For more information and appendices for each item, view the Council Meeting Agenda above.
The below summary is unconfirmed until the Minutes of the October Meeting are accepted by Council.
1. Opening Prayer & Original Custodians Statement
2. Apologies
None
3. Confirmation of Minutes
That the Minutes of the Scheduled Meeting of Council held on 5 September 2022 (7-0).
4. Declaration by Councillors and Officers of any Conflict of Interest in any Item on the Agenda
None
5. Mayoral Presentation
6. Petitions and Joint Letters
6.1. PETITIONS - OBJECTION TO PROPOSED RELOCATION OF WARRNAMBOOL ART GALLERY TO CANNON HILL
Written and electronic petitions have been received with 5,013 combined signatures lodged by David Atkinson OAM JP, Brian Guyett and Ray Lougheed Objecting to the proposed relocation of Warrnambool Art Gallery to Cannon Hill.
At the Scheduled Meeting of Council held on 1 August 2022, Council considered a report on the proposed development of a Business Case for a new Warrnambool Art Gallery.
The motion carried at the 1 August 2022 Council meeting was:-
“That a Business Case be developed using the Cannon Hill site for a new state-of-the-art Regional Gallery in Warrnambool.”
In accordance with Clause 25 of the Governance Rules pertaining to Petitions and joint Letters, the only motions that may be considered for any petitions are:-
(a) that the petition be received;
(b) that the petition be referred to the Chief Executive Officer for consideration and response; or
(c) that the petition be referred to the Chief Executive Officer for an Officer Report to a future Council Meeting.
Given that work is currently underway in support of the aforementioned resolution, it is recommended that the appropriate motion be that the petition be received. The subject matter of the petition will be taken into account when the outcome of the Business Case is considered by Council.
Council supported the following recommendation (7-0):
That in accordance with the Governance Rules, the petition lodged Objecting to the proposed relocation of Warrnambool Art Gallery to Cannon Hill, be received.
7. Public Question Time
8.1. AMENDMENT TO GOVERNANCE RULES - CONDUCT OF VIRTUAL COUNCIL MEETINGS
The State Government have passed the Regulatory Legislation Amendment (Reform) Act 2022.
This piece of legislation amends the Local Government Act 2020 (the Act) to provide for Councillors and members of delegated committees attendance and participation in virtual and hybrid (combination of virtual and in person) Council meetings and delegated committee meetings.
The proposed changes to Council’s Governance Rules were considered at the Scheduled Meeting of Council held on 5 September 2022, with Council resolving to place the amendments to the Governance Rules on public exhibition.
The proposed changes to the Governance Rules were placed on public exhibition with submissions open to be received via direct submission, or to yoursaywarrnambool.com.au. One (1) submission was received.
Council supported the following recommendation (7-0):
That Council adopt the Governance Rules, as at Attachment 1 of this report, to provide for Councillors and members of delegated committees attendance and participation in virtual and hybrid (combination of virtual and in person) Council meetings and delegated committee meetings.
8.2. ANNUAL REPORT 2021-2022
Under section 100 of the Local Government Act 2020, the Mayor must report on the implementation of the Council Plan by presenting the Annual Report at an open Council meeting.
This annual report covers the financial year 2021-2022 and reports on the progress Council has made against the objectives in the Council Plan 2021-2025.
The Annual Report comprises three main sections: an operations report, performance statement and financial statements – refer Attachment 1 – 2021-22 Annual Report.
Among the highlights of the year was the completion of the Reid Oval redevelopment. The upgrade included a new surface built to AFL Victoria and Cricket Victoria standards, improved lighting and a new accessible, inclusive pavilion that enables female participation.
Work continued on the new Warrnambool Library and Learning Centre which will replace the current library. The new library, constructed in partnership with South West TAFE, is situated on the TAFE campus in Kepler Street and will provide about four times the floor space of the existing library.
Work also began on the upgrade of the Lake Pertobe Adventure Playspace which will ensure that this key recreational space continues to be a drawcard for residents and visitors to the city.
The replacement of Edwards Bridge will restore a second access point to the foreshore precinct and will have the capacity to accept heavier vehicles. It will also have improved safety for pedestrians and cyclists.
In late 2021 our Library staff made themselves available to help people access and display their COVID vaccination certificates and Warrnambool was involved in the trial to progressively open a “vaccinated economy”.
Council began installing large photovoltaic arrays on major buildings including the Warrnambool Art Gallery, AquaZone, the Civic Centre and Archie Graham Community Centre as the effort towards having zero net greenhouse gas emissions from Council operations by 2026.
The 2022 Community Satisfaction Survey contained some very pleasing results with the community expressing greater levels of satisfaction across all key measures including overall Council direction.
Operating expenditure for 2021-22 was tightly controlled and council’s operating income and expenditure were within 8% and 6% respectively of the Annual Budget adopted in June 2021.
In 2021-22, council achieved a surplus of $18.445 million.
Council supported the following recommendation (7-0):
That Council endorses the Warrnambool City Council Annual Report 2021-2022.
8.3. INFORMATION COMMUNICATIONS TECHNOLOGY SHARED SERVICES JOINT VENTURE ESTABLISHMENT
This is the formalization of the shared service arrangement has been in place since the adoption of an endorsement by Council at a meeting on 25 March 2019 of the shared ICT project. The adoption of the joint venture gives the form and substance to the informal arrangement that have been in place and sets the mechanisms for which the three Councils can work together plan together and resolve any issues related to the operation of this shared services venture.
Council supported the following recommendations (7-0):
That Council:
1. Having complied with Division 3 of Part 5 of the Local Government Act 2020, Council enters into, establishes and operates the South West Councils ICT Alliance as a joint venture on the terms set out in the South West Councils ICT Alliance Joint Venture Agreement attached to this Report as Attachment 1; and
2. Notes that, in accordance with:
a) Clause 5.1.1(a) of the South West Councils ICT Alliance Joint Venture Agreement, the Chief Executive Officer is appointed to the Joint Venture Governance Committee; and
b) Clause 5.1.1(b) of the South West Councils ICT Alliance Joint Venture Agreement, the Chief Executive Officer will nominate one staff member to the Joint Venture Governance Committee, being Council’s Director Corporate Strategies; and
3. Authorises the Chief Executive Officer to:
a) Sign and affix Council’s common seal to the South West Councils ICT Alliance Joint Venture Agreement attached to this Report as Attachment 1 including schedules 3 and 4 previously provided to Council under separate cover.
b) Exercise Council’s rights and powers under the Joint Venture Agreement on Council’s behalf.
8.4. DEVELOPMENT PLAN APPLICATION DP2022-0005 - 147 WOLLASTON ROAD
Council has received a Development Plan (DP) prepared by proUrban planning consultants for land at 147 Wollaston Road (LOT 1 TP99782 and LOT 1 TP884446) situated between Wollaston Road and the banks of the Merri River.
The site has an area of approximately 24.8 hectares and is within the North of the Merri River Growth area, and jointly the General Residential zone (GR1Z) and Urban Floodway zone (UFZ), which anticipate residential use and development with appropriate consideration for flood prone areas.
The Development Plan as submitted comprises:
- A nominated residential subdivision along the eastern boundary serviced by a single access from Wollaston Road and a carriageway easement for possible future access across the river,
- Fifty-two (52) lots ranging in size from 698m² to 957m² with a density level of 10.4 lots per hectare (slightly below target of 12),
- The balance of the residential zoned area shown as suitable for a retirement village on a single lot, where specific information about development has not been provided on the plan,
- The remainder of the urban floodway zoned area shown as ‘golf course / open space’, with a 36 metre section of ‘creek reserve’ showing retained/re-instated vegetation and a public pathway.
- The Development Plan was subject to internal and external referrals as required.
- The Development Plan was placed on exhibition for a non-statutory period of two (2) weeks and three (3) submissions were received.
- The new Development Plan is generally consistent with the Development Plan Overlay requirements and relevant provisions of the Warrnambool Planning Scheme, under condition that any open space is not held privately, and is therefore appropriate to endorse.
- If the Development Plan is endorsed a planning application will be subject to further assessment by Council.
Council did not support the following recommendation (3-4):
That non-statutory notice was given of the application and having considered all the matters normally required under Section 60 of the Act for planning applications, Council should approve the development plan under the relevant provisions of the Warrnambool Planning Scheme in respect of the land known and described as Lot 1 on Title Plan 99782 and Lot 1 on Title Plan 8844446 at 147 Wollaston Rd, WARRNAMBOOL VIC 3280, which seeks to facilitate future residential, retirement village and open space development on site with the following required changes:
1. Provision of the floodplain corridor as public open space in accordance with the Development Plan Overlay Schedule 10 and the North of the Merri River Structure Plan.
2. Agreement to receive a follow up report on proposed leasing of portions of the public open space for use as a golf course connected to the retirement village that facilitates required drainage infrastructure, shared path corridors along the eastern and southern boundaries and landscaping enhancements to the satisfaction of the authority and the GHCMA.
8.5. FLAGSTAFF HILL MARITIME VILLAGE - COMMENCEMENT OF BUSINESS CASE AND MASTER PLAN
Department of Jobs, Precincts and Regions (DJPR) Enabling Tourism Fund. The overarching purpose of the Enabling Tourism Fund is to support market testing and identify strategic and innovative projects to diversify and differentiate visitor experiences and increase visitor spend.
The grant funding will be used to develop a Business Case and Master Plan to inform the future directions of the Flagstaff Hill Maritime Village precinct (‘the Project’).
Key objectives of the Project will be to:
- Review and assess the current attraction and offering in the FHMV precinct;
- Consider and evaluate future opportunities and options for the FHMV precinct such as tourism product positioning, leveraging the strengths of the site to align to product gaps and integration with surrounding land uses;
- Identify physical infrastructure constraints and site land use, ownership, zoning and heritage considerations for Master Plan scenario development; and
- Investigate investment (private sector and government) opportunities and/or public facility colocation opportunities;
There will be extensive consultation built into the Project to ensure a broad representation of stakeholders are given the opportunity to contribute their ideas. This consultation program will include community drop-in sessions, stakeholder meetings and workshops, and a community survey. The community and stakeholder consultation phase is expected to commence in November 2022. The Project will be delivered via a consultancy engagement and is expected to be completed early 2023.
A Project Reference Group will be established to provide oversight of the Project and will comprise representation from Council (Councillors and Officers), State Government (DJPR, DELWP), Community volunteers (Friends of Flagstaff Hill) and Great Ocean Road Regional Tourism.
Council supported the following recommendation (7-0):
1. Council note the commencement of a Business Case and Master Plan to inform the future directions of the Flagstaff Hill Maritime Village (FHMV) precinct; and
2. That Cr Akoch, Cr Arnott and Cr Ziegeler form part of the Project Reference Group for the duration of the Project.
8.6. AWARD OF CONTRACT 2022032 - MCGENNAN'S AMENITY BLOCK
A public tender was advertised on Saturday 6 August 2022 inviting tender submissions from suitably qualified and experienced contractors to carry out works to undertake the construction of the McGennan’s Amenity Block.
Close of tenders was 2:00pm 9 September 2022, although many companies downloaded the tender documents through the online portal, only one submission was received. The submission was from Bolden Constructions Pty Ltd.
The submission received has been assessed by the tender assessment panel.
The price received was in the budget range and what was originally estimated.
Officers' recommendation is to proceed with the tender offer provided by Bolden Constructions Pty Ltd for the tendered amount of $739,987.54 excluding GST.
Council supported the following recommendation (7-0):
That Council:
1. Award Contract No. 2022032 McGennan’s Amenity Block to Bolden Construction Pty Ltd for the tendered amount of $739,987.54 excluding GST, with a total delegated award value of $813,986.30 Inc. GST.
2. Authorise the CEO to deliver the McGennan’s Amenity Block in accordance with the contract within the CEO’s financial delegations.
3. Accept Schedule 2D Daywork Rates offered to undertake any extra works over and above the lump sum price if required, provided that additional works can be accommodated within the Project budget.
4. Authorise the CEO to sign, seal and vary the contract as required.
8.7 ADVISORY COMMITTEE & REFERENCE GROUP REPORTS
This report contains the record of two Advisory Committee meetings.
1. Environment & Sustainability Advisory Committee – 1 September 2022 – refer Attachment 1.
2. Planning Advisory Committee – 7 September 2022– refer Attachment 2
Council received the report (7-0).
8.8 INFORMAL MEETINGS OF COUNCIL REPORTS
Section 80A(2) of the Local Government Act 1989 required the record of an Assembly of Councillors to be reported at an ordinary Council meeting.
Assembly of Councillor Records are no longer a requirement in the Local Government Act 2020 as of 24 October 2020. However, under Council’s Governance Rules, a summary of the matters discussed at the meeting are required to be tabled at the next convenient Council meeting and recorded in the minutes of that Council meeting.
The record of the following Informal Meetings of Council are enclosed:-
Monday 12 September 2022 – refer Attachment 1.
Monday 19 September 2022 – refer Attachment 2.
Monday 26 September 2022 – refer Attachment 3.
Council received the report (7-0).
8.9 MAYORAL & CHIEF EXECUTIVE COUNCIL ACTIVITIES – SUMMARY REPORT
Council received the report (7-0).
9. Notice of Motion
10. General Business
11. Urgent Business
12. Close of Meeting