- Agenda attachments June 5, 2023 (86.72 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 June Meeting are accepted by Council.
1. Opening Prayer & Original Custodians Statement
2. Apologies
Cr Jellie
3. Confirmation of Minutes
That the Minutes of the Scheduled Meeting of Council held on 1 May 2023 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. WARRNAMBOOL ART GALLERY BUSINESS CASE
The purpose of preparing a Business Case for a new Warrnambool Art Gallery was to determine the viability and costs of construction, and to establish if there was a compelling case for investment.
The Business Case for a new Warrnambool Art Gallery on Cannon Hill determined that the cost of construction could be in the vicinity of $70 million and that while a new iconic Regional gallery as a landmark destination will likely contribute to the economic growth of Warrnambool and the region through increased visitation, expenditure, and additional jobs, the development would not provide a positive return on investment.
The Business Case findings suggest that while the Cannon Hill option would no doubt provide a stunning location, designing to meet the brief results in a costly option and a Cost Benefit Ratio of slightly below one, meaning each dollar invested generates under one dollar in benefits.
Due to the significant site constraints and the costs associated with construction; and the marginal rate of return on investment, it is not recommended that Council progress further investigation for a new gallery located at Cannon Hill.
Any future application to State Government Treasury for investment in a new Art Gallery will require that a second site option be explored. The 2021 Feasibility Study identified the existing Liebig Street site as also a suitable location; and a preliminary Business Case to include high-level concept designs and costings for the Liebig St location has been quoted as $65,000 (if undertaken in the short term), it is recommended that the opportunity to develop a Preliminary Business Case for the existing Liebig Street site, with its many benefits, be explored at a more economical cost.
If delayed and a new procurement process commences later the cost could be upward of $200,000 and it is not unusual for several options to be explored through a Feasibility or Business Case process in the planning for significant community infrastructure projects.
Council supported the following recommendations (6-0):
That Council:
1. Receives the Business Case for a new regional Art Gallery located at Cannon Hill but does not proceed with further exploration of the Cannon Hill site due to the significant costs associated with construction and recurrent costs; and the marginal rate of return on investment.
2. Allocates $65,000-00 to complete a Business Case for the existing Liebig Street site in the 2023-24 Annual Budget.
7.2. REVISED COUNCIL PLAN 2021-2025 AND DRAFT BUDGET 2023-2024 SUBMISSIONS
At its 1 May 2023, meeting Council approved the release of the draft Council Plan 2021-2025 (2023 revision) and Draft Budget 2023-2024 for community feedback in line with Council’s Community Engagement Policy which requires Council to engage with the community “when council is setting its strategic direction".
Following the release of the documents Council received several submissions from community members. These included one submission on the draft Council Plan and 11 related to the draft Budget.
All those making submissions are invited to speak in support of their feedback at a meeting of Council.
Six members of the community indicated they wished to speak to Council in support of their submissions. They are:
- Diana Young
- Rosalie Meadows
- Helen Browne
- Laxon Fowler
- John Finnerty
- Suzie Wellens
It is proposed that the submissions, including verbal presentations, be noted by Council at this meeting, after which Council will consider the issues raised in detail before final revisions, if any are made to the Council Plan and draft Budget.
Final drafts of the Budget and Council Plan are to be considered for adoption at a meeting of Council scheduled for 26 June 2023.
Council supported the following recommendation (6-0):
That Council note the submissions received from the community in relation to the revised Council Plan 2021-2025 and Draft Budget 2023-2024.
7.3. PROPOSED DELIBERATIVE ENGAGEMENT FOR WEST WARRNAMBOOL NEIGHBOURHOOD HOUSE CONCEPT
West Warrnambool Neighbourhood House (WWNH) was founded in March 2019 with the aim to support socially and economically disadvantaged community members of West Warrnambool. The program is funded by the Victorian State Government Department of Families, Fairness and Housing (DFFH), formerly known as Department of Health and Human Services (DHHS). The Victorian State Government has committed to funding neighbourhood houses through ongoing recurrent funding.
The current DFFH Service Agreement outlines that Council is obligated to deliver 25 program hours per week with an additional 25 hours per week for community lead activities totaling 50 hours per week.
To ensure optimisation of the program, the service needs to be physically located in West Warrnambool to ensure accessibility and targeted programs are delivered locally. Council owns a limited number of properties in West Warrnambool, with the original funding proposal committing the Council-owned property at 21 Beamish Street Warrnambool to be used as the venue for the neighbourhood house for a period of 5 years. The intention of utilising Beamish Street was to colocate both the Council’s kindergarten services and the neighbourhood house program.
Following an initial period of co-location of services, Council has recognised that the model of delivery including a kindergarten and neighbourhood house colocated within the same facility is not ideal and poses risks due to the diversity of programs typically offered through a neighbourhood house. Both the kindergarten and neighbourhood house programming are compromised due to the space available, nature of services delivered and user-groups safety.
Officers have undertaken research to identify a potential location and model for a proposed neighbourhood house. One option is the installation of a portable structure at the Pecten Avenue Park which would operate as the West Warrnambool Neighbourhood House. This option would further activate the park without infringing on the amount of open space required within the neighbourhood. This installation will merge with the existing playground and footpath upgrades currently completed at the park and will further improve all abilities access to maximise areas of the park.
Preliminary concept and site layout for the construction of the proposed Neighbourhood House is attached to assist with understanding of the functions, spatial layout and proximity of the structure in the Park.
Preliminary costings discussed with a local builder of portable structures indicate that a 6-star energy rating complaint structure, wholly operating on solar power will be approximately $275,000.
The proposed project has been phased across 2 stages. Note: this is a preliminary model and community engagement will inform the final design.
Stage 1: Total Cost Estimate - Up to $50,000
June 2023 – September 2023, Community Engagement: Designs/plans developed and deliberative engagement with West Warrnambool community.
Stage 2: Total Cost Estimate - $461,300
2023/2024 - Construction: Based on feedback from deliberative engagement and Council endorsement of the 2023/24 budget, Project includes:
Site set out, landscaping, portable structures installed and footpath construction connecting existing playground to portable structures and a 3-metre wide path to link the new construction to the west side of Carolyn Crescent.
Further additions/inclusions will be evaluated based on community feedback, and where relevant, submitted for State and Commonwealth Government grants following Council endorsement.
Detailed specifications and costings will be developed after community feedback and preliminary endorsement from Council. Post-endorsement, deliberative engagement with the neighbouring community will be pursued and feedback brought to Council for final approval.
Council supported the following recommendation (4-2):
That Council,
1. Endorses the commencement of the design of a temporary West Warrnambool Neighbourhood House and commencement of deliberative engagement with the community using existing 2022/2023 budget.
2. Considers the feedback from the engagement process and if endorsed, supports the construction of the West Warrnambool Neighbourhood House at the Pecten Avenue Park, informed by the deliberative engagement outcomes with the West Warrnambool Community.
3. Notes the allocation of $500,000 in the draft budget for Financial Year 2023-24 for construction of the temporary West Warrnambool Neighbourhood House comprising of site set out, landscaping, neighbourhood house installation (two portable structures), and footpath construction.
4. Receives a project report from officers, post construction including any additional works and correlating external grant funding strategies, if applicable.
7.4. PLANNING APPLICATION PP2022-0258 - 45 JAMIESON STREET WARRNAMBOOL
Council has received an application to subdivide the land known as 45 Jamieson Street, Warrnambool into two (2) lots.
The application triggers a planning permit under the General Residential Zone – Schedule 1 and Heritage Overlay – Schedule HO317 (Jamieson Street precinct) for the subdivision of land.
The application was subject to internal referrals, and was also subject to public notice in line with the statutory requirement. As a result of the public notice, eight objections were received where grounds were primarily in opposition to the proposal not meeting the planning scheme requirements for subdivision in this particular heritage precinct.
Identical grounds of objection have been submitted on behalf of seven objectors. These grounds in combination with the eighth objection have been assessed in relation to the relevant provisions of the Warrnambool Planning Scheme. The officer’s report concludes that the proposal adheres to these provisions, the proposed subdivision is reasonable in its context, and will not cause undue detriment to surrounding properties.
Throughout the referral process the application has gained support from Council’s Heritage Advisor and also Council’s Infrastructure Department with conditions to be included in the permit, should a permit be granted.
If the application is supported, a Notice of Decision would be required as all 8 objections have been sustained.
Council supported the following recommendation (5-1):
That council having caused notice of Planning Application No. PP2022-0258 to be given under Section 52 of the Planning and Environment Act 1987, and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to approve the application for a planning permit under the provisions of the Warrnambool Planning Scheme in respect of the land known and described as Lot 4 SEC 30A CA PSH WAN TSH WARR, 45 Jamieson St WARRNAMBOOL VIC 3280, for the Two (2) Lot Subdivision in accordance with the endorsed plans, subject to 11 conditions.
7.5. DELEGATIONS & AUTHORISATIONS POLICY
An internal audit into the adequacy of Council’s policies and procedures regarding delegated powers was completed in August 2022. The audit resulted in a number of recommendations and findings for Council, including the absence of a formal policy or guidance framework.
The Delegations and Authorisations policy before Council for consideration intends to provide a framework around the delegation of Council power and the appointment of officers to statutory positions. It also intends to address the requirements of other outstanding recommendations from the audit.
Council supported the following recommendation (6-0):
That Council adopts the Delegations and Authorisations Policy 2023.
7.6. AWARD OF CONTRACT 2023046 - JAPAN STREET LOWER CATCHMENT DRAINAGE UPGRADE
- A public tender was advertised on Thursday 6 April 2023 inviting tender submissions from suitably qualified and experienced contractors to undertake the construction of drainage infrastructure in and around Japan Street.
- Close of tenders was 2:00pm 5 May 2023, although many companies downloaded the tender documents through the online portal, only one submission was received. The submission was from Duggan Civil Pty Ltd.
- The submission received has been assessed by the tender assessment panel.
- The price received was in the budget range and what was originally estimated.
- Officers' recommendation is to proceed with the tender offer provided by Duggan Civil Pty Ltd for the tendered amount of $851,798.00 excluding GST.
Council supported the following recommendations (6-0):
1. Award Contract No. 2023046 – Japan Street Lower Catchment Drainage Upgrade to Duggan Civil Pty Ltd for the tendered amount of $851,798.00 (excl. GST), with a total delegated award value of $936,977.80 (incl. GST).
2. Authorise Council Officers to deliver the Japan Street Lower Catchment Drainage Upgrade in accordance with the contract under the financial delegations detailed within the Procurement Policy.
3. Accept Schedule 2D Daywork 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.
4. Authorise the CEO to sign, seal and vary the contract as required.
7.7. ADVISORY COMMITTEE REPORTS
This report contains the record of one Advisory Committee meeting:
- Environment & Sustainability Advisory Committee – 13 April 2023.
Council received the report (6-0).
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:-
- Monday 8 May 2023.
- Monday 15 May 2023.
- Monday 22 May 2023.
- Monday 29 May 2023.
Council received the report (6-0).
7.9. MAYORAL & CHIEF EXECUTIVE COUNCIL ACTIVITIES – SUMMARY REPORT
Council received the report (6-0).
8. Notice of Motion
9. General Business
10. Urgent Business
11. Close of Meeting