For more information and appendices for each item, view the Council Meeting Agenda above.
The below summary is unconfirmed until the Minutes of the September 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 1 August 2022 (7-0).
4. Declaration by Councillors and Officers of any Conflict of Interest in any Item on the Agenda
Mr Schneider Declared a Conflict of Interest in Item 12.3.
5. Mayoral Presentation
6. Public Question Time
7.1. 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 attendance and participation in virtual and hybrid (combination of virtual and in person) Council meetings and delegated committee meetings.
Council’s Governance Rules have been updated to include the provisions and procedures for virtual meetings – refer Attachment 1.
It is recommended that these draft Governance Rules be placed on public exhibition before being brought back to Council and proposed for adoption at the October Council meeting.
Council supported the following recommendation (7-0):
That Council:
1. Provide public notice of the proposed amendment to the Governance Rules; and
2. Approve the draft Governance Rules being placed on public exhibition.
7.2. FINANCIAL STATEMENTS PERFORMANCE STATEMENT 2021-2022
The purpose of this report is to present the 2021-22 Performance Statement and Financial Statements to Council for in-principle approval as recommended by Council’s Audit and Risk Committee and in accordance with Section 99 of the Local Government Act 2020.
It further seeks to nominate two Councillors to have the authority to sign the annual accounts and performance statement on behalf of Council, once final sign off has been received from
the Victorian Auditor General’s Office (VAGO).
This authorisation will enable Council to meet its statutory obligations for the presentation of its Annual Statements (as part of the Annual Report) to an open Council meeting by 31
October 2022. The Annual Report, which includes the Financial and Performance Statements, will return to Council for consideration at a future Council Meeting.
Also provided with this report for Council’s information is the DRAFT Report of Operations which accompanies the Financial Statements and the Annual Performance Statement.
Council supported the following recommendation (7-0):
1. That Council approve in principle the 2021-2022 Financial Statements (refer Attachment 3.1.1) which have been subject to external audit by the Auditor-General's agent, with the outcomes also having been reviewed by Warrnambool City Council’s Audit & Risk Committee.
2. That Council approve in principle the 2021-2022 Performance Statement (refer Attachment 3.1.2) which has been subject to external audit by the Auditor-General's agent, with the outcomes also having been reviewed by Warrnambool City Council’s Audit & Risk Committee.
3. That Councillor Angie Paspaliaris and Councillor Ben Blain be authorised to certify the 2021-2022 Financial Statements, after any changes recommended by the review of audit from the Victorian Auditor General have been made.
4. That Councillor Angie Paspaliaris and Councillor Ben Blain be authorised to certify the 2021-2022 Performance Statement, after any changes by the review of audit from the Victorian Auditor General have been made.
5. That the Council put out for public advertisement, its intention to consider the Annual Report at a future Council Meeting.
7.3. WARRNAMBOOL PLANNING SCHEME AMENDMENT C205WARR NORTH WARRNAMBOOL FLOOD CONTROLS
The purpose of this report is for Council to consider the report of the Independent Panel which considered submissions in relation to Amendment C205warr (North Warrnambool Flood Controls) to the Warrnambool Planning Scheme, and to make a decision whether or not to adopt the Amendment in the manner recommended by the Independent Panel.
The Panel Report was received by Council on 7 July 2022 and released to the public on 21 July 2022. A copy of the Panel Report is included as Attachment 1.
Amendment C205warr to the Warrnambool Planning Scheme, as exhibited, proposed to introduce and/or revise flood controls in relation to 400 properties (approximately) in the Merri River and Russells Creek catchments in North Warrnambool. These controls were proposed to apply to land identified by Glenelg Hopkins Catchment Management Authority (CMA) and Council as being liable to inundation from an open watercourse, during severe storm event (1 per cent Annual Exceedance Probability (AEP) flood event).
The Amendment was exhibited for six weeks from 23 September 2021 to 12 November 2021.
A total of 21 submissions were received.
In relation to its consideration of submissions to Amendment C205warr, at its meeting of 7 February 2022, Council resolved to endorse the officers response to each submission, and to refer those submissions to an Independent Panel for its consideration.
The report of the Independent Panel recommends that Amendment C205warr to the Warrnambool Planning Scheme be adopted subject to mapping changes that had already been agreed upon by Council and the CMA through the Panel process. The Panel agreed with the CMA and Council’s position that the Amendment is strategically justified, based on sound modelling of flood events, and has been translated appropriately into flood controls.
Pursuant to Section 27(1) of the Planning and Environment Act 1987, Council must consider the Panel’s report before deciding whether or not to adopt the Amendment (with or without changes).
It is recommended that Council accept the Panel recommendations and adopt Amendment C205warr, subject to the changes recommended in the Panel report.
Council supported the following recommendations (7-0):
That Council:
1. Consider the Panel report for Amendment C205warr to the Warrnambool Planning Scheme in accordance with section 27(1) of the Planning and Environment Act 1987, and adopts the Panel’s recommendations.
2. Adopts Amendment C205warr to the Warrnambool Planning Scheme in accordance with Section 29(1) of the Planning and Environment Act 1987, incorporating the changes to Amendment C205warr recommended by the Panel.
3. Submits Amendment C205warr to the Minister for Planning for approval in accordance with Section 31(1) of the Planning and Environment Act 1987.
4. Notifies all submitters to Amendment C205warr of Council’s decision.
7.4. AMENDED DEVELOPMENT PLAN DP2022-0004 - 15 DALES ROAD
Council has received an application to amend a Development Plan (DP) prepared by Myers Planning Group for land at 15 Dales Road (LOT 1 PS334785) on the North East side of the intersection of Dales Road and Aberline Road. The site has an area of approximately 9400m² (0.9 hectares) and is within the North East Warrnambool Structure Plan area and General Residential Zone (GR1Z), which would typically anticipate residential use and development.
The Development Plan as submitted comprises:
- A nominated residential parcel comprising ~4,694 square metres to be set aside as a medium density development site,
- A nominated education development parcel comprising ~4,729 square metres to be set aside as a childcare and early learning centre,
- Streetscape improvements to Aberline Road, including widening of the Aberline Road road reserve and incorporation of on-street car parking,
- Streetscape improvements to the Dales Road road reserve, including improved footpath connections,
- Pedestrian infrastructure improvements including a link between the Aberline Road and Road pedestrian networks.
A request for additional information was made 6 December 2021 and a response received 1 April 2022, including the submission of a marginally revised report (V2.1, 1 April 2022).
Based on requests for additional information, V2.2 (July 2022) has now been submitted and is currently the plan being considered. This plan includes granular detail of the intended residential development on the eastern portion of the lot.
The amended Development Plan continues to fall short of meeting some of the Development Plan Overlay requirements, but given the requirements can be satisfied at subdivision stage, it is appropriate to endorse, and pass full assessment to the planning permit stage.
Council supported the following recommendation (7-0):
That Council approve V2.2 of the Dales Road Development Plan as submitted on 20 July 2022.
7.5. DRAFT ALBERT PARK REVEGETATION PLAN
The draft 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.
The draft Albert Park Revegetation Plan draws on existing strategies, frameworks and policies relating to revegetation and ‘greening’ of Warrnambool, a site analysis and discussion with stakeholders.
The draft plan has been developed in collaboration with Council staff and key stakeholders and is ready to be released for public comment.
The community, interested parties and key stakeholders will have the opportunity to provide comment on the draft plan, this feedback will inform the final Albert Park Revegetation Plan.
Council supported the following recommendation (7-0):
That Council approve the release of the draft Albert Park Revegetation Plan for community consultation.
7.6. MIDDLE ISLAND SEASON REPORT 2021-2022
The Middle Island Project is a wildlife conservation project to help protect the colony of Little Penguins on Middle Island.
This report provides an annual update on the implementation of the project and outlines the outcomes of the Middle Island Project Season Report 2021-2022.
The highlights of the season include continued effectiveness of the Maremma dogs protecting the penguins and ongoing interest and participation in education talks and programs.
Challenges during the season include the covid pandemic impacting the education program and the volunteer penguin monitoring program. While tide conditions and weather impacted safe crossing to the island.
Council supported the following recommendation (7-0):
That Council receive the Middle Island Project Season Report 2021-2022.
7.7 AWARD OF CONTRACT 2022026 - REGISTER OF CONTRACTORS SUPPORTING CIVIL INFRASTRUCTURE
A public tender was advertised on Saturday 18 June 2022 inviting tender submissions from suitably qualified and experienced contractors to join the ‘Panel Contract’.
Close of tenders was 2:00pm Friday 8 July 2022.
The proposed period of this Panel Contact is in two periods:
a) Period 1 - from acceptance of Tender in September until 30 June 2024 (2 years)
b) Period 2 – from 1 July 2024 until 30 June 2025 (1 year optional extension).
This Panel Contract comprises largely of local Suppliers and Contractors, demonstrating the expertise of Warrnambool’s local civil infrastructure market.
Council supported the following recommendation (7-0):
That Council:
1) Award Contract No. 2020026 Register of Contractors Supporting Civil Infrastructure to the Tenderers in the list attached to this Report, under an individual Deed of Standing Offer for their nominated separable portion of work.
2) Authorise the Chief Executive Officer to sign, seal and vary the Deed of Standing Offer as required.
7.8 SMALL INFRASTRUCTURE FUND PROJECTS
The management of the Small Infrastructure Fund is currently under review by the City Infrastructure staff, with a view to having a report presented on a revised operating model presented to a Council Informal Meeting in September 2022.
Prior to the review process of the fund commencing, several applications for funding have been received and copies of the applications are attached. The two new applications are from the Dennington Bowls Club and the Warrnambool Dog Training School. Both applications have suitably addressed the criteria in their applications.
Council supported the following recommendation (7-0):
1. That Council allocate $45,000 from the Small Infrastructure Fund to the Dennington Bowls Club to enable the construction of a shelter over a new barbecue area and to light
the car park area at the club.
2. That Council allocates $39,000 to the Warrnambool Dog Training Club as a contribution towards the construction of a storage facility at the Harris Street Reserve site.
7.9 ADVISORY COMMITTEE & REFERENCE GROUP REPORTS
This report contains the record of three Advisory Committee meetings & one Reference Group meeting.
1. Community & International Relations Advisory Committee – 2 August 2022 – refer Attachment 1.
2. Planning Advisory Committee – 9 August 2022– refer Attachment 2
3. Economic Development & Tourism Advisory Committee – 12 August 2022 – refer Attachment 3.
4. Warrnambool Regional Airport Reference Group – 15 August 2022 – refer Attachment 4.
Council received the report (7-0)
7.10 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 8 August 2022 – refer Attachment 1.
2. Monday 15 August 2022 – refer Attachment 2.
3. Monday 15 August 2022 – refer Attachment 3.
4. Monday 22 August 2022 – refer Attachment 4.
5. Monday 29 August 2022 – refer Attachment 5.
Council received the report (7-0)
7.11 MAYORAL & CHIEF EXECUTIVE COUNCIL ACTIVITIES – SUMMARY REPORT
Council received the report (7-0).
8. Notice of Motion
9. General Business
10. Urgent Business
11. Resolution to Close Meeting
That in accordance with Section 66(2)(a) of the Local Government Act 2020, the meeting be closed to members of the public. (7-0)
12. SECTION 66 (IN-CAMERA)
12.1. MINUTES IN-CAMERA MEETING OF COUNCIL 6 DECEMBER 2021
12.2. AUDIT & RISK ADVISORY COMMITTEE MINUTES
12.3. CHIEF EXECUTIVE EMPLOYMENT MATTERS ADVISORY COMMITTEE MINUTES
13. RESOLUTION TO RE-OPEN MEETING
That the meeting be re-opened to members of the public.
14. CLOSE OF MEETING