Council to fix Bluewater sports floor ahead of legal action to recover the costs
June 10, 2016
Colac Otway Shire Council will fix the Bluewater sports floor ahead of legal action to seek compensation, with a view to getting the community into the new stadium as soon as possible.
Mayor Frank Buchanan said Council had spent months behind the scenes trying to resolve issues with the faulty floor to avoid having to go to court.
“All of our focus to date has been on getting a solution for the stadium floor rather than taking legal action, because it’s abundantly clear that legal action is very costly and could potentially take years,” Cr Buchanan said.
“Hand on heart, I can say that this organisation has made every effort to try to get the best outcome for our community, however mediation and confidential, without prejudice discussions have not been successful in getting an agreement and the time has come to change our approach.
“Council cannot and will not allow the community to be locked out of their stadium any longer than necessary and so for some time we have been working in the background to put a plan in place to fix the floor including identifying the funds needed.”
Cr Buchanan said this issue had been very challenging for Council. “Behind the scenes we have been fighting on behalf of our community to get the quality stadium we expected. Legally Council had no option but to honour confidentiality requirements.
“It’s fair to say that we’ve been let down during this project and as a result Council has had to get its own independent expert report on the best way to fix the floor,” he said.
This report is due to be delivered to Council in coming weeks.
“We know that a fix could cost up to $720,000, and that is the amount Council has saved from a review of savings from the 2015-16 budget to ensure we have adequate funding available,” he said.
Cr Buchanan acknowledged that ratepayers should not have to pay for the fix, and Council would seek compensation through legal action so that ratepayers wouldn’t be left out of pocket.
“Council decided that its priority had to be getting the community back into the facility as soon as possible, which is why we are proceeding now with fixing the floor rather than waiting for the lengthy legal process to play out,” he said.
“We understand the importance of the stadium to the community but we are also confident that our community understands that rather than reacting to external pressure for a short term result, real leadership for our community required careful and considered analysis of our options and being mindful not to compromise our prospects of success in imminent legal proceedings.”
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