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 Paspaliaris.
3. Confirmation of Minutes
That the Minutes of the Scheduled Meeting of Council held on 5 August 2024 be confirmed. (6-0)
4. Declaration by Councillors and Officers of any Conflict of Interest in any Item on the Agenda
None.
5. Mayoral Presentation
6. Public Question Time
7.1. Draft Operations Report, Financial Statements, Annual Performance Statement And Governance Checklist 2023-2024
The Auditor-General is responsible under part 3 of the Audit Act 1994 for the audit of Council’s annual Financial and Performance Statements. These audits are conducted by contractors as agents of the Auditor-General. RSD Audit has been appointed Auditor-General’s agent and conducted the 2023-24 audit.
The Audit and Risk Committee considered the Statements at its meeting held on Tuesday 27 August 2024. The recommendations in this report were endorsed by the Audit and Risk Committee at this meeting.
Sections 98-100 of the Local Government Act 2020 (LGA) and the Local Government (Planning and Reporting) Regulations 2020 deal with statutory procedures that govern the preparation of an Annual Report inclusive of Financial Statements, Performance Statement, report of operations, auditor’s reports, and adoption by Council.
Section 98 of the Local Government Act 2020 states that Council must prepare an Annual Report as soon as practicable after the end of each financial year.
The Annual Report must contain:
a) a report of operations of the Council;
b) an audited Performance Statement;
c) audited Financial Statements;
d) a copy of the auditor's report on the Performance Statement;
e) a copy of the auditor's report on the Financial Statements under Part 3 of the Audit Act 1994;
f) any other matters prescribed by the regulations.
Council must first pass a resolution to give in-principle approval to the Performance Statement and Financial Statements before providing the statements to the auditor.
After the Financial and Performance Statements have achieved final sign-off from the Victorian Auditor General, the Mayor must report on the implementation of the Council Plan by presenting the Annual Report at an open Council meeting within four months of the end of the financial year (October 31).
The final version of the Annual Report to be considered by Council will be aesthetically improved.
Once considered the Annual Report remains available on Council’s website for the community to access.
The Annual Report has been prepared in accordance with the objectives contained in Council’s Election Period Policy, with specific reference to item 2.8.2 of the policy which states that the Annual Report must not include matter that may be considered electioneering or publicising attributes or achievements of individual Councillors.
Council supported the following recommendations (6-0):
1. That Council approve in principle the 2023-2024 Financial Statements 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 and Risk Committee.
2. That Council approve in principle the 2023-2024 Performance Statement 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 and Risk Committee.
3. That Councillor Angie Paspaliaris and Councillor Ben Blain be authorised to certify the 2023-2024 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 2023-2024 Performance Statement, after any changes by the review of audit from the Victorian Auditor-General have been made.
5. That the Mayor Cr Ben Blain and Chief Executive Officer Andrew Mason be authorised to certify the government and management arrangements as contained in the draft Operations Report.
7.2. Warrnambool Car Parking Strategy
The Warrnambool Car Parking Strategy has been prepared to guide management of public car parking within the municipality.
• Public exhibition of the draft strategy has been undertaken, including publication on Council’s Your Say website and notification in the newspaper and social media.
• Thirteen submissions have been received on the draft Warrnambool Car Parking Strategy.
• This report provides an outline of the submissions and response to inform the final Warrnambool Car Parking Strategy.
Council supported the following recommendation (6-0):
That Council endorse the Warrnambool Car Parking Strategy 2024.
7.3. Warrnambool Library And Learning Centre Meeting Room Policy
The Warrnambool Library and Learning Centre Meeting Room Policy is a new policy intended to provide guidance regarding the principles and general conditions that relate to use of meeting and multi-purpose rooms within the Warrnambool Library and Learning Centre.
The library has a number of meeting rooms and multi-purpose spaces. This policy supports consistent, fair and equitable decision making and processes for the public use, allocation, and management of the library’s meeting and multi-purpose rooms aligned with the intent and purpose of the library.
Council supported the following recommendation (6-0):
That Council adopt the Warrnambool Library and Learning Centre Meeting Room Policy 2024.
7.4. Brierly Sports And Community Hub Business Plan - Project Progress Report
This report provides an update on the development of a Business Case for a sports and community hub for Brierly Reserve.
It summarises the outcomes of the community engagement process undertaken to inform the development of a functional brief for the facility.
The functional brief has enabled the development of concept designs, high-level costings and Business Case.
The report outlines the potential users and uses of the Hub.
Cr Jellie Moved and Cr Arnott Seconded an Amendment to the Motion Council
1. That Council approve the release of the draft Brierly Reserve Sports and Community Hub concepts for information.
2. That Council supports the submission of grant funding applications as they become available to progress the project.
3. That Council endorse Concept Option 1 to inform future design development
Council supported the Amended Motion (6-0).
7.5. Calendar Of Dates Of Recognition And Observance Days
Days of recognition, observation or celebration (dates of recognition) are often internationally identified, a national recognition or could be a local occasion, which mark particular events or topics in order to promote awareness and action, and the objectives of the organisation or promote a sense of belonging to an idea and what it represents.
It is proposed that a calendar of dates of recognition be re-established for the organisation with clear identification of the dates of significance that Council will celebrate. The days recognised and observed will mark particular events or topics which have relevance to the broader community and align with a Council service or policy. Dates will be either Council recognised or organisation recognised and the level of resources, communications with the community and activities will vary depending on the day of recognition.
Consultation with the community has generated some feedback and suggestions for consideration.
13 responses were received with 92% in support of the proposed calendar of dates of recognition.
13 additional dates were nominated for inclusion and one comment suggested rationalisation of weeks/days where there was duplication. Council officer responses to the suggestions are provided under Community Impact/ Consultation section below. The recommended additions to the calendar of dates of recognition are:
• Remembrance Day as a Council observed day;
• Dying to Know Day as an Organisation observed day; and
• Retain World Refugee Day only and remove World Refugee Week.
Council supported the following recommendation (6-0):
That Council:
1. Endorse the recognition of the following dates of recognition to be Council-observed dates for 2024-2025:
• IDAHOBIT Day
• International Women’s Day
• National Reconciliation Week
• ANZAC Day
• Citizen of the Year Ceremony
• National Volunteer Week
• National Tree Day
• Clean Up Australia Day
• Remembrance Day
2. Acknowledge that a range of other dates of recognition will be observed by the organisation and implemented by Council’s services typically as programs of activities and with external messages to community shared through Council’s communication channels.
7.6. DP2024-0002 - Development Plan Application For 28 Aberline Road
A development plan application was received in June 2024 relating to the land as described, which is an approximately 4500m2 parcel on the eastern side of Aberline Road in Warrnambool’s northeast.
The plan is in fact an amendment to a previously approved development plan which showed subdivision for future residential development.
The current plan was subject to public exhibition in July, including both internal and external referrals.
On the basis of submissions received and input from Council officers, an amended plan was submitted in August 2024.
The amended plan shows an intended layout to develop the land with one building that could incorporate a childcare centre and swim school.
Two crossovers are proposed to service a dedicated parking area, where allowance has been made for the widening of Aberline Road in line with the intent of the North East Warrnambool Structure Plan, 2008.
Council supported the following recommendation (6-0):
That having considered all the matters normally required under Section 60 of the Act for planning applications, Council approve the Development Plan under the relevant provisions of the Warrnambool Planning Scheme in respect of the land described as Lot 1 TP 830561Q, known as 28 Aberline Rd WARRNAMBOOL VIC 3280, which seeks to facilitate a mixed use development (childcare centre and swim school) on the subject site.
7.7. Tender Award 2024053 - Provision Of Contract Cleaning Services For Main Council Buildings
This contract is intended to provide a cleaning service for Main Council Buildings, including the Civic Centre, West Wing, Archie Graham, Warrnambool Art Gallery, Lighthouse Theatre, The Warrnambool Library and Learning Centre, and other Council buildings.
Twenty-one (21) tender submissions were received and considered by the Tender Assessment Panel.
This report recommends that Contract 2024053 - Provision of Contract Cleaning Services at Main Council Buildings be awarded to Broadscope Facility Services Pty Ltd.
The contract is for a 3-year period with options to extend for two further twelve-month periods (2 x 1 year).
Council supported the following recommendations (6-0):
That Council:
1. Awards Contract 2024053 - Provision of Contract Cleaning Services for Main Council Buildings to Broadscope Facility Services Pty Ltd for a minimum 3-year period at the annual lump sum of $355,240.77 excl. GST ($390,764.85 Inc. GST), indexed annually at CPI.
2. Accepts the schedule of rates component of 2024053 - Provision of Contract Cleaning Services for Main Council Buildings to Broadscope Facility Services Pty Ltd for one off cleans, additional cleans and emergency cleans.
3. Notes that Contract 2024053 - Provision of Contract Cleaning Services for Main Council Buildings is for a three-year period with the option of 2 x 1 year extensions.
4. Notes that the estimated total spend across the 5 x year length of the contract to be $2,053,988.42 inclusive of GST.
5. Authorises the CEO to sign, seal and vary the contract as required, and delegate the CEO the authority to determine if the contract extension is to be exercised and to execute the extension as required (2 x 1 year terms).
7.8. Tender Award 2024054 - Provision Of Contract Cleaning Services For Aquatic And Hard Court Sport Centres
The intent of this contract is to provide a cleaning service for Aquatic & Hard-Court Sport Centres.
Twelve tender submissions were received and considered by the Tender Assessment Panel.
This report recommends that Contract 2024054 - Provision of Contract Cleaning Services for Aquatic & Hard-Court Sport Centres be awarded to Makkim Pty Ltd trading as Australian Environmental Cleaning Services.
The contract is for a 3-year period with options to extend for two further twelve-month periods (2 x 1 year).
Council supported the following recommendations (6-0):
That Council:
1. Awards Contract 2024054 - Provision of Contract Cleaning Services for Aquatic & Hard-Court Sport Centres to Makkim Pty Ltd. T/A Australian Environmental Cleaning Services for a minimum 3-year period at the annual lump sum of $89,420.00 excl. GST ($98,362.00 Inc. GST), indexed annually at CPI.
2. Accepts the schedule of rates component of 2024025 - Provision of Contract Cleaning Services for Aquatic & Hard-Court Sport Centres from Makkim Pty Ltd. T/A Australian Environmental Cleaning Services for one off cleans, additional cleans and emergency cleans.
3. Notes that Contract 2024054 – Provision of Contract Cleaning Services for Aquatic & Hard-Court Sport Centres is for a three-year period with the option of 2 x 1 year extensions.
4. Notes that the estimated total spend across the 5 x year length of the contract to be $517,022.99 inclusive of GST.
5. Authorises the CEO to sign, seal and vary the contract as required, and delegate the CEO the authority to determine if the contract extension is to be exercised and to execute the extension as required (2 x 1 year terms).
7.9. Tender Award 2024050 - Val Bertrand Sports Court Flooring Renewal
Council publicly advertised a tender for the Design and Construct of the Val Bertrand Sports Court and Vinyl Flooring Renewal on Friday 12 July 2024 and was open to submission for a period of four (4) weeks.
A tender evaluation was completed by the Tender Evaluation Panel and determined that R&B Flooring Pty Ltd is the recommended tenderer to be awarded the Contract as they are considered to be the best value for money and had the highest weighted score.
The other tenderers could not achieve the timeframes required by WCC and had limited warranties.
Council supported the following recommendations (6-0):
That Council:
1. Award Contract No. 2024050 to R&B Timber Flooring Pty Ltd, for the tendered amount of $512,000.00 excluding GST, with a total delegated award value of $563,200.00 including GST.
2. Authorise Council Officers to deliver the Val Bertrand Stadium Flooring Renewal in accordance with the contract under the financial delegations detailed within the Procurement Policy.
3. Accept Provisional Item value of $45,000 excluding GST for Dayworks as directed by Superintendent to undertake any extra work if required, provided that additional works can be accommodated within the Project budget.
4. Authorise the CEO to sign, seal and vary the contract as required.
7.10. Cycling Reference Group Minutes 07 August 2024
This report relates to the Cycling Reference Group meeting, held Wednesday 7 August 2024, 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 August 2024, be received.
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 12 August 2024 – refer Attachment 1.
Monday 19 August 2024 – refer Attachment 2.
Monday 26 August 2024 – refer Attachment 3.
Council supported the following recommendation (6-0):
That the record of the Informal Meetings of Council held on 12, 19 and 26 August 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 (6-0):
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 - 4 March 2024
12.2 Minutes – Audit & Risk Committee meetings –
• 14 November 2023,
• 5 March 2024,
• 14 May 2024
12.3 Minutes CEO Employment Matters Advisory Committee - 12 August 2024.
13. Resolution To Re-Open Meeting
14. Close of Meeting