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Council chambers

Council meeting summary March 4, 2019

News Article Date: 
Tuesday, 5 March 2019

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

The below summary is unconfirmed until the Minutes of the March 4 Meeting are accepted by Council.
 
1. Opening Prayer & Original Custodians Statement

2. Apologies

Cr Hulin – Leave of Absence

3. Confirmation of Minutes

Council confirmed the Minutes of the Ordinary Meeting of Council held on February 4, 2019 (6-0).

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

Cr Cassidy declared a Conflict of Interest in item 5.2.

5.1 Hearing of Submissions in Relation to the Proposed Sale of 7-9 Swan Street

Warrnambool City Council owns the parcel of land that is currently considered Public Open Space and hold reserve status on the title.

Council resolved at its meeting of 3 December to begin the formal disposal process as detailed in the Sale of Land Best Practice Guidelines.

Council placed advertisements in the Warrnambool Standard on Saturday 19th & 26th January 2019 calling for public submissions.

Council has received 4 individual submissions, 1 combined submission from 15 individuals and 1 partition with 24 signatures to the proposal.

4 individuals have requested to be heard in support of their submission.

Copies of the submissions are attached to this report.

Council supported the following recommendations (6-0):

1. That Council hear the individual’s submissions that have requested to be heard in respect of the proposed sale of Res 1 LP217092 7-9 Swan Street, Warrnambool.

2. That the submissions to the declaration of 7-9 Swan Street Warrnambool being surplus to need be noted and that Council consider the submissions as part of their budget considerations.

5.2 Councillors Request for Leave of Absence

The following request for leave of absence from Cr. Sue Cassidy has been received to be effective for the following Council meeting dates:-

- Ordinary Council Meeting – 3 June 2019

- Special Council Meeting – 24 June 2019

Section 69 (2) of Local Government Act 1989 provides that the Council must not unreasonably refuse to grant leave to a Councillor who seeks it.

Council supported the following recommendation (5-0):

That in accordance with the provisions of Section 69(2) of the Local Government Act 1989,

Council resolves to grant Councillor Sue Cassidy leave of absence from the following Council meetings:-

- Ordinary Council Meeting – 3 June 2019

- Special Council Meeting – 24 June 2019

5.3 Review of Delegations Made to the Chief Executive Officer and Council Staff

Council as a legal entity can only act in one of two ways, by resolution of Council or through others acting on its behalf. Where Council chooses to act through others, this must be formalised through a written means known as an ‘Instrument of Delegation’.

The current Instruments of Delegations to the Chief Executive Officer and to members of Council staff were adopted by Council on 19 December 2016 and 6 August 2018 respectively.

With the commencing of the new Chief Executive Officer and in line with normal practice, both instruments of Delegation have been reviewed to take account of changes to legislation and to make any administrative amendments required to ensure that appropriate staff have been nominated to act as delegates.

Council is asked to consider and adopt the updated Instruments of Delegation, as per Attachments 1 and 2.

Council supported the following recommendations (6-0):

1. In the exercise of the powers conferred by section 98(1) of the Local Government Act

1989 (the Act) and the other legislation referred to in the Instrument of Delegation included in Attachment 1, Council resolves that

a. There be delegation to the person holding the positon, acting in or performing the duties of the Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, subject to the conditions and limitations specified in the Instrument.

b. The instrument comes into force immediately the common seal of Council is affixed to the instrument.

c. On the coming into force of the Instrument all previous delegations to the Chief Executive Officer are revoked.

d. The duties and functions set out in the Instrument must be performed, and the powers set out in the Instrument must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

e. It is noted that the instrument includes a power of delegation to members of Council staff, in accordance with section 98(3) of the Act.

2. In the exercise of the powers conferred by section 98(1) of the Local Government Act 1989 (the Act) and the legislation referred to in the Instrument of Delegation included in Attachment 2, Council resolves that a. The delegations made to members of Council staff holding the positon, acting in or performing the duties of the offices or positions referred to in the attached Instrument of Delegation to members of Council staff be approved, subject to the conditions and limitations specified in that Instrument.

b. The instrument comes into force immediately the common seal of Council is affixed to the instrument.

c. On the coming into force of the Instrument all previous Council delegations to members of Council staff (other than to the Chief Executive Officer) are revoked.

d. The duties and functions set out in the Instrument must be performed, and the powers set out in the Instrument must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

5.4 Review of Council’s Privacy Policy

Council is bound by legislation to protect the private information it collects on individuals and to ensure the proper management of that information including its collection, storage, access, disclosure and destruction.

All Victorian public sector organisations (including local government) must comply with information and health privacy principles as set out in the Privacy and Data Protection Act 2014 (Vic) and Health Records Act 2001 (Vic.).

Both Acts require organisations to have a document that clearly sets out its policies on the management of personal and health information, and to make it available to anyone that asks. This document is commonly referred to as an organisation’s privacy policy.

Council’s Privacy Policy was last amended and adopted in October 2014. An administrative review has recently been conducted and this report presents an amended Privacy Policy for consideration and adoption by Council, as per Attachment 1.

Council supported the following recommendation (6-0):

That Council receives and adopts the Warrnambool City Council Privacy Policy forming the attachment to this report.

5.5 Activities and Initiatives – December Quarter

This report provides information on the progress at the half year point in achieving the Activities and Initiatives set down for 2018-2019 as part of the Council Plan and Budget process.

Council supported the following recommendation (6-0):

That the Activities & Initiatives 2018-2019 - December Quarter 2 report be received.

5.6 Planning Permit PP100/99 – Protein Recovery Plant and Biofilter, 24 Scott Street - Midfield

A planning application has been submitted to Council for the construction of a Protein Recovery Plant (PRP) at 24 Scott Street (Midfield Abattoirs).

The EPA has issued a Works Approval for the proposal (23/01/19).

Public notice and referral has been carried out and twelve (12) objections from residents have been received.

The detail contained in the application and advice of the EPA is sufficient to enable Council to support the proposal against the relevant provisions of the Warrnambool Planning Scheme.

On approval of a permit for the new PRP the applicant is willing to enter into an agreement with Council to ensure the decommissioning of the Swinton Street co-products facility (rendering plant).

Council supported the following recommendation (6-0):

That Council having caused notice of Planning Application No. PP2018-0109 to be given under Section 52 of the Planning and Environment Act 1987 (the Act) and having considered all the matters required under Section 60 of the Act decides to determine the application under the provisions of the Warrnambool Planning Scheme in respect of the land known and described as CA 43A1 & 43A3 Section 70 Parish of Wangoom, 24 Scott St WARRNAMBOOL VIC 3280, for the Amendment to Permit 110/99 to delete conditions 4 & 5 allowing for the construction of a Protein Recovery Plant (PRP) & Biofilter in accordance with the endorsed plans, subject to the following conditions (see agenda for full list of conditions).

5.7 Middle Island Project – Penguin Breeding Season Report 2017-2018

2017-2018 Penguin Breeding Season Completion Report is provided by the Middle Island Project Working Group.

The estimated arriving population for the penguin breeding season in 2017-2018 was approximately 63 individuals.

Two new puppies have joined The Project and are currently being trained to learn the guardian dog role.

The Middle Island Project celebrated 10 years of the ‘Warrnambool Method’ for the conservation of the little penguin.

The Project continues to receive ongoing community support and partnerships to protect the little penguins.

Council supported the following recommendation (6-0):

That Council receive the Middle Island Project 2017-2018 Penguin Breeding Season Report.

5.8 Assembly of Councillors Reports

Section 80A(2) of the Local Government Act 1989 requires the record of an Assembly of

Councillors be reported to the next practicable Ordinary Meeting of Council.

The records of the following Assembly of Councillors is enclosed:-

1. Monday 18 February 2019

2. Monday 25 February 2019

Council received the report (6-0).

5.9 Mayoral & Chief Executive Council Activities – Summary Report

Council received the report (6-0).

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