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Council chambers

Council meeting summary October 1, 2018

News Article Date: 
Wednesday, 3 October 2018

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

The below summary is unconfirmed until the Minutes of the September 3 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 September 3, 2018 (7-0).

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

Cr Gaston declared a Conflict of Interest in item 5.2. Cr Neoh declared a Conflict of Interest in Items 5.2 and 5.15.

5.1 Guidelines for Councillors Contesting State or Federal Elections

The next Victorian State election will be held on Saturday 24 November 2018. There are implications for councillors who are candidates in the State election and for interactions with State Government during the caretaker period.

Council is asked to endorse guidelines developed by the Municipal Association of Victoria (MAV) in respect of Councillors contesting state and federal elections and also to note the State Government caretaker period and conventions which shall commence at 6:00pm on 30 October 2018.

Council supported the following recommendations (7-0):

That Council:

1. Endorse the guidelines developed by the Municipal Association of Victoria in respect of Councillors contesting State or Federal elections, as per Appendix 1 to this report.

2. Notes the State Government’s caretaker conventions will commence at 6:00pm on Tuesday 30 October 2018.

5.2 Councillors Request for Leave of Absence

Cr. Kylie Gaston and Cr. Michael Neoh have advised that they will be formally nominating as candidates for the upcoming State Election and in accordance with Municipal Association of Victoria guidelines are requesting a leave of absence from Council, effective from 6pm on 30 October to the 6am on 26 November 2018.

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 provision of Section 69(2) of the Local Government Act 1989, Council resolves to grant Councillor Kylie Gaston and Councillor Michael Neoh leave of absence from Council effective from 6pm on 30 October to 6am on 26 November 2018.

5.3 Warrnambool City Council 2017-2018 Annual Report

The annual report is the most formalised and comprehensive tool Council utilises to communicate with the community on the strategic outcomes of its endeavours over the last year.

Council reports on its key plans regularly and quarterly to the community on financial outcomes. It also reports on a quarterly basis also on the achievement and progress against our key actions and initiatives as outlined in the Council Plan.

It is this formal nature of the Annual report, the industry wide consistency of information legislated to be included that gives considerable power to the information contained in the Annual report.

The report details activity, performance and financial outcomes in a clear and unambiguous form. The activities undertaken by Warrnambool Council over the last financial year are something its community can be proud of.

Council supported the following recommendation (7-0):

That Council considers the Warrnambool City Council 2017-2018 Annual Report in accordance with Section 134 of the Local Government Act 1989.

5.4 Schedule of Ordinary Meetings February to December 2019 Inclusive

The proposed schedule of Ordinary Council meeting dates for the period February 2019 – December 2019 is attached as Appendix A.

Council supported the following recommendation (7-0):

That Council, pursuant to Section 83(a) of the Local Government Act 1989 adopt the schedule of Ordinary Meeting dates for Council meetings for the period February 2019 – December 2019 inclusive, as contained in Appendix A to this report.

5.5 Annual Close-down, Christmas / New Year Period 2018/2019

It is usual for Council to consider its business hours during the Christmas/New Year period taking into account customer service and Council’s capacity to provide 24 hour emergency service.

Over recent years, during the Christmas/New Year period the Civic Centre and other establishments have been closed except for those areas where staff were partly or fully deployed for essential or emergency services, particularly having regard to those sites which operate at a higher level at this time of the year, such as holiday parks, AquaZone, Flagstaff Hill and the Visitor Information Centre.

Experience from previous years indicate there were only a very low level of customer requests received at the Civic Centre or depot. In addition, there is no special rates or account payment period which occurs between the Christmas/New Year period.

Council supported the following recommendation (7-0):

That Council approve the Christmas/New Year office closure arrangements for 2018/19.

5.6 26 Garden Street, Warrnambool – Subdivision and Sale of Land

Warrnambool City Council purchased Lot 1 TP598275 to enable flood mitigation works to be undertaken on Russell Creek

Flood mitigation works have now been completed.

The total land area associated with Lot 1 TP598275 is excessive to Council’s requirements for the ongoing management of the Russell Creek catchment area.

Subdivision of the parcel is required to enable disposal of the surplus land.

Council supported the following recommendation (7-0):

That Council subdivide the land described in Lot 1 TP598275 to create a Reserve and Lot on Plan, with the view to declare the 2,540 square meters surplus to need and begin a formal disposal process as detailed in the Sale of Land Best Practice Guidelines.

5.7 Warrnambool City Council Strategic Resource Plan

The Strategic Resource Plan was adopted as part of the Council Plan by Council at a special meeting on the 25 June 2018.

It has since been discovered that the appendices in the Strategic Resource Plan related to a prior year version.

The appendices that should have been attached are a replication of the information that was included in the 2018/19 Budget document. This information was adopted by Council at a special meeting on the 25th of June 2018. This correct appendices information formed part of the documentation that went out to Public exhibition with the budget information.

It is proposed that Council consider adopting an update to the appendices in the Strategic Resource Plan to accurately reflect the information presented in the body of the Strategic Resource Plan and match the correct correlated information as adopted in 2018/19 Budget.

The financial information and narrative within the Council Plan and the Strategic Resource Plan supports the updated 2018 – 2022 information and is contained in the Budget. The incorrect appendices inserted in error do not reflect the body or context of the information contained in the Strategic Resource Plan.

Council supported the following recommendation (7-0):

That Council resolve to correct the error and update the appendices in the Strategic Resource Plan to reflect the information presented in the narrative of the Strategic Resource Plan and that which correlated to the adopted 2018/19 budget.

5.8 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 (7-0):

That funding be allocated from the Small Infrastructure Reserve for the following projects which have been assessed as meeting the criteria of the fund: - Dennington Progress Association Carparking (Toilet) - Caroville Drive – Nature Strip Treatment (Grass Pavers).

5.9 Environmental Upgrade Finance

Due to the emerging success of Environmental Upgrade Agreements (EUAs) in Victoria, it is considered appropriate to implement a pilot program for Warrnambool City Council.

An EUA brings together a non-residential property owner, a financial institution and local government to facilitate building upgrades that improve environmental performance.

EUA’s facilitate increased economic, employment and environmental outcomes throughout the City and are a good opportunity for Council to stimulate private investment in businesses throughout the City.

The potential of Environmental Upgrade Agreements to reduce business overheads has benefits for the resilience of both individual enterprises and entire industry sectors.

The approach aligns with the Council Plan and other strategic documents including Council’s Green Warrnambool Plan, Economic Development and Investment Strategy, and Climate Change Action Plan.

The proposed 2 year pilot will allow Council to make an informed decision as to the role Environmental Upgrade Agreements can play in supporting a thriving and sustainable economy into the future.

Council supported the following recommendations (7-0):

That Council

1. Support the implementation of a two year trial of Environmental Upgrade Agreements;

2. Delegate to the Chief Executive, in accordance with Section 181H of the Local Government Act 1989: a) the power to enter into an Environmental Upgrade Agreement on behalf of Council; b) the power to declare and levy an environmental upgrade charge.

5.10 Friendship City Agreement – Knoxville (Iowa)

The relationship between the Knoxville and Warrnambool speedways has been established since 1993, and has been based on synergies around high profile sprint car racing events and the wider tourism and promotion benefits that both cities share.

It is proposed that the relationship with Knoxville be formalised initially via a ‘Friendship City’ Memorandum of Understanding (MoU) over a 5 year period. The focus of the MoU will be towards sports event tourism, and the recognition of links already in place between the Knoxville Raceway and the Warrnambool Premier Speedway.

Council supported the following recommendation (7-0):

That Council support formalising links between Warrnambool City Council and the City of Knoxville via a Friendship City Memorandum of Understanding for an initial period of 5 years.

5.11 Port of Warrnambool – Asset Management Plan

An Asset Management Plan is a strategic document for managing Council’s infrastructure and other assets such that they deliver an agreed standard of service.

A key purpose of Asset Management Plans is to drive longer term thinking and planning to ensure the organisation is operating in a financially sustainable manner.

Council has developed a draft Asset Management Plan for the Port of Warrnambool (Refer Appendix A) that contains two supporting documents to be read as supplements to the overarching Asset Management Plan;

o Port of Warrnambool Port Operations Review Report (Refer Appendix B).

o Port of Warrnambool Breakwater Assessment Report (Refer Appendix C).

The major recommendation is the installation of rock armouring along the sea side of the main breakwater. This has an initial estimate of $5.4 million ± 30%.

The development of the Asset Management Plan and supporting documents was funded by the asset owner, the State Government.

The Warrnambool City Council Port of Warrnambool Asset Management Plan is ready for the consideration of Council and to subsequently be released for public comment.

Council supported the following recommendations (7-0):

1. That Council forward a copy of the Port of Warrnambool Asset Management Plan to the Minister for Ports and the Minister for Energy, Environment & Climate Change.

2. That Council note that the Breakwater is an asset of the State Government.

3. That Council requests that the State Government, as a matter of priority, provide funding to secure Warrnambool’s breakwater.

4. That Council release the Port of Warrnambool Asset Management Plan and supporting documents for public comment for a period of 28 days; and

5. Consider submissions in relation to the Port of Warrnambool Asset Management Plan and supporting documents at a future Council meeting.

5.12 Warrnambool Floodplain Management Plan 2018-2023

The draft Warrnambool Floodplain Management Plan 2018-2023 (Refer Appendix A), has been prepared with the support of a technical work group.

The plan is based on the vision: Warrnambool Floodplain Management Plan “A flood resilient city community” September 2018.

The current 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)

The delivery of projects listed in Warrnambool Floodplain Management Plan 2018-2023 will need to be considered in future budget processes and will be reliant on receival of grant funding from partner organisations.

A Community Information Session was conducted on Tuesday 31 July 2018 between 9:00 am and 6:00 pm at the La Bella Rooms, the Pavilion Bar and Café, Viaduct Road, Warrnambool. The information session has been used to gain an appreciation for the level of acceptance within the community for the various options.

Council supported the following recommendations (7-0):

That Council:

  1. Agree to release the draft Warrnambool Floodplain Management Plan 2018-2023 for public comment for a period of 28 days.
  2. Consider submissions in relation to the draft Warrnambool Floodplain Management Plan 2018-2023 at a future Council meeting prior to adoption of the plan.

5.12 Warrnambool Floodplain Management Plan 2018-2023

The draft Warrnambool Floodplain Management Plan 2018-2023 (Refer Appendix A), has been prepared with the support of a technical work group.

The plan is based on the vision: Warrnambool Floodplain Management Plan “A flood resilient city community” September 2018.

The current 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)

The delivery of projects listed in Warrnambool Floodplain Management Plan 2018-2023 will need to be considered in future budget processes and will be reliant on receival of grant funding from partner organisations.

A Community Information Session was conducted on Tuesday 31 July 2018 between 9:00 am and 6:00 pm at the La Bella Rooms, the Pavilion Bar and Café, Viaduct Road, Warrnambool. The information session has been used to gain an appreciation for the level of acceptance within the community for the various options.

Council supported the following recommendations (7-0):

That Council:

  1. Agree to release the draft Warrnambool Floodplain Management Plan 2018-2023 for public comment for a period of 28 days.
  2. Consider submissions in relation to the draft Warrnambool Floodplain Management Plan 2018-2023 at a future Council meeting prior to adoption of the plan.

5.13 Local Law Review – Draft Local Laws Pre Community Consultation

Local Law does not sunset until 2026 and has been excluded from this review.

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

Council must Gazette the new Local Laws 2019 before the existing Local Laws sunset in April. The Draft Local Laws 2019 are attached - Refer Appendix A.

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

The essence of the 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.

Local Laws that have been superseded by State Legislation, eg the Road Safety Act 1986, Road Safety Road Rules 2017, Impounding of Livestock Act 1994 etc, have been removed. This does not diminish Council’s ability to enforce these matters as it can continue to do so under this legislation.

Council’s six existing amenity related Local Laws (Local Laws 2 through 7) have now been condensed into 1 new Local Law entitled Community Amenity Local Law.

The key changes are listed in a table with explanatory notes - Refer Appendix B.

Council supported the following recommendations (7-0):

That Council

1. receives the proposed Local Law Number 2 – Community Amenity Local Law (“the proposed Local Law);

2. authorises the commencement of the statutory process for the making of the proposed Local Law, in accordance with Part 5 of the Local Government Act 1989, by:

a. giving public notice of its intention to make the proposed Local Law and inviting submissions; and

b. placing the proposed Local Law on public exhibition together with any explanatory material, including a Community Impact Statement;

3. having regard to the importance of Local Laws in providing for the peace, order and good government of the municipal district of Council, requires public notice of its intention to make the proposed Local Law and public exhibition of the proposed Local Law to be complemented by:

a. information about the proposed Local Law in advertorials in the local newspaper;

b. information about the proposed Local Law on the Council website; and

c. copies of the proposed Local Law and supporting information being available for inspection at the Civic Centre; and

4. determines that submissions on the proposed Local Law will be considered by Council at its Ordinary Meeting to be held on Monday 3 December 2018.

5.14 Horses on Lady Bay and Levys Point Beach

The horse racing industry has a long history and association with Warrnambool and its beaches.

Council has previously issued permits to race horse trainers to exercise horses on the Lady Bay and Levy’s Beaches in partnership with the Warrnambool Racing Club and South West Owners & Trainers Riders Association (SWOTRA).

Commercial Horse Training was halted at Levy’s in 2016 pending the outcome of the Belfast Coastal Reserve Management Plan review and consultation process.

The recent Ministerial decision to allow racehorses to resume training at Levy’s enables Council to reissue a permit for training at Levy’s. Conditions related to the use are contained in a document from the community consultation meeting held 22nd August 2018 – Refer Appendix A.

Training cannot commence at Levy’s until Warrnambool Racing Club (WRC) have obtained a number of consents from Department of Environment, Land, Water and Planning (DELWP) and Parks Victoria which have been submitted and are awaiting approval.

WRC are in the process of obtaining the necessary consents so that training can commence at Levy’s before December when horses are not permitted to train on Lady Bay beach. Swim Only activities are permitted at Lady Bay over the Summer period.

The process has also given Council the opportunity to negotiate a reduction in horse numbers on Lady Bay and to require the Warrnambool Racing Club (WRC) to make a funding contribution towards the construction of a new bespoke car park for horse training adjoining the existing car park at the Pavilion.

WRC have written to Council seeking approval to resume training at Levy’s, have agreed to reduce numbers of horses training at Lady Bay, and made an offer to fund about 50% of the construction costs for the car park at Lady bay and to make improvements to signage and parking at Levy’s Beach – Refer Appendix B.

The cost of new parking facilities and wash down facilities at Lady Bay are estimated at $500,000 and $100,000 respectively. On this basis there is a belief that responsibility for the implementation of these facilities should rest with the Warrnambool Racing Club or Country Racing Victoria unless the current funding offer is substantially increased.

A draft Agreement has been developed for horse training at Levy’s Point Beach – Refer Appendix C. There are proposed transitional arrangements in place to allow 60 horses at Levy’s and 40 at Hoon Hill (Hoon Hill is outside Council’s jurisdiction) until signage and car parking facilities have been improved. Thereafter there is a cap of 120 training and 40 at Hoon Hill.

A new Agreement for horse training and swimming at Lady bay has been negotiated and developed with horse numbers capped at 50 training on Lady Bay beach (reduced from 96), and up to 116 swimming, with no more than 116 horses in total on any day (unchanged). The Agreement requires training to cease between 1st December and 31st March, although swimming can continue during these times - Refer Appendix D.

If Council is agreeable, the necessary Agreements will be executed and a funding Agreement will be entered into between Council and WRC, to construct a new car park at Lady Bay.

Agreements cannot be executed until pending State Government approvals have been issued to WRC.

Council supported the following recommendations (6-1):

That Council:

1. Only agree to provide approval for commercial horse riding at Lady Bay and Levy’s Beach, if the funding contribution to the Lady Bay Car Parking area is increased to $400,000.

2. Subject to Section 1 of this resolution being satisfied:

i. Allow commercial racehorse training to resume at Levy’s Point beach in accordance with the terms contained in the attached Agreement (Appendix C).

ii. Agree to amend the existing Agreement (Appendix D) for racehorse training at Lady Bay to reduce horse training numbers on the beach from 96 to 50 and retain the overall daily cap (swim and/or run) at 116 horses.

iii. Enter into a funding Agreement with Warrnambool Racing Club or Country Racing Victoria to construct a new car park for horse training at Lady Bay Beach and refer the Council co-contribution to the 2019-2020 budget process.

5.15 Reid Oval Redevelopment Project – Approval to Seek Loan Funding

In July 2018, the State Government announced the Community Sports Infrastructure Loans Scheme (CSILS).

The aim of the CSILS is to deliver community sport and recreation infrastructure by providing organisations access to low-interest government guaranteed loans between $500,000 and $10 million.

The CSILS has been established as a one year pilot program, with $100m allocated in 2018/19, and applications under the program closing 31 August 2018.

Following discussions with Council, the Chief Executive authorised submission of an application under the 2018/19 CSILS for a loan of $3,000,000 for the Reid Oval Redevelopment project.

The amount of funds that might be drawn down from a loan through the CSILS will be dependent on the final scope/size of the project that will in turn be largely determined by the overall funds available.

Council supported the following recommendations (5-1):

That Council endorses the action of the Chief Executive in submitting an application under the State Government’s Community Sports Infrastructure Loans Scheme for loan funding of $3,000,000 to support implementation of the Reid Oval Redevelopment project.

5.16 Assembly of Councillors Records

This report contains the record of two Advisory Committee meetings.

1. Economic Development Advisory Committee, 29 August 2018 – refer Appendix A.

2. International Relations Advisory Committee, 6 September 2018 – refer Appendix B.

Council received the report (7-0).

5.17 Assembly of Councillors Records

Council received the report (7-0).

5.18 Mayoral & Chief Executive Council Activities – Summary Report

Council received the report (7-0).

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