Council Minutes - Section B: Reports - 13 December 2016

Contents | Previous Page: Section A - Procedural Matters | Next Page: Section C - Assembly of Councillors

Reports tabled at the Ordinary Meeting of Council on Tuesday date held at the Council Conference and Reception Centre in City Hall, 57 Little Malop Street, Geelong.


  1. G21 Motocross Land Suitability Assessment

  2. Geelong Saleyards

  3. Amendment C301 – Rezone Land at 892-958 and 960-990 Barwon Heads Road, Armstrong Creek to urban Growth Zone – Schedule 2 (UGZ2) – Adoption of Amendment

  4. Development Contributions Plans – Increase in Capped Community Infrastructure Levy

  5. Geelong Waterfront – Safe Harbour Precinct – Funding Extension

  6. Central Geelong 40Km/Hr Speed Zone

  7. Sessional Kindergarten Fees 2017

  8. Revocation of Flood Prone Area Designation of New Lots at Watermark, Stages 1 and 2

  9. Revocation of Flood Prone Area Designation of New Lots at Charlemont, Stage 1

  10. Council Meeting Schedule 2017

  11. 2017-2018 Budget Process

  12. Sale of Land to VicRoads – 333A Torquay Road, Mount Duneed

  13. Emergency Management Policy

  14. Baker Street Group Road Construction Special Charge Scheme SRC340 – Declaration of Charge

  15. Montpellier Drive, Highton – Proposed Footpath Construction – SRC345 – Declaration of Charge

  16. Audit and Risk Committee Charter


1. G21 Motocross Land Suitability Assessment

Source:

Community Life - Sport and Recreation

General Manager:

Linda Quinn

Index Reference:

Sport Leisure and Recreation – Sport – Motor Sports


Purpose

To provide the current status of the G21 Motocross Land Suitability Assessment and recommend a future direction for Council’s involvement.


Background

A confidential G21 Motocross Land Suitability Assessment was commissioned by the City of Greater Geelong on behalf of G21 (Geelong Region Alliance). The Assessment was undertaken in response to the recent closure of local motocross facilities and displaced motocross clubs seeking relocation.


Key Issues

P Dorling moved, L Gardner seconded -

That Council:

  1. request that G21 call on the State Government to lead and establish a formal collaborative working party between G21 and neighbouring Local Government Areas to further investigate best prospective sites and identify whether funds are available to purchase land and build a regional motocross facility;

  2. if insufficient funding is available to achieve a land purchase and site development, Council’s commitment of $638,000 should be returned to consolidated revenue and any future investment be subject to Council’s budgetary process.

  3. acknowledge on request of the Surf Coast Shire Council that McAdam Park was purchased by Motorcycling Australia with contributions from Surf Coast Shire, Sporting Motorcycle Club, and the Victorian State Government for $3.4 million, with the Title held by Motorcycling Australia.

Carried.


Attachment 1

Discussion

Please refer to Timeline of Events (Attachment 2) accounting the actions leading to the closure of the local motocross facilities and the subsequent G21 Motocross Land Suitability Assessment.

In 2006, due to ongoing complaints from local residents, Council resolved to close the Breakwater Road motocross facility which was used by the Geelong Motocross Club.

Post the closure, Council in conjunction with the Geelong Motocross Club undertook a comprehensive review of potential sites for relocation. Aligned with this review, Council allocated $800,000.

The site review of more than 25 locations identified an allotment of Crown Land on Dandos Road, Avalon as being the most suitable.

The Geelong Motocross Club later rejected the Dandos Road site in favour of McAdam Park, located in Surf Coast Shire.

The City of Greater Geelong at its Council meeting on 25 August, 2009 resolved to financially support the McAdam Park purchase. The terms of Council’s Resolution within the report titled ‘Motocross Facilities’ were unacceptable to Motorcycling Australia and the offer lapsed. Motorcycling Australia took ownership of the site on settlement.

The McAdam Park site was jointly purchased by Surf Coast Shire, Sporting Motorcycle Club, Motorcycling Australia and the Victorian State Government for $3.4 million, with the Title held by Motorcycling Australia.

Following the purchase, Council again considered how it would support the efforts of the Geelong Motocross Club. At its meeting on 25 May 2010 Council, in summary, resolved to:

Unfortunately land use issues remained unresolved and following a lengthy dispute with local residents, a settlement was reached between Motorcycling Australia and the Barrabool Hills Community Association Inc. to cease motocross activities at the site as of 16 December 2015.

Prior to the impending closure, at its meeting on 9 December 2014, Surf Coast Shire resolved to:

Following this resolution, the City of Greater Geelong Council at its meeting on 27 January 2015 resolved to:

In 2016, the G21 Motocross Land Suitability Assessment began. It has utilised a number of processes and sources to identify potential candidate sites including public land searches, expressions of interest, properties currently on the market and those identified during the consultation process with the Project Control Group (PCG).

Using the major and desirable site criteria, 24 potential sites have been identified. Details of these sites, including the top six (6) best prospects are listed within the confidential report. The report remains confidential as many of the sites are privately owned but were on the market for sale at the time of writing this report.

If further site investigations do not identify a suitable location for a regional motocross facility, the user groups have requested the provision of a stand alone club house (without a track) for displaced motorcycle club members be considered.


Financial Implications

In relation to future land purchase and development of a motocross facility, the potential funds available following the sale of McAdam Park are as follows:

Motorcycling Australia

$100,000

Sport and Recreation Victoria

$500,000

Surf Coast Shire

$90,000

City of Greater Geelong

$638,000

Approximate funds available

$1,328,000*

* subject to contingencies and Land Purchase Agreement

**subject to confirmation


The available funds would not be sufficient to purchase both land and develop a regional motocross facility. Cost estimates undertaken through a Quantity Survey by Rider Levett Bucknall (Attachment 3 and 4) have identified that, excluding land purchase, the cost to construct a regional level motocross facility would be $9M - $11M.

The G21 Land Suitability Assessment recommends further investigation of the best prospect sites will be required. Funds will be required for acoustic testing/assessment and potential flora/fauna investigations.


Stakeholder Consultation and Communication

The G21 Motocross Land Suitability Assessment has been driven by a Project Control Group (PCG) whose role was to provide high-level direction on key issues and approve draft and final reports.

A Project Advisory Group – Motocross Users (PAG-MU) was also established to provide an opportunity for key stakeholders (those not already engaged in the PCG) to have input into the development of the study.

As part of the process an emphasis was placed on stakeholder engagement and consultation including ongoing engagement with:


Policy/Legal/Statutory Implications

None that are evident.


Alignment to City Plan

This report is aligned to the community well-being objective of City Plan. The provision of sport and recreation facilities promotes healthy lifestyle through physical activity.


Conflict of Interest

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


Risk Assessment

Should an alternative location for motocross not be found within the region it may lead to an influx of illegal off road riders, an increase in at risk behaviours and potential environmental degradation. Evidence shows that this occurs in a number of public areas and poses significant risk to community, riders and flora and fauna.


Environmental Implications

Should desktop investigations indicate that potential sites may serve as a habitat for significant flora and fauna species of State and Commonwealth significance, detailed audits will be required.

At a minimum, this will require further seasonally based investigations over a 12 month period and potential referrals under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 and the State Flora and Fauna Guarantee Act 1988.

Environment Protection Authority (EPA) Victoria is the State’s independent environmental regulator. Under the powers of the Environment Protection Act 1970, EPA is responsible for protecting the environment from noise pollution.

The best prospect sites identified in the G21 Motocross Land Suitability Assessment will require acoustic testing and assessment to ensure the long term sustainability of the site.


[Back to List]

2. Geelong Saleyards

Source:

City Services - Engineering Services

Acting General Manager:

Vicki Shelton

Index Reference:

Geelong Saleyards


Purpose

For Council to determine the future of the Geelong Saleyards.


Background

On 22 August 2016, the General Manager City Services ordered the closure of the Saleyards following a structural engineering report identifying significant structural and occupational health and safety concerns.

On 27 September 2016 Council reiterated the previous Council’s resolution to transition to closure and requested officers to undertake additional consultation for further consideration at the December 2016 Council meeting.

There has been extensive communication on the future of the Saleyards including a major workshop facilitated by an independent facilitator on 11 November 2016 (refer Attachment 2 for the key themes emerging and Attachment 3 for the independent facilitators report).

On 19 November 2016, the City announced it would reopen the saleyards to stock sales in early January 2017.


Key Issues

K Alexander moved, L Gardner seconded -

That Council:

  1. note the content of the independent OH&S Audit inspection undertaken by SafetyZone (Attachment 4) and the serious range of findings that need to be addressed prior to recommencing cattle sales;

  2. note that repair works are already underway to enable safe operations for small lot sheep sales at the Geelong Saleyards in January 2017;

  3. note that repair works on the cattle pens have not commenced and an initial estimate is in excess of $320,000 for materials only (to date);

  4. defer repair works on the cattle yards until an independent expert local stock market analysis is completed and a full costing estimate is prepared based on the recently completed OH&S Audit inspection;

  5. work with buyer, seller, agent and transporter representatives and other related stakeholders immediately to develop interim support arrangements for small lot cattle sales;

  6. consistent with the previous Council’s resolution of June 2015, work with the G21 group of Councils, the G21 Agribusiness Forum and other agriculture peak bodies to establish an agribusiness strategy for the region which incorporates the resolutions of the Surfcoast Shire Council (see Attachment 5) with a view to this being available for a final decision by mid 2017;

  7. establish a Geelong Saleyards Advisory Committee, with a Terms of Reference consistent with the “Australian Code of Practice for the Selling of Livestock” and work with the proposed Committee to advise Council on user issues at the Saleyards.

Carried.


Attachment 1

Discussion

The Saleyards have been operating at the Weddell Road site since 1869 (148 years). For the last 10 years the yards have been making a loss (avg. $171,000 per annum in the last two years over $200,000) as stock numbers have decreased from (18,675 head of cattle in 2005 to 8,839 in 2015/16 and 65,383 head of sheep in 2005 to 45,092 in 2015/16).

Since the announcement to reopen the facility works have commenced on the sheep pens and are on track for reopening in January 2017.

To prepare for reopening in January, further safety measures are currently underway including the preparation of safety induction procedures and the preparation of a traffic management plan for the site.

In relation to the cattle sales, the City has undertaken further analysis to determine whether it would be financially responsible to spend in the order of $300,000 to repair the cattle yards. As highlighted in the key issues, cattle projections are likely over the coming two years fall to levels not seen in more than twenty years. This alone will more than likely stimulate strong competition between restockers, feedlots and processors for the limited availability. Professional restockers who are travelling from all over the state and from interstate have the demand and resources to purchase the autumn calving cattle offered for sale. They are also picking up the spring calving cattle. This means that much of the potential future stock is being taken from our local markets. Some small scale restockers and local buyers have been able to pay a premium for heifers however it will be 18 months to 2 years before the calves from these heifers will be available if at all depending on the requirements of the owners.

Furthermore, in the Ballarat Courier on 26 November 2016, the Ballarat Stock and Station Agents Association estimate that there could be an extra 30 or up to 40 cattle coming into Ballarat due to the closure of the Geelong Saleyards. The numbers would be similar going to Colac. These are not significant numbers and indicates that the available stock numbers in Geelong are low. These reports together with reports from local livestock experts indicate that there is limited cattle availability in the Geelong region in the immediate and long term future.


Financial Implications

Repair works to comply with OH&S standards are underway and are being funded from within the approved 2016/17 approved budget.

Funds are also available to undertake the recommended Agribusiness Strategy.


Stakeholder Consultation and Communication

A workshop attended by 118 stakeholders was held on Friday 11 November 2016. Feedback from the workshop is included in the key themes and attached report from the independent facilitator. Attachment 2 and 3.

A communications plan will be prepared to inform all users of the reopening of the yards and the expectations in regards to access and safety.

It is recommended that the City work with the G21 group of Councils in the proposed development of an agribusiness strategy prepared at a regional level, incorporating the G21 Agribusiness Forum and other agriculture peak bodies. The intended purpose of this group will be for stakeholders to discuss and develop options on future stock selling methods, development of the strategy to highlight agribusiness investment needs into the future. The strategy will also need to consider the changing needs of the agribusiness sector throughout our region.

The Surfcoast Shire Council at their meeting of the 22 November 2016 support the formation of a saleyards stakeholder committee and have allocated $10,000 towards the Agribusiness strategy. Refer Attachment 5 for the full resolution.


Alignment to City Plan

This report aligns to City Plan through the strategic direction of ‘How We Do Business’.

The Feasibility Study into the Geelong Saleyards and all subsequent studies reviewed how the service meets the requirements of a growing population through responsible and sustainable financial management as well as ensuring safety to City of Greater Geelong staff and members of the public.


Conflict of Interest

No council officer involved in this report has a direct or indirect conflict of interest.


Risk Assessment

Early in August 2016 safety concerns were raised regarding the condition of the saleyards facility. An engineers report was received on the overhead and pedestrian walkways and other components including loading ramps which identified risks to users. This prompted immediate temporary closure of the Geelong Saleyards to sheep and cattle sales on the 22 August 2016.

Further inspections of both the sheep yards and cattle yards were completed in November 2016 identifying a number of interventions required to enable yards to reopen. An OHS audit of the cattle yards identified 17 recommendations. Risk ratings identified 8 very high and 7 high hazards that will require action prior to reopening of the Cattle Yards.


Attachment 2

Key Themes from Workshop

Participants stated that:

  1. The saleyards play a key role in supporting social connectedness and mental wellbeing within the farming community – it’s a ‘men’s shed’.

  2. The saleyards play a key role in the continuation of agribusiness in the region - many farmers are small producers on small holdings who need a local outlet to buy and sell their stock.

  3. There is widespread distrust regarding many of the financial aspects of the facility presented by Council in terms of income, expenditure and repair costs of the existing facility as well as new facility construction costs.

  4. None of the 3 scenarios presented by Council solve the immediate problem of needing the facility opened urgently.

  5. Of the 3 scenarios presented, that of opening a fully upgraded or new facility with the City of Greater Geelong, was the preferred option. Within this option, there was a preference for an upgrade of the existing facility rather than construction of a new facility. Suggestions included reducing the scale of the current facility. Upgrading the existing facility was considered to be far less expensive than building a new facility

  6. A fourth scenario, that of an independent risk assessment including accurate and itemised costs to bring the current yards up to date, was offered from the floor and positively received by attendees. There was a general willingness by the farming community present to use their many skills in a volunteer capacity to contribute to the facility upgraded yards

  7. A new management structure is needed to guide the future management of the facility either in partnership with City of Greater Geelong or as a privately run enterprise. The management committee should comprise representatives from saleyards users.


Attachment 3

KizMet Forward – Independent Facilitator

Geelong Saleyards - Stakeholder Workshop Report of Outputs – November 2016


Attachment 4

Occupational Health and Safety Audit Inspection – December 2016


Attachment 5

Surfcoast Shire Council

Item 3.3 Geelong Saleyards – Council Resolution – 22 November 2016

Council Resolution

MOVED Cr Heather Wellington, Seconded Cr Clive Goldsworthy

That Council:

  1. Acknowledge the value of the hinterland economy and the importance of the role played by smaller farmers.

  2. Acknowledge that smaller farmers with livestock require ongoing access to market which enables the buying and selling of their livestock.

  3. Note that the marketplace is evolving and that farmers have a range of channels available through which to buy and sell livestock, however not all channels may be suitable for small producers.

  4. Request the City of Greater Geelong to undertake the following immediate actions:

    1. Undertake necessary tactical works to re-open the existing Geelong Saleyards facility as soon as possible to cater for cattle and sheep.

    2. Form a Saleyards Stakeholder Committee as widely canvassed at the stakeholder forum on 11 November 2016.

    3. Commence a ‘Livestock Market Channel Analysis’ (LMCA) as a joint regional project including the identification of the range of livestock buying and selling options and the relative pros and cons of each option including the identification of solutions that meet the needs of small sheep and cattle producers.

    4. Defer any decision as to the long term future of the Geelong Saleyards until consideration of the LMCA.

  5. Authorise the allocation of up to $10,000 to support a Livestock Market Channel Analysis from the Accumulated Unallocated Cash reserve.

  6. Express an interest to collaborate with the City of Greater Geelong, neighbouring Councils, the G21 Agri-business group and Regional Development Victoria on the Livestock Market Channel Analysis and any required infrastructure investment.

  7. Consider a proposal from the City of Greater Geelong for Surf Coast Shire Council to contribute to the operational funding of a regional saleyard service.

  8. Receive a further report after the completion of the Livestock Market Channel Analysis.

  9. Acknowledge and commend the City of Greater Geelong commitment as announced on 16 November 2016 to undertake interim works necessary to re-open the existing Geelong Saleyards facility by early January.

CARRIED 9:0


[Back to List]

3. Amendment C301 – Rezone Land at 892-958 and 960-990 Barwon Heads Road, Armstrong Creek to urban Growth Zone – Schedule 2 (UGZ2) – Adoption of Amendment

Source:

Planning and Development - Urban Growth Area Planning

General Manager:

Peter Bettess

Index Reference:

Amendment C301


Purpose

This report seeks Council adoption of Greater Geelong Planning Scheme Amendment C301 which has been modified in accordance with the recommendations of the independent Panel appointed by the Minister for Planning to hear submissions.


Background

The amendment applies to approximately 52 hectares of land located at 892-958 and 960-990 Barwon Heads Road, Armstrong Creek.

The amendment proposes the rezoning of the land to Urban Growth Zone – Schedule 2 (UGZ2) and the incorporation of the Armstrong Creek South Precinct Structure Plan (ACSPSP). The amendment also proposes the application of a Public Acquisition Overlay (PAO12) on land required for drainage.

Amendment C301 was formally exhibited in 2015 and twelve (12) submissions were received.

A Panel Hearing was held in February 2016 with the Panel Report received in March 2016. The Panel supports the amendment subject to minor changes. See Attachment 1 for detail on the Panel recommendations.

A Section 173 Agreement has also been developed to fund the infrastructure required to service the new community. This document and recommended amendment modifications are shown in Attachment 2 (previously provided with briefing papers).


Key Issues

A total of five (5) parties, in addition to the City of Greater Geelong, presented to Panel during the Hearing. Key issues raised and considered were:

L Gardner moved, P Dorling seconded -

That Council, having considered the Panel Report for Amendment C301, resolves to:

  1. Adopt Amendment C301 in the modified form recommended by the Panel and shown in Attachment 1 and;

  2. Submit the adopted amendment to the Minister for Planning.

Carried.


Attachment 1

Discussion

Amendment C301 proposes to incorporate the Armstrong Creek South Precinct Structure Plan into the Greater Geelong Planning Scheme.


Key issues raised by submissions and Panel recommendations

Response to key issues raised in submissions, and the subsequent Panel recommendations are summarised below.

Planning Context

The Panel reviewed the amendment against the relevant policies in both the State Planning Policy Framework (SPPF) and the Local Planning Policy Framework (LPPF).

The Panel concluded that:

Armstrong Creek South Precinct Structure Plan

Submissions were heard from the proponent on the benefits associated with the incorporation of the Armstrong Creek South Precinct Structure Plan into the Greater Geelong Planning Scheme including;

The Panel concluded that:


Drainage and Floodplain Management

The issue of whether the proposed ACSPSP Storm Water Management Strategy is appropriate and whether the Public Acquisition Overlay (PAO) proposed as part of the amendment should be applied were both considered by the Panel.

The submission by the land holder whose land is being acquired for the purpose of the diversion channel suggested in their submission that the PAO for the purpose of a diversion channel was not for either a community benefit or a public purpose. The submission also contended that the diversion channel will restrict access to the eastern section of his property and that the dimensions of the diversion channel would result in adverse flooding of the property during extreme rain events.

The Panel heard evidence from Council that the Storm Water Management Strategy, as exhibited, will assist in mitigating flood risk on the subject land and that the proposed diversion channel will also resolve issues of increased Storm Water volume from the entire Armstrong Creek Urban Growth Area.

The Corangamite Catchment Management Authority (CCMA) sought changes to the Floodway Overlay mapping shown in the Armstrong Creek South PSP which were agreed to, and amended by Council, during the Panel Hearing.

The Panel concluded that:


Traffic

The issue of whether the proposed intersection, including a proposed pedestrian crossing, at Barwon Heads Road is appropriate was considered by Panel.

One of the submissions received during exhibition of the amendment indicated concern about the potential for increased traffic flows on Lake Road as a result of the additional residential developed proposed by the Armstrong Creek South Precinct Structure Plan. In response, Council submitted that approximately 75 per cent of the total number of vehicle movements per day will be using Barwon Heads Road. Of the traffic using Barwon Heads Road, the small number of vehicles heading south would not be likely to utilise a low order road, such as Lake Road, over Barwon Heads Road. These assumptions are based on the Traffic Impact Assessment undertaken as a component of the amendment.

Vicroads submitted that their preference was for a roundabout as the access control in to the Armstrong Creek South PSP area rather than a set of traffic lights, as nominated in the exhibited Amendment C301. Council submitted that this change was supported on the condition that a safe pedestrian crossing, such as a signalised crossing near the roundabout, is constructed to allow pedestrians to safely cross to the eastern side of Barwon Heads Road.

Council and the proponent also agreed on the Department of Economic Development, Jobs, Transport and Resources request to provide a 3 metre wide shared path on the east-west internal collector road and a standard footpath on the other side.

The Panel concluded that it supported the roundabout treatment, pedestrian crossing and shared path outcomes.


Other issues

Department of Environment, Land, Water and Planning submission

The Department of Environment, Land, Water and Planning (DELWP) requested that the construction works for the diversion channel be supported by a ‘Construction Environment Management Plan’. Council included additional wording in Schedule 2 to the Urban Growth Zone and Clause 66.04 of the Greater Geelong Planning Scheme to in accordance with DELWP’s requests.

The Panel accepted the proposed changes.


Controlled action under the EPBC Act

The construction of the proposed diversion channel has been determined a Controlled Action for the purposes of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Panel determined that the Panel Hearing was not the appropriate forum for discussion of EPBC Act requirements and that both Council and the proponent would be able to progress EPBC Act requirements as a separate process.

Potential for flooding of surrounding land parcels as a result of development

One submitter raised concerns that their land parcel would be flooded as a result of the proposed development.

The proposed engineering solution for the development includes the provision of several drainage channels that will ensure that water is drained away from both the site and the surrounding land parcels. As a result there will be no adverse impact on the surrounding area.

The Panel agreed that Council had written to the submitter to detail that the proposed drainage design for the subject land would mitigate any potential future flooding.

Objection to the application of a Public Acquisition Overlay on land at 82-88 Groves Road, Armstrong Creek for the purposes of a storm water diversion channel in to the Sparrovale Wetlands.

A component of Amendment C301 is the application of a Public Acquisition Overlay over land approximately 22 metres wide across the property at 82-88 Groves Road, Armstrong Creek to accommodate a drainage channel. The purpose of the channel is to convey summer storm water volume and flows from Armstrong Creek waterway, bypassing Hospital Swamp, directly in to the Sparrovale Wetlands once they are established.

The owner of the Groves Road property, upon which the PAO is being proposed, is concerned at the loss of his land for the financial benefit of others. The submission argues that the ultimate function of the compulsorily acquired land will not be a public purpose (which is the legislative basis for the application of a PAO) as it simply allows the proponents of the Armstrong Creek South Precinct Structure Plan to develop their land, to their benefit.

The proposed diversion channel is part of a broader drainage solution for the growth area and when constructed will direct excess storm water volumes from the RAMSAR listed Connewarre wetland system. This action will allow the historic routine of wetting and drying and saline/fresh water to be maintained in the wetland thereby preserving the established ecological values of the system. The public benefits of the channel are twofold; enabling development of a new community in the Armstrong Creek South Precinct and the provision of potential benefits to the overall management of storm water within the Armstrong Creek Urban Growth Area and the Connewarre wetlands complex.

Traffic Management

A number of traffic management issues were raised in submissions including the potential negative impact of the additional traffic on the existing rural road system, a request for a roundabout on Barwon Heads Road rather than the nominated traffic signals, shared path requirements and a preferred widening of the east – west local road through the PSP area.

One submitter was concerned that southbound traffic from the PSP area will use Lake Road to join Barwon Heads Road at the Barwon Heads Airport rather than head south to the Lower Duneed roundabout and then east towards Barwon Heads. Council officers advised that there is a low likelihood of drivers choosing a longer route on a rural road rather than the Barwon Heads/Lower Duneed Road.

Vicroads submitted that a roundabout at the intersection of Barwon Heads Road and the east-west road through the PSP area is their preferred option. Council officers agree that a roundabout can be constructed, in place of the nominated traffic signals, on the understanding that a high quality pedestrian crossing is provided across Barwon Heads Road to enable safe access to the nominated Bus Stops. Council officers will continue to work with Public Transport Victoria, Vicroads and the proponent to progress detailed designs for the intersection.

The Department of Economic Development, Jobs, Transport and Resources (DEDJTR) submitted that a three (3) metre wide shared path is required along Barwon Heads Road and the east-west local road. The current standard of shared path within the Armstrong Creek Urban Growth Area is 2.5 metres wide with existing path connections to the north and west of the PSP area. Council officers submit that the 2.5 metre wide shared path can be continued from the north as far as the east-west road and then west through to the Armstrong Waters development to connect to the open space network in both the east and west of the PSP area.

Both Vicroads and DEDJTR nominated that the east-west road through the PSP be a connector road standard rather than the mix of both connector and local road as shown in the exhibited PSP. The local street cross section has been nominated in the PSP as it feeds in to the approved local street network to the west. Should the road be increased in width to a connector road standard the existing road hierarchy in the Armstrong Creek East Precinct may be compromised by encouraging more than local traffic through the Armstrong Creek South Precinct and on to Barwon Heads Road.

The connector road cross section has been used in the Armstrong Creek South Precinct between Barwon Heads Road and the eastern boundary of the passive open space to assist with traffic distribution through the new subdivision area.


Changes to exhibited documents

Modification to the exhibited documents will be required where Council officers have agreed with submitter issues. These modifications include:


Financial Implications

The Section 173 Agreement, between the land holders and Council, identifies and nominates funding of all the capital financial requirements for development of the Armstrong Creek South Precinct. The administration of the Section 173 Agreement will be undertaken by the Urban Growth unit as part of the overall responsibility for development contributions within the Armstrong Creek Urban Growth Area.

No impact to budget.

With Council responsibility for the management of the S173 Agreement there will be decisions required across the Armstrong Creek South Precinct and other precincts within the Armstrong Creek Urban Growth Area. These will be matters which will be assessed via the Development Contributions Steering Committee with recommendations coming to Council as part of the annual consideration of the budget.


Stakeholder Consultation and Communication

Formal exhibition of Amendment C301 occurred between 27th August 2015 and 2nd October 2015 via the following means:


Policy/Legal/Statutory Implications

The planning scheme amendment to incorporate the Precinct Structure Plan for the Armstrong Creek South Precinct accords with the broader structure for the Armstrong Creek Urban Growth area as established in the Greater Geelong Planning Scheme.

The Armstrong Creek South Precinct Structure Plan and associated S173 Agreement and in line with Council’s adopted position on the provision of infrastructure within the Armstrong Creek Urban Growth Area.

The amendment is also considered to meet the relevant requirements of both State Government and Council.


Alignment to City Plan

The Armstrong Creek Urban Growth area is one of Council’s priority projects.

The Armstrong Creek South Precinct Structure Plan will ensure that the continuing needs of the growing community will be met.


Conflict of Interest

In accordance with Section 80C of the Local Government Act no Council officers involved in this report have a direct or indirect interest.


Risk Assessment

The Section 173 agreement identifies the infrastructure items required to service the additional residential community in Armstrong Creek South and also nominates the development proponent as the delivery agency for these projects.


Environmental Implications

This amendment has addressed potential environmental implications of the development through the protection of remnant native vegetation and the nomination of a large, central area of passive open space for the benefit of the Armstrong Creek community.

The diversion channel link in to the Sparrovale Wetlands will provide significant positive environmental outcomes including a reduction storm water volumes into Hospital Swamps and the protection of several habitat zones which were nominated in the Armstrong Creek East Precinct Structure Plan.


[Back to List]

4. Development Contributions Plans – Increase in Capped Community Infrastructure Levy

Source:

Planning and Development - Urban Growth Area Planning

General Manager:

Peter Bettess

Index Reference:

Development Contributions Plans


Purpose

This report seeks endorsement to increase Council’s current Community Infrastructure Levies (CIL) beyond the previously capped $900/dwelling, to the recently approved new cap of $1,150/dwelling (or less if levy’s indexation has not yet reached the $1,150 figure).


Background

On 27 October 2016 the Minister for Planning announced the approval of a reform package for a new development contributions system for Victoria. The reforms have been pending for some time now, creating uncertainty for the development industry and local government.

The reform package includes new guidelines, templates and Minister’s Directions that allow implementation of the new system; transitioning from the current Development Contributions Plan (DCP) model to a new Infrastructure Contributions Plan (ICP).

As part of the reform package, the Minister also announced an increase in the current capped Community Infrastructure Levy (CIL) that applies to existing DCPs. The current levy has been capped at $900/dwelling since 2004 (pursuant to Section 46(L) of the Planning and Environment Act 1987) and has now been increased to $1,150/dwelling, effective as of 13 October 2016.

Council has for some time envisaged a future increase in the capped levy with all of Council’s DCPs including a provision that allows for the increase in our CIL levies up to a new cap, if any such increase were to occur. Attachment 1 and 2 provide further details on these changes to the CIL (including comparison of existing and new CILs).


Key Issues

L Gardner moved, P Dorling seconded -

That Council endorses an increase of the Community Infrastructure Levy according to the indexation provisions within Development Contributions Plans up to the new cap of $1,150/dwelling effective from January 2017.

Carried.


Attachment 1

Financial Implications

The announcement by the Minister for Planning to increase the CIL is beneficial to Council in managing its development contribution income.

The current applied CILs average between 0.5 – 31% less than the actual indexed levies that are required to appropriately fund nominated infrastructure (refer Attachment 2 – CIL Comparison Tables). The one exception being the Armstrong Creek Town Centre Precinct which has a CIL below the $900/dwelling cap, however no development has occurred in this precinct and in 2017/18 the CIL will then exceed the $900/dwelling cap.

The new $1,150/dwelling cap will still sit below the CIL for the Armstrong Creek West Precinct, however for the most part the new cap won’t be exceeded for approximately 4 – 14 years (depending on the precinct). The period will ensure appropriate funds are collected before any further government approved increase.


Stakeholder Consultation and Communication

Council has already advised building surveyors and key members of the development industry of the statutory increase in the CIL provisions of the Act. In the context of this report, Council officers will also inform land sales staff (via their developer client) of the CIL increases, including providing an information bulletin for distribution to the public and prospective purchasers.


Policy/Legal/Statutory Implications

Council currently has seven active Development Contributions Plans (DCPs) that are incorporated documents in Greater Geelong Planning Scheme. Six of these DCPs nominate collection of a CIL.

DCPs are implemented by the use of a Development Contributions Plan Overlay (DCPO) within the Greater Geelong Planning Scheme (refer Clause 45.06 – Development Contributions Plan Overlay).

The Community Infrastructure Levy (CIL) is collected prior to a building permit being issued for an new dwelling covered by the DCPO. Some developers choose to pay the levy as part of subdivision, however for the most part the levy is paid by the purchaser of the new lot.

Council has always envisaged a future increase in the capped levy with all of Council’s DCPs including the provision below that allows for the increase in our CIL levies if any such increase were to occur (as occurred on 13 October 2016):

If the Community Infrastructure Levy (CIL) cap (currently $900 per dwelling) is ever increased, the Responsible Authority reserves the right to increase the CIL in this DCP to allow for cost escalation in accordance with the indexation methods in this DCP up to the new CIL cap. The higher levy will be collected from the date the new CIL cap is introduced.


Risk Assessment

The increase in the CIL will assist in mitigating the loss of income currently experienced due to the capped $900/dwelling, noting one of our CILs (Armstrong Creek West Precinct) will still suffer from lost income due to it still exceeding the new $1,150/dwelling levy. However, the impact will obviously be less than that currently experienced.


Attachment 2 – Community Infrastructure Levy Comparison Tables

Community Infrastructure Levy Comparison Tables

5. Geelong Waterfront – Safe Harbour Precinct – Funding Extension

Source:

Investment and Attraction - Events, Central Geelong and Waterfront

General Manager:

Brett Luxford

Index Reference:

SUB-16-187 Waterfront Management


Purpose

This report seeks approval to extend the period of Council’s $3m contributory funding offer towards Stage 1A of the Safe Harbour Precinct project to 31 December 2018.


Background

At a Special Council on 7 March 2016, Council agreed to allocate $3m funding towards the $19m Stage 1A of the redevelopment of Fishermen’s Basin, Royal Geelong Yacht Club (RGYC) Clubhouse, Victorian Sailing School and surrounding public areas, known as the Safe Harbour Precinct, contingent on the RGYC securing the remaining funding for the stage from the State and Federal Government by 31 December 2016.

RGYC made an unsuccessful application to the National Stronger Regions Fund (NSRF) in the March 2016 round.

The RGYC have written to Council seeking to extend the funding offer to allow the club to pursue other avenues of project funding (Attachment 2).


Key Issues

P Dorling moved, L Gardner seconded -

That Council:

  1. Extend the offer of $3m funding towards the Geelong Waterfront - Safe Harbour Precinct project until the outcomes of the current round of the Australian Government’s Building Better Regions Fund are known to allow the Royal Geelong Yacht Club to secure the remaining funding as outlined in the Geelong Waterfront Safe Harbour Precinct Business Case (Appendix 1) subject to the following conditions:

    1. the project proceeds in the manner outlined in the business case;

    2. the elements of the wave attenuator and public realm improvements are key aspects that cannot be removed from the project scope;

    3. the total cost of the project shall not be less the $19m;

    4. the Royal Geelong Yacht Club commits at least $3m cash towards the Geelong Waterfront – Safe Harbour Precinct Project Stage 1A;

    5. in addition to the Royal Geelong Yacht Club allocation, that additional funding support totalling at least $13m is secured by the Royal Geelong Yacht Club from a variety of sources including the Victorian State Government and the Australian Federal Government.

Carried.


Attachment 1

Discussion

At a Special Council Meeting of 7 March 2016, Council resolved to:

  1. Acknowledge the work undertaken on the development of the Geelong Waterfront - Safe Harbour Precinct project business case and note the report;

  2. Support the Royal Geelong Yacht Club’s request for $3m (ex GST) funding from Council to undertake Stage 1A of the Geelong Waterfront Safe Harbour Precinct project as outlined in the business case subject to the following conditions:

    1. the project proceeds in the manner outlined in the business case;

    2. the elements of the wave attenuator and public realm improvements are key aspects that cannot be removed from the project scope;

    3. the total cost of Stage 1A of the project shall not be less the $19m;

    4. the Royal Geelong Yacht Club commits at least $3m cash towards the Geelong Waterfront – Safe Harbour Precinct Project;

    5. in addition to the Royal Geelong Yacht Club allocation, that additional funding support totalling at least $13m is secured by the Royal Geelong Yacht Club from a variety of sources including the Victorian State Government and the Australian Federal Government by 31 December 2016.

The commitment was on the back of the completion of the business case (Attachment 3) which highlighted the opportunities that exist through improvements in infrastructure associated with the RGYC and foreshore area.

The RGYC secured funding commitments from the Victorian Government and were seeking $9m from the Federal Government through the NSRF. The application was unsuccessful and the RGYC seeking an extension of time in relation to Council’s funding commitment to allow them to investigate alternative funding opportunities to undertake the project.

The RGYC have outlined their approach which will include an application to the Federal Government's Building Better Regions Fund (BBRF) which have only recently announced the guidelines for this scheme. Applications for the BBRF will open on 18 January 2017. Projects must be completed by 31 December 2019.

The business case outlines stages that could be undertaken in the development of the overall project. The RGYC have indicated that once stage 1A is completed they will immediately commence the next phase (Stage 2) of the project which will include an extension of the marina berths which will provide additional public access to the water.

It is anticipated however that Stage 2 will take some time to complete and will only be realised as berths are leased. The overall total cost of stages 1A and 2 is anticipated to be $31m.


Financial Implications

The $3m contribution sought from Council has been identified in Council’s Strategic Resource Plan. Should Council resolve to extend the funding commitment for the project this may alter the timeframe during which the funding is required depending upon when the RGYC are successful in obtaining matching funding.

Council's contributions to the project could be phased over three financial years. Council’s contribution would be contingent on Council funds being allocated to the improvements of the public realm and towards construction of the wave attenuator. These elements all open up additional access for public to the waterfront.


Stakeholder Consultation and Communication

In the course of completing the Business Case and Concept Plan, a wide range of key stakeholders have been consulted including:

Regional Development Victoria

Sport and Recreation Victoria

Victorian Regional Channels Authority (VRCA)

Tourism Victoria

G21 Geelong Regional Alliance

Yachting Victoria

Geelong Chamber of Commerce

Committee for Geelong

Boating Industry Association of Victoria (BIA)

Newcomb Secondary College (operator of the Victorian Sailing School

Department of Environment, Land, Water and Planning (DELWP)

 


Issues discussed included expanded community access to the precinct, greater area of public realm, more access to on-water training programs, on-going maintenance, increased employment and economic activity through a redeveloped precinct.

There are currently a small number of business operators using Fishermen’s Basin – helicopter joyflights and commercial vessels - which will need to be relocated to allow this project to proceed.

The three commercial vessels could be relocated to the northern side of Yarra Jetty with upgrades to the moorings. The relocation of the helicopter will prove more challenging but there is a possibility that a floating helipad could be utilised. Changes could be funded from the public realm allocation.


Policy/Legal/Statutory Implications

Benefits flowing from the proposed redevelopment directly align with key planning and policy objectives of State Government, City of Greater Geelong, the Royal Geelong Yacht Club and peak organisations.

This includes the Central Geelong Waterfront Master Plan 2011 (CoGG), CoGG City Plan 2013 – 2017, Central Geelong Action Plan (CoGG, 2013), Vision2 (CoGG, Deakin University, Dept. Planning and Community Development, Committee for Geelong, 2013), Victorian Coastal Strategy 2014 (Victorian Coastal Board, SGV 2014), Central Regional Coastal Plan 2015 - 2020 (Central Coastal Board, SGV), Boating Coastal Action Plan (Central Coastal Board, SGV 2007), Corio Bay Coastal Action Plan 2005, Recreational Boating Facilities Framework (Central Coastal Board, SGV 2014), Victoria’s Regional Tourism Strategy (SGV, 2013), Geelong Major Events Strategy (CoGG), Royal Geelong Yacht Club Strategic Plan (2014 - 2018), Yachting Victoria Position Paper to SGV, 2012, Yachting Victoria Strategic Plan (2013).

Current Committee of Management boundaries and leasing arrangements (including the requirement to comply with s190 of the Local Government Act) for the sea bed will need to be addressed as part of the project.


Alignment to City Plan

The Geelong Waterfront precinct is a primary focus for the local community. The project aligns with:


Conflict of Interest

An officer working on the project is a member of the Royal Geelong Yacht Club.


Risk Assessment

A workshop involving representatives of CoGG, RDV and RGYC was undertaken with a view to identifying and making a preliminary assessment of the key risks in relation to the lifecycle of the project, along with potential mitigating actions.

It has been assumed that commercial risks pertaining to the future operation and demand for marina services continues to rest with RGYC. It has been assumed that RGYC will be able to service any increased rental that CoGG might seek in response to having the use of much improved facilities.

Overall it would appear that the delivery of the project is relatively low risk.

The key configuration issue is whether the attenuator will be effective in creating a safe harbour environment. However, this risk should be mitigated by an effective design and implementation process. In relation to the success of the project in attracting increased boating activity and public participation in the precinct, the commercial risk of the boating activity will rest with RGYC.


Environmental Implications

An environmental impact study has not been undertaken as part of this business case process. In the event of the project moving forward, it is recommended that a review of planning and environmental requirements be undertaken to inform the development of the Project Implementation Plan.

As further context, the onshore components of the project essentially involve building new RGYC and VSS accommodation and facilities on the existing RGYC site. A Planning Permit has already been issued by CoGG in relation to a major renovation of the existing RGYC clubhouse.

It is not expected that any significant incremental environmental impact would result from demolishing and rebuilding on the existing site, assuming that any incremental water, waste-water and sewage requirements are adequately managed. Rather the redevelopment will provide the opportunity to upgrade and optimise the arrangements.

The on-water (marina) development is within or around the area of the existing marina, with the proposed wave attenuator along an alignment similar to that previously occupied by the Yarra St Pier. Both the wave attenuator and new marina components will be floating, providing the benefits of not inhibiting tidal flow or marine ecology. The reduction of wave action entering and crossing the marina basin from the north-west may also lessen the erosion of Eastern Beach and/or the need for dredging. Thus, the redevelopment should be a viewed as an opportunity to potentially improve the environmental health of the marina and safe harbour environment.

Energy consumption in the new facilities will be less due to appliance efficiency and through the communal use of facilities.

Stage 3 works may involve the relocation of the gross pollutant trap currently in the shallow water adjacent to the sailing school, to further out in the bay limit to limit the amount of silt and rubbish being discharged and trapped along the shore-line. This will be considered in relation to CoGG’s Central Geelong Drainage and Flood Study which will provide a storm water management plan for central Geelong, informing future development, infrastructure upgrades and greening projects.


[Back to List]

6. Central Geelong 40Km/Hr Speed Zone

Source:

Investment and Attraction - Central Geelong Action Plan

General Manager:

Brett Luxford

Index Reference:

PRJ-16-143 : Central Geelong CBD 40km Zone


Purpose

To reduce the speed limit within Central Geelong in order to create an environment that supports safe movement and city life.


Background

This project has been developed in collaboration with key stakeholders including VicRoads and TAC.

Following the report adopted by Council on the 16th of August 2016, a community engagement period of four weeks was conducted from 25 August 2016 to 22 September 2016. The purpose of the engagement was to obtain public feedback on the proposal and understand the concerns arising from the initiative, to inform decisions about implementation.


Key Issues

P Dorling moved. L Gardner seconded -

That Council:

  1. Implement the Central Geelong 40km/hr Speed Zone for the area shown in Appendix 1;

  2. Undertake works to implement the identified actions this financial year and as soon as possible through savings identified in the 2016/17 budget.;

  3. Request the staff to record the impact of the 40km/hr Speed Zone on all adjoining streets including McKillop Street and publish results;

  4. Consider McKillop Street in the Transport Network Operating Plan.

Carried.


Attachment 1

Discussion

Feedback

There were 39 comments received during the consultation period (8 additional comments were received but were not deemed related to the project). Comments were taken in person, via phone, email, written letter, Facebook post comments or comment made on online newspaper article (refer Attachment 2 – Community Feedback).

Of the 39 comments received the following were deemed:

Outcome

Following consultation no significant feedback was given for a specific change to the proposal or not to proceed with the proposal.

A draft signage scheme has been developed and will be reviewed by VicRoads prior to implementation. In addition, ‘gateway’ linemarking treatments will be applied at the entrances to the 40km/hr Speed Zone. (refer Attachment 3 - draft signage scheme and Attachment 4 - indicative linemarking).


Financial Implications

A submission of $250,000 has been made for the 2017/18 budget. In addition, a TAC Pedestrian Blackspot funding grant has been submitted. Both of these submissions would not see the project implemented until the 2017/18 financial year.

Council could support the reallocation of $250,000 from available Central Geelong Action Plan budget items to fulfil the funding, ensuring implementation early 2017. This would either defer a project, reduce the scope of the project or it could be funded through budget savings.

The funds could be reallocated from budget item D81106 – City Loop Bus Feasibility. The City Loop Bus Feasibility scope has been completed.


Stakeholder Consultation and Communication

This project has been developed in collaboration with key stakeholders including VicRoads and the TAC. This approach is consistent with the IAP2 spectrum of public participation, ‘consult’ level of engagement.

The consultation included a website that was open for the duration of the consultation (from 25 August 2016 to 22 September 2016). In addition, four ‘open house’ drop-in sessions were scheduled across the week of Saturday 3rd September to Friday 9th of September.

Owners and residents within the 40km/hr area, and owners bordering the area, were notified of the consultation by letter.

A video was released on social media, demonstrating the impacts of a vehicle travelling down Ryrie Street at 40km/hr vs 50km/hr. The consultation was also launched on the Geelong Australia website.


Alignment to City Plan

The proposal closely aligns with ‘Growing the Economy’ and ‘Sustainable and Built Environment’ by supporting the revitalisation of Central Geelong and use of more sustainable transport options to move within the CBD.


Risk Assessment

Risks to the safety of all road users in Central Geelong will be reduced as a result of the implementation of the initiative outlined in this report.


[Back to List]

7. Sessional Kindergarten Fees 2017

Source:

Community Life – Family Services

General Manager:

Linda Quinn

Index Reference:

Subject: CoGG Kindergarten Cluster Management


Purpose

To seek approval to increase kindergarten fees at Council’s three and four year old sessional programs effective from January 2017 in line with the Victorian State Government Kindergarten Funding Rates (including Kindergarten Fee Subsidy) 2017.


Background

Council operates 8 three and four year old sessional kindergarten programs across the municipality. Income is generated through parent fees and state government funding. Fee schedules for these programs are set for the following financial year during the budget formulation period.

In late June 2016, the state government announced an increase to funding rates in recognition of increased salaries for early childhood teachers and educators. Council’s kindergarten fees for fee paying parents are set based on the Victorian State Government Kindergarten Fee Subsidy (KFS) for eligible children to access free kindergarten. Council’s budget process was complete at the time of the state’s funding announcement and therefore a fee increase is necessary from first term in 2017.


Key Issues

L Gardner moved, P Dorling seconded -

That Council notes the increase to the Victorian State Government Kindergarten Fee Subsidy 2017 and approves an increase in sessional kindergarten fees in line with the above, effective from term one 2017.

Carried.


Attachment 1

Discussion

Victorian State Government Kindergarten Funding Rates (including KFS) 2017 were announced in late June 2016 post Council’s budget setting process, therefore Council’s kindergartens fee structure does not reflect the increase.

It is proposed that from January 2017, the four year old kindergarten fee will increase from $346.50 per term or $1,386 per year (2016 rate) to $358.25 per term or $1,433 per year (2017 rate). This will be a 3.4% increase in four year old kindergarten fees across all eight programs.

Three year old kindergarten fees will increase from $475 to $482.30 per term or $1,900 per year for six hours.

Council kindergarten fees for full fee paying families are set in line with the State Government fee subsidy rate. The increase in the KFS will see an increase to full fee paying families. Families that are eligible for KFS will continue to receive free kindergarten and will not be impacted.


Financial Implications

A budget projection will be required to reflect the increase in Council revenue.

The proposed increase to the kindergarten program fees and additional funding for both three year old and four year old sessional kindergarten programs will increase service income from $611,777 to $636,317, an increase of $24,540 for 2016-2017 financial year.


Stakeholder Consultation and Communication

If the proposed increase is approved, parent handbooks will be updated and a letter will be sent to each family informing them of the 2017 increase to fees.


Policy/Legal/Statutory Implications

The Victorian Local Government Act (1989) empowers Council to set user-pays fees and charges to offset the cost of delivering services for the community.


Alignment to City Plan

The subject of this report and recommendations are consistent with Council’s strategic City Plan objectives as referred under How We do Business – through responsible and sustainable financial and business management.


Conflict of Interest

No officers involved in this report have any direct or indirect interest in accordance with Section 80(c) of the Local Government Act.


Risk Assessment

The proposed increase to the 2017 fee structures for the three old sessional kindergarten programs at Grovedale Child and Family Centre may result in parents raising concerns in regards the higher increase to fees.


[Back to List]

8. Revocation of Flood Prone Area Designation of New Lots at Watermark, Stages 1 and 2

Source:

City Services - Engineering Services

Acting General Manager:

Vicki Shelton

Index Reference:

SUB-16-3161


Purpose

The purpose of this report is to revoke the designation of flood affected land within the stages of the development of Watermark, Stages 1 and 2.


Background

The current designated flood mapping (refer to Appendix 1) was designated by Council at its meeting of 12 December 2006, under the provisions of the Building Regulations 2006.

The subject of this report is the residential land at Charlemont fronting 228 - 262 Reserve Road, Charlemont. Prior to subdivision the parent lot was used primarily as farmland.


Key Issues

L Gardner moved, P Dorling seconded -

That Council revoke the Council designation of 12 December 2006 of flood affected land Watermark, Stages 1 and 2 as liable to flooding pursuant to Regulation 802(2) of the Building Regulations 2006.

Carried.


Attachment

Appendix 1 shows the existing flood designation. Appendix 2 shows the change in flood mapping at 228 - 262 Reserve Road, Charlemont after construction of the subdivision.


Discussion

Designation of land as liable to flooding under Regulation 802 of the Building Regulations 2006 enables the control of floor levels for acceptable building permit applications, or refusal of consent to building applications where there is likely to be a danger to life, health or safety due to flooding. Designation also enables disclosure of flood status within statutory information certificates such as the Land Information Certificate and Building Information Request Form.

Overland flows that may occur within the subdivision during the 100 year ARI flood event are now contained within road and drainage reserves in accordance with accepted best practice for development within flood-prone areas. Best practice requires that any overland flows within residential areas satisfy public safety criteria with respect to velocity and depth of flow.

Council has a statutory obligation under the Building Regulations 2006 to designate land as liable to flooding where it reasonably knows it to be prone to flooding. Conversely, there is an obligation to remove the encumbrance of designation from land that is no longer considered to be flood-prone.


Financial Implications

The costs of proceeding to revoke the existing designation and to designate the revised flood mapping at 228 - 262 Reserve Road, Charlemont, in accordance with the requirements of the Building Regulations 2006, are provided for within the annual recurrent budget.

No impact to budget.


Stakeholder Consultation and Communication

A revocation of designation does not warrant public consultation as it constitutes the removal of an encumbrance on land.

Relevant Council databases and flood maps will be revised and updates sent to the Corangamite Catchment Management Authority and Building Control Commission.


Policy/Legal/Statutory Implications

The City has various statutory responsibilities for drainage management and flood management (prevention, response and recovery) as set out in the Local Government Act 1989, Local Government Regulations 1990, Planning and Environment Act 1987, Building Regulations 2006, Water Act 1989, Subdivision Act 1988 and Emergency Management Act 1986.

Regulation 802(2) of the Building Regulations 2006 provides Council with the powers to ‘designate’ land liable to flooding. Regulation 802(3) provides that consent must be obtained from Council for an application to build on land liable to flooding.

Section 27 of the Interpretation of Legislation Act 1984 provides the power for Councils to ‘repeal or amend a subordinate instrument made in the exercise of that power’.

Section 807 of the Building Regulations 2006 requires Council to update the municipality’s designated special area maps at the Building Control Commission in the event of alterations to a designated special area. Designated special areas include areas designated as being liable to flooding.

Section 229 of the Local Government Act and Regulation 326 of the Building Regulations provide for the issue of information certificates containing prescribed information, including the flood status of properties.

The revised flood data for 228 - 262 Reserve Road, Charlemont will assist the City in meeting its statutory obligations with regard to flood data.

The revised flood data will also assist in fulfilling the recommendations of the Municipal Emergency Management Committee adopted by Council in November 1998 (i.e. mapping of 1 in 100 year flood levels).


Alignment to City Plan

The recommendations of this report are consistent with City Plan, in relation to Growing our Economy and promoting a sustainable built environment, sustainable land use and development.


Conflict of Interest

There are no officer direct or indirect interests with respect to this report.


Risk Assessment

Council also has some risk exposure with any failure to disclose the flood-prone status of a property in a Land Information Certificate.

The designation of the flood data produced by the flood study is a key step toward minimising Council’s exposure to these risks.

Council has a risk exposure through its statutory obligations under the Building Regulations 2006 to:

  1. designate land as liable to flooding where it reasonably knows it to be prone to flooding;

  2. specify minimum floor levels in consultation with the relevant floodplain management authority (CCMA); and

  3. refuse consent to building applications where there is likely to be a danger to life, health or safety due to flooding.

Council also has some risk exposure with any failure to disclose the flood-prone status of a property in a Land Information Certificate.

Conversely, there is an obligation to remove the encumbrance of designation from land that is no longer considered to be flood-prone. Designation of land as being liable to flooding can result in extra construction costs and concerns regarding saleability, in some cases.


Environmental Implications

The revocation of flood-prone areas designation and designation of revised flood data does not result in any known adverse environmental impacts.

The removal of a minimum floor level requirement for new dwellings may result in a minor reduction in energy and material usage during construction. In addition, concrete slab-on-ground construction, which is normally used for a non-elevated floor, achieves the minimum energy rating more readily than a timber floor on stumps.


Appendix 1

CURRENT FLOOD MAP

Current flood map

Appendix 2

REVISED FLOOD MAP

Revised flood map

[Back to List]

9. Revocation of Flood Prone Area Designation of New Lots at Charlemont, Stage 1

Source:

City Services - Engineering Services

Acting General Manager:

Vicki Shelton

Index Reference:

SUB-16-3161


Purpose

The purpose of this report is to revoke the designation of flood affected land within the stages of the development of Charlemont, Stage 1.


Background

The current designated flood mapping (refer to Attachment 1) was designated by Council at its meeting of 12 December 2006, under the provisions of the Building Regulations 2006.

The subject of this report is the residential land at Charlemont fronting 201 - 219 Horseshoe Bend Road, Charlemont. Prior to subdivision the parent lot was used primarily as farmland.


Key Issues

L Gardner moved, P Dorling seconded -

That Council revoke the Council designation of 12 December 2006 of flood affected land Charlemont, Stage 1 as liable to flooding pursuant to Regulation 802(2) of the Building Regulations 2006.

Carried.


Attachment 1

Appendix 1 shows the existing flood designation. Appendix 2 shows the change in flood mapping at 201 - 219 Horseshoe Bend Road, Charlemont after construction of the subdivision.


Discussion

Designation of land as liable to flooding under Regulation 802 of the Building Regulations 2006 enables the control of floor levels for acceptable building permit applications, or refusal of consent to building applications where there is likely to be a danger to life, health or safety due to flooding. Designation also enables disclosure of flood status within statutory information certificates such as the Land Information Certificate and Building Information Request Form.

Overland flows that may occur within the subdivision during the 100 year ARI flood event are now contained within road and drainage reserves in accordance with accepted best practice for development within flood-prone areas. Best practice requires that any overland flows within residential areas satisfy public safety criteria with respect to velocity and depth of flow.

Council has a statutory obligation under the Building Regulations 2006 to designate land as liable to flooding where it reasonably knows it to be prone to flooding. Conversely, there is an obligation to remove the encumbrance of designation from land that is no longer considered to be flood-prone.


Financial Implications

The costs of proceeding to revoke the existing designation and to designate the revised flood mapping at 201 - 219 Horseshoe Bend Road, Charlemont, in accordance with the requirements of the Building Regulations 2006, are provided for within the annual recurrent budget.

No impact to budget.


Stakeholder Consultation and Communication

A revocation of designation does not warrant public consultation as it constitutes the removal of an encumbrance on land.

Relevant Council databases and flood maps will be revised and updates sent to the Corangamite Catchment Management Authority and Building Control Commission.


Policy/Legal/Statutory Implications

The City has various statutory responsibilities for drainage management and flood management (prevention, response and recovery) as set out in the Local Government Act 1989, Local Government Regulations 1990, Planning and Environment Act 1987, Building Regulations 2006, Water Act 1989, Subdivision Act 1988 and Emergency Management Act 1986.

Regulation 802(2) of the Building Regulations 2006 provides Council with the powers to ‘designate’ land liable to flooding. Regulation 802(3) provides that consent must be obtained from Council for an application to build on land liable to flooding.

Section 27 of the Interpretation of Legislation Act 1984 provides the power for Councils to ‘repeal or amend a subordinate instrument made in the exercise of that power’.

Section 807 of the Building Regulations 2006 requires Council to update the municipality’s designated special area maps at the Building Control Commission in the event of alterations to a designated special area. Designated special areas include areas designated as being liable to flooding.

Section 229 of the Local Government Act and Regulation 326 of the Building Regulations provide for the issue of information certificates containing prescribed information, including the flood status of properties.

The revised flood data for 201 - 219 Horseshoe Bend Road, Charlemont will assist the City in meeting its statutory obligations with regard to flood data.

The revised flood data will also assist in fulfilling the recommendations of the Municipal Emergency Management Committee adopted by Council in November 1998 (i.e. mapping of 1 in 100 year flood levels).


Alignment to City Plan

The recommendations of this report are consistent with City Plan, in relation to Growing our Economy and promoting a sustainable built environment, sustainable land use and development.


Conflict of Interest

There are no officer direct or indirect interests with respect to this report.


Risk Assessment

Council also has some risk exposure with any failure to disclose the flood-prone status of a property in a Land Information Certificate.

The designation of the flood data produced by the flood study is a key step toward minimising Council’s exposure to these risks.

Council has a risk exposure through its statutory obligations under the Building Regulations 2006 to:

  1. designate land as liable to flooding where it reasonably knows it to be prone to flooding;

  2. specify minimum floor levels in consultation with the relevant floodplain management authority (CCMA); and

  3. refuse consent to building applications where there is likely to be a danger to life, health or safety due to flooding.

Council also has some risk exposure with any failure to disclose the flood-prone status of a property in a Land Information Certificate.

Conversely, there is an obligation to remove the encumbrance of designation from land that is no longer considered to be flood-prone. Designation of land as being liable to flooding can result in extra construction costs and concerns regarding saleability, in some cases.


Environmental Implications

The revocation of flood-prone areas designation and designation of revised flood data does not result in any known adverse environmental impacts.

The removal of a minimum floor level requirement for new dwellings may result in a minor reduction in energy and material usage during construction. In addition, concrete slab-on-ground construction, which is normally used for a non-elevated floor, achieves the minimum energy rating more readily than a timber floor on stumps.

Appendix 1

CURRENT FLOOD MAP

Curret flood map

Appendix 2

REVISED FLOOD MAP

Revised flood map

[Back to List]

10. Council Meeting Schedule 2017

Source:

Strategy and Performance – Customer Service and Council Business

Acting General Manager:

William Tieppo

Index Reference:

Council Governance / Council Meeting Procedures


Purpose

To adopt the meeting schedule for Council meetings in 2017.


Background

Each year Council adopts its meeting schedule for the coming year. The current Council Meeting cycle consists of four weekly rotational meetings for each month:

The Strategic Workshop and Council Briefing are closed to the public, these meetings are to allow time for briefings and discussions on key issues.


Key Issues

P Dorling moved, L Gardner seconded -

That Council

  1. endorse the current Council Meeting cycle;

  2. endorse the proposed schedule of meeting dates for 2017 as per Attachment 2;

  3. advertise any changes to the scheduled Council Meeting dates in City News and on the Geelong Australia website.

Carried.


Attachment 1

Discussion

Council has a key role to play in ensuring that decisions are made in an effective manner and that all known matters are taken into account when making decisions.

To enable the appropriate time for information gathering and ensuring proper community consultation is undertaken it is proposed that the meeting cycle continues as follows for each month:

It should however, be noted that due to the festive period in December the meeting schedule alters.

Dates for Strategic Workshops and Council Briefings can be altered without any further notice as these are closed sessions.


Stakeholder Consultation and Communication

The Council Meeting Schedule for 2017 will be placed on the Geelong Australia website once adopted.

Whilst there are no foreseeable changes to the proposed meeting schedule, it is recommended that any changes will be communicated through City News and on the Geelong Australia website.


Policy/Legal/Statutory Implications

If there is an urgent need for Council to meet prior to a scheduled Ordinary Meeting, a Special Meeting of Council may be convened pursuant to sections 83(b) and 89(4) of the Local Government Act 1989.


Attachment 2

COUNCIL MEETING SCHEDULE

January – December 2017

STRATEGIC WORKSHOP

COUNCIL BRIEFING

COMMUNITY ENGAGEMENT

COUNCIL MEETING

1st Wednesday of the month

closed to public in camera

2nd Tuesday of the month

closed to public in camera

3rd Wednesday of the month

(Night meeting – 6:00pm)

open to public to be held at various locations

4th Tuesday of the month

(Night meeting – 6:30pm)

open to public

 

17 January 2017

-

24 January 2017

Budget Briefing

7 February and 22 February 2017

14 February 2017

15 February 2017

28 February 2017

Budget Briefing

8 March and 22 March 2017

14 March 2017

15 March 2017

28 March 2017

Budget Briefing

4 April and 12 April 2017

11 April 2017

19 April 2017

26 April 2017

2 May 2017

9 May 2017

17 May 2017

23 May 2017

6 June 2017

13 June 2017

21 June 2017

27 June 2017

4 July 2017

11 July 2017

19 July

25 July 2017

1 August 2017

8 August 2017

16 August 2017

22 August 2017

5 September 2017

12 September 2017

20 September 2017

26 September 2017

3 October 2017

10 October 2017

18 October 2017

24 October 2017

8 November 2017

14 November 2017

15 November 2017

28 November 2017

 

5 December 2017

-

12 December 2017



[Back to List]

11. 2017-2018 Budget Process

Source:

Strategy and Performance – Financial Services

Acting General Manager:

William Tieppo

Index Reference:

Financial Reporting


Purpose

To confirm the 2017-18 Annual Budget timetable, Budget Objectives and process for community engagement for grant application submissions.


Background

A budget timetable is prepared each year as part of a detailed project plan to ensure statutory compliance with the Local Government Act. The timetable provides for completion of the budget development, detailed briefings with Administrators, completion of the community budget submission process, with final adoption by Council prior to 30 June.


Key Issues

L Gardner moved, P Dorling seconded -

That Council endorses the proposed:

  1. timetable for the development of the 2017-18 Annual Budget;

  2. Financial Objectives of the 2017-18 Budget;

  3. development of a new grant process for 2017-18.

Carried.


Attachment 1

Discussion

A budget timetable is prepared each year as part of a detailed project plan to ensure statutory compliance with the Local Government Act. The timetable identifies the main responsibilities, functions and timeframes to complete a review of all matters relating to the 2017-18 Budget. The Annual Budget is an important document that supports the strategic directions of Council for the next twelve months and beyond.

The draft Budget provides a financial framework to assist decision making. Financial objectives of the 2017-18 budget are aligned with the organisation strategy City Plan.

In prior financial periods the mechanism for community engagement regarding funding bids was via an on line submission portal to Council. Following a financial review recommendation, Council is developing a unified Grant Scheme to provide for different types of community based funding applications including:

A consultant will be appointed and a working group formed to drive progress towards a single grant scheme with refined evaluation criteria. Further details will be communicated in 2017.


Financial Implications

There is a Statutory obligation of Council to adopt the budget each year by 30 June. There are possible financial implications if the annual budget is not adopted by 30 June 2017. These include:


Stakeholder Consultation and Communication

There will be consultation with relevant Council Officers in the development of the new grants process.


12. Sale of Land to VicRoads – 333A Torquay Road, Mount Duneed

Source:

Strategy and Performance – Property and Procurement

Acting General Manager:

William Tieppo

Index Reference:

Property Land Sales


Purpose

To recommend that Council sell to VicRoads land at 333A Torquay Road, Mount Duneed, being a former drainage basin now occupied by Baanip Boulevard.


Background

In May 2013, VicRoads approached Council to purchase land at 333A Torquay Road, Mount Duneed for the construction of Baanip Boulevard. The land to be sold to VicRoads has an area of 20,824m2 (“the land”), leaving Council with a remodelled drainage basin and drain outlet on land area of area 21,833m2 (refer to Attachment 1).


Key Issues

L Gardner moved, P Dorling seconded -

That Council sells land of area 20,824m2 at 333A Torquay Road, Mount Duneed to VicRoads;

  1. at a price not less than the Council’s valuation; and

  2. notes that the sale will proceed under s191 of the Local Government Act and that public notice of the intended sale will not be given.

Carried.


[Back to List]

13. Emergency Management Policy

Source:

City Services – Emergency Management and Municipal Resources

Acting General Manager:

Vicki Shelton

Index Reference:

>Subject: Policies and Procedures


Purpose

The purpose of this report is to adopt the amendments to the Emergency Management Policy CPL275.2 (attached).


Background

Council policies are reviewed regularly to ensure that they remain current and relevant. Council has approved and reviewed a number of policies. This policy CPL275 2 Emergency Management Policy has expired.


Key Issues

P Dorling moved, L Gardner seconded -

That Council adopt the Emergency Management Policy CPL 275.2.

Carried.


Attachment 1

Financial Implications

This policy provides Council with direction for the effective management and control of its resources. This management ensures there is effective incident and financial accountability.


Stakeholder Consultation and Communication

Consultation was undertaken as part of the preparation of the CPL275 2 Emergency Management Policy with the City Services Duty Officer Group of the Municipal Emergency Management Planning Committee.


Policy/Legal/Statutory Implications

The policy has been developed with reference to relevant legislation in the Emergency Management Manual Victoria which is part of the Municipal Emergency Management Plan.


Alignment to City Plan

Responding to Emergency events ties into the City of Greater Geelong City Plan 2013-2017 Community Wellbeing Strategic Direction.


Conflict of Interest

No officers associated with writing this report have any direct/indirect interest in accordance with Section 80(c) of the Local Government Act 1989.


Risk Assessment

There is a risk to Council’s reputation if there is a less that adequate resource from the City during an emergency.


Environmental Implications

Most emergencies have an environmental impact, however, a measured, timely response can mitigate these impacts.


[Back to List]

14. Baker Street Group Road Construction Special Charge Scheme SRC340 – Declaration of Charge

Source:

City Services - Engineering Services

Acting General Manager:

Vicki Shelton

Index Reference:

Council Reports 2016, Special Rates and Charges, Baker Street, Ocean Grove


Purpose

The purpose of this report is to seek a resolution by Council to declare the charges for a Special Charge Scheme to partially fund the construction of roads in the Baker Street group of roads, Ocean Grove (See plan – Appendix 4).


Background

This Special Charge Scheme has been under development in its current form since 2014. The scope of work identified in the scheme is the result of a community engagement process including a response survey. 129 responses received with 85 yes votes and 44 no votes. It has been established via this survey that there is a majority of support for the scheme.

At its meeting of 10 May 2016, Council resolved to make its intention to declare the scheme. On 7 September 2016 a panel hearing was held where four property owners spoke to the panel. One property owner made a presentation in support of the scheme.


Key Issues

P Dorling moved, L Gardner seconded -

That Council:

  1. Resolves to declare the Special Charge Scheme 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 purposes of defraying expenses incurred by Council in relation to the construction of roads for streets including Field Street South, Baker Street, Osborne Street and Inskip Street, Ocean Grove which:

      1. will provide proper sealed road access, improved street drainage 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. it be recorded that, for the purposes of Section 163 (2A) of the Local government Act 1989 (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 0.85 represents the special benefits to all persons liable to pay the special charge; and

      2. ‘total cost’ (C) of performing the function described in Part b of this Resolution based on estimated cost be recorded as $1,401,626.

      3. ‘maximum levy’ (S) total amount of the special charge be levied and recorded as $1,191,382.

    4. 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 (“the area”).

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

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

    6. 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.

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

      1. The costs to be apportioned based on access and amenity benefits.

      2. 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.

    8. having regard to the preceding parts of this Resolution but subject to Section 166 (1) of the Act, it be recorded that:

      1. the owners of the land described in column 1 and 2 of Schedule C to the Resolution are estimated liable for the respective amounts set out in column 6 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 rate of interest which is payable on the special charge which has not been paid by the specified date is set at Council’s overdraft rate, reviewed every three months (provided that it shall not exceed the rate fixed by the Governor in Council by Order for the purposes of Section 172 (2A) in which case the rate of interest shall be the maximum rate fixed by the Governor in Council by Order for the purposes of this section).

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

Carried.

Attachment 1

Discussion

The scope of works includes some Council funded elements. These include drainage, a footpath in Field Street South and construction of The Esplanade between Inskip Street and Field Street South.

Drainage has traditionally been funded by Council in a road construction scheme. The Esplanade construction and the footpath in Field Street South will be funded by Council as community facilities for beach users. The Esplanade is not an essential requirement for access for any of the benefiting properties within the scheme.

During the submissions panel hearing of 7 September 2016, some concerns were brought to the table. A summary of concerns including Council officer responses are as follows:

One property owner addressing the panel was in favour of the roads and explained that they ‘cannot come soon enough’.


Financial Implications

The project has a one off capital cost and there will be minimal ongoing maintenance costs. The scheme is funded from the core road construction program C02301 and could proceed in the 2016/17 financial year if approved.

A breakdown of costs is as follows:

Estimated scheme cost to property owners

$1,191,382

Estimated scheme cost to Council is $210,244

$707,764

Estimated direct cost to Council for improved roadside drainage and footpath is $324,480

Estimated direct cost to Council for the construction of The Esplanade between Field Street South and Inskip Street is $173,040

Total Project Cost

$1,899,146


The total estimated net cost to Council for this project is $707,764


Stakeholder Consultation and Communication

Community consultation of the road construction Special Charge Scheme has been carried out as follows:

Further correspondence will be sent to all affected property owners should Council resolve to Declare the scheme.


Policy/Legal/Statutory Implications

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


Alignment to City Plan

This report aligns with the City Plan as follows:

Community Wellbeing:

Sustainably Built and Natural Environment


Conflict of Interest

No Council Officer involved with this process has any direct or indirect interest in the properties.


Risk Assessment

Provision of sealed roads will provide safer driving conditions for motorists with a defined and more standard road profile. Walking conditions for pedestrians will also be enhanced by minimising the risk of personal injuries through conflict with vehicles. The improved drainage will reduce the hazards associated with water over roads and the affects of nuisance flooding to property.

Some of the roads to be constructed are located within a culturally sensitive area. Ecology and Heritage Partners was commissioned to undertake a Cultural Heritage Letter of Advice (LoA) for the area which advised that a mandatory CHMP is not required. There are no other identified risks for Council in making its intention to declare the scheme.


Environmental Implications

The road infrastructure proposal provides proper sealed access, improved drainage and improved safety for pedestrian and vehicular traffic. Dust is eliminated.

Storm water runoff will be less contaminated with silt prior to discharge as the bulk of the storm water will be cleaner coming off a sealed road environment.

It is anticipated that minimal vegetation removal will be required to complete the project however a planning permit for vegetation removal will be sought if required.

During the course of construction and the manufacture and procurement of materials, there is expenditure of energy sources and greenhouse gas emissions. This does cease, however, when construction is complete.

The project does not create waste with the exception of some excess spoil. The proposal does not affect any natural habitats.


Appendix 1

COST ESTIMATE FOR CONSTRUCTION OF ROADS

BAKER STREET GROUP

The works for the construction of roads in Baker Street, Osborne Street Inskip Street and Field Street South which consist of excavation, drainage improvements, intersection improvements, reinstatement of nature strips, legal advice and professional services associated with survey, engineering design, supervision and administration of the project as included in the cost estimate as shown below.

Road construction including Field Street South

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.

 

ITEM

 

$80,000.00

1.02

Traffic management costs.

 

ITEM

 

$15,000.00

1.03

Setting out of works.

 

ITEM

 

$4,000.00

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.

2800

m3

$60

$168,000.00

3.00

PAVEMENT WORKS

 

 

 

 

3.01

150mm compacted depth Class 3 40mm crushed rock, supplied, spread and compacted.

1123.65

m3

$100

$112,365.00

3.02

150mm compacted depth Class 2 20mm crushed rock, supplied, spread and compacted.

1123.65

m3

$110

$123,601.50

3.03

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

7491

m2

$35

$262,185.00

4.00

CONCRETE WORKS:

 

 

 

 

 

KERBING

 

 

 

 

4.01

B1 Barrier kerbing, including fine crushed rock bedding.

208

m

$120

$24,960.00

4.02

SM2 Semi-mountable kerb and channel 600mm wide, including fine crushed rock bedding.

2635

m

$130

$342,550.00

4.03

Concrete open invert 600mm wide including fine crushed rock bedding.

184

m

$140

$25,760.00

5.00

LANDSCAPING

 

 

 

 

5.01

Top soiling and seeding nature strips, medians and outer separators.

1200

m2

$8

$9,600.00

SUB-TOTAL

$1,168,022

10% CONTINGENCY 

$116,802

DESIGN 

$58,401

PROJECT ADMINISTRATION

$58,401

CONSTRUCTION COST ESTIMATE

$1,401,626



Council Funded Works - Road Drainage and Footpath Construction

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.

 

ITEM

 

$30,000.00

1.02

Traffic management costs.

 

ITEM

 

$5,000.00

1.03

Setting out of works.

 

ITEM

 

$1,000.00

4.00

DRAINAGE

 

 

 

 

 

PIPES

 

 

 

 

4.01

300mm dia RC pipe, supplied, laid and jointed including excavation, placement of approved fine crushed rock bedding and back-filling with approved FCR.

520

m

$160

$83,200.00

 

PITS : SOAK PIT

 

 

 

 

4.02

Supply, deliver and assemble 158 Atlantis Double Storage units. Place filtergrade Geofabric around Storage units. Encase soak pit in clean river sand. Place 350mm deep layer of clean excavated material backfill.

1

ITEM

$40,000

$40,000.00

 

PITS : GRATED

 

 

 

 

4.03

900mm x 600mm grating pit supplied and placed including excavation, placement of approved fine crushed rock bedding and back-filling with approved material.

3

No.

$1,950

$5,850.00

 

PITS : September 2017

 

 

 

 

4.04

900mm x 600mm S.E.Pit, with Gatic type cover, supplied and placed including excavation, placement of approved fine crushed rock bedding and back-filling with approved material.

26

No.

$1,400

$36,400.00

 

PITS : JP

 

 

 

 

4.05

900mm x 600mm junction pit, less than 1.5m deep with Gatic type cover, supplied and placed including excavation, placement of approved fine crushed rock bedding and back-filling with approved material.

6

No.

$1,600

$9,600.00

5.00

CONCRETE WORKS:

 

 

`

 

 

PAVING

 

 

 

 

 

75mm concrete footpath with SL72 mesh including crushed rock bedding and reinstate nature strip.

400

m2

$115

$46,000.00

 

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

30

m2

$125

$3,750.00

7.00

LANDSCAPING

 

 

 

 

7.01

Top soiling and seeding nature strips, medians and outer separators.

1200

m2

$8

$9,600.00

SUB-TOTAL

$270,400

10% CONTINGENCY

$27,040

DESIGN  

$13,520

PROJECT ADMINISTRATION 

$13,520

CONSTRUCTION COST ESTIMATE  

$324,480



Council Funded Works - The Esplanade

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

ITEM

 

$15,000.00

1.02

Traffic management costs.

1

ITEM

 

$5,000.00

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.

350

m3

$60

$21,000.00

3.00

PAVEMENT WORKS

 

 

 

 

3.01

150mm compacted depth Class 2 20mm crushed rock footpath, supplied, spread and compacted.

20

m3

$120

$2,400.00

3.02

150mm compacted depth Class 3 40mm crushed rock, supplied, spread and compacted.

175

m3

$100

$17,500.00

3.03

150mm compacted depth Class 2 20mm crushed rock, supplied, spread and compacted.

175

m3

$120

$21,000.00

3.04

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

1170

m2

$35

$40,950.00

4.00

LANDSCAPING

 

 

 

 

4.01

Top soiling and seeding nature strips, medians and outer separators.

250

m2

$15

$3,750.00

4.02

Bollards 125mm dia, 1.2m high round top treated pine supplied and placed with concrete backfill.

104

No

$150

$15,600.00

5.00

SIGNING, LINE-MARKING AND FENCING

 

 

 

 

5.01

Line-marking

1

ITEM

$2,000.00

SUB-TOTAL

$144,200

10% CONTINGENCY 

$14,420.00

DESIGN 

$7,210.00

PROJECT ADMINISTRATION 

$7,210.00

CONSTRUCTION COST ESTIMATE 

$173,040



Appendix 2

Benefit Ratio Calculation – SCHEDULE ‘B’

A

Purpose

 

 

To construct Field Street South, Baker Street, Osbourne Street, Inskip Street and The Esplanade, Ocean Grove.

 

 

B

Coherence

 

 

The works will provide a physical connection between Presidents Avenue, Orton Street, Surf Beach Road and Barwon Heads Road, Ocean Grove and will provide a special benefit to adjoining and adjacent properties.

 

 

C

Total Cost C

 

 

Total Estimated cost of works - urban beachside road construction

$1,401,626.00

 

TOTAL COST

 

$1,401,626.00

D

Identify Special Beneficiaries

 

 

106 properties are considered to receive a combination of access and amenity benefits.

 

 

E

Properties to include

 

 

Total Special Benefits (in) is apportioned to 106 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 an equal portion of access and amenity benefits apply to an individual property therefore 50% of the benefits relate to access and 50% to amenity. Estimated use of the roads is 30% for the wider community and 70% for the affected property owners. This estimate is based on the average use of the roads over a twelve month period and has been calculated with the use of collated traffic data. There are no amenity benefits apportioned for the wider community. Amenity benefit is based on frontage with 100% of the new roads fronting benefiting properties. TSB (in) is therefore calculated as follows:

 

 

TSB (in) = 50% X 70%(access) + 50% X 100% (amenity)

=

 

85.0%

 

 

G

Estimate of Total Community Benefit -TCB

 

 

 

 

 

 

 

It is considered that people in the community will receive an access benefit from the works as the roadways are used to access other areas considering potential destinations such as the surf beach, Dunes restaurant and access to surrounding roads. TCB is calculated as follows:

 

 

TCB = 50% X 30% (access) =

 

 

 

 

15.0%

 

 

H

Calculate "Benefit Ratio" - R

 

 

 

 

 

 

 

Benefits Ratio =

TSB (in)

=

85

0.85

 

 

 

TSB (in) +

TSB (out) + TCB

 

85 + 0 + 15

 

 

I

Maximum Total Levy (S)

 

 

Maximum Total Levy S = R X C

$1,191,382.10

 

Council Contribution to Special Charge Scheme

$210,243.90



Appendix 3

SCHEDULE “C”

PROPOSED SPECIAL CHARGE SCHEME - ROAD CONSTRUCTION OCEAN GROVE

Baker Street Group - Road Construction Cost Apportionment

Column 1

Column 2

Column 3

Column 4

Column5

Column 6

Prop Key

Address

Access Benefit

Amenity Benefit

Total Benefit

Total Estimated
Cost

244172

1-3 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244191

2 Baker Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

244192

4 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244173

5 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244193

6 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244174

7-9 Baker Street, OCEAN GROVE

2.0

2.00

4.00

$19,043.07

244194

8 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244175

11 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244176

13 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

327367

1/15 Baker Street, OCEAN GROVE

1.0

0.75

1.75

$8,331.34

327368

2/15 Baker Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

201419

1/25 Baker Street, OCEAN GROVE

1.0

0.75

1.75

$8,331.34

222101

2/25 Baker Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

221742

3/25 Baker Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

343241

Unit 1/29-33 Baker Street, OCEAN GROVE

0.0

0.25

0.25

$1,190.19

271896

Unit 2/29-33 Baker Street, OCEAN GROVE

0.0

0.25

0.25

$1,190.19

271897

Unit 3/29-33 Baker Street, OCEAN GROVE

0.0

0.25

0.25

$1,190.19

334931

Unit 4/29-33 Baker Street, OCEAN GROVE

0.0

0.25

0.25

$1,190.19

271899

Unit 5/29-33 Baker Street, OCEAN GROVE

0.0

0.25

0.25

$1,190.19

343242

Unit 6/29-33 Baker Street, OCEAN GROVE

0.0

0.25

0.25

$1,190.19

271901

Unit 7/29-33 Baker Street, OCEAN GROVE

0.0

0.25

0.25

$1,190.19

343243

Unit 8/29-33 Baker Street, OCEAN GROVE

0.0

0.25

0.25

$1,190.19

244181

35 Baker Street, OCEAN GROVE

0.5

0.50

1.00

$4,760.77

356854

36 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

269729

PARENT - 36 Baker Street, OCEAN GROVE

 

 

0.00

$0.00

244182

37 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

272284

1/38 Baker Street, OCEAN GROVE

1.0

0.75

1.75

$8,331.34

272285

2/38 Baker Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

244183

39 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244197

40 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244184

41 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244198

42 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

341149

1/43 Baker Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

341150

2/43 Baker Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

244199

44 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244186

45 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

335617

1/46 Baker Street, OCEAN GROVE

1.0

0.75

1.75

$8,331.34

335618

2/46 Baker Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

270348

1/47 Baker Street, OCEAN GROVE

1.0

0.75

1.75

$8,331.34

270349

2/47 Baker Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

244201

48 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244188

49 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244202

50 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244189

51 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244203

52 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244190

53 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

244204

54 Baker Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

356855

137 Field Street South, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

253744

1/1-3 Inskip Street, OCEAN GROVE

1.0

0.25

1.25

$5,950.96

253745

2/1-3 Inskip Street, OCEAN GROVE

1.0

0.25

1.25

$5,950.96

253746

3/1-3 Inskip Street, OCEAN GROVE

1.0

0.25

1.25

$5,950.96

253747

4/1-3 Inskip Street, OCEAN GROVE

1.0

0.25

1.25

$5,950.96

253748

5/1-3 Inskip Street, OCEAN GROVE

1.0

0.25

1.25

$5,950.96

253749

6/1-3 Inskip Street, OCEAN GROVE

1.0

0.25

1.25

$5,950.96

253750

7/1-3 Inskip Street, OCEAN GROVE

1.0

0.25

1.25

$5,950.96

264136

2 Inskip Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

336258

1/4 Inskip Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

336259

2/4 Inskip Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

253751

5 Inskip Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

314987

1/6 Inskip Street, OCEAN GROVE

1.0

0.75

1.75

$8,331.34

314988

2/6 Inskip Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

318158

1/8 Inskip Street, OCEAN GROVE

1.0

0.75

1.75

$8,331.34

318159

2/8 Inskip Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

312894

16 Inskip Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

312893

18 Inskip Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

312892

20 Inskip Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

312891

22 Inskip Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

312890

24 Inskip Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

264147

30-34 Orton Street, OCEAN GROVE

1.0

1.75

2.75

$13,092.11

350443

8/32 Orton Street, OCEAN GROVE

0.0

0.25

0.25

$1,190.19

314298

1 Osborne Street, OCEAN GROVE

1.0

0.75

1.75

$8,331.34

314299

3 Osborne Street, OCEAN GROVE

1.0

0.75

1.75

$8,331.34

257308

5 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257309

7 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257310

9 Osborne Street, OCEAN GROVE

2.0

2.00

4.00

$19,043.07

257311

1/11 Osborne Street, OCEAN GROVE

2.0

2.00

4.00

$19,043.07

257312

2/11 Osborne Street, OCEAN GROVE

 

 

 

$0.00

257313

3/11 Osborne Street, OCEAN GROVE

 

 

 

$0.00

257314

4/11 Osborne Street, OCEAN GROVE

 

 

 

$0.00

257315

5/11 Osborne Street, OCEAN GROVE

 

 

 

$0.00

257316

6/11 Osborne Street, OCEAN GROVE

 

 

 

$0.00

338009

1/18 Osborne Street, OCEAN GROVE

1.0

0.75

1.75

$8,331.34

338010

2/18 Osborne Street, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

257327

20 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257328

1/22 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257329

2/22 Osborne Street, OCEAN GROVE

 

 

 

$0.00

257330

24 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257331

26 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257332

28 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

330522

34 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257317

35 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

250549

36 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257318

37 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

250550

38 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257319

39 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

250551

40 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257320

41 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

250552

42-44 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257321

43 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257322

45 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257323

47 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257324

49 Osborne Street, OCEAN GROVE

1.0

1.00

2.00

$9,521.54

257325

51 Osborne Street, OCEAN GROVE

0.5

0.25

0.75

$3,570.58

264146

16 Sweetman Parade, OCEAN GROVE

0.0

0.50

0.50

$2,380.38

314297

18 Sweetman Parade, OCEAN GROVE

1.0

0.50

1.50

$7,141.15

312883

1/5-7 The Esplanade, OCEAN GROVE

1.0

0.25

1.25

$5,950.96

312884

2/5-7 The Esplanade, OCEAN GROVE

1.0

0.25

1.25

$5,950.96

312885

3/5-7 The Esplanade, OCEAN GROVE

1.0

0.25

1.25

$5,950.96

312886

4/5-7 The Esplanade, OCEAN GROVE

1.0

0.25

1.25

$5,950.96

312887

5/5-7 The Esplanade, OCEAN GROVE

1.0

0.25

1.25

$5,950.96

312888

6/5-7 The Esplanade, OCEAN GROVE

1.0

0.25

1.25

$5,950.96

312889

7/5-7 The Esplanade, OCEAN GROVE

1.0

0.25

1.25

$5,950.96

264134

9 The Esplanade, OCEAN GROVE

37.0

37.00

74.00

$352,296.80

330521

29 The Esplanade, OCEAN GROVE

1.0

1.00

2.00

$9,521.54



Appendix 4

PLAN

[image]

Attachment 2

PROCESS CHART

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

Baker Street Group of Streets

Stage

Status

Description

Approval to prepare scheme

✓

Decision made to prepare scheme following consideration of surveys of property owners 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. April 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. 10 May 2016

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. 21 May 2016

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 (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. 7 September 2016

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]

15. Montpellier Drive, Highton – Proposed Footpath Construction – SRC345 – Declaration of Charge

Source:

City Services – Engineering Services

Acting General Manager:

Vicki Shelton

Index Reference:

Special Rates and Charges, Montpellier Drive, Highton


Purpose

This report seeks a resolution by Council to declare the charges for a Special Charge Scheme to partially fund the construction of a footpath in Montpellier Drive and Reigate Road, Highton. (See plan – Appendix 4).


Background

Existing footpaths are in place in Lansbury Crescent to the north, Cheam Walk and Lambhill Crescent to the west and Mount Pleasant Road to the south. The construction of the Montpellier Drive and Reigate Road footpaths will provide a new link with these footpaths and improved the pedestrian network around the Montpellier Primary School.

An attempt at a Special Charge scheme was made in 2005 but this scheme was not presented to Council at the time.

The affected property owners were advised of a new scheme proposal via a mail out in June 2015. The mail out included a survey and out of the 20 properties affected by the scheme, 12 property owners responded.

The results included two (2) yes votes for the proposed footpath and 10 no votes.

On 27 January 2016, Council resolved it intention to declare the scheme and the scheme was advertised on 6 February 2016.

On 7 September 2016, a panel hearing was convened.


Key Issues

P Dorling moved, L Gardner seconded -

That Council:

  1. Resolves to declare the Special Charge Scheme as follows:

    1. The Special Charge is declared for a period of five (5) years commencing upon completion of the works.

    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 Montpellier Drive and Reigate Road, 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 $158,729 (Schedule A).

    4. It be recorded that, for the purposes of Section 163 (2A) of the Local Government Act 1989 (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 $130,824; and

      3. ‘maximum levy’ (S) be recorded as $41,863.68

    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 an 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.

Attachment 1

Discussion

When considering the Benefit Ratio for this footpath scheme, it is reasonable that a majority of cost be apportioned to the community benefit when considering the proximity of the Montpellier Primary School. 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 $2,093 which compares favourably to other recent footpath schemes.

Of the panel hearing of 7 September 2016, the main concerns raised and corresponding officer considerations include:


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 set in the C15310 project cost.

Financial details are as follows:

Maximum scheme levy to Property Owners (income)

$41,863.68

Scheme levy to Council

$88,960.32

Direct Funding by Council to reinstate driveways, porous paving and construct a supporting retaining wall.

$27,905.00

Total Project Cost

$158,729.00


From the table above, the total net cost to Council for this project is estimated to be $116,865.


Stakeholder Consultation and Communication

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

30 June 2015 – Initiation letter including a concept plan, cost estimate, apportionment of charges, Special Rates and Charges brochure and survey to property owners.

29 January 2016 – Letter to owners advising of Council’s Intention to declare the scheme and invitation to make a submission.

17 May 2016 – Update letter to owners advising of the upcoming panel hearing and process.

7 September 2016 – Panel Hearing

5 October 2016 – Letter to owners advising of the results of the panel hearing and decision to proceed to declaration.

Some phone calls have been fielded in response to the correspondence. A further letter will be sent to all affected property owners should Council resolve to declare the Special Charge Scheme.


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


Conflict of 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 footpath 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 declaration of charge.


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. Two small nature strip trees are earmarked for removal. A specialised porous pavement is to be used around the root zones of some of the more established trees within the nature strip. This will protect and preserve the tree roots.


Appendix 1

SCHEDULE ‘A’

The works for the construction of a footpath in Montpellier Drive and Reigate Road, Highton which consist of excavation, concrete footpath, reinstatement of nature strip, miscellaneous construction works 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 – Montpellier Drive and Reigate Road, HIGHTON

SCHEME - FOOTPATH CONSTRUCTION

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

item

$12,000.00

$12,000.00

1.02

Traffic management costs.

1

item

$4,300.00

$4,300.00

1.03

Setting out of works.

1

item

$500.00

$500.00

1.04

Service/Cable locations

1

item

$1,000.00

$1,000.00

1.05

Internal supervision fee (COGG construction)

1

item

$6,500.00

$6,500.00

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.

20

m3

$60.00

$1,200.00

2.02

Saw-cut of concrete and asphalt paving

1

item

$250.00

$250.00

2.03

Remove/Trim of overhanging branches and replacement of trees and disposal as per plan.

1

item

$1,000.00

$1,000.00

3.00

PAVEMENT WORKS

 

 

 

 

3.01

Supply, place and compaction of 20mm Class 2 FCR in pavement area in front of kerb and channel to 300mm deep including, 30mm compacted depth 10mm nominal size type N Asphalt spread and compacted including emulsion prime and grit.

7

m2

$155.00

$1,085.00

3.02

Porous paving construct sub and top surface layers including edging, supplied, spread and compacted.

106

m2

$280.00

$29,680.00

4.00

CONCRETE WORKS:

 

 

`

 

4.01

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

2

No.

$250.00

$500.00

4.02

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

531

m2

$125.00

$66,375.00

5.00

SERVICES

 

 

 

 

5.01

Alteration to Telecommunication Assets

1

item

$500.00

$500.00

6.00

LANDSCAPING

 

 

 

 

6.01

Top soiling and seeding nature strips.

70

m2

$8.00

$560.00

SUB-TOTAL:

$125,450

10% CONTINGENCY:

$12,545

Design

$7,527

Project Administration

$5,018

CONSTRUCTION COST ESTIMATE

$150,540


COUNCIL FUNDED WORKS – Driveway re-establishment, porous paving and retaining wall

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

item

$1,000.00

$1,000.00

1.02

Traffic management costs.

1

item

$500.00

$500.00

1.03

Internal supervision fee (COGG construction)

1

item

$500.00

$500.00

2.00

PAVEMENT WORKS

 

 

 

 

2.01

Porous paving construct sub and top surface layers including edging, supplied, spread and compacted.

106

m2

$155.00

$16,430

3.00

CONCRETE WORKS:

 

 

`

 

3.01

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

5

m

$410.00

$2,050.00

3.02

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

19

m2

$146.00

$2,774.00

SUB-TOTAL:

$23,254

10% CONTINGENCY:

$2,325

Design

$1,395

Project Administration

$930

CONSTRUCTION COST ESTIMATE

$27,905



Appendix 2

Benefit Ratio – Schedule ‘B’

A

Purpose

 

 

To construct a footpath in Montpellier Drive and Reigate 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 Mt Pleasant Road and Lansbury Crescent, between Reigate Road and Culzean Crescent and will provide a special benefit to adjoining and remote properties.

 

 

C

Total Cost C

 

 

Total Estimated cost of works - footpath construction

$158,729.00

 

Direct funding by Council to rebuild concrete driveways, a new reinforced concrete retaining wall and contribution towards porous paving

$27,905

 

 

TOTAL COST

 

$130,824

D

Identify Special Beneficiaries

 

 

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

 

 

E

Properties to include

 

 

The 20 abutting properties receive both access and amenity benefits. Therefore:

 

 

Total Special Benefits (in) is apportioned to 20 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 = 80% X 85% =

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

$41,863.68

 

Council Contribution to Special Charge Scheme

$88,960.32



Appendix 3

SCHEDULE ‘C’

SPECIAL CHARGE SCHEME FOR FOOTPATH CONSTRUCTION

MONTPELLIER DRIVE and REIGATE 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

2 Montpellier Drive, HIGHTON VIC 3216

16.48

2.30

14.18

1.00

$1,268.60

$781.00

$2,049.60

2

4 Montpellier Drive, HIGHTON VIC 3216

16.00

4.04

11.96

1.00

$1,268.60

$658.63

$1,927.22

3

6 Montpellier Drive, HIGHTON VIC 3216

16.00

2.90

13.10

1.00

$1,268.60

$721.40

$1,989.99

4

8 Montpellier Drive, HIGHTON VIC 3216

19.20

2.52

16.68

1.00

$1,268.60

$918.53

$2,187.13

5

10 Montpellier Drive, HIGHTON VIC 3216

19.20

0.00

19.20

0.50

$ 634.30

$1,057.28

$1,691.58

6

12 Montpellier Drive, HIGHTON VIC 3216

18.29

0.00

18.29

0.50

$ 634.30

$1,006.94

$1,641.24

7

14 Montpellier Drive, HIGHTON VIC 3216

22.86

3.76

19.10

1.00

$1,268.60

$1,051.65

$2,320.24

8

16 Montpellier Drive, HIGHTON VIC 3216

18.29

4.40

13.89

1.00

$1,268.60

$764.67

$2,033.27

9

18 Montpellier Drive, HIGHTON VIC 3216

24.38

4.40

19.98

1.00

$1,268.60

$1,100.32

$2,368.92

10

20 Montpellier Drive, HIGHTON VIC 3216

16.31

0.00

16.31

0.50

$ 634.30

$897.85

$1,532.15

11

22 Montpellier Drive, HIGHTON VIC 3216

20.47

0.00

20.47

0.50

$ 634.30

$1,127.21

$1,761.51

12

24 Montpellier Drive, HIGHTON VIC 3216

24.38

4.80

19.58

1.00

$1,268.60

$1,078.30

$2,346.89

13

25 Montpellier Drive, HIGHTON VIC 3216

26.57

4.10

22.47

1.00

$1,268.60

$1,237.11

$2,505.71

14

26 Montpellier Drive, HIGHTON VIC 3216

21.34

5.38

15.96

1.00

$1,268.60

$878.54

$2,147.13

15

27 Montpellier Drive, HIGHTON VIC 3216

22.86

4.95

17.91

1.00

$1,268.60

$986.12

$2,254.72

16

28 Montpellier Drive, HIGHTON VIC 3216

21.33

0.00

21.33

0.50

$ 634.30

$1,174.32

$1,808.62

17

29 Montpellier Drive, HIGHTON VIC 3216

19.81

4.23

15.58

0.50

$ 634.30

$857.95

$1,492.24

18

262 Mt Pleasant Road, HIGHTON VIC 3216

38.10

2.50

35.60

0.50

$ 634.30

$1,960.14

$2,594.43

19

44 Reigate Road, HIGHTON VIC 3216

29.04

3.70

25.34

1.00

$1,268.60

$1,395.49

$2,664.09

20

46 Reigate Road, HIGHTON VIC 3216

26.24

3.02

23.22

1.00

$1,268.60

$1,278.39

$2,546.99



Appendix 4

Plan

Plan showing properties included in the proposed scheme and location of proposed footpath



Attachment 2

PROCESS CHART

 

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

MONTPELLIER DRIVE and REIGATE 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. 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. 27 January 2016.

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. 6 February 2016.

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. Closed 7 March 2016.

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. 7 September 2016.

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]

16. Audit and Risk Committee Charter

Source:

Chief Executive Office - Corporate Internal Auditor

CEO:

Kelvin Spiller

Index Reference:

Audit - CG - Internal


Purpose

To rescind the previous Audit Advisory Committee Terms of Reference and Charter and to adopt the proposed Audit and Risk Committee Charter.


Background

A review by the Audit Advisory Committee of the current Charter has been undertaken. The proposed new Audit and Risk Committee Charter (Attachment 1) and the current Audit Advisory Committee Terms of Reference and Charter (Attachment 2) are attached.


Key Issues

L Gardner moved, P Dorling seconded -

That Council:

  1. rescinds the Audit Advisory Committee Terms of Reference and Charter (Attachment 2); and

  2. adopts the Audit and Risk Committee Charter (Attachment 1).

Carried.


[Back to List]

Contents | Previous Page: Section A - Procedural Matters | Next Page: Section C - Assembly of Councillors