Monday 5 February 2024

Meeting Date:
Agenda:
Minutes:
Supporting Documents:

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

The below summary is unconfirmed until the Minutes of the February 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 4 December 2023, be confirmed. (7-0)

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. CHIEF EXECUTIVE EMPLOYMENT AND REMUNERATION POLICY 2024

Warrnambool City Council’s Chief Executive Officer and Employment and Remuneration Policy is currently due for review. Several changes have been made to the document to improve it and bring it better in line with both the Chief Executive Officer Employment Matters Advisory Committee Terms of References and the Chief Executive Officer’s contract of employment. Some very minor syntax and grammatical changes have also been made to the terms of reference document.

Council supported the following recommendations (7-0):

That Council:

1. Revoke the Chief Executive Officer Employment and Remuneration Policy adopted on 6 December 2021.

2. Revoke the Chief Executive Officer Employment Matters Advisory Committee Terms of Reference adopted on 4 December 2023.

3. Adopt the attached Chief Executive Officer Employment and Remuneration Policy 2024.

4. Adopt the attached Chief Executive Officer Employment Matters Advisory Committee Terms of Reference.

7.2. USE OF ARTIFICIAL INTELLIGENCE POLICY 2024

Local Government to operate more effectively and efficiently. However, there is also the potential for AI to be poorly used or applied and there are also ethical questions when it comes to the use of AI for some tasks.

The attached Use of Artificial Intelligence Policy 2024 seeks to address the use of AI tools by Council staff in a way that embraces the potential of positive transformative change presented by the technology, but also ensures that the utilisation of AI aligns with Council’s legal, ethical, and community standards.

Council supported the following recommendation (7-0):

That Council adopt the Use of Artificial Intelligence Policy 2024.

7.3. S11A INSTRUMENT OF APPOINTMENT AND AUTHORISATION (PLANNING AND ENVIRONMENT ACT 1987)

The purpose of this report is to seek Council’s endorsement for appointment of authorised officers under the Planning and Environment Act 1987 through the updated Instrument of Authorisation and Appointment (‘the instrument’). This is the result of a recent appointment.

By authorising the relevant officers to perform their duties under the Planning and Environment Act 1987, Council will ensure these officers have the required authority to carry out their roles within legislated requirements.

Council supported the following recommendations (7-0):

Council resolves that:

1. The persons referred to in the instrument attached be appointed and authorised as set out in the instrument.

2. The instrument comes into force immediately upon the common seal of Council being affixed to the instrument and remains in force until Council determines to vary or revoke it.

3. The Instrument of Appointment and Authorisation (Planning and Environment Act 1987) dated 6 November 2023 be revoked.

4. The common seal of Council be affixed to the Instrument.

7.4. SHORT STAY ACCOMMODATION LOCAL LAW REVIEW

With the introduction of new legislation relating to short stay accommodation in 2025 as part of the State Government’s housing statement, Council will no longer be able to charge a registration fee for short stay accommodation. This report reviews the operation of the short stay accommodation Local Law for the last 12 months and makes recommendation regarding the Local Law’s operation for the 2024 calendar year.

Council supported the following recommendations (6-1):

That Council:

1. Resolve to not charge the Short Stay Accommodation Local Law registration fee for the 2024 calendar year.

2. Instructs the Chief Executive Officer to undertake the required legislative process to revoke the Warrnambool City Council Local Law No. 2 – Short Stay Accommodation Local Law.

7.5. QUARTERLY FINANCIAL REPORT - OCTOBER TO DECEMBER 2023

This quarterly finance report compares actual financial results to budget and forecast for the three months from 1 October 2023 to 31 December 2023 – 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.

Overall, the actual results indicate an unfavourable financial position of ($0.29m) compared to the YTD forecast. However, this is mainly due to timing of project funding and expenditure, with recurrent operations favourable to forecast by $0.3m on a year-to-date basis.

An updated forecast was prepared in December resulting in a full year forecasted cash position of $0.55m. The net impact was a favourable increase to the previously budgeted position, mainly resulting from savings in employee costs due to vacancies, higher than budgeted interest on investments and higher supplementary property rates from new developments. The updated forecast shows that Council remains in a sound financial position.

Under section 97(3) of the Local Government Act 2020, The CEO is required to make a statement in the second quarterly statement of the year as to whether a revised budget is required.

A revised budget for 2023-24 is not required.

This 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 (7-0):

That the Quarterly Financial Report for the period October to December 2023 be received.

7.6. AWARD OF CONTRACT 2024016 - BRIERLY REC RESERVE EASTERN OVAL REDEVELOPMENT - ELECTRICAL & LIGHTING CONSTRUCTION WORKS

A public tender was advertised on Saturday 11th November 2023, inviting tender submissions from suitably qualified and experienced contractors to carry out the construction of the Electrical & Lighting Construction component of Brierly Recreation Reserve Eastern Oval Redevelopment.

Close of tenders was 2:00pm 15 December 2023. Many companies downloaded the tender documents through the online portal.

The submissions received have been assessed by a tender assessment panel.

The submissions received were within the budget range as per the original estimate.

The officers recommendation is to proceed with the tender offer provided by Simon Lucas Electrical Services Pty Ltd for $405,839.00 excluding GST.

Council supported the following recommendations (7-0):

That Council:

1. Award Contract No. 2024016 Brierly Recreation Reserve Eastern Oval Redevelopment –

Electrical & Lighting Construction to Simon Lucas Electrical Services Pty Ltd, for the tendered amount of $405,839.00 excluding GST, with a total delegated award value of

$446,422.90 including GST.

2. Accept the schedule of rates offered 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.

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

7.7. FLAGSTAFF HILL RE-IMAGINED VISION & OPPORTUNITIES PLAN DRAFT REPORT

The Flagstaff Hill Re-Imagined Vision and opportunities plan offers a vision for Flagstaff Hill (FSH) including ambitious opportunities based on research and appropriate industry engagement. There has been extensive engagement with specific industry leaders in forming the final draft.

Along with the extensive community engagement during the compilation of the plan, with over 500 respondents, the final draft document received another 20 written submissions while on public display.

This plan was produced incorporating research around the latest tourism data and previous work looking into benchmarking FSH current operations against similar experiences in Victoria.

Council supported the following recommendation (7-0):

That Council adopt the Flagstaff Hill Re-Imagined Vision and Opportunities Plan.

7.8. WARRNAMBOOL EVENTS STRATEGY – DRAFT

Events are a key driver of economic activity and can form part of a place’s identity. They also promote and enhance social cohesion and wellbeing in the community. The draft Events Strategy 2024-28 (attached) is presented for review and endorsement by Council to be released for public consultation.

Council supported the following recommendation (7-0):

The Council resolves to release the draft Events Strategy 2024-2028 for public consultation for a period of 28 days.

7.9. BUSINESS CASE - NEW WARRNAMBOOL ART GALLERY

Gallery on the existing site has found that there is potential to contribute to the economic growth of Warrnambool and the region through increased visitation, expenditure and additional jobs. A new art gallery will also create a community asset that can become a landmark tourist destination within a wider civic and cultural precinct. The Business case found that a new Warrnambool Art Gallery, together with the Lighthouse Theatre, new Library and Learning Centre, existing hospitality and retail offerings can create a hub of activity to provide critical mass to attract the Great Ocean Road tourist market and regional visitors.

This report summarises the feedback from the community consultation, reflecting strong support for a new gallery on the existing site.

Council supported the following recommendations (7-0):

1. That Council endorses the preliminary Business Case for a new Warrnambool Art

Gallery on the Liebig Street site.

2. That Council acknowledge a preference identified through the consultation process for concept design Option 2, and that this be used to inform future design development.

3. That Council pursue external funding opportunities for the art gallery when and if they arise.

7.10. ADVISORY COMMITTEE REPORTS

This report contains the record of 3 Advisory Committee meetings.

Airport Reference Group Meeting – 13 November 2023

Planning Advisory Committee – 29 November 2023

Environment & Sustainability Advisory Committee – 30 November 2023

Council supported the following recommendations (7-0):

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

1. Airport Reference Group Meeting – 13 November 2023;

2. Planning Advisory Committee – 29 November 2023; and

3. Environment & Sustainability Advisory Committee – 30 November 2023.

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 11 December 2023 – refer Attachment 1.

Monday 22 January 2024 – refer Attachment 2.

Monday 29 January 2024 – refer Attachment 3.

Council received the report with the addition that Cr Jellie attended the January 29 meeting (7-0).

7.12. 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