Council meeting, 4 July 2022

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

The below summary is unconfirmed until the Minutes of the July 4 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 6 June 2022 and the Minutes of the Additional Council Meeting held on 27 June 2022, be confirmed, with the correction that the Item 4.2 from the 27 June was carried 4-1. (7-0).

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

Cr Paspaliaris Declared a Conflict in Item 7.5.

5. Mayoral Presentation

6. Public Question Time

7.1. COMMUNITY SATISFACTION SURVEY - 2022 RESULTS

Each year Local Government Victoria conducts surveys across local councils which measure community perceptions of how Council has performed across a range of service areas.

The survey assesses 28 areas of which seven are considered core measures. These core measures are: overall performance, consultation and engagement, community decisions, sealed local roads, waste management, customer service and overall council direction.

This year perceptions of Council’s performance continued to build on the strong gains made in 2021.

Council increased its scores across all core measures with overall council direction scoring a record high 63, above the State average of 50 and the regional centre average of 52.

The overall performance of Council increased from 55 in 2021 to 62 this year, also above the State and regional average of 59.

Council’s best performing area is the appearance of public areas which received a score of 76, maintaining the five-point gain made in 2021.

Council’s customer service rating increased to 73, up from 71 and above the State-wide average of 68 and above the regional centre average of 69.

This is the second consecutive year that there have been increases in all core measures.

The surveys also assess perceptions of performance across a number of other areas including value for money, recreational facilities and appearance of public areas.

Perceptions among residents aged 65 years and over improved significantly (up 15 points on 2021) and this group has provided Council with its highest overall performance rating.

The full report will be made available for the community to read on Council’s website.

In 2022, 67 of Victoria’s 79 Councils took part in the survey.

Council supported the following recommendation (7-0):

That Council notes the results of the 2022 Community Satisfaction Survey conducted by Local Government Victoria.

7.2. AUDIT & RISK COMMITTEE - BIANNUAL REPORT OF ACTIVITIES

Council is required by the Local Government Act 2020 (the Act) to establish an Audit and Risk Committee (the Committee) as an advisory committee of Council.

Under the Act, and as captured in the updated Audit and Risk Committee Charter endorsed by Council on the 6 July 2020, the Audit and Risk Committee must prepare a biannual report on activities to Council. This paper satisfies this reporting requirement.

Council supported the following recommendation (7-0):

That Council notes the Audit and Risk Committee biannual report which details activities of the Committee covering the meetings held from the 01 January and 30 June 2022.

7.3. AUDIT & RISK COMMITTEE SELF-ASSESSMENT

The Audit & Risk Committee charter under section 9 (c) sets out the requirement for the Chief Executive Officer to table the results of the annual performance evaluation at the next Council meeting.

The performance evaluation is a self-assessment by the independent members of the committee and is based on a survey from Local Government Victoria.

The three independent members and two Council representatives completed the survey and the results were consolidated by Council officers.

Overall, the results were positive with an 84% satisfaction result.

A number of areas have been identified for future improvement with the committee and the Council officers developing plans for these.

Council supported the following recommendations (7-0):

That the Audit and Risk Committee performance evaluation be received.

7.4. AUDIT & RISK COMMITTEE CHARTER UPDATE

The Audit and Risk Committee recommended a review of the Audit and Risk Committee Charter be undertaken by officers.

This review was undertaken in order to ensure clarity and consistency of the Committee’s responsibilities under the Local Government Act 2020.

The review of the Charter has now been undertaken and was submitted to the Audit and Risk Committee’s March meeting for the Committee’s consideration. The Committee, at the March meeting endorsed the amendments to the Charter and recommend it to Council for their adoption.

Council supported the following recommendations (7-0):

That Council adopt the Audit and Risk Committee Charter as found at Attachment 1.

7.5. PLANNING PERMIT PP2021-0356 - 1-5 COOPER STREET

Council has received an application to use and develop the land known as 1-5 Cooper Street for industry and a warehouse. The proposal is to construct a building of approximately 4800m2 over two stories that will serve as the ‘Regional Logistics Distribution Centre’ for South West Healthcare, which will among other functions serve as a linen service to the Warrnambool Hospital.

The application triggers a planning permit under the zone to both use and develop the land. The proposal also falls short of the requirement to provide 89 car spaces by 60 spaces, therefore a permit is also required to allow the reduction.

The application was subject to internal and external referrals, and was subject to public notice. As a result of notification, 8 objections were received, where grounds were primarily in regards to parking.

The parking shortfall is considerable and should not be discounted, however on balance the proposal is considered to meet the requirements of the planning scheme and should be supported.

If the application is supported, a Notice of Decision would be required as all 8 objections have been sustained.

Council supported the following recommendations (6-0):

That Council, having caused notice of Planning Application No. PP2021-0356 to be given under Section 52 of the Planning and Environment Act 1987 and or the planning scheme, and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 should decide to issue a Notice of Decision to grant a permit under the provisions of the Warrnambool Planning Scheme in respect of the land known and described as Lot 11 PS 434682 TSH WARR, 1-5 Cooper St WARRNAMBOOL VIC 3280, for the Use & development of the land for industry (laundry and warehouse) and reduction of car parking requirements in accordance with the endorsed plans, subject to 21 conditions.

7.6. REZONING OF KINGS COLLEGE AND ROYAL COURT - PLANNING SCHEME AMENDMENT C210WARR

Amendment C210warr (the Amendment) to the Warrnambool Planning Scheme proposes to:

- Rezone land at 44-52 Balmoral Road, Warrnambool (Kings College) and Nos. 1-22 Royal Court, Warrnambool from the Public Use Zone 2 (Education) to the General Residential Zone 1, (including the Royal Court road reserve).

- Rezone part of Crown Allotment 2102 (Crown Land), RES1 on Plan of Subdivision 719889N and Part of RES1 on Plan of Subdivision 728613 from Public Use Zone 2 (Education) to Public Park and Recreation Zone.

The Amendment was formally exhibited between 21 April 2022 and 23 May 2022, with one submission being received (refer to Attachment 1).

Council officers met with the submitter, and the submitter has subsequently withdrawn the submission (refer to Attachment 2).

Further, an email was received from the EPA which reminded Council of the need to review, and if necessary, satisfy the requirements of Ministerial Direction 1 – Potentially Contaminated Land (refer to Attachment 3).

Council officers have reviewed Ministerial Direction 1 and made updates as necessary to the Explanatory Report. No further action is required.

It is recommended that Council adopt the Amendment, and submit the Amendment to the Minister for Planning for approval.

Council supported the following recommendations (7-0):

That Council:

1. Adopts Amendment C210warr to the Warrnambool Planning Scheme in accordance with

Section 29(1) of the Planning and Environment Act 1987.

2. Submits Amendment C210warr to the Minister for Planning for approval in accordance with Section 31(1) of the Planning and Environment Act 1987.

7.7 WARRNAMBOOL BEACH ACCESS STRATEGY

The Warrnambool Beach Access Strategy provides guidance for Warrnambool’s 33 beach access points between Shelly Beach and Logans Beach, over a 15-year timeframe.

The strategy helps inform council’s capital works and renewal programs and will be used to support future grant and funding applications associated with improving beach access.

A public survey was undertaken in March 2022 and responses informed the development of the draft plan which was released for community consultation in May 2022.

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

The feedback has informed some minor changes to the Warrnambool Beach Access Strategy.

Council supported the following recommendations (7-0):

That Council resolve to:

1. Receive and consider the submissions in response to the draft Warrnambool Beach

Access Strategy.

2. Adopt the Warrnambool Beach Access Strategy.

7.8 COMMUNITY SMALL INFRASTRUCTURE FUND

Council has an opportunity to adopt new projects brought to their attention by the community under the Community Small Infrastructure Fund on a quarterly basis or as required.

Officers compile a list of projects provided from initiatives within the Community that are assessed as providing community benefit under the programs established criteria. Councillors are presented the projects for consideration during a Councillor briefing.

For a project to proceed to implementation it must be considered and decided upon at a Council meeting.

The balance of the Community Small Infrastructure Fund after the allocation to previously approved projects is estimated at $732,835. This sum represents a total prior to the consideration of the project listed below.

There is an amount of $371,198 in the proposed 2022/23 budget which, if approved, would increase the total fund to $1,104,033 prior to the consideration of the projects listed below.

Council supported the following recommendations (7-0):

That Council allocate the following amounts, dependent upon relevant planning and building permits, from the Community Small Infrastructure Fund:

1. Warrnambool Artists Society Carpark - $30,000;

2. Warrnambool Community Gardens Quarry Stage 2 - $150,000 (pending landowner consent); and

3. McGennans Carpark Change Shelters - $30,000 (pending landowner consent).

7.9 PUBLIC TREE PLANTING AND MAINTENANCE POLICY - POST CONSULTATION

Council in May 2017 and re-adopted following review in February 2021.

Council resolved to commence a subsequent review of the policy 1 year from the adoption in 2021.

It was proposed to re-name the policy Public Tree Planting and Management Policy to better reflect the management of the entire asset class of trees across the municipality.

The policy is to be read in conjunction with the Planting and Management Guidelines that acts as a procedural document to assist in guiding informed decision making, particularly on species selection.

Modifications to the policy include.

- Strengthening of the species selection criteria

- Identifying the appropriate naming of the policy and,

- Referencing the Guidelines document as accompanying documentation.

The attached reviewed policy (refer Attachment 1) is presented following a full consultation period, to enable it to be adopted by Council at the July Scheduled meeting.

Council supported the following recommendations (7-0):

1. That Council adopts the reviewed Public Tree Planting and Management Policy.

2. That the policy be reviewed by July 2025.

7.10 VOLUNTEER STRATEGY

A draft Warrnambool City Council Volunteering Strategic Plan 2021 – 2024 (the Strategy) has been prepared.

A public exhibition period of two weeks has been undertaken, with no submissions being received.

The Strategy will ensure Volunteer Connect can respond to new and emerging needs of volunteers at Council, including those wanting to volunteer and volunteer programs.

Volunteer Connect will also be well-placed to provide education, training, networking, and personal development for volunteers involving organisations, clubs, and groups.

The aim is to ‘Inspire people in the South West to experience volunteering, to make a difference, build a community and give back one person at a time.’

Council supported the following recommendation (7-0):

That Council adopt the Warrnambool City Council Volunteering Strategic Plan 2021-2024.

7.11 ADVISORY COMMITTEE/REFERENCE GROUP REPORTS

This report contains the records of 1 Advisory Committee meeting:

  1. Warrnambool Airport Reference Group – 23 May 2022 – refer Attachment 1.

Council received the report (7-0)

7.12 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. Tuesday 14 June 2022 – refer Attachment 1.

2. Monday 27 June 2022 – refer Attachment 2.

Council received the report (7-0)

7.13 MAYORAL & CHIEF EXECUTIVE COUNCIL ACTIVITIES – SUMMARY REPORT

Council received the report (7-0).

8. Notice of Motion

9. General Business

10. Urgent Business

11. Close of Meeting