Council Meeting Snapshot - Wednesday 4 December 2024

Published on 04 December 2024

To keep our community up to date with key Council decisions, outcomes and plans; here is a snapshot summary from Council’s Wednesday 4 December Council Meeting.           

Petitions

Stop Waterford Rise Traffic II

Council received and noted the 'Stop Waterford Rise Traffic Petition II' with 53 signatories, and a report will be presented to Council on this matter no later than four Council Meetings time. 

Council will advise the lead petitioner of the Council Meeting date that the Officer Response will be presented. 

Planning and Development

PLA0218/22 - 4 Durack Court, Warragul

Council moved an alternate recommendation to; 

  • Issue a Notice of Decision to Grant a Planning Permit for Planning Application PLA0218/22 - 4 Durack Court, Warragul, subject to additional conditions.

PLA0181/23 - 117 Narracan Connection Road, Narracan

Council moved an alternate recommendation to;

  • Issue a Notice of Decision to Grant a Planning Permit for Planning Application PLA0181/23 - 117 Narracan Connection Road Narracan.
  • Unless with prior written consent of the Responsible Authority, the sale and consumption of liquor must only operate between the hours of:
    a. Monday, Tuesday, Wednesday, Thursday: Closed
    b. Friday: 3pm - 8pm
    c. Saturday and Sunday: 11am - 8pm
    d. Public Holidays:
                     i. If the day falls on a weekday (Monday to Friday), standard opening hours apply.
                     ii. If the day falls on a weekend (Saturday, Sunday) 11am - 8pm. 

Planning Scheme Amendment C151bawb - Public Open Space Contribution Rates

Council moved an amended recommendation, having considered all submissions made on the Baw Baw Planning Scheme Amendment C151bawb in accordance with Section 22 of the Planning and Environmental Act 1987 (the Act) in its role as Planning Authority:

  • Note the submissions to Baw Baw Planning Scheme Amendment C151bawb;
  • Request the Minister for Planning to appoint a Panel under Section 153 of the Act to consider submissions to planning scheme amendment C151bawb;
  • Pursuant to Section 23 of the Act refer the submissions to an independent Planning Panel appointed under Part 8 of the Act; 
  • Write to all submitters to Amendment C151bawb to advise them of Council's decision; and,
  • Accept the written communication of Mr Jonathan Neilson of this week as a formal submission.

Strategic Extractive Resource Areas (SERA) Project - Trafalgar

Council moved the recommendation to;

  • Note the draft SERA Planning Controls for Trafalgar Sand Resource Area;
  • Note officers' submission to the SERA draft Planning Controls for Trafalgar Sand Resource Area; and,
  • Authorise officers to lodge the submission to the Department of Transport and Planning.

Community Infrastructure

Tender Recommendation Report - Factory Road, Yarragon - Replacement of two Bridges, Road Upgrade and Drainage Works

Council moved to award CON-2024013 to Road & Bridge Pty Ltd, for the total lump sum of $1,377,312.45 exc. GST, plus contingency amounts as specified in report and attachments.

Council authorised the Chief Executive Officer to sign the Contract and, delegate approval of contract claims and variations to the Chief Executive Officer.

Tender Recommendation Report - Dowton Park Pavilion Upgrade

Council moved to award CON-2024008 to Kubale Constructions Pty Ltd, for the total lump sum of $3,102,482.00 exc. GST, plus contingency amounts as specified in report and attachments.

Council noted the revised total project budget amount of $3,965,000 exc. GST.

Council authorised the Chief Executive Officer to sign the Contract, and delegated approval of contract claims and variations to the Chief Executive Officer.

Extension of CON2020043 Civil and Ancillary Works Panel

Council moved to exercise the two-year extension available for CON2020043 and notify all contractors of the extension. 

Council delegated the authority to the Chief Executive Officer to execute the contract documents in accordance with CON2020043.

Response to General Business Motion - Provision of a footpath on east side of Bowen Street, Warragul between Linear Trail and Sutton Street

Council moved an amended recommendation to; 
  • Receive and note the report outlining the feasibility of a footpath on the east side of Bowen Street, Warragul, between the Linear Trail and Sutton Street, provided in response to the General Business Motion raised on 7 August 2024; and,
  • Note that the footpath on the east side of Bowen Street, Warragul, between the Linear Trail and Sutton Street has been assessed against the adopted Paths and Trails Strategy and that this section of footpath is not a priority for consideration in the New Footpaths in Major Towns program as part of the 2024/25 Long Term Infrastructure Plan; and,
  • Refer the project to the 25/26 Annual Budget.

Strategy and Organisational Performance

Community Grants Program Round 1 - Community Projects and Minor Capital Work

Council noted the outcomes of the 2024/25 Round 1 Community Projects grant applications and endorsed the 2024/25 Minor Capital Work grant applications as per the Assessment Panel recommendations. 

Q1 2024/25 Combined Performance Report

Council noted the following;
  1. Quarterly Performance Report for Quarter 1 of 2024/25;
  2. Financial Report for Quarter 1 of 2024/25;
  3. Capital Works Program Report including additional projects and adjustments for Quarter 1 of 2024/25;
  4. Add the following projects and budget allocations totalling $1,215,159 to the Capital Works Program 2024/25;
a. 101404 Williams Street Warragul – $104,562
b. 101405 Princes Way Service Rd Drouin – $102,597
c. 101408 Lardner Road Drouin to Warragul – $858,000
d. 101325 Pharaohs Road Roundabout Detailed Design – $125,412 (budget increase of $150,000 from -$24,588 to $125,412)
5. Amend the budget allocations for the following projects totalling -$449,600 within the Capital Works Program 2024/25:
a. 101241 Vehicle Bridge Renewal Program - Factory Rd, Yarragon – reduce budget by $449,600 to $1,709,000
b. 101269 Pram Ramp Renewal Program – reduce budget by $25,000 to $0
c. 101377 DDA Upgrade Program – reduce budget by $30,000 to $0
d. 101271 Sealed Footpath Renewal Program – increase budget by $55,000 to $275,000
e. 101162 Sustainability Program – reduce by $44,000 to $111,000
f. 101066 Warragul Leisure Centre – increase by $44,000 to $103,480.

Governance and Information Services

Proposal to name a Yarragon Park 'Angela Malacarne Park'

Council endorsed the name 'Angela Malacarne Park' for the park on Rollo Street, Yarragon and will commence a public consultation period from 1 February 2025 to 3 March 2025 in accordance with Geographic Names Victoria's Naming Rules and Council's Community Engagement Policy.

Partial acquisition of 41 Sutton Street, Warragul & 7 & 7A Tarwin Street

Council resolved to;

  • Deviate the section of Crown Road (marked number 3 on the title plan), observing the powers contained in Schedule 10 of the Local Government Act 1989 by publishing the deviation in the Gazette and obtaining the consent of the Minister's Delegate;
  • Commence the acquisition (land exchange) of part of 41 Sutton Street, Warragul Volume 9624 Folio 725 and 7 & 7A Tarwin Street, Warragul Volume 11968 Folio 732 pursuant to section 112 of the Local Government Act 2020 following the process outlined in the Land Acquisition and Compensation Act 1986;
  • Publish the attached plans and notice of acquisition on its website in line with Section 112 Subsection 3 of the Local Government Act 2020 which states that Council's Community Engagement Policy applies;
  • Authorise the CEO to sign the Notices of Intention to Acquire; and,
  • Authorise the CEO to sign contracts of sale, transfer of land and any other related documents to effect the acquisition of the properties.

Future Use of 12 George Street, Warragul

Council moved to;

  • Renew the interim lease agreement ending 30 June 2025 for a further period of eighteen months with a renewed end of lease date of 31 December 2026, by notifying Scope no later than December 31, 2024;
  • Note the commencement of essential safety and building compliance upgrades, estimated at $202,000 ex GST, to allow Scope and/or other tenants to safely remain in the building;
  • Continue to work with Scope to explore the possibility of relocation to the 207 Landsborough Street, Warragul site;
  • Explore the potential sale of 12 George Street, Warragul to Scope should the Landsborough Street, Warragul site not be suitable;
  • A further report be presented to Council no later than 1 July 2026 seeking a resolution of Council regarding a long-term lease to Scope; and,
  • Note the planned and designed expansion of the kindergarten at the site will be delayed as a consequence of Council extending the lease with Scope at the site and may impact the number of kindergarten places available in the Warragul SA2 area.

Audit and Risk Committee Charter and Self-Assessment

Council adopted the Audit and Risk Committee Charter in accordance with section 54(1) of the Local Government Act 2020 and noted the results of the committee's Annual Self-Assessment Survey, which is tabled in accordance with the Audit and Risk Committee Charter and Section 54(4) of the Local Government Act 2020.

Delegation Review and Update

Council, in the exercise of the powers conferred by the legislation referred to in the instrument of delegation resolves that:

a) 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 of 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;
b) The instrument comes into force immediately upon this resolution being made and is to be signed by the Council’s Chief Executive Officer and the Mayor;
c) On the coming into force of the instrument all previous delegations to Members of Council staff (other than the Chief Executive Officer) are revoked; and
d) The duties and functions set out in the instrument must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

Governance Report December 2024

Council received and noted the December Governance Report and noted the minutes of the 25 November Audit and Risk Committee meeting.

General Business

  • Council moved a General Business Motion requesting that Council receive a report no later than no later than 26 March 2025 detailing the viability of Council purchasing the Longwarry Recreation Reserve.
  • Council moved a General Business Motion requesting that Council receive a report no later than 26 March 2025 on the feasibility of purchasing up to three portable change rooms including all associated costs to own, operate, maintain, insure and relocate facilities that meet minimum sporting code requirements.

Notice of Rescission - Item 11.6 Sand Road, Longwarry

Council adopted item 11.6 - Award of Contract CON-2024919 Sand Road, Longwarry - Path Construction which was passed at the 4 September 2024 Ordinary Council Meeting be rescinded.

Notice of Rescission - Item 15.1 Apex Lookout Naming Proposal - Post Consultation

Council adopted item 15.1 - Apex Picnic Area and Looking Naming Proposal - Post Consultation which was passed at the 4 September 2024 Ordinary Council Meeting be rescinded.

Bereavement Motion

Council moved a bereavement motion for the late John Delzoppo, acknowledging his extensive service to his community both as a Councillor for the Shire of Buln Buln and then as Member for Narracan from 1982-1996.

Baw Baw Shire Council Council Meetings are open to the public and are held at the West Gippsland Arts Centre.

Council Meetings will commence at 5:30pm on the second Wednesday of the month, and 1:00pm on the fourth Wednesday of the month.

All Council meetings will be live-streamed, and archived recordings will be available on the Council website for viewing.

The agenda for the next meeting will be available online the Friday prior to the meeting.

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