Council Minutes - Section B: Reports - 9 October 2012

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Reports tabled at the Ordinary Meeting of Council on Tuesday 9 October 2012 held at City Hall, Little Malop Street in Geelong.

1. Emergency Management - 2012/2013 Fire Danger Period Preparedness Report

2. Streetlife Funding

3. Animal Registration Update

4. Torquay Road and Marshalltown Road, Grovedale - Proposed Footpath Construction - SRC 332 - Declaration of Charge

5. Manton Road and Lester Street, Moolap - Proposed Road Construction - SRC 331 - Declaration of Charge

1. Emergency Management - 2012/2013 Fire Danger Period Preparedness Report

Summary

• This report informs Council on the anticipated weather conditions over the next three months and outlines council’s preparedness actions currently being implemented for the 2012/2013 Fire Danger Period;

• The Bureau of Meteorology (BoM) are advising that September is usually the time when El Niño events consolidate, however, recent cooling of the equatorial Pacific Ocean is somewhat unusual, hence the risk of an El Niño event (i.e. dryer than wetter) remains;

• The BoM’s, September 2012, El Niño Southern Oscillation (ENSO) Statement advises that indicators such as the Southern Oscillation Index (SOI) and Tropical Cloud patterns have remained at neutral levels;

• Climate models surveyed suggest that Sea Surface Temperatures (SSTs) in the tropical Pacific Ocean will remain at values around typical El Niño thresholds for the remainder of 2012;

• The Indian Ocean Dipole (IOD) is currently positive. A positive IOD is typically associated with decreased winter and spring rainfall over parts of southern, central and northern Australia;

• At the time of drafting this report, the Country Fire Authorities District 7 Office had not advised as to the date of the 2012/13 Fire Danger Period (FDP) seasonal outlook briefing. However, given the number of rain events the municipality and region have experienced in the first 6-7 months of 2012 and the resulant prolific growth, the greatest fire risk for the 2012/13 fire danger period is expected to come from fast moving grass fires rather than bushfires;

• Council’s Coordinator Emergency Management and the Municipal Fire Prevention Officer will be attending a 2012/13 Fire Season Communications Briefing on October 11^th, 2012. This briefing is being coordinated by the Municipal Association of Victoria and the Department of Justice;

• In order to prepare for the Fire Danger Period (FDP), the City of Greater Geelong has a total of total of 50 FDP preparedness actions it implements in order to prepare the municipality for the Fire Danger Period. These actions are grouped under the headings of:

• Training

• Database updates

• Community Education

• Documentation reviews

• Field Operations Actions and

• Miscellaneous Actions

• Actions are allocated to specific officers, including, but not limited to, the Municipal Recovery Manager, Municipal Fire Prevention Officer, and the Coordinator Emergency Management / Municipal Emergency Resource Officer;

• These actions will be worked though on the lead up to the Fire Danger Period being declared for the City of Greater Geelong by the Country Fire Authority.

Cr Richards moved, Cr Fisher seconded -

That Council acknowledges the Emergency Management – 2012/2013 Fire Danger Period Preparedness Report.

Carried.

Report

Background

Over the last six years, council officers have taken steps to document actions that will ensure that the municipality, as far as is practicable, is prepared for the annual Fire Danger Period which is usually declared by the Country Fire Authority for the City of Greater Geelong during November and can continue through to May of the following year.

These actions compliment council’s emergency management planning and ensure that council meets legislative responsibilities under the Emergency Management Act, 1986 and the Country Fire Authority Act 1958.

Discussion

1. Bureau of Meteorology September 2012 El Niño Southern Oscillation Statement (ENSO):

On September 24^th 2012, the Bureau of Meteorology (BoM) released its most recent ENSO Statement. These Statements are released every 2 weeks and within the most recent release the BoM advised: ‘Tropical Pacific Ocean temperatures have generally cooled over the past fortnight, easing towards neutral values (neither El Niño nor La Niña). Other ENSO indicators such as the Southern Oscillation Index (SOI) and Tropical Cloud Patterns have remained at neutral levels.

‘Given September is the time of year when El Niño events consolidate, this recent cooling is considered somewhat unusual, hence the risk of an El Niño event remains.

‘Despite the shift towards neutral conditions, the tropical Pacific remains warmer than average. When combined with the patterns of cloud and ocean temperatures in the Indian Ocean, conditions continue to favour below average spring rainfall over much of Australia. Climate models surveyed by the Bureau of Meteorology suggest sea surface temperatures in the tropical Pacific Ocean will maintain values around typical El Niño thresholds for the remainder of 2012.’

The BoM’s statement went on to say ‘...the Indian Ocean Dipole (IOD) is currently positive, with weekly values of the IOD index consistently above positive thresholds for the past two months. Outlooks from the Bureau’s climate model indicate the IOD will most likely remain positive throughout the remainder of spring. A positive IOD is typically associated with decreased winter and spring rainfall over parts of southern, central and northern Australia.’

El Niño and La Niña events are determined by a number of climate indicators including:

• Monthly & Weekly Pacific Ocean Sea Surface Temperatures;

• Monthly & Weekly Pacific Ocean Sub-surface Temperatures;

• Southern Oscillation Index (i.e. the difference between surface barometric pressures at Darwin and Tahiti);

• Strength of Trade Winds across the equatorial Pacific;

• Level of Cloudiness near the International Date Line; and

• International Climate Prediction Models surveyed by the BoM

Re Monthly Sea Surface Temperatures (SSTs)

The sea-surface temperature (SST) anomaly map for August 2012 shows the focus of warmer than-average SSTs has migrated towards the central tropical Pacific Ocean, whereas during July 2012, the warmest anomalies were located in the east of the tropical Pacific. SSTs are close to average across the far eastern tropical Pacific and the Maritime Continent. An area of water along the equator is more than 1 °C warmer than usual.

Re Weekly Sea Surface Temperatures

Sea-surface temperature (SST) anomalies in the central and eastern tropical Pacific have cooled slightly, when compared with two weeks ago. However, the SST anomaly map for the week ending 23 September shows SSTs remain warmer than average across much of the equatorial Pacific.

Re Monthly Pacific Ocean Sub-surface Temperatures

The four-month sequence (to 24 September, 2012) of sub-surface temperature anomalies in the equatorial Pacific Ocean shows that cooling has occurred across most of the sub-surf ace of the equatorial Pacific. A small area of the sub-surface in the eastern Pacific remains more than 2 °C warmer than average, while a tongue of cooler-than-average water has emerged, stretching from surface waters in the far eastern Pacific to the central Pacific sub-surf ace.

Re Weekly Pacific Ocean Sub-surface Temperatures

Sub-surface temperature anomalies in the equatorial Pacific have remained generally similar to those of two weeks ago. The map for the 5 days ending 23 September 2012, shows very weak warm anomalies across the top 100m of the equatorial Pacific.

Re Southern Oscillation Index

The Southern Oscillation Index (SOI) has remained within neutral values during the past fortnight. The latest (23 September, 2012) 30-day SOI value is +2.4. Sustained positive values of the SOI above +8 may indicate a La Niña event, while sustained negative values below −8 may indicate an El Niño event. Values of between about +8 and −8 generally indicate neutral conditions.

Re Trade Winds

Trade winds have remained generally similar to two weeks ago across the equatorial Pacific. In the western tropical Pacific westerly wind anomalies (weaker than average trade winds) are present, with the wind anomaly map for the 5 days ending 23 September, 2012, showing westerly anomalies have strengthened slightly over this area, while winds are near-average across the central and eastern tropical Pacific.

During La Niña events, i.e. wetter than drier periods, there is a sustained strengthening of the trade winds across much of the tropical Pacific, while during El Niño events, i.e. drier than wetter periods, there is a sustained weakening of the trade winds.

Re Cloudiness near the International Date Line

Cloudiness near the Date Line has continued to fluctuate over the past two weeks, but has remained close to average values. Cloudiness along the equator, near the Date Line, is an important indicator of ENSO conditions as it typically increases near and to the east of the Date Line during an El Niño event and decreases during a La Niña event.

Re Climate Models

Nearly all of the international climate models surveyed by the BoM indicate that SSTs in the equatorial Pacific Ocean are likely to remain similar to their current values (i.e. in the neutral range but to El Niño thresholds) for the remainder of 2012, and into early 2013.

2. Fire Season:

At the time of drafting this report, Country Fire Authorities District 7 had not advised when the pre - FDP yearly briefing would be held, however, given the number of rain events that have occurred during the first 9-months of 2012 along with the prolific, it is reasonable to expect that the greatest threat from fire to the City of Greater Geelong during the Fire Danger Period will be from fast moving grass fire rather than bushfires.

3. Preparedness Actions

The 50 Fire Danger Period preparedness actions have been sub-divided into six main categories viz:

• Training

• Database reviews and updates

• Community Education

• Document reviews

• Field Operations

• Miscellaneous

All actions are programmed to be undertaken at particular times of the calendar year and are allocated to particular officers. All actions are also incorporated into council’s Corvu software program so that tracking the status of each action is possible.

In addition to the above, there are a number of tasks that as yet have not been included within the above list of actions, nonetheless they are important to council’s state of readiness:

• Victorian Fire Risk Register (VFRR)

  The 2010 VFRR program was reviewed with CFA, VicPol, Council representatives and other Agencies on Tuesday 23^rd August 2011. The 2011 review did not alter the 2010 ratings viz:

  
  

  Location	2010 Risk Rating	2011 Risk Rating
  Anakie Township	1B	1B
  Breamlea	1B	1B
  Staughton Vale	2A	2A
  Point Lonsdale	2A	2A
  Lower Bluff, St Leonards	2A	2A
  Stephens Pde, Barwon Heads	2A	2A
  Ceres Township	2A	2A
  Indented Head/St Leonards	3A	3A
  Lara (Township)	3A	3A
  Lara (North East Sector)	3A	3A
  Woodlands Estate, Ocean Grove	4	4
  Ocean Grove Foreshore	4	4
  Little River	No rating	No rating

   

  The 2012 review is scheduled for November 2012. The review provides the framework that helps support and inform the Municipal Fire Management Plan as well as identify those communities that require Community Information Guides, (previously known as Township Protection Plans). It also helps council prioritise its roadside slashing and fire plug maintenance programs.

• Victorian Bushfire Royal Commission Implementation Group

  Comment: This cross-divisional group is chaired by the General Manager – City Services. Its main task is to ensure all 2009 Victorian Bushfire Royal Commission recommendations that impact on this municipality are actioned. Currently this plan consists of 25 x A3 pages.

• Vulnerable People/Facilities

  Comments: Council has undertaken a body of work that includes

1. Development of a spreadsheet that lists funded facilities that are located in High, Very High and Extreme geographic areas at risk of bushfire;

2. Monitoring the State Governments $10.4m budget allocation over 4-years to the Department of Human Services, Red Cross and Department of Health to develop a web-based database and emergency planning, screening and assessment component; and

3. The development of an ‘all hazards, all municipality funded facility database and making use of the Pathways and WEAVE databases in order to display and deliver this information to the Police.

• Strategic Fire Management Roads

  Comments: A reassessment of the current list of strategic fire management roads by council’s Municipal Fire Management Planning Committee is nearing completion. This assessment uses the state wide ‘Terramatrix’ process to rank these roads so as to ensure that they are keeping pace with the municipalities’ development.

  At present there is no pre-set CFA criteria for a strategic fire management road and the maintenance criteria that needs to be applied. Council officers have raised this issue at the Barwon South West Regional Strategic Fire Management Planning Committee during 2011. This committee has in turn referred the issue onto the State Fire Committee. To date, no response has been received from the State Fire Committee on this matter.

Environmental Implications

Amendment C275 will ensure that on site environmental conditions are suitable for sensitive land uses. No adverse environmental impacts are expected as a result of the Amendment as it seeks to impose a control rather than a rezoning.

Financial Implications

The above preparedness actions involve officer time which is fully budgeted for.

Policy/Legal/Statutory Implications

All Victorian Councils have statutory responsibilities under the Emergency Management Act 1986, and the Country Fire Authority Act 1958. These responsibilities are essentially to resource, plan and respond to emergency situations. Councils are also required to have a Municipal Emergency Management Plan and appoint officers to particular positions under the Emergency Management Act 1986 and the Country Fire Authority Act 1958. The City of Greater Geelong is meeting these responsibilities.

Officer Direct or Indirect Interest

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

Risk Assessment

Dealing with a bushfire/wildfire event is high risk for all concerned. To this end, all preparedness actions that have been listed in this report are designed to ensure, as far as is practicable, that the risks to the community from a fire event are mitigated and that the City is prepared and well place to respond and recover from a bushfire/wildfire.

Grass fires can run very fast. To this end, the Municipal Fire Management Planning Committee will be examining mitigation measures that can be applied that will help reduce grass fires from entering townships such as Lara, Ceres and Little River. The introduction of these measures will require new funding being allocated to this program.

Social Considerations

A wildfire/bushfire has the potential to have a significant impact on the community. To this end, council needs to ensure that all preparedness actions are completed and that officers charged with emergency management responsibilities are continuingly reassessing these actions.

Communication

Council continues to promote and educate the community on the fire danger that exists, the actions that Council is taking and more importantly the action that the community needs to undertake. This promotion/education program must be on-going.

2. Streetlife Funding

Summary

• The State Government has just announced a new small business support funding opportunity called StreetLife.

• The State-wide funding totals $6 million over a 4 year period. Applications will be accepted from Victorian municipal Councils for grants of up to $20,000 and from Victorian business/trader associations for grants of up to $5,000.

• The last few years have seen challenging times for small business and retailing in particular, with the world financial issues, changing customer habits and broad choices for customers.

• Retailing in the Geelong Region accounts for approximately 32% of all jobs.

• The new StreetLife funding provides an excellent opportunity for traders and business associations, along with small retailers, to strengthen their position through collaborative projects and skill building.

• Trader Groups, town centres, local shopping strips such as East Geelong, Drysdale, Portarlington, Ocean Grove, Barwon Heads, Highton, Belmont, Pakington St, Shannon Avenue, Labuan Square and Lara are some examples of places that could seek StreetLife funding.

Cr Fisher moved, Cr Macdonald seconded -

That Council:

1. notes and acknowledges State Government releasing this funding, and

2. encourages business associations and trader groups to apply for State Government StreetLife funding through Council, to assist with town centre, main street, shopping strips activation and capacity building.

Carried.

Report

Background

Recent research conducted by Mainstreet Australia has revealed that there are an estimated 680 main street activity centres in Victoria accounting for 45% of total state-wide floor space. Main street activity centres provide strong economic and social benefits to the people of Victoria by providing approximately 370,000 jobs and generating $15.5 billion in wages income.

Business groups have welcomed the Victorian Government’s $6million StreetLife program which was launched at the Mainstreet Australia Victorian Conference on 25 September 2012. The funding program is designed to inject new life into small retail businesses.

The State Government program is intended for Council’s to partner with business trader groups to support small retail businesses in local shopping precincts throughout the state. 
The five key aims of the StreetLife program are to support local shopping precincts through business/trader associations and Council’s to:

• Improve and develop core skills in retail management;

• Increase productivity through better use of technology and innovative business practices;

• Adjust to structural changes in the retail sector;

• Build sustainable and competitive businesses within their local communities; and

• Strengthen business and trader associations that support local small businesses to work together collaboratively to the benefit of the precinct.

Discussion

The StreetLife Program is aimed at assisting small businesses in local shopping precincts to boost skills, enhance marketing, and improve online selling opportunities and to support increased sales. The State-wide funding program is $6million over 4 years.

There will be two types of grants:

• One fund is for amounts up to $5,000 per round for Trader Groups small projects not needing Council’s contribution or support.

• A second fund is for amounts up to $20,000 per round that Council’s will apply for relating to a specific activity area. This grant will require a 20% Council or Trader contribution of cash or in-kind.

It is proposed to have one funding round in 2012 and two funding rounds per calendar year thereafter.

When assessing applications, the Assessment Panel will consider the extent to which the project delivers one or more of the five StreetLife aims and require:

• Evidence that the strategies/actions proposed reflect the level of funding requested;

• A clear statement of project outcomes and how they will be measured; and

• Evidence of collaboration with and commitment from business/trader associations and/or small retailers.

The grants are not for infrastructure rather skill and capacity building to better prepare business groups for the challenges, trends and opportunities that retailing in the future holds.

Environmental Implications

There are no environmental implications to Council associated with the StreetLife Program.

Financial Implications

The application for the grants up to $20,000 per round will need a 20% contribution from the traders and/or Council to be either cash or in-kind.

Policy/Legal/Statutory Implications

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

Office Direct or Indirect Interest

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

Risk Assessment

There are no known risks associated with this report.

Social Considerations

Town centres, main streets and local shopping strips are not only very important places for economic well-being and employment; they are also fulfilling an extremely important social and cultural role.

Human interaction, exchange, communication, celebrations and engagement occur daily in these local activity centres. The StreetLife funding will assist trader groups to build capacity and sustainability to keep these areas viable and vibrant.

Communication

Information, guidelines and application process will be sent to all trader groups. Mainstreet Australia and the Australian Retailers Association are planning a series of information sessions for Council’s and traders in October.

[Back to List]

3. Animal Registration Update

Summary

• The purpose of this report is to advise Council of the introduction of the new animal registration and patrol program across the City of Greater Geelong.

• This initiative arises out of Council’s Domestic Animal Management Plan and Domestic Animals Act.

• Council approved the appointment of an Animal Registration and Patrol Officer in this current year’s budget.

• The role of the Animal Registration and Patrol Officer, as part of Council’s program, is to promote and encourage the registration of animals across the municipality.

• Whilst only being employed for the last few months, the program to date has been successful with a resultant increase in animal registrations.

• 776 door knocks have been undertaken and an increase of just over 1,000 animal registrations, based on last year’s figures, have been received by Council.

Cr Fisher moved, Cr Harwood seconded -

That the Animal Registration Update Report be noted.

Carried.

Report

Background

The City of Greater Geelong has one of the largest cat and dog populations of any Victorian municipality. There are approximately 46,695 registered cats and dogs.

However, Department of Primary Industry data estimates that there could be considerably more unregistered cats and dogs in the community, as much as 11% unregistered dogs and up to 55% unregistered cats.

Unregistered cats and dogs place a heavy burden on Council resources. Pet owners not registering their dogs or cats in accordance with the Domestic Animals Act prevents the ability to return animals to their owners quickly and therefore places occupancy pressure on the animal pound.

To try and reduce the number of unregistered cats and dogs, Council approved the appointment of a full time Animal Registration and Patrol Officer. One of the key responsibilities of this role is to conduct residential door knocks, to monitor for registered and unregistered cats and dogs. Since the appointment of this officer, daily residential property visits have been conducted across the municipality.

Discussion

The Animal Registration and Patrol Officer has been employed since early September this year. Within this time, the following has occurred:-

• Total doors knocked - 776

• Further follow up - 166

• Animals currently registered - 91

• No pets at property - 159

• Penalty Notices issued ($282) - 22

At the same time over a period of 11 days, contact via telephone has been made to 1,217 owners of dogs and cats that are on the Council database, but have not renewed their animal registrations this year. Of these calls, 288 were given 7 days to register their animal, 470 messages were left (further follow up), 155 animals were no longer at the premises and there were 310 miscellaneous issues (deceased dogs, person moved etc).

If after the 7 day period the animal is still not registered the Animal Registration and Patrol Officer will visit the property to interview the owner of the dog or cat. A Penalty Notice is issued to those that have not renewed their registered within the 7 days. The current fine for failing to renew an animal registration is $282.

The initial telephone contact has resulted in 190 registrations being taken at Council customer service centres, which suggests that the personal contact with residents results in increased registrations.

As a comparison, the total number of registered animals at the same time last year was 45,052. This year, at the same time, there are 46,154 registered animals which is an increase of just over 1,000 animals.

Environmental Implications

Responsible pet ownership contributes to the overall liveability of the city for residents and visitors alike.

Financial Implications

The implementation of this initiative is within Council’s allocated budget.

Policy/Legal/Statutory Implications

In accordance with the Domestic Animals Act, it is a requirement that all cats and dogs over the age of three months are registered with Council.

Officer Direct or Indirect Interest

No Council Officer has direct or indirect interest in the preparation of this report.

Risk Assessment

There are no known risks associated with the introduction of this program. Standard risk management controls apply for officers working in the field.

Social Considerations

The registration of cats and dogs is a key component to responsible pet ownership enabling Council to return animals to their owners in a timely manner reducing stress and anxiety on animals and their owners.

Communication

Extensive advertising has been undertaken in City News and “Tag Time” (publication) regarding the registering of cats and dogs. This information has also been communicated to the public through the micro chipping campaign held in many locations within the City of Greater Geelong.

4. Torquay Road and Marshalltown Road, Grovedale - Proposed Footpath Construction - SRC 332 - Declaration of Charge

Summary

• This report relates to the proposed Special Charge Scheme for footpath construction in Torquay Road east side from Grove Road south, to the south boundary of 182-188 Torquay Road and Marshalltown Road both sides from Torquay Road to Bailey Street, Grovedale. (See Plan – Appendix 4-3).

• The total cost of the project is $275,896 with 50% of the cost to be borne by abutting property owners.

• Council has a financial contribution from the Supermarket at the corner of Grove Road and Torquay Road and these funds are to be applied to the section in Torquay Road between Grove Road and Marshalltown Road. Due to this, the project has been divided into Scheme 1 and Scheme 2.

• Property owner contributions are based on the frontage of the properties. Estimated charges are shown in Schedule B Appendix 4-2 and vary from $68 to $13,518.

• These proposed footpath works rate highly on Council’s Footpath Risk Register.

• The proposed footpaths provide an important link and services Torquay Road, two supermarkets, primary school and railway station.

• Property owners receive benefit from the works, by way of improved pedestrian access, improvement to the area fronting the property and possible increase in property values.

• Council has received two objections to the scheme and one submission. There has been no request to be heard by a Submissions Panel.

• The scheme has been prepared in accordance with the Special Rate and Charge provisions of the Local Government Act, along with Council’s special rates and charges policy.

• This report seeks a resolution by Council to “Declare the Charges” for the footpath construction in Torquay Road and Marshalltown Road, Grovedale in accordance with the special charge scheme process.

Cr Richards moved, Cr Harwood seconded -

That :

1. The following declaration of a special charge be confirmed:

1. A special charge be declared for a period until the works have been completed and the scheme finalised;

2. The special charge be declared for the purposes of defraying any expenses incurred by Council in relation to construction of footpath at the following locations:

   Scheme 1 Torquay Road, east side between Grove Road and Marshalltown Road, Grovedale.

   Scheme 2 Torquay Road, east side between Marshalltown Road and the south boundary of 182-188 Torquay Road, and Marshalltown Road, both sides, between Torquay Road and Bailey Street, Grovedale, excluding 140-142 Marshalltown Road.

   which project:

1. Will provide proper pedestrian access, improved nature strips 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:

1. total cost of performing the function described in Part b of this Resolution based on estimated cost be recorded as:

   Scheme 1 $44,960

   Scheme 2 $230,936

2. total amount of the special charge be levied and be recorded as:

   Scheme 1 $20,230

   Scheme 2 $115,468

4. it be recorded that, for the purposes of Section 163 (2A) of the Local Government Act 1989, 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 100%, and representing the total benefits of the special charge scheme that will accrue as special benefits to all persons liable to pay the special charge; and

2. ‘community benefit’ (C) being assessed as 50% in Torquay Rd and Marshalltown Road, Grovedale.

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 (Appendix 4-3) attached to this Resolution (“the area”)

6. 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 (Appendix 4-3).

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 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. the frontage of the lots abutting the works shall be used to calculate the individual cost to a lot;

2. in the case of unit development with common property fronting the works and the unit has frontage to the works or frontage to the common property which has frontage to the works, the cost has been divided in accordance with the Schedule of Entitlements and Liabilities as shown on the Plan of Subdivision. Where a unit does not have frontage to the works or to the common property with frontage to the works, this unit shall be excluded from the charge and its liability distributed between all units which are liable, as shown on the plan of subdivision.

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 Local Government Act 1989.

9. having regard to the preceding parts of this Resolution but subject to Section 166 (1) of the Local Government Act 1989, it be recorded that, subject to any further Resolution of Council, the special charge will be due and payable on the date(s) fixed under Section 167 of the Local Government Act 1989 as the date or dates on or by which Council’s general rates are due.

2. There are no incentives declared as incentives to be given by Council for the payment of the special rate before the date(s) specified for its payment under Section 167(3) of the Local Government Act 1989.

3. Council’s Chief Executive Officer be authorised to levy the Special Charge in accordance with Section 163(4) of the Local Government Act 1989.

Carried.

Report

Background

This project involves the proposed construction of footpath in Torquay Road and Marshalltown Road, Grovedale. The project has been spit into two sections. This is caused by the fact that the recently constructed Aldi Supermarket at the north east corner of Torquay Road and Grove Road provided, through a planning condition, $4,500 for footpath construction. The requirement attached to this contribution restricts the expenditure to the section of Torquay Road east side between Grove Road and Marshalltown Road. For convenience the two sections are:

Scheme 1 - Torquay Road, east side between Grove Road and Marshalltown Road, Grovedale.

Scheme 2 - Torquay Road, east side from Marshalltown Road to the south boundary of 182-188 Torquay Road and Marshalltown Road, both sides from Torquay Road to Bailey Street excepting property number 140-142  Marshalltown Road on the south side which has existing footpath (IGA Supermarket).

Council has carried out a risk analysis of a large number of potential footpath projects in the municipality being approximately 300 in number. Projects are assessed using a risk matrix based on safety and exposure. This results in potential sites being assessed for risk as negligible, low, medium, increased, high and severe. Marshalltown Road is listed at Number 2, high risk, on the program.

Torquay Road, in its entirety is listed as number 14, in the increased risk category. Part of the reason for bringing this forward is the commitment to spend the funds contributed by the Aldi Supermarket Development.

On this basis Scheme 1 and 2 have been separately costed.

In accordance with Council policy, the funds contributed are considered as an ex-gratia contribution and are applied to the overall cost of this project.

Both Torquay Road and Marshalltown Road, in this area, currently carry pedestrian traffic. This will only increase once proper paths are provided. This is due to Torquay Road which is a bus route, 2 recently built supermarkets, the Primary School and Railway Station.

A footpath scheme has recently been presented to Council for path in Marshalltown Road, south side, between Barwarre Road and the railway line. This project will complete the link in Marshalltown Road between Torquay Road and the railway line.

The zoning of the area is Industrial 1, Business 1 and Business 4 with Residential 1 to the east. A letter was sent to property owners in 2011 advising Council was in the process of preparing a footpath scheme. Two property owners made contact as a result, considering the footpath was unnecessary.

An Intention to Declare Charges report was considered by Council at the 26 June 2012 meeting. The scheme was subsequently advertised and submissions/objections invited.

Two objections and one submission were received. Objections do not trigger a Submissions Panel Hearing, however must form a part of Council’s decision making process on the scheme. The Submissions points out that artificial turf has been placed on the naturestrip and adequately substitutes for footpath. There has been no request to be heard.

There has been one minor charge to the costs allocated which involve properties 182 and 184-186 Marshalltown Road. This was due to the cost for two lots being allocated to number 182 and the cost of one lot, allocated to 184. The reverse should have been the case. Both owners have been advised on this matter and that should a declaration of charges be approved by Council it will differ from the costs advertised. The following table indicates the charges:

Discussion

Property owners receive benefit by way of improved pedestrian access, improved general amenity of the area and possible increase in property values.

Council policy provides for Council to meet 50% of the cost of footpath projects in recognition of the community benefit of the project, with abutting property owners meeting 50%.

The costs to each property have been apportioned on the basis of frontage.

Environmental Implications

There are no environmental issues arising from this report.

Financial Implications

Given approval for this scheme the works could be constructed in the current financial year.

Policy/Legal/Statutory Implications

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

Officer Direct or Indirect Interest

There are no risks associated with Council proceeding to adopt the recommendation and advertise the scheme.

Risk Assessment

There are no risks associated with Council proceeding to adopt the recommendation and advertise the scheme.

Social Considerations

Provision of a paved footpath will provide an important link and improved access for the local community, particularly for those that may suffer from a physical disability.

Communication

The scheme has been advertised and property owners given the opportunity to make submissions/objections.

Attachment 4-1

SCHEDULE ‘A’ - SCHEME 1

The works for the construction of footpath in Torquay Road, Grovedale which consist of excavation, footpath, reinstatement of nature strip, miscellaneous construction works, legal advice and professional services associated with survey, engineering design, drafting, supervision and administration of the project all as included in the cost estimate shown below.

COST ESTIMATE FOR CONSTRUCTION OF FOOTPATH

TORQUAY ROAD, EAST SIDE, GROVE ROAD

TO MARSHALLTOWN ROAD, GROVEDALE

Appendix 4-1

SCHEDULE ‘A’ - SCHEME 2

The works for the construction of footpath in Torquay Road and Marshalltown Road, Grovedale which consist of excavation, footpath, reinstatement of nature strip, miscellaneous construction works, legal advice and professional services associated with survey, engineering design, drafting, supervision and administration of the project all as included in the cost estimate shown below.

COST ESTIMATE FOR CONSTRUCTION OF FOOTPATH

IN TORQUAY ROAD, EAST SIDE FROM MARSHALLTOWN ROAD TO SOUTH BUNDARY OF 182-188 TORQUAY ROAD AND MARSHALLTOWN ROAD, BOTH SIDES, FROM TORQUAY ROAD TO BAILEY STREET, EXCLUDING

140-142 MARSHALLTOWN ROAD, GROVEDALE

Appendix 4-2

SCHEDULE ‘B’ – SCHEME 1

SPECIAL CHARGE SCHEME FOR FOOTPATH CONSTRUCTION

TORQUAY ROAD, EAST SIDE, GROVE ROAD

TO MARSHALLTOWN ROAD, GROVEDALE

Appendix 4-2

SCHEDULE ‘B’ – SCHEME 2

SPECIAL CHARGE SCHEME FOR FOOTPATH CONSTRUCTION

TORQUAY ROAD, EAST SIDE FROM MARSHALLTOWN ROAD TO SOUTH BUNDARY OF 182-188 TORQUAY ROAD AND MARSHALLTOWN ROAD, BOTH SIDES, FROM TORQUAY ROAD TO BAILEY STREET, EXCLUDING 140-142 MARSHALLTOWN ROAD, GROVEDALE

Appendix 4-3

PLAN

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5. Environment Management Strategy Progress Update

Summary

• This report relates to a proposed special charge scheme for construction of Manton Road and Lester Street, Moolap as shown on Locality Plan Appendix 5-4.

• In addition to the special charge scheme, it is proposed to discontinue a portion of road at the south end of Manton Road, in order to deny access by Business 4 Zone properties.

• The zoning of properties abutting the proposed road construction is Low Density Rural Zone

• Council has received enquiries over a long period, regarding construction.

• There are 22 properties in the scheme and all pay the same amount estimated to be $12,538, see Appendix 5-2 – Schedule B and Appendix 5-1 – Schedule A.

• Council received considerable feedback via the submissions/objections process. The Submissions Panel heard from a number of property owners. Owners generally agreed that construction was necessary.

• The scheme has been prepared in accordance with the special rate and charge provisions of the Local Government Act, along with Council’s Special Rates and Charges Policy.

• The report seeks a resolution by Council to “Declare the Charges” for road construction in Manton Road and Lester Street, Moolap in accordance with the special charge scheme process.

• The report also seeks a resolution by Council to commence a road discontinuance process for the south end of Manton Street, see plan Appendix 5-3.

Cr Richards moved, Cr Harwood seconded -

A – Special Charge Scheme

That

1. The following declaration of a special charge be confirmed:

1. A special charge be declared for the period until the work has been completed and the scheme finalised,

2. The special charge be declared for the purpose of defraying any expenses incurred by Council in relation to the construction of road pavement, sealing and drainage in Manton Road and Lester Street, Moolap which project:

1. will provide proper pedestrian access, proper sealed road access, kerb & channel, improved nature strips 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:

1. cost of performing the function described in Part 1 (b) of this Resolution based on estimated cost, be recorded as $275,836.

2. total amount of the special charge to be levied, as based on estimated cost, be recorded as $275,836.

4. It be recorded that, for the purposes of Section 163 (2A) of the Local Government Act 1989, 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 100%, and representing the total benefits of the special charge scheme that will accrue as special benefits to all persons liable to pay the special charge; and

2. ‘community benefit’ (C) being assumed as zero for road pavement in Manton Road and Lester Street, Moolap.

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 (“the area”).

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. 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 allotment has been allocated a single unit of cost; and

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 Local Government Act 1989.

9. having regard to the preceding parts of this Resolution but subject to Section 166 (1) of the Local Government Act 1989, it be recorded that, subject to any further Resolution of Council, the special charge will be due and payable on the date(s) fixed under Section 167 of the Local Government Act 1989 as the date or dates on or by which Council’s general rates are due.

2. there are no incentives declared as incentives to be given by Council for the payment of the special charge before the date(s) specified for its payment under Section 167 (3) of the Local Government Act 1989.

3. Council’s Chief Executive Officer be authorised to levy the Special Charge in accordance with Section 163 (4) of the Local Government Act 1989.

B – Road Discontinuance

Pursuant to Section 3 (a), Schedule 10 of the Local Government Act 1989, Council having considered a submission regarding a road discontinuance at the south end of Manton Road, Moolap, resolves to proceed and arrange publication in the Victorian Government Gazette.

Carried.

Background

This report relates to a proposed special charge scheme for road construction and drainage in Manton Road and Lester Street, Moolap. In addition and complementary to the special charge scheme, a road discontinuance process has been commenced for a small parcel of the Manton Road reserve at the south end.

This general area is semi rural, zoned Low Density Rural. Allotment sizes are around 4000sqm. The area is not sewered, which is a prohibiting factor with respect to rezoning and redevelopment.

Three properties to the south which have access from the Bellarine Highway are zoned Business 4. These properties are not included in the scheme.

The two roads do not require the full urban standard of construction and the proposal is to add pavement to the existing gravel surface with a 5.2m wide seal. Some underground drainage would be provided, table drains improved and new driveway culverts provided.

Council constructed a number of similar streets in the area in the mid 1990’s. This was a similar form of construction as proposed for Manton Road and Lester Street and a special charge scheme was initiated. Streets included Cooney, Grinter, Alice, Kingston, Hunter, September and June.

Council has had enquiries over a period of time regarding a possible street construction scheme. Dust in summer and poor surface conditions in winter are the main concerns.

As indicated there is a zoning boundary at the south end. The Business zone does not need access to Manton Road although at least one owner would prefer to retain the option. The mix of industrial and residential traffic is not appropriate and it would be an unfair impost on the majority of property owners to pay a higher cost for an industrial standard road. Road safety issues would also be a concern.

A further issue could arise if the Business zoned properties are redeveloped at some future time and for whatever reason, which may include a Tribunal discussion, access is permitted to Manton Road. This would also be unjust as these Business properties are not included in funding the Manton Road construction.

The permanent solution to this future access issue is a road discontinuance on a small portion of the south end of Manton Road which will permanently remove the road status and vest the land in Council. There will then be no legal access to the road.

An intention to declare charges report and road discontinuance proposal was presented to Council at the 31 January 2012 meeting. Council resolved to proceed to advertise the scheme and seek submissions/objections. The scheme was duly advertised on 10 February 2012. A number of submissions and objections were received. In the course of this process, one property was sold. The previous owner objected, however the new owner supports the concept of road construction. A summary of responses is included in the table below:

A Submissions Hearing Panel was held on 10 July 2012. This was attended by owners representing approximately 15 properties. Most owners addressed the Panel and in general, even objectors, accepted that construction of the roads was necessary.

The Panel accepted that there were at least a few owners who would be subject to financial strain, given a scheme proceeded.

In relation to the road discontinuance, owners were supportive of any means to permanently prohibit access from commercial premises fronting the Bellarine Highway.

Discussion

Property owners receive benefit as a result of road construction in the following manner:

• proper sealed access to properties;

• improvements to drainage of area;

• removal of nuisance being dust and mud during various times of the year;

• improvements to road safety;

• enhancement to the general amenity of the area; and

• likely increase in property values.

There are no Council properties in the scheme and therefore the scheme is being fully funded by property owners.

The estimated total cost is $275,836 with 22 properties paying a unit cost of $12,538 each. In this instance the unit cost apportionment method appears to be the fairest option.

Some lots have larger frontages and some smaller. Two corner blocks have a considerable length of road construction over frontage and sideage.

In relation to benefit, all properties receive a similar benefit, that is a similar use of the road infrastructure. There is no immediate prospect of subdivision, given the zoning and lack of sewer infrastructure. Should this have been different, another method of cost apportionment may have been appropriate.

As indicated, some owners may find the normal repayment scheme difficult to sustain. Special arrangements may be negotiated to extend repayment periods to accommodate their requirements.

The road discontinuance provides to permanent solution to deny legal access to Manton Road. The one Submission received regarding the road discontinuance indicated that full road access would be desirable but they would not formally object to the discontinuance.

Environmental Implications

The provision of a sealed road surface provides a permanent and safe means of access. Dust is eliminated and storm water runoff is not contaminated with silt.

During the course of construction and the manufacture and procurement of materials there is expenditure of energy and some greenhouse emissions occur. This does cease however, 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.

Financial Implications

The project is a one off capital cost and there will be minimal ongoing maintenance costs. If approved, the scheme could proceed in this financial year.

Policy/Legal/Statutory Implications

The scheme has been prepared in accordance with the special rate and charge provisions of the Local Government Act along with Council’s Special Rates and Charges Policy. The project does not impinge on any Human Rights Charter issues.

Officer Direct or Indirect Interest

There are no Council Officers involved in the administration or subsequent construction of the works, who have a direct or indirect interest in the project.

Risk Assessment

There are no risks associated with Council proceeding to adopt the two recommendations which would result in advertising the special charge scheme and similarly the road discontinuance.

Social Considerations

There are social benefits in the provision of appropriate improvements, to infrastructure such as road construction.

Communications

The scheme has been advertised and submissions and objections invited. Property owners have had the opportunity to address the Panel.

Appendix 5-1

SCHEDULE ‘A’

The works for the construction of road pavement in Manton Road and Lester Street, Moolap which consists of excavation, reinstatement of nature strip, pavement works, sealing, miscellaneous construction works, legal advice and professional services associated with survey, engineering design, drafting, supervision and administration of the project all as included in the cost estimate shown below.

Manton Road and Lester Street, Moolap

Appendix 5-2

SCHEDULE “B”

PROPOSED SPECIAL CHARGE SCHEME ROAD CONSTRUCTION OF MANTON ROAD AND LESTER STREET, MOOLAP

Appendix 5-3

PLAN

Appendix 5-4

LOCALITY PLAN

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