Council Minutes - Section B: Reports - 15 March 2016

Contents | Previous Page: Section A - Procedural Matters | Next Page: Section C - Notices of Motion

Reports tabled at the Ordinary Meeting of Council on Tuesday date held at the Geelong Arena, 110 Victoria Street, North Geelong.


  1. Amendment C262 – Public Acquisition Overlay to 28 Malop Street, Geelong – Consideration of Submissions

  2. Community Grants Program 2015/2016 – Summary of Allocations – 1 July 2015 to 31 December 2015

  3. Bushfire Protection Exemption – Request for Ministerial Review

  4. Additional Bin Service

  5. City Plan 2013-2017 Progress Report to 31 December 2015

  6. Financial Management Report – December 2015

  7. Christmas in Geelong Program 2015

  8. Caretaker Policy Council Elections and General Signage (Including Electoral Advertising Signs) Policy

  9. Councillor Portfolios 2016

  10. Committee Representation 2016

  11. Boundary Realignment – Fyansford and Herne Hill

  12. Pioneer Road, Grovedale – Proposed Footpath Construction SRC344 – Intention to Declare

  13. Roslyn Road, Highton – Proposed Footpath Construction – SRC346 – Intention to Declare


Cr Heagney declared an Indirect Interest in Agenda Item 1 – Amendment C262 – Public Acquisition Overlay to 28 Malop Street, Geelong – Consideration of Submissions in that she received a campaign donation from a person who lives/owns property abutting the laneway and left the meeting room at 7:50pm, prior to discussion of the item.

Cr Lyons declared an Indirect Interest in Agenda Item 1 – Amendment C262 – Public Acquisition Overlay to 28 Malop Street, Geelong – Consideration of Submissions in that he owns property near the overlay and left the meeting room at 7:50pm, prior to discussion of the item.

Cr Harwood (Deputy Mayor) assumed the Chair at 7:50pm.


1. Amendment C262 – Public Acquisition Overlay to 28 Malop Street, Geelong – Consideration of Submissions

Portfolio:

Planning - Cr Heagney

Source:

Planning and Development - Strategic Implementation

General Manager:

Peter Bettess

Index Reference:

Application: Planning Scheme Amendment C262


Purpose

This report considers submissions received to Amendment C262.


Summary

Cr Ellis moved, Cr Fisher seconded -

That Council having considered all submission to Amendment C262 to the Greater Geelong Planning Scheme, resolves to abandon the Amendment.

Carried.

Crs Heagney and Lyons re-entered the meeting room at 7:59pm.

Cr Lyons resumed the Chair at 7:59pm.


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2. Community Grants Program 2015/2016 – Summary of Allocations – 1 July 2015 to 31 December 2015

Portfolio:

Community Development - Cr Fisher

Source:

Community Life/Community Development

General Manager:

Linda Quinn

Index Reference:

Subject: Community Grants Documentation 2015/2016


Purpose

The purpose of this report is to present details of allocations of the Community Grants program for the period 1 July 2015 to 31 December 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

Cr Fisher moved, Cr E Kontelj seconded -

That Council:

  1. Notes the statement of allocations under the 2015/2016 Community Grants Program provided to community groups and organisations as detailed in Appendix 1-1 for the period 1 July to 31 December 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.


Discussion

A total $132,863.50 was allocated among 68 community organisations from the Community Grants Program between 1 July and 31 December 2015.

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

As of 31 December 2015, a balance of $107,136.50 was available to allocate to successful applicants for the remainder of the 2015/2016 financial year subject to the established grant guidelines.


Environmental Implications

Some of the projects supported via this grant program undertake environmental activities.


Financial Implications

There are no financial implications. A total $132,863.50 was allocated between 1 July and 31 December 2015, leaving a balance of $107,136.50 for 2015/2016 financial year. 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 local organisations aligns with 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, 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 Chart 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 1-1

Statement of Community Grants Allocations

1 July 2015 to 31 December 2015

Organisation

Project

Amount Approved

10thousandgirl

Better Money Management - Workshop for Women - Financial Thinking for Women

$1,000.00

Anglican Parish of Christ Church Geelong - Christ Church Community Meals Program

Christ Church Meals Program - Kitchen Equipment

$353.00

Association of Ukrainians in Victoria - Geelong Branch

Language school/training/meeting rooms technical equipment purchase and installation

$2,500.00

Australian Slovenian Association Geelong

60th Anniversary Celebrations of the Slovenian Association in Geelong

$2,500.00

Barrabool Cricket Club Incorporated

Furniture for Clubrooms

$2,000.00

Barwon CASA Inc

Resource Booklet for Young Women on Issues relating Sexual Assault

$2,500.00

Bell Park Sports Club

Bell Park Sports Club Clubroom Heating Installation

$1,500.00

Bellarine Secondary College

Purchase of camera for Community Engagement Project

$450.00

Bellarine Woodworkers Inc.

Room Air Filter Equipment

$1,000.00

Breamlea Community Garden Inc

Connecting Community - Garden Works

$2,000.00

Cancer Patients Foundation

Look Good Feel Better Workshops

$1,600.00

Church by the Bay

Children's Playground Establishment

$1,500.00

Corio Cricket Club

Cricket Training Assistance - Sports Equipment Purchase

$1,500.00

Croatian Cultural Association

Christmas Cooking Class

$1,500.00

Down Syndrome Victoria

Down Syndrome Victoria: Supporting families in Geelong - Signage, Promotional Material

$3,000.00

Drysdale Community Church Inc

Playgroup Shade Sail

$1,250.00

Drysdale Netball Football Club ( Netball)

Renovation of storage room

$1,750.00

Drysdale Soccer Club

Working with Local schools to Increase Participation - equipment purchases

$1,500.00

Elcho Park Cardinals ((Aust Croatian Sporting Centre)

Visual equipment to enable coaching education and presentations

$1,500.00

Fight Cancer Foundation

Fight Cancer Foundation Drysdale Recycle Shop - Purchase of racks and baskets

$860.00

Friends of Elcho Park Equestrian Centre Lara

Dressage arena 2 Upgrade works

$2,600.00

Friends of the Bellarine Rail Trail Inc.

Seats on the Bellarine Rail Trail

$1,605.00

Geelong Aboriginal Football Club auspiced by Leopold Football Club

Murrun Dhelk Senior Indigenous Football Carnival

$2,080.00

Geelong Amateur Water Polo Association Inc (Geelong Marlins Water Polo Club)

Replace Set of Water Polo Field Goals at Kardinia Aquatic Centre

$3,000.00

Geelong Bowls Region

Geelong Bowls Region Provincial Shield Event

$1,720.00

Geelong Cement Bowls Club

Seating for new BBQ Area

$1,250.00

Geelong City Cricket Club

Upgrade of Turf Wicket Practice Nets

$2,000.00

Geelong City Fire Brigade

Rope Rescue Equipment

$3,000.00

Geelong Cycling Club

Geelong Track Cycles - for Juniors

$2,500.00

Geelong Dutch Clubs INC.

Sinterklaas (Dutch Cultural Event) for Young and Old

$500.00

Geelong Little Athletics Inc

Little Athletics Australia Day weekend Twilight Event

$1,000.00

Geelong Surf coast Veterans Centre Auspiced by RSL Victorian Branch

Health and Wellbeing for Better Backs - Equipment Purchase Upgrade

$1,000.00

Geelong West Brass Band

Purchase of Chairs for Sparrow Park Community Hall

$2,000.00

Geelong West St Peters Football Netball Club

Leadership in Sport Event

$2,000.00

Jirrahlinga Wildlife Sanctuary

‘It’s OK to be different’ – Anti bullying Seminars

$2,000.00

Kids Like Us Australia

Kids Like Us Regional Outreach Program for High Achieving Children with Learning Disabilities - Geelong

$2,196.00

Lara And District Men's Shed Inc.

Purchase of power tools

$3,000.00

Leopold Community and Learning Centre Inc

Leopold - Encouraging digital literacy - Computer Purchases for Training Community

$3,000.00

Leopold Hall Inc

Sealing of Public Car Park at Hall

$2,000.00

Leopold Sportsman’s Club Inc

Disability Community Bowls equipment

$1,000.00

Life Saving Victoria Limited

Female Leaders Network: Geelong Region - Participant Resources

$3,000.00

Macedonian Senior Citizens Group Geelong

Senior Citizens Recreation Equipment

$2,000.00

Marshall Cricket Club

Turf Mower Purchase

$2,000.00

Melting Moments Meals Relief Inc

Melting Moments Meals Relief Packaging Equipment

$2,000.00

Moolap Primary School

I pads for students with additional needs

$1,000.00

MS Society Victoria

The Chrissy Amphlett Belmont High School Project - Hire of Equipment

$1,500.00

Music at the Basilica Inc

Windfire Chamber Choir - Equipment Purchase

$2,000.00

Newcomb and District Cricket Club

Room Furnishings - for all Sporting Club Members and Users of Facility

$4,500.00

North Geelong Warriors FC Inc

Women's team uniforms and training equipment

$2,500.00

North Shore Recreation Club (Netball Section)

Scorer Shelters Installation

$2,000.00

Northside International Christian Church Inc.

Just Kids Community Christmas Party

$1,000.00

Ocean Grove Sporting Club Inc

Coffee Machine for Memorial Reserve Clubrooms

$2,000.00

Ocean Grove Surf Life Saving Club Inc

Volunteer Support - Provision of Air Conditioning for Patrol Tower and Administration Office

$2,400.00

Portarlington Community Association Inc

Walk or Ride - Printing of maps/leaflets

$999.50

Probus Club of St Leonards

Audio/Visual Equipment

$1,000.00

Reading Out of Poverty

Read, Learn, Play - Christmas-Book Project

$2,500.00

South Barwon Little Athletics Club Inc

South Barwon Little Athletics Club 50th Anniversary Celebration

$2,000.00

South Sudanese Nuer Language School of Australia Inc.

Adult and Youth Development Project

$1,800.00

SpringDale Neighbourhood Centre Inc

SpringDale Community Garden "Growing Green" - Equipment Purchases

$1,200.00

St Albans Breakwater Cricket Club

Portable Junior Synthetic Cricket Pitch and Equipment

$3,500.00

St John's Anglican Church Highton

Highton Carols in the Park

$3,000.00

St Leonards Bowling Club Inc

Sun Shades for Club

$3,000.00

Surfside Primary School

Djarreeyn ("Jah" "reehin") Cultural Garden Establishment

$2,200.00

Surfside Waves Soccer Club

White Goods for kitchen at new Pavilion - Shell Reserve

$600.00

Tennis Geelong Inc

Tennis Geelong Strategic Plan

$2,000.00

Victorian Skateboard Association (VSA)

All Aboard Skateboarding Sessions

$2,000.00

Wandana Heights Tennis Club

Uniform Purchase

$1,500.00

Waurn Ponds Memorial Reserve Committee of Management.

Memorial Reserve Post and Rail Fencing

$4,000.00

Wesley Asylum Seeker Welcome Place auspiced by the Wesley Centre for Life Enrichment

The Welcome Place - Establishment of Drop In Centre for Asylum Seekers and Temporary Protection Visa Holders

$2,450.00

Total Allocation – (1 July to 31 December 2015)

$132,863.50

Remaining Balance of Community Grant Budget Allocation for 2015/16 Financial Year as at 31 December 2015

$107,136.50


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3. Bushfire Protection Exemption – Request for Ministerial Review

Portfolio:

Planning - Cr Heagney

Source:

Planning and Development

General Manager:

Peter Bettess

Index Reference:

Council Reports 2016


Purpose

The purpose of this report is to detail the issues associated with the current application of clause 52.48 - Bushfire Protection: Exemptions in the Greater Geelong Planning Scheme and request that the Minister for Planning investigate the matter. This clause currently applies to all urban and rural areas in the municipality regardless of fire threat. It allows for the removal of significant vegetation if it is located near a house or fence constructed prior to 2009. This is having a detrimental impact on the character and environmental values of Geelong’s urban areas.


Summary

Cr Heagney moved, Cr Ansett seconded -

That Council:

  1. writes to the Minister for Planning to request clause 52.48 - Bushfire Protection: Exemptions be applied more strategically in Geelong to differentiate between urban areas with no bushfire threat and rural areas with an identified bushfire threat;

  2. provides a copy of this report and the letter to Minister to the Municipal Association of Victoria (MAV).

Carried.


Baclground

Clause 52.48 was introduced into Victorian Schemes in November 2011 post the 2009 Victorian Bushfires Royal Commission. It allows the removal, destruction or lopping of vegetation to reduce fuel load around existing buildings used for accommodation and adjacent to fences on property boundaries without requiring a planning permit. These permit exemptions for vegetation removal apply to buildings and fences existing or approved before 10 September 2009.

This clause currently applies to the entire Geelong municipality and overrides:

Since the introduction of 52.48 in 2011, Geelong has experienced a number of issues with vegetation being removed, destroyed or lopped in urban areas under this provision despite the fact that these areas are not included in the Bushfire Management Overlay and are not designated as “bushfire prone areas” by the Victorian Building Authority.

This means that in all urban areas of Geelong, vegetation can be removed, destroyed or lopped within:

This exemption does not apply to metropolitan areas within Melbourne unless they are covered by the Wildfire Management Overlay (WMO). There does not appear to be any strategic basis for the distinction between metropolitan urban areas and regional urban areas with no identified fire threat.


Discussion

There are a number of implications for vegetation loss in urban areas due to the blanket application of clause 52.48 regardless of identified bushfire threat.


Heritage

There are around 156 trees listed as significant in the schedule to the Heritage Overlay and most of these are in the urban areas of Geelong. Trees include but are not limited to pines, palms, Morton Bay Figs, Magnolias, Liquid Ambers and Peppercorns. Many of these trees are located with 10 metres of a house or 4 metres of a boundary fence given the size of a suburban lot and given that many plantings, including hedges, are planted along fence lines. These trees have no protection in the planning scheme even though they are specifically identified under the Heritage Overlay.


Landscape and Vegetation Values

The issues above apply equally to urban areas with Vegetation Protection Overlays and Significant Landscape Overlays including areas within Barwon Heads and Ocean Grove.


Development and Neighbourhood Character

The loss of urban vegetation under clause 52.48 is also affecting development applications. Clause 55.03-8 of Recode specifically encourages the retention of mature vegetation on the site, however, even if it is considered a development should provide for the retention of significant trees on character grounds, some applicants are getting around this by removing them under the Bushfire Protection provision. This is despite the fact the area has no identified bushfire threat.


Strategic Planning

As part of the strategic planning work for our urban areas including; town centres, suburbs and townships on the Bellarine Peninsula, the need to retain significant trees for character and environmental reasons comes through strongly as part of the public consultation process.

When controls are implemented to reflect these community aspirations there is an expectation that the controls will deliver some form of significant tree protection. The fact that significant trees can be removed under the pretext of bushfire protection, in areas with no identified bushfire threat, undermines confidence in the planning process.

The Bellarine Peninsula Localised Planning Statement (Victorian Government, 2015) contains the following strategy:

‘Ensure that new development allows for the protection of significant vegetation and/or planting around buildings and has minimal impact on roadside vegetation’

This strategy is being undermined by the arbitrary application of the Bushfire Protection provision across all urban settlements regardless of bushfire threat on the Bellarine.


Urban Forestry Strategy

Council recently adopted an Urban Forestry Strategy and is looking to develop a Significant Tree Register. This work will be seriously undermined in urban areas if the Bushfire Protection exemptions continue to apply across the entire municipality regardless of fire threat.

The current application Clause 52.48 to the entire Greater Geelong municipality is unjustified and unwarranted. Urban areas with no identified bushfire threat should not be subject to the Bushfire Protection exemptions. Significant vegetation which would otherwise have planning protection is being removed under this pretext which is having a detrimental impact on the character and environmental values of our urban areas. Geelong’s urban areas are not unlike the urban areas of the metropolitan municipalities that currently enjoy an exemption from this provision (unless land is included in a Bushfire Management Overlay).

It is recommended Council write to the Minister for Planning to request this matter be investigated with the outcome that clause 52.48 can be more strategically applied within Geelong in the future, to reinstate planning controls that were in place prior to 2011.


Environmental Implications

The request to more strategically apply clause 52.48 in Geelong will see a greater number of urban trees protected.


Financial Implications

There are no financial implications as a result of implementing the recommendation of this report. There may be a minor increase in permit applications which can be absorbed without additional resources.


Policy/Legal/Statutory Implications

There are no policy or legal implications as a result of implementing the recommendations of this report.


Alignment to City Plan

This request aligns with the Sustainable and Built Environment actions around protecting the built and natural environment and protecting biodiversity.


Officer Direct or Indirect Interest

No Council officers or contractors have any direct or indirect interest, in accordance with Section 80(C) of the Local Government Act 1989, in the matter to which this request relates.


Risk Assessment

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


Social Considerations

Feedback from the community as part of the public consultation phase of many strategic planning projects highlights a desire to protect urban trees for character and environmental reasons. This report aims to assist in the protection of these trees.


Human Rights Charter

This report will not impact on basic human rights, freedoms and responsibilities as set out in the Charter.


Consultation and Communication

The relevant internal departments were consulted in the preparation of this report.

Cr Richards declared an Indirect Financial Interest in Agenda Item 4, Additional Bin Service in that he is contracting into the waste and recycling industry and left the meeting room at 8.09pm, prior to discussion of the item.


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4. Additional Bin Service

Portfolio:

Environment and Sustainability – Cr Richards

Source:

Environment and Waste Services

General Manager:

City Services

Index Reference:

Subject – Council Reports 2016
Subject – Bin Supply


Purpose

The purpose of this report is for Council to adopt a revised Recycling and Waste Collection System Policy CPL225.1 - Recycling and Waste Collection System.


Summary

Cr Harwood moved, Cr Murrihy seconded -

That Council:

  1. notes the cost to Council of continuing to provide this service without initiating user pays charges and the continuing demand for a perceived “free” service;

  2. agrees to the implementation of user pays charges for additional bins for all new applications post 1 July 2016;

  3. adopts the revised Policy CPL225.1 - Recycling and Waste Collection System; and

  4. notes that a Phase two should be considered by Council at a future time to address the existing additional bins held within the community.

Carried.


Background

The current system of providing additional bins provides residents with the option of an additional garbage bin and or an additional recycling bin at no additional cost to the resident.

The additional bin system was instigated as a free service to residents when the three bin system was introduced in 2002 (waste, recycling and green waste). The rationale for the introduction of additional bins was to compensate larger families who may struggle to fit their recycling and garbage into the provided 120 litre weekly garbage and 240 litre fortnightly recycling service . The additional bin service did not include an additional green waste bin.

Residents can gain access to the service on medical grounds or if they have six or more in the household. Applications based on medical grounds are approved immediately.

The additional bins service now represents 4.2 percent of the total garbage and recycling bins collected. The large family criteria was designed to assist larger households make the transition from the previous unlimited volume system to the volume limited three bin system.

Currently there are 4882 additional garbage and 3519 additional recycling bins in service. The number of additional bins is increasing by approximately 1,100 annually. Garbage bins account for 60% of the additional bin service.


Discussion

  1. Previous review of the additional bins service undertaken in March 2011

    The outcomes of this review were:

  2. 2015 Survey of Other Councils

    A sample survey of 15 regional, rural and metropolitan Councils indicated that they all provided an additional garbage bin service including additional fee charges.

    Eight of the fifteen Councils provided a discount for hardship or for medical reasons with applications requiring detailed information and a doctor’s certificate in support of medical claims. Seven of the fifteen councils surveyed provided discounts for large families. No Council provided a totally free additional bin service but three Councils did provide additional recycling bins for free.

    The surveyed Councils generally believed their additional bin issue was effectively managed by the user pays system. The survey also indicated that a number of Councils were reducing the hardship and exemptions criteria and allowing only exemptions for a medical condition generating excessive waste.

    The Councils surveyed indicated their additional bin rate ranged between 1% to 2% of whereas the CoGG rate is 4% of tenements.

  3. State of the Current Additional Bin Service

    COGG is currently providing a “free” additional bin service and limiting the provision of these ”free” bins by the application of certain criteria surrounding them. This system has proven to be ineffective over the period that the three bin collection service has been in place.

    The current rate of the increase in the costs associated with increasing provision of additional bins is unsustainable. COGG already has at least double the number of additional bins of any other municipality surveyed. With an annual increase currently running at 17% within ten years this could end up being seven or eight times that experienced by other municipalities.

  4. Implementation of a User pays Additional Bin Service

    The implementation of a User Pays additional bin service is a significant change for the municipality as for the last 13 years residents have been used to the concept of this service being provided fee by Council. If undertaken, the removal of the additional bins from the properties that have them (almost 5000 in the case of the additional red lidded bins) will require a major communication and logistical operation. It is proposed that the transition to a user pays service be undertaken in two phases.

    Phase 1 of the introduction of this change would be to introduce the user pays system for all new additional bin applications after a set date (e.g. 1 July 2016). It will leave the decision and process to address the existing bins out in the community (Phase 2) for future consideration. To try and combine these two stages would be very difficult from a workload, staffing and logistical perspective.

    There is also a real risk associated with combining the change to a user pays system with the retrieval of existing bins within the community. The retrieval of existing bins may generate dissatisfaction from those currently in possession of the bins The retrieval of these bins needs to be thoroughly investigated and a plan put together to ensure minimal disruption to households. It is proposed that this is a separate process independent of the broader issue of moving to a user pays additional bin system.

  1. Cost Structure for Additional Bins

    The following table for an additional bin service has been developed to provide indicative charges for 2016/17 based on the costs of the 2015-2016 budget. The following model sets out to recoup all operational, maintenance and capital costs.

    The following table is a cost recovery model and the option of a higher cost for garbage can be considered if required to focus on increasing the amount of recycling occurring.

  2.  

    Garbage

    Recycling

    Recycling
    (with cost signal)

    Green

    Yearly cost for an additional bin

    $135

    $48

    $73

    $62

  1. Exemptions for Medical or Hardship Reasons

    The provision of exemptions based on economic or social hardship would be difficult and very labour intensive to provide. Hardship is difficult to determine with many factors contributing to and many varying opinions exist on the classification of hardship. Most services across Council do not attempt to take on this challenge.

    Each application for hardship would have to be assessed individually which would be very labour intensive (currently we receive over 1000 applications annually).  This would require at least one fulltime EFT to investigate, liaise with and assess each application.  To undertake this process in a fair and equitable manner would require specialist skills.

    The assessment of the degree of hardship that people are in may be an emotive and potentially controversial process for those believing they are in hardship.  This may result in a portion of applicants that are rejected based on whatever criteria are agreed being disgruntled and therefore prone to voicing their disappointment further.

    The Additional Bin Charge is not able to be passed on to the tenement by the landlord in the normal rent cycle and correspondingly any individual reduction in the Additional Bin charge would be retained by the landlord. Only owner occupied housing would potentially see any benefit from an Additional Bin charge exemptions scheme unless a separate system was developed for properties with tenants.

    A provision for a charge exempt additional bin for a medical condition that produces excessive waste would provide assistance to a section of the community. This would still require significant resources to manage but would avoid the owner versus tenant prejudice.


Environmental Implications

The introduction of an additional bin charge may lead householder to transfer excess waste from one bin to another. To reduce this risk, proactive inspections through regular audits and the bin inspections should be considered for properties. From previous audits and inspections it has been observed that residents generally use the three bin system as intended. The additional bin service provides households with greater disposal volume and this may inadvertently encourage households that can afford additional bins, to dispose of more material and reduce waste minimisation activities. This behaviour should it occur will not have a material impact on operation of the kerbside collection system.


Financial Implications

Costs associated with the additional bin service are forecast to increase from $545,000 to $1.88 million over the next 10 years. The accumulative 10 year cost would be $11 million if current trends continue.

The implementation of Phase 1 of the change to a user pays additional bin service will require development of some new administration processes to facilitate the charging for the service. These processes along with the monitoring and enforcement of this change in policy will require some degree of additional resourcing. Once the free bins stop there undoubtedly will be an increase in instances of residents illegally obtaining additional bins. There needs to be adequate resources to ensure the change is implemented properly. The estimated income from the provision of 1000 user pays additional bins and with current ratio of 60% waste bins is $96,400. This income can offset costs associated with resources required for implementation.

To offset a portion of these costs would include the recovery of “stolen” bins, a reduction in the number of properties requiring additional bins and additional charges to properties with unregistered additional bins.

The following chart highlights the projected cost of the service per year rising over the next 10 years if no change is made.

Chart highligting the projected cost of the service per year rising over the next 10 years if no charge is made.

A charge for additional bins will significantly reduce the ongoing operational costs associated with this service. This will reduce the cost of the Waste Collection Charge immediately and also protect it from the continually growing proportion of the base service that these bins currently represent.


Policy/Legal/Statutory Implications

The introduction of an additional bin charge will require a change to the Policy CPL225.1. Guidelines for Provision of Additional Bin Services for Garbage, Recycling and Greenwaste are attached. These Guidelines were previously developed for the introduction of the three bin system to provide assistance to large families through the transition to the new fixed volume bin system.

 

The policy stated…

“Upon compliance with the conditions outlined in the ‘Guidelines for Assessing Applications for Additional Garbage and Recycling Services’ a resident may be granted an additional garbage and/or recycling service at no additional charge.”

The Policy has been reviewed and the proposed revised policy is attached (Appendix 1).


Alignment to City Plan

The adoption of the revised Policy CPL225.1 aligns to ‘Sustainable and Built Environment’ by supporting a flexible approach to kerbside recycling and waste collection services while reducing the cost pressures to this service.


Officer Direct or Indirect Interest

The person preparing this report has no direct or indirect Interest in this matter


Risk Assessment

The introduction of a charge on additional bins may result in an adverse reaction from current additional bin holders. The service is used by approximately 4% of residential properties. This could create negative media coverage and a communication plan will be developed to reduce this risk.

However the ability of Council to sustain the service in its current form in view of the escalating cross subsidy costs is a risk. This change to additional bins will assist within the current economic environment of rate capping and corresponding pressure to reduce increases in fees and charges.

The implementation of the recommendations will require additional resources to manage the implementation of the changes. Without these resources the additional bin service will remain open to abuse by non paying properties.

Upon adoption of the recommendations in this report the provision of addition bins will be suspended until the implementation of the user pays system on 1 July 2016. This will ensure that we do not get inundated with requests for additional bins (currently free) once it becomes known that a charge will be applied in the near future.


Social Considerations

The implementation of the recommendations will require householder to pay for the service.

This may disadvantage lower income households who currently use the service. A provision for a charge exempt additional bin for a medical condition that produces excessive waste would provide assistance to a section of the community.

Council offers a number of free waste disposal services that may assist. The Geelong Resource Recovery Centre, Douro Street, North Geelong and Drysdale Resource Recovery Centre, Becks Rd Drysdale provide the following services;


Human Rights Charter

This report has no impact on compliance with the Human Rights Charter.


Consultation and Communication

A communication plan will be prepared in partnership with the Communication Unit.

The communication plan will be implemented over the period prior to the implementation of the additional bin charge to those properties currently receiving a “free” service. This would potentially alleviate any adverse publicity.

Key messages would be:


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Cr Richards re-entered the meeting room at 8:22pm.


5. City Plan 2013-2017 Progress Report to 31 December 2015

Portfolio:

Governance - Cr Lyons (Mayor)

Source:

Strategy and Performance – Strategy and Program Delivery

General Manager:

Dean Frost

Index Reference:

Corporate Strategy Planning


Purpose

Council at its meeting on 23 June 2015 adopted the 2015-2016 Update of City Plan 2013-2017, which outlines the Strategic Directions and Priorities planned by the Council over the four-year period, and the Annual Business Plan Actions planned for the coming 12 months.

This report is the progress report to Council of the organisation’s achievements against these actions.


Summary

Cr Heagney moved, Cr Harwood seconded -

That Council receives and notes the City Plan Progress Report to 31 December 2015.

Carried.


Background

Council at its meeting on 23 June 2015 adopted the 2015-2016 Update of City Plan 2013-2017 which outlines the Strategic Directions and Priorities planned by the Council over the four-year period, and the Annual Business Plan Actions planned for the coming 12 months.

Community Wellbeing

Healthy Together Geelong: to enhance health, wellbeing and quality of life of Greater Geelong Communities.

Growing Our Economy

Securing Geelong’s economic future.

A Sustainable Built and Natural Environment

Partnering with our community to protect and enhance our natural ecosystems and to encourage sustainable design and reduced resource consumption.

How We Do Business

We will focus on developing and maintaining effective working relationships to deliver Council’s strategic directions and cost effective services that meet the changing needs of the community.


Discussion

This report and attachment indicates the status of the actions in City Plan 2013-2017 for the 2015-2016 financial year as at 31 December, 2015.

The attachment provides status and comments for each of the 233 actions within the four strategic directions.

There has been significant progress in the December quarter towards achieving the actions in 2015-2016 including:


Community Wellbeing

Status Summary:

Status summary in coloured boxes, being: on schedule=88; completed=5; major issue=2; minor issue=7; and not started=7

Major issues summary:

City Plan Action

Reason

Action being taken

Leopold Football and Netball Club clubroom upgrade

Awaiting State Government funding of $1.5M election commitment. The hold up will affect timing of works.

Pavilion works went out to tender, closing 28 January 2016. Netball court construction works will be quoted in January 2016.

Hendy Street Reserve (Flinders Peak) sports field and change room

Project on hold due to ongoing discussion between Council and the Department of Education regarding land and assets. Scope will be affected by the outcome.

Discussions are continuing between Council and the Department of Education.

Splashdown aquatic play park construction

Funding shortfall as cost of project exceeded budget.

Further funding has been sought in the 2016/17 budget with the project expected to be completed in 2016/17.

Growing Our Economy

Status Summary:

Status summary in coloured boxes, being: on schedule=34; completed=5; major issue=2; minor issue=7; and not started=2

Major issues summary:

City Plan Action

Reason

Action being taken

Central Geelong Design Assessment Panel

Still determining the context of the role of the Geelong Authority and revised planning permit processes in regard to this with the Minister being responsible authority for major developments.

Discussions continue and the aim is to have the panel in place by 30 June 2018.

Cadel Evans Bronze Statue

On hold due to current Council protocol being to recognise local sports men and women who have excelled on an international scale through Legends Plaza.

Recommendation is to work within existing Council protocol and apply for Cadel Evans to be acknowledged in the Legends Plaza.

Sustainable Built and Natural Environment

Status Summary:

Status summary in coloured boxes, being: on schedule=23; completed=2; major issue=0; minor issue=6; and not started=2

How We Do Business

Status Summary:

Status summary in coloured boxes, being: on schedule=28; completed=5; major issue=0; minor issue=2; and not started=0

Environmental Implications

There are several actions under the Sustainable Built and Natural Environment Strategic Direction within City Plan that aim to enhance and protect natural areas and ecosystem health, support our community to live sustainably, advocate for and promote sustainable design and development, and minimise our environmental footprint.


Financial Implications

Council’s Annual Budget provides the Resource Plan to support the initiatives identified within the adopted Annual Business Plan.


Policy/Legal/Statutory Implications

Council’s external auditors will undertake a Performance Audit of the planned Key Strategic Activities and prepare a report as part of the ‘sign off’ of the Annual Accounts.


Alignment to City Plan

This report is the quarterly progress report of the organisation’s achievements against the adopted City Plan 2013-2017, 2015-2016 actions.


Officer Direct or Indirect Interest

There is no conflict of interest to be disclosed


Risk Assessment

The risks arising from the actions are managed within the framework of the Council’s adopted Policies, Procedures and Risk Management strategies.


Social Considerations

Several of the actions identified within City Plan are aimed at improving the quality of life for the residents in the City of Greater Geelong. This is particularly the case for actions within the Community Wellbeing Strategic Direction.


Human Rights Charter

This report provides an update on the implementation of City Plan 2013-2017 and will be made available on Council’s website and on request at Council’s Customer Service Centres as part of the Council meeting minutes. There are no known positive or negative effects.


Consultation and Communication

A comprehensive report on the 2015-2016 City Plan actions will be published in the City of Greater Geelong Annual Report by 30 September, 2016, which will be submitted to the Minister for Local Government and available to the public in hard copy and on the Council’s website.


[Back to List]

6. Financial Management Report – December 2015

Portfolio:

Finance – Cr Lyons (Mayor), Cr E Kontelj, Cr Farrell

Source:

Strategy and Performance - Financial Services

General Manager:

Dean Frost

Index Reference:

Financial Management \ Financial Reporting 2015-2016


Purpose

The Quarterly Financial Report for the period ending 31 December 2015 is prepared as a requirement of Section 138 of the Local Government Act 1989.


Summary

Cr E Kontelj moved, Cr Harwood seconded -

That the Quarterly Financial Management Report to 31 December 2015 be endorsed by Council.

Carried.


Background

The report is prepared as a requirement of Section 138 of the Local Government Act 1989 which requires that at least every three months a statement be presented to Council comparing the budget with the actual revenue and expense for the financial year-to-date.


Discussion

Operating

The December Management reports are provided in the following table to report year-to-date performance and full-year projection performance versus budget.

Summary

 

YTD Actual
$M

YTD Am. Bgt
$M

YTD Var Fav/(UnFav)
$M

FY Proj
$M

FY Am. Bgt
$M

FY Var Fav/(UnFav)
$M

Recurrent Surplus/(Deficit)

3.77

(8.59)

12.36

(14.61)

(17.01)

2.40

Non-Recurrent Surplus/(Deficit)

33.16

23.41

9.75

70.58

65.77

4.81

Net Surplus/(Deficit)

36.93

14.82

22.11

55.97

48.76

7.21

Capital Expenditure

39.00

48.30

9.30

125.76

120.02

(5.74)

Closing Net Cash - Positive/(Neg)

61.05

56.48

4.57

 

64.76

 


The Adopted Budget was amended by Council on 25 August 2015 to include Carryover Capital and discretionary projects, plus other Capital and recurrent amendments.

The impact on the Recurrent Expenditure Budget is ($17.76M), consisting of carryover discretionary projects funded in 2014-2015, plus other budget amendments including adjustment for early receipt of first two quarters Grants Commission funding in June 2015.

The impact on Non Recurrent income was $10.34M for carryover of capital income from 2014-2015 projects, plus other budget amendments.

The amended capital expenditure budget includes $52.27M to complete 2014-2015 Projects, including Corio Landfill Rehabilitation, Geelong Library and Heritage Centre, Drysdale Landfill Cell 6, Central Geelong Advancement Fund, Drainage Construction Program, Central Road Drainage, Street Construction SRC and Austin Park Redevelopment.

Other budget amendments increased total budget by $0.87M.

1. Recurrent Variance Commentary

 

YTD Actual
$M

YTD Am. Bgt
$M

YTD Var Fav/(UnFav)
$M

FY Proj
$M

FY Am. Bgt
$M

FY Var Fav/(UnFav)
$M

Recurrent Income

153.12

150.85

2.27

299.41

298.45

0.96

Recurrent Expenditure

149.35

159.44

10.09

314.02

315.46

1.44

Recurrent Surplus/(Deficit)

3.77

(8.59)

12.36

(14.61)

(17.01)

2.40

YTD Variance - $12.36M Favourable

The following major variances to budget contributed to this result:

Recurrent Income

 

$M

General Rates and Charges – favourable rates generation and supplementary rates YTD due to growth in Council’s rate base.

1.28

Government Grants

Main favourable variances consist of:

  • State Recurrent $184K favourable (Aged and Disability Services $198K (HACC Services).

  • State Specific Purpose $198K favourable (unbudgeted discretionary grants received in Arts and Culture, Family Services, Enterprise Geelong, Engineering Services and Planning Strategy).

Partly offset by:

  • Federal Recurrent ($191K) unfavourable (Aged and Disability Services below budget due to Consumer Directed Care requirement to carry over client funds not expended).

0.22

User Charges

Main unfavourable variances consist of:

  • Activities and Program Fees ($1,063K) unfavourable – Family Services ($644K), Aged and Disability Services ($274K) and Leisure Services ($338K) (Leisurelink $102K and BASC $185K). (Partly offset by reduced expenditure). Sport and Recreation $189K favourable (offset by unbudgeted expenditure).

  • Design and Supervision Fees $218K favourable (Subdivision applications).

(0.86)

Other Fees and Charges

Favourable mainly due to :

  • Misc Approvals and Permits $292K favourable (Building and Planning Permits).

  • Planning Permit Applications $173K favourable.

0.64

Sundry Income

  • Reimbursements and Recoveries $227K favourable (mainly Simonds Stadium).

  • Sundry Income $422K favourable (unbudgeted income in Arts and Culture, Waste Services, Risk Management and Capital Projects).

0.68

Interest on Investments

Higher than budgeted cash balances.

0.31

Recurrent Income Sub-total

$2.27M

Recurrent Expenditure

 

$M

Employee Related Expenditure – Favourable salary costs $1,656K and Workcover $123K mainly relating to unfilled vacancies and rate variance.

Partially offset by unfavourable supplementary labour costs ($884K) (see external services).

1.78

General Works:

Materials $175K favourable with the main variances being Consumable Materials $112K (phasing only) and Ground Maintenance Materials $170K (ground renovations behind schedule).

Plant / Equip / Vehicle Costs $1,039K favourable with the main variances being Fuels, Oils and Greases $358K (lower than budget fuel price), External Plant and Equipment Hire $301K (phasing only), Repairs and Maintenance $256K (phasing only).

External Services is $3,866K favourable mainly due to:

  • Contractors $4,334K favourable - Phasing variances in Discretionary Projects $2,323K and in Recurrent Projects $1,668K. Plus full year savings in Waste Collection $355K (Cleanaway contract 2014-2015).

  • Levies and Contributions $906K favourable – Drysdale Landfill $918K (EPA levy payable favourable due to diversion of waste to Wyndham).

  • Building Maintenance $508K favourable – phasing only.

  • Contributions $281K favourable - phasing only.

  • Insurance Premium $208K favourable (anticipated to be offset with inclusion of new Library and Heritage Centre)

Offset by:

  • Waste Disposal and Recycling ($1,585K) unfavourable - Garbage Service $1,570K, North Geelong Transfer Station $101K, Litter Service $93K and Commercial Collection Service $93K (due to diversion of waste to Wyndham), partly offset by favourable Green Waste Service $284K (continuing the low cost on farm option).

  • Supplementary Labour ($884K) unfavourable – mainly, Local Laws ($214K), City Development ($173K), Aged and Disability Services ($159K), Fleet ($104K), Operations ($141K) and Parks ($92K).

5.08

Administration costs $776K favourable mainly due to :

  • Interest Paid $112K favourable – Interest savings due to deferment of budgeted loans.

  • Other phasing variances $664K favourable – mainly in Computer Software, Training and Development, Postage, Printing, Doubtful Debts, Leases and Debt Collection.

0.77

 

$M

Professional Services costs $1,449K favourable mainly due to:

  • Consultants $1,440K favourable – Phasing variances mainly in Planning Strategy $416K, Central Geelong Task Force $618K, Strategic Projects $112K and Enterprise Geelong $127K.

1.45

Utility costs are $724K favourable mainly due to Electricity $706K (phasing and timing of invoices).

0.72

Depreciation costs $408K favourable (phasing only).

0.41

Gain/(Loss) on Sale of Plant and Equipment ($124K) unfavourable.

(0.12)

Recurrent Expenditure Sub-total

$10.09M

   

Full Year Recurrent Projection – $2.41M favourable to Amended Budget

A half year review has been undertaken to consider likely impact of progressive results on full year projection. The projected recurrent operating result is forecast to be $2.41M favourable to the amended budget.

The main projection changes which are favourable / (unfavourable) include:

$M

Increased recurrent Government Grants

Workcover Premium

Waste – Cleanaway Contract 2014-2015 adjusted

Interest Received

Fuels, Oils and Greases

Waste – Kerbside collection and Green Waste Disposal

Depreciation

Salaries / Supplementary Labour

Planning / Building Permit Income

Interest Paid – deferment of budgeted loans

Rates – Supplementary

Cultural Change Management –additional cost

Iconic Xmas Tree – additional cost (no offset)

0.11

0.29

0.34

0.37

0.40

0.40

0.40

0.45

0.54

0.57

1.16

(0.07)

(0.09)

Transfers to Capital

Transfers from Capital

Water Usage

Aquatic Centres – Net Cost Increase

0.08

(0.41)

(0.41)

(0.60)

Diversion of Waste to Wyndham – additional cost

(1.19)

Other

0.07

 

$2.41


The favourable projection changes provide the opportunity to complete the internal financing of 2011 Unfunded Superannuation of $1,741,000 and remove this obligation from the 2016-2017 Budget.

The projection does not include any provision for costs associated with the State Government Investigation with appointment of Commissioners in the period January – March 2016.


2. Non Recurrent Variance Commentary

 

YTD Actual
$M

YTD Am. Bgt*
$M

YTD Var Fav/(UnFav)
$M

FY Proj
$M

FY Am. Bgt*
$M

FY Var Fav/(UnFav)
$M

Non-Recurrent Surplus/(Deficit)

33.16

23.41

9.75

70.58

65.77

4.81

YTD Variance – $9.75M favourable


The following variances contributed to this result:

$M

Recognition of Infrastructure $9,952K favourable (including handover of new subdivision reserves $8.8M).

Capital Grants and Income ($753K) unfavourable. Projected to be $3,681K favourable full year (offset by increased expenditure).

9.95

(0.75)

Developer Contributions $661K favourable.

0.66

Gain/(Loss) on Sale of Property - ($1,732K) unfavourable.

(1.73)

Loss on Disposal of Infrastructure - $2,061K favourable.

Prior Year Adjustments – ($440K) unfavourable.

2.06

(0.44)

 

$9.75

 

 



3. Capital Expenditure Variance Commentary

 

YTD Actual
$M

YTD Projection
$M

YTD Var Fav/(UnFav)
$M

FY Proj
$M

FY Am. Bgt*
$M

FY Var Fav/(UnFav)
$M

Capital Expenditure

39.00

48.30

9.30

125.76

120.02

(5.74)

YTD Variance – $9.30M favourable

The capital program is $9.30M underspent compared to Projection year to date, with the major project variances as follows:

 

$M

•  Heavy and Dedicated Plant

1.21

•  Drysdale Landfill Cell 6

0.68

•  Light Fleet Replacement

0.65

•  Central Road Drainage

0.50

•  Corio Landfill Rehabilitation

0.43

•  Bicycle Path Program

0.36

•  Drysdale Landfill Stormwater PAN Compliance

0.32

•  Queens Park Clubroom Upgrade

0.31

•  Purchase of Gym Equipment

0.29

•  Grovedale Tennis Club Facilities Upgrade

0.22

•  Improve Pedestrian Connections to Deakin and Gordon

0.22

•  Geelong Library and Heritage Centre

0.19

•  Drysdale Landfill Cell 4A Bunding

0.15

•  Other

3.77

 

$ 9.30



4. Cash and Investments

 

YTD Actual
$M

YTD Am. Bgt*
$M

YTD Var Fav/(UnFav)
$M

FY Proj
$M

FY Am. Bgt*
$M

FY Var Fav/(UnFav)
$M

Closing Net Cash Positive/(Neg)

61.05

56.48

4.57

 

64.76

 

YTD Variance – $4.57M favourable


The month end cash and investments balance was $61.05M. This was $4.57M favourable to budget, mainly due to favourable recurrent surplus and behind schedule spend on Capital, offset by deferred loans ($11.2M).

Council has future commitments for $25.1M, which are fully cashed back:

Long Service Leave

$19.4M

Statutory Reserves

$ 1.7M

Refundable Deposits

$ 1.8M

Income in Advance

$ 1.3M

Asset Development

$ 0.9M

Total

$25.1M


The Landfill Provision balance is currently $17.2M.


Environmental Implications

There are no environmental implications arising from this report.


Financial Implications

As detailed in the attached report.


Policy/Legal/Statutory Implications

The report is provided in accordance with requirements under the Local Government Act 1989.


Alignment to City Plan

This report contributes to responsible and sustainable financial management as aligned in Council’s City Plan objective on How We Do Business.


Officer Direct or Indirect Interest

Council staff preparing this report have no direct or indirect interest.


Risk Assessment

There are no risk implications arising from this report.


Social Considerations

There are no social implications arising from this report.


Human Rights Charter

There are no known positive or negative effects.


Consultation and Communication

The attached report is provided for information and public record and is available from the Council Governance or Financial Reporting units.


[Back to List]

7. Christmas in Geelong Program 2015

Portfolio:

Major Events - Cr Nelson

Source:

Projects, Recreation and Central Geelong - Events, Central Geelong and Waterfront

Acting General Manager:

Paul Jane

Index Reference:

Events / Geelong Major Events


Purpose

To update Council on the outcome of the 2015 Christmas in Geelong Program, and seek direction on the 2016 installation of the Iconic Floating Christmas Tree.


Summary

Cr Harwood moved, Cr Ansett seconded -

That Council:

  1. note preliminary figures show the 2015 Christmas in Geelong program generated 213,500 visits and an estimated $15.6M in Total Economic Output.

  2. authorise officers to procure the installation, dismantle, maintenance and storage of the Iconic Floating Christmas Tree for the 2016, 2017 and 2018 Christmas periods.

  3. note the annual cost for the installation, dismantle, maintenance and storage of the Iconic Floating Christmas Tree in future years could be up to $400,000 per annum.

  4. authorise officers to advertise and enter into sponsorship agreements to offset the annual costs to install, dismantle, maintain and store the Iconic Floating Christmas Tree.

  5. receive a report at a later date regarding planning issues related to signage and commercial advertising in the Steampacket Quay location of the Iconic Floating Christmas Tree.

  6. authorise officers to undertake a full review of the Christmas program inclusive of the Iconic Floating Christmas Tree to inform activities post 2016 Christmas.

Amendment

Cr Farrell moved, Cr Irvine seconded –

That Council:

  1. note preliminary figures show the 2015 Christmas in Geelong program generated 213,500 visits and an estimated $15.6M in Total Economic Output.

  2. authorise officers to procure the installation, dismantle, maintenance and storage of the Iconic Floating Christmas Tree for the 2016 Christmas period.

  3. note the annual cost for the installation, dismantle, maintenance and storage of the Iconic Floating Christmas Tree in 2016 could be up to $400,000 per annum.

  4. authorise officers to advertise and enter into sponsorship agreements to offset the annual costs to install, dismantle, maintain and store the Iconic Floating Christmas Tree.

  5. receive a report at a later date regarding planning issues related to signage and commercial advertising in the Steampacket Quay location of the Iconic Floating Christmas Tree.

  6. authorise officers to undertake a full review of the Christmas program inclusive of the Iconic Floating Christmas Tree to inform activities post 2016 Christmas.

  7. request officers provide a report to the new Council at its January meeting, that includes accurate costings, both on land and water, and opportunities for sponsorship.

The amendment was put and lost.

The motion was put and carried.

Division Requested:

For: Crs Ansett, Murrihy, Nelson, E Kontelj, Fisher, Lyons, Harwood, Heagney, Irvine

Against: Crs Ellis, Macdonald, Richards, Farrell


Background

The Christmas in Geelong program is delivered by various Council Departments and Central Geelong Marketing with the aim of:

The Christmas in Geelong program which formed the Christmas Trail in Central Geelong ran from November 2015 to January 2016.

A key component of the Christmas in Geelong program is the Iconic Floating Christmas Tree. This feature of the program was initially planned to be delivered annually under a long term services contract. However, due to a contractual matter, Council at its meeting of 11 August 2015 resolved to terminate the Ongoing Services Contract with its contractor Creative Production Services and proceeded to deliver the Iconic Floating Christmas Tree in 2015 under a subcontracted management arrangement.

This process involved Council sourcing quotations for the works associated with the delivery of the Iconic Floating Christmas Tree for 2015 and delivering the tree through a number of subcontracts.


Discussion

The Christmas in Geelong program which formed the Christmas Trail in Central Geelong ran from November 2015 to January 2016 and included the following activities:

Council organised activities

  • Iconic Floating Christmas Tree – Music and Light show

  • City Hall Projections

  • School Christmas Trees in Lt Malop St

  • Extended Carousel hours and lighting show

  • Christmas themed Catenary lighting over the Malop/Moorabool intersection.

Joint Council and Central Geelong Marketing activities

  • Public decorations on street furniture and poles

Central Geelong Marketing organised and sponsored activities

  • Christmas Trail of decorations and shop window displays

  • Magic Meter Elves

  • Giant Snow Globe in Moorabool St

  • Reindeer Academy in Lt Malop St

  • Morning Teas with Santa at the Carousel

  • Christmas Story time at the Library

  • Santa Letters at the Carousel

  • Angle Craft on the corner of Gheringhap and Lt Malop

  • Myer Christmas windows

Council sponsored events organised by others

  • Gala Day Parade

  • Denis Walter Christmas Carols by the Bay

  • Christmas Eve Carols by Candlelight in Johnstone Park


As part of the Christmas in Geelong program Council carries out a review to determine how popular the activities were and what economic benefit is derived for the community and Central Geelong.

The Christmas program was evaluated using the following methods:

The economic benefit generated by the program is calculated using a REMPLAN evaluation method and calculations, and is based on the standard process used by Central Geelong Marketing, Tourism Greater Geelong and Bellarine and G21.

In making the calculation, Council and Central Geelong Marketing collected the following information over a cross section of days and times:

Findings

ITEM

RESULT 

COMMENTS

 

2015

2014

 

Overall attendances

213,500

245,000

Includes all Council and Central Geelong Marketing activities.

Floating Tree attendances

123,000

163,000

The launch in 2014 attracted 30,000 visits. Opening night in 2015 attracted 10,000 visits. The lighting did not essentially change in 2015.

City Hall Projections attendances

31,000

29,000

New images and music in 2015.

Central Geelong Marketing activities attendances. (Includes Myer windows)

44,900

33,700

New programs such as Reindeer Academy, Angel Craft and enhanced Santa Letter and Morning Teas attracted higher numbers.

Other activities (movies, school trees)

14,600

19,300

 

More people seeing movies but less people viewing the school trees.

PLACE OF ORIGIN

 

 

 

Geelong

86%

83%

 

Metro Melbourne

5%

6%

 

Regional Vic

5%

6%

 

Interstate

3%

4%

 

International

1%

1%

 

Carousel occupancy

Attendances and Income up by 19% compared to same period in 2014.

Income and attendance up by 13% compared to same period 2013

The extra hours, ceiling lighting and ‘glow stick’ sales were the main contributing aspects for 2015

Average spend per person

$45.50

$57

Questions were for a ‘per person’ spend. Allowance is made for young children in calculations. In 2014 the average spend per person was $57.

Perception of the experience

95% of the people surveyed thought the experience that the Christmas Activities provide them was ‘good’ or ‘excellent’

Question not asked in 2014

 

Perception of the importance to Geelong

90% of people surveyed thought that the Christmas Activities were Very Important or Important for Central Geelong. 10% were Neutral or thought they were Unimportant

In 2014, 100% of the people surveyed thought the Christmas activities were good for Geelong and contributed to an attractive and vibrant City

 

Central Geelong business feedback

Most beneficial aspects for traders were:

  1. Magic Meter Elves

  2. Family activities

In 2014 Most beneficial aspects for traders were:

  1. Magic Meter Elves

  2. Family activities

 

Other Christmas Events

Council sponsored events:

  • Gala Day

  • Waterfront Christmas Carols

  • Christmas Eve Carols by Candlelight

These three events delivered an extra 30,000 visitors to Central Geelong and the Waterfront

4,500 people

In 2014 the Denis Walter Carols by the Bay were cancelled due to rain and Geelong Carols by Candlelight in Johnstone Park had 4,500 attendees.

The introduction of the Gala Parade as an ongoing ‘Christmas period’ evening event is an excellent opportunity to compliment the Central Geelong Christmas program.

Total Economic Output

$15.6 M

$17.9 M

The lower amount can be attributed to a lower spend per person as communicated in the survey (down from $57 pp to $45.50 pp), 20,000 lower attendances on first night of the Iconic Floating Christmas Tree and another 20,000 less attendees at the Iconic Floating Christmas Tree during the 2015 season.

Total Cost Iconic Floating Christmas Tree

$340,000

$496,000

 

Total cost to Central Geelong Marketing

$65,000

$41,500

 

Total Cost other activities including Projections

$154,370

$44,672

 

Total cost to CoGG

$559,370

$582,172

 

* Attendance figures do not double count public attending multiple attractions in a single visit.

In addition to the above findings an independent media analysis was undertaken that showed a total Christmas program (including the Iconic floating Christmas Tree) Public relations value of $9.33 million. The Iconic Floating Christmas Tree on its own delivered a $5.3 million Public Relations value.

How visitors found out about Christmas in Geelong Program / Activities

SOURCE OF INFORMATION

NO. OF RESPONSES

Council related Facebook Sites

268

Radio

193

Family and Friends / Word of Mouth

189

Newspapers

176

Events Geelong Website

172

Central Geelong Marketing Facebook Site

135

Central Geelong Marketing Website

61

Council Website

43

Signage

33

Instagram

31

Twitter

15

Other

45

TOTAL

1,361

*People surveyed were able to give more than one source of information.

Survey Responses on the Experience and Importance of the Activities

RESPONSE

NUMBER

PERCENTAGE

Good for Tourism, Visitors, Economy and Businesses

187

28%

Builds a sense of community

159

24%

Good for promotion of Geelong

96

14.4%

Good for children and families

85

12.6%

Develops / Strengthens Christmas Spirit

78

11.6%

Not Good Value / Expensive

35

5.2%

Great experience

28

4.2%

TOTAL

668

100%

*This was an optional question, so not all people surveyed responded.

The Christmas in Geelong program is very complex and planning for the 2016 event needs to commence immediately if we are to deliver the program successfully.

The most complex component of the program and most visited, is the Iconic Floating Christmas Tree, and it is also the component that requires the most preparation.

The Iconic Floating Christmas Tree was delivered in 2015 via a number of subcontracts which were administered by the Capital Projects department. As the value of these contracts is significant any future installation of the Iconic Floating Christmas Tree will need to occur via formal quotation and tender processes to comply with Council and Local Government Act requirements.

The lead time for the Iconic Floating Christmas Tree installation, dismantle, storage and maintenance contracts is significant and these timeframes combined with procurement requirements mean that these processes need to start in early 2016.

To ensure delivery of the Iconic Floating Christmas Tree for 2016 Council needs to recommit to the program and project.

Whilst officers were able to deliver the Iconic Floating Christmas Tree for approximately $340,000 in 2015 we have become aware of some additional costs which are likely to impact future installations. These additional costs include maintenance, cleaning, lighting, storage, anchoring, security and transport.

There was an overspend in 2015 relating to storm damage, vandalism, stevedoring, storage and the unscheduled lighting change out of respect for France.  

Officers are aware that both the 2014 and 2015 installation of the Iconic Floating Christmas Tree occurred with considerable in-kind support from organisations who received non financial benefits as a result of their involvement, such as publicity.

We are unsure as to how long this support is likely to continue and therefore need to budget for the worst case scenario. However, we can confirm that the Port of Geelong has committed to providing support to the project by waiving direct port costs with an estimated value of $100,000.

We are also aware that the status quo lighting component of the tree is significantly greater than the fee paid in 2015. Any improvement to the lighting show would require funding above that currently detailed in the 2016/17 budget estimate.

Preliminary work has been done with a specialist business with regard to sponsorship opportunities in an effort to reduce future costs associated with the Iconic Floating Christmas Tree’s annual installation.

Feedback from two independent sponsorship specialists has indicated that commencing the sponsorship process mid calendar year is too short a timeframe as many organisations will have set and allocated their budgets already. 

We have been advised that any potential sponsor considering or being presented with a proposal for a significant level of investment would need at least 3-6 months consideration.

Thirdly we were advised the certainty of a product like the tree has to be established before commencing discussions with potential sponsors. Commencing sponsorship discussions without the known commitment to deliver the Iconic Floating Christmas Tree in 2016 could harm Council’s reputation.

Therefore a decision on the future of the Iconic Floating Christmas Tree needs to be made quickly to allow Council to ‘go to the market’ to allow the best opportunity for sponsorship offers.

There are some Legislative limitations on what can be offered to sponsors in the form of commercial branding in and around the Iconic Floating Christmas Tree. Having the State empathetic and flexible to the sponsorship needs and opportunities would improve the chances of securing sponsors. Given the timelines we will need to work with the Victorian Government to see what can be achieved. The limitations will be reflected in the offer to potential sponsors.

It is proposed that a report be presented to Council outlining the challenges and identifying options to address some of these issues.

This process may be lengthy and is likely to limit the level of sponsorship that would be achievable in 2016 but can only commence once Council confirms that the activity is definitely proceeding for 2016 onwards.


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

If Council determines to proceed with the delivery of the Iconic Floating Christmas Tree in 2016, a budget allocation of approximately $400,000 is required.

Independent advice has indicated the need for a timely decision on the Christmas tree to ensure the greatest opportunity to procure sponsorship and to commence the process of seeking amendments or exemptions to current limitations on commercial advertising on the tree.

The Geelong Port has committed to providing access to the port free of charge for the 2016 tree installation, a commitment which is valued at approximately $100,000.


Policy/Legal/Statutory Implications

All policy, legal and statutory implications associated with this project will be managed by the Capital Projects and Events, Central Geelong and Waterfront Departments.


Alignment to City Plan

The Christmas in Geelong program aligns 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, Council’s reputation and budget.

Due to the short timeframes for quotation submissions and the uniqueness of the project, there remains a risk of unexpected financial costs occurring. Council Officers will actively seek to mitigate all risks if the project proceeds.

With large numbers of people at the opening nights of the Iconic Floating Christmas Tree and the City Hall Projections, extra safety measures need to be put in place to maintain a safe environment.


Social Considerations

The Geelong Christmas program attracted 213,500 people into the City. This included 123,000 people visit the Iconic Floating Christmas Tree during the Christmas period.


Human Rights Charter

It is not evident or likely that this report would negatively impact any of the rights contained in the Charter of Human Rights.


Consultation and Communication

The Christmas program is promoted on the City of Greater Geelong’s website, via social media and through local media outlets.


[Back to List]

8. Caretaker Policy Council Elections and General Signage (Including Electoral Advertising Signs) Policy

Portfolio:

Governance – Cr Lyons (Mayor)

Source:

CEO - Internal Ombudsman and Governance Advisor

CEO:

Kelvin Spiller

Index Reference:

Council General Election 2016


Purpose

For Council to adopt the updated Caretaker Policy (Council Elections) and the General Signage (Including electoral Advertising Signs) Policy.


Summary

Cr Heagney moved, Cr Harwood seconded -

That Council adopt:

  1. The Caretaker Policy Council Elections CPL45.5 Appendix 1;

  2. The General Signage (including Electoral Advertising Signs) on Council Road Reserves and Land Policy CPL45.8 Appendix 2.

Cr Nelson left the meeting room at 9:56pm

Carried.


Background

Recent amendments to the Local Government Act 1989 (The Act), specifically s93B, requires council to adopt and maintain an election period policy by 31 March 2016.

Council’s previous caretaker policy was adopted on 24 April 2012 and updates to the policy take into consideration changes to the Act, The Local Government Investigations and Compliance Inspectorate Information Bulletin No.4 August 2012 and the recent LGPro Caretaker Workshop Series 2016.

The General Signage (including electoral Advertising Signs) on Council Road Reserves and Land Policy has been updated as a result of the adoption of the Neighbourhood Amenity Local Law 2014.


Discussion

The policy has been updated to ensure that council elections are not compromised by inappropriate electioneering by existing councillors and to safeguard the authority of the incoming council.

In accordance with the Act the policy must cover three matters:

The caretaker policy must be transparent and accessible to ensure that the general elections are conducted in a manner which is fair and equitable.

There are a variety of issues and considerations that need to applied to council’s daily operations during the caretaker period in order for councillors and staff to comply with the requirements and spirit of the Act.

The Caretaker Policy articulates how the business of council will be conducted prior to an election, including:


Major Policy Decisions

Section 93A of the Act prohibits council from making major policy decisions during the caretaker period, which relate to the appointment, dismissal and remuneration of the Chief Executive Officer and committing to contracts or entrepreneurial ventures in excess of $1,819,030 (14/15 rates revenue).


Use of Council Resources

Council’s equipment and resources must not be used for election purposes. Council staff cannot undertake any tasks that are either directly or indirectly connected with a candidate’s election campaign. Councillor budgets for allocations such as seminars/training and attendance at conferences will be on a pro-rata basis from the commencement of the financial year to the election date.


Information

While it is important for sitting councillors to continue to receive information that is necessary to fulfil their elected roles, there are serious penalties pursuant to s76D of the Act for any councillor who inappropriately makes use of their position to gain an advantage.


Council Communications and Publications

Section 55D of the Act imposes restrictions on publications during caretaker period. Publications need to be impartial and will require the Chief Executive Officer certification. No media advice or assistance will be provided to councillors regarding election campaign matters.


Public Consultation

During the caretaker period public consultation will be limited. While consultation is an integral part of council’s operations, there are concerns that consultation undertaken close to a General Election may become an election issue in itself, and influence voting.


Functions and Events

Council organised events and functions will be minimised during the election period and shall relate only to legitimate council business.


Travel and Accommodation

Councillors should not travel interstate or overseas in their capacity as an incumbent councillor. Attendance by the Mayor (or nominee) at a delegation or forum which is imperative to Council’s interests may be approved by resolution of Council. If consideration by council is impractical, the Chief Executive Officer may determine the issue.


Advice to Candidates

Any advice or material will be made available to all candidates. All election related matters from candidates, whether current councillors or candidates will be directed to the Returning Officer.

General Signage (Including Electoral Advertising Signs) On Council Road Reserves and Land

Council’s General signage policy has been amended to acknowledge the updated Neighbourhood Amenity Local Law 2014. It provides advice on the placement of general signage (including electoral advertising signs) on any Council land, municipal building or road whilst providing protection of community safety and amenity.


Monitoring the Policy

The Chief Executive Officer will attempt to resolve any issues in relation to this policy in first instance. There are specific penalties for breaches of the Act which may be applicable to councillors, the chief executive officer or staff. Council’s policy and procedures are designed to mitigate such breaches occurring.

Following the General Election on 22 October 2016, council must continue to maintain the election period policy by reviewing, and if required, amending no later than 12 months before the commencement of each subsequent general election period.


Environmental Implications

There no environmental implications arising from this report.


Financial Implications

It is important that any contracts which are likely to fall due in the caretaker period are identified and actions implemented to ensure that the business of council is able to proceed. Any contracts or ventures in excess of $1,819,030 (14/15 rates revenue).which may be required to be entered into will require Ministerial approval.


Policy/Legal/Statutory Implications

These policies provide clarity about how council business is to be conducted throughout the caretaker period and to ensure council maintains the highest standards of good governance.


Alignment to City Plan

How We Do Business


Officer Direct or Indirect Interest

No officers involved in the preparation of this report have either a direct or indirect interest.


Risk Assessment

By adopting these policies and procedures, council will be able to demonstrate to the community how we will conduct business immediately prior to an election. Council’s policy has been updated to mitigate breeches to the Act.


Social Considerations

Caretaker provisions are standard for all levels of government during elections.


Human Rights Charter

This policy considers the key principles of human rights such as fairness, equity and accessibility.


Consultation and Communication

Council has considered guidance available from Local Government Victoria, Local Government Investigations and Compliance Inspectorate, LGPro and other Councils, in amending our existing policy.

The updated policy will be made public on council’s website and available in hardcopy for inspection. All councillors will be provided with a copy.


[Back to List]

9. Councillor Portfolios 2016

Portfolio:

Governance - Cr Lyons (Mayor)

Source:

Strategy and Performance - Customer Service and Council Business

General Manager:

Dean Frost

Index Reference:

Council Reports 2016


Purpose

To assign portfolio responsibilities to individual Councillors for 2016.


Summary

Cr Heagney moved, Cr Farrell seconded -

That Council:

  1. adopts the portfolio structure set out in Appendix 1;

  2. instructs officers to review the portfolio structure prior to the 2016 General Elections.

Cr Nelson re-entered the meeting room at 10:00pm

Carried.


Background

Councillor Portfolio responsibilities were introduced early in 1998 to enable Council to better conduct its business by having Councillors that were more intensively involved in a specialist area of the Council’s policies and strategic planning.

The portfolio system has evolved since this time, reflecting the changing structure of the Council and the focus of individual councillors.


Discussion

Portfolio responsibility provides the Council with the benefit of having individual Councillors, who are informed regarding issues relating to their portfolios.

Consequently, the portfolio holder is generally in a strong position to provide leadership and direction on policy development and strategic planning in their area of responsibility.

The portfolio role includes:

The Mayor, as the elected leader, retains overall responsibility as spokesperson on behalf of the Council. The allocation of portfolios enables councillors to provide leadership and direction on policy development and strategic planning in their area of responsibility, and to act as spokesperson on portfolio issues.

The portfolio system is reliant on portfolio holders providing adequate advice to fellow councillors informally, or by presenting information through Councillor Briefings.

Close liaison should also be maintained between the portfolio councillor and ward councillors in circumstances where portfolio issues specifically impact on a particular ward.

Whilst it is acknowledged that the portfolio system is an effective and efficient approach for the City, given the size and complexity of the municipality, it would be timely to review of the number and methodology of establishing portfolios prior to the next Council elections.

Portfolios are set out in Appendix 1.


Environmental Implications

The assignment of a portfolio to individual councillors is seen to provide the most effective means for Council to be made aware of the environmental issues being considered.


Financial Implications

There are no financial implications arising from this report.


Policy/Legal/Statutory Implications

The portfolio structure is reviewed annually and has served Council well to date.


Alignment to City Plan

All portfolios align with City Plan objectives of Community Wellbeing, Growing the Economy, Sustainable and Built Environment and also How We Do Business.


Officer Direct or Indirect Interest

No officer involved in the preparation of this report had a direct or indirect interest.


Risk Assessment

No significant risks are anticipated. Portfolio holders should always confirm the accuracy of any information before commenting to the media. Councillors are encouraged to consult with the Chief Executive Officer or relevant General Manager for clarification.


Social Considerations

The assignment of a portfolio to individual councillors is considered to provide the most effective means for Council to be made aware of the community needs being considered by Council, and adopted by City Plan.


Human Rights Charter

No human rights are impacted by the contents of this report. Most portfolios align with the principles of the Human Rights Charter.


Consultation and Communication

Once Council has decided on its preferred position, an appropriate communication action will be developed and implemented.


[Back to List]

10. Committee Representation 2016

Portfolio:

Governance - Cr Lyons (Mayor)

Source:

Strategy and Performance - Customer Service and Council Business

General Manager:

Dean Frost

Index Reference:

Council Reports 2016


Purpose

To advise Council of the Mayoral appointments of Councillors to committees and for Council to appoint Councillors to act as Council’s Representative on various committees for 2016.


Summary

Cr Heagney moved, Cr Farrell seconded -

That Council:

  1. endorses the Committee appointments as set out in Appendix 1 and notes Appendix 2;

  2. instructs officer to review the committee structure prior to the 2016 General Elections.

Cr Lyons vacated the Chair at 10:02pm

Cr Harwood assumed the Chair at 10:02pm

Carried.


Background

This report lists organisations and committees to which the Mayor and Council appoints nominated Councillor Representatives.

Appendix 1 set outs the proposed Councillor Representation on those Committee’s that fall outside the scope of Mayoral appointments in accordance with the City of Greater Geelong Act 1993.


Discussion

The City of Greater Geelong Act 1993 (The Act) gives the Mayor the power to appoint Councillors to certain committees.

Section 11E(I)(a) of the Act allows for the Mayor to appoint Councillors to ‘bodies’:

Council’s ‘entitlement’ to representation can be clarified where there is specific provision within the external Committee’s articles of association, terms of reference or charter for the appointment of a City of Greater Geelong Councillor. The Mayor cannot appoint a Councillor to a committee for which remuneration is given. Such an appointment must be determined by Council.

The Mayor’s power to appoint Councillors under section 11E(1)(b) is limited to their appointment:

Mayoral appointments for 2016 are set out in schedule in Appendix 2 and do not require formal Council endorsement.

Appendix 1 sets out appointments to committees by Council.

It is important for councillors to understand that the roles and responsibilities may vary, depending on the position for which they are being nominated.

External Legal Entities - Where a councillor or an officer is nominated to the Board of a separate legal entity, the nominee takes on fiduciary responsibilities in accordance with the Corporations Act, and they are required to act in the best interests of that company or entity. Such responsibilities can raise issues that relate to:

Council Advisory Committee - There is no formal decision making that can be made in an advisory capacity on behalf of Council, but rather, recommendations arising from the deliberations of the committee may come to Council for consideration and final adoption. The Appendix to this report outlines the proposed appointments to internal and external committees and organisations.

Representation on committees provides council with an important link to improve the social, environmental and financial wellbeing of our community. To ensure that the existing representation on committees remains relevant and aligns to council’s strategic objectives as well as Councillor’s roles and responsibilities, it is recommended that a review be conducted prior to the 2016 General Elections.


Environmental Implications

Nominations to a number of organisations provide a link to the community to enhance the management of the region’s environment.


Financial Implications

Funding arrangements (where in place) are provided within Council’s budget parameters. There are no specific implications in appointing representatives to the various committees.


Policy/Legal/Statutory Implications

Mayoral and Council appointment of representatives to committees and external organisations are reviewed annually.

Special Committee (s86) Meetings are open to the public, except where matters of a confidential nature, as prescribed by the Act, are to be considered. These committees may be delegated various responsibilities by the Council, including the expenditure of monies and entering into contracts.

Advisory Committees are formed to provide advice to Council on various matters. They do not have the authority to act on behalf of the Council. They may be appointed for a short term task or on an ongoing basis. Records of meetings are kept, along with declarations of interest, and such records are required to be available to the public.

External Committees are not administered by Council.


Alignment to City Plan

All committee appointments align with the City Plan objectives of Community Wellbeing, Growing the Economy, Sustainable and Built Environment, and also How We Do Business.


Officer Direct or Indirect Interest

No officer involved in the preparation of this report had a direct or indirect interest.


Risk Assessment

Depending on the nature of the relationship, the risks to Councillors and officers can relate to matters of:


Social Considerations

Nomination to these organisations maintains an important link into the community for the purpose of identifying and responding to the social needs of the community


Human Rights Charter

No human rights are impacted by the contents of this report. Appointment to Committees will generally align with the principles of the Human Rights Charter.


Consultation and Communication

Once Council has decided on its preferred position, an appropriate communication action will be developed and implemented.


[Back to List]

11. Boundary Realignment – Fyansford and Herne Hill

Portfolio:

Governance - Cr Lyons (Mayor)

Source:

Strategy and Performance - Financial Services

General Manager:

Dean Frost

Index Reference:

Subject/Financial Management - Reporting
Subject/Roads, Footpaths and Streets


Purpose

To seek approval to begin an investigation to realign the suburb locality boundary between Fyansford and Herne Hill due to the encroachment of residential property development across locality boundaries (Appendix 1).


Summary

Cr Heagney moved, Cr Nelson seconded -

That Council begin the process of investigation into the boundary of Fyansford and Herne Hill with the view to realign the suburb locality boundary.

The Mayor resumed and Chair at 10:05pm

Carried.


Background

Current subdivisions are creating properties that have become dissected into two separate suburb localities (i.e. half property in Fyansford with the other half in Herne Hill - refer Appendix 1).

Real Estate Agents are incorrectly advertising properties as Fyansford that are officially in Herne Hill.

There is a need to realign the current boundary to incorporate newly created properties within the Fyansford locality. Any change would need to align the suburb locality with the residential zoning.


Discussion

There is a need to realign part of the boundary between Fyansford and Herne Hill to align with the current development occurring.

Retaining the current boundary alignment will cause confusion with emergency services, owners and visitors to the area.

The investigation will look at the least disruptive way to ensure properties are located within the same suburb locality. The option under investigation that will have minimal impact is to have part of the Fyansford western boundary move east to align with the ridge line and to run north from Hyland Street to meet the existing north boundary with Hamlyn Heights at Church Street. The proposed western boundary would run along the western property alignment of Barwon Water’s Montpellier-Lovely Banks water main property.

The suggested realignment has direct impact on two property owners who are the subdivision developers in the affected area.


Environmental Implications

There are no environmental issues arising from this report.


Financial Implications

The approximate cost to Council is $300.00. This includes advertising and notification to adjoining property owners.


Policy/Legal/Statutory Implications

The Local Government Act 1989, the Geographic Place Names Act 1998, the Guidelines for Geographic Names 2010 and Council policy need to be adhered to.


Alignment to City Plan

This proposal aligns to City Plan with the encouragement of Community Wellbeing.


Officer Direct or Indirect Interest

There is no Council Officer direct or indirect interest involved in this report.


Risk Assessment

The realignment of these boundaries will allow for clearer identification to the public and utility services in case of an emergency.


Social Considerations

The realignment of this section of boundary will minimise confusion to residents and visitors to the area.


Human Rights Charter

It is the right of every resident and property owner for their property to have a unique address in order to receive services and reduce confusion or delay of emergency services.


Consultation and Communication

Following Council approval of the commencement of this investigation, a letter will be sent to all affected property owners seeking their suggestions or alternative views. Advertisements will appear in local newspapers and notification will be placed on Council’s website.

Submissions under the Guidelines can be received from property owners and any other interested parties within a 30 day statutory period.


[Back to List]

12. Pioneer Road, Grovedale – Proposed Footpath Construction SRC344 – Intention to Declare

Portfolio:

Infrastructure, Parks and Gardens - Cr Ellis

Source:

City Services - Engineering Services

General Manager:

William Tieppo

Index Reference:

Special Rates and Charges
Pioneer Road, Grovedale


Purpose

This report seeks a resolution by Council to consider an intention to declare a Special Charge Scheme to partially fund the construction of a footpath along the south side of Pioneer Road, Grovedale between the Surf Coast Highway and Beltana Street. (See plan – Appendix 4).


Summary

Cr Ellis moved, Cr Richards seconded -

That Council:

Gives notice of its intention to declare a Special Charge Scheme in accordance with Section 163 (1A) 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 completion of the works and scheme finalisation.

  2. The Special Charge be declared for the purpose of defraying any expenses incurred by Council in relation to the construction of the footpath on Pioneer Road between the Surf Coast Highway and Beltana Street, Grovedale which:

    1. Will provide proper pedestrian access, improved pedestrian safety and enhancement to the general amenity for 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 providing infrastructure for property owners.

  3. The total cost of project, be recorded as $228,147(Schedule A).

  4. It be recorded that, for the purposes of Section 163 (2A) 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 0.32 represents the special benefits to all persons liable to pay the special charge (Schedule B);

    2. ‘total cost’ (C) of performing the function described in part 1 (b) of this resolution based on estimated cost be recorded as $227,280; and

    3. ‘maximum levy’ (S) be recorded as $73,148.

  5. the following be specified as the area for which the special rate is so declared:

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

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

    1. land within the area shown on the plan.

  7. 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.

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

    1. Each lot receives a primary access and amenity benefit;

    2. The maximum levy is divided equally on an access and frontage share basis;

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

  9. 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 of Schedule C to the resolution are estimated liable for the respective amounts set out in column 8 of Schedule C; 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. interest will not be charged for six months after the issue of the notice provided the person liable makes timely payment in accordance with any repayment arrangements that may be agreed on by Council; and

      3. in accordance with Section 172 of the Act, the interest rate payable on the special charge which has not been paid by the specific 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).

  1. Authorise Council’s Chief Executive Officer to levy the Special Charge in accordance with Section 163 (4) of the Act.

Carried.


Background

Existing footpaths are in place along the majority of Pioneer Road, Grovedale except for the south side of the road between Beltana Street and the Surf Coast Highway. This road is busy, with over 10,000 vehicles per day using the road (traffic count data December 2011). Our planning scheme determines that roads of this nature require footpaths on both sides.

Requests from residents and the wider community have been received by Council over the years for the need of a footpath along this section. A footpath here is considered to be an important link in Council’s priority footpath network.

The affected property owners were advised of the scheme proposal via a mail out in June 2015. The mail out included the cost estimate, estimated charges to property owners, the Benefit Ratio calculation, a plan and a Special Rates and Charges Brochure. The mail out also included a survey and out of the 28 properties affected by the scheme, 19 property owners responded.

The results included four (4) yes votes for the proposed footpath, 13 no votes and two (2) property owner stating ‘in principal’ support but objecting to the charge.


Discussion

When considering the Benefit Ratio for this footpath, it is reasonable that a majority of cost be apportioned to the community benefit when investigating pedestrian use of the path. With a calculated Benefit Ratio of 0.32, a majority of funding for this scheme would be coming from Council. The average cost per property is estimated at $2,612 which is slightly higher than some recent schemes.

Of the survey results, there is a majority of objection to the scheme. Of those opposing the scheme, concerns raised and corresponding officer considerations include:

Cost apportionment for the scheme has been divided into access and amenity benefits. It is considered that all abutting properties with direct frontages to the proposed new footpath, regardless of size and shape, receive the same access benefit. Corner properties have received a reduced access benefit due to their double frontage. These properties may potentially be charged for future footpath schemes along their second frontage.

80% of the total benefit has been apportioned to access given the purpose of the scheme. The access benefit includes the provision of an all weather sealed surface that reduces the risk of accidents caused by uneven and slippery surfaces. A new footpath also eliminates the nuisance affect of dust and mud. In simple terms, a new footpath improves accessibility for all abutting properties.

The remaining 20% of benefit is attributed to amenity and this can best be described as the benefit the pathway provides to an abutting property by way of improved aesthetics, safety, enjoyment, comfort and property value. The amenity benefit is based on the actual footpath frontage to a property when existing driveway extents are taken into consideration. This is known as the apportion-able frontage and is shown at Column 4 of Schedule C.

As Council will be funding the majority of works, legislation says that the property owners have no voting rights to this proposal. This means that a majority of objection will not render the scheme invalid and Council has a right to ‘impose’ a charge. This should be a consideration for Council in making its ‘intention to declare’ this scheme

Environmental Implications

The provision of a sealed pathway provides a permanent and safe means of access. During construction and the manufacture and procurement of materials, energy is used resulting in some greenhouse gas emissions. This stops when construction is complete.

The project does not create waste with the exception of some excavated material.

The proposal does not affect any natural habitats.

The proposal may require some nature strip and property trees and shrubs to be trimmed but removal of vegetation is not expected.


Financial Implications

The project is a one off capital cost and there will be minimal ongoing maintenance costs. If approved, the scheme could proceed this financial year as funding is currently allocated in project C02303 SRC footpath construction program.

Financial details are as follows:

Maximum scheme levy to Property Owners (income)

$73,148

Scheme levy to Council

$154,132

Direct Funding by Council to reinstate driveways.

$867

Total Project Cost

$228,147

From the table above, the total net cost to Council for this project is estimated to be $154,999.


Policy/Legal/Statutory Implications

The scheme has been prepared in accordance with the Special Rate and Charge provisions of the Local Government Act 1989, the 2004 ministerial guidelines, Council’s Special Rates and Charges Policy and community engagement guidelines.


Alignment to City Plan

This report aligns with the City Plan as follows:

Sustainably Built and Natural Environment


Officer Direct or Indirect Interest

In preparing this report, no Council officer has any direct or indirect interest in the properties affected by the scheme.


Risk Assessment

Provision of a sealed pathway will provide safer walking conditions for pedestrians by minimising the risk of personal injuries through conflict with vehicles and the elimination of uneven and slippery surfaces.

There are no identified risks for Council in making its intention to declare the scheme.


Social Considerations

The provision of properly sealed and drained pathways is aligned to Council’s City Plan as described above and provides improved connectivity and safety for pedestrians. It is further considered that the footpath will enhance the general amenity of the area.


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 adverse human rights issues.

It is further considered that the construction of the footpath upholds the right to freedom of movement (Section 12 of the Human rights Charter) by enhancing a person’s ability to move freely within the area they choose to live.


Consultation and Communication

Community consultation for the footpath construction Special Charge Scheme has been carried out as follows:

2 June 2015 – Initiation letter including a concept plan, cost estimate, apportionment of charges, Benefit Ratio Calculation and survey to property owners.

Some phone calls have been fielded in response to the initiation mail out. Further correspondence will be sent to all affected property owners should Council resolve to make its intention to declare the Special Charge Scheme.


Appendix 1

SCHEDULE ‘A’

The works for the construction of a footpath in Pioneer Road, Grovedale which consist of excavation, concrete footpath, reinstatement of nature strip, 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 CONSTRUCTION OF FOOTPATH – Pioneer Road, GROVEDALE

Estimated total cost of footpath construction

ITEM

DESCRIPTION

QUANTITY

UNIT

RATE
$

AMOUNT
$

1.01

Initial site establishment and set up, decamping and site cleanup and other fixed costs up to time of completion of works.

1

ITEM

$20,360

$20,360

1.02

Traffic management costs.

1

ITEM

$9,500

$9,500

1.03

Setting out of works.

1

ITEM

$1,000

$1,000

1.04

Service/Cable locations

1

ITEM

$1,000

$1,000

1.05

Internal supervision fee (COGG construction)

1

ITEM

$9,600

$9,600

2.01

Excavation and disposal of all materials to limits of work as indicated on plan, including trimming for new road pavement, excavation of soft spots and removal of concrete.

285.3

m3

$60

$17,118

2.02

Placement and consolidation of engineered fill with approved materials in preparation for new works.

69.7

m3

$60

$4,182

2.03

Trimming/Removal and disposal of shrubs/trees as per plan.

1

ITEM

$2,000

$2,000

2.04

Saw-cut of concrete paving

41

m

$10

$410

2.05

Saw-cut of concrete kerb and channel

36.3

m

$10

$363

2.06

Removal and disposal of 125mm thick concrete as specified.

51.4

m2

$60

$3,084

3.01

Concrete pram crossing 1.5m wide, including fine crushed rock bedding.

8.0

No.

$250

$2,000

3.02

125mm (25 Mpa) concrete paving with SL72 mesh including crushed rock bedding and reinstate nature strip.

793.6

m2

$135

$107,136

4.01

Top soiling and seeding nature strips.

1186.2

m2

$8

$9,489

5.01

Adjust level of existing services lid as required.

1

ITEM

$2,000

$2,000

Sub-Total

$189,243

 

$18,924

Design

$9,462

Project Administration

$9,651

Construction Cost Estimate

$227,280



Estimated cost for driveway reinstatement

ITEM

DESCRIPTION

QUANTITY

UNIT

RATE
$

AMOUNT
$

1.02

Traffic management costs.

1

ITEM

$500

$500

2.01

100mm compacted depth Class 1 20mm crushed rock, supplied, spread and compacted.

2.4

m3

$120

$288

Sub-Total

$788

10% Contingency

$79

Construction Cost Estimate

$867



Appendix 2

Benefit Ratio – Schedule ‘B’

A

Purpose

To construct a footpath in Pioneer Road, Grovedale to provide all weather pedestrian access for property owners and the wider community.

 

 

 

 

 

 

 

 

B

Coherence

The works will provide a physical pathway connection between Beltana Street and Surfcoast Highway and will provide a special benefit to adjoining and remote properties.

 

 

 

 

 

 

 

 

C

Total Cost C

Total Estimated cost of works - footpath construction

$228,147.00

Direct funding by Council to reinstate driveway

 

 

 

$867.00

 

 

 

 

TOTAL COST

 

$227,280.00

D

Identify Special Beneficiaries

28 properties with frontages to the proposed footpath are considered to receive access and amenity benefits.

 

 

 

 

 

 

 

 

E

Properties to include

The 28 abutting properties receive both access and amenity benefits. Therefore:

 

Total Special Benefits (in) is apportioned to 28 properties

 

There is one Council owned property that is not subject to the special charge. Therefore: Total Special Benefits (out) is one Council owned property

 

 

 

 

 

 

 

 

F

Estimate of Total Special Benefits

Benefit will be apportioned on the basis of access and amenity by way of a Benefit Unit (BU). We shall assume that the makeup of the BU for each of the private properties comprises 1/2 BU of amenity benefits and 1/2 BU of access benefits.

 

The Council owned property shares the same access benefit and amenity benefit as the private properties. A summary of the special benefits is shown in table form below:

 

 

28 private properties TSB (in)

1 Council Property TSB(out)

TSB (in)

28

BU

 

Access

14 BU

0.5 BU

 

 

 

 

Amenity

14 BU

0.5 BU

 

 

 

 

Total Special Benefits

28 BU

1.0 BU

TSB (out)

1

BU

 

 

 

 

 

 

 

 

G

Estimate of Total Community Benefit -TCB

 

It is estimated that the wider community will use the footpath 80% of the time and the benefiting property owners 20%. There are no amenity benefits associated with the community benefit. If 20% of access benefits totals 14.5 BU for properties in and out of the scheme, then 80% will represent 58 BU.

 

 

 

 

 

TCB

58

BU

 

H

Calculate "Benefit Ratio" - R

 

Benefits Ratio =

TSB (in)

=

28

 

0.321839

 

 

 

 

TSB (in) +TSB (out) + TCB

 

28 + 1 + 58

 

 

 

 

 

 

 

 

 

 

 

 

I

Maximum Total Levy (S)

 

Maximum Total Levy S = R X C

 

 

 

 

 

$73,147.59

 

Council Contribution to Special Charge Scheme

 

 

 

 

 

$154,132.41



Appendix 3

SCHEDULE ‘C’

SPECIAL CHARGE SCHEME FOR FOOTPATH CONSTRUCTION

PIONEER ROAD, GROVEDALE

 

COLUMN 1

COLUMN 2

COLUMN 3

COLUMN 4

COLUMN 5

COLUMN 6

COLUMN 7

COLUMN 8

 

PROPERTY ADDRESS

FRONTAGE (metres)

ALLOWANCE FOR DRIVEWAY

APPORTIONABLE FRONTAGE (metres)

ACCESS BENEFIT UNIT

ACCESS BENEFIT

AMENITY BENEFIT

ESTIMATED COST ( $ )

1

3-7 Pioneer Road, GROVEDALE

63.07

2.53

60.54

1

$2,388.49

$1,747.44

$4,135.93

2

13 Pioneer Road, GROVEDALE

16.50

2.91

13.59

1

$2,388.49

$392.32

$2,780.81

3

15 Pioneer Road, GROVEDALE

16.94

2.62

14.32

1

$2,388.49

$413.33

$2,801.83

4

17 Pioneer Road, GROVEDALE

16.76

2.60

14.17

1

$2,388.49

$408.89

$2,797.38

5

1 Jennifer Court, GROVEDALE

30.48

9.23

21.25

0.5

$1,194.25

$613.49

$1,807.74

6

19 Pioneer Road, GROVEDALE

16.76

5.08

11.69

0.5

$1,194.25

$337.30

$1,531.55

7

21 Pioneer Road, GROVEDALE

16.76

2.07

14.69

1

$2,388.49

$423.96

$2,812.45

8

23 Pioneer Road, GROVEDALE

24.89

4.23

20.66

1

$2,388.49

$596.34

$2,984.84

9

1/25 Pioneer Rd, GROVEDALE

20.73

-

20.73

0.5

$1,194.25

$598.28

$1,792.52

10

27 Pioneer Road, GROVEDALE

20.12

-

20.12

0.5

$1,194.25

$580.70

$1,774.94

11

29 Pioneer Road, GROVEDALE

20.12

2.65

17.46

1

$2,388.49

$504.12

$2,892.61

12

31 Pioneer Road, GROVEDALE

20.12

2.98

17.13

1

$2,388.49

$494.56

$2,883.06

13

33 Pioneer Road, GROVEDALE

20.37

2.51

17.86

1

$2,388.49

$515.46

$2,903.95

14

35 Pioneer Road, GROVEDALE

15.24

-

15.24

0.5

$1,194.25

$439.92

$1,634.17

15

2 Westminster St, GROVEDALE

32.79

-

32.79

0.5

$1,194.25

$946.55

$2,140.79

16

37 Pioneer Road, GROVEDALE

15.24

-

15.24

1

$2,388.49

$439.92

$2,828.41

17

39 Pioneer Road, GROVEDALE

22.54

-

22.54

1

$2,388.49

$650.64

$3,039.13

18

41 Pioneer Road, GROVEDALE

16.76

2.70

14.07

1

$2,388.49

$406.03

$2,794.52

19

43 Pioneer Road, GROVEDALE

16.76

2.94

13.83

1

$2,388.49

$399.16

$2,787.65

20

45 Pioneer Road, GROVEDALE

16.76

3.12

13.64

1

$2,388.49

$393.85

$2,782.34

21

47 Pioneer Road, GROVEDALE

16.76

2.74

14.03

1

$2,388.49

$404.88

$2,793.37

22

49 Pioneer Road, GROVEDALE

16.76

3.25

13.51

1

$2,388.49

$390.04

$2,778.53

23

51 Pioneer Road, GROVEDALE

16.76

2.98

13.79

1

$2,388.49

$398.03

$2,786.53

24

53 Pioneer Road, GROVEDALE

16.76

-

16.76

1

$2,388.49

$483.91

$2,872.40

25

55 Pioneer Road, GROVEDALE

16.76

3.98

12.79

1

$2,388.49

$369.08

$2,757.57

26

57 Pioneer Road, GROVEDALE

16.76

3.01

13.76

1

$2,388.49

$397.17

$2,785.66

27

59 Pioneer Road, GROVEDALE

18.29

2.90

15.39

1

$2,388.49

$444.25

$2,832.74

28

59A Pioneer Road, GROVEDALE

15.24

-

15.24

0.5

$1,194.25

$439.92

$1,634.17

 

Total

$73,147.59



Attachment 1

PROCESS CHART

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

PIONEER ROAD, GROVEDALE – PROPOSED FOOTPATH

Stage

Status

Description

Approval to prepare scheme

✓

Decision made to prepare scheme following consideration of surveys of residents and feed back from the community. Council may then place the project in the budget system or proceed immediately to prepare a scheme. Scheme preparation involves survey, design and preparation of an apportionment of costs. June 2015

Intention to Declare Scheme

✓

Report to Council providing information on scheme including advice of impending advertising of scheme and declaration of charge. Seeks Council approval by resolution to proceed with process.

Advertisement

 

The scheme is advertised in the local newspaper and all allotted property owners are notified by mail. This advertisement indicates Council’s intention and notification to ‘declare’ a scheme in a month’s time or at a subsequent meeting.

Submissions

 

From the time of advertising property owners have 28 days (as set down by the Local Government Act) to lodge submissions, either in support or opposition to the scheme.

Submissions Review Panel Hearing

 

A Submissions Review Panel is convened if required (quorum of three Councillors) and meets to consider submissions. Some submissions are written only, and other submitters may wish to be heard before the Panel. The Panel makes a recommendation to Council regarding the scheme.

Declaration Report

 

Any time 28 days after advertising the scheme and after the Submissions Review Panel has met and considered submissions, Council considers a report and may proceed to “declare” the charges in accordance with its advertised intent.

Subsequent to this the Finance Manager issues the levy notices and there is a formal charge placed on the property.

This is the final step in the process for Council to make a decision on the scheme.

Appeal

 

Property owners may lodge an application for review with the Victorian Civil and Administrative Tribunal (VCAT) within one month of issue of the levy notice. An appeal is listed, heard and determined by the Tribunal and this process generally takes three to four months. Decisions made by VCAT are binding on all parties.

Construction

 

Council may then proceed to construct the works. Invoices are issued seeking payment of the estimated cost within one month of commencement.

Final Cost Report

 

At the completion of the works the scheme is “finalised” taking into account actual costs incurred and payments are adjusted accordingly.


[Back to List]

13. Roslyn Road, Highton – Proposed Footpath Construction – SRC346 – Intention to Declare

Portfolio:

Infrastructure, Parks and Gardens - Cr Ellis

Source:

City Services - Engineering Services

General Manager:

William Tieppo

Index Reference:

Special Rates and Charges
Roslyn Road, Highton


Purpose

This report seeks a resolution by Council to consider an intention to declare a Special Charge Scheme to partially fund the construction of a footpath along the south side of Roslyn Road, Highton between Scenic Drive and Remony Avenue. (See plan – Appendix 4).


Summary

Cr Ellis moved, Cr Richards seconded -

That Council:

Gives notice of its intention to declare a Special Charge Scheme in accordance with Section 163 (1A) 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 completion of the works and scheme finalisation.

  2. The Special Charge be declared for the purpose of defraying any expenses incurred by Council in relation to the construction of the footpath on Roslyn Road between Scenic Road and Remony Avenue, Highton which:

    1. Will provide proper pedestrian access, improved pedestrian safety and enhancement to the general amenity for 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 providing infrastructure for property owners.

  3. The total cost of project, be recorded as $268,714(Schedule A).

  4. It be recorded that, for the purposes of Section 163 (2A) 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 0.32 represents the special benefits to all persons liable to pay the special charge (Schedule B);

    2. ‘total cost’ (C) of performing the function described in part 1 (b) of this resolution based on estimated cost be recorded as $217,096; and

    3. ‘maximum levy’ (S) be recorded as $69,471.

  5. the following be specified as the area for which the special rate is so declared:

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

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

    1. land within the area shown on the plan.

  7. 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.

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

    1. Each lot receives a primary access and amenity benefit;

    2. The maximum levy is divided on an access and frontage share basis;

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

  9. 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 of Schedule C to the resolution are estimated liable for the respective amounts set out in column 8 of Schedule C; 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. interest will not be charged for six months after the issue of the notice provided the person liable makes timely payment in accordance with any repayment arrangements that may be agreed on by Council; and

      3. in accordance with Section 172 of the Act, the interest rate payable on the special charge which has not been paid by the specific 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).

  1. Authorise Council’s Chief Executive Officer to levy the Special Charge in accordance with Section 163 (4) of the Act.

Carried.


Background

Existing footpaths are in place along the majority of Roslyn Road, Highton except for the south side of the road between Scenic Road and Remony Avenue. This road is busy, with over 9,000 vehicles per day using the road (traffic count data February 2014). Our planning scheme determines that roads of this nature require footpaths on both sides.

Requests from residents and the wider community have been received by Council over the years for the need of a footpath along this section. A footpath here will complete a missing link in Council’s priority footpath network and is considered to be a valuable upgrade to pedestrian safety.

The affected property owners were advised of the scheme proposal via a mail out in July 2015. The mail out included the cost estimate, estimated charges to property owners, the Benefit Ratio calculation, a plan and a Special Rates and Charges Brochure. The mail out also included a survey and out of the 24 properties affected by the scheme, 18 property owners responded.

The results included three (3) yes votes for the proposed footpath, 14 no votes and one (1) property owner who remained non committal.


Discussion

For the footpath section as proposed, pedestrian movement is evident by the existence of a well used ‘goat track’ in the nature strip particularly between Remony Avenue and Thornhill Road. This ‘goat track’ becomes less obvious to the west of Thornhill Road due to the steep nature strips and difficult terrain at this location. A footpath here would reduce the necessity of pedestrians crossing the road to the north side footpath.

When considering the Benefit Ratio for this footpath, it is reasonable that a majority of cost be apportioned as the community benefit when investigating pedestrian use of the path. With a calculated Benefit Ratio of 0.32, a majority of funding for this scheme would be coming from Council. The average cost per property is estimated at $2,612 which is slightly higher than some recent schemes.

Of the survey results, there is a majority of objection to the scheme. Of those opposing the scheme, concerns raised and corresponding officer considerations include:

Cost apportionment for the scheme has been divided into access and amenity benefits. It is considered that all abutting properties with direct frontages to the proposed new footpath, regardless of size and shape, receive the same access benefit. Corner properties have received a reduced access benefit due to their second frontage. These properties may potentially be charged for future footpath schemes.

50% of the total benefit has been apportioned to access. The access benefit includes the provision of an all weather sealed surface that reduces the risk of accidents caused by uneven and slippery surfaces. A new footpath also eliminates the nuisance affect of dust and mud. In simple terms, a new footpath improves accessibility for all abutting properties.

The remaining 50% of benefit is attributed to amenity and this can best be described as the benefit the pathway provides to an abutting property by way of improved aesthetics, safety, enjoyment, comfort and property value.

The amenity benefit is based on the actual footpath frontage to a property when existing driveway extents are taken into consideration. This is known as the apportion-able frontage and is shown at Column 4 of Schedule C.


Environmental Implications

The provision of a sealed pathway provides a permanent and safe means of access. During construction and the manufacture and procurement of materials, energy is used resulting in some greenhouse gas emissions. This stops when construction is complete.

The project does not create waste with the exception of some excavated material and green waste.

The proposal does not affect any natural habitats.

The proposal may require some nature strip shrubs to be removed and property trees and shrubs to be trimmed.


Financial Implications

The project is a one off capital cost and there will be minimal ongoing maintenance costs. If approved, the scheme could proceed this financial year. Funding is currently allocated in C15309 Roslyn Road Footpath ($80,000) and the core C02303 Footpath Construction Program ($188,714).

Financial details are as follows:

Maximum scheme levy to Property Owners (income)

$69,471

Scheme levy to Council - $147,625

$199,243

Direct Funding by Council to build support retaining walls and a new pedestrian refuge island at the intersection with Thornhill Road - $51,618

Total Project Cost

$268,714


From the table above, the total net cost to Council for this project is estimated to be $199,243.


Policy/Legal/Statutory Implications

The scheme has been prepared in accordance with the Special Rate and Charge provisions of the Local Government Act 1989, the 2004 ministerial guidelines, Council’s Special Rates and Charges Policy and community engagement guidelines.


Alignment to City Plan

This report aligns with the City Plan as follows:

Sustainably Built and Natural Environment


Officer Direct or Indirect Interest

No Council Officer has any direct or indirect interest in the properties affected by the scheme.


Risk Assessment

Provision of a sealed footpath will provide safer movement conditions for pedestrians by minimising the risk of personal injuries through conflict with vehicles and the elimination of uneven and slippery surfaces.

There are no identified risks for Council in making its intention to declare the scheme.


Social Considerations

The provision of properly sealed and drained pathways is aligned to Council’s City Plan as described above and provides improved connectivity and safety for pedestrians. It is further considered that the footpath will enhance the general amenity of the area.


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 adverse human rights issues.

It is further considered that the construction of the footpath upholds the right to freedom of movement (Section 12 of the Human rights Charter) by enhancing a person’s ability to move freely within the area they choose to live.


Consultation and Communication

Community consultation for the footpath construction Special Charge Scheme has been carried out as follows:

8 July 2015 – Initiation letter including a concept plan, cost estimate, apportionment of charges, Benefit Ratio Calculation and survey to property owners.

Some phone calls have been fielded in response to the initiation mail out. Further correspondence will be sent to all affected property owners should Council resolve to make its intention to declare the Special Charge Scheme.


Appendix 1

SCHEDULE ‘A’

The works for the construction of a footpath in Roslyn Road, Highton which consist of excavation, concrete footpath, retaining walls, reinstatement of nature strip, 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 CONSTRUCTION OF FOOTPATH – ROSLYN ROAD, HIGHTON

TOTAL PROJECT COST

ITEM

DESCRIPTION

QUANTITY

UNIT

RATE
$

AMOUNT
$

1.00

GENERAL

 

 

 

 

1.01

Initial site establishment and set up, decamping and site cleanup and other fixed costs up to time of completion of works.

1.00

ITEM

$24,000.00

$24,000.00

1.02

Traffic management costs.

1.00

ITEM

$8,000.00

$8,000.00

1.03

Setting out of works.

1.00

ITEM

$1,000.00

$1,000.00

1.04

Service/Cable locations

1.00

ITEM

$1,000.00

$1,000.00

1.05

Internal supervision fee (COGG construction)

1.00

ITEM

$11,300.00

$11,300.00

2.00

EARTHWORKS and DEMOLITION

 

 

 

 

2.01

Excavation and disposal of all materials to limits of work as indicated on plan, including trimming for new road pavement, excavation of soft spots and removal of concrete.

300.00

m3

$60.00

$18,000.00

2.02

Saw-cutting of Asphalt paving.

15.00

m

$10.00

$150.00

2.03

Saw-cut of concrete paving

1.00

ITEM

$250.00

$250.00

2.04

Saw-cut of concrete kerb and channel

21.00

m

$10.00

$210.00

2.05

Remove/Trim of overhanging branches of trees and disposal.

10.00

ITEM

$1,000.00

$10,000.00

3.00

PAVEMENT WORKS

 

 

 

 

3.01

75mm compacted depth Class 3 40mm crushed rock, supplied, spread and compacted.

57.00

m3

$100.00

$5,700.00

3.02

100mm compacted depth Class 2 20mm crushed rock, supplied, spread and compacted.

0.00

m3

$120.00

$0.00

3.03

200mm compacted depth Class 3 40mm crushed rock, supplied, spread and compacted.

0.00

m3

$100.00

$0.00

3.04

30mm compacted depth 10mm nominal size type N Asphalt spread and compacted including emulsion prime and grit using a paver.

0.00

m2

$35.00

$0.00

4.00

DRAINAGE - PITS

 

 

 

 

4.01

1set - of 2 pcs New Standard Weepa (weep holes) with 90mm Extension Dimension of weep holes 75W x 20H x 195D spaced @ 1.20m on centre

126.00

No

$5.00

$630.00

4.02

20mm aggregate backfill for drainage zone 200 x 225mm enveloped with geotextile

8.50

m3

$110.00

$935.00

5.00

CONCRETE WORKS: KERBING

 

 

`

 

5.01

Remove existing traffic island and construct new traffic island with pedestrian refuge as per plan.

1.00

ITEM

$5,000.00

$5,000.00

5.02

Reinforced Concrete Retaining Wall and Footing with F62 mesh including 75mm compacted depth Class 3 FCR bedding and reinstate nature strip.

150.00

m

$165.00

$24,750.00

5.03

Concrete pram crossing 1.5m wide, including fine crushed rock bedding.

7.00

No.

$250.00

$1,750.00

 

 

CONCRETE WORKS: PAVING

 

 

 

 

5.04

125mm (25 Mpa) concrete paving with SL72 mesh including crushed rock bedding and reinstate nature strip.

755.00

m2

$135.00

$101,925.00

6.00

LANDSCAPING

 

 

 

 

6.01

Top soiling and seeding nature strips.

541.00

m2

$8.00

$4,328.00

SUB-TOTAL : A

$218,928.00

7.00

PROVISIONAL ITEMS

 

 

 

 

7.01

Adjust level of existing Telstra and sewer services lid as required.

1.00

ITEM

$5,000.00

$5,000.00

SUB-TOTAL : B

$5,000.00

SUB-TOTAL : C (=A+B)

$223,928.00

10% CONTINGENCY : D

$22,393.00

 

Design

 

 

 

$11,196.00

 

Project Administration

 

 

 

$11,196.00

CONSTRUCTION COST ESTIMATE

$268,714



COUNCIL FUNDED WORKS

ITEM

DESCRIPTION

QUANTITY

UNIT

RATE
$

AMOUNT
$

1.00

GENERAL

 

 

 

 

1.01

Initial site establishment and set up, decamping and site cleanup and other fixed costs up to time of completion of works.

1.00

ITEM

$3,600.00

$3,600.00

1.02

Traffic management costs.

1.00

ITEM

$2,000.00

$2,000.00

1.03

Setting out of works.

1.00

ITEM

$150.00

$150.00

1.04

Internal supervision fee (COGG construction)

1.00

ITEM

$1,300.00

$1,300.00

2.00

EARTHWORKS and DEMOLITION

 

 

 

 

2.01

Excavation and disposal of all materials to limits of work as indicated on plan, including trimming for new road pavement, excavation of soft spots and removal of concrete.

75.00

m3

$60.00

$4,500.00

2.02

Saw-cutting of asphalt paving.

15.00

m

$10.00

$150.00

3.00

DRAINAGE: PITS

 

 

 

 

3.01

1set - of 2 pcs New Standard Weepa (weep holes) with 90mm Extension Dimension of weep holes 75W x 20H x 195D spaced @ 1.20m on centre

126.00

No

$5.00

$630.00

3.02

20mm aggregate backfill for drainage zone 200 x 225mm enveloped with geotextile

8.50

m3

$110.00

$935.00

4.00

CONCRETE WORKS: KERBING

 

 

`

 

4.01

Remove existing traffic island and construct new traffic island with pedestrian refuge as per plan.

1.00

ITEM

$5,000.00

$5,000.00

5.02

Reinforced Concrete Retaining Wall and Footing with F62 mesh including 75mm compacted depth Class 3 FCR bedding and reinstate nature strip.

150.00

m

$165.00

$24,750.00

SUB-TOTAL :

$43,015.00

10% CONTINGENCY : D

$4,302.00

 

Design

 

 

 

$2,581.00

 

Project Administration

 

 

 

$1,721.00

CONSTRUCTION COST ESTIMATE

$51,618.00



Appendix 2

BENEFIT RATIO CALCULATION

A

Purpose

 

 

To construct a footpath in Roslyn Road, Highton to provide all weather pedestrian access for property owners and the wider community.

 

 

 

 

 

 

 

 

B

Coherence

 

 

The works will provide a physical pathway connection between Remony Avenue and Wandana Drive and will provide a special benefit to adjoining and remote properties.

 

 

 

 

 

 

 

 

C

Total Cost C

 

 

Total Estimated cost of works - footpath construction

$268,714.00

 

Direct funding by Council to replace traffic island with pedestrian refuge and reinforced concrete retaining wall

$51,618.00

 

 

 

 

TOTAL COST

 

$217,096.00

D

Identify Special Beneficiaries

 

 

24 properties with frontages to the proposed footpath are considered to receive access and amenity benefits.

 

 

 

 

 

 

 

 

E

Properties to include

 

 

The 24 abutting properties receive both access and amenity benefits. Therefore:

 

 

Total Special Benefits (in) is apportioned to 24 properties

 

 

There are no Council owned properties in the scheme. Therefore:

 

 

Total Special Benefits out of the scheme

 

 

TSB (out) =

0

 

 

 

 

 

 

 

 

F

Estimate of Total Special Benefits

 

 

 

 

 

 

For this scheme it is considered that the greater proportion of benefit is for pedestrian access given the purpose of the scheme. Therefore it is estimated that 80% of the benefits relate to access and 20% to amenity. Estimated pedestrian use of the paths is 85% for the wider community and 15% for abutting property owners. Amenity benefits are based on frontage with 100% of the footpaths fronting benefiting properties. TSB (in) is therefore calculated as follows:

 

 

TSB (in) = 80% X 15%(access) + 20% X 100% (amenity) =

 

 

 

32%

 

 

 

 

 

 

 

 

G

Estimate of Total Community Benefit - TCB

 

 

 

 

 

 

It is considered that people in the community will receive a benefit from the works as the pathway is used to access other areas. There are no amenity benefits considered for the wider community. TCB is calculated as follows:

 

 

TCB = 85% X 80% (access) =

 

 

 

68%

 

 

 

 

 

 

 

 

H

Calculate "Benefit Ratio" - R

 

 

 

 

 

 

 

 

 

Benefits Ratio =

TSB (in)

=

32

0.32

 

 

 

TSB (in) + TSB (out) + TCB

 

32 + 0 + 68

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I

Maximum Total Levy (S)

 

 

Maximum Total Levy S = R X C

$69,470.72

 

Council Contribution to Special Charge Scheme

$147,625.28



Appendix 3

SCHEDULE ‘C’

SPECIAL CHARGE SCHEME FOR FOOTPATH CONSTRUCTION

ROSLYN ROAD, HIGHTON

 

COLUMN 1

COLUMN 2

COLUMN 3

COLUMN 4

COLUMN 5

COLUMN 6

COLUMN 7

COLUMN 8

 

PROPERTY ADDRESS

FRONTAGE (metres)

ALLOWANCE FOR DRIVEWAY

APPORTIONABLE FRONTAGE (metres)

ACCESS BENEFIT UNIT

ACCESS BENEFIT

AMENITY BENEFIT

ESTIMATED COST ( $ )

1

293 Roslyn Road, HIGHTON VIC 3216

20.12

0.00

20.12

0.50

$ 914.09

$ 1,550.00

$ 2,464.09

2

295 Roslyn Road, HIGHTON VIC 3216

20.12

3.18

16.94

1.00

$ 1,828.18

$ 1,304.98

$ 3,133.16

3

297-307 Roslyn Road, HIGHTON VIC 3216

80.47

0.00

80.47

1.00

$ 1,828.18

$ 6,200.01

$ 8,028.18

4

16 Carramar Court, HIGHTON VIC 3216

15.24

0.00

15.24

0.50

$ 914.09

$ 1,174.24

$ 2,088.33

5

313 Roslyn Road, HIGHTON VIC 3216

46.13

8.22

37.91

0.50

$ 914.09

$ 2,920.69

$ 3,834.78

6

1 Thornhill Road, HIGHTON VIC 3216

33.53

0.00

33.53

0.50

$ 914.09

$ 2,583.34

$ 3,497.42

7

321 Roslyn Road, HIGHTON VIC 3216

16.77

0.00

16.77

0.50

$ 914.09

$ 1,292.13

$ 2,206.22

8

323 Roslyn Road, HIGHTON VIC 3216

16.63

3.00

13.63

1.00

$ 1,828.18

$ 1,050.19

$ 2,878.37

9

325 Roslyn Road, HIGHTON VIC 3216

18.28

5.50

12.78

1.00

$ 1,828.18

$ 984.70

$ 2,812.88

10

327-329 Roslyn Road, HIGHTON VIC 3216

49.68

3.36

46.32

1.00

$ 1,828.18

$ 3,568.96

$ 5,397.14

11

331 Roslyn Road, HIGHTON VIC 3216

19.82

3.17

16.65

1.00

$ 1,828.18

$ 1,282.88

$ 3,111.06

12

1/333 Roslyn Road, HIGHTON VIC 3216

30.44

4.06

6.60

1.00

$ 1,828.18

$ 508.15

$ 2,336.32

13

2/333 Roslyn Road, HIGHTON VIC 3216

 

 

6.60

1.00

$ 1,828.18

$ 508.15

$ 2,336.32

14

3/333 Roslyn Road, HIGHTON VIC 3216

 

 

6.60

1.00

$ 1,828.18

$ 508.15

$ 2,336.32

15

4/333 Roslyn Road, HIGHTON VIC 3216

 

 

6.60

1.00

$ 1,828.18

$ 508.15

$ 2,336.32

16

337 Roslyn Road, HIGHTON VIC 3216

17.00

3.33

13.67

1.00

$ 1,828.18

$ 1,053.27

$ 2,881.45

17

339 Roslyn Road, HIGHTON VIC 3216

16.50

0.00

16.50

0.50

$ 914.09

$ 1,271.33

$ 2,185.42

18

341 Roslyn Road, HIGHTON VIC 3216

21.39

0.00

21.39

0.50

$ 914.09

$ 1,648.10

$ 2,562.19

19

343 Roslyn Road, HIGHTON VIC 3216

18.10

3.76

14.34

1.00

$ 1,828.18

$ 1,104.90

$ 2,933.08

20

345 Roslyn Road, HIGHTON VIC 3216

18.10

3.61

14.49

1.00

$ 1,828.18

$ 1,116.46

$ 2,944.63

21

347 Roslyn Road, HIGHTON VIC 3216

18.52

3.00

15.52

1.00

$ 1,828.18

$ 1,195.82

$ 3,023.99

22

1/349 Roslyn Road, HIGHTON VIC 3216

24.08

5.90

6.06

0.50

$ 914.09

$ 466.92

$ 1,381.01

23

2/349 Roslyn Road, HIGHTON VIC 3216

 

 

6.06

0.50

$ 914.09

$ 466.92

$ 1,381.01

24

3/349 Roslyn Road, HIGHTON VIC 3216

 

 

6.06

0.50

$ 914.09

$ 466.92

$ 1,381.01



Appendix 4 - Plan

Appendix 4 - Plan

Attachment 1

PROCESS CHART

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

ROSLYN ROAD, HIGHTON – PROPOSED FOOTPATH

Stage

Status

Description

Approval to prepare scheme

✓

Decision made to prepare scheme following consideration of surveys of residents and feed back from the community. Council may then place the project in the budget system or proceed immediately to prepare a scheme. Scheme preparation involves survey, design and preparation of an apportionment of costs. July 2015

Intention to Declare Scheme

✓

Report to Council providing information on scheme including advice of impending advertising of scheme and declaration of charge. Seeks Council approval by resolution to proceed with process.

Advertisement

 

The scheme is advertised in the local newspaper and all allotted property owners are notified by mail. This advertisement indicates Council’s intention and notification to ‘declare’ a scheme in a month’s time or at a subsequent meeting.

Submissions

 

From the time of advertising property owners have 28 days (as set down by the Local Government Act) to lodge submissions, either in support or opposition to the scheme.

Submissions Review Panel Hearing

 

A Submissions Review Panel is convened if required (quorum of three Councillors) and meets to consider submissions. Some submissions are written only, and other submitters may wish to be heard before the Panel. The Panel makes a recommendation to Council regarding the scheme.

Declaration Report

 

Any time 28 days after advertising the scheme and after the Submissions Review Panel has met and considered submissions, Council considers a report and may proceed to “declare” the charges in accordance with its advertised intent.

Subsequent to this the Finance Manager issues the levy notices and there is a formal charge placed on the property.

This is the final step in the process for Council to make a decision on the scheme.

Appeal

 

Property owners may lodge an application for review with the Victorian Civil and Administrative Tribunal (VCAT) within one month of issue of the levy notice. An appeal is listed, heard and determined by the Tribunal and this process generally takes three to four months. Decisions made by VCAT are binding on all parties.

Construction

 

Council may then proceed to construct the works. Invoices are issued seeking payment of the estimated cost within one month of commencement.

Final Cost Report

 

At the completion of the works the scheme is “finalised” taking into account actual costs incurred and payments are adjusted accordingly.


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