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Council meeting summary February 2, 2015

News Article Date: 
Tuesday, 3 February 2015

Ordinary Meeting of Warrnambool City Council

5.45pm  -  Monday 2 February 2015

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

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

 

1.         Opening prayer

Original custodians statement

2.         Apologies

Cr Jacinta Ermacora was an apology

 

3.         Confirmation of minutes

3.1       Ordinary Meeting of Council held on 1 December 2014.

Council confirmed the minutes of the meeting of 1 December (4-2)

 

4.         Declaration by councillors & officers of any conflict of interest in any item on the agenda

There were no declarations made

 

5.         Reports

5.1       Audit & risk committee independent member re-appointment

Purpose

This report recommends the re-appointment of an independent member to the Audit & Risk Committee.

Executive summary

This report seeks re-appointment of an independent member of Council’s Audit & Risk Committee for a further four year period.

Background

The Warrnambool City Council Audit & Risk Committee is established pursuant to Section 139 of the Local Government Act 1989 and is an advisory committee to Council.

The Committee has its own Charter which includes the Terms of Reference. In accordance with the Charter, and reflecting best practice, the Committee has five members of which three are independent members and two are current Councillors.

The tenure of each of the three independent members is staggered to ensure there is continuity in membership.  The current tenure of independent member, Mr Rod Coutts, expired on 31 December 2014.

Council unanimously supported the following recommendation.

That Mr Rod Coutts be re-appointed as an independent member of Council’s Audit & Risk Committee for a period of four years concluding on 31 December 2018.

 

5.2       Warrnambool City Council’s Risk Management Policy (2015)

Purpose

To seek adoption of the Warrnambool City Council’s Risk Management Policy (2015)

Executive summary

The Risk Management Policy was last ratified by Council in 2009.

The Australian Risk Management Standard (ISO 31000) recommends a risk management policy as the foundation for a robust and effective risk management framework.

Council’s Audit & Risk Committee has provided oversight into the revision of the Policy (2015).

A Risk Appetite statement has been introduced and included in the revised Policy (2015).

The adoption by Council of the revised Policy (2015) is in accordance with best practice and transparent good governance principles, and is a key point of reference used by Council’s Insurers and Auditors.

Background

Risk Management focusses on looking at tomorrow and the potential opportunities and undesirable future events utilising a proactive and disciplined approach it reduces decision making uncertainty and increases the potential mitigation options available.

The RMF sets out the foundations and organisational arrangements for managing risk. It includes the lines of authority, reporting, managerial and administrative mechanisms, guidelines and procedures for drawing together into a unified focus, the various aspects of risk management activities expected of a local government council.

Warrnambool City Councils RMF consists of the following key components:

 

1.         Risk Management Policy

2.         Risk Management Strategy

3.         Risk Management Procedures

4.         Risk Register

The framework represents the means by which risk management will be actioned by the various levels of authority within Council’s organisation. The components of the framework are designed to integrate with existing organisational arrangements and operate within the existing reporting structure of Council.

Council’s Risk Management Policy was last updated and adopted by Council in 2009.

Council supported the following recommendation (5-1):

That Council adopts the Risk Management Policy.

 

5.3       Warrnambool Planning Scheme Rewrite Project - endorsement of final report and proposed implementation (Warrnambool Planning Scheme Amendment C93)

Purpose

This report provides Council with an update on the Warrnambool Planning Scheme Rewrite Project and recommends that the final Report be endorsed by Council and that Council seek authorisation to prepare a Planning Scheme Amendment to implement the report’s recommendations (proposed Amendment C93).

Executive summary

This report provides an update on the Warrnambool Planning Scheme Rewrite project.

In late 2013, the Victorian State Government commenced a review of the State Planning Policy Framework (appointment of a Ministerial Advisory Committee).

The Warrnambool Planning Scheme Rewrite Project Interim Report was released for public comment in February 2014 while the review of the State Planning Policy Framework was undertaken.

In May 2014, the Ministerial Advisory Committee recommended the creation of a new Planning Policy Framework (based on the existing State Planning Policy Framework).

The State Government did not progress with implementation of the new Planning Policy Framework, and with the change in government in November 2014, it is unlikely to be implemented in the short-term.

Council officers have completed a final report on the Warrnambool Planning Scheme Rewrite project. The final report includes changes as a result of feedback received during the public exhibition process.

The recommendations below support the endorsement of the final draft final Report and support the implementation of key recommendations (proposed Amendment C93).

Background

Pursuant to Section 12B of the Planning and Environment Act 1987, Council is required to review its planning scheme following the adoption of the Council Plan. The Warrnambool City Council Plan 2013-2017 was adopted in June 2013.

 Council has completed a review of the Warrnambool Planning Scheme to ensure that it is streamlined, contemporary and reflects best practice industry standards.  The project included a full review of the planning scheme to identify policy gaps that the need to be addressed, either within the Local Planning Policy Framework (LPPF), or through the implementation of adopted plans and strategies (e.g. Warrnambool City Council Plan 2013-2017, Warrnambool City-Wide Housing Strategy 2013 etc.)

An important objective of the Warrnambool Planning Scheme Rewrite Project is to restructure the LPPF to provide a clear connection to the themes and policies in the State Planning Policy Framework (SPPF).

Council has undertaken an extensive process during the past eighteen months to engage with key government agencies and staff to inform the first four (4) stages of the Warrnambool Planning Scheme Rewrite Project. The process is summarised below:

Feedback has been received to the interim Planning Scheme Rewrite Project and some changes have been made to the report in response to submissions. See Appendix A for a copy of the final draft Warrnambool Planning Scheme Rewrite Project report.

Council is now invited to consider the final draft Warrnambool Planning Scheme Rewrite Project report with a view to endorsing the report and commence implementation (proposed Planning Scheme Amendment C93).

 

A motion put by Cr Peter Hulin to defer the following recommendations was defeated (Mayor’s casting vote).

That Council:

1.         Endorse the Warrnambool Planning Scheme Rewrite Project Report (Appendix A).

2.         In accordance with Section 8A of the Planning and Environment Act 1987 (the Act), seek the authorisation of the Minister for Planning to prepare an amendment to the Warrnambool Planning Scheme to implement the recommendations of the Warrnambool Planning Scheme Rewrite Project Final Report (Stage 1 - proposed Amendment C93).

3.         Following the authorisation of the Minister for Planning, in accordance with Section 19 of the Act, prepare and exhibit an amendment to the Warrnambool Planning Scheme to implement the recommendations of the Warrnambool Planning Scheme Rewrite Project Final Report (proposed Amendment C93).

 

A motion put by Cr Kylie Gaston to amend the original recommendation with the addition of making provision for view sharing was accepted (Mayor’s casting vote).

Council then supported the amended recommendations (Mayor’s casting vote).

 

 

5.4       Flagstaff Hill Maritime Village Renewal Project

Purpose

This paper provides Council with an update of the progress of the Flagstaff Hill Maritime Village Renewal Project.

Executive summary

Council last considered the renewal of Flagstaff Hill at the Council Meeting 6 October 2014.

Cr Askew is the nominated Councillor Representative on the Flagstaff Hill Advisory committee.

Council sought a further report on the progress and process for implementing the Renewal Project.

The total project has a budget of $2.95M with State Government committing $1.95M and Council the balance over two financial years (2014/15 and 2015/16).

The FHMV Renewal Project seeks to deliver a number of key works consistent with the completed FHMV Master Plan.

1.         Redesigned and Refreshed Night Sound and Light/Laser show (Approx. $2m)

2.         Incorporate Night Show technology into the guest experience of the day visit ($300k)

3.         Realignment of FHMV Reception areas to consolidate FHMV/Gift Shop and Warrnambool Visitor Information Centre ($250k)

4.         Address a number of site access issues for guests, both day and night ($125k)

5.         Upgrade and develop the Wharf area to allow for development of OH&S compliant boat work yard, improved access and consolidation of the floating fleet of ships in the business. ($275K)

The draft project brief is attached as Appendix A.

Council supported the following recommendation (Mayor’s casting vote):

That the draft project brief for the Flagstaff Hill Renewal Project be adopted.

 

 

5.5       Rail Freight Alliance

Purpose

That Council consider the formal appointment of a Warrnambool City Council delegate to the Rail Freight Alliance

Executive summary

This report recommends that Council nominate a Councillor to represent Warrnambool’s interests relating to rail freight.

The Rail Freight Alliance is made up of 24 rural and regional Local Government Councils from Central and Western Victoria and Southern NSW.  Councils have one appointed delegate.

It also advocates for the upgrading of all key rail lines and infrastructure in Victoria

There is significant opportunity to increase awareness of the current and future freight potential for the Warrnambool - Melbourne rail line.

Background

Warrnambool City Council has no appointed representative to the Rail Freight Alliance. Rail infrastructure is becoming critically important to sustainable, efficient and economical movement of the region’s freight task and the long-term development of key markets for our region’s produce.

The Rail Freight Alliance (formerly The Alliance of Councils for Rail Freight Development) is made up of 24 rural and regional Local Government Councils from Central and Western Victoria and Southern NSW. The Alliance formed in 1997 out of growing frustration with both the lack of rail connectivity within Victoria and neighbouring States and the lack of investment in Victoria’s antiquated rail freight system.

The Alliance’s Mission is to advocate for the standardization of all key rail lines in Victoria including those to Southern NSW and the South East of South Australia.

It also advocates for the upgrading of all key rail lines and infrastructure in Victoria to world-class transport standards.

The Alliance continues to work to ensure increased investment in Victoria’s Rail Freight Services to enable the efficient movement of freight right across Australia.

Council unanimously supported the following recommendation:

That Council appoints a Councillor (Cr Gaston) delegate to the Rail Freight Alliance commencing 2015.

 

5.6       Simpson Street tunnel investigation - update report

Purpose

This report provides an update on the existing condition of Simpson Street Tunnel following a walk through inspection carried out by RSP Environmental and recent investigations by Cardno Pty Ltd

Executive summary

Studies have shown that the Simpson Street drainage tunnel requires significant maintenance.

Four options have been evaluated and considered by Council.

Options include-

o          Partial re-sleeving and catchment upgrades.

o          Re-sleeving and new tunnel alignment.

o          Larger diameter tunnel on existing alignment.

o          Close existing tunnel and create a new alignment.

Combined costings range from $5.5m to $10.6m+.

The preferred option has 2 components being the partial re-sleeving of the tunnel and catchment diversion works.

The preliminary estimated cost of the works total $5.5m.

Council has budgeted $3m each over the 2014 / 15 and 2015 / 16 years.

Background

The Simpson Street Tunnel is approximately 725m long and runs from Raglan Parade along Simpson Street to Hopkins River Outlet through E J King Park.  The tunnel serves a catchment area of 31.8 hectares and is Warrnambool’s most significant drainage area.

The tunnel was constructed using various techniques and is made up of various sections of corrugated iron pipe, bluestone lined channels, natural earth channels and concrete pipes.   There is also a sewer line running through this tunnel.

Investigations to date have found issues with both the structural condition and the hydraulic capacity of the tunnel.  The tunnel was found to be in a poor state and is severely deteriorating in certain sections.  Given the area of the catchment of the tunnel, failure to restore the tunnel would cause major consequences for the properties in the catchment area ie. the Northeast area of Warrnambool.

 

Council unanimously supported the following recommendations:

That Council,

Approve the lining of the tunnel as stage 1 works and to

Continue negotiation with the Warrnambool Racing Club to implement a flood protection and stormwater harvesting project.

 

 

5.7       Port of Warrnambool – safer launching and retrieval of boats – engagement strategy

Purpose

This report seeks Councils adoption of the Stakeholder Engagement Strategy for the Safer Launching and retrieval of boat at the Port of Warrnambool.

Executive summary

Work has commenced on identifying the options for improvements to boat launching facilities in Lady bay.

Technical and Community Working Groups have been established.

Two workshops have been held that discussed the project challenges and opportunities and the community engagement required.

The Community Working Group have proposed a Stakeholder Engagement Strategy.

Background

The ‘PORT OF WARRNAMBOOL - SAFER LAUNCHING AND RETRIEVAL OF BOATS’ project will result in the preparation of a Master Plan for the Warrnambool Harbour and address issues regarding boating safety and facilities.

Two joint inception meetings / workshops of the Community and Technical Reference Groups were held during the first week of December 2014.

The 1st Meeting / Workshop was held on Tuesday 2 December.  Reference Group members were briefed on the project background and discussed project challenges and opportunities, and key priorities were confirmed.

The 2nd Meeting / Workshop was held on Wednesday 3 December.  Reference Group members were briefed on the purpose of community engagement.  Engagement objectives, stakeholder mapping, tools and techniques were discussed and established.

A ‘Stakeholder Engagement Strategy’ was subsequently prepared utilising information obtained from the workshops.  The strategy was then distributed to members of the Community and Technical Reference Groups for information and comment.

The ‘Stakeholder Engagement Strategy’ is now being presented to Council for adoption.

 

Council unanimously supported the following recommendation:

That Council adopts the attached ‘Stakeholder Engagement Strategy’ for the Safer Launching and retrieval of boat at the Port of Warrnambool.

 

5.8       Construction Of Horne Road - Stage 2 Works

Purpose

This report provides information on Council’s delivery to construct Horne Road, specifically Stage 2 works.

Executive summary

This report provides information on Council’s delivery to construct Horne Road, specifically Stage 2 works including:

Scope to include road widening, kerb and channel and drainage between Dales Road and Rodgers Road.

Works are being delivered under the existing Horne Road project and budget.

Horne Road construction budget of $8.3 million funded by State Government $3.6 million, developers $2.6 million and Council $2.1 million.

Stage 1 works included road, intersection, drainage and some kerb works.

Stage 1 completed May 2014 for $6 million.

Stage 2 works comprise kerb and channel, road widening and minor drainage works.

Not possible to undertake Stage 2 works as part of Stage 1 as the developers had not submitted the Development Plan Overlay.

Stage 2 works estimated at approximately $1.2 million, being with the overall project budget.

Tenders will be called in February 2015.

Background

Further to the completion of Horne Road Stage 1 works in 2014 which completed an upgrade to sealed road pavement and improvements to intersections (i.e. Wangoom Road), documentation has now been prepared to tender for Stage 2 works.

Horne Road Stage 2 works relate to the road widening and urbanization of the road along the frontage of the industrial zoned land between Dales Road and Rodgers Road. Tenders for these Stage 2 works are to be advertised in February 2015 and include the following civil construction activities:

Traffic management;

Earthworks;

Underground drainage construction;

Road pavement construction;

Asphalt surfacing;

Bitumen sealing works;

Concrete kerbs, kerb & channel work, and paving; and

Revegetation works.

 

Council unanimously supported the following recommendation:

That Council endorse the Stage 2 project and that tenders be called for the works.

 

 

5.9       Emergency management – role of local government

Purpose

This report provides information on Council’s role in Emergency Management and the framework in which Emergency Management personnel operate.

Executive summary

Significant changes are occurring in the area of emergency management and Council responsibilities.

Major changes are primarily around-

o          Planning for response to emergencies

o          Planning for recovery from emergencies

o          Preparation for Code Red Days.

The changes are placing significant responsibilities upon the-

o          Municipal Emergency Response officer and Deputy.

o          Municipal Recovery Manager

o          Municipal Fire Prevention Manager

o          Municipal Emergency manager

 

This report is to update Council of the works undertaken and delegates responsibilities.

A further report will be submitted to Council in March detailing Council’s proposed response to Code Red days.

Background

Local government plays an important role in emergency management, both in partnership with others, and through its own legislated emergency management obligations. Councils are not emergency response agencies but have a long-established role providing support to response agencies and coordinating relief and recovery support for the community.

 

The role of local government in emergency management has been constantly changing and expanding in recent years with a number of position papers and guidelines being developed, with the established Emergency Management Victoria (EMV) the lead department. The previous Victorian Government had released a White Paper on emergency management reform which has indicated the role of local government in legislation should be reviewed.

Council supported the following recommendation (5-1)

That Council receives this report for information.

 

5.10     Footpath Trading Policy

Purpose

This report provides information on the review and update of Council’s Footpath Trading Policy to be adopted by Council.

Executive summary

Council’s 2007 Footpath Trading Policy has been reviewed and updated to address current issues associated with foot path trading in the City.

The intent of the review and update is to encourage high quality and innovative street trading while ensuring a safe pedestrian environment.

Background

Council’s Footpath Trading Policy (the Policy) was first adopted in 2007 to provide a safe pedestrian environment and facilitate street trading opportunities.

The purpose of the Policy is to provide guidelines to traders on the placement of goods on the footpath, such as A-frames and outdoor dining furniture. The Policy has been reviewed and updated to address current issues and provide further flexibility to encourage high quality and innovative street trading.

Council unanimously supported the following recommendation:

That Council adopts the 2015 Footpath Trading Policy.

 

 

5.11     2015/16 Country Football Netball Funding Program

Purpose

This report presents an application that has been prepared for submission to Sport and Recreation Victoria’s 2015/16 Country Football Netball Funding Program.

Executive summary

Council has been working with the Dennington Recreation Reserve User Groups to develop the project over the past few years.

The proposed project incorporates the following renewal and improvement priorities:

o          New home and redeveloped away football change rooms and amenities that meet the AFL Preferred Facility Specifications for District Level facilities.

o          New male and female umpire change rooms.

o          Converting the existing umpires change room to a netball change room.

The cost of the project is estimated to be $524,500

The project funding model includes the following contributions:

o          Dennington Recreation Reserve User Groups          $100,000

o          In kind labour and donated materials                          $115,000

o          Philanthropic Trusts                                                    $45,000

o          Council                                                                        $174,500 (over three years)

The funding application to Sport and Recreation Victoria’s Country Football Netball Program is seeking $90,000.

If the application is successful, detailed design would commence in July 2015 and construction in 2016.

BACKGROUND

The Department of Transport, Planning and Local Infrastructure (DTPLI) has invited applications to Sport and Recreation Victoria’s (SRV) 2015/16 Country Football Netball Program (CFNP).

In recent years successful applications have resulted in the following projects:

Merrivale Recreation Reserve Netball Change Rooms

Reid Oval Stage 1 Redevelopment

Allansford Recreation Reserve Netball Facility

 

Council will now seek funding support for the Dennington Recreation Reserve Pavilion Redevelopment

A summary of the history of the work undertaken by Council with the Reserve’s User Groups is outlined below:

2011 - User Groups identified improvements to the Kelson Pavilion as their highest priority at the Reserve. Council and the User Groups agree to undertake a redevelopment plan for the building.

 

2011 – 2014 - Four revisions of plans have been completed over the three year time frame. The scope was refined from a full scale building redevelopment to a staged improvement plan focussing on the following outcomes:

1.         New home and redeveloped away football change rooms and amenities that meet the AFL Preferred Facility Specifications for District Level facilities.

2.         New male and female umpire change rooms.

3.         Converting the existing umpires change room to a netball change room.

4.         Redeveloped kitchen and canteen

 

Council unanimously supported the following recommendation:

That this report be received.

 

5.12     Advisory Committee Reports

Purpose

This report contains the record of four Advisory Committee meetings.

REPORT

1.         International Relations Advisory Committee - refer Appendix A

Tuesday 25 November 2014

2.         Warrnambool Livestock Exchange Advisory Committee – refer Appendix B

Monday 8 December 2014

3.         Landscape & Development Advisory Committee – refer Appendix C

            Wednesday 10 December 2014

4.         Warrnambool Regional Airport Advisory Committee – refer Appendix D

            Monday 15 December 2014

Council supported the following recommendation (5-1)

That the reports be received.

 

 

5.13     Assembly of Councillors Records

 

Purpose

The purpose of this report is to provide the record of any assembly of Councillors, which has been held since the last Council Meeting, so that it can be recorded in the Minutes of the formal Council Meeting.

Background information

The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed.

A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is:

1.         A planned or scheduled meeting that includes at least half the Councillors (5) and a member of Council staff; or

2.         an advisory committee of the Council where one or more Councillors are present.

The requirement for reporting provides increased transparency, particularly the declarations of conflict of interest.

 

Council unanimously the following recommendation:

That the information be received.

 

5.14     Mayoral & Chief Executive Council – Summary Report

Purpose

This report summarises Mayoral and Chief Executive Council activities since the last Ordinary Meeting which particularly relate to key social, economic and environmental issues of direct relevance to the Warrnambool community.

Council unanimously supported the following recommendation:

That this report be received.

 

6.         Notices Of Motion

6.1       Notice Of Motion - No. 2118

Notice is given that at the Ordinary Meeting of Council to be held on Monday 2 February 2015 -

“I move that the Council passes a motion of No Confidence in the Warrnambool City Council CEO Mr Bruce Anson and at our earliest convenience ask the new Labor Minister for Local Government to appoint a Monitor to oversee the running of The Warrnambool City Council until Mr Bruce Anson’s contract expires.”

Cr. Peter Hulin

The motion was defeated (Mayor’s casting vote).

 

6.2       Notice of Motion - No. 2119

Notice is given that at the Ordinary Meeting of the Warrnambool City Council to be held on Monday, 2 February 2015, I propose to move :

“1.        That RIPL be thanked for its current expression of interest in relation to the future of the Warrnambool Livestock Exchange, and that RIPL be formally advised that the Warrnambool City Council has no objection to RIPL determining to proceed on its own account to develop its own new regional livestock exchange on a site in south western Victoria that RIPL deems to be suitable for its purposes, even though any future regional livestock exchange may be in direct competition with the Warrnambool Livestock Exchange.

2.         That RIPL be formally advised that it is the intention of the Warrnambool City Council to continue to manage and operate the Warrnambool Livestock Exchange in the foreseeable future”.

Cr. Brian Kelson

Council unanimously supported the motion.

 

6.3       Notice of Motion - No. 2120

Notice is given that at the Ordinary Meeting of the Warrnambool City Council to be held on Monday, 2 February 2015, I propose to move :

“That in the 2015-16 budget year, Warrnambool City Council include an estimated amount of $18,000 in the 2015-16 budget estimates for the implementation of audio and video recording of all Ordinary Meetings of Council with view on demand from a public website to begin as soon as practicable after

1 July 2015,”

Cr.Peter Sycopoulis

Council supported an amendment to this motion proposed by Cr Gaston to remove video recording and retain audio recording (Mayor’s casting vote).

Council then supported the amended motion (Mayor’s casting vote).

  

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