Monday 6 November 2023

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 November Meeting are accepted by Council.

1. Opening Prayer & Original Custodians Statement

2. Apologies

Cr Akoch.

3. Confirmation of Minutes

That the Minutes of the Scheduled Meeting of Council held on 2 October 2023 and the Minutes of the Scheduled (Annual) Meeting of Council held on 23 October 2023, be confirmed. (6-0).

4. Declaration by Councillors and Officers of any Conflict of Interest in any Item on the Agenda

Cr Taylor Declared a Conflict in Item 7.12.

5. Mayoral Presentation

6. Public Question Time

7.1. SCHEDULED COUNCIL MEETING DATES 2024

Under Council’s Governance Rules, Council is required to fix the dates, times and places of all Scheduled Council Meetings for the following 12 months at the first Council meeting following the Annual (Statutory) Meeting of Council.

The proposed Scheduled Council Meeting dates for the period February 2024 – December 2024 is contained within the recommendation.

Council supported the following recommendations (6-0):

That Warrnambool City Council meetings for 2024 be held at 5.45pm in the Reception

Room, Warrnambool Civic Centre, 25 Liebig Street, Warrnambool on the following dates:-

• Monday 5 February 2024

• Monday 4 March 2024

• Monday 8 April 2024

• Monday 6 May 2024

• Monday 3 June 2024

• Monday 1 July 2024

• Monday 5 August 2024

• Monday 2 September 2024

• Monday 7 October 2024

• Monday 18 November 2024 – Annual Meeting

• Monday 2 December 2024

7.2. ELECTION PERIOD POLICY 2023

The Local Government Elections that are scheduled to occur in October 2024 necessitate that the Election Period Policy be reviewed.

The Policy aims to ensure that Warrnambool City Council’s general elections to be held on Saturday, 26 October 2024, and subsequent elections, are conducted in a manner that is ethical, fair and equitable and are publicly perceived as such.

The Policy includes procedures intended to prevent the Council from making inappropriate decisions or using resources inappropriately during the election period before a general election. It places limits on public consultation and the scheduling of Council events and puts in place procedures to ensure that access to information held by Council is made equally available and accessible to candidates during the election.

The previous policy was dated and included many references and processes from the Local Government Act 1989 that have since been repealed. As such the policy has been rewritten from scratch.

Council supported the following recommendation (6-0):

That Council:

1. Adopt the attached Election Period Policy 2023.

2. Revoke the Election Period Policy adopted on 3 August 2020.

7.3. DRAFT NAMING OF SPORT AND RECREATION FACILITIES POLICY

Warrnambool sporting clubs and community members, from time to time, seek to recognise people who have supported them and the community through distinguished effort and commitment, by naming a Council owned or managed facility in their honour.

The Naming of Council Sport and Recreation Facilities Policy sets out the guidelines and criteria for which naming requests will be considered and supported.

Council supported the following recommendations (6-0):

That Council endorses the Naming of Council Sport and Recreation Facilities Policy.

7.4. KEY WORKER ACCOMMODATION AND AFFORDABLE HOUSING EXPLORATORY PROJECT

In light of the severe housing crisis impacting Warrnambool today, and the repercussions being experienced by the community as well as the restricted ability of organisations and businesses in the municipality to attract key workers, Council will:

1. Explore the possibility of activating the land currently in the buffer zone of the former saleyards to install 40-50 pre-fabricated modular units as key worker accommodation and affordable housing through a lease agreement with a Community Housing Agency, for a period of 10-15 years.

2. Engage with the community to receive feedback on the concept and model of the project.

3. Enter into an agreement with a Community Housing Agency to deliver and manage the project.

4. Engage with the Federal and State Government to generate funds for the delivery of the project.

While this project is only for key worker accommodation and affordable housing, this project is expected to have a positive impact in assisting the development of further social housing stock.

Council supported the following recommendations (6-0):

That Council:

1. Notes the critical shortage of housing stock to accommodate key workers and the provision of affordable housing in Warrnambool.

2. Endorses the commencement of due diligence with the National Housing Finance and Investment Corporation, Homes Victoria and Community Housing Agencies to explore the development of a Key Worker Accommodation and Affordable Housing project on the proposed site at Harrington Road.

3. Endorses the initiation of Community Consultation on the project, pursuant to Section 115 of the Victorian Local Government Act 2020.

4. Delegates the authority to the Chief Executive Officer to enter into an agreement with a Community Housing Agency through an Expression of Interest to conceptualise and finalise the proposal.

5. Endorses the Chief Executive Officer to pursue fast-tracked planning pathway from the Minister of Planning for the Project, including written advice from the Chief Executive Officer of Invest Victoria.

6. Receives a report from officers to consider the project model pursuant to outcomes from the due diligence process which includes the selection of the preferred Community Housing Agency and community consultation, with an outline of next steps.

7.5. 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 request results from recent staff changes.

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 recommendation (6-0):

Council Resolves that:

1. The members of Council staff 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 March 2023 be revoked.

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

7.6. COUNCIL PLAN ACTIONS 2023 - 2024: JULY - SEPTEMBER (QUARTER 1)

This report reflects on the progress and achievements of a broad range of actions set out in the Council Plan and Budget for the financial year 2023 –2024.

The actions give a brief insight into the extensive range of works services and projects undertaken by the organisation for the community.

Council supported the following recommendation (6-0):

That the Council Plan Actions 2023 – 2024: July – September (Quarter 1), be received.

7.7. SEPTEMBER FINANCE REPORT

This Quarterly Financial Report compares actual financial results to budget for the 3 months from 1 July 2023 to 30 September 2023.

The Quarterly Financial Report also shows a “revised budget” column, which includes $20.2 million of budgets carried forward from the previous financial year for the completion of ongoing projects. This includes approximately $4m of grant funding for the “Coastal Connect” joint venture between Corangamite, Warrnambool, and Moyne Councils related to IT system upgrades.

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

Overall the monthly actual results indicate an unfavourable financial position of $0.37m compared to the year-to-date budget, mostly due to timing of capital works funding.

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 and budgeted results to date.

Council supported the following recommendation (6-0):

That Council receive the Quarterly Financial Report for the period July to September 2023.

7.8. PLANNING PERMIT APPLICATION PP2022-0205 2 GRANTER STREET AND 82 AND 84 LANDMANN STREET WARRNAMBOOL

Council has received an application for the construction of six (6) dwellings following the demolition of the existing dwellings, outbuildings and fences that are located on the land.

The subject site comprises three (3) existing residential lots in the General Residential Zone (GRZ1) and each lot currently contains a single storey dwelling, carport and storage shed. The site is adjoined by land which is zoned Industrial 3 (IN3Z) along the rear lot boundaries.

The development will comprise five double storey dwellings (Units 1, 2, 4, 5 and 6) and one (1) single storey dwelling (Unit 3) each dwelling will be provided with a single garage and detached storage shed. Two existing vehicle crossovers provide vehicle access to the site and a new vehicle crossover will be constructed on Landmann Street to provide access to an uncovered visitor car parking space which is required as the development contains more than five (5) dwellings.

The application triggers a permit for the development of two (2) or more dwellings on a lot. The use of the land for the new dwellings does not require planning permission and is therefore not being assessed.

The application was subject to public notice, which resulted in six (6) submissions, all in objection to the proposed development. Grounds of objection related to siting the dwellings near existing industrial land resulting in adverse amenity impacts to the occupants of the dwellings and potential complaints which could impact the ongoing use of existing industrial sites (ie. Noise complaints), insufficient on-site car parking, adverse traffic and parking impacts, safety concerns in relation to vehicles accessing the site when school children are walking to and from nearby Merrivale Primary School, change in character of the existing residential area from predominantly single storey dwellings to dwellings of two (2) storey design and are not owner-occupied and decrease in property values as a result of the development.

The application has been assessed against the relevant planning controls and is supported by planning policy being generally in accordance with the objectives of the Warrnambool Planning Scheme. A minor variation to Standard B14 (width of vehicle crossovers) of Clause 55 is required and the application plans do not comply with the minimum dimensions for single garages prescribed in the design standards of Clause 52.06-9 (further discussion below). If the application is supported, a Notice of Decision would be required as all objections have been sustained.

Council supported the following recommendation (4-2):

That Council, having caused notice of Planning Application No. PP2022-0205 to be given under Section 52 of the Planning and Environment Act 1987 and or the Warrnambool Planning Scheme, and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 issue a Notice of Decision declaring an intent to grant a permit under the provisions of the Warrnambool Planning Scheme in respect of the land known and described as Lot 1 LP 201047T, Lot 1 LP 147260S and Lot 1 LP 147261Q, 2 Granter St, 82 & 84 Landmann St WARRNAMBOOL VIC 3280, for the construction of six (6) dwellings in accordance with the endorsed plans, subject to the following conditions:

7.9. FLAGSTAFF HILL RE-IMAGINED VISION AND OPPORTUNITIES PLAN DRAFT REPORT

After Flagstaff Hill’s (FSH) 50 years of operation, a new future for the site needs to be imagined, to both address critical issues, respond to project objectives and drive longer term economic tourism and social benefits to the region. The current service offering has experienced a steady decline in visitation over many years and continues to operate at a significant financial loss to the Council year on year.

The aim of the FSH Re-Imagined project is to explore the future precinct development opportunities and options for the FSH site, articulate a vision for the site and provide a framework that will guide future directions and investment into the precinct.

Extensive stakeholder engagement and learnings from similar historical tourist operations across the state has helped inform the Draft Report, which outlines;

• PROJECT OBJECTIVES

• WHAT ARE THE CRITICAL ISSUES

• A NEW VISION FOR FLAGSTAFF HILL

• GUIDING PRINCIPLES

The long-term vision of the plan is to attract private investment to the site, with opportunities to adjust and enhance the site with smaller investments in the near to medium term.

Council supported the following recommendation (6-0):

That Council approves the release of the Draft Flagstaff Hill Reimagined document for public consultation for a period of three weeks. The CEO may choose to extend the consultation period depending on the feedback received at the completion of the three week period.

7.10. AWARD OF CONTRACT 2023035 - BRIERLY RECREATION RESERVE EASTERN OVAL REDEVELOPMENT

A public tender was advertised on Friday 11 August 2023 inviting tender submissions from suitably qualified and experienced contractors to undertake the reconstruction of the eastern oval within the Brierly Recreation Reserve.

Close of tenders was 2:00pm 8 September 2023, with the submissions received assessed by the tender assessment panel.

A Best and Final Offer process was then completed to ensure conformance and value-for money.

This process closed at 2:00pm on Friday 13th of October.

The full tender pricing received was above the budget range and as result a separable portion was created, removing the electrical portion of works from this award.

Officers' recommendation is to proceed with the revised tender offer provided by Duggan Civil Pty Ltd for the tendered amount of $1,933,552.20 excluding GST.

Council supported the following recommendations (6-0):

That Council:

1. Award the revised Contract No. 2023035 – Brierly Recreation Reserve Eastern Oval

Redevelopment to Duggan Civil Pty Ltd for the tendered amount of $1,933,552.20 (excl. GST), with a total delegated award value of $2,126,907.42 (incl. GST).

2. Authorise Council Officers to deliver the Brierly Recreation Reserve Eastern Oval

Upgrade in accordance with the contract under the financial delegations detailed within the Procurement Policy.

3. Accept Volume 4B – Provisional Items 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.

7.11. AWARD OF CONTRACT 2022036 - BEACH ACCESS WCC 123 RAMP & STAIRS

Beach Access 123 (mid-section of McGennan’s car park) was identified in the Beach Access

Strategy as a planned project that called for design and replacement due to this access point

having been closed due to safety issues.

A public design and construct tender was advertised on Saturday 27 May 2023 inviting tender submissions from suitably qualified and experienced contractors to carry out works to undertake the design and construction of the Beach Access WCC123 Ramp & Stairs Project.

Close of tenders was 2:00pm 23 June 2023, many companies downloaded the tender document through the online portal.

The submissions received were assessed by the tender assessment panel, further clarifications were sought, and this led to a Best & Final Offer process.

The Best & Final Offer process ensured the tenderers were evaluated on a comparable basis.

The submissions received were within the budget range and aligned with the original

estimates.

The tender evaluation panel recommendation is to proceed with the tenderer which provides the best value for money, Civilnow Pty Ltd for the tendered amount of $436,000.00 excluding GST.

Council supported the following recommendations (6-0):

That Council:

  1. Award Contract No. 2022036 Beach Access WCC123 – Ramp & Stairs to Civilnow Pty Ltd for the tendered amount of $436,000.00 excluding GST, with a total delegated award value of $479,600.00 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.

7.12. ZIEGLER PARADE CAR PARKING UPGRADE

This report details the site challenges identified during detailed design for the proposed parking upgrade at Ziegler Parade, Allansford and discusses extending the scope of works to deliver a better outcome for the community than the current budget allocation allows.

A project was funded in the 2023/24 budget to improve parking along Ziegler Parade, Allansford with an allocation of $150,000. Through the detailed design process, additional scope has been identified to optimise the outcome while minimising risks that could be created as part of the project. These changes include significant kerb and channel, pavement strengthening, cycle lanes and stormwater drainage works. The revised estimated cost to deliver these works is $500,000.

Drainage in Allansford is a major problem and undertaking the original scope of works will contribute greater run-off to an already compromised system.

Council supported the following recommendation (5-0):

That Council allocate additional capital funding from Council reserves for 2023/24 for the on-street car parking upgrade on Ziegler Parade, Allansford to expand the scope of works and provide a better outcome for the Allansford community.

7.13. MIDDLE ISLAND SEASON REPORT 2022-2023

The Middle Island Project is a wildlife conservation project to help protect the colony of Little Penguins on Middle Island.

This report provides an annual update on the implementation of the project and outlines the outcomes of the Middle Island Project Season Report 2022-2023.

The highlights of the season include continued effectiveness of the Maremma dogs protecting the penguins and ongoing interest and participation in the education program.

Challenges during the season include the weather and tide conditions which impacted safe crossing to the island and limited the ability to undertake monitoring to estimate the population.

Council supported the following recommendation (6-0):

That Council receive the Middle Island Season Report 2022-2023.

7.14. CYCLING REFERENCE GROUP - APPOINTMENT OF COMMUNITY MEMBERS

The Cycling Reference Group (CRG) was formed in 2016. The CRG includes members of the community who are active members of the local cycling community, be that recreational; road racing; road biking; mountain biking; commuter; and/or cycling with children, youth, or older people.

The CRG last had community member appointments made in June 2020. The term of these members was due to conclude in June 2022, however, due to challenges created by the pandemic, this was pushed out to June 2023.

The Cycling Reference Group Review 2020-23 report has been completed and outlines the activities and contributions of the CRG over the most recent term of the Group’s community members - refer Attachment 1.

An expression of interest process was undertaken in August 2023 to seek new members of the CRG, and recommendations for appointment are now submitted to the Council for consideration.

Three original members have been recommended for re-appointment for another term; and a recommendation to appoint five (5) new members to the Cycling Reference Group is proposed.

Council supported the following recommendation (6-0):

That Council:

1. Receive and note the Cycling Reference Group Review 2020-23 Report;

2. Thank the concluding members of the Cycling Reference Group for their contributions to group over the past three (3) years;

3. Appoint the following people to the Cycling Reference Group for the period November

2023 – November 2025:

Re-appointed Members

• Helen Ryan

• Ellen Troitzsch

• Richard Adams

New Members

• Michael Keilar

• Freek den Barber

• Leigh Monaghan

• Zoe Brittain

• Hannah-Lee Obst.

7.15. ADVISORY COMMITTEE REPORTS

This report contains the record of three Advisory Committee meetings:

1. Economic Development & Tourism Advisory Committee meeting held on 15 September 2023.

2. Community & International Relations Advisory Committee meeting held on 26 September 2023.

3. Environment & Sustainability Advisory Committee meeting held on 28 September 2023.

Council received the report (6-0).

7.16. 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 9 October 2023

- Monday 30 October 2023

Council received the report (6-0).

7.17. 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