Council Minutes - Section B: Reports (13-15) - 27 May 2014

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Reports tabled at the Ordinary Meeting of Council on Tuesday date held at the Geelong Greyhound Racing Club, Princes Freeway, Corio.

13. Emergency Management Three Year Strategic Plan

14. Emergency Management – Post 2013/2014 Fire Danger Period Report

15. Transfer of 3 Smythe Place, Geelong

13. Emergency Management Three Year Strategic Plan

Purpose

The purpose of this report is to inform Council on the recently developed three year Emergency Management Strategic Plan and the results of the community consultation phase that took place during November/December 2013.

Summary

• The Emergency Management Strategic Plan (the Strategic Plan) provides direction for emergency management planning for the period commencing at the start of 2014/15 financial year and finishing at the end of 2016/2017 financial year;

• At the November 2013 meeting the council endorsed the Strategic Plan and approved its release for public comment;

• Key strategies and performance indicators within the Strategic Plan have been developed in conjunction with Council’s multi-agency Municipal Emergency Management Planning Committee as well as Council’s internal Emergency Management Group;

• The Plan focuses on six key objectives:

• Emergency Management Planning

• Continuous Improvement

• Knowledge Retention and Staff Development

• Resource and Service Delivery

• Community Education and Stakeholder Relationships

• Financial Investment

• The Strategic Plan is a key component that supports the Council in meeting its many obligations and will assist in preparing both the organisation and the community in preparing for, responding to and recovering from an emergency; and

• The Geelong community was advised about the Strategic Plan via an article that placed in The Advertiser on November 16th 2013. This article advised readers to visit the GeelongAustralia website or a Customer Service Centre where the Strategic Plan could be viewed and comments made. No comments were received.

Cr Ellis moved, Cr Harwood seconded -

That Council:

1. adopt the Emergency Management Strategic Plan 2014-2016; and

2. be kept informed on the Strategic Plan’s implementation via the Emergency Management Activity report which is received annually by Council.

Carried.

Background

This is the first Emergency Management Strategic Plan that has been developed for the City of Greater Geelong. Its development has taken over 12-months and has involved consultation with Council’s multi-agency Municipal Emergency Management Planning Committee as well as Council’s own internal Emergency Management Group and the Geelong community.

The Strategic Plan provides direction for emergency management planning for the City, but in doing so recognises the numerous Victorian Acts and Regulations that relate directly to emergency management as well as the Victorian Government’s White Paper titled ‘Victorian Emergency Management Reform’ which was released in December 2012.

Discussion

The Emergency Management Three Year Strategic Plan 2014 – 2016 (the Strategic Plan) is the product of 12-months work following the establishment of what is essentially a new Business Unit for council back in late 2011, i.e. the Emergency Management & Fire Prevention Unit.

The Strategic Plan identifies six Objectives, over 30 Strategies and lists over 60 Performance Measures.

The six Objectives are:

• Emergency management planning

• Continuous improvement

• Knowledge retention & staff development

• Resource and service delivery

• Community education and stakeholder relationships and

• Financial investment

Each objective was selected to cover a broad spectrum of tasks that would enhance, in particular, council’s approach in fulfilling its emergency management responsibilities.

The Strategic Plan was developed through consultation with council officers allocated emergency management responsibilities and the multi-agency Municipal Emergency Management Planning Committee (MEMPC).

The development of the Strategic Plan is considered essential in establishing a way forward over the next three years as well as ensuring that the City maintains its ‘best practice’ approach to emergency management.

The final draft of the Strategic Plan was circulated to the MEMPC prior to its meeting held on 4th May 2013. At this meeting the MEMPC discussed the Plan and endorsed the Plan and recommended that it go before Council.

Council received the first report on this Strategic Plan at its November 2013 meeting were it resolved to endorse the Strategic Plan and seek public comment on same. Community consultation was open for a 6-week period, however, no comments were received. Council now needs to adopt the Strategic Plan.

Council will be kept informed on the implementation of the Strategic Plan via an annual report, while day-to-day progress will be managed by Council’s internal Emergency Management Group. The Municipal Emergency Management Planning Committee will also receive updates on the Strategic Plan’s implementation at its quarterly meetings.

Environmental Implications

There are no environmental implications associated with this report.

Financial Implications

Objective Six, Financial Investment of the Strategic Plan sets out the three year financial investment for the City.

Notes:

1. Other recurrent funding will be used to meet the maintenance cost associated with flood warning remote sensing field equipment as detained within the Strategic Plan.

2. 2014/15 Budget bids: in accordance with the Strategic Plan, Budget bids were submitted for the first year of the strategy and a number of projects are included in the Draft Budget.

3. Funding of projects will be subject to ongoing Budget bids.

Future budget proposal.

The preceding table and supporting notes summarises the funding model for the 3-year Strategic Plan.

Income levels are difficult to estimate as they are entirely dependant upon State and Federal grant schemes becoming available and applications being successful. Grant applications will be made in order to offset the full financial cost being funded by council, however, council will need to allocate ‘seed money’ to support any grant application. Typically, most grants in the emergency management ‘arena’ are funded on a dollar for dollar basis.

Policy/Legal/Statutory Implications

Council’s Emergency Management Policy (CPL275.2) tasks council with ‘…the provision of timely and co-ordinated response and recovery activities with its resources to assist in community emergencies…’

To this end, the Strategic Plan identifies a number of strategies that will enable council to deliver timely response operations via the introduction of technological advances in remote flood level monitoring that is also capable of triggering automatic electronic traffic warning signs at a number of creek/river crossings particularly on Hovells Creek, Lara.

These installations along with undertaking an ‘all hazards’ Community Emergency Risk Management Assessment every three years should decrease Council’s future exposure to public liability claims.

Alignment to City Plan

The Strategic Plan ties into City Plan 2013-2017 Community Wellbeing strategic direction. The Plan provides a direct link to the Municipal Emergency Management Plan (MEMPlan) which is listed as a master plan to assist in delivering Community Wellbeing priorities.

Officer Direct or Indirect Interest

No officer involved in the preparation of this report has any direct or indirect interest relative to the advice provided in this report.

Risk Assessment

There are no risks associated with the recommendations contained within this report.

Social Considerations

The implementation of the Strategic Plan will have a positive impact on the community by ensuring that the City maintains and enhances the support role it fulfils during an emergency event. In addition the Plan has a strong focus on best practice by investing in training and technology.

The Strategic Plan is the key to ensuring that Council and the community is well prepared for the challenges of emergency management.

Human Rights Charter

An emergency, depending upon its size and nature can affect the whole community and, once again, depending upon the type of emergency can have long lasting community impact. The implementation of this Strategic Plan and the six Objectives, contained within strives to enhance community safety. Implementation of this Strategic Plan is consistent with the obligation under the Victorian Charter of Human Rights and Responsibility.

Consultation and Communication

During the development of the Emergency Management Strategic Plan, the strategy received input from the multi-agency Municipal Emergency Management Planning Committee as well as Council’s internal Emergency Management Group.

Community consultation was sought via a article that appeared in the Geelong Advertiser on 16th November 2013. This article encouraged residents to view the Strategy on the GeelongAustralia website or visiting a Customer Services Centre.

No comments were received.

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14. Emergency Management – Post 2013/2014 Fire Danger Period Report

Purpose

• The purpose of this report is to provide information to Council regarding emergency management, in particular, bushfire activities over the 2013/2014 Fire Danger Period.

Summary

• The 2013/2014 Fire Danger Period was declared for municipalities including the City of Greater Geelong on 23 December 2013 and subsequently closed on 22 April 2014, i.e.10-days prior to the statutory close date of 1 May;

• Since the start of the 2013/2014 Fire Danger Period the municipality has been relatively free of significant emergency incidents except for the one heavy rain event that occurred on 19 February 2014 and two larger bushfires/grassfires that occurred within the municipality. The first on 5 January at Point Wilson and the second on 9th February at Ceres. Two other fires that commenced in neighbouring municipalities had the potential to impact on the City of Greater Geelong, i.e. the Maude bushfire (8 January) and the Lt River bushfire (14 January);

• The Steiglitz-Lease Road fire that occurred on 16 January 2014, had striking similarities to the 2006 Anakie Bushfire that burnt in excess of 7000ha, but was rapidly bought under control by the Country Fire Authority (CFA);

• The City assisted the CFA via the supply of graders and/or water carts at the Point Wilson grass fire (5 January 2014) and the Maude grassfire, Golden Plains Shire (8th Jan 2014), the Ceres grassfire (9 February) and the Avalon grassfire (16 February). In addition, CoGG was requested by the CFA to pre-position equipment on two occasions in anticipation of fires breaking out due to extreme weather conditions;

• Council’s Municipal Emergency Resource Officer (MERO) attended the CFA’s Incident Control Centre on one occasion, i.e. 8 January 2014 and the Regional Incident Control Centre on 16 January 2014 and had numerous contact with both the CFA and Victoria Police during the Fire Danger Period; and

• Council’s Fire Danger Period (FDP) Inspections commenced on 1 November 2013 and unfortunately resulted in the number of infringements issued for non-compliance with a Fire Direction Notice being double that issued for the 2012/2013 FDP. That is, 227 non-compliance infringements issued for 2013/14 verses 100 issued for 2012/2013.

Cr Ellis moved, Cr Harwood seconded -

That Council:

1. acknowledge the 2013 – 2014 report on Emergency Management – Post 2013/2014 Fire Danger Period; and

2. forward a copy of the 2013 – 2014 Emergency Management – Post 2013/2014 Fire Danger Period report to the Western Region – Barwon South West Emergency Management Inspector, Michelle Henderson.

Carried.

Background

As in most populated areas of Australia there is the potential for emergency events occurring. These emergency events can be caused by natural occurrences, floods, fires and the like or as a result of human activities. These events then have the potential to affect segments of communities or whole communities.  Geelong is no exception and as such can expect incidents/emergency events to occur from time to time.  It is generally considered that the highest risks facing the region are bought about by severe weather events that result in flood or bushfire.

During the 2013/2014 Fire Danger Period, the municipality was fortunate to only experience a small number of bushfires and one heavy rain event, nonetheless, these bushfires and rain events have had an impact on those affected.

Discussion

For the Central Forecast District which includes the City of Greater Geelong, weather conditions for the 2013/2014 Fire Danger Period produced the following Fire Danger Ratings:

The above weather caused a number of bushfires/grassfires both within the municipality and near its boarders. The following table lists the larger fires that occurred:

Other events that occurred during the 2013/2014 Fire Danger Period included:

Fire Prevention Notices

Council’s Emergency Management & Fire Prevention Unit began its annual inspection program on 1 November 2013. Properties noted as being a fire danger received a Fire Prevention Notice and three weeks to undertake specified works. Up to 2-week extensions where granted to owners who requested same.

Owners who failed to comply with the 1st Notice then received an infringement of $1444.00 and received a letter advising of the failure to comply and that contractors had been engaged by the council to undertake the specified works. These additional costs were then passed onto the property owner. By mid April 2014 a total of 227 infringements had been issued. This is over a 100% increase in the number of infringements when compared with the 2012/2014 Fire Danger Period.

Morwell Coalmine Fire

During early April 2014, the Municipal Association of Victoria (MAV) sought assistance from other municipalities in assisting the La Trobe council in door knocking residents in order to provide information and check on their welfare. Four Community Development staff responded to the call and spent 4-days assisting the La Trobe council.

Environmental Implications

It is an important fact that many emergency events do have an impact on the environment.  Well planned response and recovery practices will only assist to minimise this impact. This is a further compelling reason for Council’s close attention to its emergency management role.

Financial Implications

Year to date expenditure on responding to emergency events up until end March 2014 totalled $61,500 which is within budget forecasts.

It should be noted that the above expenditure does not include repair works on the Cunningham Main Drain. However, the cost of these repairs may be eligible for reimbursement under the Natural Disaster Funding Program which is administered by the State Government’s Department of Treasury and Finance.

Policy/Legal/Statutory Implications

In accordance with the Emergency Management Act 1986, Council has a statutory responsibility to resource, plan and respond to emergency situations.  Council is also required to have a Municipal Emergency Management Plan and appoint officers to particular positions under this Act and the Country Fire Authority Act 1958. Council is, via the Municipal Emergency Management Planning Committee, required to review this plan annually and conduct a review of its Community Emergency Risk Management (CERM) program every three years.  Council is meeting these obligations.

Alignment to City Plan

Responding to emergency events ties into City Plan 2013-2017 Community Wellbeing strategic direction. These responses are provided as per the agreed arrangements outlined by the Municipal Emergency Management Plan (MEMPlan) which is listed as a master plan to assist in delivering Community Wellbeing priorities.

Officer Direct or Indirect Interest

No Council officers associated with writing this report have any direct or indirect interest, in accordance with Section 80 © of the Local Government Act.

Risk Assessment

Council has an extensive array of bushfire preparation actions that are directed at ensuring that the municipality is prepared, as far as is practicable, for the ensuing Fire Danger Period. These actions now total over 30. These actions are undertaken by a number of staff within both the City Services and the Community Services Divisions.

The preparation actions are all listed with council’s CorVu software program with their progress monitored by council’s Emergency Management Group.

To support and enhance these bushfire preparation actions, the following new documents / tasks were introduced in late 2013. These new actions include:

• Bushfire Readiness Arrangements Manual developed

• Fire Danger Day Preparation sheet & Field Deployment sheet

• Code Red Management Procedure

• Lt River Visitor Information Centre Evacuation Plan – Bushfire

• Staff Advice/Warnings now issued by the Risk Management Unit when bushfires commence within the municipality or in a neighbouring municipality close to the municipal boarder.

Bureau of Meteorology ‘ENSO’ Forecasts

In the April 2014 El Nino Southern Oscillation (ENSO) Wrap-up, the Bureau is forecasting that there is now a +70% chance that an El Nino event (ie drying conditions) will develop during the 2014 southern hemisphere winter. The Bureau has advised ‘…El Nino is often, but not always, associated with below normal rainfall across large parts of southern and inland eastern Australia during the second half of 2014.’ Should these conditions continue into spring and summer, then Victoria will have another high fire risk during the 2014/2015 Fire Danger Period.

Council officers will continue to monitor the Bureau’s monthly ENSO forecast reports.

Social Considerations

Generally, the community expect Council to take a lead role in emergency situations and particularly the recovery aspect – this was certainly the case for the Portarlington Wind Event. This ‘phase’ needs to commence simultaneously with response operations. Council’s role in Emergency Management both during and after an event is critical to the continuing wellbeing of the affected communities.  The impact of an event such as fire, flood, wind or pandemic event not only affects property but can also have long term impacts in terms of the communities social, health and economic wellbeing.

Human Rights Charter

An emergency, depending upon its size and nature can affect the whole community and, once again, depending upon the type of emergency can have long lasting community impact. The implementation of council fire preparedness actions and compliance with the Emergency Management Act 1986 strives to enhance community safety and is consistent with the obligation under the Victorian Charter of Human Rights and Responsibility.

Consultation and Communication

• A copy of this report will be sent to the VicPol’s Western Region – Barwon South West Emergency Management Inspector, Michelle Henderson.

15. Transfer of 3 Smythe Place, Geelong

Purpose

The purpose of this report is to recommend that the Council transfer 3 Smythe Place to a registered housing agency through the DHS registration of interest process.

Summary

• The Council owns a property at 3 Smythe Place Geelong which is a 17 room hostel purchased and constructed in 1994-5 using a government grant.  It was leased to Deakin University Student’s Association (DUSA) for student accommodation until April 2014 and is currently occupied temporarily by Time for Youth.

• The property was purchased by Council using a $630,000 grant through the Community Housing Program (CHP) and a caveat exists on the title providing that the Council repay the grant multiplied by the increase in the property value should the caveat be cancelled by Council or if the property is not appropriately used.  The grant interest is held by the State Department of Human Services (DHS).

• Two valuations have been obtained as at the today’s date and at 1996 when the property was constructed.  The valuations obtained indicate that under the terms of the caveat the Council has no equity in the property.

• The options for the Council are:

• Retain the property and use it for the intended purposes.

• Cancel the agreement and payback the inflated grant then sell the property.

• Transfer the property to a housing agency through the DHS process.

• The option of transferring the property through the DHS process is recommended for financial and operational reasons.

• The future of the property has been discussed with the DHS recently following interest in providing youth housing from an group involved in that sector.  The recent giving of notice by DUSA that it will not be taking up a further lease also allows the Council to examine its role as owner of a residential property.

• Since construction the Council has taken no direct operational interest in the use of the property for residential purposes and it is noted that the prior use being student housing was not consistent with the intent of the original CHP grant.  Building maintenance costs are projected to increase in the near future.

• The DHS offers a program for owners of CHP properties to participate in an EOI process where the properties are transferred to registered housing agencies.  It is recommended that the Council take the opportunity to participate in this process and transfer the property to an entity involved in providing social housing.

• If the property fails to transfer under the DHS EOI process the future of the property will have to be reviewed in conjunction with the DHS.

• Prior to sale of the property notice under s189 of the Local Government Act is required to be given and any submissions considered.  If no submissions are received the property will form part of the DHS EOI process and be transferred to a registered housing agency should the process successfully identify a new owner.  If any submissions are received a further report will be put to Council.

Cr S Kontelj moved, Cr Heagney seconded -

That Council in relation to the property at 3 Smythe Place, Geelong (“the land”):

1. commence the procedures transfer the land to a registered housing agency through the Department of Human Services registration of interest process;

2. give notice of its intention to transfer the land under section 189 of the Local Government Act 1989 (“the Act”) and that public notice of and the right of a person under section 223 of the Act to make a submission in relation to the proposed sale be given in the Geelong Advertiser and Geelong Independent;

3. appoint the Submissions Review Panel to hear and report to the Council on any submission in relation to the proposed transfer;

4. in the event that no submissions are received transfer the land to a registered housing agency through the DHS process;

5. authorise the General Manager – Corporate Services to sign the contract of sale; and

6. sign and seal the Transfer of Land.

Carried.

Background

Council is the owner of a property at 3 Smythe Place, Geelong consisting of a former industrial premises converted into hostel accommodation in 1994-5.  The building provides 17 individual bedrooms on 2 levels with shared kitchen, bathroom and laundry facilities and has been leased to Deakin University Student’s Association (DUSA) up until April 2014 for use as student accommodation.

The project originated as an initiative of the Council and St Laurence and was financed through a grant under the Federal Government’s Community Housing Program (CHP). Initially the purpose of the project was to address the lack of youth housing, instead the Deakin University Student’s Association (DUSA) took up occupancy under a lease from Council at completion of the project.  Use of the premises for student accommodation is inconsistent with the Guidelines for the grant.

Youth services provider Time for Youth currently occupies the premises on a temporary basis for youth accommodation while other premises are being renovated.

At the end of DUSA’s tenancy the rent was $120 per year and the Council has carried out maintenance on the property averaging $8,900 per year in recent years.  The asset management plan for this building indicates that approximately $18,900 needs to be spent on the building each year to meet reasonable projected maintenance requirements.

The land is Lot 2 on PS328306W with an area of 381m2.  The title has a caveat registered in 1998 indicating a funding agreement (“the agreement”) between the State Government (Director of Housing - “the Director”) and the Council that provides for a $630,000 grant on the following key conditions:

• To provide rental accommodation for a target group (“male and female young people between ages 17 – 25”).

• Manage the project in accordance with the grant Guidelines.

• If Council fails to manage the property within the Guidelines or was to cancel the agreement then it pays back the grant amount inflated by the present valuation divided by the valuation on completion ie the CHP grant inflates in line with the increase in the value of the property.

The property is one of 3 CHP properties owned by Council, the others being unit developments at Leopold and Corio.

Discussion

Under the terms of the agreement the Council has three options. 

• Option 1 is to retain the property and use it for purposes provided in the CHP guidelines issued by the Director or as otherwise agreed by the Director.  This would involve either operating the property directly as a hostel or finding another tenant to fill that role in providing accommodation for the target group.

• Option 2 is to cancel the agreement and payback the grant amount inflated by the increase in value of the property which could be partly funded through the sale of the property.

• Option 3.  With the approval of the Director (DHS), transfer the ownership of the property to another entity for use in accordance with the guidelines in the agreement.

The financial implications of the options are provided in the Financial Implications section below.

Hostel style accommodation with shared facilities generally requires a high level of management and supervision either through co-operative arrangements with residents or in house supervision.  Agencies engaged in housing provision for the target group now favour self contained rather than hostel style accommodation.

Being a direct or indirect provider of accommodation or housing services is something that the Council is not experienced in or set up to provide.  If the property is to continue to be used for this purpose then it is preferable that an agency skilled in this area take ownership and control of the property.

The Council has been approached by a group involved in the provision of housing for homeless youth and has inspected the property.

Rather than attempt to cancel the agreement and fund the payback amount provided in the agreement, it is recommended that Council participate in the DHS’s annual selection process to find a registered housing agency to take ownership of the property and operate it to serve the interests of a target group being some form of social housing.

The Director of Housing transfers CHP properties under its DHS Purchasing and Procurement process to meet legal and probity requirements.  In summary the process follows these steps:

• Registration of Interest document is circulated to housing agencies registering interest in this type of property.

• Selection criteria are included in the ROI.

• An assessment panel is formed including Council representative(s) and ROI’s are assessed against the criteria.

• The property is transferred under a tripartite agreement.

If the property fails to transfer under the DHS EOI process the future of the property will have to be reviewed in conjunction with the DHS.

Environmental Implications

There are no environmental implications associated with the recommendations of this report.

Financial Implications

The Council purchased and developed the property using a CHP grant of $630,000, and cash donations were received from Trades Hall, Lions and St Laurence to assist with furnishings and operations.  The agreement may be ended either by the DHS if the Council fails to perform requirements, or if the Council so decides.  In either event the Council must repay the grant amount of $630,000 multiplied by a factor being the current market value divided by the value of the property at completion of the project in 1996.  The valuations obtained in January 2014 indicate that the Council has no equity in the property and if the inflated grant was to be repaid the amount would be $1,995,000.

By disposing of the property through the DHS process the Council avoids the grant liability which would arise under other options and any on going maintenance costs.

Policy/Legal/Statutory Implications

The sale of the property through the DHS procurement process is a public process and is consistent with the requirements of the Local Government Guideline on the Sale and Exchange of Land.

Under s189 of the Local Government Act the Council is required to obtain a certified valuation and to give public notice of its intention to sell.  Any person has the right to make a submission and to be heard in respect of that submission.  If submissions are received they are heard by the Submissions Review Panel and a further report put to Council.  If there are no submissions the property will be offered for sale under the DHS registration of interest process.

Alignment to City Plan

Transfer of the property to a registered housing agency is likely to enhance community well being through the new owner’s social housing objectives.

Officer Direct or Indirect Interest

No officers or contractors involved in the preparation of this report have a direct or indirect interest in any matters to which this report relates.

Risk Assessment

There are considerable risks for the Council continuing to own a property of this nature.  The Council is not experienced in or set up to directly or indirectly supervise a residential hostel which involves heightened fire and operational risk.

Social Considerations

The transfer of the property to a registered housing authority is likely to provide an outcome where a target group’s housing needs are catered for.

Human Rights Charter

The recommendations of this report and the subsequent sale of the property have no implications relating to the Human Rights Charter.

Consultation and Communication

Discussions have been held with a provider of youth services in relation to the possible future use of the property and its suitability to provide accommodation for the target group.  Public consultation will occur when the proposed transfer of the property is advertised under s189 of the Local Government Act.

Attachment 1
3 Smythe Place Geelong

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