5 December 2022

Meeting Date:
Agenda:
Supporting Documents:

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

Cr Paspaliaris

3. Confirmation of Minutes

That the Minutes of the Scheduled Meeting of Council held on 7 November 2022 (6-0).

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

Cr Ziegeler Declared a Conflict in Item 7.4.

5. Mayoral Presentation

6. Public Question Time

7.1. APPOINTMENTS TO ADVISORY COMMITTEES & EXTERNAL BODIES

This report considers Councillor representation on the various Council Advisory

Committees and external bodies with which Council is associated for the 2022-2023 Council year.

Council supported the following recommendations (6-0):

1. That Councillor representatives and delegates to the Advisory Committees and external committees for the 2022-2023 Council year be approved as per Attachment 1 to this report, and that relevant advisory bodies and external committees be advised accordingly.

2. That community membership of the Community & international Relations Advisory Committee, Economic Development & Tourism Advisory Committee, Environment & Sustainability Advisory Committee and Planning Advisory Committee be increased from 5 to 8 members.

3. That community nominations for 3 additional members on each of the listed advisory committees be advertised.

7.2 GRANTS POLICY

A recommendation made as part of the VAGO audit in Local Government grants was that a policy regulating grants programs run by Council be created.

The Draft Grants Policy has subsequently been developed to support Council with any current and future grants programs.

The draft Grants Policy is now presented to Council for their consideration – refer Attachment 1.

Council supported the following recommendation (6-0):

That Council adopt the Grants Policy, as attached.

7.3 CUSTOMER SERVICE CHARTER

Council’s Customer Service Charter describes Warrnambool City Council’s commitment to the community it serves. It describes the standards of customer service we strive to provide to customers across the whole of Council.

The current charter, adopted in 2019, has been reviewed by Councillors, staff and been through a Gender Impact Assessment as required under the Gender Equality Act (2020).

Once the Customer Service Charter is reviewed and a new draft adopted by Council, the Charter would then serve as a guiding document for the development of a new Customer Service Strategy.

Council supported the following recommendations (6-0):

That Council releases the Draft Customer Service Charter 2022-2032 for community feedback.

7.4 SHORT STAY ACCOMMODATION LOCAL LAW

Council’s 2022-23 Budget proposed to introduce a $400 fee for short-term accommodation providers. This was in line with actions taken by other municipalities to address the inequity between registered visitor accommodation providers (e.g. motels and hotels) who pay a commercial rate and must meet strict registration requirements, and those also providing visitor accommodation through newer platforms such as Airbnb who do not.

In order to implement the new fee, Council has proposed to develop and adopt a local law specific to short stay accommodation. This local law would also introduce a code of conduct for property owners places responsibilities on them for anti-social behaviour. As part of any local law change, it is subject to community consultation.

Council supported the following recommendations (3-2):

1. That Council authorise the publishing of a public notice outlining:

a. the objectives of the proposed local law; and

b. the intended effect of the proposed local law; and

c. that a copy of the local law is available for inspection at the Council’s office and on its website.

2. That Council officers begin a public consultation process on the proposed local law for a period of not less than 28 days of the public notice being published.

3. That Council request a report be returned to the Council meeting on Monday 6 February

2023, outlining responses from the public consultation process and any recommended changes to the proposed local law.

7.5. GREAT SOUTH COAST REGIONAL DIGITAL STRATEGY

The municipalities of Warrnambool, Moyne and Corangamite have partnered to develop a Great South Coast Regional Digital Strategy (‘the Strategy’) to enhance liveability, productivity and promote sustainability in the region. The Strategy document is attached – refer Attachment 1.

The Strategy was funded by the State Government and delivered by a consultancy and has been informed by input from community members, key stakeholders and Council staff across the Region. It aligns to and supports each of our communities’ visions for 2040 in addition to the state aspirations of the Victorian Government Digital Strategy.

The Strategy was also informed via a workshop with Councillors in May this year.

The Strategy, considers both the commonalities between Corangamite, Moyne and Warrnambool municipalities as well as the unique characteristics of each. It is comprised of:

- A vision statement that sets our aspirations towards a digital region;

- Principles that collectively represent the values of this Strategy and our approach to digital technology across the Region;

- Strategic themes that direct our goals as a Region; and

- Area-specific objectives that guide individual Council priorities and initiatives.

Four strategic themes have been developed to guide our action:

- Enabling Digital Infrastructure

- A thriving and sustainable Digital economy

- A Digitally inclusive and liveable community

- A smart and Digital Government.

The implementation of the Strategy will be delivered via the following next steps:

- Councils will develop project business cases and funding plans;

- Ongoing communications and engagement for the Strategy/Implementation plan;

- A plan to increase internal capability through training, knowledge, and sharing;

- A combined effort by the three partner Councils to leverage the Strategy to get State and/or Federal Government support; and

- A partnership model to guide, support and improve future collaboration.

Council supported the following recommendation (6-0):

That Council:

1. Endorse the Great South Coast Regional Digital Strategy; and

2. Note the next steps that will include an Implementation and Communications Plan that will be brought back to Council by 30 June 2023.

7.6 AMENDED PLANNING PERMIT APPLICATION PP2000-0135.04 – 355 KOROIT STREET

An application to amend an existing permit has been received, where the permit allows use of the land known as 355 Koroit Street as a waste transfer station. The original proposal was to delete two existing conditions which restrict operating hours, leading to the ability for 24 hour operation.

The application has since been amended to seek to change conditions, versus outright deletion.

Public access hours are not intended to change, and the extended hours would relate to private operations only. All other operating procedures, site layout, and associated development of the land, would remain unchanged. An amended Environmental Management Plan would have been required as the previously endorsed version limits storage of waste to certain hours, where an amended plan has been submitted with the proposal.

The limitations around hours relating to putrescible waste were specifically introduced by VCAT within a decision relating to an earlier amendment. The condition was included as a result of Tribunal believing the operation of the nearby Sunday markets should be protected. The markets continue to operate in much the same way as they would have when the decision was made.

Although the Planning Scheme allows the possibility for amendments to permits when justified, and various professional reports confirm that amenity impacts could be controlled, there is insufficient justification as to why Condition 14 should change in any way. Conversely, Condition 13 can be amended in line with justification provided in associated amenity reports, which will also align permit conditions with similar transfer station operations in the City. Accordingly, the recommendation below has been reached to issue a Notice of Decision to amend the permit, where Condition 13 only is to be amended, and Condition 14 remains unchanged, and an amended EMP is required under Condition 19. In summary, although the recommendation lists the entire set of conditions, the following changes are proposed:

1. Condition 13 is amended from having restricted hours to indicating the use “can operate at any time, except as limited by condition 14”.

2. Condition 14 was sought to be amended but is recommended to remain unchanged.

3. Condition 19 is amended to require an updated Environmental Management Plan with a new sub-condition that reads “An amended section on Operating Hours that no longer refers to permit conditions, and explains how the site will be managed at all parts of the day and week”.

Cr Zeigeler moved and Cr Akoch seconded and alternative motion to the effect of:

That Council, having caused notice of Planning Application No. PP2000-0135.04 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 should decide to refuse the application under the provisions of the Warrnambool Planning Scheme in respect of the land known and described as Lot 43L SEC 70 CA PSH WAN TSH WARR, 355 Koroit St WARRNAMBOOL VIC 3280, for the Amendment to facilitate extended operating hours of the waste transfer facility in accordance with the endorsed plans, subject to the following grounds:

The amendment would lead to a negative impact on surrounding land users including those specifically identified in the original permit in contravention of the decision guidelines of clause 33.01 and 52.14

Council supported the motion (6-0).

7.7. PP2022-0052 - 19 PRESTON STREET, DENNINGTON

Council has received an application to develop the land known as 19 Preston Street, Dennington with three single storey dwellings.

The application triggers a planning permit under the zone for the construction of two or more dwellings on a lot. It is noted that the use ‘dwelling’ does not require a permit.

The application was subject to internal and external referrals, and was subject to public notice.

As a result of notification, 10 objections were received, where grounds were primarily in regard to parking, traffic, neighbourhood character, overdevelopment of the site and waste collection.

The application and concerns raised by objectors have been considered against all of the relevant provisions of the Warrnambool Planning Scheme and it has been deemed that on balance the application warrants support, where the Officer’s recommendation is approval subject to conditions.

If the application is supported, a Notice of Decision would be required as all objections have been sustained.

Council did not move a Motion, and the Item Lapsed.

7.8 DEVELOPMENT PLAN APPLICATION DP2022-0008 - 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.

A similar plan was previously presented to Council, where the area of open space was presented as a possible golf course. The Development Plan is similar in all aspects except the demonstration of the golf course, and as submitted now 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 open space, with a 36 metre section of ‘creek reserve’ showing retained/re-instated vegetation and an indicative future shared public pathway.

The new Development Plan was subject to re-referrals as required, but not placed on exhibition for a further period of two (2) weeks. Three (3) submissions were received in relation to the original plan, where those submissions are considered as carried over to the new proposal.

The new Development Plan is generally consistent with the Development Plan Overlay requirements and relevant provisions of the Warrnambool Planning Scheme, and is therefore appropriate to endorse. If the Development Plan is endorsed a planning application will be subject to further assessment by Council.

Council supported the following recommendation (6-0):

That having considered all the matters normally required under Section 60 of the Act for planning applications, Council should endorse 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.

7.9 ALBERT PARK REVEGETATION PLAN

The Albert Park Revegetation Plan provides guidance on areas suitable for revegetation, taking into consideration all users of the park, and makes recommendations for planting within these areas.

The Plan seeks to provide improved ecological outcomes for the park and maintain and enhance social and recreational outcomes for park users.

Community consultation and collaboration with key stakeholders has informed the plan and feedback has been provided by written submissions.

The feedback has informed some minor changes to the Albert Park Revegetation Plan.

Council supported the following recommendations (6-0):

That Council resolve to:

1. Receive and consider the submissions in response to the draft Albert Park Revegetation Plan.

2. Adopt the Albert Park Revegetation Plan.

7.10 COUNCIL'S FUTURE ENERGY CONTRACTS - 30 JUNE ONWARDS

Council has committed 40% of its electricity load to the Power Purchase Agreement (PPA) until the 31st December 2030 and the remaining 60% of the electricity and 100% gas load until the 30th June 2023.

Council has committed to be a carbon neutral organisation by 2026, therefore there is no need at this stage to procure 100% green power.

PPA prices are due to be reset on the 30th June 2023 and the new prices are unknown at this stage.

Recent reports received are showing that State Government contract prices are better than current electricity prices received from Procurement Australia (PA)

On the 31st May, EMT agreed on the following:

- To increase the electricity load as part of the PPA to approximately 70% of Council’s electricity usage (all large market sites).

- The remainder 30% of the electricity to be purchased through the State Government contracts until the 30th June 2025.

- All gas accounts to be also procured through the State Government Contracts.

Procuring electricity through different methods will reduce Council’s risk of exposure to the electricity market but also it will leave some flexibility to explore new technologies in the near future (for example: virtual power plant).

Council supported the following recommendations (6-0):

That Council:

Approve the transition from Procurement Australia Energy Contracts to State Government Energy Contracts for electricity and gas services;

Authorise the CEO the authority to sign, seal and vary the contracts as required.

7.11 PROPOSED CAR & BOAT PARKING ANGLING CLUB BOAT RAMP

A request was received for boat trailer parking at the Angling Club Boat ramp along the Hopkins River.

Parking is not currently provided in the area for car and boat trailers.

A plan has been prepared for consultation and funding considerations.

The cost of the project is estimated to be $170,000.

Council supported the following recommendation (6-0):

That Council approves the enclosed concept plan for boat trailer parking at the Angling Club Boat ramp - Refer Attachment 2 for stakeholder engagement and budget consideration in the 23/24 budget.

7.12 DRAGON BOAT STORAGE SHED UPDATE

The Warrnambool South C Dragon Boat Club requires a shed to store the boat in close proximity to the river. The current arrangement limits participation and creates a significant safety issue as moving and launching the boat from the current location is physically challenging.

Council committed $70,000 from the 2021/22 Small Infrastructure Fund to the Warrnambool South C Dragon Boat Club to construct a storage shed behind the Warrnambool Ski Club at the Hopkins River.

A Feature and Levels Survey and Stormwater Management Plan has identified that the extent of works required for the project are more significant than initially understood. The earthworks required to level and make the site safe, install retaining walls, align the existing road and provide safe access into the shed is greater than originally proposed.

There is a budget shortfall of $55,000 to complete the project.

Council supported the following recommendations (6-0):

That Council allocate an additional $55,000 from the 2022/23 Small Infrastructure Fund budget to complete the Warrnambool South C Dragon Boat Club project.

7.13 SOUTH WARRNAMBOOL CHANGE ROOM REFURBISHMENT

Funding was provided in the 21/22 budget to complete minor renewal works to the South

Warrnambool Football Netball Club change rooms located at Friendlies Society Reserve, that were in poor condition. This has provided an opportunity to upgrade the facility’s amenities to become both female friendly and all abilities accessible however the cost of works was prohibitive and so the budget was rolled over and combined with 22/23 changeroom renewal budget.

A public tender was advertised in early 2022 but no submissions were received to undertake the refurbishment project. A quote from a panel contractor under Council’s Minor Works Panel Contract was obtained after failure to attract a submission through the tendering process. This quote aligned with cost expectations and has been determined to represent value for money.

It is proposed that Council award Minor Works Contract 202217 in order to allow appropriate time for the project to be completed in time for the football season in April 2023.

Council supported the following recommendations (6-0):

That Council:

1. Award Minor Works Contract 2022017 - South Warrnambool Football Club Change Rooms Refurbishment to O’Brien Building Pty Ltd for the quoted amount of $412,350.00 excluding GST, with a total award of $453,585.00 including GST;

2. Authorise the Chief Executive Officer to deliver Minor Works Contract 2022017 in accordance with the contract, with the Chief Executive Officer’s financial delegation; and

3. Authorise the CEO to sign, seal and vary the contract as required.

7.14 WARRNAMBOOL HOCKEY SYNTHETIC TURF REPLACEMENT

The synthetic turf hockey pitch was installed in 2006 and was due for replacement in 2018. Council had allocated $400,000 in the 2022/23 capital works budget for turf replacement. Total budget for the replacement of the turf is expected to be $600,000.00 with a $200,000 contribution to be made by the Warrnambool Hockey Association.

The Warrnambool Hockey Association advised Council early in November 2022 that they had the opportunity to host the national selection trials for the Hockey 5’s world cup team confirmed for 15 and 16 April 2023. The timing for completion of the turf replacement is 31 March 2023 to accommodate the hockey trials.

In order for this to occur, the tender was publicly advertised from Friday 18 November, for 2 weeks so that the tender assessment and awarding of the contract could be completed as a priority following the tender closure.

Given the tender assessment process and awarding of the contract cannot be achieved by the December 2022 council meeting, it is proposed that Council delegate authority to the Chief Executive Officer so that the contract can be awarded prior to Christmas, providing enough time for contractors to procure turf with the aim of completing the works by 31 March 2023. The contract will not be awarded until confirmation of the $200,000.00 plus any additional funds required to meet the tender quotation above $400,000.00, has been received in writing by 12 December 2022 from the Warrnambool Hockey Association.

Council supported the following recommendations (6-0):

That Council delegates authority to the Chief Executive Officer to award the contract for the hockey synthetic turf replacement project, on the basis that the following conditions are met:

1. It is in accordance with the Procurement Policy.

2. Meets the assessment criteria set out within the Tender.

3. Council’s total contribution will be no more than $400,000.00.

4. The Warrnambool Hockey Association will pay the residual amount of the tender above Council’s contribution of $400,000.00.

5. The Warrnambool Hockey Association has confirmed in writing by the 12 December 2022, the Club’s contribution of $200,000.00 and any additional funds required to meet the tender quotation.

7.15 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:-

1. Monday 14 November 2022 – refer Attachment 1

2. Monday 21 November 2022 – refer Attachment 2

3. Monday 38 November 2022- refer Attachment 3

Council received the report (6-0).

7.16 MAYORAL & CHIEF EXECUTIVE COUNCIL ACTIVITIES – SUMMARY REPORT

Council received the report (6-0).

8. Notice of Motion

9. General Business

10. Urgent Business

11. Close of Meeting