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Council meeting summary March 7, 2016

News Article Date: 
Wednesday, 9 March 2016

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

The below summary is unconfirmed until the Minutes of the March 7 Meeting are accepted by Council.

1. Opening Prayer & Original Custodians Statement

2. Apologies


3. Confirmation of Minutes

Council confirmed the Minutes of the Ordinary Meeting of Council held on February 1 2016 (7-0).

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

Cr Kelson declared a conflict of interest in Item 5.8 and 5.9.

5.1 Review of Governance (Meeting Procedure) Local Law

Council is required to adopt a Local Law to govern its meeting procedures and use of its Common Seal.

The existing Meeting Procedure Local Law was adopted by Council in 2009. Since this time, there have been a number of amendments to the Act that necessitated a review of Council’s Local Law.

The proposed draft Local Law is the result of an extensive review involving Councillors and officers and incorporates changes in legislation, amendments to improve clarity, removes out of date requirements and terminology and reflects industry good governance practice with a view to enhancing Council’s decision making process.

This report seeks Council’s approval to undertake a community consultation process, with the further requirement to report and recommend for Council’s consideration a proposed final draft Local Law.

Cr Ermacora moved and Cr Askew seconded the motion, with the correction of an error which saw (h) under item 49 in the Local Law fail to be included. The addition is “is a matter subject to a Council decision making process which has commenced but not yet complete”.

Council supported the following recommendations (4-3):

That Council:
1. Gives public notice of its intention to make a Governance (Meeting Procedures) Local Law No. 1 2016 (Appendix A) and invites written submissions until 12 April 2016.
2. Endorses the Local Law Community Impact Statement (Appendix B) to accompany the draft Governance (Meeting Procedures) Local Law No. 1 2016 for the purposes of community consultation.
3. Publishes public notices of its intention to make a Governance (Meeting Procedures) Local Law No. 1 2016 in the Victorian Government Gazette, the Warrnambool Standard and on Council’s website.
4. Considers and hears any submissions to the proposed Local Law at a meeting to be held on 18 April 2015.
5. Receives a further report on 2 May 2016 outlining any submissions received on the draft Governance (Meeting Procedures) Local Law No. 1 2016 and presenting a recommendation for Council’s consideration.

5.2 Caretaker (Elections) Policy

The next Council general election will be held on 22 October 2016.

Leading up to the election, Council will enter into caretaker election period and has a policy that comes into effect during this time.

Council first adopted a policy in 2012 and since that time amendments have occurred to the Local Government Act 1989 (the Act).

The Act now requires Council to prepare and adopt by 31 March 2016, and maintain an election period policy and procedures to be applied during the caretaker period.

The intent of the legislation and the arrangements is to avoid the use of public resources in a way that may unduly affect an election result and to minimise certain types of decisions that may limit the decision-making ability of incoming councils.

The revised Policy commits Council during the election (caretaker) period to avoiding making significant new policies or decisions and prescribes the actions and procedures the organisation, Councillors and staff will implement in observance of statutory requirements and in the interests of good governance and a fair election generally, during the election period.

Council supported the following recommendation (7-0):

That Council adopts the revised Caretaker (Elections) Policy as contained in Appendix A of this report.

5.3 Update of Council Delegations

Instruments of delegation enable operational matters to be delegated to members of Council staff in accordance with a variety of Legislation under which Council operates including the Local Government Act 1989, the Planning & Environment Act 1987 and the Food Act 1984.

As amendments are made to various pieces of legislation it is necessary for these changes to be reflected in Councils instruments of delegation.

Council subscribes to a delegations update service provided by Maddocks Lawyers to the majority of Victorian Councils on a bi-annual basis.

The most recent Legislative amendments are incorporated in this update which requires adoption by Council.

Council supported the following recommendations (7-0):

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 to Members of Council Staff as in Appendix A to this report, (“the Instrument”) Council resolves that:-
1. There be delegated to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached Instrument, the powers, duties and functions set out in that Instrument, subject to the conditions and limitations specified in that Instrument.
2. The Instrument comes into force immediately the common seal of Council is affixed to the Instrument.
3. On the coming into force of the Instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) are revoked.
4. 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 Council Plan 2013 – 2017 (As Amended 2015): Strategic Indicators – December Quarter 2015/16

The 2013-2017 Council Plan (as amended 2015) is the principle planning and directional document of the Council and details the Council strategic objectives and strategies over a 4 year period.

The Council Plan sets out the Councils vision in 4 Key Objectives and Strategies to achieve the Objectives across the term of Council.

A range of Strategic Indicators are also included in the Council Plan to monitor achievement of the Objectives across the term of the council plan.

This report sets out progress on the 85 Strategic Indicators that are contained in the current Council Plan 2013-17 (as amended 2015) for the year ended 30 June 2016.

Some highlights include:
- Successful in securing $5m Federal Government funding towards the City Centre Revitalisation Project
- Reference groups and community engagement processes completed and preferred option adopted for the Port of Warrnambool Safer Launching and Retrieval of Boats Project
- Construction completed and official opening staged for the $4.9m Regional Airport redevelopment
- Contract awarded for the design and construction of Stage 1 of the Simpson Street Drainage Project
- Planning Amendment C93 - Planning Scheme Review prepared and placed on exhibition
- Compliance with major statutory compliance requirements including Budget, Strategic Resource Plan, Council Plan and Annual Report

Council supported the following recommendation (7-0):

That Council endorse the Council Plan – Strategic Indicators progress report for the quarter ended 31 December 2015.

5.5 Financial Performance Report – December 2015

This report compares actual financial results for the six months ended December 2015 against seasonalised budgets for the same period.

Council received the report (7-0).

5.6 Sale of Council Owned Vacant Land at 47 Wangoom Road Warrnambool

Council purchased a vacant block at 47 Wangoom Road Warrnambool in 1986 as the land could not be developed due to drainage issues and the lack of reticulated sewerage.

The block now has reticulated sewerage and can be developed subject to necessary planning approvals within the rural living zone in which it is situated.

Council has no use for the block and flagged its sale in the 2015/16 Budget.

Council is required to undertake a formal process to sell the land.

The block is expected to realise in the vicinity of $150,000.

Council supported the following recommendation (7-0):

That Council undertake a public notice and submission process in accordance with Sections 189 and 223 of the Local Government Act signalling its intent to sell the vacant allotment at 47 Wangoom Road Warrnambool and obtain a current valuation of the land.

5.7 Review of the Warrnambool Eastern Activity Centre Structure Plan

A Review of the Warrnambool Eastern Activity Precinct Structure Plan is currently being undertaken by Mesh Pty Ltd.

A draft Plan has been prepared.

The next step is to place the draft plan on public exhibition for a period of four (4) weeks.

Council supported the following recommendation (6-1):

That Council proceed with placing the Warrnambool Eastern Activity Precinct draft Plan on public exhibition for a period of four (4) weeks.

5.8 Warrnambool City Centre Renewal Project – Timing and Staging of Works

In April 2015, Council prior to any funding commitment adopted a 6 year construction program for the whole project, confirming four stages.

In December 2015, the Federal Government announced a $5 million contribution for the project which together gives certainty of $10 million towards the project.

Council has an application with the State Government for a further matching $5 million.

If successful, the funding will be $5 million each from the Federal Government, State Government and Council – total project estimate of $15 million.

With the announcement of the $5 million Federal Government funding, Council now has the opportunity to revise the construction schedule.

It is proposed that:
- The north end of Liebig Street be brought forward from 2019-2020 to 2017;
- Koroit Street (Kepler Street – Liebig Street) be brought forward from 2020-21 to 2018 subject to a State Government commitment.
- There is no substantial change to the construction timetable for Liebig Street south.
- The timeline for Stage 2 is dependent upon funding from the State Government.

It is also proposed to tender the works based on combining two City Centre blocks per stage. This is expected to create a greater interest in the project from prospective tenderers with larger quantities of works often resulting in more competitive rates for works.

The proposed scheduling will significantly reduce the disruption in the City Centre, provide significant cost saving and attract greater interest of potential tenderers.

Council supported the following recommendations (4-2):

That Council adopt the revised Warrnambool City Centre Renewal Project Timing Plan as follows:
1. Liebig Street, between Raglan Parade and Koroit Street including the roundabouts at Liebig / Lava and Liebig / Koroit Streets to commence February 2017.
2. Liebig Street, between Koroit Street and Timor Street; and Koroit Street, between Liebig Street and Kepler Street to commence February 2018, subject to further stakeholder engagement to formalise concept plans and Council securing State Government Funding.
3. Balance of the City Centre as funding allows based on a 10+ year program.

5.9 Warrnambool City Centre Project – Construction Management Principles

The announcement of the Federal Government $5 million funding has allowed Council to press ahead with the detailed planning for the redevelopment of Liebig Street.

Council will receive progressive reports on the implementation of the design, construction and marketing program.

This report details aspects of pedestrian access, traffic flow, on-street car parking and loading zones.

Cr Ermacora moved and Cr Askew seconded that an additional key principle be added to the recommendations regarding communicating with businesses and the community.

Council supported the following amended recommendations (4-2):

That the Council adopt the following Construction Management Plan key principles for the City Centre Renewal Project:
1. Maintain regular communication with businesses and the community through the project.
2. Maintain access to businesses for pedestrians during business hours.
3. Maintain, as far as practicable, traffic flow for vehicles through the construction site during business hours.
4. Maximize, as far as practicable, customer parking and designated loading zones for businesses during business hours.

5.10 Proposed Traffic Management – Verdon Street

Two businesses in Verdon Street have complained about illegal parking by motorists attending Guyetts Funerals in the service road section of the street.

The frequency of illegal parking is limited to larger funerals which occur once a fortnight on average.

The site was granted planning approval for the construction of a Funeral Chapel and waiving of car parking requirements at the May 2012 Council meeting.

To address issues raised by the two complainants, correspondence was sent to owners and occupiers in December 2015 which included a proposed traffic plan to improve traffic management in the service road section of Verdon Street.

Following feedback received from the CFA, owners and occupiers of Verdon Street, the traffic plan was amended and a revised plan sent in January 2016.

Feedback has been considered. It is the intention to reduce illegal parking by implementing the amended traffic plan sent to Verdon Street owners and occupiers in January 2016.

The amended traffic plan includes changing the service road from two way to one way, line marking angle parking bay on the north side and retaining no standing on the south side.

Council supported the following recommendation (6-1):

That Council implement works in accordance with a traffic plan to improve parking on the service road of Verdon Street.

5.11 City Infrastructure Operations Report March 2016

This report provides information on key activities of the City Infrastructure Directorate including capital works and projects, city centre renewal projects, new developments and road safety.

Council received the report (7-0).

5.12 Assembly of Councillors Records

Council received the report (5-2).

5.13 Advisory Committee Reports

This report contains the record of two Advisory Committee meetings: the Flagstaff Hill Advisory Committeeon Thursday 17 December 2015 and the Warrnambool Regional Airport Advisory Committee on Monday 8 February 2016.

Council received the report (7-0).

5.14 Mayoral & Chief Executive Council Activities – Summary Report

Council received the report (7-0).

6.1 Notice of Motion No. 2130 – Cr Peter Hulin

Notice is given that at the Ordinary Meeting of Council to be held on Monday 7 March 2016, I proposed to move:-

“That a report be given to Council to create designated truck routes throughout our city that alleviate unnecessary dangers to citizens.”

Council supported the Notice of Motion (7-0).

Notice of Motion No. 2131 – Cr Peter Hulin

Notice is given that at the Ordinary Meeting of Council to be held on Monday 7 March 2016, I proposed to move:-

“That Council actively seek funding to improve the safety issues in the following areas of Warrnambool:-
- Koroit Street and Ryot Street intersection;
- Canterbury Road and Botanic Road intersection;
- Daltons Road and Bromfield Street corner;
- Botanic Road, Fitzroy Road and Princess Highway intersection.”

Cr Neoh foreshadowed an amended motion to the effect that a report be prepared on priority intersection works across the city that includes finding solutions to funding criteria and any impact on the Council budget.

Council did not support the original Notice of Motion (3-4).

Council supported Cr Neoh’s amended motion (7-0).

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