On the weekend of January 8 and 9, 2011, St James Anglican Church in Collins Street, Drysdale, will be holding their annual second hand book sale.
Opening times are from 9am 5pm on the Saturday and from 10am to 4pm on the Sunday.
Collection of books can be arranged by phoning 5251 2594.
Dates: Friday, 21st to Sunday, 23rd of January, 2011
Entries close 11th January 2011
The 2011 January Show will be held at the Drysdale/Leopold Pony Club Grounds. 2 Rings - Sand and Grass - height classes starting at 50cm - 1.15m. See the Geelong Showjumping Club website for more details.
The Bellarine Times (14 December 2010 p.1) article "On the trail - push begins to introduce an equestrian trail across the Bellarine", by Alison Martin, reports that
"A campaign by local and visiting horse riders to create a trail network across the peninsula has been boosted by Bellarine Tourism. Equestrians and horse enthusiasts have been calling for a network of horse trails on the Bellarine for several years, prompted by the huge increase of cars on local roads and growth of the local horse industry. Bellarine Tourism and the Committee for Bellarine are also pushing for the horse trail initiative to be implemented to address safety issues for riders and to capitalise on tourism and economic opportunities for the region.
Committee for Bellarine spokesperson, Tom O'Connor, said the committee had met with council regarding the need for the study implementation. "Equestrian, pony club, recreational and thoroughbred are the four components of the Bellarine's horse industry which is a significant part of the Bellarine and very much a core component for the rural strategy," he said. "The horse trail study provides the potential for employment growth and underpins environment, social and economic focuses on the Bellarine." O'Connor said he was confident the horse trail initiative could be a success, particularly if created in conjunction with the Bellarine Taste Trail..."
As has been previously mentioned on this blog, the Geelong Council have noted the Bellarine Horse Trails Study in their Council meeting minutes of 23 November 2010 - provided in pdf format (4.62mb).
Below are the questions asked by ratepayers and the answers provided by the City of Greater Geelong to issues raised regarding the Drysdale and Clifton Springs Drainage Proposal. The questions and answers were published in the Minutes of Council meeting (14 Dec 2010) provided in pdf format (3.64mb) on the Council's website
Question: Cheryl Hardy asked the following question on behalf of Joan Hardy: Re Agenda Section B Reports Item 3 14 Dec 2010. As governed by the Local Government Act 1989, the basic framework of a special rate or charge scheme is that there is an initial proposal, it is advertised, participants can place submissions or objections before Council and then Council arbitrates on the scheme. Owners of affected properties have not been afforded the opportunity by Council to comment on the deferral proposal as detailed in Recommendation B. This is a disappointing move by Council to not comply with the requirements of the Act. As such said owners won't have the usual allotted time to consider nor any time at all to consider and respond to this new addition to Council's proposal. Why is Council taking this path and not affording ratepayers the opportunity to comment on the deferred payment charge scheme?
Answer: Gary Van Driel, General Manager City Services, responded that Council has followed the Special Charge process under S163 of the Local Government Act; undertaken the Intention to Declare, notified owners, invited submissions, heard submissions via the submissions review panel and prepared the declaration report based on recommendations from the submissions review panel. Property owners will have the opportunity to lodge an application for review with VCAT within one month of receipt of the levy notice.
Question: Cheryl Hardy asked the following question on behalf of Bryce Hardy: Re Agenda Section B Reports Item 3 14 Dec 2010. Report Background. The report states the scheme includes 20 properties and 18 owners. 14 objections were received to the proposed scheme. Section 163B(6) of the Local Government Act 1989 states: Council cannot make a declaration if the Council receives objections from persons who will be required to pay the special rate or special charge in respect of a majority of the rateable properties in respect of which the special rate or special charge would be imposed. Council therefore should not proceed with this special charge. Why is Council ignoring the 14 objections and there not complying with the Act?
Answer: Gary Van Driel responded that under Section 163B (2) of the Local Government Act 1989 Council can make a declaration to levy a special rate or special charge to recover costs where the scheme is (a )a drainage scheme that Council has declared is required for reasons of public health. This includes recovery of more than two thirds of the cost and also be applied if the majority of rateable properties object.
Question: Cheryl Hardy asked the following question: Re Agenda Section B Reports Item 3 14 December 2010. 8 months ago you first raised this special charge scheme for drainage. 14 objections were received including those from pensioners. On Friday you have released revisions to this scheme and have not allowed the affected parties to comment. The affected ratepayers have not been able to examine this new proposal in detail and now you want Council to vote on it. Why are you not following due process as laid down by the Local Government Act?
Answer: Gary Van Driel responded Council has followed the requirements of the Local Government Act. Council is now in the position where it may abandon, modify or adopt the scheme. If objectors are unhappy with the position of Council they have the right to seek review through VCAT.
Patrick Hughes asked the following questions:
Question 1): When and from whom did council officers receive advice about the legality of proceeding with the option to defer payment - a policy that has not been exhibited for public scrutiny and comment?
Answer: Gary Van Driel responded that Council has taken legal advice – not a policy of Council but has been specific.
Question 2): Is the proposed 5% p.a. interest on a deferred special charge simple or compound; and how does the council justify charging landowners in Central Road 5% interest p.a., when the council will incur no continuing expense after it pays its share of the cost of the drain in Central Road?
Answer: Gary Van Driel responded that the 5% interest is compound. The 5% on the deferred payment scheme goes towards offsetting the interest that Council would incur at the end of a five year period should income not be recovered in a timely manner from the special charge scheme. Cr Farrell indicated that when Council discussed the scheme an undertaking was that Council would allow five years for residents to pay. When Council adopted the budget in June 2010 that deferment was not part of that process.
As was previously advised Council has deferred making a decision on this item until the Council meeting to be held on 25 January 2011.
The Geelong Council has on its agenda for this Tuesday 14 December their proposal to levy a special charge to construct a main drain in the Central Road area of Clifton Springs / Drysdale.
Below is the extract from the agenda - which is available in pdf format on the Council's website (11,391kb). (This document requires the use of Adobe Acrobat Reader).
CENTRAL ROAD AREA, CLIFTON SPRINGS - CONSTRUCTION OF A MAIN DRAIN - SRC 299 DECLARATION OF CHARGE
Portfolio: Transport and Infrastructure - Cr Richards
Source: City Services - Engineering Services
General Manager: Gary Van Driel
Index Reference: Subject: Special Rates and Charges
Street: Central Road, Clifton Springs
That in accordance with Section 163 and 163 B(2)(a) of the Local Government Act 1989:
1) the following declaration of a Special Charge be confirmed:
a) a special charge be declared for the period until the work has been completed and the scheme finalized.
b) the special charge be declared for the purpose of defraying any expenses incurred by Council in relation to the construction of a main drain to service properties in the Jetty Road, Ada Street, Thomas Street and Central Road area, Clifton Springs which project:
b1) will provide proper drainage and facilitate subdivision both now and in the future, of each of the properties in the scheme;
b2) 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
b3) arises out of Council's function of planning for and providing infrastructure for property owners.
c) the:
c1) cost of performing the function described in Part 1 (b) of this Resolution based on estimated cost, be recorded as $1,492,827; and
c2) total amount of the special charge to be levied, as based on estimated cost, be recorded as $1,492,827.
d) it be recorded that, for the purposes of section 163(2)(a) 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:
d1) '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
d2) 'community benefit' (C) being assumed as nil.
e) the following be specified as the area for which the special rate is so declared:
e1) the area within municipal district of Council highlighted in the plan attached to this Resolution ("the area").
f) the following be specified as the land in relation to which the special charge so declared:
f1) land within the area shown on the plan.
g) the following be specified as the criteria which form the basis of the special charge so declared:
g1) ownership of any land described in Part 1(e) of this Resolution.
h) the following be specified as the manner in which the special charge so declared will be assessed and levied:
h1) the cost allocated has been based on lot area; and
h2) the special charge will be levied by sending notice to the person who is liable to pay, pursuant to section 163(4) of the Local Government Act 1989.
i) 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 as specified in Councils repayment schedule.
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.
That;
a) the concession be applied to the special charges applicable for main drainage construction for the Jetty Road, Ada Street, Thomas Street and Central Road, Clifton Springs (Central Road Area).
b) the concession be applied to those properties forming part of the scheme which are shown in Schedule B attached to this resolution.
c) it be recorded that Council may grant a concession in accordance with Section 169 (i)(d) of the Local Government Act 1989 (the Act) in order to assist the proper development of the Central Road area.
d) Council considers the granting of a concession to the specified properties will provide Community benefit in that it facilitates and increases the likelihood of success of the special charge scheme for main drainage construction which will ultimately benefit all property owners forming part of the scheme in the Central Road area. Construction of the main drain is required for the orderly, proper and safe development of the Central Road area properties within the drainage catchment.
e) having regard to the Section 169(1B)(a) of the Act, Council confirms that the concession to owners of the specified properties, does not exceed one third of the rateable properties in the municipal district.
f) the following be specified as the measure in which the concession shall be given:
f1) all properties included in the scheme at the time of declaration of the charges; and
f2) properties in accordance with (f1) above shall have the charges resulting from the scheme, deferred (the deferred charges).
g) the following be specified as the manner in which the deferred charges shall become due and payable:
g1) deferred charges relating to properties in accordance with (f1) above shall become due and payable by the owners of the properties as follows:
g1a) on sale of the property by the owner, to another party, within 30 days of the finalization of the contract of sale and on receipt of a notice from Council requesting payment;
g1b) on the transfer in any way of the property to other parties;
g1c) on sub-divisional development of the property by the owner, within 30 days of the issue of a certificate of compliance and on receipt of a notice from Council requesting payment.
g1d) on development of the property not described in (g1b) above, but substantially changes or alters the land by building works or otherwise, within 30 days of completion of the project, at the issue of a certificate of occupancy, or as deemed substantially completed by Council and on receipt of a notice from Council requesting payment.
g1e) the amount of the special charge shall be adjusted at 1 July each
year until the amount is paid, by an interest rate of five percent.
g2) in accordance with (g1a), (g1b), (g1c) and (g1d) above, it be recorded that the concession will be revoked and the special charge will become due and payable in accordance with those provisions.
h) having regard to the previous parts of this Resolution when charges become due and payable pursuant to (g2) above, 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.
i) there are no incentives declared as incentives to be given by Council for the payment of the deferred special charge before the date(s) specified for its payment under Section 167(3) of the Local Government Act 1989.
This project involves the proposed construction of a main drain with its outlet at Griggs Creek, along the north boundary of the Clifton Springs Primary School, south in Jetty Road, Ada Street to Central Road, then south, then entering private property to the east.
A Retirement Village has been proposed to the east of Central Road on a 9.68 ha parcel of land (101 Central Road). The developer of this complex approached Council several years ago and was advised such a development could not proceed unless a main drainage system was installed.
A main drainage system would not only service the Retirement Village site but also surrounding property. Some of this surrounding property is zoned Residential 1 and other land zoned Rural Living is presently undergoing a rezoning process.
Considerable interest has been shown by some of these landowners, to develop. As the developer of the proposed Retirement Village could not proceed and after discussions and negotiations a proposal to solve the impasse was put forward. This solution involved the upfront construction and funding of the main drain estimated to cost $1.5m. Council would then make its best endeavours to recover a share of the cost from abutting owners who would benefit from the provision of a drainage outfall. A legal agreement was subsequently put in place and signed by both parties. This agreement essentially involved the following:
This was considered an appropriate means to facilitate the initial development (the Retirement Village) and given the rezoning, enable subsequent development to take place. It is also cost neutral for Council as there is no necessity for an initial outlay of funds. Using a special charge arrangement, Council is collecting the funds, to pay off the loan, put forward by the initial developer.
The scheme includes 20 properties and 18 owners. There is approximately 1.8ha of existing subdivisional development to the east which would also utilize the drain. This consists of 19 residential lots most already built on. These properties have already been subdivided and would not benefit to the same extent that the other scheme lots would. These lots are therefore included as a cost to Council.
Council considered an "Intention to Declare" report of 23 February 2010 and resolved to proceed to advertise the scheme. Fourteen objections were received and the scheme caused a considerable amount of discussion and concern in the local community.
As a result of the submissions process a number of matters were raised and briefly these are as follows:
Prior to the Submissions Panel all Councillors were distributed with a copy of the individual submissions. Attached at Appendix 3-4 is an "Issues Sheet" which was sent out to all owners recently which addresses a variety of matters raised.
The special charge scheme, as proposed covers the relevant drainage catchment, and due to various differences in zoning and a proposed rezoning, creates some inconsistencies.
The major issue, which was raised by many of the objectors was the inconsistency in the fact that the owners of properties in the area subject to a rezoning were offered an arrangement through a Section 173 Agreement whereby the charge would only proceed when development takes place. Many owners believed this should apply to all.
The Submissions Panel carefully considered all matters raised by property owners and others. The Panel recommendation to Council included three matters:
Associated with the above, is that the Consumer Price Index should apply as Council may not receive funds for a considerable period of time.
Legal advice was obtained regarding the way this arrangement could be effectively implemented though a Council resolution. Council has powers under Section 169(i)(d) of the Local Government Act to grant a rate concession. It is of note that this method has been used for the Belmont Street carpark to defer payment by those owners who currently use commercially zoned properties for residential purpose only.
The matter of deferral of the charge was not raised in Council's original special charge scheme proposal i.e. the "Intention to Declare" stage. Therefore there is some risk of challenge given this is a change in the way Council is approaching the scheme.
Discussions and negotiations have been underway regarding development and particularly the provision of main drainage in this area, for at least a decade. The proposal put forward is now a feasible and practical solution. Council is, in fact, locked into the arrangements through a legal agreement. The penalty cost, should Council wish to void this agreement is approximately $1.1m.
The fundamental concept of all special rate and charge schemes is special benefit. Council must be confident that special benefit applies to each of the properties in the scheme. Special benefit is essentially a benefit these properties receive as a result of the work, which is over and above any other property which does not form part of the scheme. The important benefit received by the properties in the scheme, is that given other planning and servicing constraints, they can be developed by means of further subdivision. This has the potential to provide a financial gain for property owners. As indicated, without the drain, subdivision cannot proceed even if the current zoning is in place.
Another important benefit is the fact that the properties will use the drain for conveying excess stormwater from the lots. Usage of infrastructure (road and drain) is considered to be one of the highest levels of benefit. Provision of underground drainage also eliminates any public health problems which may arise from discharge of water to surface, particularly when development commences.
The estimated cost of the project is as follows:
Cost to initial developer for 2 lots - $348,919
Cost to 18 titles, 17 owners - $1,078,024
Cost contribution by Council for 19 properties already subdivided -$65,884Total $1,492,827
The basic framework of a special rate or charge scheme is that there is an initial proposal, it is advertised, participants can place submissions or objections before Council and then Council arbitrates on the scheme.
In this instance owners have not had the opportunity to comment on the deferral proposal, although many appear to be strong advocates. This provides a risk factor in Council proceeding with the scheme. The alternative is to halt the process and recommence the scheme. This is not a desirable option and should be avoided as the local community has already been subjected to a difficult and sometimes confusing process.
On balance and given the advice received, Council should proceed with the scheme in its current form and include the deferred payment arrangements. Environmental Implications
The catchment area is developed to some extent and further development would exacerbate runoff. The main drain will capture this runoff and with the subsequent development roads will be provided as well as grassed areas. In the longer term there is a minimization of silt laden runoff which enters Griggs Creek and eventually Port Phillip Bay.
The Retirement Village is providing some water retarding facilities to capture silt before discharging to the drain. Excavation is required as the drain enters Griggs Creek, however, this is to be restored and a discharge facility provided.
All infrastructure works result in energy consumption and greenhouse emissions. This takes place in the production of materials, such as pipes and the construction phase. This, however, ceases once the works are constructed and there is minimal ongoing maintenance. There are no carbon offsets applicable. Where possible, excavated spoil will be returned to the drainage trench as backfill.
There are no natural habitats on the route of the drain. Natural habitats in Griggs Creek are an unknown quantity; however, the level of disruption of the creek bank is confined to one location with a right angled entry.
The project is cost neutral regarding the ultimate return of capital. However the timing of the return of funds is unknown and Council will incur some opportunity cost, loss, having to pay out the Retirement Village Developer within 5 years. Should Council not proceed with the scheme, or the scheme be unsuccessful, Council faces a $1.1m penalty. If this eventuated, this money needs to be allocated from main drainage funds.
The Special Charge Scheme complies with the relevant legislative provisions of the Local Government Act.
There are no Council staff engaged in this project who have any pecuniary interest or own land.
There is a legal agreement in place and the provision of a Special Charge Scheme is nominated as a condition of the agreement. The condition actually states that Council will use its best endeavours to initiate a Special Charge Scheme.
Drainage by its nature is underground and is very unlikely to impact on any vulnerable groups within the community. The works, therefore, do not result in the exclusion of any particular groups activities. There is no doubt that some owners will have difficulty paying for the works. There is a longer term financial benefit for these however, as well as a means to pay for the works by instalments over five years.
Property owners will be advised of the outcome of Council's decision on this main drainage proposal.
This report relates to the proposed construction of a main drain to service the general area of Jetty Road, Ada Street, Thomas Street and Central Road, Clifton Springs which consists of excavation, supply and placement of underground drains and pits, miscellaneous works, reinstatement, legal advice, professional services associated with survey, engineering design, drafting, supervision and administration of the project all as included in the cost estimate shown below.
Refer copy of PDF of the agenda for detailed cost estimates.
SPECIAL CHARGE SCHEME FOR MAIN DRAIN
TO SERVICE THE GENERAL AREA OF JETTY ROAD, ADA STREET,
THOMAS STREET AND CENTRAL ROAD CLIFTON SPRINGS - individual details of the properties affected - please refer copy of PDF of the agenda for detailed charges against each property.
1. Residential blocks fronting Eastwood Crescent, Flinders View Drive and Lacoora Avenue. These are recently developed traditional 'residential' style allotments which are within the drainage catchment and it was always the intention to include these in the scheme. There is no charge on these properties, it is paid for by Council.
2. The Retirement Village site is currently partly zoned Residential 1 Zone (R1Z) and part subject to re-zoning from Rural Living Zone (RLZ) to R1Z.
3. Area bounded by Thomas Street, Ada Street, Jetty Road and Central Road. This area is currently being rezoned from RLZ to R1Z. Most owners have signed a Section 173 agreement with a set of conditions and importantly "…the Owner shall not later than upon the date which a Statement of Compliance issues in respect of a Plan of Subdivision of the subject land which creates any residential lot, pay the Council the drainage works contribution". A Section 173 agreement can only be initiated when rezoning or a planning application applies and cannot be invoked where no such action is taking place and the land is "static" with respect to development.
4. Larger lots which are currently zoned RLZ (2 ha or 5 acres) and not subject to the current re-zoning. It is a reasonable assumption however, that these lots, shortly to be bordering R1Z would be the subject of favourable consideration given an application for rezoning.
5. R1Z land to the north of Ada Street and to the east and west of Central Road. These lots have potential for further subdivision.
The drain has been designed to current best practice and is based on the assumption of 70% impervious area for the catchment.
The Drysdale / Clifton Springs structure plan makes specific mention of the Central Road area and the use of "A Development Contribution Plan (DCP) may also be appropriate to assist in the delivery of drainage infrastructure…".
The complete agenda is available in pdf format on the Council's website (11,391kb). (This document requires the use of Adobe Acrobat Reader).
"The Federal Government has announced a $500,000 refurbishment of the nearby former Palmerston Court nursing home to accommodate new clinical space... Work on the new rooms will commence early next year, allowing the centre to expand its existing staff of 12 doctors and offer a wider range of services including dietitian, psychologist, diabetes educator and health conferencing facilities..."
"COUNCIL should adopt the recommendations of its own study into a proposed trail network on the Bellarine Peninsula to prevent “dangerous” conditions for riders, according to a peak riding body.
Pony Club Association Victoria president Jan Faulkner was “thrilled” that council’s study recommended designated “horse-friendly” roads, improved signage, a code of conduct for riders and development of off-road trails.
She called on councillors to act on the study, which went before council last week.
“I'’m not sure why they haven’t decided yet whether or not to follow the recommendations because I would think it would only be natural to accept them..."
"A council spokesperson said councillor John Doull thought that “at this stage the public on the Bellarine should be allowed to absorb the contents of the horse trails study and make their opinions known through the appropriate channels”."
