Monday 2 June 2025

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

Cr Edis.

3. Confirmation of Minutes

That the Minutes of the Scheduled Meeting of Council held on 5 May 2025 be confirmed. (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 Public Question Time and Item 7.1.

5. Mayoral Presentation

6. Public Question Time

7.1. South Warrnambool and Dennington Flood Investigation - Final Summary Report

The South Warrnambool and Dennington Flood Investigation model is complete and has been independently peer reviewed by an expert consultancy in the field.

All other project outputs are now complete including:

• Flood mapping and animations

• Flood damages estimate

• Pre-feasibility mitigation options analysis

• Emergency management information (inundation tables and flood intelligence/action cards)

• Flood warning assessment

The Investigation confirms that there are flood risks in the study area beyond what was identified in the 2007 studies which currently inform the Warrnambool Planning Scheme. Consequently, the study recommends as a key risk mitigation measure to modify existing planning controls via a Planning Scheme Amendment so that development is not permitted in flood impacted locations. A flood related Planning Scheme Amendment must be accompanied by a Flood Investigation.

By Council resolution, additional consultation was requested to give community members and interested parties adequate time to review the Investigation, including the final summary report. This consultation has now occurred and a number of additional submissions have been received and reviewed. While a range of relevant questions were posed, no new information has been presented that has led the project team to change the content of the summary report, other than typographic errors and some mislabeling of maps.

While several of the submissions challenge the underlying assumptions of the model, officers believe that the original assumptions are justified, and that the appropriate forum for a full review would be at a Planning Panel hearing subject to the requirements of the planning scheme amendment process.

As the planning scheme amendment process can often take upwards of 12 months and there is an associated risk that development could be permitted in flood impacted locations during that intervening time, this report recommends seeking authorisation from the Planning Minister to implement interim planning controls to mitigate against that risk until the full amendment process is completed.

Cr Jellie Moved and Cr Arnott Seconded an Alternative Motion:

That Council:

Notes the Dennington and South Warrnambool Flood Investigation Study.

Does not proceed with the recommendations of this investigation.

Council supported the Alternative Motion (4-1).

7.2. Warrnambool City Council: Council Plan 2025-2029

Council is required under Section 90 of the Local Government Act 2020 to prepare and approve a Council Plan by 31 October following a general election.

The Council Plan, reviewed every four years, is the feature document in Council’s suite of strategic planning documents. It is formulated to guide the work of Council over the next four years.

In December last year Council began community consultation to help inform a new Council Plan.

Community consultation and engagement with Council staff continued in January, February and March 2025 and at the May Council meeting Council voted to release the draft Council Plan for community feedback.

Feedback from these activities has shaped the draft Council Plan 2025-2029.

The final draft of the Council Plan has a strong emphasis on asset renewal, housing matters and advocacy along with commitments to maintain services the community has come to expect of Council such as home support, facilitation of events, cultural and recreational facilities and business support.

Among the proposed new strategies is the use of AI (artificial intelligence) to help deliver efficiencies in Council operations.

Council has prepared a new vision for the next four years, which is: We are a thriving regional leader, rich in opportunities and committed to fostering a sustainable and inclusive lifestyle.

Council supported the following recommendation (6-0):

1. That Council adopt the attached Warrnambool City Council: Council Plan 2025-2029.

2. That Council adopt the attached Warrnambool City Council: Annual Action Plan 2025-2026.

7.3. Warrnambool City Council: Budget 2025-2026

Council’s Budget 2025-2026 has a focus on reducing the asset renewal gap - this means Council is investing in and looking after our existing Council buildings, bridges, roads and paths which are valued in excess of $850 million.

As with other sectors, pricing pressure is driving costs in local government including in the renewal and replacement of assets, which puts pressure on our underlying financial position. Council is responding to this challenge and will invest $9.25 million in existing assets, including:

• $200,000 for capital works at the holiday parks;

• $800,000 for a replacement and upgrade of the roof at AquaZone;

• $800,000 towards making the Civic Centre more accessible; and,

• $200,000 for renewing and upgrading the outdoor netball courts surfaces at Caramut Road.

This is a financially responsible Budget that forecasts a small operating surplus and builds on Council’s long-term sustainability, while continuing to deliver on initiatives that fulfill the objectives of our Council Plan.

The capital works budget of $28.9 million includes:

• $5.2 million for an innovative key worker accommodation project at Shipwreck Bay Holiday Park;

• $7.2 million for completion of work at Wollaston Road including the relocation of high voltage powerlines;

• $534,000 for new footpaths in the industrial precinct that ensure safe linkages to our residential areas

Council supported the following recommendations (6-0):

That Council:

1. Adopt the Warrnambool City Council 2025-2026 Budget as presented in Attachment 1, Sections 1- 6, to this report.

2. Approve the 2025-2026 Fees and Charges as set out in Attachment 1, Section 7, to this report.

3. Note the public submissions as presented in this report.

4. Declares the amount of rates and charges to be raised as follows:

5. Declares that rates, rating differentials and charges for 1 July 2025 to 30 June 2026 align with Council’s Revenue and Rating Plan and will be applied as outlined in section 4.1 of the budget.

6. Notes that rates and charges must be paid by four instalments made on or before the following dates:

a. Instalment 1 – 30 September 2025

b. Instalment 2 – 30 November 2025

c. Instalment 3 – 28 February 2026

d. Instalment 4 – 31 May 2026

7. Requires that any person pays interest on any amounts of rates and charges which:

a. That person is liable to pay; and

b. Have not been paid by the dates specified for their payment; and

c. Are not specifically waived as part of Council’s Hardship Provisions.

8. Authorise the Manager Financial Services to levy and recover the rates and charges in accordance with the Local Government Act 2020.

9. That Cultural and recreational Land be levied in accordance with section 4(1)(3) of the Cultural and Recreational Lands Act 1963, the amounts payable in respect of recreational lands under this act shall be in accordance with the attached budget document.

10. That no incentives be offered or declared for early payment of rates or charges.

7.4. Revenue and Rating Plan 2025-2029

Section 93 of the Local Government Act 2020 requires a Council to prepare and adopt a Revenue and Rating Plan by the next 30 June after a general election for a period of at least the next 4 financial years.

The purpose of the Revenue and Rating Plan is to determine the most appropriate and affordable revenue and rating approach for the Warrnambool City Council which in conjunction with other income sources will adequately finance the objectives in the council plan.

Council resolved to put the Plan out for community consultation at a Scheduled Meeting of Council on 5 May and received no submissions from the community.

It is proposed that Council adopt the Revenue and Rating Plan at the Scheduled Council meeting on 2 June 2025.

Council supported the following recommendation (6-0):

That Council adopt the Revenue and Rating Plan 2025–2029.

7.5. Community Engagement Policy 2025-2029

Under the Local Government Act 2020, all Victorian Councils must have a Community Engagement Policy. The Policy describes when and how the Council will engage with the community on key processes including the development of the Council Plan, Community Vision (plan), annual Budget, Financial Plan and Asset Plan.

Council’s existing Community Engagement Policy was reviewed earlier this year with the most significant change to the policy being the addition of the influence of the Gender Equality Act and how consultations must address any obligations under this Act.

An internal community engagement template to help guide staff in delivering consultations has also been prepared.

In April Council voted to release the draft policy for community review. One submission was received.

Council supported the following recommendation (6-0):

That Council adopt the Community Engagement Policy 2025-2029.

7.6. Draft Creative Warrnambool Strategy 2025-2029

The Creative Warrnambool Strategy is the city’s first creative strategic plan. It is designed to support the growth of Warrnambool’s creative enterprise and prioritise initiatives that foster a diverse and vibrant creative sector. This foundational strategy aims to establish a solid base for growth, with the expectation that future versions will build upon its activities and vision.

The projects outlined in the strategy represent an achievable and measurable plan for Council to contribute to the city’s cultural development over the next four years.

Council supported the following recommendation (6-0):

That Council endorses the draft Creative Warrnambool Strategy 2025-2029 for public release and community feedback.

7.7. Pathways Asset Management Plan and Stormwater Drainage Asset Management Plan

The current Pathways Asset Management Plan was adopted by the Council in 2017 and was due for review. Similarly, the Stormwater Drainage Asset Management Plan requires updating to reflect updated information since the last plan dated May 2020.

The Asset Management Plans (AMPs) detail information about infrastructure assets with actions required to provide an agreed level of service in the most cost-effective manner while outlining associated risks. The plans define the services to be provided, how the services are provided, and what funds are required over a 10-year planning period.

Council supported the following recommendations (6-0):

1. That Council adopt the Pathways Asset Management Plan.

2. That Council adopt the Stormwater Drainage Asset Management Plan.

7.8. Quarterly Financial Report - March 2025

The Quarterly Financial Report compares actual financial results to budget and forecast for the three months from 1 January 2025 to 31 March 2025 (refer attachment).

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

An updated forecast was last prepared in December and remaining budgets rephased in March, as deemed appropriate, per end of year operating expectations.

The net cash result for the financial year is a forecast surplus to budget of $0.077m. This is the net impact across operations, projects and capital budgets.

The report meets the requirements of section 97 of the Local Government Act 2020 to present a quarterly financial report to Council at a public meeting that compares actual results against budget.

Council supported the following recommendation (6-0):

That the Quarterly Financial Report attached, ending March 2025, be received.

7.9. Tender 2025017 - Unified Communications (Telephone System Replacement)

An open market tender process has been undertaken for the replacement of Councils Current Legacy Communications platform. Tender 2025017 - Unified Communications Telephone system replacement.

22 submissions from suppliers for the tender were received by Council.

A final consideration of tenders was then evaluated by a group of nine (9) Council Staff, with the subsequent selection of Ericom (also the best value for money assessment) as the preferred tenderer.

Council supported the following recommendations (6-0):

That Council:

1. Enters into a Proof of Concept trial period for the demonstration of Ericom's telephony platform and systems to assess suitably for ongoing use at a cost of $19,420.00 ex GST.

2. Delegate to the Chief Executive Officer the authority to enter into the contract 23025017 for a unified communications system from Ericom at the cost of $595,770.00 ex GST for a three-year term, at the Chief Executive Officer's discretion, subject to a successful Proof of Concept trial period.

3. Accept the schedule of rates offered within the Ericom bid to undertake any extra works over and above the lump sum price if required, provided that additional works can be accommodated within the project budget.

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

7.10. Tender 2025036 - Supply And Delivery Of Meals

Council has undertaken a tender process for the supply and delivery of meals suitable for the Meals on Wheels program. Three tenders were received and after evaluation, South West Healthcare has been selected as the preferred provider.

The quoted price per meal has increased from $12.98 per unit to $17.27, a 33% increase which will require a review of the fees charged for this service.

Council supported the following recommendation (6-0):

That Council award Tender 2025036 - Supply and Delivery of Meals to South West Healthcare, Warrnambool for the period 1 July 2025 to 30 June 2027.

7.11. King Street Drainage Project – Variation

The King Street Drainage project consists of carrying out works to improve the Council’s stormwater drainage system in King Street to reduce flood risks within the area.

A tender process was undertaken through January and February 2025 in accordance with Council’s Procurement Policy, with a contract awarded to CivilNow for the project cost of $351,542.00 ex GST.

Due to the project encountering significant volumes of rock, a variation to the contract is required to complete the project. This is likely to push the total cost of the project above the Chief Executive Officer’s financial delegation of $400,000.00.

This report seeks Council’s approval to delegate financial authority to the Chief Executive Officer to approve contract costs above over and above his delegated limit of $400,000.00.

Council supported the following recommendation (6-0):

That Council delegate financial authority to the Chief Executive Officer to approve contract costs above $400,000.00 up to a limit of $450,000.00 on Contract 2025023 – King Street Drainage Works.

7.12. Councils Future Electricity Contracts from 1 July 2025

Council has currently committed 70% of its electricity load to the Power Purchase Agreement (PPA) until 31 December 2030.

The remaining 30% of Council’s electricity procurement is with the State Government contract for small sites. Council’s procurement contract with the State Government expires on 30 June 2025.

Council has committed to strive for net zero greenhouse gas emissions by 2026. The remaining 30% of electricity if moved across to the Power Purchase Agreement (PPA), will assist in meeting this target.

While Council has previously committed to procure its small electricity market through the State Government contract, recent comparisons with PPA prices have demonstrated that the remaining 30% of electricity under the State Government Contract, does not represent the best price for electricity.

The risk of exposure to the electricity market by transferring from 70% to 100% electricity with the PPA is low. The PPA contract allows for a low electricity market price due to a market price cap of $56.44 until 31 December 2030.

The risk of electricity failure from 100% electricity being with one provider is also low. The PPA has safeguards in place if accounts are impacted by current retailer failure.

Council supported the following recommendations (6-0):

That Council:

1. Approve the transition from the State Government contract to the PPA contract for all small electricity accounts.

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

7.13. Community Development Fund 2024-2025 Round 2

Council received eighteen (18) applications for the Community Development Fund 2024/2025 Round 2 program.

Of the eighteen (18) applications, four (4) applicants were ineligible, and one (1) application was adjusted to meet the category funding amount.

This report recommends $61,098 be allocated to fourteen (14) eligible community clubs and organisations under the Community Development Fund 2024/2025 Round 2 program.

Council supported the following recommendations (6-0):

That Council

1. Approve funding of $61,098 to fourteen community clubs and organisations under the Community Development Fund 2024/25 Round 2 Program as follows:

2. Advise all applicants of the outcome of the assessment process and where applicable, Council guidelines associated with the grant.

3. Approve the roll-over of unspent funds from Round 1 and Round 2 of the 2024/2025 Community Development Fund being $43,902, to the 2025/2026 budget allocation for Community Development Fund.

7.14. Advisory Committee & Reference Group Reports

This report relates to the Cycling Reference Group meeting, held Wednesday 7 May 2025, with a range of items discussed.

Key items from the meeting include discussion on the endorsed work plan, Council strategy tie-in and the review of upcoming capital projects.

Council supported the following recommendation (6-0):

That the record of the Cycling Reference Group meeting held on 7 May 2025, be received.

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 5 May 2025.

2. Monday 12 May 2025.

3. Monday 26 May 2025.

Council supported the following recommendation (6-0):

That the record of the Informal Meetings of Council held on 5, 12 and 26 May 2025 be received.

7.16. 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 (6-0):

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

8. Notice of Motion

Notice of Motion - No. 2159

Cr. Vicki Jellie

Notice is given that at the Scheduled Meeting of Council to be held on Monday 2 June 2025, I propose to move that:

“Warrnambool City Council

1. Acknowledges that state legislation in relation to the Emergency Services and Volunteers Fund levy legally forces Council to –

a. Collect the levy on behalf of the Victorian Government;

b. Not issue a separate rate notice for the levy; and

c. Proportionally allocate a payment to the State Government to pay for the levy in the event that a ratepayer pays less than the total amount of Council Rates and the levy.

2. While acknowledging its legal obligation to comply, strongly objects to the imposition of this responsibility, which shifts a state taxation collection burden onto local government and potentially impacts the relationship between Council and our community.

3. Direct the Chief Executive Officer to write to the Victorian Premier, Treasurer and local members of Parliament to express Council’s concern about the Emergency Services and Volunteers Levy which will unfairly impact on rural and regional communities and to encourage the State Government to do more to support drought affected communities of South-West Victoria.

4. Direct the Chief Executive Officer to write to the Federal Minister for Emergency Management and Minister for Regional Development, Local Government and Territories to encourage the Federal Government to do more to support drought affected communities of South-West Victoria.”

Council supported the Notice of Motion (6-0).

9. General Business

10. Urgent Business

11. Close of Meeting