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Council chambers

Council meeting summary February 4, 2019

News Article Date: 
Wednesday, 6 February 2019

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

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

2. Apologies

None.

3. Confirmation of Minutes

Council confirmed the Minutes of the Ordinary Meeting of Council held on December 3, 2018 and the Special Meetings held on December 17 and 21 (7-0).

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

Cr Hulin declared a Conflict of Interest in item 5.2. Cr Neoh declared a Conflict of Interest in Item 5.11.

5.1 Mayoral and Councillor Allowances – Annual Adjustment

The Local Government Act 1989 (the Act) sets out the requirements for the fixing and review of allowance categories, limits and ranges of Mayoral and Councillor allowances, together with the general provisions relating to the review of allowances.

Section 74 of the Local Government Act 1989 (the Act) requires councils following a general election or by 30 June (whichever is later) to review and determine the level of Mayoral and Councillor allowances within the range set by the State Government.

In accordance with Section 74 of the Act, Council at its meeting on 5 June 2017 set allowances at the top of the band for a category 2 council (the applicable category for Warrnambool City Council).

Allowances are subject to annual automatic adjustments. In accordance with section 73B of the Act, the Minister for Local Government must, at least once every year, review the limits and ranges of Councillor and Mayoral allowances.

In October 2018, the Minister determined allowances would be increased by an adjustment factor of 2.0%, effective from 1 December 2018. Council has no discretion in applying this increase. Section 73B(5) of the Act requires councils to adjust allowances in accordance with the Minister’s notice published in the Government Gazette.

The recommendation in this report asks Council to note the Minister’s annual review of Mayoral and Councillor allowances and the date when adjusted allowances apply.

Council supported the following recommendations (7-0):

That Council note the Minister for Local Government has reviewed the limits and ranges of Mayoral and Councillor allowances and applied a 2.0% adjustment factor, effective from 1 December 2018.

5.2 Councillors Request for Leave of Absence

The following request for leave of absence from Councillor Peter Hulin has been received to be effective for the following Council meeting dates:-

- Ordinary Council Meeting – 4 March 2019

- Ordinary Council Meeting – 3 June 2019

- Special Council Meeting – 24 June 2019

- Ordinary Council meeting – 1 July 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 (5-1):

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

Council resolves to grant Councillor Peter Hulin leave of absence from the following Council meetings:-

- Ordinary Council Meeting – 4 March 2019

- Ordinary Council Meeting – 3 June 2019

- Special Council Meeting – 24 June 2019

- Ordinary Council Meeting – 1 July 2019

5.3 December Finance Report

This Finance Report compares actual financial results budget for the 6 months from 1 July 2018 to 31 December 2018.

The report sets out financial results for Councils recurrent (day to day operations) Projects, Capital Works, Rates and Loan activities.

Year to date budgets are profiled to reflect the timing of cash inflows and outflows. Overall the 6 month actual results indicate a favourable financial position of $580,000 when compared to the YTD Budget.

Council supported the following recommendation (7-0):

That the Financial Report for the 6 months ended 31 December 2018, report be received.

5.4 Horses at Levy’s Beach – Council Consent

A letter has been received from the Warrnambool Racing Club seeking a letter from Council that provides consent for the Racing Club to apply for Coastal and Marine Act approvals.

Council is the Committee of Management for Levy’s Beach.

The Warrnambool Racing Club (Racing Club) is seeking approval to resume commercial racehorse training at Levy’s point.

Various approvals are required to be obtained by the Racing Club which are issued by State Government agencies under various legislative requirements to enable the Racing Club to commence training at Levy’s Beach.

If State Government approval is provided, the consent will be until November 30th 2019 in accordance with the Planning Scheme Amendment undertaken by the Minister for Planning.

Before the Racing Club can submit applications to the State Government, Council as the Committee of Management must provide consent.

Cr Neoh Moved and Cr Gaston Seconded an Amendment to the Motion to the effect that the Warrnambool Racing Club provide data on the number of race horses using Lady Bay and if it is used, the number of horses, trainers and stables using Levy’s Beach so Council can determine if Levy’s is required to be used.

Council supported the following amended recommendations (6-1):

That Council, as Committee of Management for Levy’s Beach, provides a letter of consent to the Warrnambool Racing Club to accompany its applications to State Government for the required permit applications to undertake commercial racehorse training at Levy’s Beach.

That the Warrnambool Racing Club provide data on the number of race horses using Lady Bay and if it is used, the number of horses, trainers and stables using Levy’s Beach so Council can determine if Levy’s is required to be used.

5.5 Princes Highway West Action Alliance – Update Report

In September 2018 Warrnambool City Council joined with Colac Otway Shire Council, Corangamite Shire Council and Moyne Shire Council to form the Princes Highway West Action Alliance.

The Princes Highway West Action Alliance was formed with the purpose to lobby both the State and Federal Governments for $300M of urgently needed road infrastructure works on the Princes Highway between Colac and the South Australian Border.

The Alliance has actively been requesting that the State and Federal Governments prepare a plan which identifies road safety and improvement opportunities for this 297 km stretch of Princes Highway.

The Action Alliance is also actively seeking the inclusion of the Princes Highway West on the National Land Transport Network.

The Alliance is running an active social media campaign and is also undertaking an independent review which will deliver an accurate assessment of the current state of the road and confirm key priorities for urgent improvements.

The alliance has prepared six 1-2 minute videos with prominent business people who support the need for these upgrades and during November 2018 over 11,200 minutes were viewed on social media. This period coincided with eh State election campaign.

During November 2018 the alliance Facebook page had over 22,000 engaged users and reached almost 280,000 users. In the week prior to the state election the page had almost 3,000 engaged users per day.

Council supported the following recommendation (7-0):

That Council note the key activities of the Princes Highway Action alliance and the Social Media Metrics.

5.6 Local Law Adoption Post Community Consultation

Local Laws are subservient to State and Federal Legislation and cannot contradict or override relevant legislation.

Most of Council’s current Local Laws sunset (expire) in April 2019. The Governance Local Law does not sunset until 2026 and has been excluded from this review.

Council must Gazette the new Local Laws 2019 before the existing Local Laws sunset in April.

The Draft Local Laws 2019 are attached- Refer Attachment 1.

Before Council can adopt and Gazette new Local Laws, it must first consult the community and consider feedback.

The draft Local Laws were released for public comment from the 12th of October 2018 until the 8th of November 2018. 5 submissions were received. Minor amendments were made to the Local Laws and were re-advertised from December 13th 2018 until January 25th 2019. One further submissions was received. Copies of the Gazette notice and sample adverts are attached - Refer Attachment 2.

A community impact statement was also exhibited simultaneously - Refer Attachment 3.

The submissions included a submission on wheeled toy use, horses on beaches, increased areas for dog walking off leash, unsightly and dangerous land, storage of machinery, power of authorised officer to impound and one general comment. – Refer Attachment 4. An assessment of the submissions is included in the “Consultation/Communication” section of this report.

In reviewing the Local Laws, the essence of the new Local Laws remain unchanged however new Local Laws have been added where gaps existed, the document has been streamlined for practicality and better interpretation, and some Local Laws which were redundant or unenforceable have been deleted.

Additionally, some Local Laws have been removed and will be dealt with under State Legislation, i.e. Road Safety Road Rules Act, Livestock Act, etc. This does not diminish Council’s ability to enforce matters under this legislation as Council is authorised to issue infringements under relevant legislation.

Removal of schedules and maps, the contents of which will now be provided on Council’s website for flexibility when changes occur. This will negate amending the Local Laws whenever Council wishes to make changes to matters like prohibited alcohol areas, off leash dog areas etc. Webpages for adoption are attached – Refer Attachment 5.

New local laws have been added to allow itinerant trading to be permitted via a permit process, for dilapidated buildings or buildings which are visually repugnant to be addressed under local laws, and separating and clarifying the Local Laws on wheeled toys and motorised vehicles.

Local Laws 2 through to 7 have been condensed into a single Local Law now titled Local Law No 2 Community Amenity Local Law.

A separate report will be submitted to Council requesting adoption of prohibited activity areas relevant to specific Local Laws in relation to dog off leash areas, and restrictions to alcohol consumption. Adoption of these matters separately allows the flexibility for Council to revise these aspects without going through the lengthy process of amending the local laws.

Council supported the following recommendation (7-0):

That Council, having:

a) completed the statutory process under Part 5 of the Local Government Act 1989 for the making of the proposed Local Law No 2 – Community Amenity Local Law;

b) undertaken, and been satisfied with, the evaluation of the proposed Local Law No 2 – Community Amenity Local Law, as set out in the Community Impact Statement attached to this Report as Attachment B; and

c) considered all submissions received in respect of the proposed Local Law No 2 –Community Amenity Local Law,

resolves to:

1. make Local Law No 2 – Community Amenity Local Law in the form of the proposed Local Law attached to this Report as Attachment A;

2. revoke the previous Local Laws No. 2 through to No. 7; and

3. authorise the Chief Executive Officer to:

a) give public notice, and notice in the Victorian Government Gazette, of the making of Local Law No 2 – Community Amenity Local Law; and

b) send a copy of Local Law No 2 – Community Amenity Local Law, as made, to the Minister for Local Government.

5.7 Stock Underpass Policy

Council currently has several stock underpasses which cross council road reserves.

Council does not currently have a policy which defines roles, responsibilities, ownership and processes for stock underpasses.

A Draft Stock Underpass Policy has been prepared to ensure stock underpasses are developed to meet appropriate road safety and engineering standards as well as clearly define appropriate maintenance standards and responsibilities.

The Draft Stock Underpass Policy will apply to all underpasses on Council managed roads and will supersede any existing arrangement other than a formal deed of agreement.

The Policy was open for comments on the ‘your say’ Warrnambool website from 14 September to 18 October and advertised in the Warrnambool Standard on 18 September.

Letters were also sent to each known stock underpass owner advising them of the draft policy.

No submissions were received during the consultation period.

Council supported the following recommendation (7-0):

That Council adopt the Stock Underpass Policy.

5.8 Port of Warrnambool Fish Cleaning Facility

Council’s 2018 Port of Warrnambool Master Plan identifies as one of its immediate priorities the upgrading of fish cleaning facilities.

Council has sought and been successful in obtaining a commitment of funding through the States “Better Fishing Fund” (Target One Million Recreational Fishing Program) for $80,000.

The total project cost is estimated at $160,000 and includes relocation of the facilities, sewer extensions, parking area and water connections.

Council has approached Transport for Victoria, Local Ports Department, requesting a $50,000 contribution through the 2019 emergency funding. The boat ramp, including fish cleaning tables and boat wash down currently fall within the gazette boundary for the Port of Warrnambool. This would change under the proposed development; the siting identified under the adopted Master Plan would see the facilities becoming the responsibility of Council.

Council has been working too secure funding from Local Ports for some time and needs to commit to the Better Fishing Fund grant offer.

While officers will continue to seek state funding they need to progress with works as detailed under the current offer and therefore need Council to be aware of the co-contribution should no other funding options be successful.

Council supported the following recommendation (7-0):

That Council accepts the $80,000 funding grant through the Target $1M Better Fishing Fund and commence detailed design and documentation for installation.

5.9 Port of Warrnambool Asset Management Plan

Council released the Port of Warrnambool Asset Management Plan and supporting documents for public comment for a period of 28 days between 1 November 2018 and 30 November 2018 on Councils ‘yoursay’ website (http://www.yoursaywarrnambool.com.au) and through advertisements in the Standard Noticeboard following the Council meeting on 1 October 2018. (Refer Attachments 1, 2, and 3).

An invitation to make submissions was extended to members of Council’s Port of Warrnambool Community Reference Group at its 12 November 2018 meeting.

A total of 5 submissions were received up until the closing date. A copy of the submissions received are attached for further reference. (Refer Attachment 4).

Council supported the following recommendations (7-0):

That Council having considered submissions adopt the Port of Warrnambool Asset Management Plan.

5.10 Itinerant Trading Policy 2019

There is currently no Council policy to set out Council’s approach to applications for itinerant trading, nor is there a consistent fee structure to cover Councils costs to oversee and administer itinerant trading activities.

The Policy is intended to cover any itinerant activity which uses public land for commercial purposes. This would include food vans, personal training, hiring of sporting/leisure equipment and associated activities which charge a fee or sell goods.

The Policy does not cover events, footpath trading, promotional activities, free community services, or activities which are covered by a Council lease or licence, and itinerant trading on Private Land. It may however be applicable to itinerant traders involved in events.

The Draft Itinerant Trading Policy 2019 (refer Attachment 1) has been developed to provide business opportunities and to activate areas where people congregate. The Policy is also intended to provide a framework for certainty and direction for the community and Council staff in assessing applications, to ensure they are assessed equitably and do not adversely impact on the character and amenity of the area.

The Policy enables Council to manage itinerant trading and to permit or refuse itinerant trading on Council managed land and the extent and numbers of itinerant traders in particular locations.

Decisions will be based upon the Policy objectives and Principles.

The proposed annual Itinerant Trading Permit fee is $600 per annum, $350 for 6 months, $125.00 for a 48 hour permit and $1500 per annum for market organisers and other organisers of multiple itinerant traders.

Council supported the following recommendation (7-0):

That Council:

1. Agrees to release the Draft Itinerant Trading Policy 2019 and proposed fee schedule for public comment for a period of at least 28 days and consider submissions in relation to the policy in a future Council meeting.

2. Indicatively nominates an annual Itinerant Trading Permit fee of $600.00 per annum,

$350.00 for 6 months, and $125.00 for a 48 hour permit and $1500.00 per annum for market organisers and other organisers of multiple itinerant trader.

5.11 Petition For Council to Provide Permanent Free 90 Minute Parking in Ozone and Parkers Car Parks

A petition has been received with 2833 signatures asking Council to review the parking arrangements in the Ozone and Parkers car parks.

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 (7-0):

In accordance with Local Law L1 Governance, the petition is received and the petition be referred to the Chief Executive for a report to a future Council meeting.

5.12 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 record of the following Assembly of Councillors is enclosed:-

1. Monday 10 December 2018 – refer Attachment 1.

2. Monday 17 December 2018 – refer Attachment 2.

3. Thursday 20 December 2018 – refer Attachment 3.

4. Monday 14 January 2019 – refer Attachment 4.

5. Monday 21 January 2019 – refer Attachment 5.

6. Tuesday 29 January 2019 – refer Attachment 6.

7. Wednesday 30 January 2019 – refer Attachment 7.

ATTACHMENTS

1. Briefing 10 December 2018 [5.12.1]

2. Briefing 17 December 2018 [5.12.2]

3. Briefing 20 December 2018 [5.12.3]

4. Briefing 14 Jan 2019 [5.12.4]

5. Briefing 21 Jan 2019 [5.12.5]

6. Briefing 29 Jan 2019 [5.12.6]

7. Assembly 30 Jan 2019 [5.12.7]

Council received the report (7-0).

5.13 Mayoral & Chief Executive Council Activities – Summary Report

Council received the report (7-0).

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