Special Council Meeting Minutes 16 April 2014 Our Vision A City which values its heritage, cultural diversity, sense of place and natural environment. A progressive City which is prosperous, sustainable and socially cohesive, with a strong community spirit. City of Norwood Payneham & St Peters Minutes of the Special Meeting of Council held on 16 April 2014 Index Page Page No. 1. CONFIRMATION OF THE MINUTES ........................................................................................................ 1 2. STAFF REPORTS ...................................................................................................................................... 1 2.1 CORK OAK TREE LOCATED AT 166A THE PARADE, NORWOOD........................................... 2 3. CONFIDENTIAL REPORTS .....................................................................................................................11 4. CLOSURE ................................................................................................................................................11 City of Norwood Payneham & St Peters Minutes of the Special Meeting of Council held on 16 April 2014 VENUE Council Chambers, Norwood Town Hall HOUR 7.30pm PRESENT Council Members Mayor Robert Bria Cr Lucy Marcuccitti Cr Geoff Rundle Cr Connie Granozio Cr Sophia MacRae Cr Carlo Dottore Cr Kevin Duke Cr Isaac Pasalidis Cr John Frogley Cr Garry Knoblauch Cr Sue Whitington Cr Paul Wormald Staff Mario Barone (Chief Executive Officer) Peter Perilli (General Manager, Urban Services) Carlos Buzzetti (General Manager, Urban Planning & Environment) Lisa Mara (General Manager, Governance & Community Affairs) Sharon Perkins (Acting General Manager, Corporate Services) Claude Malak (Manager, City Assets) Joel Ashforth (Horticultural & Arboricultural Services Co-ordinator) Tina Zullo (Administration Officer, Governance & Community Affairs) APOLOGIES Cr John Minney ABSENT Nil 1. CONFIRMATION OF THE MINUTES There were no minutes confirmed at this meeting. 2. STAFF REPORTS Page 1 City of Norwood Payneham & St Peters Minutes of the Special Meeting of Council held on 16 April 2014 Item 2.1 2.1 CORK OAK TREE LOCATED AT 166A THE PARADE, NORWOOD REPORT AUTHOR: GENERAL MANAGER: CONTACT NUMBER: FILE REFERENCE: ATTACHMENTS: Manager, City Assets General Manager, Urban Services 8366 4542 S/03125 P/19479 A PURPOSE OF REPORT The purpose of this report is to present to the Council for its consideration, the results of testing which has been undertaken on the Cork Oak Tree that is located within the Coles, Norwood premises located at 166A The Parade, Norwood. BACKGROUND At its meeting held on 19 March 2014, the Council considered a report regarding the Cork Oak Tree. The report presented information regarding a proposed Memorandum of Agreement between the Council and the Coles Group Property Development Ltd (“Coles”), regarding the Cork Oak Tree. Essentially, the purpose of the Memorandum of Agreement, is to ensure that notwithstanding the decision that would be made by the Council’s Development Assessment Panel regarding the Development Application lodged by Coles, which included the removal of the Cork Oak Tree, Coles would not remove the Cork Oak Tree until a final decision regarding its transplantation was made by the Council. The Memorandum of Agreement also facilitates the undertaking of the necessary testing, as recommended by the Council’s Consulting Arborist, Treevolution. The testing was required to determine if any unknown aspects such as the health and structure of the Cork Oak Tree, would affect its transplantation. Following consideration of the report, the Council resolved the following: 1. That the Council agrees to enter into a Memorandum of Agreement (as contained in Attachment C) with Coles Group Property Development Ltd, to transplant the Cork Oak Tree, located at 166A The Parade, Norwood to Coke Park, Norwood. 2. That the Council authorises the Chief Executive Officer to sign the Memorandum of Agreement contained within Attachment C to this report, on behalf of the Council. 3. That the Council notes that a diagnostic investigation will now be undertaken to determine if any unknown aspects of the health and structure of the Cork Oak Tree will affect the transplantation of the Cork Oak Tree. 4. That the Council approves expenditure of up to $15,000, to undertake a diagnostic assessment of the Cork Oak Tree, as recommended in the Treevolution Report dated 12 March 2014. 5. That a report be provided to the Council on the findings of the diagnostic assessment. The Memorandum of Agreement was executed by both parties on 20 March 2014. The testing of the Cork Oak Tree was carried out by ENSPEC on 1 April 2014. The key findings of the tests are outlined in this report for the Council’s consideration. A copy of the report prepared by ENSPEC is contained in Attachment A. RELEVANT STRATEGIC DIRECTIONS & POLICIES The relevant Outcomes and Objectives of the Council’s City Plan 2030 - Shaping Our Future are provided below: Page 2 City of Norwood Payneham & St Peters Minutes of the Special Meeting of Council held on 16 April 2014 Item 2.1 Outcome 2: Cultural Vitality A culturally rich and diverse City with a strong identity, history and sense of place. Objectives: 4. Pleasant, well designed, sustainable urban environments. Outcome 4: Environmental Sustainability A leader in environmental sustainability. Objectives: 1. Sustainable and efficient management of water, energy and other resources. There are numerous issues and factors involved with this matter. As such, all relevant factors and issues need to be carefully considered by the Council in making its decision as to whether or not it will pursue the transplanting of the Tree and under what circumstances. FINANCIAL AND BUDGET IMPLICATIONS The report prepared by Treevolution and considered by the Council at its meeting held on 19 March 2014, provided a first order estimate of the costs associated with the transplantation of the Cork Oak Tree. The estimate proposed by Treevolution is $150,000 (GST Exclusive,) plus or minus 50%, given the unknowns, as only a visual inspection of the Cork Oak Tree undertaken at the time of preparing the report. As part of the discussions leading up to the execution of the Memorandum of Agreement, Coles advised that it is prepared to contribute to the costs of transplanting the Cork Oak Tree, on a shared basis with the Council, with a contribution upwards to a maximum of $80,000. If, however, the costs to transplant the Cork Oak Tree are in excess of $160,000, Coles have advised that they would only contribute a maximum of $80,000. This was outlined to the Council in the report considered by the Council at its meeting held on 19 March 2014. As outlined in the report considered by the Council at its meeting held on 19 March 2014, the Council has not allocated funds for this project within its 2013-2014 Budget (i.e. the cost of transplantation). As such, should the Council decide to pursue the transplantation of the Cork Oak Tree, whether that be in the 20132014 financial year or beyond, funds would need to be allocated. At its meeting held on 20 March 2014, the Council’s Development Assessment Panel refused Coles’ Development Application to redevelop the site. In this respect, should the Council wish to pursue the transplantation of the Cork Oak Tree, it is recommended that this should only occur in the event that a redevelopment of the Coles site is approved, be that through a court process (an appeal against the Council’s Development Assessment Panel decision), or through the lodgment of a new Development Application. In terms of the costs which have been incurred to date, at the time of preparing this report, invoices had not been received from the Council’s Consultants. However, it is expected that approximately $11,100 (GST Exclusive) has been incurred to date. A summary of the cost is provided in Table 1 below. TABLE 1 – SUMMARY OF COSTS TO DATE Treevolution report and investigation $1,500 Site preparation for ENSPEC testing and reinstatement $3,800 ENSPEC testing, assessment and report $5,800 Total $11,100 EXTERNAL ECONOMIC IMPLICATIONS Not applicable. Page 3 City of Norwood Payneham & St Peters Minutes of the Special Meeting of Council held on 16 April 2014 Item 2.1 SOCIAL ISSUES Not applicable. CULTURAL ISSUES The cultural issues associated with the Tree were outlined in the report considered by the Council at its meeting held on 19 March 2014. ENVIRONMENTAL ISSUES Not applicable. RESOURCE ISSUES Not applicable. RISK MANAGEMENT There are numerous issues associated with the transplantation of a tree of that size and therefore, a detailed management plan would need to be prepared to ensure all of the associated risks are identified and managed. The identified risks are outlined in the reports which have been prepared by the Council’s consultants. CONSULTATION Elected Members The Council considered reports regarding this matter at its meetings held on 3 February 2014 and 19 March 2014. Community A petition signed by seventeen (17) citizens requesting the retention or transplantation of the Cork Oak Tree was considered by the Council at its meeting held on 3 February 2014. Staff Chief Executive Officer; General Manager, Urban Services; and Horticultural & Aboricultural Services Coordinator Other Agencies Not applicable. DISCUSSION ENSPEC Assessment ENSPEC have been engaged by Council staff to conduct a full assessment of the Cork Oak Tree, as recommended by Treevolution. This required the undertaking of a ground based visual tree assessment (VTA), Ground Penetrating Radar (GPR) and Picus© Sonic Tomograph (ST) test. A written report has been prepared by ENSPEC outlining the findings of these tests, a copy of which is contained in Attachment A. The primary objective of the tests and assessments which have been undertaken by ENSPEC, is to confirm the feasibility of transplanting the Cork Oak Tree, based upon its current condition, the existing site and the intended recipient site which is James Coke Park. Page 4 City of Norwood Payneham & St Peters Minutes of the Special Meeting of Council held on 16 April 2014 Item 2.1 In respect to the issue of location, Coke Park was considered to be the most practical location, given its close proximity to the current location of the Cork Oak Tree. Transplantation to Coke Park would also reduce the total costs of the exercise. Both Treevolution and ENSPEC have not been asked to consider other locations, given that it is viable to transplant the Cork Oak Tree to Coke Park. ENSPEC’s report has identified that the Cork Oak Tree displays good vigour and structure and no significant or obvious structural issues have been identified. The condition of the trunk was determined to be structurally sound, based upon the Picus© Sonic Tomograph (ST) results and the root plate was identified by the Ground Penetrating Radar (GPR), to extend beyond the garden bed area to provide structural stability protecting the tree from an overturning moment. Based upon the condition of the Cork Oak Tree, the existing site and the intended recipient site (ie Coke Park), ENSPEC has identified that the Cork Oak Tree is suitable for transplantation and the project is highly feasible. ENSPEC estimates that the cost of transplanting the Cork Oak Tree, based upon current site conditions and restraints, will be between $150,000 and $180,000 (GST Exclusive). The estimated cost includes: existing site preparation; existing site excavation; tree transplantation; excavation of relocation site; and planting of the Cork Oak Tree in relocation site The cost estimates do not include: removal or temporary relocation of impedances (i.e. trees, poles, seats, etc.); aftercare maintenance; and reinstatement of existing site, relocation site or other affected areas. Council staff have considered the estimated cost of the items stated above and which have not been included in the ENSPEC report and it is estimated that approximately $25,000 (GST Exclusive) would be required. Therefore the total estimated costs for the transplantation of the Cork Oak Tree are in the order of $175,000 to $205,000. ENSPEC has recommended that only techniques that use a below ground root plate lift method be employed. ENSPEC has also advised that under no circumstances should a method be engaged that would result in any physical damage to the trunk, any above ground tree structure including drilling holes in the trunk, or within the identified root ball. ENSPEC recommends that the Cork Oak Tree be transplanted in the exact same orientation as its existing location. Given the species, its condition and its trunk size, it is estimated that a minimum area of excavation should be eight (8) metres in diameter around the Cork Oak Tree and to a minimum depth of 1.25 metres. However, ENSPEC has recommended that the optimum area of ten (10) metres in diameter around the Cork Oak Tree be excavated to prepare the root ball, in order to accommodate the extend of roots identified by the GPR. It is estimated that the Cork Oak Tree (together with the tree root ball), will equate to a load of approximately 100 tonnes. However, this will be dependent on soil conditions, moisture and the size of the root plate which is extracted. ENSPEC has also recommended that an Australian Qualifications Framework Level 5 Arborist, experienced in the transplantation of large trees, be present on-site during all excavation, relocation and transplanting works to ensure that the contractor follows the work method statements. To this end, ENSPEC has recommended that all quotations and tenders for the proposed works to transplant the Cork Oak Tree should include as a minimum, a detailed and full transplanting and re-establishment methodology and work method statement for each part of the transplant process. Page 5 City of Norwood Payneham & St Peters Minutes of the Special Meeting of Council held on 16 April 2014 Item 2.1 ENSPEC has also recommended that the transplantation process must also include, but not be limited to the following: details of existing site preparations including pre-pruning of tree roots and the required time frame prior to the lift occurring (e.g. soil testing, service location, etc); details of transplanting site preparations required (e.g. soil testing, service location, infrastructure relocation, drainage, etc); techniques that will not damage the Cork Oak Tree above or below ground, including no drilling of the trunk to create a lifting point; techniques that use pneumatic lifting systems; techniques that ensure the load bearing capacity does not exceed a maximum of 20 Psi ground pressure while the Tree is being moved from its existing location to the proposed new location; details of relocation route preparations required (e.g. infrastructure removal, adjacent tree pruning and removal, use of Elevated Work Platform); a ten (10) year tree health aftercare maintenance program for the Council to administer; and a guarantee ensuring the Tree’s survival for a minimum of ten (10) years. It is ENSPEC’s view that if the Cork Oak Tree is transplanted by a competent expert, who works closely with the Council’s arborist and consultants and if the correct aftercare maintenance is implemented, the Cork Oak Tree has a greater than 97% chance of survival. OPTIONS The Council has three (3) options regarding this matter, as outlined below. Option 1 - Transplant the Cork Oak Tree Irrespective of What Happens to Coles’ Site The Council could decide to pursue the transplantation of the Cork Oak Tree irrespective of whether or not Coles pursues the redevelopment of the site. The transplantation of the Cork Oak Tree into Coke Park is possible and viable, so the Council could decide to pursue this option. However, this option would be contingent on Coles agreeing to “give” the Cork Oak Tree to the Council – given that its Development Application has now been refused. The advantage of this option is that the issue of the Cork Oak Tree is resolved irrespective of what happens on the Coles site now or in the future. However, given that as it currently stands, the redevelopment of the site is not progressing, Coles may not be willing to transfer ownership of the Cork Oak Tree to the Council or if it did, it may not wish to contribute towards the costs of transplanting the Cork Oak Tree. In this respect, the Council may be required to fund all of the costs. There is an element of risk with the transplantation of the Cork Oak Tree as it may not survive in its new location once transplanted, albeit that this is minimal based on the findings and advice which has been provided by the Council’s Consultants. There is also an element of risk insofar as the costs are concerned. That is, that the estimates are first order estimates only and are subject to a tendering process. In this respect, the Council could be faced with additional costs over and above the current cost estimates. There is no logical reason why the Council should pursue taking over the Cork Oak Tree at this time, other than the fact that the issue which has been raised by the petitioners would be resolved, albeit that the redevelopment may not proceed. As such, this option is not recommended. Page 6 City of Norwood Payneham & St Peters Minutes of the Special Meeting of Council held on 16 April 2014 Item 2.1 Option 2 - Not Transplant Tree Irrespective of What Happens to Coles’ Site The Council could decide to not pursue the transplantation of the Cork Oak Tree, irrespective of whether or not the Coles site is redeveloped. The costs of transplanting the Cork Oak Tree are significant, notwithstanding the contribution of $80,000 by Coles. Cost alone could be the reason for the Council not to pursue this matter any further. At its meeting held on 3 February 2014, the Council considered a report outlining a petition which has been received, in which the petitioners expressed a desire for the Council to retain the Cork Oak Tree or if retention of the Cork Oak Tree is not possible, that the tree be transplanted to Coke Park, in light of the proposed redevelopment of the Coles site. In this respect, there are a number of citizens who have a view that in the event that the Coles site is redeveloped and the Cork Oak Tree is to be removed, then the Council should do what it can to retain the Tree by transplanting it to another location. Option 3 - Transplant Tree if Coles’ Site is Redeveloped and Requires Tree Removal In the event the Coles Development Application for redevelopment of the Coles site is approved through a new Development Application (given that the current Development Application has been refused) or in the event of a successful appeal to the Environment Resources & Development Court AND this approval includes the removal of the Cork Oak Tree, then the Council could pursue transplantation of the Cork Oak Tree. This option would require an agreement to be entered into between the Council and Coles to transplant the Cork Oak Tree. Whether the cost is shared equally or based on the initial position of Coles – that is a maximum contribution of $80,000, is a matter for negotiation. This option is recommended. The recommendation of this option is recommended subject to: a. approval for the redevelopment of the Coles site is granted AND that this approval includes the removal of the Cork Oak Tree. If redevelopment of the site is not pursued by Coles or if the redevelopment is approved on the basis that the Tree is to be retained, then this option would not be pursued by the Council; b. the Cork Oak Tree is transplanted from its current location to Coke Park; c. an agreement is reached between the Council and Coles on the issue of costs, be that equal sharing of costs or other; and d. that all recommendations and advice received from Treevolution and ENSPEC, as outlined in the various reports, be adhered to. CONCLUSION The Council has undertaken a detailed and thorough investigation into the transplantation of the Cork Oak Tree from its current location to Coke Park. The results of the investigations which have been undertaken, have concluded that the Cork Oak Tree can be relocated. The issues and costs associated with such a proposal have been outlined in this report and the Council can now make an informed decision as to whether or not it wishes to pursue this matter and under what circumstances. Staff have recommended that the Council pursue the relocation of the Cork Oak Tree, in the event that approval for the redevelopment of the Coles site is granted AND that this approval includes the removal of the Cork Oak Tree. The terms and conditions under which this should be undertaken are outlined in this report. If, however, the redevelopment of the site is not pursued by Coles or if the redevelopment is approved on the basis that the Tree is to be retained, then this option would not be pursued. Page 7 City of Norwood Payneham & St Peters Minutes of the Special Meeting of Council held on 16 April 2014 Item 2.1 COMMENTS The first order estimates initially considered by the Council was $150,000 (with a 50% plus or minus) has now been revised in light of the investigations undertaken on the Tree by ENSPEC. The revised first order estimate is now in the order of $175,000 to $205,000. The actual costs for the works to transplant the Cork Oak Tree will be known following the tendering process. In this respect, it should be noted that the actual costs could vary from the revised first order estimate. The Council is faced with a difficult and complex decision. The Council has acceded to the request which has been made by the petitioners insofar as assessing the feasibility of transplanting the Cork Oak Tree to Coke Park. The assessments undertaken by consultants engaged by the Council, have concluded that the Cork Oak Tree can be transplanted with a 97% success – albeit that an absolute guarantee cannot be given. The basis of the petitioners request is that the Cork Oak Tree is of historical significance. Whilst the history of the Cork Oak Tree confirms that it was planted by Henry Buttery in circa 1892, the real question is – is the Cork Oak Tree any more significant that the River Red Gum Tree which is located towards the southern western corner of the site or indeed any other mature tree within the City. As such, in reaching a decision as to whether to transplant the Cork Oak Tree to another site is the best outcome, the Council must consider what is special and significant about this particular tree (aside from the fact that it is a Cork Oak Tree and is 125 years old), and the fact that Coles also wishes to remove a number of other Significant and Regulated Trees. Other issues which the Council should consider are: Whether the decision in this instance (ie to transplant the Cork Oak Tree) will set a precedent? What about other Significant and Regulated Trees on the site and indeed across the City? Whether expenditure of this magnitude is warranted. It could be speculated that given the level of interest generated by this issue, Coles has sought to resolve the issue (in partnership with the Council) to ensure that this impediment to the approval of their Development Application would be removed. The separation of the transplantation of the Cork Oak Tree and the Development Assessment process is fundamentally important. At the same time, the petitioners request to retain the Cork Oak Tree is a decision which only Coles and/or the Council’s Development Assessment Panel can make. In this respect, the Panel has now refused the Coles Development Application – and a specific reason for the refusal is based upon the removal of the Cork Oak Tree and a number of other significant Regulated Trees. The decision which has been made to assess the feasibility of transplanting the Cork Oak Tree, was made on the basis of ensuring that the Cork Oak Tree was ‘saved’ in the event of the Panel approving the Development Application, which included removal of the Cork Oak Tree. The Panel has made a decision to refuse the Development Application, which in part is based upon Coles not demonstrating that all reasonable development options and design solutions have been considered to prevent the removal of eight (8) Regulated Trees and four (4) Significant Trees. The refusal is now a matter for Coles to consider. The recommendation set out below is therefore based on progressing the Council’s initial decision made at its meeting held on 3 February 2014. Notwithstanding this, whilst not within the Council’s jurisdiction, the petitioners have in part achieved one of their objectives – that is, the Cork Oak Tree will not be removed by virtue of the Development Application being refused. The question that now remains, is whether the Council still wishes to pursue transplantation of the Cork Oak Tree or whether it wishes to wait and see what path Coles determines to pursue in respect to its Development Application. To this end, the recommendation is worded in a manner which will see the process activated in the event of Development Approval for the redevelopment of the site being achieved. Page 8 City of Norwood Payneham & St Peters Minutes of the Special Meeting of Council held on 16 April 2014 Item 2.1 RECOMMENDATION 1. That the Council resolves that it accepts the advice which has been provided regarding the transplantation of the Cork Oak Tree. 2. That the Council advise Coles Group Property Developments Limited, that it agrees to work with Coles to transplant the Cork Oak Tree to Coke Park, subject to the following: a. Development Approval for Development Application 155/474/13 being granted to Coles Group Property Development Ltd (or any subsequent Development Application granted in respect to the re-development of 166A The Parade, Norwood) and on the basis that the approval incorporates the removal of the Cork Oak Tree. If redevelopment of the site is not pursued by Coles Group Property Development Ltd or if the redevelopment is approved on the basis that the Tree is to be retained, then the Council will not pursue the transplantation of the Cork Oak Tree. b. That in the event of the Cork Oak Tree being transplanted, it will be transplanted from its current location to James Coke Park, as recommended by Treevolution and ENSPEC. c. An agreement is reached between the Council and Coles Group Property Development Ltd with respect to the issue of sharing the costs between the Council and Coles required to transplant the Cork Oak Tree and that the Chief Executive Officer, or his delegate, be authorised to negotiate and finalise this agreement, for and on behalf of the Council. d. That all recommendations and advice which has been received from ENSPEC and as outlined in the report prepared by ENSPC be adhered when the transplantation of the Cork Oak Tree is activated. 3. The Council notes that the necessary and required tendering process will be undertaken to engage a suitable contractor to undertake the works required to transplant the Cork Oak Tree. 4. That the Coles Group Property Development Ltd be advised of the Council’s decision regarding this matter. 5. That Mr Jim Dunk, the convenor of the petition considered by the Council at its meeting held on 3 February 2014, be advised of the Council’s decision regarding this matter. Page 9 City of Norwood Payneham & St Peters Minutes of the Special Meeting of Council held on 16 April 2014 Item 2.1 Cr Marcuccitti moved: 1. That the Council resolves that it accepts the advice which has been provided regarding the transplantation of the Cork Oak Tree. 2. That in light of the significant cost associated with and that would be incurred by the Council for the transplantation of the Cork Oak Tree and the precedent which such a decision would have regarding other Significant or Regulated Trees within the City, the Council not agree to the transplantation of the Cork Oak Tree and not proceed with any further investigations or negotiations regarding the matter. 3. That the Council’s decision not to agree to the transplantation of the Cork Oak Tree is irrespective of whether or not approval is granted for the redevelopment of the Norwood Coles Site and irrespective of whether or not, as part of any redevelopment of this site, the Cork Oak Tree is removed. 4. That the Coles Group Property Development Ltd be advised of the Council’s decisions regarding this matter. 5. That Mr Jim Dunk, the convenor of the petition considered by the Council at its meeting held on 3 February 2014, be advised of the Council’s decision regarding this matter. Seconded by Cr Duke and lost. Division Cr Marcuccitti called for a division and the decision was set aside. Those in favour: Cr Pasalidis, Cr Duke, Cr Rundle, Cr Marcucccitti and Cr Granozio. Those against. Cr Wormald, Cr Whitington, Cr Knoblauch, Cr Dottore, Cr MacRae and Cr Frogley. The Mayor declared the motion lost. Cr Duke moved: 1. That the Council resolves that it accepts the advice which has been provided regarding the transplantation of the Cork Oak Tree. 2. That the Council accepts no financial responsibility for transplanting the tree. 3. That Council advises Coles that it is the Council’s preferred position that the tree be retained in its current location. Seconded by Cr Knoblauch and carried. Division Cr Wormald called for a division and the decision was set aside. Those in favour: Cr Knoblauch, Cr Pasalidis, Cr Duke, Cr Frogley, Cr Rundle, Cr Marcuccitti and Cr Granozio. Those against: Cr Wormald, Cr Whitington, Cr Dottore and Cr MacRae. The Mayor declared the motion carried. Page 10 City of Norwood Payneham & St Peters Minutes of the Special Meeting of Council held on 16 April 2014 3. CONFIDENTIAL REPORTS Nil 4. CLOSURE There being no further business, the Mayor declared the meeting closed at 8.21pm. _______________________________________ Mayor Robert Bria Minutes Confirmed on ____________________ (date) Page 11