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Council chambers

Council meeting summary December 3, 2018

News Article Date: 
Wednesday, 5 December 2018

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

The below summary is unconfirmed until the Minutes of the December 3 Meeting are accepted by Council.
1. Opening Prayer & Original Custodians Statement

2. Apologies

Cr Owen.

3. Confirmation of Minutes

Council confirmed the Minutes of the Ordinary Meeting of Council held on November 5, 2018 (6-0).

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

Cr Neoh declared a Conflict of Interest in Item 5.12.

Cr Hulin declared a Conflict of Interest in Item 5.13.

5.1 Appointment of Interim Chief Executive

Retirement of the current Chief Executive Officer as from 4 January 2019 and appointment of an Interim Chief Executive Officer until the commencement of the new Chief Executive Officer on 11 February 2019.

Council supported the following recommendation (6-0):

That Council appointment Vikki King as the Interim Chief Executive for Warrnambool City Council from 4 January to 10 February 2019.

5.2 Appointment of Council Representatives on Advisory Bodies and Other External Committees for 2018/2019

This report is to assist the nomination of Council representatives on advisory bodies and external committees for the 2018/2019 Council Year.

Council supported the following recommendation (6-0):

That Council representatives and delegates to the advisory bodies and external committees for the 2018/2019 Council Year be approved as per Attachment 5.2.1 to this report, and that relevant advisory bodies and external committees be advised accordingly.

5.3 Tender – Provision of Internal Audit Services

Council’s current contract for the provision of internal audit services is due to expire on December 31, 2018.

Council has sought tenders to secure internal audit services for a period of 3 years with 2 x 1 year options

Council supported the following recommendations (6-0):

1. That Contract No. 2019021– Provision for Internal Services be awarded to WHK Horwath

Melbourne for the tendered schedule of rates of $130 per hour excluding GST with an estimated annual spend of $55,000 to $65,000.

2. That the contract be awarded for a period of 3 years with 2 x 1 year options.

5.4 Notification to Essential Services Commission of Intention to Seek Rate Cap Variation

The provision of regional services not supported by other levels of government contributes to the pressure on Councils recurrent budget. Council plays an important role as thriving regional Centre in the South West of Victoria. Warrnambool caters for over 1.4 million overnight visitations a year. Council maintains and is looking to enhance major sporting cultural and recreational facilities on behalf of our local population and the region.

Warrnambool Council has historically maintained its rating strategy at about the average of Benchmark Regional Council rates, (Know Your Council Local Government Performance Reporting Framework Regional Cities).

The consequence of not being successful in a rate cap variation application is a very real possibility for the reduction of services to the community or the reducing condition of our assets.

Over 3500 people participated in the Warrnambool 2040 Consultation around their vision for our community in 2040. Overwhelmingly our community demonstrated strong aspirations for a growing, vibrant, engaged community into the future. Council will seek further information from the community around their views of the hard decisions that are required to achieve this. Council must continue to consider trade-offs where we know we cannot always have everything we want but understand we need to consider our priorities.

These include choices of different ways of providing services, different priorities for services, or new services all balanced with a demonstration of an appetite for or against user pays and rate increases as part of the answer.

Council supported the following recommendations (5-1):

1. That Council formally notify the essential services commission of its intention to apply for a higher cap.

2. Council consider the information it receives through the tradeoff engagement with the community as additional information that will inform its decision whether to submit a rate cap variation to the Essential Services Commission and further aide in its prioritisation of services through the 2019- 2020 budget process.

5.5 Land Identified as Surplus to Need and Available for Possible Sale

Warrnambool City Council owns both parcels of land that are currently considered Public Open

Space and each parcel holds reserve status on the titles. The first step to any disposal of Council property is a formal public notification of Councils intent, followed by a formal period whereby submissions may be received in relation to the proposed disposal.

If at some time after this notification period and on the consideration of any submissions Council were to continue to wish to dispose of these parcels Council would be further required to undertake a process of a Planning Scheme Amendment to rezone the Auty St parcel. To enable it to be sold for an amended permitted use (such as a residential dwelling). Further a Planning Permit process would be required to be entered to remove the reserve status from both parcels of land prior to any sale.

Both parcels are being considered as surplus to need and Council is beginning the process to seek public submissions prior to undertaking any of the administrative process that would be required to prepare them for sale.

Council supported the following recommendation (6-0):

That Council declare the land described as Res LP127666, being a parcel of land located at 1 Auty Street, Warrnambool and Res 1 LP217092 being 7-9 Swan Street Warrnambool surplus to need and explore the formal disposal process as detailed in the Sale of Land Best Practice Guidelines.

5.6 Small Infrastructure Fund

Council has an opportunity to review and adopt new projects under the Small Infrastructure Fund on a quarterly basis.

Council has received submissions for projects to the Small Infrastructure Fund which have been evaluated by Council officers and considered at a Council Briefing. An allocation of funding is proposed within this budget that allows for the progress of a number of these projects that meet the criteria.

Council supported the following recommendations (6-0):

1. That funding be allocated from the Small Infrastructure Reserve for the following projects which have been assessed as meeting the criteria of the fund:

- Dog Park

- Jubilee Park Woodford Toilet Block

2. That Council officers meet with the relevant community group members of each project to progress the final scope and development of these projects as appropriate and utilizing the funds allocated to maximize outcomes for the community in partnership with the community groups.

5.7 159 Mortlake Road Redevelopment Plan

On 5 October 2018 iPlanning submitted a Development Plan (DP) for 159 Mortlake Road.

The DP proposes forty-three (43) residential lots and creation of a road and open space reserve on land at 159 Mortlake Road.

The DP has been exhibited for a period of two (2) weeks and eight (8) submissions, including a petition, have been received.

The submissions are considered to be appropriately addressed by the DP documentation and the comments of referral authorities.

The DP appropriately responds to the Development Plan Overlay (DPO7) requirements, relevant provisions of the Warrnambool Planning Scheme, and is suitable for endorsement by Council.

Council supported the following recommendation (5-1):

1. Council endorse the 159 Mortlake Road Development Plan in accordance with the requirements of Clause 43.04 (Schedule to DPO7) of the Warrnambool Planning Scheme subject to the following amendments,

a. Lots 1, 41 ,42 & 43 be reduced in length and for building envelopes to be clear of the sewer.

b. Revise the alignment of the future road extension to the north so that it does not impact on the dwelling to the north (161- 163 Mortlake Road).

c. Submit an updated traffic impact assessment that accounts for existing traffic from Turner Drive and Leo Francis Drive.

2. That Council acknowledge receipt of the petition and forward to Vicroads for consideration.

5.8 Great South Coast Designated Area Migration Agreement (DAMA)

A Designated Area Migration Agreement (DAMA) is an agreement between the Australian Government and a local authority to help address skill and labour shortages faced in regional Australia. There is presently only one DAMA in place in Australia with the Northern Territory Government.

A key outcome of a DAMA is the potential pathway to permanent residency as a major incentive to attract and retain overseas workers in the region.

At its meeting of 5th November 2018 Councillors agreed for Warrnambool City Council to submit an application on behalf of the Great South Coast region to the Federal Department of Home Affairs to enter into a DAMA. Detailed information regarding DAMA management, roles and responsibilities of the DAR, and the proposed occupations listing were included in last month’s Council report.

The Great South Coast DAMA application has now been submitted and is currently being assessed by the Department of Home Affairs. DAMA requires approval from the Minister for Immigration, Citizenship and Multicultural Affairs.

Based on consultation with business, industry and government, the application nominates 24 occupations (by ANZCO code – refer Attachment 5.8.1) where longstanding skill gaps and shortages exist and are not being met by the Australian market. It is important to note that once the DAMA is established, the occupation listing is not fixed indefinitely but can be added to, or occupations removed as market conditions and skill shortages change over time.

Council has been advised by the Department of Home Affairs that should its DAMA application be successful, it is possible that the Minister may seek to announce the Great South Coast DAMA as early as mid-December 2018.

A key component of the DAMA proposal is Warrnambool City Council’s role as the Designated Area Representative (DAR) on behalf of the Great South Coast region.

The November 5, 2018 report to Council also included the recommendation that should the application be successful a further report be provided to Warrnambool City Council prior to formally entering into a DAMA with an update regarding the funding model, governance arrangements, and any other relevant information towards Council satisfactorily discharging its roles and responsibilities as the proposed DAR for the Great South Coast region.

Given that there is a distinct possibility that the Minister may seek to announce the DAMA as early as mid-December 2018, this report is seeking Council approval to enter in to a DAMA with the following comments regarding status of governance and funding:

- The proposed governance structure and summary of roles and responsibilities of the DAR are shown at Attachment 5.8.2. Governance of the Great South Coast DAMA will be conducted with the input of a Reference Group. The Group will consist of senior representatives from the municipalities of Colac-Otway, Corangamite, Glenelg, Moyne, Southern Grampians and Warrnambool. It is also proposed that State Government representation be included in the Group.

- Funding for the planning and operations of the DAMA over the three year period 2019 – 2021 will be sought from a combination of Federal and State Government sources. Discussions with the Federal Government are well advanced regarding funding in full for Year 1 of the DAMA operations. It is also proposed that the DAR will charge an administration fee for all requests for endorsement.

- Beyond Year 1 and subject to status of other funding sources, it is possible that Great South Coast municipalities participating in the DAMA might also be requested to contribute towards the operations of the DAR.

- The recommendation below to enter in to a DAMA agreement will be subject to a funding commitment from the Federal Government for Year 1 of the DAMA program for an amount of $250,000. Council officers will also continue to engage with State Government regarding funding opportunities which have recently been on hold due to State Government caretaker period.

- It is also important to note that should the Minister choose to announce the DAMA by the end of the year, the DAMA program will not go live until the necessary operational and Year 1 funding detail has been confirmed and committed. Ie. The DAMA program is not likely to be open to applications until some time in Quarter 2, 2019.

Council supported the following recommendations (6-0):

That Councillors agree to enter into a Designated Area Migration Agreement (DAMA) with the Commonwealth Department of Home Affairs subject to funding commitments from the Federal and/or State Government being secured for Year 1 of the DAMA program; and

Councillors note that a funding model for the DAMA program beyond Year 1 will continue to be progressed with Federal, State and participating Great South Coast municipalities.

5.9 Award of Contract 2019003 – Kerbside Collection of FOGO Bins

Council has sought tenders for the provision of kerbside collection of food organics and garden organics (FOGO) and transportation to the FOGO processing facilities.

Seven tender submissions were received and considered by the Tender Assessment Panel.

Council supported the following recommendations (6-0):

1. Accept the tender submission from Warrnambool Green Waste Pty Ltd for Tender No.2019003 Kerbside Collection of FOGO Bins for the tendered schedule of rates.

2. Authorise the Director City Infrastructure to finalise contractual terms and conditions.

3. Authorise the CEO to sign and seal the contract documents.

5.10 Award of Contract 2019009 – FOGO Processing

Council has sought tenders for the provision of a schedule of rates contract for processing of food organics and garden organics (FOGO).

Three tender submissions were received and considered by the Tender Evaluation Panel.

Council supported the following recommendations (6-0):

1. Accept the tender submission from Corangamite Shire Council for Tender No. 2019009 FOGO Processing as Primary Processor, for the tendered schedule of rates.

2. Accept the tender submission from Camperdown Compost Company for Tender No. 2019009 FOGO Processing as Secondary Processor for the tendered schedule of rates.

3. Authorise the Director City Infrastructure to finalise contractual terms and conditions.

4. Authorise the CEO to sign and seal the contract documents.

5.11 Warrnambool: A Safe and Connected City 2018-26 Road Users Plan

The Warrnambool A Safe and Connected City 2018-2026 Road Users Plan (The Strategy) seeks to consolidate existing information, provide a holistic overview and set a future direction for road safety within the City of Warrnambool. The updated Strategy is attached (Refer Attachment 5.11.1).

The draft strategy was advertised through Council’s social media channels and emailed to stakeholder groups including:

- The Cycling Reference Group

- All Warrnambool Schools

- Moyne Warrnambool Road Share (including a presentation on the 25th October). This includes community members, officers from South West Sports, Road Trauma Services, SES, Volunteers at Warrnambool, CFA, VicRoads and Victoria Police

- Representatives of the Social Cyclists and Older Drivers (including face to face consultation pre-plan)

- VicRoads

- Victoria Police

The Plan was available on Council’s ‘Your Say’ web page from 9 September to 19 October 2018.

A total of 9 submissions were received, a summary of which is provided in Table 1.1.

The draft strategy has been updated in response to the feedback received from the public consultation period.

Council supported the following recommendation (6-0):

That Council adopt the ‘Warrnambool A Safe and Connected City 2018-2026’ Road Users Plan.

5.12 Banyan Street Petition

A petition has been received with 19 signatures in relation to the Banyan Street Tree and

Wayfinding Survey currently open for public consultation until December 7.

The survey states that Norfolk Island Pines are not appropriate for planting on Banyan Street due to future height, potential road damage and debris, and that only a low growing species that does not drop debris nor block natural light to residents should be used.

In accordance with Local Law L.1 Governance the petition is to be received, and referred to the Chief Executive for consideration and response.

Council supported the following recommendation (5-0):

That in accordance with Local Law L1 Governance, the joint letter is received and referred to the Chief Executive for consideration and response as part of the broader Banyan Street consultation process.

5.13 Warrnambool Floodplain Management Plan 2018-2023

At its October 1 Ordinary Meeting, Council received the draft Warrnambool Floodplain

Management Plan 2018-2023 and agreed to release it for a 28 day consultation period.

The draft strategy was advertised in the Standard on 6 October and on Council’s ‘Your Say’ web page between the 6 October and 9 November 2018.

The public exhibition closed on Friday 9 November 2018. No comments were received on the draft Plan.

A final Plan has been prepared for adoption (Attachment 5.13.1). Minor formatting adjustments have been made for publication.

The top 10 priority options in the Floodplain Management Plan are as follow:

1. Establish an operating procedure for North Warrnambool flood levees (F1)

2. Undertake Warrnambool coastal flood investigation (P1)

3. Develop a flood response plan template for residents (R1)

4. Undertake Woodford flood investigation (P3)

5. Implement a Flood Warning System (TFFWS) for Russells Creek (R3)

6. Undertake Allansford flood investigation (P2)

7. Install backflow prevention for Tooram Lane outfall (F2)

8. Undertake community flood education engagement activities (R5)

9. Undertake Russells Creek crossing assessment (P4)

10. Warrnambool flood models integration (P5)

Council supported the following recommendation (5-0):

That Council adopt the Warrnambool Floodplain Management Plan 2018-2023.

5.14 City Centre Renewal Zone 3 Koroit Street – Liebig Street to Kepler Street

At its meeting of Monday 2 October 2017 Council resolved to delay the adoption of a design for Koroit Street between Liebig Street and Kepler Street (Zone 3) until mid-2018 when the overall budget position is better understood.

A project budget summary has been prepared which can now be used to form the basis of discussions on the Zone 3 works area.

The acceptance of grant funding for the Pedestrian Serious Causality Area Project which was endorsed at the 7 May 2018 Ordinary Meeting of Council provided provision for the project scope to be enhanced and provide for a functionally consistent roundabout at the Kepler Street / Koroit Street intersection.

Council needs to determine how it intends to progress with the central bus interchange and how to fund these works as part of a broader consultation into best location for this service.

This report recommends that Council provide an additional $450,000 to the City Centre renewal project, funded from the Parking Fund to allow the Koroit Street / Kepler Street roundabout to be completed with bluestone paving and lighting improvements.

These enhancements would make this roundabout aesthetically consistent with other roundabouts completed under the City Centre Renewal Project and provide a good foundation from which to progress footpath improvement projects along Kepler Street and Koroit Street.

Council needs to seek amendments to the City Centre federal funding agreement to remove requirements for public lighting upgrades for the Koroit Street works area and to amend a footpath requirement in the agreement which relates to a lineal meter requirement rather than a square meter rate. The amendment would see the 300 lineal metre requirement amended to a 400 square metre requirement.

The enhanced scope of works would complete the City Centre Renewal Project within 3% of the total approved project budget and with an improved finish quality.

Council is still finalising contractual aspects with its contractor 2 Construct in relation to the Zone 1 and Zone 2 works areas.

Council supported the following recommendations (6-0):

That Council:

1. Agree to develop the Kepler Street / Koroit Street roundabout design with bluestone paving on the abutting footpath areas and lighting consistent with that provided at the Koroit Street / Liebig Street intersection.

2. Agree to provide $450,000 of additional funding to the project to complete the enhanced finish drawing on the contribution from the parking fund.

3. Endorse an application to vary the lighting requirements and paving measures under the Federal Government agreement.

5.15 Lake Pertobe Masterplan

Lake Pertobe is a 58 hectare park nestled between the City’s CBD and beachfront. The name was derived from the word ‘pirtup’, which means small sandpiper in Gunditjmara language. The reserve was a seasonal wetland area which was developed into recreational lakes and an adventure playground in the 1960s and 1970s. Over the last four decades, Lake Pertobe has developed a reputation as one of Victoria’s best regional parks due to the diverse and unique recreational opportunities and expansive social areas.

Implementation of the masterplan (refer Attachment 5.14.1) will enhance the experience of this renowned playspace for locals and visitors alike. By improving connections between Lake Pertobe, the CBD and foreshore area; improving access and wayfinding within the reserve; adding to the play opportunities and experiences for people of all ages and abilities; and encouraging visitors to explore whole reserve and enjoy the environment, will strengthen the city’s reputation as a family-friendly destination.

The Masterplan was also tasked with establishing an agreed Vision for Lake Pertobe which is included in the draft plan.

Council supported the following recommendation (6-0):

That the draft Lake Pertobe Masterplan be placed on public exhibition before being presented to Council’s March Meeting.

5.16 Rural Access Program Funding

The Rural Access program supports rural and regional communities to plan and develop strategies which will increase participation opportunities for people with disability.

The program has been funded since 2000 by the State Government through the Department of Health and Human Services.

Locally the program has been auspiced by Warrnambool City Council and also covers Corangamite and Moyne Shires.

Funding for the Rural Access program will cease on 30 June 2019.

A number of community access and inclusion initiatives will cease.

Internally Council will have a reduced capacity to respond to access and inclusion issues.

Council supported the following recommendation (6-0):

That Council notes the cessation of program funding and the future impact.

5.17 Warrnambool 2040 – Community Plan

The Warrnambool 2040 Community Plan has been developed with input from the community and partner organisations over the past 18 months.

The extensive community engagement process generated the biggest conversation Warrnambool has ever seen, with thousands of residents sharing their ‘Wishes for Warrnambool’ and the ‘W2040 Community Panel’ drafting the Visions and Goals for the 20-year plan.

The W2040 Plan’s outcomes and performance measures were developed with community partners and the plan was finalised by Council’s W2040 Working Group, led by the Manager Community Planning and Policy.

The draft plan/prospectus was distributed to more than 90 potential partners during October. A positive response has been received, with approximately 30 organisations of all sizes and from all sectors indicating their interest in being a W2040 founding partner.

The partnership drive will extend into 2019 when the focus will move from organisational partners to a campaign to engage clubs, groups and residents.

Council is invited to endorse the W2040 Plan and make a commitment as a W2040 founding partner by aligning the work of the organisation to support these shared aspirations.

Council supported the following recommendations (6-0):

1. Council adopt the Warrnambool 2040 (W2040) Community Plan and pledge to support the W2040 vision and goals as a founding partner.

2. Council commits to ongoing leadership of the W2040 Plan to strengthen partnerships, engage the community, and report on W2040 initiatives and outcomes.

5.18 Advisory Committee Reports

This report contains the record of one Advisory Committee meeting.

1. Economic Development Advisory Committee, 27 September 2018 – refer Attachment 5.18.1.

Council received the report (6-0).

5.19 Assembly of Councillors Records

Council received the report (6-0).

5.20 Mayoral & Chief Executive Council Activities – Summary Report

Council received the report (6-0).

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