Council Minutes - Section B: Reports - 11 August 2015

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Reports tabled at the Ordinary Meeting of Council on Tuesday date held at City Hall, Little Malop Street in Geelong.

• Urgent Business

1. Amendment C330 Exhibition: Connections Park BMX Site, Corio

2. Department of Education and Training – Children’s Facilities Capital Grants – Expression of Interest Process

3. Vietnam Veterans Avenue of Honour and Community Billboard, North Geelong

4. Community Grants Program 2014/2015 – Summary of Allocations – 1 September 2014 to 30 June 2015

5. Public Safety Infrastructure Fund

6. City of Greater Geelong Food Policy

7. Elcho Channel and Drainage Upgrade – SRC322 – Intention to Declare

8. 2016/2017 Sport and Recreation Victoria Funding Program Submissions

9. Iconic Floating Christmas Tree – Ongoing Services Contract

10. Iconic Floating Christmas Tree – Ongoing Services Contract (Confidential)

11. Armstrong Creek East Neighbourhood Activity Centre Drainage Easement Acquisition (Confidential)

12. Sale of 120 & 130 Heales Road, Lara and Part 162-200 McManus Road, Lara to TG Australasia Pty Ltd – New Contract of Sale (Confidential)

Urgent Business

Note: Introduction of Urgent Business requires two-thirds majority of Councillors present.

Cr Macdonald moved, Cr Heagney seconded -

An item of Urgent Business is proposed regarding temporary reallocation of the Veteran Affairs Portfolio and also temporary responsibility for the Kildare Ward following the resignation of Stretch Kontelj.

Carried.

Background

Stretch Kontelj was the former Councillor for the Kildare Ward, with responsibility for the Veteran Affairs Portfolio. Following his recent resignation, Council intends to temporarily reallocate the Veteran Affairs Portfolio, along with temporary responsibility for all matters arising within the Kildare Ward.

Cr Macdonald moved, Cr Heagney seconded -

That Council:

1. appoint Cr Rod Macdonald as the Veteran Affairs Portfolio holder until the replacement Kildare Councillor has taken the Oath of Office in October 2015; and

2. assign temporary responsibility for the Kildare Ward to the Mayor until the replacement Kildare Councillor has taken the Oath of Office in October 2015.

Carried.

1. Amendment C330 Exhibition: Connections Park BMX Site, Corio

Purpose

This report seeks Council approval to exhibit a Planning Scheme Amendment to rezone part of Connections Park Corio to the General Residential Zone.

Summary

• This is a Council-initiated amendment proposing to rezone Connections Park East (BMX site), Corio, from the Public Park and Recreation Zone to the General Residential Zone. The rezoning itself will not change the way the park is currently being used.

• The amendment is the result of a 25 November 2014 Council resolution to prepare a report on the sale and rezoning of the site. A separate report will be prepared regarding the sale of Council-owned land.

• Funds have been allocated in the 2015/16 Council Budget to remove the existing BMX and skate infrastructure and level and compact the site suitable for public reserve usage.

• The reserve is poorly situated and continues to suffer from a lack of passive surveillance and safety concerns.

• Rezoning of the site to a residential zone will improve Council’s ability to attract investment in a challenging urban renewal precinct that will also see the redevelopment of the adjacent former Rosewall Primary School land.

• While the site is not designated for rezoning in the Corio Norlane Structure Plan, the proposal is supported by Clause 21.18 Corio Norlane policy objectives to increase the local population, diversify housing types and support opportunities for renewal.

• The long-term strategy to redevelop the land for residential use complements other Council renewal projects in the area; including a new skate park at Stead Park, improvements to Flinders Peak Reserve, development of the Hendy Street Family and Children’s Hub and the redevelopment of the Rosewall Neighbourhood House.

• It is recommended that the amendment be placed on public exhibition.

Cr Heagney moved, Cr Fisher seconded -

That Council resolves to:

1. support the preparation and exhibition of Amendment C330 to the Greater Geelong Planning Scheme to rezone part of the land at Connections Park, Corio (BMX site), from the Public Park and Recreation Zone to the General Residential Zone as shown in Appendix 3; and

2. request the Minister for Planning to authorise the preparation and exhibition of Amendment C330.

Carried.

Background

Amendment C305 was gazetted on 23 April 2015. That Amendment rezoned a strip of Connections Park directly north of the former Rosewall Primary School land from the Public Park and Recreation Zone (PPRZ) to the General Residential Zone. Council is currently negotiating with the Department of Education to exchange land to improve the development potential of the former school site and support the planned new Rosewall Neighbourhood Centre.

As part of the 25 November 2014 resolution to adopt Amendment C305, Council also resolved that: “Officers prepare a report on the sale and rezoning of Connections Park East (BMX site)”. This report partly responds to that resolution.

An aerial map of the area proposed to be rezoned is shown in Appendix 1.

The Amendment land is owned by Council and zoned PPRZ as shown in Appendix 2. The site has a total area of 1.3 hectares and contains infrastructure for BMX and skate riding, walking and cycling. It is proposed to rezone the land to the General Residential Zone Schedule 1 (Appendix 3).

A separate report will be prepared regarding the sale of Council-owned land. Work is currently underway by Council to remove the existing BMX and skate infrastructure and level and compact the site suitable for public reserve usage.

Discussion

The original 1970s concept for Connections Park Corio was based on Radburn design principles of creating a ‘common ground’ (i.e. municipal park) integrated with housing and community infrastructure including a primary school. Unfortunately the eventual subdivision design of Rosewall produced an inverse result of park back fences and poor connectivity.

The BMX site continues to suffer from a lack of passive surveillance. The prevalence of anti-social behaviour and safety concerns by local residents reinforces the systemic, long-term problems associated with the subdivision design.

With the recent rezoning of part of the park for residential use and proposed redevelopment of the former school site and neighbourhood centre, the area will begin to change. This change is supported by the Concept Plan in the Corio Norlane Structure Plan 2012. The proposed rezoning for residential use of the BMX site will further encourage and advance urban renewal opportunities.

A servicing report by St Quentin Consulting finds that service infrastructure is readily available and development cost estimates are reasonable.

There are a number of stormwater constraints in the immediate area. The existing piped drainage infrastructure has limited capacity. Flood mapping shows parts of the park act as detention storage and redevelopment has the potential to adversely impact on surrounding properties. Engineering consider that road construction provides the greatest flexibility in directing overland flows within the existing road network.

Given that Council will retain ownership and control of the land – even if rezoned – it is considered drainage issues can be appropriately addressed as part of any sale and planning permit process.

Rezoning the site of itself will not achieve renewal. What it will do is place the land in a residential zone where investment and sale can be pursued. It is acknowledged that this is a challenging development site and innovative solutions will be required to address access, feasibility and functionality constraints. As a major landowner in the area, the Department of Health and Human Services are supportive of the proposed amendment and will continue to work with Council to achieve renewal.

The long-term strategy to redevelop the land for residential use complements other renewal projects that will bring significant benefits for the local community. These include a new skate park at Stead Park, sporting improvements to Flinders Peak Reserve, development of the Hendy Street Family Hub and the redevelopment of the Rosewall Neighbourhood House.

There is also the matter of loss of designated public open space in the Planning Scheme. It is considered that there is sufficient alternative open space available to meet local needs.

The 2011 Corio Norlane Structure Plan Background Report identifies Corio East – which includes the subject site – as containing Flinders Peak Reserve, Shell Oval Reserve and Hendy Street Reserve. The Report also identifies a number of passive reserves in Corio East including Connections Park. The Corio Norlane Structure Plan July 2012 notes that the region is well served by areas of active open space but that some local open space is undersized, isolated and unsuitable for playground equipment.

It is considered that the retention of the western part of Connections Park at over 1.3 hectares, with established playground equipment and neighbouring the Rosewall Neighbourhood House, will adequately serve local open space needs. The loss of the BMX site as designated open space will not adversely impact on the community.

Environmental Implications

There are no environmental impacts as a result of the Amendment.

Financial Implications

No impact to budget.

Policy/Legal/Statutory Implications

The State Planning Policy Framework Clauses 11 (Settlement), 16 (Housing) and 19 (Infrastructure) support the redevelopment of underutilised urban land consistent with the purpose of this Amendment.

The Municipal Strategic Statement includes local policy Clause 21.18 Corio Norlane. The policy outlines key issues facing Corio and Norlane including a stagnant residential population, low housing densities, ageing housing stock and a lack of quality, usable public reserves.

Relevant objectives at Clause 21.18-2 are to:

• Increase the resident population, diversify housing types and support opportunities for urban renewal.

• Increase social and cultural connection through integrated community precinct planning.

• Provide active and passive open space to meet the needs of residents and visitors.

It is considered that Amendment C330 is consistent with the objectives of Clause 21.18. This includes the Corio Norlane Structure Plan 2012 which is a reference document in the Greater Geelong Planning Scheme.

Alignment to City Plan

The Amendment supports the ‘Community Wellbeing’ and ‘Sustainable Built and Natural Environment’ strategic directions of City Plan. The rezoning supports opportunities for urban renewal.

Officer Direct or Indirect Interest

No Council officer involved in the report has any direct or indirect interest, in accordance with Section 80(c) of the Local Government Act.

Risk Assessment

There are no notable risks associated with implementing the recommendation contained in this report.

Social Considerations

The Amendment is an important step in the long term redevelopment of Connections Park, the former Rosewall Primary School site and the Rosewall Neighbourhood House.

Human Rights Charter

The Amendment will not impact on any basic rights, freedoms and responsibilities as set out in the Charter. Planning legislation ensures an open community consultation process occurs, enabling people to freely express their views and if necessary obtain a fair hearing before an Independent Panel.

Consultation and Communication

There was extensive community consultation about Connections Park as part of the Corio Norlane Structure Plan process.

Amendment C330 will be exhibited in accordance with the requirements of the Planning and Environment Act 1987, including direct notification to all surrounding owners and occupiers.

The Department of Health and Human Services and the Department of Education, as major adjoining landowners, have already been consulted about the project and will be formally notified at the exhibition stage.

Appendix 1 - Aerial map of subject land and immediate area

Appendix 2 - Current zoning map

Appendix 3 - Proposed rezoning map

2. Department of Education and Training – Children’s Facilities Capital Grants – Expression of Interest Process

Purpose

The purpose of this report is to seek approval from Council to proceed with Expression of Interest (EOI) applications for funding through Department of Education and Training (DET), 2015-16 Children’s Facilities Capital Grants for the nominated projects referred to below.

Proceeding with the EOI applications does not commit Council on any level nor does it guarantee any funding from DET.

Should Council be invited to submit a detailed application a further report will be submitted for Council to consider and determine whether to proceed based on budget implications and project feasibility.

Summary

• The Victorian Children’s Facilities Capital Grants, through the Department of Education and Training (DET) provide an important opportunity for Council to secure much needed funding for early childhood infrastructure projects throughout the municipality.

• EOI applications for the 2015-16 Children’s Facilities Capital Grants are invited for projects that are planned over the next 4 years.

• This report outlines a number of projects recommended for EOI submission to the 2015-16 Children’s Facilities Capital Grants. The specific nature of grants available through the 2015-16 Children’s Facilities Capital Grants include the following:

1. Integrated Children Centre Grant – Major Category up to $1.6M

2. New Early Learning Facility Grants – Major Category up to $650,000

3. Early Learning Upgrade Grants – Major Category up to $350,000

4. Minor Infrastructure Expansion Grants – up to $25,000

5. Minor Infrastructure Refurbishment Grants – up to $10,000

6. Information Technology Grants – up to $1,500

Closing dates for applications for Major Grant category are due by Friday 7 August 2015.

• Submission of EOI applications to the 2015-16 Children’s Facilities Capital Grants does not ensure funding. In the event that any EOI application is successful a further detailed application will be required and referred back to Council with a separate report identifying contribution requirements from Council and budget implications for consideration.

• The Department of Education and Training is seeking to identify projects that Council is likely to be seeking funding contributions for over the next four year period.

• The projects recommended for EOI applications below are all included and identified as priorities within the Municipal Children’s Services Infrastructure Plan that has already been endorsed by Council.

Cr Fisher moved, Cr Farrell seconded -

That Council:

1. proceeds with the EOI applications for the projects as referred below:

   Major Infrastructure – Integrated Children’s Centre Category (identified for delivery within next four years)

   • Hendy St Children and Family Centre – resubmission of a previous application for a new facility. Identified in the 2015/16 budget, application request $500K.

   • Drysdale Family Services Hub – identified in City Plan 2015/16, 2016/17, 2017/18 for delivery of a new ICC to meet growth and demand. Application request $1.6m.

   • Central Lara Family Hub – identified in City Plan 2017/18 for delivery of a new ICC to meet growth and demand. Delivery of this project cannot be considered in isolation and would be referred to planning and budget processes. Application request $1.6m.

   • Purnell Road Family Services Hub – has not been identified in City Plan however has been identified within the Children’s Services Infrastructure Plan. Application request $1.6m would be referred to budget process.

   • Jetty Road Early Years- identified in City Plan 2015/16 and 2017/18. Application request $1.6m would be referred to budget process.

   Major Infrastructure Category - Facility Upgrade (identified for delivery next two years)

   The following sites have been identified for upgrades/ development as a result of changes to the National Regulations in regards to ratio changes and subsequent floor space requirements or within the Children’s Services Infrastructure Plan. Budgets have not yet been identified as these are in the planning stages. Should council be invited to apply a further report will be prepared with cost estimates per project.

• Rix St Kindergarten – requires expansion of the existing kindergarten room, along with the addition of a second kindergarten room, consult space and community meeting room. Application request $350k.

• Virginia Todd – redevelopment of existing facility for two room kindergarten for provision in the area. Application request $350k.

• Norlane West – expansion to existing rooms to cater for ratio changes, including toilet alterations, disability access requirements and facility upgrade. Application request $350k.

• Flinders Kindergarten – expansion to meet regulations and demand on services. Application request $350k.

2. report back to Council if detailed applications are invited for specific nominated projects;

3. refer projects approved by the State Government for funding to the 2016/17 capital budget process with development of associated business cases for consideration by Council.

Cr Richards left the meeting room at 7:14pm

Carried.

Background

Historically it has been difficult for Council to submit various applications for capital funding for early years infrastructure due to the timeframes of the applications, the funding guidelines and the prioritisation of projects.

Endorsement of the Municipal Children’s Services Infrastructure Plan however, has enabled Council to be strategically responsive to the grant program and identify short, medium and long term priorities.

Eligible applicants are invited to submit an Expression of Interest for Integrated Children’s Centres and New Early Learning Facility projects planned to commence in the next four years (2015-16 to 2018-19) and Early Learning Facility Upgrade projects planned to commence in the next two years (2015-16 to 2016-17).

The EOI process seeks information and data that pertains to the strategic rationale and value proposition of each project, along with confirmation of eligibility and indicative scope, cost and timing.

Application to the EOI program does not commit Council to deliver or fund projects nor does it guarantee funding from DET.

Should Council be invited to submit a detailed application on any project listed where a budget has not been approved, that project would be referred to the 2016/2017 or relevant year budget process for further consideration. A further report will be provided should Council be invited to submit a detailed application for any of the projects nominated.

A number of projects have been identified over the next four years and it is important that Council nominate these projects in the EOI process to demonstrate to the State Government the funding needs of early childhood services and infrastructure, now and into the future.

Discussion

This report refers specifically to the recommended project applications for possible funding by the Department of Education and Training, Children’s Facilities Capital Program 2015-2016.

In determining recommended projects the DET guidelines/ criteria, along with Council’s Municipal Children’s Services Infrastructure Plan and the likelihood of delivery has been considered.

Council is in a sound position to lobby and advocate for funding under this program.

Conversations have been held with DET and the relevant kindergarten cluster managers of the service to identify potential issues, opportunities and constraints.

State Government are looking for EOI applications to assist identify investment requirements into the near future.

Submission of applications for funding through this program supports council’s strategic planning work and commitment to early infrastructure into the future.

Environmental Implications

There are no foreseeable environmental implications associated with this report; consideration will be given during concept and design stages to ensure sustainable design outcomes.

Financial Implications

There are no immediate financial or budget implications for Council associated with adopting the recommendations of this report.

If EOI applications are approved by DET, Council will be required to submit detailed applications under the specified funding guidelines.

Again there is no guarantee funding will be approved through DET and any funding that maybe required from Council would be subsequently referred for consideration as part of the normal budget process.

A further report will be submitted identifying the projects and budget requirements before a detailed application is submitted to the Department of Education and Training.

Policy/Legal/Statutory Implications

There are no legislative or legal ramifications associated with adoption of this report.

Alignment to City Plan

The various projects nominated provide opportunities that support Council’s Community Wellbeing, Growing Our Economy and Sustainable Built and Natural Environment objectives.

Nominated projects also ensure Council’s early childhood infrastructure meet regulations and changing policy directions, are adaptive to community needs/ growth and demographic change, are flexible, sustainable and provide opportunities for economic and social participation. Key projects are already identified in City Plan 2013-2017 and the Municipal Children’s Services Infrastructure Plan 2013-2030.

Officer Direct or Indirect Interest

Pursuant to Section 80(c) of the Local Government Act 1989, no Council staff involved in the preparation of this report, have a direct or indirect interest in the matter to which this report relates.

Risk Assessment

There are no immediate risks associated with this report. Any potential risks that may arise form the projects listed in this report will be subject to measures to appropriately manage and mitigate risks to Council and/or other stakeholders.

Social Considerations

The recommended projects will encourage the development of innovative early year’s facilities. The expected population growth, demand, expectations and regulation changes necessitates the increased and improved provision of early childhood facilities.

Participation in early childhood services has long been recognised as an important contributor to community health and well being. Children are able to gain new experiences, develop social interactions and parents are able to connect with other families. Early childhood services provide parents with the opportunity to take up employment, study and also to participate in their local community.

The benefit of inclusion in early childhood education and care is well documented and includes improved well being, development of social skills, early intervention, increased community connectedness and enhanced employment and personal development opportunities. Consequently proposed applications for funding to support the development of early childhood facilities and services has significant social and economic benefits for the local community.

Human Rights Charter

The United Nations Convention on the Rights of the Child (CRC) requires governments to take all appropriate measures to “render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities”.

Human rights have been considered in the development of this report, particularly in relation to the ‘right to protection of families and children’ and the ‘right to take part in public life’.

Consultation and Communication

Consultation has taken place internally as part of the development of the Municipal Children’s Services Infrastructure Plan.

Communication has taken place with DET and relevant cluster managers; consultation with the community has not taken place and will be undertaken subject to further progression of any of the nominated projects referred to within this report.

3. Vietnam Veterans Avenue of Honour and Community Billboard, North Geelong

Purpose

The purpose of this report is to seek Council’s approval to prepare a planning scheme amendment to include a heritage overlay at the site of the Vietnam Veterans Avenue of Honour at North Geelong and to remove the City of Greater Geelong Community Billboard, currently located within the Avenue of Honour.

Summary

• The tree lined Avenue of Honour (the Avenue) located on Melbourne Road, North Geelong, is a dedicated memorial to the community of Vietnam veterans. It honours the 521 Australians who died in the Vietnam War and the 60,000 Australians who served between 1962 and 1973. The Avenue was established in 1995.

• Council, together with community groups and local industry, established the Community Billboard (Billboard) to create awareness of locally relevant social issues. The Billboard was established in its current location shortly before the declaration of the Avenue in 1995.

• The Vietnam Veterans Association of Australia, Geelong and District Sub Branch (Vietnam Veterans Association) has written to Council, outlining a proposal for the 50 year commemoration in August 2016 of the Battle of Long Tan.

• The Vietnam Veterans Association believes the location of the Billboard within the Avenue is at odds with the memorial nature of the Avenue and that it should be relocated to a more appropriate place.

• The Vietnam Veterans Association, in preparation for the commemoration of Long Tan, are requesting Council to:

• Recognise the Avenue and memorial wall, by preparing a planning scheme amendment to include a heritage overlay to the Greater Geelong Planning scheme.

• Remove the Community Billboard from its present site within the Avenue.

• By committing to action these requests by August 2015, Council will enable adequate time to progress the outcomes prior to the 2016 celebrations.

• Undertaking these actions provides a strong symbol of support to the Vietnam Veterans community.

Cr Macdonald moved, Cr Farrell seconded -

That Council:

1. acknowledges the contribution of the Australians who served in the Vietnam War and the significance of the Vietnam Veterans Avenue of Honour in Melbourne Road, North Geelong;

2. prepare and exhibit a planning scheme amendment to include a heritage overlay over the Avenue, including the granite/brick memorial wall and flag poles, located on the corner of Melbourne Road and Swinburne Street, (refer Appendix 1);

3. agrees to remove the Community Billboard to another site in Geelong that is outside the Avenue of Honour (new site yet to be determined).

Cr Richards re-entered the meeting room at 7:22pm

*Cr Nelson entered the meeting room at 7:27pm.

Carried.

Background

The tree-lined Vietnam Veterans Avenue of Honour (the Avenue) is located on both sides of Melbourne Road, in the area between Swinburne Street and Mackay Street, North Geelong (refer Appendix 1). The brick and granite memorial wall, three flag poles and a seat located on the north-east corner of Melbourne Road and Swinburne Street are associated with the Avenue.

The Avenue was dedicated on 1 October 1995 and at that time was only on the eastern side of Melbourne Road. However, the Avenue was extended in the late 1990s to include both the eastern and western sides of Melbourne Road, generally between Swinburne Street and Mackay Street. The Avenue comprises over 100 mature iron bark trees (a double and single row of trees on the eastern side and a double row of trees on the western side).

The Avenue is significant to the Vietnam Veterans Association as it is a dedicated memorial to the 521 Australian soldiers who died during the Vietnam War and the 60,000 troops who served between 1962 and 1973.

The Community Billboard (the Billboard), which is situated approximately 100 metres north of North Geelong Railway Station on the Melbourne bound (western) side of Geelong Road was erected in March 1995. Council, together with community groups and local industry, established the Billboard to create awareness of locally relevant social issues. The Billboard site was chosen to be on the major northern entry to Geelong city and pre-dated the construction of the Geelong Ring Road.

When the Avenue was extended to include both sides of Melbourne Road in the late 1990s, the Billboard became encompassed within the Avenue.

The Vietnam Veterans Association of Australia, Geelong and District Sub Branch (Vietnam Veterans Association) has written to Council, outlining a proposal for the 50 year commemoration in August 2016 of the Battle of Long Tan. The dedication of the Avenue, along with the memorial located at the corner of Melbourne Road and Swinburne Street, North Geelong form an important part of the commemoration.

Discussion

Avenue of Honour

The Vietnam Veterans Association of Australia, Geelong and District Sub Branch (Vietnam Veterans Association) is planning a 50 year commemoration of the Battle of Long Tan in August 2016.

To mark this significant anniversary, the Vietnam Veterans Association has requested Council to remove the Billboard as the structure now lies directly within, and detracts from the Avenue of Honour, which is regarded as a ‘sacred space’ by the Vietnam Veterans Association.

The Avenue is highly regarded by those members of the community who value the traditional form of an avenue of trees as public recognition of those who served in war in the interests of the Australian community. This is one of three Avenues of Honour in Victoria attributed to the Vietnam War. (North Geelong, Wodonga and Wangaratta).

Council has the opportunity to recognise the historic, aesthetic and social significance of the Avenue and memorial wall, at the regional level, by including a heritage overlay pursuant to the Greater Geelong Planning Scheme. This proposal is supported by the Vietnam Veterans Association. A map showing the extent of the Avenue and proposed heritage overlay map has been developed by Council officers and is provided as Appendix 1.

VicRoads, as manager of Melbourne Road, has been consulted and is supportive of the heritage overlay to be included over the identified Avenue of Honour.

It is also proposed to construct a 3.0–3.5 metre wide bicycle pathway between the Avenue of Honour trees located on the west side of Melbourne Road. The pathway would be raised above ground level so as to avoid damage to the tree roots. The construction of the pathway will allow pedestrian access to the Avenue and create the possibility of war-related interpretative panels to be installed. The City’s Engineering Department is currently seeking external funding for this project. This proposal is supported by the Vietnam Veterans Association.

The trees within the Avenue are identified on Council’s asset register and Council currently maintains the trees under a contract.

Community Billboard

The Billboard is a well utilised, affordable mechanism to share messages of social importance with the broader community. The request to move the Billboard has been seen as an opportunity to review the current usage and consider location factors which maximise the visibility of messages.

The message on the Billboard changes every fortnight. In 2014 there were 18 different signs displayed and in 2015 there will be between 15 to 20 different messages.

It is proposed to remove the Billboard by May 2016. This timeline will allow the 2015 booking holders to have their signs displayed.

If Council approves the recommendation to remove the Billboard it will be vital to select an appropriate new site for this well-used facility. Preliminary discussions have been held with VicRoads, who will assist Council in exploring various options. Further discussions will be required to identify an appropriate alternative site, seek the necessary approvals and erect the Billboard in a new location.

The dedication of the Avenue, along with the memorial located at the corner of Melbourne Road and Swinburne Street, North Geelong, will form an important part of the Battle of Long Tan commemoration at the same time ensuring an ongoing and accessible memorial to the Vietnam War and the Australians who served.

Environmental Implications

There are no environmental implications resulting from this report, beyond the continued maintenance of the stand of trees within the avenue.

Financial Implications

Council presently maintains the trees within the Avenue and meets the ongoing costs of the maintenance. The trees are identified in Council’s asset register. The proposed heritage overlay will not create additional costs related to the trees or the avenue area.

The cost to remove the Community Billboard structure will be approximately $10,000, excluding a contingency budget. This cost will be met from within Council’s existing 2015–2016 budget. Cost for relocation of the Billboard will be referred to the 2016/17 budget.

Policy/Legal/Statutory Implications

The Avenue of Honour is recognised in the State Veterans Unit and identified in the Victorian War Heritage Inventory. There are 294 Avenues of Honour in Victoria; three connected to the Vietnam War, including the Avenue in North Geelong.

A separate planning scheme amendment is required to include a heritage overlay for the site.

Alignment to City Plan

The recommendations in this report accord with Council’s City Plan, particularly in the areas of Community Wellbeing and Built and Natural Environment.

Officer Direct or Indirect Interest

There is no conflict of interest to be disclosed.

Risk Assessment

Any risks arising from the implementation of the recommendations in this report will be managed within the framework of Council’s adopted Policies, Procedures and Risk Management strategies.

Social Considerations

The Avenue is significant to the Vietnam veterans in the Geelong community as it is a dedicated memorial to the 521 Australian soldiers who died during the Vietnam War and the 60,000 troops who served between 1962 and 1973. The Avenue provides an accessible memorial for the broader community to recognise and remember the Vietnam War and the Australians who served.

The Billboard program is a well utilised and significant community asset that promotes community messages relevant to residents and visitors.

Human Rights Charter

The recommendations of this report recognise and respect the Vietnam veteran community and accord with the Human Rights Charter.

Consultation and Communication

Council’s Community Development Department has consulted and communicated with the Vietnam Veterans Association and VicRoads, and will continue to hold discussions with the stakeholder groups. Consultation with Council’s Planning Department has taken place.

The Community Development Department, along with Council’s Communication Department will be responsible for communicating the outcome of this report.

4. Community Grants Program 2014/2015 – Summary of Allocations – 1 September 2014 to 30 June 2015

Purpose

The purpose of this report is to present details of allocations of the Community Grants program for the period 1 September 2014 to 30 June 2015.

This forms part of the ongoing accountability framework for managing the Community Grants Program in accordance with the City of Greater Geelong Grants, Contributions, Donations and Sponsorship Policy.

Summary

• The Community Grants Program has an annual budget allocation of $240,000 that is available to expend on groups who apply and are eligible under this grant program.

• As part of the accountability framework for managing the Community Grants, details of allocations are reported to Council twice per financial year.

• This report provides a statement of the allocations made during the period of 1 September 2014 to 30 June 2015. (Appendix 1).

• The total amount funded under this program for this period was $167,621 distributed among 87 community organisations.

• This brings the total amount allocated for the 2014/2015 financial year to $240,000, distributed among 117 community organisations.

Cr Fisher moved, Cr Farrell seconded -

That Council:

1. notes the statement of allocations under the 2014/2015 Community Grants Program provided to community groups and organisations as detailed in Appendix 1 for the period 1 September 2014 to 30 June 2015;

2. commends and congratulates the community groups and organisations who have received funding under the Community Grants Program for their efforts and contribution to the Geelong community.

Carried.

Background

The Community Grants Program is available to not-for-profit community groups and organisations who can apply for funds to support activities that will benefit the Geelong community.

In order to receive funds, applicants must comply with the established guidelines which govern the grant program.

The amount of $72,379 was allocated among 30 organisations for the period 1 July to 31 August 2014. A statement detailing those allocations was presented and endorsed by Council at its meeting of 23 September 2014.

Discussion

A total of 87 community organisations were successful in obtaining a Community Grant for the period 1 September 2014 to 30 June 2015. This brings the total amount expended for the 2014/2015 financial year to $240,000 allocated among 117 community organisations.

The allocation of grants assists with meeting the objectives of Council by providing an opportunity to enhance the wellbeing of the community by building social capital and enabling community engagement through the provision of funds to assist with local activities.

Appendix 1 provides a list of groups, the type of projects and the amounts allocated during this period.

Environmental Implications

Some projects supported via this grant program undertake environmental activities.

Financial Implications

There are no financial implications. All funds have been expended in accordance with the Community Grants Guidelines and within the $240,000 budget allocation.

Policy/Legal/Statutory Implications

The provision of grants to the community supports local, community organisations and endorses the aims of City Plan and the G21 Regional Plan.

This report is presented in accordance with the City of Greater Geelong Grants, Contributions, Donations and Sponsorship Policy.

Alignment to City Plan

The Community Grants Program aims to fund projects that assist in achieving goals and outcomes consistent with City Plan‘s Community Wellbeing objectives.

The grant guidelines provide details about the three priority areas of the Community Wellbeing objectives. This is to ensure applicants are made aware of the aims of the program and to assist them in developing their proposals.

The provision of grants is offered to assist community organisations to provide opportunities that benefit the wider Geelong community.

Applications are encouraged for projects that demonstrate or promote social inclusiveness, healthy lifestyles, and healthy environments that provide broad benefits to the City of Greater Geelong community.

Officer Direct or Indirect Interest

The provision of grants is carried out in accordance with the Local Government Act 1989 Officer Direct or Indirect Interest.

The Community Grants Program has provision in the assessment process to record any conflict of interest relating to each grant application that is assessed.

Risk Assessment

The Community Grants Program is governed in accordance with Council’s monitoring, reporting and accountability framework.

Successful applicants are provided with an acquittal/evaluation form for their completion and return to Council as a record of the outcome of the grant funding they received. Annual audits are also conducted on a sample group of grant recipients.

Social Considerations

The provision of Community Grants provides an opportunity to support and strengthen communities to provide a broad range of activities for the benefit of the Geelong community.

Human Rights Charter

The Grants, Contributions, Donations, and Sponsorship Policy references the Charter of Human Rights and Responsibilities Act 2006.

The Charter states that human rights are essential in a democratic and inclusive society that respects the rule of law, human dignity, equality and freedom.

The provision of grants provides opportunities to assist in promoting social inclusiveness and projects that deliver broad community benefit.

Consultation and Communication

All groups are notified of the outcome of their grant application.

The list of allocations will be reported on the Geelong Australia Website.

The Community Development Department is responsible for communication of all matters relating to this report.

Appendix 1

Statement of Community Grants Allocations

1 September 2014 to 30 June 2015

5. Public Safety Infrastructure Fund

Purpose

The purpose of this report is to seek Council endorsement of recommended funding applications to the Public Safety Infrastructure Fund Round 4.

Summary

• The Victorian Government has announced the funding round 4 of the Public Safety Infrastructure Fund (PSIF). The aim of this infrastructure funding program is to undertake the development and improvement of public safety and security infrastructure.

• Grant applications can be up to a maximum of $250,000 and co contribution requirements apply on a $9:$1 basis. A range of other criteria also applies.

• One or more applications are able to be submitted and only Victorian Local Councils are eligible to apply.

• A number of Council projects have been assessed against the criteria.

• Projects must have all partner funding confirmed, and be able to commence within 12 months of signing the funding agreement and be completed by 30 April 2017.

Cr Farrell moved, Cr Macdonald seconded -

That Council endorse the application to the Public Safety Infrastructure Fund for projects across the municipality listed in Appendix 1.

Carried.

Background

The Public Safety Infrastructure Fund (PSIF) is a State Government programme to support Victorian councils to undertake the development and improvement of public safety and security infrastructure. The grants support local government to implement projects that seek to reduce opportunities for crime through changing the physical environments in which crimes can occur.

The objectives of the PSIF are to:

• Support councils to improve local public safety and security infrastructure in local communities

• Increase community safety and confidence in public places

• Encourage local communities to apply innovative crime and community safety solutions to local areas

• Build the knowledge base about good practice public safety infrastructure solutions, and capture and share lessons learned

• Promote the development and delivery of integrated crime prevention initiative as part of a strategic approach to local community safety

• Promote widespread engagement in community crime prevention initiatives across Victoria.

Applications to the PSIF are only open to Victorian councils.

Grant applications can be used for infrastructure costs only. The funding guidelines clearly articulate what is ineligible for funding. In addition, projects must be delivered by 30 April 2017.

Applications will be assessed against the following criteria:-

1. The extent to which the project responds to a clear crime prevention problem, demonstrates genuine need, demonstrates that the proposed solution is supported by council strategic planning in relation to crime prevention and community safety;

2. The extent to which the project provides a strong rationale for why the proposed solution is the most effective way of addressing the identified crime prevention issue and applies safer design principles; CCTV projects to complement other crime prevention initiatives;

3. The extent to which the project can be delivered within the indicated time-frame and demonstrates value for money; CCTV projects to indicate method of monitoring, recording, storing and reviewing of footage; and

4. The extent to which the project demonstrates that consultation has taken place with relevant stakeholders and that future community consultation and engagement will be undertaken about the potential impact of the proposed infrastructure; CCTV projects must include a letter of support from Victoria Police.

Discussion

A number of Council projects have been considered in the development of this report and the subsequent recommendation to Council.

A table detailing the projects, funding, deliverability and comments in relation to the criteria is attached (Appendix 1). Each application requires detailed information in regard to statistics relating to crime, other crime prevention works or activities such as place management and for CCTV projects, letters of support from Victoria Police.

In summary:

1. PROJECT – CCTV INSTALLATION PROGRAM

   Description: The installation of CCTV at various activity centres across the City.

   Alignment with assessment Criteria: The projects align well to all four (4) assessment criteria.

   Financial: The total project cost is $201,000. $180,900 is sought from the PSIF. $20,100 is sought from external sources and is yet to be committed by the various trader and business associations. Council has allocated in kind support to project manage the delivery of the program. Ongoing maintenance costs will be required to support the operation and function of the CCTV installations with an estimated average cost of $8,000 per site per annum. Timing of installation is proposed for 2016 therefore maintenance funds will be required in the current 2015/16 financial year with additional funds sought ongoing from 2016/17.

   Recommendation: To proceed to application

2. PROJECT – SKATE PARK RELOCATION

   Description: The demolition and removal of a skate park from Connections Park in Corio to Stead Park, Corio.

   
   

   Alignment with assessment Criteria: The project aligns well to all four (4) assessment criteria. The new ‘Skate’ Park will be located in a highly visible area promoting a safer environment. The elements of the park will include – lighting, seating, and skate/activity based infrastructure. Young people and broader local community will be engaged actively in the concept design stage and activation of the space.

   Financial: This is a $40,000 project. Council has committed $20,000 towards this project in the 2015/16 budget. Council has allocated in kind support to project manage the delivery of the program.

   Recommendation: To proceed to application

3. PROJECT – STREET LIGHTING UPGRADES, CENTRAL GEELONG

   Description: The installation street lighting upgrades and improvements across Central Geelong.

   Alignment with assessment Criteria: The project aligns well to all four (4) assessment criteria. The project compliments the Central Geelong Action Plan which aims to  create a smart, vibrant, thriving, liveable and successful 21st century city centre with a strong sense of identity and community; bring transformational change to Central Geelong, building on its strengths and maximising opportunities for investment; and encourage all stakeholders to take positive action. Compliments action under the Central Geelong Mall – A Safe space for everyone response.

   Financial: This is a $100,000 project. $50,900 from the Lt Malop Street laneways project will offset the PSIF contribution of $49,100. Ongoing maintenance costs will be required to support the operation and function of the street lights and will be incorporated into the City’s annual street lighting program.

   Recommendation: To proceed to application

Environmental Implications

There are no environmental considerations linked to this report. Should the funding application be successful and the nominated projects proceed, environmental factors will be considered during the design process.

Financial Implications

Operation and maintenance costs of CCTV infrastructure are an annual requirement. The City has no allocated funds to pay for the 10% contribution required for the CCTV projects as part of the Grant, and is seeking contributions from traders or other organisations in relation to each location.

Council has committed funds towards the skate park project and central Geelong lighting in the approved 2015/16 budget.

Should Council be successful in receiving the Grant for the CCTV projects, it be required to amend its 2015/16 budget to fund the increased maintenance cost for the operation and management of CCTV cameras. It is estimated that each site will cost on average $8000 per annum to operate and maintain. This cost will need to be considered in future budget bids.

Policy/Legal/Statutory Implications

There are no policy / legal / statutory implications associated with this report.

Should Council’s application be successful, it will be required to enter into a funding agreement with the State Government.

Alignment to City Plan

The various projects considered for funding are aligned with the objectives of City Plan.

Officer Direct or Indirect Interest

No Council officer involved in the development of this report have a direct or indirect interest in matters contained in this report.

Risk Assessment

This report considers projects that may be eligible for State Government funding.

There are no material risks associated with this report.

Social Considerations

Each of the projects highlighted in this report impact on the community by supporting community safety and each project is a worthy project.

Council’s resolution does not impact on the community in a negative way.

Human Rights Charter

Council adopting the recommended resolution will not impact on any basic rights, freedoms, or responsibilities as set out in the charter.

Consultation and Communication

Council officers will consult with the State Government regarding the Public Safety Infrastructure Fund, and in the development of our application.

Council will consult with the community and Victoria Police in the development and outcomes of the application.

Appendix 1

PUBLIC SAFETY INFRASTRUCTURE FUND - CRITERIA

Applications will be appraised against each of the following assessment criteria:

• Assessment Criterion 1: Why is the project needed;

• Assessment Criterion 2: What will the project achieve;

• Assessment Criterion 3: How will the project be delivered; and

• Assessment Criterion 4: Who is involved?

6. City of Greater Geelong Food Policy

Purpose

To set out a long-term vision for the City of Greater Geelong’s food system. This draft Food Policy (refer Appendix 1) provides a direction for Council to guide action that will strengthen the region’s food system, to ensure it is resilient into the future.

Summary

• The development of a food policy is a major action of the Geelong Public Health and Wellbeing Plan 2013-2017.

• The City of Greater Geelong’s food policy identifies five distinct themes that need to be addressed to foster a food system that is healthy, sustainable, prosperous and fair. Council will to work towards the following:

  Strengthen our regional food economy

  Businesses that grow and sell healthy and sustainable food produced in the region prosper, strengthening the economy and creating a diverse range of employment opportunities.

  Improve health and wellbeing

  Nutritious, safe and appropriate foods that meet the communities’ dietary requirements are widely available and accessible. Food growing is common throughout the community, increasing access to healthy food and building the resilience of the region’s food system.

  Foster a fair food system

  All Geelong residents have access to sufficient quantities of healthy, sustainable food. Food is produced and distributed in ways that support the on-going viability of farming in the region, and community members have a high level of food literacy, participating in activities that strengthen the region’s food system.

  Celebrate our diverse food culture

  The traditional foods of Geelong’s culturally diverse population are shared widely, bringing people together in celebrations of community and diversity.

  Build a secure and resilient food system

  Geelong’s food system is resilient in the face of challenges, such as climate change. The environmental impacts of food production and consumption in the region are also reduced, and the natural resource base that supports food production is protected for current and future generations.

Cr Fisher moved, Cr Harwood seconded -

That Council approve the (Draft) Food Policy for public exhibition and comment for a period of four weeks.

Cr Ansett left the meeting room at 7:54pm

Carried.

Background

In October 2012 Council resolved to develop a food policy as a major action of the Geelong Public Health and Wellbeing Plan 2013-2017. The development of the draft Food Policy is listed as Action 2.3 in Action Guide 2: Accessible and Nutritious Food.

In August 2014 Council was briefed on the process for developing the policy. This included the distribution of a discussion paper followed by broad and targeted consultation with the community from September 2014.

The purpose of the food policy is to:

• Foster a thriving, equitable, healthy and sustainable food system.

• Celebrate the diversity of local food production and the economic opportunities of further developing the sector.

• Improve the availability and accessibility of nutritious food in the region.

• Provide a framework for Council that guides action to improve the local food system.

Discussion

It is a legislative requirement of Council to adopt a Municipal Public Health and Wellbeing Plan. Within the plan, Action Guide 2 states that Council will ‘develop and implement a food policy for Geelong that addresses all facets of the food system, including the socioeconomic determinants of health and the impact of climate change’.

The intention of the policy is to set out a long-term vision for the City of Greater Geelong’s food system. The adopted policy will provide guidance for Officers to develop a strategy or action plan to support implementation of the Food Policy. An example of these actions is the attached Management Procedure (refer appendix 2) that prescribes the sale and procurement of healthy food by Council.

Cities around the world are beginning to develop broad food policies that link together relevant policy areas across councils (such as health, economic development and environmental sustainability) into one ‘integrated’ food policy. Broad food policies enable local governments to more effectively address emerging food system challenges and grasp opportunities to strengthen their local food economies.

Our health and wellbeing is closely linked to what we eat. In fact, unhealthy eating is the single biggest contributor to poor population health and is more significant than smoking, physical inactivity or alcohol consumption.

Food safety is essential to our health and important for public trust in the food system. We expect the food that we buy to be wholesome and safe to eat. The provisions of the Food Act 1984 require Councils to ensure the safety of food and minimise risk to the community.

There is an abundance of food in the City of Greater Geelong, and most people in the region have regular access to enough safe, nutritious and culturally appropriate food to meet their dietary needs. This is also called ‘food security’.

However, the global food system is under pressure from growing environmental challenges including the natural resources that food production depends on, climate change, and the way we produce, consume and dispose of food.

Food and farming are an important part of Geelong’s economy. Almost 2,000 people are employed in the agriculture, forestry and fishing sector in the region and around 1,500 in food manufacturing. Agriculture in the region delivers around $320 million in economic value.

Food plays a role in the way that we interact and express ourselves within families and communities. Communities and regions can develop their own distinct ‘food cultures’. Food cultures are influenced by many factors, including the marketing and availability of convenience foods and ‘fast foods’, as well as a broad range of social circumstances, including our cultural and linguistic backgrounds.

Environmental Implications

The food policy has no immediate impacts on the environment.

Financial Implications

The food policy has no immediate financial implications.

Policy/Legal/Statutory Implications

There are no legal or statutory implications for the approval of the Food Policy. Development of a Food Policy is a major action of Council’s Health and Wellbeing Plan.

Alignment to City Plan

The Draft Food Policy aligns across the four strategic directions of ‘Community Wellbeing’, ‘Growing the Economy’, ‘Sustainable Built and Natural Environment’.

Officer Direct or Indirect Interest

No officer involved in the preparation of this food policy and report has any direct or indirect interest other than their role as an officer of Council and member of the local community.

Risk Assessment

There are no notable risks associated with implementing the recommendations contained in this report.

Social Considerations

There are no notable social considerations associated with implementing the recommendations contained in this report.

Human Rights Charter

The recommendation in this report has no impact on human rights.

Consultation and Communication

The engagement process to develop the food policy involved online and face to face components. Over 100 community members attended one of seven community food workshops.

The online component occurred through the City of Greater Geelong’s website, Facebook and Twitter pages. The online component included a survey for those who wanted to comment on all or specific themes. 25 surveys were completed online.

The face to face component comprised of seven food workshops:

• Two public workshops covered the themes food and health, safety, environment and culture.

• Two stakeholder workshops covered the theme of food and the local economy - one with tourism stakeholders and the other with G21 Agribusiness stakeholders.

• Two stakeholder workshops covered the theme food security - one with the Geelong Food Relief Network and the second with the Food System Alliance.

• One stakeholder workshop with Diversitat covered the theme food and culture.

7. Elcho Channel and Drainage Upgrade - SRC 322 - Intention to Declare

Purpose

The purpose of this report is for Council to consider a revised Special Charge Scheme proposal for the upgrade of the Elcho channel, provision of a detention basin, underground drainage and associated works at the Geelong Ring Road Employment Precinct (GREP) industrial estate, Lara.

Summary

• The Elcho channel services a section of the GREP.

• The Elcho drain is located north of Heales Road commencing at Bacchus Marsh Road and discharges to a proposed detention basin system in McManus Road (See Plan Appendix 4).

• There are 23 properties in the proposed scheme including six (6) Council owned parcels. There are fifteen (15) property owners.

• Works include purchase of land for drainage reserves, widening of the open channel including provision of a concrete lining, culverts under McManus Road and provision of a detention basin.

• The cost of the scheme is estimated at $10,547,085. A government grant of $500,000 has been injected into the scheme and offsets the total project cost. These funds have been used to construct stage 1 of the Elcho Basin to facilitate initial development for the new estate in Production Way. The cost to Council as a property owner is $2,693,974.10. The cost to Council as a scheme contributor is $1,372,422.84 as detailed in the Benefit Ratio calculation and the cost to property owners is $5,980,688.

• The proposed scheme is declared for practical and public health reasons.

• The scheme has been prepared in accordance with the special rate and charge scheme provisions of the Local Government Act 1989, the 2004 Ministerial Guidelines on Special Charge Schemes and Council’s Special Rates and Charges Policy.

• This report seeks a resolution by Council to give notice of its ‘Intention to Declare’ a Special Charge Scheme for the Elcho Drain construction and associated works.

Cr Ellis moved, Cr Harwood seconded -

That Council:

1. Gives notice of its intention to declare a Special Charge Scheme in accordance with Section 163 and 163B (2)(a) of the Local Government Act 1989 (the Act) as follows:

1. The special charge is declared for a period of five (5) years commencing upon commencement of the works.

   The special charge be declared for the purpose of defraying expenses incurred by Council in relation to construction of an open channel between Bacchus Marsh Road and McManus Road, north of Heales Road, a detention basin in McManus Road opposite Minyip Road, underground drainage and associated works, Lara, is the project which:

1. will provide proper drainage and opportunity for subdivision and development of each of the properties included in the scheme;

2. Council considers is or will be a special benefit to those persons required to pay the special charge (and who are described in succeeding parts of this resolution); and

3. arises out of Council’s function of planning for and provided infrastructure for property owners.

2. The special charge be declared for the purposes of alleviating future public health problems likely to arise, pursuant to Section 163B (2) (a) of the Act.

3. Council considers that an area wide drainage scheme is the most effective and efficient storm water drainage capture, transmission, quality treatment and disposal solution, for the properties included in the scheme.

4. Council considers that the properties listed in Schedule ‘B’ are the beneficiaries of the works.

5. It be recorded that, for the purposes of section 163(2)(a) of the Act, the special charge proceeds will not exceed the amount calculated in accordance with the prescribed formula (R x C = S), the:

1. ‘benefit ratio’ (R) being calculated at 0.86 represents the special benefits to all persons liable to pay the special charge including Council;

2. ‘total cost’ (C) of performing the function described in Part 1(b) of this Resolution based on estimated cost be recorded as $10,047,085; and

3. ‘maximum levy’ (S) being the total amount of the special charge levied be recorded as $8,674,662.16.

6. The following be specified as the area for which the special charge is so declared:

1. The area within municipal district of Council highlighted in the plan attached (Appendix 4) to this Resolution (“the area”).

7. The following be specified as the land in relation to which the special charge so declared:

1. All land within the area shown on the plan.

8. The following be specified as the criteria which form the basis of the special charge so declared:

1. Ownership of any land described in Part 1(e) of this Resolution.

9. The following be specified as the manner in which the special charge so declared will be assessed and levied:

1. The cost allocated has been based on lot area; and

2. the special charge will be levied by sending notice to the person who is liable to pay, pursuant to section 163(4) of the Act.

10. Having regard to the preceding parts of this resolution but subject to Section 166 (1) of the Act, it be recorded that;

1. the owners of the land described in column 1 and 2 of Schedule B to the resolution are estimated liable for the respective amounts set out in column 4 of Schedule B; and

2. such owners may, subject to any further resolution of Council pay the special charge in the following manner:

1. The charge will become due and payable within one month of the issue of the notice requesting payment pursuant to section 167 (3) of the Act.

2. The notice requesting payment shall be issued within one month of the works commencing on site.

3. Interest shall commence to accrue one month after the issue of the notice requesting payment in accordance with j2a) above or as agreed with Council at the time of notice issue.

4. In accordance with Section 172 of the Act, the rate of interest which is payable on the special charge which has not been paid by the specified date is set at Council’s overdraft rate, reviewed every three months (provided that it shall not exceed the rate fixed by the Governor in Council by Order for the purposes of Section 172 (2A) in which case the rate of interest shall be the maximum rate fixed by the Governor in Council by Order for the purposes of this section).

2. Make consideration of any submissions made under section 223 of the Act and the proposed declaration via Council’s Submissions Review Panel, and then by Council at a subsequent meeting at which time Council will consider whether to make a declaration in the form proposed.

3. Authorise Council’s Chief Executive Officer to give public notice of the proposed declaration in accordance with sections 163 (1A) and (1B) of the Act and send a copy of the public notice to each person who is liable to pay the special charge in accordance with section 163 (1C) of the Act.

Cr Ansett re-entered the meeting room at 7:58pm

Cr Ansett left the meeting room at :.00pm

Carried.

Background

Council recommended proceeding to prepare a Special Charge Scheme in April 2011 for construction of the Elcho channel, provision of a detention basin, underground drainage and associated works. An ‘Intention to Declare’ report was drafted in 2012 however due to circumstances at the time; the report was not presented to Council.

The land shown on the attached plan (Appendix 4) requires an upgraded drainage system to enable the industrial lots to be fully and effectively developed.

A full review of the Special Charge Scheme has been carried out including a new Benefit Ratio calculation and assessment of special benefits including the community benefit. This report represents the first stage of the formal Special Charge Scheme process.

Discussion

Scope

The drainage proposal includes the following works:

• Upgrading the existing Elcho Channel which includes widening and provision of a concrete base;

• Provision of wider drainage reserves (land acquisition);

• Provision of a regional detention basin including wetland component with best practice water quality treatment;

• Provision of a culvert crossing at McManus Road;

• Provision of open sub channels feeding into the main Elcho Channel; and

• Provision of underground drainage.

Elcho Channel

The existing Elcho Channel runs between Bacchus Marsh Road, commencing at the south west boundary of 450-490 Bacchus Marsh Road and running East to McManus Road and then to the north towards Hovells Creek.

This section of drain passes through three properties; 450-490 Bacchus Marsh Road, 220 Heales Road (Council owned) and 137-207 McManus Road (LPG Plant). The channel is proposed to be constructed of grassed earth formation and be a larger version of the existing channel. In addition, the invert of the drain is proposed to be concrete lined to facilitate drainage low flows and channel maintenance.

Detention Basin

Council purchased land at 202-280 McManus Road bounded by McManus Road and Broderick Road which is zoned farmland. Known at the time as the Lynara land, it was purchased for the provision of a regional storm water detention basin.

The basin is designed to store water with relatively slow release (13 cubic metres per second) to the Elcho channel to the north, through the constructed Lakes Estate to Hovells Creek and eventually to Limeburners Lagoon. The Basin provides not only water storage and slow release catering for a 1 in 100 year storm event but a means of best practice water quality treatment. The basin may potentially become a community asset with the inclusion of pathways, boardwalks, landscaping and trees.

The first stage of the detention basin has been completed. Further excavation is currently underway as part of the soil capping needs for the Corio land fill site.

Underground drainage

Underground drainage in the form of main drainage is proposed within the vicinity of each lot. For future development or subdivision it will be necessary for the Sub divider/developer to connect to this drainage. One reserve drain and a connection to an existing easement drain are provided.

McManus Road

The Elcho Channel crosses McManus Road prior to entering the Council land on which the detention basin is located. A major culvert crossing is to be provided here.

Drainage Reserves

Drainage reserves exist over three properties for the proposed channel arrangement. Details regarding the properties including existing and required reserve widths are as follows:

Valuations have been carried out to determine compensation for the additional width of reserve and these are included within this report.

Need for the Elcho Channel upgrade

This project is a key element of the GREP industrial development which has been in the planning stages by Council for a number of years. The catchment which will ultimately use this drain consists of approximately 243ha of industrial land and is shown on the attached plan (Appendix 4). In recent times the interest in the land has escalated with numerous developments now underway or proposed.

Council also owns land within the catchment for which a considerable amount of work has been undertaken regarding planning and construction for subdivision. Development on a larger scale cannot take place without access to the Elcho Channel for disposal of storm water and appropriate treatment in the detention basin.

Design Standard

The Elcho Channel has been designed for a 1% Average Exceedance Probability (AEP) storm event (1 in 100 years). All land has been considered on a fully developed basis and land area has been used as the cost apportionment parameter. Underground drainage has been designed for a minimum 10% AEP (1 in 10 years) event with the exception of the proposed underground drain from the land at 175 – 275 Heales Road (South-East corner of Heales Road and Bacchus Marsh road) which will be a 1% AEP pipe due to no provision for conventional 100 year gap flows via a road reserve to the Elcho Channel.

Land at 175 – 275 Heales Road, Lara

This 40ha parcel of land is located South of Heales Road, East of Bacchus Marsh Road and West of McManus Road, Lara. The land is an industrial subdivision ready for construction. The storm water drainage strategy for this subdivision has been approved by Council and meets both 1% AEP retardation and treatment requirements. The strategy is an alternative 1% AEP system that involves the construction of two internal wetlands in connection with low flow pipes that ultimately discharge storm water to the Elcho Channel. Due to the pre approval of this subdivision, the land was not initially included in the Elcho Channel Drainage Special Charge Scheme.

It is Council’s preference to provide a main drainage strategy that is both uniform in design and provides for a single point of storm water retardation and water quality treatment, this being the main Elcho Channel wetland system at the northern end of the catchment. With this strategy in mind, the land owner was invited back into the scheme via a letter dated 15 July 2014. The land owner has accepted this offer in principal as a mutually beneficial proposal.

The inclusion of this land within the scheme negates the need for the two small additional wetland systems and provides 1% AEP storm water drainage conveyance and treatment to best practice standards. Other benefits to Council include:

• A single drainage strategy being maintained.

• Council will ultimately become responsible for the drainage system in its entirety and will maintain control for Legal Points of Discharge (LPOD) for new developments.

• Avoidance of the complexities involved with ownership, responsibility and maintenance of drainage assets from a private subdivision.

Special Benefit

This is fundamental to any Special Charge Scheme. Benefits to land owners are as follows:

• Provision of a proper drainage system which will facilitate development of the industrial land in various forms to its full potential. A proper drainage system is a recognised requirement for any development.

• Alleviation of property and asset damage due to flooding. Properties will not be flooded by discharge from adjoining properties under severe rainfall conditions, as may be the case at present.

• Removal of nuisance flooding.

• Removal of potential public health issues which may arise as a result of the passage or aggregation of storm water on lots including stagnation of water.

• Enhancement to the amenity of lots and the general area.

• Likely increase in property values, particularly as an impediment to development will be removed by the installation of a proper drainage system.

Community Benefit

Special Charge Scheme provisions require consideration of the community benefit. This is the benefit to the wider community outside the scheme boundaries. Council makes contribution towards the community benefit via its consideration in the Benefit Ratio calculation. The proposed Elcho channel upgrade will provide better flood protection for up to 16 rural residential properties in the north of the catchment in the Minyip and Gibbons Road area during large storm events. This is considered to be the community benefit and is further explained at Appendix 3 (Benefit Ratio Calculation).

Public Health Provisions

It is considered that the existing minimal drainage in the industrial estate can give rise to public health issues when the area is fully developed. There are some examples in the municipality; particularly in older, fully built up areas, where there is insufficient drainage. These areas flood periodically and give rise to issues such as:

• Passing of storm water, quite often in a polluted state, through and around premises.

• Contamination of polluted water in premises for periods of time.

• Deposition of silt within premises.

• Flushing of waste which would normally go to sewer, through the premises.

• Persistent, medium term dampness.

• Some cases of forced evacuation due to premises being in an unoccupiable state.

• Damage and financial loss.

Section 163 B(2)(a) of the Local Government Act 1989 permits Council to declare a rate or charge scheme for reasons of public health. This is in addition to other more practical reasons as to why Council would propose a drainage scheme.

As an example, the Central Road drainage scheme in Clifton Springs was reviewed by the Victorian Civil and Administrative Tribunal (VCAT). The Tribunal confirmed Council’s approach regarding the declaration of a drainage scheme for the purposes of public health preservation. Although the GREP land is zoned industrial, it is considered that the drainage scheme will deliver similar benefits to all current and future employees at the GREP in regards to public health. It is further considered that the Central Road example sets a precedent on the matter.

Cost Apportionment

The cost apportionment is based simply on affective land area of each property as determined in drainage computations.

All properties within the scheme boundary with the exception of the Council owned property at 202-280 McManus Road on which the detention basin is located is zoned Industrial 2. The Council owned land at 202 - 280 McManus Road is zoned farmland with an Environmental Significance Overlay 4. A triangular section of this property drains to the basin and is 29 ha in area.

The residential properties in the Minyip and Gibbons Road area are outside the scheme boundary but are considered to receive a benefit from the proposed drainage works. These properties are zoned rural residential and represent 48.76 Ha of flood prone land.

An affective area method is used to determine apportionable areas. The co-efficient of runoff (Cr) for industrial land is conservatively considered as 1.0 for a 1% AEP storm event, rural residential is 0.5 and farm land is 0.4. Therefore the equivalent area used in the apportionment of cost calculations for the three zones is the actual zone area multiplied by its corresponding Cr value.

The apportionment of charges is further explained in the Benefit Ratio calculation and is shown at Appendix 3.

Rural area to west of Bacchus Marsh Road

There is a significant catchment west of Bacchus Marsh Road which consists of a northern segment of 417 ha and southern segment of 275 ha. It is estimated that the majority of the storm water from the northern catchment (85%) is directed north under Bacchus Marsh Road and eventually to the Elcho Golf Course.

A conservative estimate is that storm water from the remaining 15% of this area may run south. Therefore a total of 210 ha of storm water from farmland zone and 128 ha of storm water from rural residential land are directed to the Elcho channel. As the culverts under Bacchus Marsh Road are nominal size only, a severe storm event will see storm water build up behind the raised Bacchus Marsh Road pavement (like a dam) before overtopping and crossing to the east.

The rural and farmland zone area to the West of Bacchus Marsh Road has not been included in the apportionment of any cost associated with the upgrade.

This consideration is based on the fact that the existing Elcho channel accommodates the storm water runoff from this area and has an estimated capacity to accommodate a 20% (1 in 5 years) storm event. Therefore it is sufficient for the current arrangement and upgrading of the Elcho Drain is not taking place to cater for this area. The runoff from this rural area travels down the Elcho channel to the proposed detention basin. The basin is a proposed construction and was not provided in any form prior. This is however incidental and cannot be avoided.

If at any stage in the future, the rural area to the West of Bacchus Marsh Road is subject to further development, the development would be subject to independent storm water treatment and detention as a condition on planning permit.

The basin would not be provided for the rural area. A significant proportion of the cost and area of the detention basin is the stilling and filtration system which is primarily to treat storm water runoff from the industrial area.

Purchase of land for drainage reservations.

Should Council proceed to advertise the scheme and declare the charges, it will be necessary to formalise the land purchase/acquisition process. The declaration report will therefore contain a recommendation to:

• Authorise the CEO to enter into contracts of sale and/or sign any documents relevant to acquisition.

• Sign and seal the Transfers of Land.

Works completed in advance of the scheme

Out of necessity to develop the land, Council has taken upon itself to construct some of the main drainage mechanisms of the scheme in advance of the scheme. These works include main drainage pipes under Broderick Road that were required to be constructed prior to the construction of Broderick Road as part of a subdivision development.

Council reserves the right to include these components within the Special Charge Scheme as it has long been identified as critical components of the scheme that provides a special benefit to properties within the scheme. Without these components, the scheme could not be complete.

Land at 90-100 Broderick Road, Lara

There is a new land owner of a 5Ha parcel of land at the corner of Production Way and Broderick Road, Lara with the new address of 90-100 Production Way. This land was formerly in Council ownership. The apportionment of charges within the scheme has now been amended to include the new owner as a beneficiary to the scheme.

Timing of the works

The timing for this scheme would be to complete the formal scheme administration by December 2015 and commence construction in the 2016/2017 financial year. This timing includes an allowance for any owners to make an appeal application to VCAT.

Principles for Development of the Special Charge Scheme

Council officers have developed this latest scheme in accordance with Section 163 of the Local Government Act 1989 and 2004 Ministerial Guidelines. A full analysis of the Benefit Ratio has been carried out including determination of the community benefit.

In addition to this, Council officers have been in consultation with Melbourne Water and have obtained a copy of the ‘Principles for Provision of Waterway and Drainage Services for Urban Growth’.

The GREP drainage scheme has been reviewed and is considered to be in accordance with the principles of this publication which has been endorsed through joint agreement with the Municipal Association of Victoria (MAV), Association of Land Development Engineers (ALDE), Urban Development Institute of Australia (UDIA), Housing Industry Association (HIA) and the Growth Area Authority (GAA). It is claimed that the Melbourne Water ‘Principles’ have been tested at VCAT.

Additional Funding

Council is seeking additional funding for the drainage works, particularly in relation to the detention basin on Council land. Council has received funding of $500,000 from the former Department of Planning and Community Development under the Local Government Infrastructure Program and this funding has been applied to part construction of the detention basin. The works directly offset the special charges to property owners and was completed in 2013.

Environmental Implications

Nil at this stage. Should the scheme proceed to construction, there are environmental benefits in term of water quality treatment and habitat that will be considered in future reports.

Financial Implications

Should Council resolve to proceed it is anticipated the project would be ready for construction by July 2016.

Partial funding is being considered in the 2016/2017 Financial Year with the remainder of funds being delivered in the 2017/18 Financial Year.

A summary of the estimated cost of the scheme is as follows:

The total estimated scheme cost is $10Mil and encompasses land which the Council currently owns and will not have to acquire. Council will however be compensated by scheme contributors for the land purchased and used for the purposes of delivering the drainage infrastructure.

The cost of land purchased at 202 – 280 McManus Road for the basin development component ($790,000) and the land value for easement purposes at 220 Heales Road ($360,000) does not have to be budgeted for as these parcels are Council owned land. This equates to $1,150,000 ($790,000 + $360,000).

A further consideration for budgeting purposes is the recent construction of the northern section of Broderick Road as part of a Council subdivision development at 162 McManus Road. Underground drainage associated with the scheme was constructed in advance of the scheme as part of the construction of the road and equates to an actual cost of $564,118. This cost will also be recovered via the Special Charge Scheme process.

Council must therefore budget $8,332,967 to allow for construction of the drainage infrastructure and remaining land acquisition costs associated with the Special Charge Scheme. $5,980,688 in estimated charges will be recovered from remaining affected property owners within a 5 year period via the Special Charge Scheme process.

The following table summarises the budgeting implications for Council:

Council’s estimated contribution as a land owner to the scheme is $2,693,974 as shown in Column 4 in Schedule ‘B’. Council’s estimated scheme contribution as a result of the Community Benefit consideration and in accordance with the Benefit Ratio calculation is a further $1,372,423 bringing the total estimated net Council Contribution to $4,066,397. A summary of Council and property owners costs are summarised in the table below:

Policy/Legal/Statutory Implications

The scheme has been prepared in accordance with the provisions of Local Government Act 1989, 2004 Ministerial Guidelines and Council’s Special Rates and Charges policy.

In developing the scheme, special consideration was given to the methodology provide by Melbourne Water within the ‘Principles for Provision of Waterway and Drainage Services for Urban Growth’.

Alignment to City Plan

This report aligns with the City Plan as follows:

Community Wellbeing:

• Healthy Lifestyles – Investing in prevention and improved health across all communities in Greater Geelong.

• Healthy Environments – Safe, hazard and nuisance free environments.

Growing our Economy:

• Support existing businesses and encourage new and emerging growth sectors – Promote Geelong as a great place for business and investment, nationally and internationally.

• Facilitating major infrastructure and investment to enable economic growth – Advocating on local, state and federal government infrastructure priorities and funding submissions.

Sustainably Built and Natural Environment:

• Advocate for and promote sustainable design and development – Promoting sustainable design and retrofitting.

• Minimise our environmental footprint - Continue to seek methods of reducing energy, water and waste consumption.

How we do business:

• Informed and Engaged Community – Being open and transparent.

Officer Direct or Indirect Interest

There are no direct or indirect interests to be disclosed by Council staff members before this report is considered by Council.

Risk Assessment

The scheme has been prepared giving careful considerations to precedent in VCAT, other Councils and Melbourne Water.

The scheme has been peer reviewed from both a legal and technical perspective.

Constructing infrastructure in advance of the scheme is considered to be a financial risk in that the scheme may not proceed as recommended.

Social Considerations

There are no social considerations involved in Council adopting this recommendation. Should the scheme proceed to construction, the positive social impacts on the community will be considered in future reports.

Human Rights Charter

In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues.  In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report.  It is considered that the subject matter does not raise any human rights issues.

Consultation and Communication

Officers from Councils Engineering Services Department have undertaken extensive consultation with all affected property owners via personal meetings.

Information brochures have been sent to all affected property owners to inform them of the proposal and cost allocations prior to the Council meeting. This included information on the revised plan, Benefit Ratio calculation, apportionment of costs and process from here.

Letters will be sent to all affected property owners as part of the formal consultation process should Council resolve to makes its intention to declare the charges.

Appendix 1

SCHEDULE ‘A’

The works are to upgrade the Elcho channel, provide provision of a detention basin, underground drainage and associated works at the Geelong Ring Road Employment Precinct (GREP) industrial estate, Lara. Includes miscellaneous construction works, legal advice and professional services associated with survey, engineering design, drafting, supervision and administration of the project all as included in the cost estimate shown below.

COST ESTIMATE FOR UPGRADE OF THE ELCHO CHANNEL, DETENTION BASIN, UNDERGROUND DRAINAGE, GREP INDUSTRIAL ESTATE, LARA

ELCHO DRAIN UPGRADE

ELCHO DRAIN UPGRADE UNDERGROUND DRAINAGE COMPONENT

Appendix 2

SCHEDULE ‘B’

PROPOSED SPECIAL CHARGE SCHEME FOR ELCHO CHANNEL CONSTRUCTION AND UNDERGROUND DRAINAGE SYSTEM

Appendix 3

BENEFIT RATIO CALCULATION

Appendix 4

PLAN

Attachment 1

PROCESS CHART

SPECIAL CHARGE PROJECTS – (Section 163 – Local Government Act 1989)

ELCHO CHANNEL UPGRADE - INTENTION TO DECLARE SPECIAL CHARGE

8. 2016/2017 Sport and Recreation Victoria Funding Program Submissions

Purpose

The purpose of this report is to seek Council’s endorsement for the development of an application to the State Government’s Community Sports Infrastructure Fund under the Major Facilities Category to construct a synthetic soccer pitch at Council’s Leisuretime Centre.

Summary

• Sport and Recreation Victoria’s (SRV) funding programs provide an important opportunity for Council to secure funding for sport and recreation projects in the municipality.

• SRV recently opened their Community Sports Infrastructure Fund (CSIF) for submissions. This report relates to the Better Pools, Major Facilities and Small Aquatic Projects categories.

• This report outlines the project recommended for submission to the Community Sports Infrastructure Fund within the Better Pools, Major Facilities and Small Aquatic Projects categories.

• The project proposal is due to SRV on 24 August, 2015. Only one project may be submitted by Council to SRV under the Better Pools, Major Facilities and Small Aquatic Projects categories.

Cr Harwood moved, Cr Heagney seconded -

That:

1. Council endorse the Leisuretime Centre Synthetic Soccer Pitch as the project to be submitted to Sport and Recreation Victoria’s Community Sport Infrastructure Fund under the Major Facilities category;

2. pending the outcome of the application, this project will be referred to the 2016/17 budget for consideration.

Cr Ansett re-entered the meeting room at 8:03pm

Carried.

Division Requested:

For: Crs Ansett, Harwood, E Kontelj, Ellis, Lyons, Heagney, Fisher, Farrell, Macdonald, Richards

Against: Cr Nelson

Background

Each year, the State Government make funds available for sport & recreation projects through a number of Sport and Recreation Victoria (SRV) grant programs.

Generally, these funding programs encourage:

• Better planning of sport and recreation facilities;

• Innovative sport and recreation facilities;

• Accessible, inclusive, high-quality & suitable sport and recreation facilities;

• Increasing communities’ access to leisure opportunities; and

• Strengthening communities through sport and recreation participation.

This report refers specifically to the recommended application for possible funding by SRV under the Community Sports Infrastructure Fund – Major Facilities, Better Pools and Small Aquatics Projects Categories. The three categories within this fund that are of relevance to this report are:

** Funding ratio is specific for regional cities. Above categories are not open for public application

Funding from SRV will be made available in the 2016/17 financial year should the funding submission be successful. Any project that has commenced prior to the announcement of funding will not be eligible and cannot be considered for submission to SRV.

Discussion

Council officers have utilised the SRV funding guidelines to assist them when developing the recommended projects. At present, a competitive project that is ready to proceed, fits the criteria and can be developed within the prescribed timeframes under the Better Pools and Small Aquatics Projects categories cannot be identified.

It is therefore recommended, that a project under the Major Facilities category be chosen for submission. The application for the recommended project will follow a two step process. The project proposal form is due to SRV on 24 August 2015. Should the proposal stage be successful, SRV will request a full application to be completed and submitted by 29 October 2015.

Community Sports Infrastructure Fund – Major Facilities

The Major Facilities category provides funding opportunities for projects with significant regional and/or multi-use benefit, as well as providing participation outcomes across wide geographic and demographic populations.

The assessment criteria for this category are as follows:

In evaluating projects, consideration was given to projects that provide the greatest benefit to the community and meet the assessment criteria for the funding program. Furthermore, alignment to master plans and strategic documents were also considered, along with the availability of local funding sources.

The following projects were considered during the project evaluation:

After carefully considering these projects, the project that is proposed to be submitted to SRV for funding consideration is outlined below:

Project: Leisuretime Centre Synthetic Pitch development

Project Description: The northern suburbs of Geelong have experienced some growth with a continued demand for soccer at a local level. This growth places pressure on Council to provide quality sporting venues to increase training and competition capacity. The G21 Regional Football (Soccer) Strategy identifies that to serve the network of northern Geelong clubs, that a synthetic pitch at the Leisuretime Centre be considered.

The scope of the proposed project is to construct a floodlit synthetic soccer pitch at Council’s Leisuretime Centre. The pitch will not be allocated to a local club, allowing for greater competition and training opportunities along with longer training hours. The proposal will assist in meeting club training and community use requirements. It will also serve as a multi purpose facility for use by sports other than soccer.

Total project cost: $1,800,000

Funding sources: $600,000

Council contribution required: $1,200,000

Environmental Implications

There are no foreseeable environmental implications associated with this report however should the application be successful, Council will develop project designs that include environmentally sustainable design initiatives

Financial Implications

There are no immediate financial implications associated with adopting the recommendations of this report.

If the funding submission to SRV is successful, Council shall have to make a commitment to the project for the 2016/17 financial year which would be determined via the budgetary process.

Council’s long term financial plan does not currently include a forecasted budget line for the Leisuretime Centre Synthetic Soccer Pitch project. In order to fund the development Council will amend its future capital works program placing other projects on hold or cancelling them.

Policy/Legal/Statutory Implications

There are no legislative or legal ramifications associated with the adoption of this report.

Alignment to City Plan

The recommended project will align to the City Plan’s priority of Community Wellbeing, encouraging healthy lifestyles and connected communities through active recreation and participation in sport.

Officer Direct or Indirect Interest

There are no officer conflicts of interest relating to the project being proposed for submission or this report.

Risk Assessment

There are no immediate risks associated with this report. A component of the project will entail relevant risk management and OH&S.

Social Considerations

The expected population growth within the municipality necessitates the increased and improved provision of community sport facilities that provide a social outlet for the local community.

Participation in sport and recreational activities has long been recognised as an important contributor to community health and well being. Benefits of physical activity are well documented and include improved health, development of social skills, increased community connectedness and enhanced self-esteem.

The SEIFA index indicates that Norlane, Corio, Bell Park & Bell Post Hill have a low to relatively low rating. These northern suburbs will benefit from increased access to sporting facilities such as the Leisuretime Synthetic Soccer Pitch

Human Rights Charter

This report has no impact on human rights.

Consultation and Communication

Due to tight timeframes in submitting the project proposal form (due 24 August) the expression of interest process has not been released to the community for these categories. Council’s Sport & Recreation department have consulted existing strategic plans to guide the recommendation for this project.

9. Iconic Floating Christmas Tree – Ongoing Services Contract

Purpose

The purpose of this report is to inform Council of the progress of the ‘Ongoing Services’ contract for the installation, dismantling and storage of the ‘Iconic Floating Christmas Tree’.

A separate report will be provided pursuant to subsection 77(2)(c) of the Local Government Act 1989 (Act) containing confidential information.

Summary

• As part of project C15830 Council procured the construction of the Iconic Floating Christmas Tree (Tree) under a design and construct contract, and a separate contract for ongoing services (the annual installation, dismantling and storage of the Tree) until January 2019 (Ongoing Services Contract).

• The subject of this report is the Ongoing Services Contract.

• Creative Production Services (CPS) was the successful contractor for the design and construct contract, and the Ongoing Services Contract for the Tree. CPS fulfilled the design and construct contract obligations when the Tree was dismantled and placed in storage in January 2015, although the Tree is still in the 'defects liability period' under that contract until 17 November 2015.

• CPS has advised Council that the actual, annual cost of re-installing and dismantling the Tree as required by the Ongoing Services Contract until 2019 is in excess of the amount to which it is entitled under the contract. It has advised Council that it is unable and unwilling to provide the ongoing services under that contract at the contracted price.

Cr E Kontelj moved, Cr Ansett seconded -

That Council:

1. notes CPS' conduct and its stated inability to continue to provide the services under theOngoing Services Contract;

2. acknowledges that, if CPS does not complete the services, expenditure for the ongoing installation, dismantling and storage of the Tree for the remainder of CPS' term is likely to be greater than presently budgeted;

3. acknowledges that arrangements for the procurement of ongoing services for the installation of the Tree needs to confirmed shortly, so as to ensure that installation is ready for Christmas 2015;

4. resolves that the meeting be closed to members of the public to consider this matter further, pursuant to sections 89(2)(d), (f) and (h) of the Local Government Act 1989’, so as to consider whether or not to terminate the Ongoing Services Contract and the legal and commercial issues relevant to that decision.

Carried.

Background

At its meeting of 8 April 2014, Council authorised the procurement of an Iconic Floating Christmas Tree (Tree) with a budget of $500,000.

At its meeting on 24 June 2014, Council acknowledged that in addition to the initial project allocation of $500,000, the contract to award the Tree may also need to include provision for ongoing maintenance, installation, flotation, storage and programming costs for years 2, 3, 4 & 5. Council resolved that the annual contract could be between 3 and 5 years of duration and cost up to $90,000 per year.

Following the conclusion of the tender process a meeting was held with the Project Control Group (PCG) regarding the tendered price as it was in excess of the approved $90,000 budget. After further tender negotiations, the tendered price for the ongoing services was revised to an annual fee of $135,000.

On 8 July 2014, Council resolved to accept a tender submission from Creative Production Services Pty Ltd (CPS) for Tender No T140052 – Design and Construction of an Iconic Floating Christmas Tree for the lump sum amount of $450,000 and an annual installation, maintenance and storage contract of $135,000 (per year for a four year period) exclusive of GST. This annual contract is referred to in this report as the Ongoing Services Contract.

CPS fulfilled the design and construct obligations when the Tree was dismantled and placed in storage in January 2015. There is a 'defects liability period' still running under that contract, which will conclude in November 2015.

The 2014 installation of the Iconic Floating Christmas Tree saw over 30,000 people attend the lighting ceremony and over 150,000 people visit the Tree during the Christmas period. In addition, the Tree and Central Geelong Christmas activities attracted over 250,000 people into the City.

Discussion

During the post project review process CPS advised Council that its actual costs associated with the construction and installation of the Tree for the 2014 Christmas program were in excess of the fee it agreed to under the Ongoing Services Contract.

Further, CPS advised that it was unable to deliver the ongoing services at the contracted price. CPS identified the complexity and uniqueness of the project, unknown and unforeseen factors, the short timeframe to deliver the project and the tender negotiations which led to a lower annual fee than what CPS had originally tendered, as key factors affecting its ability to perform the Ongoing Services Contract for the agreed amount.

A number of discussions occurred with CPS regarding the Ongoing Services Contract.

However, CPS requested that it be released from its obligations under the Ongoing Services Contract. CPS informed Council on 10 June 2015 that it is "no longer in a position to manage and provide the services required to install and remove the tree". CPS advised that if it is released from the contract it is prepared to do all that it can to ensure the ongoing success of the Tree by providing advice and support where needed.

Unless CPS gives effect to the Ongoing Services Contract at the contracted price:

1. Council will need to obtain the ongoing services from an alternative provider to install the Tree between 2015 and 2018 if it wants to continue with the project;

2. It is recommended that Council directly manage the 2015 Tree installation. Council would then tender the ongoing installation for the 2016, 2017 and 2018 years;

3. Council should be aware that the cost to install the Tree in 2015 and costs to dismantle / store / install the Tree for the remaining 3 years of the Tree program are likely to exceed the $135,000 currently budgeted.

Consideration is being given to alternate ways of delivering the Tree, in particular land based options. To establish indicative costing for a land based option, further work is being undertaken to identify a suitable location.

The Tree is significant in size, 25 metres high, weighs approximately 10 tons and is 10 metres wide at its base. Structural engineering advice is needed to ensure appropriately designed stable and secure footings and to ensure stability against storms and strong winds. In addition, alternative transport options need to be explored and other matters such as security, electricity and public safety need to be considered and costed. There is not expected to be any savings in the first year, if the Tree is placed on land.

While these can continue to be explored, it is imperative that decisions be made as to:

1. How to respond to CPS' statement that it is not in a position to perform the Ongoing Services Contract;

2. Identifying additional funding for the Tree installation;

to ensure the Tree is delivered as the centrepiece of the Christmas in Geelong Program for 2015. These issues are discussed in the separate 'Closed' report provided to Council which contains confidential information.

Environmental Implications

Low energy use LED lights will continue to be used as part of the Tree to reduce energy consumption and environmental impact.

Financial Implications

There is currently $135,000 budgeted each year for the annual installation, dismantling and storage of the Tree.

Policy/Legal/Statutory Implications

Council entered into the contract for the Tree with a strong risk management focus and secured its interests through a robust contractual arrangement.

Alignment to City Plan

The Christmas in Geelong program and project delivery models covered in this report align with the Community Wellbeing, Growing Our Economy, and How We Do Business strategic directions of City Plan.

Officer Direct or Indirect Interest

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

Risk Assessment

The most significant risks for the project are project timing and Council’s reputation. Timely decision making and resolution of project uncertainly will ensure delivery of the Tree for Christmas 2015.

Social Considerations

The 2014 installation of the Tree saw over 30,000 people attend the lighting ceremony and over 150,000 people visit the Tree during the Christmas period.

In addition, the Tree and Central Geelong Christmas activities attracted over 250,000 people into the City.

Human Rights Charter

There are not anticipated to be any Human Rights impacts associated with the acceptance of this tender.

Consultation and Communication

The Tree forms the centrepiece of the Christmas in Geelong program and was a major attraction on the Waterfront during the 2014 Christmas period.

Council’s decision in relation to this matter will be communicated to the Community through Council’s usual channels.

10. Iconic Floating Christmas Tree - Ongoing Services Contract

Portfolio: Finance - Cr Lyons (Mayor), Cr E Kontelj & Cr Farrell Source: Projects, Recreation & Central Geelong / Capital Projects Acting General Manager: Jenny McMahon Index Reference Project: C15830 Iconic Floating Christmas Tree Cr Macdonald moved, Cr Harwood seconded - That in accordance with Section 89 (2) (d) of the Local Government Act 1989, this matter, which the Council considers would prejudice the Council or any person, be considered at the conclusion of all other business at which time the meeting be closed to members of the public. Carried. [Back to Top] 11. Armstrong Creek East Neighbourhood Activity Centre Drainage Easement Acquisition Portfolio: Planning - Cr Heagney Source: Planning & Tourism - Urban Growth Area Planning General Manager: Peter Bettess Index Reference Armstrong Creek East Precinct Cr Macdonald moved, Cr Harwood seconded - That in accordance with Section 89 (2) (d) of the Local Government Act 1989, this contractual matter be considered at the conclusion of all other business at which time the meeting be closed to members of the public. Carried. [Back to Top] 12. Sale of 120 & 130 Heales Road, Lara and Part 162-200 McManus Road, Lara to TG Australasia Pty Ltd – New Contract of Sale (Confidential) Portfolio: Finance - Cr Lyons (Mayor), Cr Farrell & Cr E Kontelj Source: Strategy & Performance General Manager: Dean Frost Index Reference: GREP Land Sales Cr Macdonald moved, Cr Harwood seconded - That in accordance with Section 89 (2) (d) of the Local Government Act 1989, this contractual matter be considered at the conclusion of all other business at which time the meeting be closed to members of the public. Carried. [Back to Top] Contents | Previous Page: Section A - Procedural Matters | Next Page: Section C - Assembly of Assembly of Councillors Copyright CoGG 2012 Contacts Disclaimer Privacy Last Update: 18 August 2015