Council Meeting, December 6 2021

The below summary is unconfirmed until the Minutes of the December 6 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 November 2021 be confirmed. (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 7.11

5. Mayoral Presentation

6. Public Question Time

7.1. CEO EMPLOYMENT AND REMUNERATION POLICY

The CEO Employment and Remuneration Policy is a requirement under section 45 of the Local Government Act 2020.

The CEO Employment and Remuneration Policy outlines the role of a CEO Employment Matters Advisory Committee is supporting the Council with the development and monitoring of the CEO Performance Plan.

Due to proposed changes to the membership structure of the CEO Employment Matters Advisory Committee, a review of both the Policy and the Committee’s Terms of Reference was triggered.

The amended Policy and Committee Terms of Reference are now presented to Council for consideration and they are recommended for adoption.

Council supported the following recommendations (7-0):

That Council:

1. Adopt the CEO Employment and Remuneration Policy as at Attachment 1; and

2. Adopt the CEO Employment Matters Advisory Committee as at Attachment 2.

7.2. APPOINTMENTS TO ADVISORY COMMITTEES & EXTERNAL BODIES

As in the past, there is a significant range of advisory, semi-external and external committees and organisations where the constituted membership includes representation from Warrnambool City Council.

Whilst the majority of these committees tend to be ongoing, they may also be subject to evolutionary change and in some cases may be established for a specific project ie; with “sunset” provisions.

For various committees, members of Council staff are already members and/or may attend to assist a Councillor representative. Generally, for committees of a more technical/operational nature, it is suggested that members of Council staff can best assist in sharing the overall representation workload, with appropriate reporting mechanisms to Council and/or briefing of Councillors according to representation or special interest areas.

Other relevant matters to consider in this area are:-

- The need for committees which are established by Council to fit into an efficiency “hierarchy” of overall advisory, consultative and networking processes, particularly having regard to the best use of resources from within and outside the organisation.

- As above, the need for Councillors’ time and energy to be primarily focused on policy development, business strategies and monitoring of performance.

- As a major service organisation, the need to have effective service standards and response mechanisms without placing reliance on Councillors to handle requests from residents and service users, as is the situation with members of other statutory agencies providing direct regional or local service delivery functions eg; hospitals, community health centres, various notfor-profit social/welfare agencies, water authorities, transport authorities etc.

- In some cases a “contact” function may be most appropriate rather than actual representation, particularly when the relevant committee is not directly relating to a municipal function.

- The need for good relationships, but of an independent arms-length type with any groups or organisations where Council has a contractual relationship, to avoid any possible conflict of interest.

- To use officer resources in an effective manner bearing in mind significant direct and indirect costs of committees servicing or representation.

Council supported the following recommendation (7-0):

That Council representatives and delegates to the Advisory Committees and external committees for the 2021-2022 Council year be approved as per Attachment 1 to this report, and that relevant advisory bodies and external committees be advised accordingly.

7.3. DRAFT ADVOCACY PLAN

Under the Local Government Act 2020 Council must give effect to a number of governance principles including:

- achieving the best outcomes for the community;

- promoting the economic, social and environmental sustainability of the municipality; and,

- pursuing innovation and continuous improvement.

Advocating on behalf of the community is an expectation of local government and a way in which support, usually in the form of funding from other levels of government, is obtained for key projects which are beyond the funding capacity of an individual Council.

Advocacy on behalf of the community is one of the perceptions measured in the annual Local Government Community Satisfaction Survey coordinated by the Department of Jobs, Precincts and Regions on behalf of Victorian councils.

In line with the legislative principles and obligations to the community, Council has prepared a Draft Advocacy Plan, which informs the community, and other levels of government, the projects Council has identified as community priorities – refer Attachment 1.

The draft Advocacy Plan was prepared in light of feedback received from the community during the engagement process for the Council Plan and at a subsequent Councillor workshop.

The advocacy priorities are:

1. A new community aquatic and fitness centre

2. A safer Port of Warrnambool

a. Breakwater repair

b. Safer boat launching

3. Warrnambool Surf Life Saving Club

4. Rail – faster, more frequent, more accessible

5. Flagstaff Hill – future directions

6. A new building for the Warrnambool Art Gallery

7. Brierly Park Master Plan

8. Bushfield-Woodford Structure Plan

9. Small Town Sewerage Upgrades

10. Raglan Parade Pedestrian Safety

In prioritising projects Council has taken into consideration the anticipated population growth and lead times required for some projects such as a new aquatic and fitness centre (AquaZone).

This proposed draft replaces the current Advocacy Strategy 2019-2023.

Council supported the following recommendations (7-0):

That Council adopt the Advocacy Plan 2021-2025.

7.4. COMPLAINTS POLICY

In accordance with section 107 of the Local Government Act 2020 (the Act), Council must have a Complaints Policy in place by 31 December 2021.

This Draft Complaints Policy has been developed with in accordance with the requirements under section 107 of the Act, and with consideration and guidance taken from the Victorian Ombudsman’s Councils and Complaints - Good Practice Guide, 2nd edition.

It is recommended that the Complaints Policy be adopted.

Council supported the following recommendation (7-0):

That Council adopt the Complaints Policy as at Attachment 1.

7.5. BORROWING STRATEGY

The Borrowings Strategy has been updated to comply with the Local Government Act 2020.

The borrowing policy principles remain the same and are consistent with assisting the long term financial sustainability goals of Council.

Parameters have been added to specify the acceptable borrowing arrangements.

The strategy has been reviewed by the Audit & Risk Committee.

Council supported the following recommendation (7-0):

That Council adopt the Borrowings Strategy.

7.6. INVESTMENT POLICY

The Investment Policy has been updated to comply with the Local Government Act 2020.

The Investment policy remains the same as the legislation carried forward from the previous Local Government Act.

The policy has been reviewed by the Audit & Risk Committee.

Council supported the following recommendation (7-0):

That Council adopt the Investment Policy as contained in Attachment 1

7.7. 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 on the 31 August and 16 November 2021.

7.8. WARRNAMBOOL PLANNING SCHEME AMENDMENT C209WARR – DEAKIN UNIVERSITY

Amendment C209warr (the Amendment) to the Warrnambool Planning Scheme proposes to rezone land at 10635 Princes Highway, Warrnambool (Deakin University Warrnambool Campus) from the Farming Zone to the Public Use Zone 2 (Education) (consistent with the balance of the campus), make minor updates to signage provisions, and include the entire campus within Warrnambool’s urban settlement boundary.

The Amendment was placed on reduced notice (to prescribed Ministers and relevant authorities only) between 21 October 2021 and 4 November 2021, with one submission being received from the EPA (refer to Attachment 1).

The submission asks Council to satisfy itself that the land is suitable for the intended use (education) and that there is nothing to preclude use of the land for education having regard to the requirements of Ministerial Direction No.1 Potentially Contaminated Land and EPA Publication 1518.

Council officers have taken steps to ensure that the rezoning is suitable for the intended use by requesting additional information from the proponent of the Amendment (Myers Planning Group), and are satisfied the matters raised in the submission have been resolved.

It is recommended that Council receive and consider the submission by the EPA to the Amendment, adopt the Amendment in accordance with officer recommendations, and submit the Amendment to the Minister for Planning for approval.

Council supported the following recommendation (7-0):

That Council:

1. Receives and considers the submission made to Amendment C209warr to the Warrnambool Planning Scheme.

2. Consider the officer response to the issues raised in the submission outlined in this report, as basis to conclude the submission is resolved.

3. Adopt Amendment C209warr to the Warrnambool Planning Scheme in accordance with Section 29(1) of the Planning and Environment Act 1987 without changes.

4. Submits Amendment C209warr to the Minister for Planning for approval in accordance with Section 31(1) of the Planning and Environment Act 1987.

7.9. 250 HOPKINS POINT ROAD

The application proposes to construct a new dwelling closer to the dunes and to use the existing heritage house as a ‘host farm’.

Notice of the application has been given to adjoining properties and five (5) objections received.

The proposal is considered on balance to have merit against the relevant controls in the Warrnambool Planning Scheme and Planning Policy Framework.

A Notice of Decision (NOD) to Grant a permit is recommended to be presented to Council.

Council supported the following recommendation (4-3):

That Council issue a Notice of Decision (NOD) with conditions as set out in the planning report.

7.10. WARRNAMBOOL RESIDENTIAL LAND SUPPLY AUDIT REPORT 2021

The Warrnambool City-Wide Housing Strategy 2013 recommends that Council monitor residential land supply on an annual basis;

This is to ensure that there is adequate zoned residential land to meet projected growth across the municipality;

The current report (Attachment 1) is an annual audit based on 2020 data which shows a slight decline in residential land supply from 23.2 years to 22.7 years;

Once endorsed, the 2021 report will be placed on Council’s website.

Council supported the following recommendation (7-0):

That Council endorse the Residential Land Supply Report – 2021.

7.11. TENDER - SUPPLY AND INSTALLATION OF SOLAR PANELS

A public tender was advertised on Saturday 31st July 2021 inviting tender submissions from suitably qualified and experienced contractors for the provision of Supply and Installation of Solar Panels.

Close of tender was advertised of 2:00pm Friday 3 September 2021, but due to Covid lockdown requirements was extended through to 2:00pm Friday 1st October 2021 and submissions have been assessed by the tender assessment panel.

The recommendation is to proceed with the tender offer provided by Gippsland Solar Pty Ltd (RACV Solar) for the tendered amount of $378,235.10 Ex. GST.

Council supported the following recommendation (6-0):

That Council:

1. Award Contract 2021051 – Supply and Installation of Solar Panels to Gippsland Solar Pty Ltd (RACV Solar) for the tendered lump sum amount of $378,235.10 Exc GST.

2. That the schedule of rates offered is accepted for the life of the contract.

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

7.12. WARRNAMBOOL LIBRARY - FEES AND CHARGES

Warrnambool City Council exited from the Corangamite Regional Library Corporation from 1st July 2021. This exit was 12 months earlier than anticipated and at a time that staff resourcing was very low. Therefore, the fees and charges schedule were not updated at the time of the transition. This report provides information on the fees and charges previously collected by Corangamite Regional Library Corporation and seeks Council endorsement to update Council’s schedule of fees and charges specific to library operations.

Council supported the following recommendation (7-0):

That the following fees and charges be included in Council’s Schedule of Fees and Charges

Photocopying and printing Black and white A4 page $0.20

Black and white A3 page: $0.40

ColourA4 page: $0.60

Colour A3 page: $1.20

Lost or damaged item: Cost of item

Inter-library loan Service: $3.00

Cost recovery: Cost of service

Debt recovery: $15.00 plus debt

Replacement library card: $2.00

Merchandise: P.O.A

Withdrawn item: P.O.A

All charges include GST.

That the changes to the fees and charges apply effective immediately.

7.13. STADIUM - UPDATE TO FEES AND CHARGES SCHEDULE

Resident sports associations at the Warrnambool Stadium have expressed an interest in reducing the cost of accessing the facilities at Warrnambool Stadium (including Val Bertrand Stadium).

Industry analysis and engagement with Stadium user groups has identified that fee for court hire is the more common model for charging sports for use of facilities, furthermore this model would better enable user groups to manage their sports resourcing and support their ongoing sustainability and provide greater equity.

Council supported the following recommendation (7-0):

That Council endorse a change to the model of charging stadium users to a licence model for resident sports clubs and associations for their regular sports activities and access to other facilities including storage and office space.

2. That Council’s Schedule of Fees and Charges be updated to reflect the table published in the Agenda.

3. That changes to fees and charges apply from 1 January 2022.

7.14. WINTER SPORTS GROUND TENANTS REFUND REQUEST

Various clubs have not been able to operate for six (6) weeks out of an eighteen (18) week winter season due to the number of lockdowns and restrictions imposed by the State Government in 2021.

The impact to club training and competition has not only impacted participation but under the guidelines, no spectators were permitted at venues which has restricted each club’s capacity to generate revenue.

It is recommended that Council refund a third of the seasonal tenancy fee charged. This recommendation does not include those clubs who operate under an exclusive use lease of a pavilion.

Council supported the following recommendation (7-0):

That Council endorse a refund of a third ($21,425) of the winter tenancy fee charged for the access and use of sports grounds and associated infrastructure for part of the 2021 season.

7.15 ADVISORY COMMITTEE REPORTS

This report contains the record of four Advisory Group meetings:

Planning Advisory Committee – 17 November 2021 – refer Attachment 1.

Environment & Sustainability Advisory Committee – 18 November 2021 – refer Attachment 2.

South West Victorian Livestock Exchange Advisory Committee – 19 November 2021 – refer Attachment 3.

Community & International Relations Advisory Committee – 23 November 2021 – refer Attachment 4.

Council supported the following recommendation (7-0):

That the records of the following Advisory Committee meeting be received:-

- Planning Advisory Committee held on 17 November 2021

- Environment & Sustainability Advisory Committee held on 18 November 2021

- South West Victorian Livestock Exchange Advisory Committee held on 19 November 2021

- Community & International Relations Advisory Committee held on 23 November 2021

7.16 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 8 November 2021 – refer Attachment 1

- Monday 15 November 2021 – refer Attachment 2

- Monday 22 November 2021 – refer Attachment 3

- Thursday 25 November 2021 – refer Attachment 4

- Monday 29 November 2021 Risk Workshop – refer Attachment 5

- Monday 29 November 2021 – refer Attachment 6

Council received the report (7-0)

7.17 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