Monday 2 December 2024

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

The below summary is unconfirmed until the Minutes of the Meeting are accepted by Council.

1. Opening Prayer & Original Custodians Statement

2. Apologies

None.

3. Confirmation of Minutes

The Minutes of the Scheduled Meeting of Council held on 7 October 2024 and the Minutes of the Annual (Statutory) Meeting of Council held on 18 November 2024 were confirmed. (7-0)

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

Cr Edis Declared a Conflict of Interest in Item 7.5, Cr Arnott Declared a Conflict of Interest in Item 7.6, Cr Walsh Declared a Conflict of Interest in Item 7.6.

5. Mayoral Presentation

6. Public Question Time

7.1. Scheduled Council Meeting Dates 2025

Under Council’s Governance Rules, Council is required to fix the dates, times and places of all Scheduled Council Meetings for the following 12 months at the first Council meeting following the Annual (Statutory) Meeting of Council.

The proposed Scheduled Council Meeting dates for the period February 2025 – December 2025 is contained within the recommendation. A new Council term provides Council with opportunity to review the day and time meetings are held to ensure best accessibility for the community and optimal organisational performance.

Council supported the following recommendation (7-0):

That Warrnambool City Council meetings for 2025 be held at 5.45pm in the Reception Room, Warrnambool Civic Centre, 25 Liebig Street, Warrnambool on the following dates:

• Monday 3 February 2025

• Monday 3 March 2025

• Monday 7 April 2025

• Monday 5 May 2025

• Monday 2 June 2025

• Monday 7 July 2025

• Monday 4 August 2025

• Monday 1 September 2025

• Monday 6 October 2025

• Monday 3 November2025

• Monday 17 November 2025 - Annual Council Meeting

• Monday 1 December 2025

7.2. 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 with for the period 2 December 2024 to 17 November 2025.

Council supported the following recommendations (7-0):

1. That the following Councillor representatives and delegates to the Advisory Committees and external committees for the period 2 December 2024 to 17 November 2025 be approved and that relevant advisory committees and external bodies be advised accordingly:

2. That the Planning Advisory Committee be re-established, appointing the following community members until 31 May 2025:

• Jeff Moreland-Hunt

• William Welsh

• Leanne Williams

• Fiona Golding

• John McNeil

• Kerri-Anne-Tatchell

• Cameron McNeill

3. That the Community & International Relations Advisory Committee, Economic Development and Tourism Advisory Committee and the Environment and Sustainability Advisory Committee be not re-established.

7.3. Youth Strategy & Action Plan Briefing

Warrnambool City Council (WCC) and Moyne Shire Council (MSC) have collaborated to produce a joint Youth Strategy (the Strategy) that crosses municipal boundaries. It is inclusive of an action plan, which identifies joint and individual council’s actions and responsibilities. The aim of the Strategy is to enable Council to take a proactive approach in engaging young people in Warrnambool, who make up over 15% of Warrnambool’s population. The strategy will set the direction of Council’s work in collaboration with young people and other stakeholders.

Future Tense were engaged as consultants to facilitate the Strategy development through a joint procurement managed by MSC.

A Youth Co-Design Panel was established, comprising of 20 young people (10 Warrnambool, 10 Moyne). The panel met throughout the process to shape and guide the development of the strategy.

The Draft Youth Strategy is now prepared for Council approval to release to public comment.

Council supported the following recommendation (7-0):

That Council approve the Draft Moyne and Warrnambool Youth Strategy 2025-2030 be released for public comment and review.

7.4. Draft Asset Disposal Policy

Council has a significant asset portfolio which consists of a diverse range of assets across a range of asset classes.

The Asset Disposal Policy (the Policy) has been drafted to guide appropriate disposal practices when staff are disposing of assets, including through selling, trading, decommissioning or gifting.

The Policy defines methods allowable for the disposal of Council owned assets where a process for disposal is not otherwise governed by legislation, regulations, or other policies, plans or practices specific to the individual asset class, for example such as roads where the Road Management Act 2004 applies.

The Policy is a Council policy and is submitted to Council for consideration with a recommendation to adopt.

Council supported the following recommendation (7-0):

That Council adopts the Asset Disposal Policy.

7.5. Award of Contract 2024042 - City Kindergarten Entrance

Council sought and were successful in receiving funding from the State Government to undertake works at the City Kindergarten at Swan Reserve to improve flow and function of the facility which provides both early learning and maternal child health services.

Council publicly advertised a tender for the partial demolition and construction of the new entryway at Swan Reserve on Friday, 31 August 2024, which was open to submission for a period of six (6) weeks.

A tender evaluation of the tender submissions was completed by the Tender Evaluation Panel. Bolden Constructions Pty Ltd is the recommended tenderer to be awarded the Contract as they were determined to have the highest weighted score and, therefore, deemed best value for money.

Council supported the following recommendations (6-0):

That Council:

1. Award Contract No. 2024042– City Kindergarten Entrance to Bolden Constructions Pty Ltd for the tendered amount of $515,483.59 excl. GST, with a total value of $567,031.95 incl. GST.

2. Authorise Council officers to deliver the City Kindergarten Entrance in accordance with the contract under the financial delegations detailed within the Procurement Policy.

3. Authorise the Chief Executive Officer to sign, seal and vary the contract as required.

7.6. Planning Scheme Amendment C213warr - Panel Report Adoption

Amendment C213warr seeks to rezone land at Riverview Terrace, Hopkins Point Road and Casuarina Court, Warrnambool, from the Rural Living zone to the General Residential zone (GRZ1). A combined planning application for a 2 lot subdivision at 32 Riverview Terrace is simultaneously proposed. The amendment removes the Design and Development overlay (DDO2) from the land and replaces it with the DDO17.

During exhibition Council received six submissions and the key issues raised in the submissions include:

- Impact on flora and fauna resulting in loss of biodiversity and associated impact on neighbourhood character

- Impact on views from neighbouring properties associated with the two-lot subdivision of 32 Riverview Terrace

- Requests from government agencies to include certain conditions on any permit issued.

Council resolved to refer the submissions to an independent Planning Panel appointed by the Minister for Planning. An online directions hearing was held on 31 July 2024 followed by an in person panel hearing at Council offices on 27 August 2024.

Council received the Panel report on 3 October 2024, and it was publicly released on 11 October 2024.

The Panel has found that the Amendment is strategically supported and represents a logical extension to the adjoining General Residential zoned land. The Panel also supported the application for subdivision at 32 Riverview Terrace, and concludes that the two lots represent an orderly and logical development of the land. (See Attachment 1 – Panel Report).

Council supported the following recommendations (5-0):

That Council:

1. Pursuant to Sections 27(1) and 96F of the Planning and Environment Act 1987 (the Act), receives and considers the Planning Panel’s report regarding Amendment C213warr and Planning Permit PP2022-0060 to the Warrnambool Planning Scheme.

2. Pursuant to Section 29(1) of the Act, adopts Amendment C213warr as exhibited, subject to the following change:

• Revise Design and Development Overlay Schedule 17 to include “in accordance with any approved amendment plan, as approved under Development Plan Overlay Schedule 13” after ‘Protect views from existing dwellings in Banksia Drive and Acacia Court’.

3. Pursuant to Section 96G (1) of the Act, recommends to the Minister for Planning that planning permit PP2022-0060 to subdivide land at 32 Riverview Terrace, Warrnambool (Clause 32.08-3 and Clause 43.02-3) be granted generally in accordance with the ‘Panel Version-Draft planning permit, C213warr’ subject to the deletion of Condition 15b (Attachment 2).

4. Pursuant to Sections 31(1) and 96H (1) of the Act, submits the final amendment, incorporating the panel's recommendations, and Planning Permit PP2022-0060 to the Minister for Planning for approval.

7.7. Council Plan Actions 2024 - 2025: July - September (Quarter 1)

This report provides information on the progress in achieving the actions set down for 2024-2025 as part of the Council Plan and Budget process. This report provides Council and the community with an update in the progress of actions across Councils' functional areas.

Council supported the following recommendation (7-0):

That the Council Plan Actions 2024 – 2025: July – September (Quarter 1), be received.

7.8. Declaration Of Liquor Free Area In Warrnambool's Central Business District

An internal review of the laws and regulations regarding Consumption of Liquor was requested to assist Local Laws Officers and Victoria Police in enforcing the offence if required.

Council officers have met with Victoria Police who have recommended that a Liquor Free Area be declared for the Warrnambool Central Business District and that Victoria Police Officers be made Authorised Officers to enforce provisions of Clause 64 of the Warrnambool City Council Community Amenity Local Law.

Council supported the following recommendations (7-0):

That Council:

1. Declare at all times the area bound by the corner of Merri Street and Banyan Street, to the corner of Raglan Parade East Bound and Banyan Street, to the intersection of Spence Street and Raglan Parade, to the intersection of Jamieson Street and Spence Street, to the corner if Raglan Parade East Bound and Jamieson Street, to the intersection of Henna Street and Raglan Parade East Bound, following Henna Street to the Railway Line, following the railway line to Pertobe Road, and to the corner of Merri Street and Banyan Street to be a Liquor Free Area, as per the map at attachment 1.

2. Instruct the Chief Executive Officer to issue a notice in the Victorian Government Gazette that any Police Officer may act as an ‘Authorised Officer’ as per section 223 of the Local Government Act 1989 to enforce provisions of Clause 64 of the Warrnambool City Council Community Amenity Local Law regarding the consumption and possession of liquor.

3. Erect signs in consultation with Victoria Police to enable the enforcement of Clause 64 of the Warrnambool City Council Community Amenity Local Law.

4. Note that the restrictions on possession and consumption of liquor do not apply to any business or persons who have a permit to serve or consume liquor.

7.9. Quarterly Financial Report - July to September 2024

This quarterly finance report compares actual financial results to budget and forecast for the three months from 1 July 2024 to 30 September 2024 – refer Attachment 1 Quarterly Finance Report.

The report sets out the financial results for Council’s recurrent (day-to-day) operations, projects, capital works, rates, and borrowings.

Council supported the following recommendation (7-0):

That the Quarterly Financial Report July to September 2024 be received.

7.10. Flagstaff Hill Local Ambassador Program

This report outlines the benefits of establishing a robust network of local ambassadors for Flagstaff Hill (FSH). The proposed "Flagstaff Hill Local Ambassador Program" aims to grant Warrnambool residents free access to Flagstaff Hill Maritime Village, with the exception of structured programs, guided tours, functions, and events. The report details the rationale, program specifics, and expected impacts of this initiative.

Council supported the following recommendation (7-0):

That Council endorses the implementation of the Flagstaff Hill Local Ambassador program where locals enter the village for free.

7.11. 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 25 November 2025 – refer Attachment 1.

Council supported the following recommendation (7-0):

That the record of the Informal Meeting of Council held on 25 November 2024, be received.

7.12. Mayoral & Chief Executive Officer Council Activities - Summary Report

This report summarises Mayoral and Chief Executive Officer Council activities since the last Ordinary Meeting which particularly relate to key social, economic and environmental issues of direct relevance to the Warrnambool community.

Council supported the following recommendation (7-0):

That the Mayoral & Chief Executive Officer Council Activities – Summary Report be received.

8. Notice of Motion

9. General Business

10. Urgent Business

11. Suspension Of Standing Orders

11.1. Resolution To Suspend Standing Orders

That standing orders be suspended to allow members of the public gallery to depart.

11.2. Resolution To Resume Standing Orders

That standing orders be resumed.

11.3. 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 to consider items containing confidential personal information.

12. Section 66 (In-Camera) - Confidential Items

12.1 Minutes In-Camera Meeting of Council – 2 September 2024

12.3 Citizen of the Year Awards 2024

12.4 Early Years Education

13. Resolution To Re-Open Meeting

14. Close of Meeting