- Agenda attachments March 3, 2025 (70.44 MB)
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
That the Minutes of the Scheduled Meeting of Council held on 3 February 2025 be confirmed. (7-0)
4. Declaration by Councillors and Officers of any Conflict of Interest in any Item on the Agenda
Cr Ziegeler Declared a Conflict in Item 7.1.
5. Mayoral Presentation
6. Public Question Time
7.1. South Warrnambool And Dennington Flood Investigation
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 has confirmed 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 to occur in unsafe locations. A flood-related Planning Scheme amendment must be accompanied by a Flood Investigation adopted by Council.
The Planning Scheme amendment process can often take upwards of 12 months. As there is a risk that development could be permitted in unsafe 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 Alternate Motion. Council supported the Alternate Motion (6-0):
That Council:
- Defer this decision to the Ordinary Meeting of Council on June 2, 2025.
- Place the final South Warrnambool and Dennington flood investigation on public display and undertake an additional round of community consultation on the final flood investigation for a period of no less than four weeks.
7.2. Youth Strategy (Warrnambool & Moyne) 2025 - 2030 Council Adoption
Warrnambool City Council (WCC) and Moyne Shire Council (MSC) have collaborated to produce a joint Youth Strategy (the Strategy) that crosses municipal boundaries. 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. It includes an action plan, which identifies joint and individual Council’s actions and responsibilities. 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.
On 25 Nov 2024 Council released the draft Youth Strategy for public comment between 11 Dec 2024 and 8 Jan 2025. Submissions were received from:
- Let's Talk Australia - Abbi Power
- Youth Advisory Council Victoria - Karen Walsh, Brit Watts and Derm Ryan
- WRAD - Mark Powell
Where appropriate, changes were made to the Strategy because of these submissions.
Council supported the following recommendation (7-0):
That Council adopt the Moyne and Warrnambool Youth Strategy 2025-2030.
7.3. Planning Scheme Amendment C220
The site at 2 Mortlake Road was identified as locally significant following a 2010 heritage assessment. However, despite being included on the indicative list of the Warrnambool Heritage Gap Study adopted by Council at the time, the property did not get included in the final list of properties that were applied with a heritage overlay.
A current assessment confirms that the building’s condition does not diminish its historical and associative significance, warranting heritage designation, which requires a planning scheme amendment to include the address in the heritage overlay.
The amendment also seeks to review the extent of the heritage overlay for existing HO145 relating to a dwelling now located at 1A Reginald Grove, Warrnambool. This review was recommended by the Eastern Activity Centre Structure Plan (EACSP) to correct a mapping anomaly by more accurately applying the overlay to the areas of significance at 71 Raglan Parade.
The amendment proposes to consolidate the Heritage Guidelines (Warrnambool City Council, 2015) with the Warrnambool Heritage Guidelines and Precinct Statement of Significance (Grieve Gillet, 2012) and incorporate the updated version into the Warrnambool Planning Scheme. This action is supported by the Planning Scheme Review Report (2023) and anticipated by Clause 74.02 of the Warrnambool Planning Scheme.
The amendment also recommends:
- Incorporating the document into Clause 72.04 as an Incorporated Document.
Council supported the following recommendations (7-0):
That Council:
1. Pursuant to Section 8A of the Planning and Environment Act 1987, request authorisation from the Minister for Planning to prepare a planning scheme amendment to apply heritage controls to 2 Mortlake Road, Warrnambool, review the extent of HO145 and realign its map boundaries, and to insert Heritage Guidelines (2015) as an appendix to the Warrnambool Heritage Guidelines and Precinct Statement of Significance (2012) and incorporate the updated version into the Warrnambool Planning Scheme.
2. Following authorisation from the Minister for Planning in accordance with Section 9 of the Planning and Environment Act 1987, prepare and exhibit an amendment to the Warrnambool Planning Scheme to introduce associated policy and material ordinance and mapping changes into the Warrnambool Planning Scheme.
7.4. S6 Instrument of Delegation
Council as a legal entity can only make decisions by resolution of Council at a Council meeting. As a matter of practicality, Council opts to delegate various powers and functions to Council staff so that they can make decisions on their behalf as part of their day-to-day activities.
Council delegates primarily through two instruments, one delegating power to the Chief Executive Officer to then sub-delegate as appropriate, and another delegating powers that cannot be subdelegated directly to Council staff.
The S6 Instrument of Delegation to Members of Council staff has been thoroughly reviewed and is attached for Council consideration.
Council supported the following recommendations (7-0):
In the exercise of the powers conferred by the legislation referred to in the attached instrument of delegation, Warrnambool City Council resolves that:
1. There be delegated to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached S6 Instrument of Delegation to Members of Council staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument.
2. The instrument comes into force immediately upon the common seal of Council being affixed to the instrument.
3. On the coming into force of the instrument all previous S6 Instruments of Delegation to Members of Council staff are revoked.
4. The duties and functions set out in the instrument must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.
5. Authorises the CEO to make administrative changes to the document to correct any titles and typographical errors and to enable the document to be appropriately sealed.
7.5. Council Plan Actions 2024 - 2025: October - December (Quarter 2)
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: October – December (Quarter 2), be received.
7.6. Appointment Of Independent Audit And Risk Committee Member
The Audit and Risk Committee (the Committee) is an independent advisory committee established under section 54 of the Local Government Act 2020.
A vacancy for an independent committee member recently opened due to the resignation of a previous member.
The charter for the Audit and Risk Committee states that Council must appoint independent members to the Committee and must appoint the chairperson.
An expression of interest for the vacant position was recently conducted, including advertising in local media and on Council’s website.
Candidates were reviewed and this recommendation is based on assessment of their skills, experience, and expertise.
Council supported the following recommendation (7-0):
That Wilson Tang be appointed as an independent member of Council’s Audit and Risk Committee for a four-year term, with full voting rights for the upcoming Committee meeting on 4 March 2025.
7.7. Tender Award 2025019 - Provision of Security Services
A public tender was advertised on Saturday 6 December 2024 inviting tender submissions from suitably qualified and experienced contractors for the provision of Security Services.
Close of tenders was advertised for 2:00pm Friday 17 January, 2025.
The recommendation is to proceed with the tender offer provided by R&M Security Services for the tendered amount of $633,808.32 Ex. GST p.a. for the initial three year term. (this amount is not including rates for ad hoc services or allowance for the rise and fall due to CPI adjustment).
The Contract Term is for three (3) years with two (2) x one (1) year extensions. Fully exercised, the minimum value of the contract will be $1,056,347.20 Ex GST or $1,161,981.92 Inc. GST, made up of the tendered sums based on minimum requirements of the specification for the initial three year term and both one year extensions. The full cost of entering into the contract is dependent on CPI rise and fall allowed for in the contract conditions and any additional, ad hoc or emergency services that will be required throughout the life of the contract.
Council supported the following recommendations (7-0):
That Council
1. Award Contract 2025019- Provision of Security Services to R & M Security Services Pty Ltd for a minimum value of $633,808.32 Ex. GST, being for an initial three (3) year term with the option of two (2) x one (1) year extensions.
2. That the schedule of rates offered, and CPI rise, and fall is accepted for the life of the contract.
3. Authorize the CEO to sign, seal and vary the contract as required.
7.8. 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 10 February 2025 – refer Attachment 1.
2. Monday 17 February 2025 – refer Attachment 2.
3. Monday 24 February 2025 – refer Attachment 3.
Council supported the following recommendation (7-0):
That the records of the Informal Meetings of Council held on 10, 17 and 24 February 2025 be received.
7.9. 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
Standing Orders suspended to allow members of the public gallery to depart.
11.2. Resume Standing Orders
Standing orders to 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) Meeting - Confidential Items
12.1 Minutes In-Camera Meeting Of Council – 2 December 2024.
12.2 Minutes CEO Employment Matters Advisory Committee - 24 February 2025.
13. Resolution to Re-Open Meeting
The meeting be re-opened to members of the public.
14. Close of Meeting