning and Environment Act 1987 (the Act), adopt Warrnambool Planning Scheme Amendment C83.

2. Pursuant to Section 31(1) of the Act, submit Warrnambool Planning Scheme Amendment C83 to the Minister for Planning for approval.

5.11 Petition – For Council to Review the Posted Speed Limit on McKenzies Road, Bushfield

Council has received a petition with 93 signatures seeking a reduction in the speed limit on McKenzies Road.

In accordance with Council’s Local Law No. 1 Governance (Meeting Procedures) on 1 August, Council resolved that the petition shall lay on the table until the next Ordinary meeting.

This report provides a response to the petition and asks Council to support a review of the speed limit for McKenzies Road.

The review will investigate and identify current issues, and establish current road user behaviour and assess these against relevant guidelines.

Council supported the following recommendation (7-0):

That Council support a speed limit review of McKenzies Road, Bushfield.

5.12 Designated Truck Routes

On 7 March 2016 Council resolved “that a report be given to Council to create designated truck routes throughout our city that alleviates unnecessary dangers to citizens.”

Under the Heavy Vehicle National Law (HVNL) Council is either required to nominate gazetted routes or issue permits for use of special types of Heavy Vehicles on local roads (B-doubles, Oversized, Higher Mass, cranes, etc).

A draft designated truck route plan for the management of heavy vehicles on roads within the City has been prepared by Council officers for consultation with Local Stakeholders – Refer Appendix B.

Council supported the following recommendations (7-0):

That Council

1. Endorse the Draft Designated Truck Route Plan provide in Appendix B of the report for review and consultation with stakeholders and the community.

2. Continue to engage with state government for upgrades to arterial network for higher efficiency vehicles.

3. Consult with the community on the establishment of no truck zones in the Dennington Area as shown in Appendix B.

4. That Council refer the project implementation costs to the 2017/2018 budget.

5.13 City Centre Revitalisation – Variation Management

The purpose of this report is to confirm financial authority for the construction and associated works of the City Centre Revitalisation – Liebig Street between Raglan Parade and Koroit Street.

Council supported the following recommendations (5-1):

That Council:

1. Confirm that the Director City Infrastructure is authorised to approve variations for the City Centre Revitalisation Project – Liebig Street between Raglan Parade and Koroit Street construction contract; provided that variations are within Council’s approved budget.

2. Be provided with a summary of variations approved under this contract at the conclusion of the project.

5.14 Financial Support for the Alliance for Gambling Reform

The Alliance of Gambling Reform has requested Warrnambool City Council become an active supporter of the Alliance and provide financial support in 2016/17 financial year.

Support of the Alliance will provide access to campaigns and resources which can be used to increase local awareness of the harms associated with electronic gaming machines (pokies).

Council supported the following recommendation (7-0):

That Council support the Alliance for Gambling Reform and offer financial support of $5,000 in the 2016/17 year.

7.11 Assembly of Councillor Records

Council received the report (7-0).

7.12 Advisory Committee Reports

This report contains the record of one Advisory Committee meeting: the Warrnambool Airport Advisory Committee on Monday15 August 2016.

Council received the report (7-0).

7.13 Mayoral & Chief Executive Council Activities – Summary Report

Council received the report (7-0).

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