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Council meeting summary - September 6, 2021

News Article Date: 
Friday, 10 September 2021

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

The below summary is unconfirmed until the Minutes of the September 6 Meeting are accepted by Council.

1. Opening Prayer & Original Custodians Statement

2. Apologies

Cr Paspaliaris is on leave.

3. Confirmation of Minutes

Council confirmed the Minutes of the Scheduled Meeting of Council held on 2 August 2021 (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. FINANCIAL STATEMENTS PERFORMANCE STATEMENT 2020-21

This report seeks the endorsement of Council to approve in principle Council’s Annual Financial Statements and Annual Performance Statement.

It further seeks to nominate two Councillors to have the authority to sign the annual accounts and performance statement on behalf of Council, once final sign off has been received from the Victorian Auditor General’s Office (VAGO).

This authorization will enable Council to meet its statutory obligations for the lodgment of its Annual Statements (as part of the Annual Report) to the Minister by 30 September 2021.

The Annual Report which includes the Financial and Performance Statements will return to Council for consideration at a future Council Meeting.

Also provided with this report for Council’s information is the DRAFT Report of Operations which accompanies the Financial Statements and the Annual Performance Statement.

Council supported the following recommendations (6-0):

1. That Council approve in principle the 2020-2021 Financial Statements contained within the draft Annual Report (refer Attachment 1) which have been subject to external audit by the Auditor-General’s agent, with the outcomes also having been reviewed by Warrnambool City Councils Audit & Risk Committee.

2. That Council approve in principle the 2020-2021 Performance Statement contained in the

draft Annual Report (refer Attachment 1) which has been subject to external audit by the Auditor-General’s agent, with the outcomes also having been reviewed by Warrnambool City Councils Audit & Risk Committee.

3. That Councillor Angie Paspaliaris and Councillor Ben Blain be authorised to certify the 2020-2021 Financial Statements, after any changes recommended by the review of audit from the Victorian Auditor General have been made.

4. That Councillor Angie Paspaliaris and Councillor Ben Blain be authorised to certify the 2020-2021 Performance Statement, after any changes by the review of audit from the Victorian Auditor General have been made.

5. That the Council put out for public advertisement, its intention to consider the Annual Report at a future Council Meeting.

7.2. BUDGET ROLLOVERS/CARRIED FORWARDS

Council has identified $12.899m of funds to be rolled over into the 2021/22 financial year.

A large proportion of these funds relate to State and Federal grants for ongoing operating and capital projects. Some of these projects are scheduled to be delivered across multiple years such as the Lake Pertobe upgrade, the Reid Oval redevelopment and the joint Library and Library Hub.

The impacts of COVID19 have presented a number of challenges in delivering services and projects, including:

- The restriction of groups gathering to participate in programs

- Interruptions to planning of works with lockdowns and remote working

- Shortage of materials and contractors to deliver works

Council supported the following recommendations (6-0):

That Council adopt the rollover of $12.899m of funds from the 2020/21 surplus to the 2021/22 financial year.

7.3. S6 INSTRUMENT OF DELEGATION - COUNCIL TO MEMBERS OF STAFF

Council is subscribed to a service provided by Maddocks Lawyers which provides updates for Council’s Instruments of Delegation.

Upon receiving a recent update from Maddocks for the s6 Instrument of Delegation, Managers from relevant areas have been engaged to review and update as necessary.

The s6 Instrument of Delegation, as found at Attachment 1, has been updated with amendments identifiable via underline and is now presented to Council and recommended for approval.

Council supported the following recommendations (6-0):

That Council, in the exercise of the powers conferred by the legislation referred to in the attached S6 Instrument of Delegation:

1. Delegates to the members of Council staff holding, acting in or performing the duties of the officers or positions referred to in that Instrument, the powers, duties and functions set out in the Instrument, subject to the conditions and limitations specified in that Instrument;

2. Authorises the Chief Executive Officer to execute the S6 Instrument of Delegation; and

3. Approves the S6 Instrument of Delegation to come into force immediately upon execution;

4. Approves that on the coming into force of the S6 instrument of delegation, the previous S6 instrument of delegation from Council to members of Council staff is revoked.

7.4. S18 INSTRUMENT OF SUB-DELEGATION EPA - COUNCIL TO STAFF

Upon the Environment Protection Act 2017 and Environment Protection Regulations 2021 coming into effect on 1 July 2021, the EPA were able to delegate specific responsibilities under the legislation to Councils.

The responsibilities relate to on-site wastewater management systems and noise issues related to residential construction and demolition.

The EPA has subsequently provided an Instrument of Delegation to Councils. In order for Warrnambool City Council to be able to effectively use these delegations, Council are presented with a sub-delegation from the Council to members of Council staff who are able to carry out the delegated responsibilities as part of their business-as-usual activities on behalf of Council.

The s18 Instrument of Sub-delegation from Council to Members of Council Staff is recommended for adoption by Council.

Council supported the following recommendations (6-0):

That Council approve the s18 Instrument of Sub-delegation to Council staff and in doing so:

1. Delegates to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached Instrument of Sub-delegation to members of Council staff, 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.

7.5. SALE AND ACQUISITION OF LAND POLICY

The Sale and Acquisition of Land Policy is a new policy developed to support decision making around the strategic purchase and sale of Council land.

The policy will ensure consideration is given to Council strategy, legislation and best practice, transparency, and community need and expectation prior to any strategic land purchase or sale.

The policy is presented to Council and proposed for adoption – refer Draft Sale and Acquisition of Land Policy - Attachment 1.

Council supported the following recommendation (5-1):

That Council adopt the Sale and Acquisition of Land Policy as attached at Attachment 1 of this report.

7.6. PROPOSED AMENDMENT TO THE WARRNAMBOOL PLANNING SCHEME – KINGS COLLEGE

Myers Planning Group (proponent) on behalf of Warrnambool Presbyterian School (Kings College) has requested Council prepare an amendment to the Warrnambool Planning Scheme to rezone the college campus land at 44-52 Balmoral Road and CA 2102, and the properties at 1-22 Royal Court, Warrnambool.

The amendment request proposes to rezone the land from the Public Use Zone 2 (Education) to the General Residential Zone 1 (consistent with other non-government schools in Warrnambool).

Historically, the land has been incorrectly zoned for Public Use which does not reflect the college’s private school status. In addition, lots at 1-22 Royal Court were subdivided by Warrnambool Presbyterian School in 2013. These lots have since been sold and developed with dwellings but remain in the public use zone. The amendment request also includes rezoning of these properties - refer Attachment 1 for Zoning Map.

The current zoning is incorrect and it is considered that the rezoning is appropriate.

Council supported the following recommendations (6-0):

That Council

1. In accordance with Section 8A of the Planning and Environment Act 1987 (the Act) seek authorisation from the Minister for Planning to prepare a Planning Scheme Amendment to the Warrnambool Planning Scheme to rezone land at 44-52 Balmoral Road, Crown Allotment 2102, and 1-22 Royal Court, Warrnambool to the General Residential Zone 1.

2. Subject to the authorisation of the Minister for Planning, in accordance with Section 19 of the Act, prepare and exhibit an amendment to the Warrnambool Planning Scheme.

7.7. AMENDMENT TO DEVELOPMENT PLAN - OAKWOOD RIVERSIDE

Council has received an addendum to the North Merri Development Plan, prepared by Millward Engineering, for land at Wollaston Road.

The addendum relates to land being developed by Oakwood as part of Stage 1 of the Wollaston Road Precinct.

The addendum to the Development Plan includes an amended road layout, slope and design control response, changes to open space provision and road layout changes;

The addendum to the Development Plan was subject to internal and external referrals as required.

The addendum was placed on non-statutory exhibition from 31 July 2021 for two (2) weeks. No submissions have been received.

The addendum is considered to meet the Development Plan Overlay requirements and relevant provisions of the Warrnambool Planning Scheme and is therefore appropriate to endorse.

Council supported the following recommendation (6-0):

That Council endorse the Oakwood Riverside addendum to the North Merri Development Plan, June 2021.

7.8. DEVELOPMENT PLAN - 15 DALES ROAD

Council has received a Development Plan (DP) prepared by ‘St-Wise’ planning consultants for land at 15 Dales Road.

The site is within the North East Warrnambool Structure Plan area and General Residential Zone (GR1Z), which anticipate residential use and development.

The Development Plan includes thirty six (36) residential lots supporting a mix of one bed, two bed, single and double storey dwellings, visitor parking and landscaping, a footpath connection to link with existing footpath network and a contemporary materials palette with darker tones and natural timber look.

The Development Plan was subject to internal and external referrals as required.

The Development Plan was placed on non-statutory exhibition for two (2) weeks and one (1) submission has been received.

On balance, the new Development Plan is considered to meet the Development Plan Overlay requirements and relevant provisions of the Warrnambool Planning Scheme and is therefore appropriate to endorse.

Council supported the following recommendation (6-0):

That Council endorse the Dales Road Development Plan as submitted on 17 June 2021.

7.9. REVEGETATION POLICY AND GUIDELINES

The Revegetation Policy provides a consistent approach to revegetation projects carried out by both Council and volunteer groups on Council owned or managed land.

The Revegetation Guidelines are designed to provide an overview of major issues to consider when planning and implementing revegetation projects and provide clear direction regarding Council requirements for revegetation proposals.

The policy and guidelines have been developed in collaboration with Council staff and feedback from the community and interested parties has informed the policy and guidelines.

Council supported the following recommendation (6-0):

That Council endorse the Revegetation Policy and Revegetation Guidelines.

7.10 JOINT RESEAL CONTRACT

Both Corangamite Shire Council (CSC) and Warrnambool City Council (Council) have programs to undertake bitumen sealing works each year, as part of our road asset management plans and annual road maintenance activities.

Both CSC and Council’s programs contain very similar scopes and are typically undertaken by specialist contractors. Accordingly, a collaborative approach to the procurement of these works provides a greater opportunity to achieve efficiencies through an ‘economy of scale’.

Council resolved on 1 July 2019 to enter into its 5th Infrastructure Contributions Agreement for 2021/2022 and 2022/2023 Bitumen sealing works with Corangamite Shire Council.

CSC entered into a contract with Inroads Pty Ltd on behalf of Warrnambool City Council to deliver sealing works for the 2019/2020 and 2020/2021 financial years.

It is proposed that a Bitumen Sealing Works Agreement is made with Corangamite Shire Council, for the management and delivery of the 2021/2022 and 2022/2023 Bitumen Sealing Programs. The total value of a two-year resealing contract is approximately $1.5 million.

Council supported the following recommendations (6-0):

1. That Warrnambool City Council enters into a Joint infrastructure Contributions Agreement with Corangamite Shire Council for the 2021/2022 & 2022/2023 bitumen sealing works.

2. That Corangamite Shire Council is appointed as an agent of Warrnambool City Council for the purpose of tendering the works under the 2021/2022 & 2022/2023 agreement.

3. That the Chief Executive Officer is delegated authority to sign and seal (execute) documents for the 2021/2022 and 2022/2023 bitumen sealing Joint infrastructure Agreement.

4. That the Chief Executive Officer is delegated authority to accept or reject the tender recommendations from Corangamite Shire Council for bitumen sealing works.

7.11 TENDER AWARD 2019064.03 - WOLLASTON ROAD DESIGN

Invitations were sent out to 25 consultants seeking submission for the above quotation under Council’s eProcure tendering system. These consultants were chosen from all of the consultants listed in the general civil design group under Contract 2019064 - Provision of Consultancy.

Close of submissions was 5:00pm 21 June 2021. A total of 5 submission from 5 consultants were received in the tender box up until the close of tenders.

 The recommendation is to proceed with awarding Contract 2019064.03 Wollaston Road Design Services to The CSE Group Consulting Engineers Pty Ltd for the tendered amount of $233,906.40 Ex. GST, with a total delegated award value of $257,297.04 Inc. GST.

Currently under Contract 2019064 this company has been awarded works to the value of $95,546.44. As a result, if the works are awarded to CSE under Contract 2019064 the amount of works will exceed $300,000, which is above Council’s Chief Executive Officer’s (CEO) delegated amount.

Council supported the following recommendations (6-0):

That Council:

1. Award Contract No. 2019064.03 Wollaston Road Design Services to the CSE Group Consulting Engineers Pty Ltd for the tendered amount of $233,906.40 Ex. GST, with a total delegated award value of $257,297.04 Inc. GST.

2. That the schedule of rates offered is accepted 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 approve a purchase order for works under the current Deed of Standing Offer for Contract 2019064 - Provision of Consultancy Services Engineering/Technical.

7.12 TENDER AWARD 2021031 - DESIGN & CONSTRUCTION OF EDWARDS BRIDGE

A public tender was advertised on Saturday 15 May 2021 inviting tender submissions from suitably qualified and experienced contractors to carry out works for the Design & Construction of Edwards Bridge.

Close of tenders was 2:00pm 25 June 2021 where two submissions were received and have been assessed by the tender assessment panel.

Prices came back higher than expected with options explored as to the benefits and risks with terminating the Tender process and having the bridge designed and a new construct only tender.

MACA Civil Pty Ltd, upon closer inspection, had prices per square meter of deck similar to other comparable bridges in regional Victoria. Due to the increased risk of Council designing the bridge and the increase in construction costs, due to the current economic climate, the potential price saving did not outweigh the increased risk to Council.

The recommendation is to proceed with the tender offer provided by MACA Civil Pty Ltd for the tendered amount of $3,965,822.00 [$4,362,404.20 inc GST].

Council supported the following recommendations (6-0):

That Council

1. Award Contract No. 2021031 Design & Construction of Edwards Bridge to be awarded to MACA Civil Pty Ltd for the tendered amount of $3,965,822.00 Ex. GST, with a total delegated award value of $4,362,404.20 inc GST.

2. Authorise the CEO to sign, seal and vary the contract as required.

3. Authorise the CEO a delegated limit of $4,231,864.30 ex GST [$4,654,974.83 inc GST] as per the revised budget for provisional items and variations required to administer the Contract as required.

4. Increase the Edwards Bridge Renewal Budget to $4,600,000.00 ex GST.

7.13 ADVISORY COMMITTEE/REFERENCE GROUP REPORTS

This report contains the record of one Reference Group meeting:

Port of Warrnambool – Port Reference Group Meeting – 29 July 2021 – refer Attachment 1.

Council supported the following recommendation (6-0):

That the record of the Port of Warrnambool Port Reference Group meeting held on 29 July 2021, be received.

7.14 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:-

- Thursday 5 August 2021 – refer Attachment 1.

- Monday 16 August 2021 – refer Attachment 2.

- Monday 16 August 2021 – refer Attachment 3.

- Monday 23 August 2021 – refer Attachment 4.

- Monday 30 August 2021 – refer Attachment 5.

Council received the report (6-0).

7.15 MAYORAL & ACTING 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

 

 

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