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Council Chambers

Council Meeting summary - September 1

News Article Date: 
Tuesday, 2 September 2014

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

The below summary is unconfirmed until the Minutes of the September 1 meeting are accepted by Council.

1. Opening Prayer & Original Custodians Statement

2. Apologies

Cr Kelson and Cr Sycopoulis

3. Confirmation of Minutes

Council confirmed the Minutes of the August 11 Meeting.

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

Cr Askew declares a conflict for item 6.1

5.1 Update of Delegations

The Local Government Act requires all councils to review all delegations within 12 months of a Council election. This review was completed in 2013 and the amended Instrument of Delegations was adopted by Council on 9 September 2013.

Council subscribes to a delegations update service through Maddocks which provides periodic updates of delegations as a result of changes to legislation and regulation. This update of delegations is a result of the most recent changes received from the update service (June 2014).

Council supported the following recommendations:

Delegation to Members of Council Staff

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 B 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 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.

5.2       Financial Statements, Standard Statements & Performance Statement 2013/14 and Annual Report 2013/14

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. Narelle McLean, partner of Coffey Hunt is the appointed Auditor- General’s agent.

Sections 131-135 of the Local Government Act 1989 (LGA) and the Local Government (Finance and Reporting) Regulations 2004 deal with statutory procedures that govern the preparation of an Annual Report inclusive of standard statements, financial statements, report of operations, performance statement and auditor’s reports.

Council supported the following recommendations:

1. That Council, pursuant to Section 131(7) of the Local Government Act 1989 (“the Act”) approve in principle the 2013/2014 financial statements and standard 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, for the purposes of submission to the Auditor-General.

2. That Council, pursuant to Section 132(6) of the Act, approve in-principle the 2013/2014 performance statement.

3. That Councillor Michael Neoh and Councillor Kylie Gaston be authorised to certify the 2013/2014 financial statements and standard statements pursuant to Section 131(8) 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 2013/2014 performance statement pursuant to Section 132(7) of the Local Government Act 1989.

5. That Council endorse the direction and timetable for preparation of the 2013/2014 Annual Report.

5.3 Corporate Strategies Operations Report

The Corporate Strategies Directorate is largely an internal service provider to all parts of the organisation and provides a wide range of services which are outlined in this report.

Some highlights within the directorate include:

Technology One Stage 2 go-live.

Launch of Council’s new look website.

LGMA Management Challenge – Australasian champions.

2014 – 2015 Budget preparation and public notification.

Council received a quarterly report from the Corporate Strategies Directorate.

5.4       Final Draft Warrnambool Open Space Strategy

Council has undertaken an extensive process during the past year to engage with the community to develop a new open space strategy for Warrnambool.

In November 2013, Council released the draft Warrnambool Open Space Strategy for public comment. The Strategy provides an overarching framework for public open space in Warrnambool for until 2026. The Strategy also assists in priority setting and will enable Council to make informed decisions about future open space provision.

A draft Open Space Policy was also released for public comment. The draft Policy implements key policy directions contained within the draft Open Space Strategy. The purpose of the policy is to provide the general community, developers and Council staff with an understanding of Council’s objectives and approach to providing for open space in Warrnambool.

Feedback has been received to the draft Open Space Strategy and some changes have been made to the draft Strategy in response to submissions.

Council supported the following recommendations:

1. That Council adopt the Warrnambool Open Space Strategy (refer to Appendix A).

2. That Council adopt the Warrnambool Open Space Policy (refer to Appendix B).

3. That the adopted Plan and Policy be incorporated into the Warrnambool Planning Scheme (through the Warrnambool Planning Scheme Rewrite Project).

5.5       165 Swinton Street, Warrnambool - Proposed Development

On 21 July 2014, Council considered Planning Permit Application No. P2012-003 which proposed the use and development of a waste water treatment plant associated with an existing rendering plant at 165 Swinton Street, Warrnambool. The application also included associated earthworks, removal of native vegetation and a waiver of car parking requirements.

The report recommended that Council issue a Notice of Decision to Grant a Planning Permit for the proposed development. The recommendation was not supported and an alternate recommendation to decide the application was not resolved. Refer to Appendix A for a copy of the Council minute (attachments not included).

On 11 August 2014, the permit application was put before Council again. At this meeting, the recommendation put to Council was:-

That Council confirms that it does not support Planning Permit Application No. P2012-003 for the proposed use and development of a waste water treatment plant associated with an existing rendering plant at 165 Swinton Street, Warrnambool for the following reasons:

  • The site of the existing rendering plant is inappropriate
  • The site is adjacent to the primary coastal dune and Merri River wetlands
  • The site is located in a key tourism area
  • Lack of follow up with objectors following the onsite meeting

The motion was moved, however, it was not seconded and the motion lapsed. Refer draft Council minute - Appendix B.

Council did not support the following recommendations:

1.         That Council adopt the Warrnambool Open Space Strategy (refer to Appendix A).

2.         That Council adopt the Warrnambool Open Space Policy (refer to Appendix B).

3.         That the adopted Plan and Policy be incorporated into the Warrnambool Planning Scheme (through the Warrnambool Planning Scheme Rewrite Project).

A new motion was carried to support the recommendation made in item 6.4 of the July 21 Ordinary Meeting Agenda.

5.6       340 Wollaston Road Warrnambool – Planning Application Three (3) Lot Subdivision

The site is located at 340 Wollaston Road, Warrnambool. It is located on the north side of Wollaston Road and adjoins the Merri River on its eastern boundary. The site is 50.71 hectares, contains farmland and is used for grazing purposes. Refer to Appendix A - Locality Plan.

The surrounding land uses comprise agriculture and dwellings on rural living sized lots to the south and west of the subject site. The application proposes the subdivision of land into three (3) lots. Proposed Lot 1 is 15 hectares, Lot 2 is 15.02 hectares and Lot 3 is 20.69 hectares.

The report recommended that a Notice of Decision to Grant a Permit be issued subject to conditions.

Cr Ermacora proposed an alternative recommendation that Council not issue a planning permit on the grounds that it compromised Council's ability to protect fertile farming land. 

This alternative recommendation was supported by Council.

5.7       Adoption of Warrnambool Planning Scheme Amendment C88 - Review of Planning Controls, Former Warrnambool Woollen Mills Redevelopment, Harris Street, Warrnambool

In May 2014, Council’s City Strategy Unit completed a review of planning controls at the Warrnambool Woollen Mill site located on Harris Street, Warrnambool (the Review of Planning Controls - Former Warrnambool Woollen Mill, Harris Street report). In summary, the review of the planning controls recommended that the:

Boundary between the Residential 1 and Mixed Use zones should be amended to align with existing development / buildings.

Development Plan Overlay (DPO5) should be removed and that relevant provisions should be translated into a site specific schedule to the Mixed Use Zone (southern part of the site).

Environmental Audit Overlay should be removed from the northern part of the site.

Heritage Overlay should be amended to ensure that it aligns to places of primary heritage significance.

On 10 June 2014, Council determined to prepare and exhibit an amendment to the Warrnambool Planning Scheme (Amendment C88) to implement the above recommendations.

Council supported the following recommendations:

That Council:

Pursuant to Section 29(1) of the Planning and Environment Act 1987, adopt Warrnambool Planning Scheme Amendment C88 without changes (refer to Appendix A).

Pursuant to Section 31(1) of the Planning and Environment Act 1987, submit Warrnambool Planning Scheme Amendment C88 to the Minister for Planning for approval.

5.8       Surfside Holiday Parks - July 2014 - Peak Season Booking Process Update

Surfside Holiday Park is Warrnambool’s largest accommodation provider with the capacity to supply 1100 camp sites and 23 on site Cabins. Over the past two years administration of the booking process has achieved considerable productivity improvements with the use of BPAY and online booking systems through the Surfside Holiday Park web site.

The peak summer period has a high level of repeat visitation as well demand well in excess of the supply for sites. For the peak of summer a seven day minimum booking period for sites and cabins is set. The current booking process requires guests to book their site for the following year before they leave to secure the same site for the following year. A deposit is paid at the booking time to secure the site.

Surfside proposed to set rates for the 2015/16 Summer period so that when guests make their booking for the following summer, staff can provide an actual invoice of the final charge and timelines for when people need to make payments.

This process will allow guests to make a booking, pay a deposit and be provided with the final invoice avoiding the need to send out final invoices in August each year (4500 accounts).

Council adopted the Rates and Charges for Surfside Holiday Park 2015/16 Peak Season as shown in Appendix A.

5.9       Port of Warrnambool - Safe Boating Facilities - Update

There has been significant pressure applied to Council and Government agencies from various fishing and boating groups who are insistent that boating facilities in Warrnambool are inadequate and unsafe.

In response, Council has been following advice from the Port owner - Department of Transport Planning and Local Infrastructure (DTPLI) to clearly understand what process must be followed if Council is to introduce additional infrastructure into the Port of Warrnambool.

Council was briefed by senior members of the Department of Transport Planning and Local Infrastructure (DTPLI) when senior representatives from DTPLI visited Warrnambool in March 2013 to advise the necessary next steps required if Council is to pursue additional infrastructure.

The list of information set out below highlights the complexity of matters and level of detail required for Council to undertake a significant upgrade of boating facilities within the Port.

The information required included:

Complete further analysis of wave climate study in Lady Bay and analyse results
Ensuring technical scope of works addresses key issues
Access to technical expertise for study
Continue to review other recent local port and harbour redevelopment projects including funding models
Confirm redevelopment option
Prepare the Business Case (BC):
Establish funding model for BC;

Investigate:

Evidence of demand for improved facilities and a cost of service delivery model (DTF guidelines), including annual operating cost and dredging
Economic benefits for the region  Cost benefit analysis of options
Funding model for development, including Council’s contribution
Statutory approvals required

An environmental risk assessment and impact analysis will also be required.

In 2013 Council obtained funding to conduct wave testing within the Port of Warrnambool. Water Technology undertook long term wave measurement and wave climate analysis between July 2013 and November 2013. The methodology and results were presented to Council in January 2014 and included in subsequent presentations.

In accordance with the advice of DTPLI, Council made a funding application to address the requirements outlined at the DTPLI briefing.

Council has received written confirmation that funding has been approved of $240,000. The funding announcement was made by the Premier, The Hon. Dr. Denis Napthine MP on Friday August 22 2014.

Council endorsed the proposed next steps and nominated the Mayor, Cr. Michael Neoh and Councillor Brian Kelson to be the Council representatives for the Safer Boating Facilities Reference Group (SBFRG).

5.10     Adoption of the Municipal Emergency Management Plan

Under Victorian legislation, councils are required to assist with local planning and preparation for emergency events. The result of the emergency planning process Municipal Emergency Management Plan (MEMPlan) facilitated and adopted by Council however is the responsibility of a multi-agency Municipal Emergency Management Planning Committee (MEMPC) to review and update.

The last amendment to the MEMPlan was in December 2011 which then formed a significant part of an initial audit of the Council emergency management documentation and processes conducted in July 2012. An auditor engaged by SES prepared subsequent audit recommendations received by Council in August 2012.

The audit focused on documented risk assessments, recovery planning and emphasis on improving the process around emergency planning and implementation and included 14 recommendations for Council to address prior to being re-audited.

Of these recommendations, two were deemed to “fall short” with the other twelve considered improvement opportunities. Through the State Government Municipal Emergency Resourcing Program, Council has allocated resources to re-write the MEMPlan, develop emergency management documentation and facilitate emergency management planning activities to address these recommendations.

The MEMPlan is planned to be reviewed annually by the MEMPC and formally audited every 3 years. Any significant changes are typically endorsed by the MEMPC and then adopted by Council.

A re-audit by SES was conducted in March 2014 and subsequent audit report has been received.

Of the 24 assessment questions Council received an assessment rating of:

‘Complies’ for 17 of the requirements; and
‘Complies more than adequately’ (or Best Practice) for the remaining 7 requirements.

The audit report made 7 recommendations as outlined in Appendix A.

Council endorsed and adopted the Municipal Emergency Management Plan (MEMPlan) as presented.

5.11     Assembly of Councillors Records

Council received the report.

5.12     Mayoral & Chief Executive Council Activities – Summary Report

Council received the report.

6.         NOTICE OF MOTION

6.1       No. 2115         355

NO. 2115 - CR. MICHAEL NEOH

Notice is given that at the Ordinary meeting of Council to be held on Monday 1 September 2014, I proposed to move that the resolution that was carried at the Ordinary Council meeting held on 19 May 2014 and which states:-

1.         That under Section 163 (1A) of the Local Government Act 1989, Council resolves to give notice of its intention to declare a Special Rate under Section 163 of the Act (in accordance with the Declaration outlined in Appendix D) for the purposes of defraying expenses in undertaking promotion and development of the City as a place to live, work, invest, shop and visit, and

2.         That under Section 163 (1B) of the Act, Council proceeds with public notice of the proposed declaration in the Warrnambool Standard and the right of a person to make a submission under Section 163A of the Act (to be considered by Council in accordance with Section 223) and to make an objection under Section 163B of the Act., and

3.         That under Section 163 (1C) of the Act, a notice of the proposed declaration be sent to each person, including property owners and business operators, who will be liable for the proposed Special Rate within three days of the publication of the public notice.

be rescinded.

Contingent on the above motion being carried, I then propose to move that:-

1.        That under Section 163 (1A) of the Local Government Act 1989, Council resolves to give notice of its intention to declare a Special Rate under Section 163 of the Act (in accordance with the Declaration outlined in Appendix A) for the purposes of defraying expenses in undertaking promotion and development of the City as a place to live, work, invest, shop and visit, and

2.         That under Section 163 (1B) of the Act, Council proceeds with public notice of the proposed declaration in the Warrnambool Standard and the right of a person to make a submission under Section 163A of the Act (to be considered by Council in accordance with Section 223) and to make an objection under Section 163B of the Act, and

3.         That under Section 163 (1C) of the Act, a notice of the proposed declaration be sent to each person, including property owners and business operators, who will be liable for the proposed Special Rate within three days of the publication of the public notice.

Refer Appendix B Letter from Commerce Warrnambool in relation to the reduced levy amount.

Cr Gaston requested that the proposed annual levy increase outlined in Appendix A change from 3 per cent to the lesser of 3 per cent or CPI (Consumer Price Index).

The amended motion was carried by Council.

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