Council Meeting

Notice of Meeting

Monday, 4 September 2017

 

Wednesday, 30 August 2017

 

Mr John Rayner

 

An Ordinary Meeting of Council will be held at 6.00pm in the Council Chambers, Civic Centre, 24 MacMahon Street, Hurstville Monday, 4 September 2017 for the consideration of the business available on Council's website at http://www.georgesriver.nsw.gov.au/Council/Council-Meetings.

 

 

 

 

 

Gail Connolly

General Manager

 

 

BUSINESS

1.      Acknowledgement of Country

2.      Apologies

3.      Disclosures of Interest

4.      Administrator Minute

5.      Minutes of previous meetings

6.      Environment and Planning

7.      Finance and Governance

8.      Assets and Infrastructure

9.      Community and Culture

 


Ordinary Meeting

Summary of Items

Monday, 4 September 2017

 

Previous Minutes

MINUTES: EXTRAORDINARY COUNCIL MEETING – 29 JUNE 2017

MINUTES: Council Meeting - 7 August 2017

Environment and Planning

CCL184-17       Planning Proposal PP2015 0006 37-41 Treacy Street, Hurstville Treacy Street Car Park - Gateway Determination

(Report by Manager Strategic Planning)................................................................... 2

CCL185-17       Adoption of Amendment No. 1 to Generic Plan of Management - General Community Uses

(Report by Manager Strategic Planning)................................................................. 13

CCL186-17       Adoption of Georges River Council Section 94A Contributions Plan 2017

(Report by Manager Strategic Planning)................................................................. 68

CCL187-17       Non–conforming non-complying building products including External Wall Cladding

(Report by Manager Building Assessment).......................................................... 102

CCL188-17       Summary of Development Applications lodged and determined

(Report by Manager Development and Building)................................................ 107

CCL189-17       Status Report - Companion Animal Management

(Report by Manager Environmental Health & Regulatory Services)................ 110

Finance and Governance

CCL190-17       Investment Report as at 31 July 2017

(Report by Team Leader Financial Reporting)..................................................... 114

CCL191-17       2016 - 2017 Budget Expenditure Carry Over Requests

(Report by Coordinator Financial Management)................................................. 130

CCL192-17       Annual Financial Statements 2016-17 Present for Audit

(Report by Chief Financial Officer)........................................................................ 133

CCL193-17       Georges River Council Operational Plan 2016-2017 Annual Performance Report

(Report by Executive Manager)............................................................................... 140

CCL194-17       Amalgamation Progress Report as at 30 June 2017

(Report by Director Transformation and Change)............................................... 231

 

 

CCL195-17       Georges River Council Statement of Business Ethics

(Report by Governance Officer).............................................................................. 240

CCL196-17       Georges River Council Councillor and Staff Interaction Policy

(Report by Executive Manager)............................................................................... 246

CCL197-17       Georges River Council Related Party Disclosures Policy

(Report by Governance Officer).............................................................................. 259

CCL198-17       Update on UOW Jubilee Oval, Kogarah

(Report by Executive Manager Premium Facilities and Properties)................. 279

CCL199-17       Advice on Court Proceedings - August 2017

(Report by General Counsel).................................................................................. 281

CCL200-17       NSW Crown Lands Negotiation Process - Council Expressions of Interest

(Report by Executive Manager Premium Facilities and Properties)................. 292

Assets and Infrastructure

CCL201-17       Property Matter - Proposed Grant of Easement to Drain Water - Olds Park

(Report by Strategic Property Officer)..................................................................... 298

CCL202-17       Georges River Council Depot Masterplan and Preliminary Depot Consolidation Business Case

(Report by Executive Manager Engineering Operations).................................. 302

CCL203-17       Exhibition Outcome - Georges River Council Community Lease Policy

(Report by Strategic Property Officer)..................................................................... 573

CCL204-17       Georges River Council Traffic Advisory Committee Meeting - 15 August 2017

(Report by Traffic Engineer).................................................................................... 593

Community and Culture

CCL205-17       Georges River Council Library Use and Membership Policy

(Report by Acting Manager Library Services)....................................................... 600

CCL206-17       Georges River Council Library Collection Development Policy

(Report by Acting Manager Library Services)....................................................... 608

CCL207-17       Georges River Councils Historical Markers Policy

(Report by Community Development Officer, Cultural Services)...................... 618

CCL208-17       Collection Management and Conservation Policy

(Report by Acting Manager Community and Cultural Development)............... 627

CCL209-17       Community Development and Services Advisory Committee Meeting Minutes - 14 August 2017

(Report by Manager Community & Cultural Development)............................... 642

 

CCL210-17       Aboriginal Advisory Committee Meeting - 7 August 2017

(Report by Manager Community & Cultural Development)............................... 646

 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 1

 

AGENDA

1.      Acknowledgement of Traditional Custodians

Council acknowledges the traditional custodians of the land on which this meeting is being held as the Biddegal people of the Eora Nation.

2.      Apologies 

3.      Disclosure of Interest

4.      Administrator Minutes

5.      Minutes of previous meetings

EXTRAORDINARY COUNCIL MEETING – 29 JUNE 2017

Council Meeting - 7 August 2017

 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 2

6.      Environment and Planning

 

Item:                   CCL184-17        Planning Proposal PP2015 0006 37-41 Treacy Street, Hurstville Treacy Street Car Park - Gateway Determination 

Author:              Manager Strategic Planning

Directorate:      Environment and Planning

Matter Type:     Environment and Planning

 Recommendation

(a)     That Council note the conditions of the NSW Department of Planning and Environment’s Gateway Determination for Planning Proposal PP2015/0006 (Planning Proposal) for 37-41 Treacy Street, Hurstville (Treacy Street Car Park Land);

(b)     That should the NSW Department of Planning and Environment indicate that the Minister for Planning is willing to enter into a Voluntary Planning Agreement in respect of the Planning Proposal, that Council: 

(i)      Endorse the preparation of a draft Voluntary Planning Agreement between Council and the Minister for Planning, which is to meet the provisions of the Georges River Council Policy on Voluntary Planning Agreements, including the provision of at least 90 public car parking spaces and at least 5% of the Gross Floor Area intended for residential purposes of any development, for affordable rental housing if the Planning Proposal is made, and once development consent is granted, in respect of the Treacy Street Car Park Land;

(ii)     Forward the draft Voluntary Planning Agreement to the Minister for Planning with an irrevocable offer to enter into the Voluntary Planning Agreement prior to the public exhibition and the making of the Planning Proposal;

(iii)    Publicly exhibit both the draft Voluntary Planning Agreement and the Planning Proposal;

(iv)    Delegate to the General Manager the authority to negotiate the final terms of, and execute the Voluntary Planning Agreement, following public exhibition, at the General Manager's discretion, provided the VPA contains the requirements in clause (b)(i); and

(v)     Register the Voluntary Planning Agreement on the title of the Treacy Street Car Park Land as soon as practicable after the Planning Proposal has been made.

(c)     That should the NSW Department of Planning and Environment indicate that the Minister for Planning is not willing to enter into a Voluntary Planning Agreement in respect of the Planning Proposal, that Council:

(i)      Approve the placing of a covenant on title of the land which provides that if the Treacy Street Car Park Land is developed, the developer must provide to Council at least 90 public car parking spaces, must develop and transfer to Council at least 5% of the Gross Floor Area intended for residential purposes of any development, for the purpose of affordable rental housing and any other public benefits necessary to address the impacts of the development;

 

(ii)     Publicly exhibit both the Planning Proposal and the proposed covenant; and

(iii)    Delegate to the General Manager the authority to sign and execute all relevant documentation to place the covenant on title of the Treacy Street Car Park Land as soon as practicable after the Planning Proposal has been made.

 

Executive Summary

 

1.      Council considered a report on the Planning Proposal PP2015/0006 for 37-41 Treacy Street, Hurstville (Treacy Street Car Park) at its Meeting of 5 June 2017 (CCL085-17) and resolved to forward the Planning Proposal to the Greater Sydney Commission for a Gateway Determination under Section 56 of the Environmental Planning and Assessment Act 1979.

2.      A Gateway Determination was issued by the Department of Planning and Environment (as Delegate of the Greater Sydney Commission) on 8 August 2017. A copy of the Determination is included in Attachment 1.

 

3.      The Treacy Street Car Park is a Council owned site.

 

4.      This report provides a summary of the requirements and conditions of the Gateway Determination and the actions to be undertaken to progress the Planning Proposal.

 

5.      This report presents to options in relation to the Planning Proposal for the provision of public benefits, including the provision of 90 public carparking spaces and affordable housing within any future development. Based on legal advice, it is recommended that if the Minister for Planning is willing to enter into a VPA in respect of the Planning Proposal, that Council proceed to enter into a proposed draft VPA. Alternatively, if the Minister is not willing to enter into a VPA than Council place a covenant on the title of the Land which provides that if the land is to be developed, the developer must provide at least 90 public car spaces, affordable housing within the development and any other public benefits necessary to address the impacts of the development.

 

Background

 

6.      A detailed background to the Planning Proposal was provided to the Council Meeting of 5 June 2017 in report CCL085-17.

 

7.      Council resolved at the 5 June 2017 in relation to the Planning Proposal:

(a) That the Planning Proposal PP2015/0006 to amend Hurstville Local Environmental Plan 2012 as follows, in respect of the land known as 37-41 Treacy Street, Hurstville (Treacy Street Car Park site), be forwarded to the delegate of the Greater Sydney Commission for a Gateway Determination under Section 56 of the Environmental Planning and Assessment Act 1979:

i)     Amend the Land Application Map to remove the “deferred matter” status from the site.

ii)    Amend the Land Zoning Map to remove the “deferred matter” from the Site and zone the Site B4 Mixed Use.

iii)   Amend the Height of Building Map (HOB) to specify a maximum building height of 55m.

 

iv)   Amend the Floor Space Ratio Map (FSR) to specify a maximum floor space ratio of 7:1.

v)    Amend the Active Street Frontages Map (ASF) to identify an active street frontage along the Treacy Street boundary of the site.

vi)   Amend Clause 4.4A of Hurstville LEP 2012 to include a provision requiring a minimum ‘non-residential’ floor space ratio of 1:1 on the site.

vii) Amend to include provision for affordable housing to be incorporated in any development on the site equivalent to not less than 5% of the gross floor area of the development.

viii) Amend to include provision for public car parking to be provided in any development on the site equivalent to not less than 90 car spaces.

 

(b) That if it is determined by the Greater Sydney Commission or its delegate under Section 56 of the Environmental Planning and Assessment Act 1979 that the Planning Proposal referred to in (a) should proceed, an amendment to the Hurstville Development Control Plan No 2 – Hurstville City Centre (Amendment No 6),  in respect of the land known as 37-41 Treacy Street Hurstville (Treacy Street Car Park site), be prepared and publicly exhibited at the same time that the Planning Proposal is publicly exhibited:

i)     To include the site in the land to which the development control plan applies;

ii)    To include site specific provisions including (but not limited to):

·   Vehicle access points,

·   Site and boundary landscaping,

·   Active street frontages and building rear setbacks,

·   Building breaks,

·   Minimising overshadowing of the public domain.

 

(c)   If it is determined by the Greater Sydney Commission or its delegate under Section 56 of the Environmental Planning and Assessment Act 1979 that the Planning Proposal referred to in part (a) should proceed

i)     A revised urban design analysis be undertaken and be exhibited with the Planning Proposal that assesses the inter-relationship between the proposed height and floor space ratio as well as compliance with the Apartment Design Guide and avoids units with sole orientation to the railway line.

ii)    Consideration be given to the traffic impacts generated by the development of the site in accordance with the Planning Proposal and the contributions that can be made to offset that impact.

iii)   Noting Council will develop a Car Parking Strategy for Hurstville consideration be given to including additional parking spaces within the development to assist in improving parking availability within the centre.

 

8.      In summary, the Gateway Determination (refer Attachment 1) determined that an amendment to the Hurstville LEP 210 to zone the site B4 Mixed Use and amend the building height, floor spacer ratio and active street frontage controls should proceed subject to conditions (refer below) and as follows:

 

·        Amend the Land Application Map to remove the “deferred matter” status from the site.

·        Amend the Land Zoning Map to remove the “deferred matter” from the Site and zone the Site B4 Mixed Use.

·        Amend the Height of Building Map (HOB) to specify a maximum building height of 55m.

·        Amend the Floor Space Ratio Map (FSR) to specify a maximum floor space ratio of 7:1.

·        Amend the Active Street Frontages Map (ASF) to identify an active street frontage along the Treacy Street boundary of the site.

·        Amend Clause 4.4A of Hurstville LEP 2012 to include a provision requiring a minimum ‘non-residential’ floor space ratio of 1:1 on the site.

 

9.      The Gateway Determination also conditioned that prior to community consultation; the planning proposal is to be updated to:

·        Remove reference to a provision for affordable housing. It is noted that the Council resolution (5 June 2017) in relation to the proposed Hurstville LEP 2012 amendment stated “amend to include provision for affordable housing to be incorporated in any development on the site equivalent to not less than 5% of the gross floor area of the development”.

·        Remove reference to a provision for public car parking. It is noted that the Council resolution (5 June 2017) in relation to the proposed Hurstville LEP 2012 amendment stated “amend to include provision for public car parking to be provided in any development on the site equivalent to not less than 90 car spaces”.

·        Include a revised Urban Design report illustrating the proposed built form taking into consideration the requirement for a minimum non-residential floor space of 1:1. The report is to be placed on public exhibition with the planning proposal and the planning proposal is to be updated to reflect the revised Urban Design report.

 

The Next Steps in the Planning Proposal Process

 

10.    The Applicant (Council’s Property Section) has been advised of the requirements of the Gateway Determination and is preparing a revised Urban Design report.

 

11.    The Planning Proposal (revised in accordance with the Gateway Determination) and supporting documents, including the revised Urban Design report, will be placed on community consultation in accordance it the Environmental Planning and Assessment Act, 1979 and Environmental Planning and Assessment Regulation 2000 for a minimum of 28 days. It is intended that the Planning Proposal be exhibited together with a draft Voluntary Planning Agreement as discussed below.

 

12.    After the close of the community consultation a report to Council will be prepared to consider the comments received and recommendations for finalising the Planning Proposal and Voluntary Planning Agreement.

 

13.    An amendment to the Hurstville DCP (No.2) Hurstville City Centre in relation to the Treacy Street Car Park site is also being prepared.

 

 

14.    In relation to the consideration of the traffic impacts generated by the future development of the site, and contributions that can be made to offset that impact, Council is currently updating the Hurstville TMAP which will take into account future development within the site in line with the proposed increase in development standards (estimated to be approx. 180 residential apartments, 780m2 ground floor retail, 1800m2 commercial (office) floor space and approx. 375 basement parking spaces (including 90 public spaces).

 

Public Carpark and Affordable Housing

 

Public Carpark

15.    It should also be noted that Council’s Property Section/Division provided a Letter of Offer to enter into a Planning Agreement with Council as both parties dated 27 April 2017 in relation to the Planning Proposal. The letter of offer proposed to provide the following public benefits in relation to Planning Proposal on the site:

a.      Public car parking to be dedicated to Council (GRC) in stratum with the redevelopment of the site up to or greater than current number of spaces on the site; and or

b.      Monetary contributions to be used by Council (GRC) towards public purposes as described under Section 93F(2) of the EPA Act from sale of land resulting from uplift via the LEP amendment – as per VPA policy equation.

 

16.    Council received advice from Henry Davis York (Law Firm) that as Council is the owner of the site, a Voluntary Planning Agreement (VPA) with Council as both parties was  under Section 93F of the Environmental Planning and Assessment Act 1979 is not the appropriate means to enable Council to ‘lock in’ the public benefits proposed to the land. However, Henry Davis York (Law Firm) have provided updated advice that Council may enter into a VPA with the Minister for Planning as the other party, to enable Council to ‘lock in’ the public benefits proposed to the land. 

 

17.    IHAP at its Meeting of 18 May 2017 recommended that a provision for public car parking to be provided in any development on the site equivalent to not than 90 car spaces to replace the car parking currently provided on the site.

 

18.    In light of the strategies underway and the review of the Hurstville TMAP, it was suggested by Council Officers in the report to the Council Meeting held 5 June 2017 that a local provision requiring carparking to be provided on this site not be included in the planning proposal and that the following approach is followed:

a.      The Car Parking Strategy identifies the location, implementation mechanisms and time frame for the provision of not less than 90 car parking spaces (lost from the site) within the Hurstville City Centre.

 

b.      If no alternate suitable location and delivery for the parking can be found within the Centre, then a minimum of 90 spaces are to be provided on the Treacy Street site. The requirement for the parking would be linked to the sale/development of the site.

 

19.    Council at its Meeting held 5 June 2017 supported this approach.

 

20.    However the Gateway Determination removes the carparking provisions because a site specific clause relating to carparking is inconsistent with the Standard LEP Instrument and the Section 117 Directions.

 

 

Affordable Housing

21.    IHAP at its Meeting of 18 May 2017 recommended that a provision for affordable housing be incorporated in any development on the site equivalent to not than 5% of the gross floor area of the development. The 5% affordable housing requirement is based on the Affordable Rental Housing Target of 5% to 10% in the draft South District Plan for new urban renewal areas.

 

22.    Council at its Meeting held on 5 June 2017 resolved to include a provision for affordable housing to be incorporated in any development on the site equivalent to not less than 5% of the gross floor area of the development.

 

23.    In relation to the provision of affordable housing; the Department of Planning has advised that this requirement cannot be included in an amendment to the Hurstville LEP 2012 as an amendment to clause 9 of the State Environmental Planning Policy No.70 – Affordable Housing would be required prior to any planning proposal introducing affordable housing in an LEP.  A request for an amendment to SEPP No.70 would require Council to prepare a local housing strategy in line with the Actions of the draft South District Plan. It is Council’s intention to provide an affordable housing component within any future residential development on the site, and in accordance with the recommendations of the local housing strategy. This affordable housing component is anticipated to be in the order of 3-5% of the total floor area of the development that is intended to be used for residential purposes.

 

Legal Advice Received

 

24.    Council has received advice from Henry Davis York (Law Firm) that as Council is the owner of the site, a Voluntary Planning Agreement (VPA) under Section 93F of the Environmental Planning and Assessment Act 1979, with Council as both parties, is not the appropriate means to enable Council to ‘lock in’ the public benefits proposed to the land.

 

25.    However, Council have since received updated advice from Henry Davis York which confirms that Council can enter into a VPA with the Minister for Planning, to provide for the 90 car parking spaces and 5% affordable housing on the site, in connection with the Planning Proposal.

 

26.    That advice confirms that if Council wishes to "lock in" the obligation to provide the 90 car spaces and 5% affordable housing at the site now, as opposed to locking these in as part of a sale of land contract at a later date, then the provision of a draft VPA to the Minister, together with irrevocable offer to enter into that VPA post-exhibition, is an appropriate way to do so.

 

Voluntary Planning Agreement

 

27.    On 24 August 2017, Council contacted the Department of Planning and Environment to enquire whether the Minister for Planning will agree to enter into a VPA in respect of the Planning Proposal. Council still awaits that confirmation.

 

28.    Henry Davis York has provided Council advice on a proposed VPA between Council and the Minister for Planning, which recommends:

(a)     that at least 90 public car parking spaces must be constructed at the site as part of any future development;

 

 

(b)     affordable housing units comprising at least 5% of gross floor area of any future development must be constructed and fitted out;

 

(c)     the car parking spaces and affordable housing units must be dedicated to Council, or if Council is still the landowner, Council must reserve them for public purposes;

 

(d)     Council cannot sell or transfer the Land without the Minister's approval, but if Council does sell the land, the incoming party must enter into a VPA with the Council on similar terms, including provision of the Development Contributions;

 

(e)     the VPA is to be registered on title, meaning it binds all future owners of the site.

 

29.    Council is to note that this VPA will be prepared taking into account the provisions of the Georges River Council Policy on Planning Agreements.

 

30.    Provided that the Department of Planning confirms that the Minister is willing to agree to enter into a VPA, it is recommended that Council publicly exhibit the VPA together with the Planning Proposal, and that Council forward the VPA to the Minister with an irrevocable offer to enter into the VPA, meaning that the requirements of the VPA will be "locked in".

 

31.    Alternatively, if the Department of Planning and Environment indicates that the Minister for Planning is not willing to enter into a Voluntary Planning Agreement in respect of the Planning Proposal, it is recommended that Council approve the placing of a covenant on title of the land which provides that if the Treacy Street Car Park Land is developed, the developer must provide to Council at least 90 public car parking spaces, must develop and the transfer to Council at least 5% of the Gross Floor Area intended for residential purposes of any development for the purpose of affordable rental housing, and any other public benefits necessary to address the impacts of the development. Following this it is recommended that Council publicly exhibit both the Planning Proposal and the proposed covenant and delegate to the General Manager the authority to do all things necessary to place the covenant on title of the Treacy Street Car Park Land as soon as practicable after the Planning Proposal has been made.

 

Financial Implications

 

32.    Requirement to provide car parking spaces and affordable housing units under the VPA as part of any future development.

 

33.    No other budget impact for this report.

 

File Reference

PP2015/0006

 

 

ATTACHMENTS

Attachment View1

Gateway Determination Planning Proposal 37-41 Treacy Street, Hurstville Treacy Street Car Park

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL184-17             Planning Proposal PP2015 0006 37-41 Treacy Street, Hurstville Treacy Street Car Park - Gateway Determination

[Appendix 1]          Gateway Determination Planning Proposal 37-41 Treacy Street, Hurstville Treacy Street Car Park

 

 

Page 9

 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 13

Item:                   CCL185-17        Adoption of Amendment No. 1 to Generic Plan of Management - General Community Uses 

Author:              Manager Strategic Planning

Directorate:      Environment and Planning

Matter Type:     Environment and Planning

 

Recommendation

That Council adopt the Generic Plan of Management General Community Use Areas pursuant to Section 40 of the Local Government Act 1993.

 

Executive Summary

 

1.      Council recently exhibited an amendment to the Generic Plan of Management General Community Use Areas. The Plan of Management covers all Community Land categorised within former Hurstville Local government Area as a General Community Use Area.  There are twenty two (22) parcels of land included in this General Community Use Areas plan.

 

2.      The draft amendment relates to Clause 1.6 of the Plan of Management which restricts leases to 5 years. The Local Government Act permits the issue of leases for periods of more than 5 years and no more than 21 years however the current Plan of Management does not permit this. The amendment seeks to allow a lease or license of more than 5 years and no more than 21 years subject to the provisions of Section 47 of the Local Government Act 1993.

 

3.      The draft amendments to the Plan of Management was triggered by The Bridges Community Limited occupation of the Council owned land at 23-25 St Georges Road, Peakhurst.

 

4.      The draft amendment to the Plan of Management was on public exhibition from 5 July 2017 to 4 August 2017, with submissions received until 18 August 2017. No submissions were received.

 

5.      This report recommends that Council adopt the Generic Plan of Management General Community Use Areas pursuant to Section 40 of the Local Government Act 1993.

 

Background

 

6.      Council resolved to amend the Plan of Management at its Meeting held 1 August 2016. Council adopted the report which recommended:

 

a.      That approval to enter into Deeds of Licence with 3Bridges Community Incorporated as detailed in this report be approved.

 

b.      That Council approve the public notifications of the intention to grant the proposed deeds of licence to 3Bridges Community Incorporated.

 

c.       That a site specific plan of management be adopted for 23-25 St Georges Road, Penshurst permitting the granting of leases licenses and other interests for terms exceeding 5 years.

 

 

d.      That Council approve the public notification of the intention to create a site specific plan of management over 23-25 St Georges Road, Penshurst.

 

e.      That the General Manager and Administrator be authorised to sign the proposed Deeds of Licence and all other documentation related to the plan of management and licences  and under the common seal of Council if required.

 

7.      The Bridges Community Limited (3Bridges) currently holds a Deed of Licence over Council land described as LOT 101 in Deposited Plan (DP) 586060 and located at part 23 St Georges Crescent, Penshurst.  The current licence is for a 5 year term expiring on 30 September 2021. The site is contained within the Generic Plan of Management General Community Use Areas.

 

8.      Following the receipt of government funding, 3Bridges is proposing to expand the existing community centre.  Development Consent to proceed with the construction has been obtained with the proposed expansion involving the construction of a new building on adjoining vacant Council owned land described as LOT 4 in DP14475 and located at 25 St Georges Crescent, Penshurst.

 

9.      In order to formalise the occupation of the proposed new building, 3Bridges has requested a new long term licence over LOT 4 in DP14475.  Additionally, 3Bridges wish to incorporate their existing licence area over part of LOT 101 in DP586060 so that both building occupancies are comprised within a single Deed of Licence.

 

10.    In this regard, it is proposed to offer 3Bridges a new licence over the subject site for an initial term of 10 years with a further 5 year plus 5 year option period.

 

11.    The Local Government Act, 1993 permits the issue of leases and licences for periods greater than 5 years however, such leases and licences are not authorised by Council under the current plan of management at this location.  A draft amendment to the Plan of Management to permit leases to community land for periods of more than 5 years will allow a revised Deed of Licence to be prepared with 3Bridges.

 

Exhibition of amendment to the Generic Plan of Management General Community Use Areas

 

12.    The draft amendment to the Plan of Management was on public exhibition from 5 July 2017 to 4 August 2017, with submissions received until 18 August 2017.  The documentation was placed on exhibition at:

 

a.   Council’s website – www.georgesriver.nsw.gov.au/Council/Public-Exhibitions

 

b.   Hurstville Service Centre, Civic Centre, MacMahon Street, Hurstville, between 8.30am and 5.00pm, Monday to Friday.

 

c.   Hurstville and Kogarah Public Libraries, during library hours.

 

13.    As indicated above the draft amendment to the Plan of Management relates to Clause 1.6 of the Plan of Management which restricts leases to 5 years. The Local Government Act permits the issue of leases for periods of more than 5 years and no more than 21 years however the current Plan of Management does not permit this. The amendment seeks to allow a lease or license of more than 5 years and no more than 21 years subject to the provisions of Section 47 of the Local Government Act 1993.

 

14.    No submissions were received.

 

Adoption of Generic Plan of Management General Community Use Areas

 

15.    The next step is for Council to adopt the Generic Plan of Management General Community Use Areas. A copy of the Plan of Management is contained in Attachment 1.

 

Financial Implications

 

16.    Within budget allocation.

 

File Reference

File 09/791 & SF17/850

 

 

ATTACHMENTS

Attachment View1

Generic Plan of Management General Community Use Areas

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL185-17             Adoption of Amendment No. 1 to Generic Plan of Management - General Community Uses

[Appendix 1]          Generic Plan of Management General Community Use Areas

 

 

Page 16

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL185-17             Adoption of Amendment No. 1 to Generic Plan of Management - General Community Uses

[Appendix 1]          Generic Plan of Management General Community Use Areas

 

 

Page 48

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL185-17             Adoption of Amendment No. 1 to Generic Plan of Management - General Community Uses

[Appendix 1]          Generic Plan of Management General Community Use Areas

 

 

Page 67

 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 68

Item:                   CCL186-17        Adoption of Georges River Council Section 94A Contributions Plan 2017 

Author:              Manager Strategic Planning

Directorate:      Environment and Planning

Matter Type:     Environment and Planning

 

Recommendation

(a)     That Council approve Georges River Council Section 94A Development Contributions Plan (Amendment No. 1); and

(b)     That Council give public notice of its decision in accordance with the provisions of the Environmental Planning & Assessment Act and its Regulation.

 

Executive Summary

 

1.      Council at its Meeting held 3 July 2017 resolved:

 

a.      That Council endorse that the Draft Section 94A Contributions Plan 2017 – Amendment 1 be placed on public exhibition for 28 days in accordance with the relevant provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

 

b.      That the Draft Section 94A Contributions Plan 2017 – Amendment 1 be reported back to Council following the completion of the public exhibition period.

 

c.       That the Draft Section 94A Contributions Plan 2017 – Amendment 1 be reported back to Council following the completion of the public exhibition period.

 

2.      The changes to the Section 94A Plan included clarification on how the monetary contributions payable are to be indexed at their respective time of payment and administrative amendments including:

 

a.    Bringing the S94A Plan up to date with the latest S94E Direction from the Minister in regards to exclusions, such that particular developments are not being unnecessarily excluded;

 

b.    Clearly stating that development undertaken by Council that is funded by the S94A Plan and Council’s Section 94 Plan are exempt from the S94A Levy;

 

c.    Deletion of Works-In Kind Agreement (WIK Agreements) paragraphs, as WIK Agreements cannot be accepted in lieu of S94A Contributions under the EPA Act;

 

d.    Clearly stating when the S94A levy is payable when a particular development may involve both subdivision certificate and construction certificates;

 

e.    Additional provisions added to deferred and periodic payments in respect to the calculation of the required bank guarantees in respect of interest etc, so both Council and the proponent are clear on what is required;

 

 

 

f.     Amendments to wording on Voluntary Planning Agreements (VPA) to remove WIK Agreement references and specify that Accredited Certifiers cannot agree to, or enter into a VPA on Council’s behalf.

 

3.      No changes were proposed to the contribution rate percentage calculations on the value of development or the works program.

 

4.      The Draft Section 94A Contributions Plan 2017 – Amendment 1 was placed on public exhibition from 26 July 2017 until 25 August 2017. One submission was received in support of the amendment.

 

5.      This report recommends that Council approve Georges River Council Section 94A Development Contributions Plan (Amendment No. 1) and give public notice of its decision in accordance with the provisions of the Environmental Planning & Assessment Act and its Regulation.

 

Background

 

6.      Section 94A of the Environmental Planning and Assessment Act contains provisions that allow Councils and accredited certifiers to impose, as conditions of development consent or as a condition of a complying development certificate, a requirement that the applicant pay a levy of the percentage of the proposed cost of carrying out the development.

 

7.      At its Extraordinary Meeting of 13 December 2016 Council adopted the Georges River Section 94A Contribution Plan 2017 (S94A Plan) and resolved that the S94A Plan become effective from 1 February 2017.

 

8.      Since the S94A Plan has been in operation some administrative issues have arisen, especially in respect to the indexation of the monetary contribution payable by the developer at the respective time of payment. The S94A Plan required the monetary contribution payable to be indexed from the date of consent to the date of payment. However the Plan was silent on whether indexing would occur quarterly or annually. Other matters included:

 

a.      Bringing the S94A Plan up to date with the latest S94E Direction from the Minister in regards to exclusions, such that particular developments are not being unnecessarily excluded;

 

b.      Clearly stating that development under taken by Council that is funded by the S94A Plan and Council’s Section 94 Plan are exempt from the S94A Levy;

 

c.       Deletion of Works-In Kind Agreement (WIK Agreements) paragraphs, as WIK Agreements cannot be accepted in lieu of S94A Contributions under the EPA Act;

 

d.      Clearly stating when the S94A levy is payable when a particular development may involve both subdivision certificate and construction certificates;

 

e.      Additional provisions added to deferred and periodic payments in respect to the calculation of the required bank guarantees in respect of interest etc, so both Council and the proponent are clear on what is required;

 

 

 

 

f.       Amendments to wording on Voluntary Planning Agreements (VPA) to remove WIK Agreement references and specify that Accredited Certifiers cannot agree to, or enter into a VPA on Council’s behalf.

 

Draft Section 94A Contributions Plan 2017 – Amendment 1

 

9.      The changes to the Section 94A Plan are as follows:

 

a.      The indexation section of the S94A Plan has been reviewed and redrafted to clearly state how the monetary contributions payable are to be indexed at their respective time of payment.

 

b.      Other administrative components of the S94A Plan have also been reviewed and redrafted to make the plan more robust and effective in accordance with the latest S94E Directions and provisions of the Environmental Planning and Assessment Act 1979 (EPA Act) and Environmental Planning and Assessment Regulation 2000 (EPA Reg). Such amendments include:

 

i.   Bringing the S94A Plan up to date with the latest S94E Direction from the Minister in regards to exclusions, such that particular developments are not being unnecessarily excluded;

 

ii.  Clearly stating that development undertaken by Council that is funded by the S94A Plan and Council’s Section 94 Plan are exempt from the S94A Levy;

 

iii. Deletion of Works-In Kind Agreement (WIK Agreements) paragraphs, as WIK Agreements cannot be accepted in lieu of S94A Contributions under the EPA Act;

 

iv. Clearly stating when the S94A levy is payable when a particular development may involve both subdivision certificate and construction certificates;

 

v.  Additional provisions added to deferred and periodic payments in respect to the calculation of the required bank guarantees in respect of interest etc, so both Council and the proponent are clear on what is required;

 

vi. Amendments to wording on Voluntary Planning Agreements (VPA) to remove WIK Agreement references and specify that Accredited Certifiers cannot agree to, or enter into a VPA on Council’s behalf.

 

10.    No changes have been made to the contribution rate percentage calculations on the value of development or the works program.

 

Results of Exhibition of Draft Section 94A Contributions Plan 2017 – Amendment 1

 

11.    The Draft Section 94A Contributions Plan 2017 – Amendment 1 was placed on public exhibition from 26 July 2017 until 25 August 2017.

 

 

 

 

 

 

 

12.    One submission was received in support of the amendment. The submission states:

 

I support the continuation of Section 94a fees and contributions across the Georges River Council Area.

 

Information that some Seniors Housing providers that are exempt from the fee should be made explicitly clear in future information sessions and brochures about the development of the former Oatley Bowling Club site.

 

13.    No changes are required to the exhibited draft as a result of the submission received.

 

Next Steps

 

14.    If Council adopts this report and approves the amended Section 94A Development Contributions Plan, Council is required to give public notice of its decision in accordance with the provisions Clause 31 of the Environmental Planning & Assessment Regulation 2000.

 

15.    The updated Section 94A Development Contributions Plan will be placed on the Council’s website.

 

16.    A copy of the updated Georges River Council Section 94A Development Contributions Plan 2017 is attached in Attachment 1.

 

Further Amendments

 

17.    It should be noted that Council on 1 May 2017 resolved as follows:

 

a.      That Council resolve to prepare a new Section 94 Contributions Plan for the Georges River LGA incorporating the Hurstville Section 94 Development Contributions Plan 2012 and the separate Kogarah S94 Plans.

 

18.    A new Section 94 Contributions Plan for the Georges River Council incorporating the Hurstville Section 94 Development Contributions Plan 2012 and the four (4) separate Kogarah S94 Plans has been listed in the Workplan 2017/18 for the Council’s Strategic Team.

 

Financial Implications

 

19.    No budget impact for this report.

 

File Reference

16/1052

 

 

ATTACHMENTS

Attachment View1

Georges River Council S94A Development Contributions Plan to be adopted

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL186-17             Adoption of Georges River Council Section 94A Contributions Plan 2017

[Appendix 1]          Georges River Council S94A Development Contributions Plan to be adopted

 

 

Page 72

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 102

Item:                   CCL187-17        Non–conforming non-complying building products including External Wall Cladding 

Author:              Manager Building Assessment

Directorate:      Environment and Planning

Matter Type:     Environment and Planning

 

Recommendation

That the Council receive and note the contents of this report.

 

Executive Summary

 

1.      This report provides information on the fire performance of external walls and cladding and other non-conforming/non-complying building products (NCBP) used in the building industry. The report provides an understanding and awareness of the situation currently being faced by the construction industry stakeholders.

2.      A NSW government taskforce has been commissioned to audit all facets of the NCBP. On 27 July 2017 the Office of Local Government in conjunction with the Department of Finance Innovation and Services (DFIS) announced that the Taskforce (rather than Councils) will take the lead role in auditing potential buildings with NCBP’s.

3.      There is a current senate inquiry into NCBP’s and an interim report is to be prepared by the Senate Economics References Committee by 31 August 2017 and with the report to be finalised by 31 October 2017.

 

Background

 

4.      The recent events of London’s Grenfell Tower tragedy have seen a jolt on effect where the NSW government are now gearing up for a taskforce operation response to address at-risk buildings in NSW. The government taskforce which involves certain government arms and other stakeholders driven by the Department of Finance Innovation and Services (formerly the Department of Fair Trading) have announced a 10 point fire safety reform plan which aims to ensure the safety of NSW families in their homes. Minister for Better Regulation, Matt Kean provided a media release on Friday, 28 July 2017 in this respect. The 10 point plan as prescribed in the media release follows:

 

Fire safety Reform 10 Point Plan  

 

1.      A comprehensive building product safety scheme that would prevent the use of dangerous products on buildings;

 

2.      Identifying buildings that might have aluminium cladding or other cladding;

 

3.      Writing to the building/strata managers or owners of those buildings to encourage them to inspect the cladding and installation of cladding if it exists;

 

4.      NSW Fire and Rescue visiting all buildings on the list as part of a fire safety education program. This will allow them to gather information they need to prepare for a potential fire at that building and provide additional information to building owners;

 

 

5.      Creating a new fire safety declaration that will require high rise residential buildings to inform state and local governments as well as NSW Fire and Rescue if their building has cladding on it;

 

6.      Expediting reforms to toughen up the regulation of building certifiers;

 

7.      Reforms to create an industry based accreditation that will ensure only skilled and experienced people can do fire safety inspections;

 

8.      Establishing a whole of government taskforce that will coordinate and roll out the reforms;

 

9.      Instructing all government departments to audit their buildings and determine if they have aluminium cladding with an initial focus on social housing;

 

10.    Writing to local councils to follow up on correspondence they received from the state government after Melbourne’s Lacrosse Tower fire in 2016. 

 

Earlier Federal Parliament Senate Inquiry

 

5.      On 23 June 2015 the Senate referred the matter of non-conforming building products to the Economics References committee for inquiry and report. Extension of time was granted by the Senate to the committee on four (4) occasions and on the 11 October 2016 the senate agreed to the committee’s recommendation that this inquiry be re-adopted in the 45th Parliament. The committee was to report by 25 May 2017. On 30 March 2017, the Senate granted an extension to the committee to report by 31 August 2017 for the interim report on the illegal importation of products containing asbestos, and 31 October 2017 for the final report. The outcomes and recommendations will be reported to Councils for their consideration and any necessary action.

 

6.      The committee’s interim report into non-conforming building products main objectives relate to:

 

a)    The economic impact on the building industry; and

 

b)    The impact of NCBP on:

 

·      Industry supply chain ie. importers, manufacturers and fabricators; and

·      Workplace safety; and

·      Cost passed onto consumers; and

·      Quality of Australian buildings; and

 

c)    Improvements to current regulatory framework for ensuring building products conform to Australian Standards with reference to:

 

·      Enforcing existing regulations; and

·      Independent verification and assessment systems; and

·      Surveillance and screening of imported building products; and

·      Restrictions and penalties imposed on non-conforming building products; and

 

d)    Any other related matters

 

 

7.      The Australian Building Codes Board (ABCB) illustrates the distinction between non-conforming and non-compliant building products as follows:

 

A building product that is labelled or described as being non-combustible but which is combustible is a non-conforming product. A building product that is combustible and described as such but is used in a situation where a non-combustible product is required under the NCC (BCA) is not fit for purpose and therefore it is a non-complying product. 

 

8.      A product that is non-conforming and/or non-complying can pose serious risks to the integrity of a building and the safety and welfare of those on the construction site and occupants of completed buildings. The Building Ministers’ Forum states:

 

The issue of non-conforming building products (NCBP) whether domestically manufactured or imported is an important and complex issue. It can have life safety, health, economic, legal and social consequences.

 

9.      The issue of non-conforming building products affects a range of sectors including construction, manufacturing, imports, retail and the regulatory authorities.

 

Advisory Note: Fire Performance of External Walls and Cladding

 

10.    On the 19 February 2016 the building ministers’ forum agreed to the development and implementation of measures to help reduce risk associated with high risk cladding on high rise buildings. This included a national advisory note by the ABCB on how the BCA NCC should be interpreted to assist in future decisions on product selection, installation and certification.

 

11.    For guidance, attached to this report is the Australian Building Codes Board advisory note 2016–3 titled “Fire Performance of External Walls and Cladding” dated September 2016 which provides guidance and interpretation into product selection, installation and certification under the NCC. 

 

Lacrosse Apartment Building Fire Melbourne

 

12.    On 25 November 2014 a fire occurred at the Lacrosse apartment building in Docklands, Melbourne. The fire started on an eighth floor balcony and affected two floors below and extended upwards to all floors in the building up to the roof, engulfing 16 levels in 15 minutes. The metropolitan fire brigade found that the use of aluminium cladding was a contributing factor to the rapid vertical spread of the fire. The CSIRO conducted tests on the cladding and found it to be combustible and non-compliant with BCA NCC standards for use in buildings of three or more storeys.

 

13.    The Victorian Building Authority (VBA) launched an external wall cladding audit in Melbourne following the Lacrosse fire and found that ‘non-compliance in the use of external wall cladding materials is unacceptably high’.    

 

14.    It was also raised by the Victorian government that current certificates of conformity (within BCA) are not always explicit in respect of the range of use or circumstances in which a product may be relied upon to be fit for purpose. As part of the actions to be taken by ABCB, “Code Mark” certificates of conformity will be made clearer as to what particular products can be used as part of a package of improvements to the voluntary building product certification scheme.

 

 

15.    Submissions raised concerning the use of non-compliant use of building products highlighted the Lacrosse building fire as an example of the dangers associated with product non-compliance. The Director Fire Safety - Metropolitan Fire Brigade described the incident as one that alone could have claimed hundreds of lives if things had turned out a little differently. Following the Lacrosse building and Grenfell Tower fires, the Victorian Government audited Victorian buildings and all 220 buildings have been declared safe to occupy despite many of these not complying with regulations. In July 2017 the Victorian Government announced a further special taskforce to continue the auditing of Victorian buildings with particular attention to those identified to potentially have non-complaint cladding. The special taskforce consists of government agencies including Worksafe Victoria, the Metropolitan Fire Brigade, the Victorian Building Authority, the Municipal Association of Victoria and Emergency Management Victoria.   

 

Georges River Council (GRC)

 

16.    Georges River Council represented one of twenty NSW Councils in an urgent meeting formed by the DFSI and the Office of Local Government NSW on 26 July 2017. The meeting was attended by 20 Councils that have been identified through a major supplier of NCBP’s, to have buildings within their LGA potentially containing these products.

 

17.    The meeting was convened to discuss the future methods for addressing the NCBP concerns and Council’s intervention in the matter. Following the meeting the 20 Councils were asked whether they would like to take control in liaising with the identified building owners’ or have the matter dealt with by the NSW government appointed taskforce. The decision has now been made to have the taskforce carry out the audit of these buildings and liaise with building owners. The Councils endorsed this decision due to concerns over the scope of the non-compliances that exist in our communities. The Councils’ main concerns relate to unmeasurable factors, these being:

 

·    The NSW Government has identified 750 properties statewide as having NCBP’s. This list has been compiled based on a major supplier’s distribution of the products since 2011. Concerns are raised in that this is one supplier only and NCBP’s have been identified potentially well before this time.

 

·    The extent of the NCBP’s. The current focus is upon external wall cladding materials similar to the materials found in the Grenfell and Lacrosse Tower buildings. There is potentially a greater magnitude of NCBP’s that have been installed throughout buildings of all types of construction.

 

·    In the event that Council is engaged to rectify these issues, there is potential for enforcement and large number of litigation cases when building owners are reluctant to carry out the works or simply cannot afford to. The matter is then costly to Council with the added responsibility of bearing risks of responsibility in the safety of persons in these buildings or making them homeless if forced to evacuate under Council Orders.

 

 

 

 

 

 

 

 

 

 

18.    At this point in time, Georges River Council intends to provide an advisory role and implement educational awareness through website information and within Annual Fire Safety Statement reminder letters. It is intended to provide information upon the reminder letters and this to be implemented immediately with all buildings owners being notified within the next twelve months. There are currently 1445 properties on Council’s Fire Safety Register. These buildings would encompass the vast majority of any potential properties containing NCBP’s. The Georges River Council website has been updated to reflect the need for building owners to be vigilant and will provide appropriate links to the necessary information for assistance.

 

19.    Georges River Council will continue to liaise with the DFIS and the Office of Local Government with a keen focus on the outcomes and recommendations of the NSW Government’s special taskforce auditing NSW buildings and the findings of the Federal Senate Inquiry into non-conforming building products. Following the findings and recommendations, Georges River Council will implement the necessary actions so as address industry concerns and promote the safety of persons throughout the local government area.

 

Financial Implications

 

1.      Within budget allocation.

 

File Reference

AF 17/1997. 17/396 and D17/133758

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                   Page 107

Item:                   CCL188-17        Summary of Development Applications lodged and determined  

Author:              Manager Development and Building

Directorate:      Office of Environment and Planning

Matter Type:     Environment and Planning

 

Recommendation

That the information on development applications lodged and determined for May 2017 - July 2017 be received and noted.

Executive Summary

 

1.      A snap-shot of Georges River Council’s development applications over the past seven (7) months is contained within this report. 

 

2.      The information includes details on numbers received and determined, a breakdown of application types, mean and median time-frames, the estimated value of applications determined and the number of applications that have been with Council and under determination for more than 40 days. This information will be prepared monthly and enable review of trends in assessment timeframes.

This report also provides information on process improvements and new initiatives being undertaken by the Environment and Planning Directorate to reduce the number of outstanding applications.

 

Report

 

3.       Georges River Council was proclaimed on 12 May 2016, combining the former Hurstville and Kogarah City Councils. The development application determination numbers and time-frames for the past seven (7) months are set out below.

 

Month

Applications Received

Applications Determined

Outstanding Applications

Apps – with Council over 40 days <= 100 days

Apps – with Council over 100 days

Jan

48

42

341

142

153

Feb

71

64

348

103

146

Mar

109

88

369

84

174

Apr

67

35

371

118

153

May

86

96

348

107

130

June

102

78

372

106

145

July

114

104

366

118

124

4.       The reporting for the applications was refined and improved at the end of May, resulting in a more accurate reflection of applications and time-frames.

 

5.      To note - Outstanding Applications relates to applications that:

·        have just been lodged with Council

·                are under neighbour notification

·                are under assessment

·                are awaiting determination via the relevant planning pathway.

 

6.      These figures are based on the gross turn-around times and include development applications, s96 modification applications, and s82A review of determinations (included in the DA figures). The gross determination figure has been used to ensure any anomalies in the data sets from the two previous Councils are assimilated.

 

7.      Attachment 1 provides a detailed breakdown of each development type, the value of work for each type, the numbers received and determined, and the mean determining times for each category.

 

8.      A summary of the key elements are:

 

·        The major category of developments determined for the last quarter was “Residential new second occupancy” and “Residential – Single new dwelling”, most of these are knock-down and replacement dwellings.

 

·        July has seen the most applications lodged with Council in a single month, being 114; and the most determined in one month being 104.

 

·        Council staff are continuously focussing on improved ways to reduce the number of outstanding applications, with an emphasis on speeding up internal referrals and identifying issues earlier in the assessment process. This is in line with the Department’s Best Practice Guidelines; and

 

·        Improvements to facilitate further efficiencies in the administrative side of the process are being investigated.

 

9.      Council staff have also initiated Phase 2 of the Clearance Program, aimed at a more targeted approach in reducing the older outstanding Development Applications. This commenced on 5 June and will conclude on 31 August.   The total program has determined over 225 applications since its inception.

 

10.    The financial year just gone (16/17) saw more applications lodged within the Georges River LGA – a total of 981 as compared to the previous year with 932. The total construction cost determined for the financial year was $746,004,161.

 

Financial Implications

 

11.    Within budget allocation.

 

ATTACHMENTS

Attachment View1

Georges River Council - DA Reporting - May 2017 - July 2017

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL188-17             Summary of Development Applications lodged and determined

[Appendix 1]          Georges River Council - DA Reporting - May 2017 - July 2017

 

 

Page 109

 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 110

Item:                   CCL189-17        Status Report - Companion Animal Management 

Author:              Manager Environmental Health & Regulatory Services

Directorate:      Environment and Planning

Matter Type:     Environment and Planning

 Recommendation

(a)     That Council not proceed with the following recommendations contained within Minute No. 114, Item CCL062-16 Future Management of Companion animals seized and impounded with Georges River Council LGA:

(d)     That Council construct a holding facility at Council’s Carlton Depot for the temporary detainment of companion animals, and

(f)      That quotes be obtained for an external veterinary practitioner, as a means of providing a pre-impounding assessment service for cats seized within the Georges River area.

(b)     That Council delegate the General Manager to finalise and execute the long term agreement with Sutherland Shire Council for the use of the Sutherland Shire Animal Shelter as an animal impounding/rehoming facility.

 

Executive Summary

 

1.      A review of Council’s previous resolutions in relation to Item CCL062-16 “Future Management of Companion Animals seized and impounded within Georges River Council LGA” dated 5 September 2016, has occurred and as a result of further service harmonisation and analysis of current information, it is recommended that a number of amendments be made.

 

2.      The proposed separation of companion animals into two processing streams (cats and dogs) based on current return rates of impounded cats is found not to be practically and financially viable. Therefore, it is recommended that previous recommendation (f) the engagement of an external veterinary contractor as an initial screen for cats, both not proceed.

 

3.      With the harmonisation of Council’s depot function resulting in the centralisation of all depot activities to the Mortdale depot, there is insufficient area at the Mortdale depot to construct a short term animal holding facility which was (under the previous resolution) to be provided at the Carlton depot. The cost-benefit of finding suitable sites for this use, either as a standalone facility or co-located with another Council facility is not considered practically or financially viable. Therefore, it is recommended not to proceed with the short term holding facility as detailed in previous recommendation (d).

 

4.      As a result of these changes, additional cats and dogs to those originally proposed will need be taken to the Sutherland Shire Animal Shelter. A draft service agreement has been progressed; however a redesign of the required facility (due to additional animal numbers) with updated costs is currently being prepared by Sutherland Shire Council staff. While the final costs are not currently available, the savings associated with not proceeding with previous recommendations (d) and (f) will be reallocated to the anticipated additional construction and operation costs of the Sutherland Shire Animal Shelter. The September 2016 report estimated the total set-up costs for future animal management to be approximately $454,500 and it is anticipated that this amount should not increase, more a reallocation of funds within individual line items.

 

5.      As the finalisation of the service level agreement with Sutherland Shire Council for the use of the Sutherland Shire Animal Shelter as an animal impounding/rehoming facility is now of an operational nature, it is further recommended that delegation be granted to the General Manager to finalise and execute the agreement.

 

Background

 

6.      Council at its Meeting on 5 September 2016 considered a report on “Future Management of Companion Animals seized and impounded within Georges River Council LGA” and resolved:

 

(a)     That the creation of a new Companion Animal Policy be endorsed.

 

(b)     That the Sydney Dogs and Cats Home (SDCH) continue to be utilised as an animal impounding/rehoming facility, until such time as the Home ceases trading or upon the establishment of a replacement facility, whichever occurs first.

 

(c)     That ongoing support be provided to the SDCH in their efforts to relocate to a suitable site that will enable that organisation to continue its exemplary service to the community.

 

(d)     That Council construct a holding facility at Council’s Carlton Depot for the temporary detainment of companion animals.

 

(e)     That Council commence negotiations to enter into a long term agreement with Sutherland Shire Council (SSC) for the use of the Sutherland Shire Animal Shelter as an animal impounding/rehoming facility.

 

(f)      That quotes be obtained for an external veterinary practitioner, as a means of providing a pre-impounding assessment service for cats seized within the Georges River area.

 

7.      The purpose of this report is to provide Council with an update on the progress of implementing the above recommendations as detailed below:

 

Companion Animal Policy

 

8.      The original premise behind this Policy as outlined in the September 2016 report to Councils was:

 

“The separation of companion animals into two processing streams (cats and dogs) …... These proposed actions are designed to increase the rates of animals returned to their owners without the need for the animal to be formally impounded whilst also enabling Council to maximise rehoming rates for all other animals delivered to the animal impounding/rehoming facility.

 

9.      This approach was also associated with recommendation (f) the engagement of an external veterinary practitioner to provide a pre-impounding assessment service for cats seized within the Georges River area. It was proposed in the September 2016 report that:

‘Identified cats will be held at the veterinary surgery for a maximum of 24-48 hours to enable Council to locate and contact the owner of the animal. Once this has been undertaken the animal will be reunited with its owner.”

 

10.    While this approach has merit, a review of last financial years impounding statistics showed that of the 573 cats impounded only 51 or 9% were returned to their owner. Therefore the introduction of an external veterinary contractor at an anticipated cost of $34,500, would not add sufficient value to the process as the majority of cats would ultimately end up in Council’s impounding facility.

 

11.    Under the proposed model, Council also required an external veterinary contractor to work out of the Sutherland Shire Animal Shelter to assess all dogs impounded at an anticipated cost of $17,000. Having two contracted veterinarians operating under the two streams is seen as an unnecessary duplication of contracts and for cost saving reasons should be combined into one contract with all animals being assessed at one location. Further, it is anticipated that with three Council’s operating out of the Sutherland Shire Animal Shelter (Sutherland, Sydney and Georges River) a joint veterinary tender for all three Councils would achieve significant cost savings due to the financial benefit brought about by the economy of scale provided.

 

12.    Therefore, while Council will continue with the development of a new Companion Animal Policy (the Policy) as required by previous recommendation (a), the Policy (for the reasons outlined above) will not include the proposed separation of companion animals into two processing streams. The Policy will be developed to encourage and reinforce the responsible management of companion animals for the benefit of the community through education and information, which is consistent with Councils responsibilities under the Companion Animals Act.

 

13.    However, it is recommended that the engagement of an external veterinary contractor as a separate initial screen for cats as per previous recommendation (f) not proceed.

 

Sydney Dogs and Cats Home (SDCH)

 

14.    The September 2016 report proposed a way forward to accommodate impounded animals due to the pending closure of the current impounding facility operated by SDCH. The current site operated by SDCH is anticipated to be redeveloped in the coming years and Council is not aware that SDCH have as yet found a an alternate site

 

15.    As an interim arrangement, a draft Memorandum of Understanding has progressed with Sydney Dogs and Cats Home and is with Council’s legal team for final review. Council will continue to engage SDCH’s impounding facility under the terms of the MOU until such time as agreement is reached with Sutherland Shire Council for the use of the Sutherland Shire Animal Shelter impounding/rehoming facility.

 

Carlton Depot - Temporary Holding Facility for Companion Animals

 

16.    The September 2016 report proposed the construction of a short term (24-48 hour) holding facility for impounded dogs at the Carlton Depot with an associated construction cost of $20,000 and operational cost of $3,000. While this facility could offer convenience for impounded dog owners, any dog not collected within this time would ultimately be transferred to Council’s impounding facility. However, Council has since completed the harmonisation and centralisation of Councils depot works to the Mortdale depot where there is insufficient space for the construction of the short term holding facility. Investigations into the operational efficiencies and financial viability of Council running this service found that the cost to Council outweighed the benefits provided to the community in managing the impounded animals. Therefore it is recommended not to proceed with the short term holding facility as detailed in previous recommendation (d).

 

Sutherland Shire Animal Shelter – Impounding/rehoming Facility

 

17.    Council staff are continuing to work with Sutherland Shire Council staff to advance a long term agreement to use the Sutherland Shire Animal Shelter as an animal impounding/rehoming facility. A draft service agreement has been progressed, however with the realisation that the previous approach of separating companion animals into two processing streams was not achievable, a redesign of the required facility (due to additional animal numbers) with updated costs is currently being prepared by Sutherland Shire Council staff. While the final costs are not currently available, the savings associated with not proceeding with previous recommendations (a), (d) and (f) will be reallocated to the anticipated additional construction and operation costs of the Sutherland Shire Animal Shelter. The September 2016 report estimated the total set-up costs to be approximately $454,500 and it is anticipated that this amount should not increase, more a reallocation of funds within individual line items.

 

18.    As detailed in the September 2016 report funding for the additional facilities at the Sutherland Shire Animal Shelter to be used as an animal impounding/rehoming facility for companion animals impounded within the Georges River Council LGA is to be funded via S94A contributions. The works schedule in the Georges River Council Section 94A Contributions Plan 2017 contains a line item for the “Provision of services relating to the management of Companion Animals Act” with $450,000 allocated for this purpose.

 

19.    As the finalisation of the service level agreement with Sutherland Shire Council for the use of the Sutherland Shire Animal Shelter as an animal impounding/rehoming facility is now of an operational nature, it is further recommended that delegation be granted to the General Manager to finalise and execute the agreement.

 

Next Steps

 

20.    Therefore to progress the implementation of the future management of Companion Animal seized and impounded the following next steps are to occur:

 

·        Finalise the temporary agreement (MOU) with SDCH in order to provide an impounding facility for companion animals whilst Council finalises an agreement with Sutherland Council to use the Sutherland Shire Animal Shelter as an animal impounding/rehoming

 

·        Finalise the long term agreement to use the Sutherland Shire Animal Shelter as an animal impounding/rehoming facility in relation to the variation in size, construction and operational requirements as a result of the increased number of animals to be impounded

 

·        Delegate the General Manager to finalise and execute the long term agreement to use the Sutherland Shire Animal Shelter as an animal impounding/rehoming facility

 

Financial Implications

 

21.    Within budget allocation.

 

File Reference

17/396 and D17/135454

   


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 114

7.      Finance and Governance

 

Item:                   CCL190-17        Investment Report as at 31 July 2017 

Author:              Team Leader Financial Reporting

Directorate:      Office of the Chief Operating Officer

Matter Type:     Finance and Governance

 

Recommendation

That the Investment Report as at 31 July 2017 be received and noted pending finalisation of 30 June 2017 financial year-end processing.

 

Executive Summary

 

1.      This report details Council’s performance of its investment portfolio for July 2017.  The report includes the estimated market valuation of Council’s investment portfolio, loan liabilities, and an update on Council’s legal action against various parties pending finalisation of 30 June 2017 financial year-end processing.

 

2.      Council’s annualised rate of return is 3.49%, which is 1.61% above benchmark. Income from interest on investments and proceeds from sales of investments totals $397,416 at the end of July and is $18,456 above year to date adopted budget.

 

Background

 

3.      Council’s Responsible Accounting Officer, is required to report monthly on Council’s Investment Portfolio and certify that the Investments are held in accordance with Council’s Investment Policy and Section 625 of the Local Government Act.

 

Investment Performance Commentary

 

4.      Council’s performance against the benchmark for returns of its investment portfolio for July 2017, are as follows:

 

 

1 Month

3 Month

12 Month

Portfolio Performance

0.33%

0.75%

3.49%

Performance Index

0.15%

0.44%

1.88%

Excess

0.18%

0.31%

1.61%

                         

Notes                                                                

1          Portfolio performance is the rate of return of the portfolio over the specified period.

2          The Performance Index is the rate of return of the market (comparable securities) over the specified period          .                                    

3          Excess performance is the rate of return of the portfolio in excess of the Performance Index.

 

 

 

5.      Council’s investment portfolio as at 31 July was as follows:

 

Security Type

Market Value $000's

% Total
Value

Cash at Bank

7,328

4.31%

11am Cash

9,295

5.47%

31 Day Notice Account

22

0.01%

Covered Floating Bond

1,016

0.60%

Floating Rate Deposit

3,012

1.77%

Floating Rate Note

63,279

37.22%

Floating Rate TCD

5,543

3.26%

Term Deposit

74,554

43.86%

Managed Funds Trust

5,948

3.50%

Total Cash and Investments

169,997

100.00%

 

 

 

Investment Properties

15,100

 

Portfolio Total

185,097

 

 

6.      At 31 July 2017 Total Cash and Investments were $169.997 million and have decreased by $7.6 million. This decrease is as a result of monthly operational expenditure and significant creditor payments for the 2016/17 financial year end.

 

7.      The investment property valuations listed above have been undertaken in accordance with the revaluation process to ‘fair value’ by an independent value, in compliance with the Australian Accounting Standards.

 

8.      Council continues to utilise the Federal Government’s current guarantee   ($250,000) investing in Term Deposits with a range of Authorised Deposit Taking Institutions (ADI’s) on short to medium term investments (generally 30 days to 180 days maturity) where more competitive rates are available.

 

Legal Issues

 

9.      Nil.

 

Loan Liability

 

10.    Council’s loan liability as at 31 July was $2.625 million which represents the balance of the $5 million, ten (10) year loan drawn down on 16 November 2012 for Jubilee Park upgrade in Mortdale. Next repayment of $125,000 is due 28 September 2017. The outstanding balance on this facility is at a variable interest of 194 basis points over 3 month BBSW. At the current 3 month BBSW rate, the interest rate payable is 3.64% pa.

 

 

 

 

11.    Council receives a 4.00% pa subsidy under the NSW Government’s Local Infrastructure Renewal Scheme funding agreement for this Jubilee Park upgrade facility. It is intended to continue this financially-advantageous arrangement through to full term in 2022.

 

12.    The following graph shows the limits, as a percentage of total cash investments, of the amount by periods, as allowed under Council’s policy, and comparing them to the amounts actually invested, as a percentage of the total cash investments.

 

13.    It shows that the funds invested are within the limits set in the Investment Policy for A and AA rated investments. However investments in the BBB & Unrated category have exceeded the permitted limit under the Council’s investment policy by 6% as at 31 July 2017. This is as a result of the unforeseeable downgrade on 22 May 2017 of Bank of Queensland and Bendigo & Adelaide Bank from A- to BBB+ by the ratings agency Standard and Poor’s. However, according to Fitch both Bank of Queensland and Bendigo & Adelaide Bank are A- and according to Moodys, both Bank of Queensland and Bendigo & Adelaide Bank are A3.

 

14.   Council has $5 million BBB & Unrated category maturities in August 2017 and is working with the investment advisors (CPG) to ensure that all Investment Policy limits are met as soon as possible.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Investment Income

 

15.    Income from interest on investments and proceeds from sales of investments totals $397,416 at 31 July and is $18,456 above year to date adopted budget.

 

Certificate by Chief Financial Officer (Responsible Accounting Officer): Rob Owens

 

16.    Investments have been made in accordance with the Local Government Act, Minister’s Guidelines, Regulations and Council’s Investment Policy. The Report is preliminary pending finalisation of 30 June 2017 financial year-end processing.

 

 

Analysis of Investments

Investment Duration

 

Investment Term

Market Value

% Total Value

Policy Limits %

0 to < Year

56,259

33.09%

100

1 to < 3 Years

50,300

29.59%

70

3 to < 5 Years

63,438

37.32%

50

> 5 Years

-

 

25

Portfolio Total

169,997

100.00%

 

 

17.    Council’s portfolio is very liquid, with 33.09% of assets maturing within 12 months. FRNs, funds and fixed bonds also provide additional liquidity in an emergency.


 

18.    The following graphs show analysis of the total cash investment by:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Type of Investments

 

 

 

 

 

 

 

 

 

 

 

 

 

19.    Council’s investment portfolio is mainly directed to term deposits, which account for approximately 45% of total investments. Yields have steadily contracted, while tracking bond market volatility in the short term.

 

20.    Bank Floating Rate Notes (FRN) offer liquidity and a higher rate of income accrual, which is highly recommended by our Investment Advisors (CPG Research & Advisory) going forward.

 

21.    The following are the types of investments held by Council:

 

a)      At Call refers to funds held at a financial institution, and can be recalled by Council either same day or on an overnight basis.

 

b)      A Floating Rate Note (FRN) is a debt security issued by a company with a variable interest rate. This can either be issued as Certificates of Deposit (CD) or as Medium Term Notes (MTN). The interest rate can be either fixed or floating, where the adjustments to the interest rate are usually made quarterly and are tied to a certain money market index such as the Bank Bill Swap Rate.

 

c)      A Fixed Rate Bond is a debt security issued by a company with a fixed interest rate over the term of the bond.

 

d)      A managed fund is a professionally managed investment portfolio that individual investors can buy into, purchasing 'units' rather than shares. Each managed fund has a specific investment objective. This is usually based around the different asset classes (cash, fixed interest, property and shares). The money you invest is used to buy assets in line with this investment objective. When you invest in a managed fund, you are allocated a number of 'units'. The value of your units is calculated on a daily basis and changes as the market value of the assets in the fund rises and falls.

         

* These managed funds have been grandfathered since the NSW State Government changed the list of Approved Investments as a result of the Cole enquiry (which was reflected in the Ministerial Order dated 31/7/2008).

 

Credit Rating

 

22.    Credit ratings are generally a statement as to an institution’s credit quality. Ratings ranging from A1+ to NR (Short Term) & AAA to BBB- (long term) are considered investment grade.

 

23.    A general guide as to the meaning of each credit rating that Council deals with is as follows:

 

Short-term

A1+: the best quality companies, reliable and stable. An obligor has extremely strong capacity to meet its financial commitments.

A1:    Adequate capacity to meet financial commitments, many positive investment attributes but also elements susceptible to adverse effects of changes in economic conditions.

A2:    Adequate capacity to meet financial commitments, but also speculative s or lack of protection against changes of economic conditions.

B1:    Moderate characteristic capacity to meet financial commitments, also in good economic conditions.

Unrated:   This category includes unrated Authorised Deposit-Taking Institutions (ADI’s) such as some Credit Unions and Building Societies to the extent not Commonwealth-guaranteed. No rating has been requested, or there is insufficient information on which to base a rating.         

Long-term

AAA: the best quality companies, reliable and stable. An obligor has extremely strong capacity to meet its financial commitments.

AA:   quality companies, a bit higher risk than AAA. An obligor has very strong capacity to meet its financial commitments. It differs from the highest-rated obligors only to a small degree.

A:      economic situation can affect finance. An obligor has strong capacity to meet its financial commitments but is somewhat more susceptible to the adverse effects of changes in circumstances and economic conditions than obligors in higher-rated categories.

BBB: medium class companies, which are satisfactory at the moment. An obligor has adequate capacity to meet its financial commitments. However, adverse economic conditions or changing circumstances are more likely to lead to a weakened capacity of the obligor to meet its financial commitments.

Unrated:  This category includes unrated Authorised Deposit-Taking Institutions (ADI’s) such as some Credit Unions and Building Societies to the extent not Commonwealth-guaranteed. No rating has been requested, or there is insufficient information on which to base a rating.

 

24.    The credit quality of Council’s portfolio is relatively high with approximately 44% of assets rated ‘A’ or higher. The ‘AAA’ assets represent the deposit investments covered by the Federal Government’s Financial Claims Scheme (FCS).

 

25.    The remaining 46% rated ‘BBB’ or ‘unrated’ reflects the attractive deposit and Floating Rate Notes (FRN) investments with the regional and unrated ADIs.

 

 

Council’s Investment Powers

 

26.    Council’s investment powers are regulated by Section 625 of the Local Government Act, which states:

 

•        A council may invest money that is not, for the time being, required by the council for any other purpose.

 

•        Money may be invested only in a form of investment notified by order of the Minister published in the Gazette.

 

•        An order of the Minister notifying a form of investment for the purposes of this section must not be made without the approval of the Treasurer.

 

•        The acquisition, in accordance with section 358, of a controlling interest in a corporation or an entity within the meaning of that section is not an investment for the purposes of this section.

 

27.    Council’s investment policy and strategy requires that all investments are to be made in accordance with;

 

•        Local Government Act 1993 - Section 625

 

•        Local Government Act 1993 - Order (of the Minister) dated 12 January 2011

 

•        The Trustee Amendment (Discretionary Investments) Act 1997 – Sections 14A (2), 14C (1) & (2)

 

•        Local Government (Financial Management) Regulation 1993

 

•        Investment Guidelines issued by the Department of Local Government

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Property Income

 

The table below shows a breakdown of Council’s property portfolio indicating the value of rents received.

 

Commercial Property

 

Sporting Facilities

 

 

 

 

 

 

 

Car Parking

 

Note – value of land not included in valuations shown above.

 

 

File Reference

D17/133279

 

 

ATTACHMENTS

Attachment View1

Investment Portfolio as at 31 July 2017

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL190-17             Investment Report as at 31 July 2017

[Appendix 1]          Investment Portfolio as at 31 July 2017

 

 

Page 124

 


 


 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                   Page 130

Item:                   CCL191-17        2016 - 2017 Budget Expenditure Carry Over Requests 

Author:              Coordinator Financial Management

Directorate:      Office of Chief Operating Officer

Matter Type:     Finance and Governance

 Recommendation

That the requests for unspent budget amounts from the 2016/17 financial year, as detailed in Attachment 1 to this report, be approved for carry over to the 2017/18 financial year to enable the completion of those projects.

 

Executive Summary

 

1.      The Local Government (General) Regulation 2005, sub-Clause 211(3) states that all approvals of expenditure and votes lapse at the end of the financial year, except for works, services, goods and materials or facilities already started or contracted to be carried out or to be provided before the end of the year concerned.  The total amount requested to be carried-over to 2017/18 is $19,708,631.

 

Background

 

2.      The Local Government (General) Regulation 2005, sub-Clause 211(3) states that all approvals of expenditure and votes lapse at the end of the financial year, except for works, services, goods and materials or facilities already started or contracted to be carried out or to be provided before the end of the year concerned. 

 

3.      Attachment 1 to this report lists votes approved for the 2016/17 financial year that have not been finalised and therefore are required to be carried-over in the current financial year (2017/18).

 

4.      The total amount requested to be carried-over from 2016/17 is $19,708,631. 

The nominated expenditure carry-over projects are funded from the following sources:

 

Section 94                                                    $   1,266,094

Grants                                                           $   1,003,598

Reserves/Restricted                                   $ 14,947,498

Operational (Committed Projects)            $   2,491,441

                                                                                      $ 19,708,631

 

Operational Plan Budget

 

5.      Within budget allocation.

ATTACHMENTS

Attachment View1

Schedule of Carryover Budgets 2016-2017

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL191-17             2016 - 2017 Budget Expenditure Carry Over Requests

[Appendix 1]          Schedule of Carryover Budgets 2016-2017

 

 

Page 131

 


 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 133

Item:                   CCL192-17        Annual Financial Statements 2016-17 Present for Audit 

Author:              Chief Financial Officer

Directorate:      Office of the Chief Operating Officer

Matter Type:     Finance and Governance

 

Recommendation

 

(a)     That in accordance with Section 413 (2) (c) of the Local Government Act (NSW) 1993, Council authorises the Administrator, General Manager and Responsible Accounting Officer to sign the 2016-17 Statutory Accounts relating to Georges River Council.

 

(b)     That the Annual Financial Statements for the period ended 30 June 2017 be referred to the Council’s Auditor, Pitcher Partners, for audit in accordance with sections 415, 416 and 417 of the Local Government Act (NSW) 1993.

 

(c)     That Council delegate to the General Manager the authority to "finalise the date" at which the auditor’s report and financial statements are to be presented to the public as per Section 418 (1) of the Local Government Act (NSW) 1993.

 

(d)     That Council delegate to the General Manager the authority to "authorise the year end accounts for issue immediately upon receipt of the auditor’s report" subject to there being no material audit changes or audit issues, in accordance with AASB 110.

 

(e)     That arrangements are made to place copies of the audited financial reports on public exhibition and the necessary notice be published on Council’s web site and in the St George and Sutherland Shire Leader.

 

(f)      That upon receipt of the audit report, a copy of the audited financial reports be forwarded to the Office of Local Government.

 

(g)     That the audited financial reports be presented at a Meeting of Council to be held in October 2017 in accordance with Section 418 of the Local Government Act (NSW) 1993.

 

Executive Summary

 

1.      The Local Government Act requires a Statement by Administrator and Management to be provided prior to the completion of the external audit.  This report seeks Council's approval to sign the statement and submit the accounts to Council’s external auditors Pitcher Partners, who have been engaged by the Audit Office to conduct the audit of Georges River Council’s for the period from 13 May 2016 to 30 June 2017.

 

Background

 

2.      The 2016-2017 budget for Georges River Council was peculiar, in that due to the merger, it reflected all expenditure from 13 May 2016 to 30 June 2017 – a period of 13½ months.

However, in accordance with Australian Accounting Standards, the Council was only able to recognise 12 months of rates – from 1 July 2016 to 30 June 2017.

3.      As a consequence, Council’s projected financial position is not able to be accurately compared with either the 2015-2016 financial year, nor with the results of the 2016-2017 year.

 

4.      Notwithstanding this unique position, the Council is projected to end the 2016-2017 financial year in a strong position, despite continuing significant historical subsidies and with the implementation of a series of merger reforms, listed below:

 

·   Establishment of the Implementation Advisory Committee and other Advisory Committees with paid members

·   Redundancy of senior staff

·   Recruitment costs for new managerial/executive staff

·   Increased community grants and donations program

·   Increased capital works program to supplement grant funded projects

·   Project Fusion – (relocation of staff and refurbishment of Civic Centre)

·   Establishment of the Independent Hearing and Assessment Panel

·   Resumption of direct management of UOW Jubilee Oval (including creation of an asset maintenance and renewal budget)

·   Expansion of the Hurstville pensioner rate rebate to Kogarah pensioners

·   Expansion of the graffiti removal program across the LGA

·   Creation of an Internal Auditor position

·   Establishment of the external Audit and Risk Improvement Committee

·   Increased legal prosecutions for unauthorised development and tree removals

·   Introduction of community consultation and preparation of new technical/ environmental reports for the former Oatley Bowling Club planning proposal

·   Increased cost of LGNSW membership

·   Increased workers compensation and insurance premiums

·   Significant operational and rental subsidies such as the Kogarah War Memorial Pool (Dick Caine), Blakehurst Bowling Club, Beverly Park Golf Course, 3 Bridges community centre at Penshurst.

 

5.      Significant projects which have commenced during the 2016 - 2017 year which utilised the merger funds, included:

 

·   Creation of a new Council website

·   New corporate Information Technology Systems introduced to enable faster processing and improved customer service

·   Streamlined telephony system allowing integrated communications internally and externally

·   Relocation of Kogarah Customer Service Centre which has  resulted in expanded library hours and services creating a one-stop shop for customers

·   Dedicated focus on economic and business development to support local employment and customer access

·   Service delivery reviews to create efficient and effective services for our community

·   New Library Management System to offer increased variety of services to library customers

·   Resurfacing of Hurstville Oval velodrome

·   Refurbishment of Sans Souci Olympic Pool

 

·   Upgrade to Kogarah War Memorial Pool

·   Oatley Park disabled access path; and

·   Carss Park Heritage Cottage shade sail installation.

 

6.      In review, the first full financial (merger) year of Council has established a strong foundation for the 2017-2018 year.

 

7.      Despite introducing a wealth of new initiatives with significant budgetary impacts, the Council has performed well in terms of finding the necessary savings and generating additional income to cover those costs.  No loans or borrowings were necessary during the year.

 

8.      Whilst it is impossible to compare the 2016-2017 financial year with the proposed budget for 2017-2018, the Georges River community can rest assured that the Council will continue to perform strongly under its existing rating structures and with a prudent approach to fees and charges.

 

9.      The Local Government Act 1993 (“the Act”) relating to the preparation of Council’s annual financial reports requires that:

 

(a)     Section 413 – A Council must prepare financial reports for each year, and must refer them for audit as soon as practicable after the end of that year.  Clause 215 of the Local Government (General) Regulation 2005, requires that the Statement under Section 413 (2) (c) on the annual financial report must be made by resolution of the Council and signed by the Administrator, General Manager and Responsible Accounting Officer. 

 

(b)     Section 416 – A Council's financial reports for a year must be prepared and audited within 4 months after the end of the year concerned, that is 31 October 2017.

 

(c)     Section 418 – As soon as practicable after Council receives a copy of the Auditor’s report, the reports must be placed on public exhibition and notice given of a meeting at which Council proposes to present its audited financial reports together with the Auditor’s report.

         

10.    In order to facilitate the public notice, meeting and submission process, it is considered appropriate that Council delegate to the General Manager authority, upon receipt of the Auditor’s Report by Council, to:

 

(a)     Arrange for the public notice of this meeting, in the required format, to be placed on Council’s web-site and in the St George Leader, advising of the meeting at which the Auditor’s Reports will be presented.

 

(b)     Arrange for the Council’s audited financial reports and a copy of the Auditor’s Reports to be made available for public inspection on Council’s web page and at the Council’s Civic Centre and Kogarah Library.

 

(c)    List the audited financial reports and Auditor’s Reports on the Agenda for Council Meeting in October 2017 for presentation to the public, which allows for the seven (7) day public notice requirement.

 

 

 

11.    The draft Financial Statements for the period ended 30 June 2017 also be referred to the Audit & Risk Management Committee for review prior to finalisation.

 

12.    Attached to this report is the Statement by Administrator and Management required under Section 413 (2) (c) of the Local Government Act and Draft 2016/17 Primary Financial Statements.

 

Financial Implications

 

13.    No budget impact for this report.

 

 

ATTACHMENTS

Attachment View1

Statement by Administrator and Management 2016-17

Attachment View2

Draft Income statement  Balance sheet for Council Report 2016-17

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL192-17             Annual Financial Statements 2016-17 Present for Audit

[Appendix 1]          Statement by Administrator and Management 2016-17

 

 

Page 137

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL192-17             Annual Financial Statements 2016-17 Present for Audit

[Appendix 2]          Draft Income statement  Balance sheet for Council Report 2016-17

 

 

Page 138

 


 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 140

Item:                   CCL193-17        Georges River Council Operational Plan 2016-2017 Annual Performance Report 

Author:              Executive Manager

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 

Recommendation

(a)     That the Georges River Council Operational Plan 2016-2017 Annual Performance Report is approved.

(b)     Further, that the Operational Plan 2016-2017 Annual Performance Report is published on Council’s website for the community to access.

 

Executive Summary

 

1.      The annual review of performance made against Georges River Council’s Operational Plan 2016-2017 is submitted for the information of Council and the community.

 

2.      The Local Government Act (1993), Section 405, requires Councils to prepare and adopt an annual Operational Plan and submit regular progress reports to Council on progress against the Operational Plan.

 

3.      Georges River Council’s Operational Plan 2016 – 2017 is based on the Community Strategic Plans developed with the constituents of the former Hurstville and Kogarah City Councils. The Georges River Council Operational Plan 2016-2017 was developed and approved in July 2016 following the 12 May 2016 Proclamation, bringing together Hurstville and Kogarah City Councils as Georges River Council. A Delivery Program for Georges River Council will be developed following the adoption of the Council’s Community Strategic Plan following the September 2017 Local Government Elections.

 

4.      Council’s one year Operational Plan 2016-2017 sets out the strategic and financial objectives for the year. It also details the goals and various performance measures for Council’s three priority areas and five themes:

 

Priority Areas:

·   Stronger Councils

·   Corporate

·   Office of the General Manager

 

Due to the amalgamation many priorities relate to merging past council systems, resources and services, for example the Stronger Councils priority area relates to benchmarks set by the NSW Department of Premier and Cabinet (DPC) for all merged councils.

 

 

 

 

 

 

 

Themes:

·   Assets and Infrastructure

·   Environment and Planning

·   Community and Culture

·   Corporate Services and Support

·   Transformation and Change

 

Performance review summary

 

5.      The attachment to this report provides details of the organisation’s performance against the planned actions and performance targets for 2016-2017.

 

6.      Georges River Council undertook 180 strategic projects in 2016-2017. At the end of the financial year 83% (150) of the projects, as outlined in the Georges River Council Operational Plan 2016-2017, were completed.

 

7.      The following are some of the significant achievements during 2016/17:

 

Stronger Councils

·   By the fourth quarter of the year 67% of correspondence was completed within 14 days.

·   80% of capital projects delivered on time and budget.

 

Corporate

·   31% reduction in lost time injuries.

 

Office of the General Manager

·   173 formal meetings held between community groups and the Administrator and/or General Manager to discuss issues that matter to the community.

·   More than 10% of all Council meetings were held in each of the five Wards.

·   Just under 11% of Council resolutions were made at meetings closed to the public. These matters related to senior staff, commercial leases and tenders and voluntary planning agreements.

·   27 speakers addressed Council across the 12 Council meetings held during the year.

·   Well over 90% of legal cases were determined in accordance with Council’s corporate and strategic objectives.

·   Council’s commercial property portfolio was 95% leased at the end of the June 2017.

 

Assets and Infrastructure

·   157 tonnes of waste removed from gross pollutant traps.

·   3,600 trees planted or given away to the community.

·   All actions from Traffic Advisory Committee implemented or underway, including construction of pedestrian refugees and improved signage and line marking.

 

 

·   Completion of open space and recreational projects including the Gannons Park shared cycleway, Dover West foreshore restoration, a new playground in Carss Park and the new Oatley Bay boat ramp.

·   Obtained $2M in grant funding for environmental projects.

·   Construction of the new Lily Street Bridge.

·   Road capital works completed in various locations including in Forest Road Hurstville, Kingsway and Maluka Place Beverley Hills, Regents and Kensington Streets Kogarah, at Oatley boat ramp and Kyle Bay Bowling Club carpark and in Commercial Road Kingsgrove – see the attachment for a complete listing.

·   2,451 graffiti tags removed.

·   100 hectares of ongoing bush regeneration, involving over 100 volunteers.

 

Environment and Planning

·   Kogarah New City Plan gazetted in May 2017.

·   In final stages of preparing a draft Development Control Plan to incorporate new urban design principles in the draft Urban Design strategy.

·   13 projects awarded funding under Council’s Heritage Grants Program.

·   All 773 food premises were inspected at least once during the year and 100% of food shops requiring re-inspection have been re-inspected.

·   Less than 1% missed waste contract service with 100% of customer requests actioned within 48 hours.

·   In final quarter 38.1% of all waste collected was diverted from landfill.

·   10,874kg of rubbish collected under Georges River Combined Councils’ programs.

·   883 Development Applications determined ($746M).

·   100% of Swimming Pool Compliance Certificates issued in accordance with legislation requirements.

 

          Community and Culture

·   Utilisation rates across all childcare centres over 95%.

·   Library membership increased by 2.3%.

·   146 one-off library programs including author talks and special events.

·   Tender process completed for a new integrated Library Management system.

·   65 organisations supported through the Georges River Community Grants Program and the Stronger Communities Fund Grants.

·   82 seniors’ events held with 6,685 attendees.

·   13,466 visitors to the Museum and Gallery.

·   636 events held at the Hurstville Entertainment Centre, 156,016 attendees.

·   Implementation of programs and initiatives to assist young people.

·   Disability Inclusion Action Plan launched and guidelines developed to assist implementation.

 

·   A range of initiatives implemented to meet the needs of the area’s culturally and linguistically diverse community.

·   Use of on-line services increasing (quarter 4 double that of the same period in previous year).

·   New website launched in March 2017.

·   49 events produced and delivered by Council to promote a vibrant and harmonious City.

 

Corporate Services and Support

·   All Council-owned commercial and community properties were reviewed.

·   The planning proposal for the former Oatley Bowling Club site was finalised.

·   Commenced demolition of 296 Forest Road Hurstville and gained approval for construction of Central Plaza.

·   100% of GIPA requests (public access to government information) determined during their timeframes and extended when required by agreement.

·   Investment portfolio returns exceeded industry benchmark.

·   Neighbourhood maps now available through Council’s website to help community locate essential Council Services.

 

Transformation and Change

·   The newly formed Georges River Implementation Advisory Committee met on six occasions during the year and provided advice on the development of key Council policies.

·   A fully integrated 2017/18 operational plan and budget was adopted by Council.

·   The upcoming first election for Georges River Council was widely promoted and the process to nominate candidates and the Candidate Information session were widely communicated.

·   67% of the 261 milestones in the adopted Transformation and Change Implementation Plan were completed, with the remainder in progress.

·   148 (99%) of actions and 38 (97%) of milestones on the Department of Premier and Cabinet Comprehensive Action Checklist were completed.

·   Organisational services (55) have been defined and service delivery review training provided to staff.

·   Enhancement to the full range of customer service access points, including a full-service centre at Kogarah Library.

·   A new brand was created for Georges River Council.

·   New organisational structure adopted in February 2017.

 

 

 

 

 

 

 

8.      Of the remaining 30 projects, 18 are on track for completion by their scheduled due date. Finally, 12 projects are reported in the attached end of financial year performance report as being behind schedule. These remaining projects are currently underway and priority has been given to customer-focused projects delivering benefits to the community. The attached report provides updates on these projects and outlines scheduled works put in place in order to complete the outstanding projects.

 

Related reports

 

9.      A separate report outlining Council’s 2016-2017 financial performance is submitted to the 4 September 2017 Council Meeting.

 

Financial implications

 

10.    No budget impact for this report.

 

File Reference

17/440

 

 

ATTACHMENTS

Attachment View1

Georges River Council Operational Plan 2016-2017 Annual Performance Report

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL193-17             Georges River Council Operational Plan 2016-2017 Annual Performance Report

[Appendix 1]          Georges River Council Operational Plan 2016-2017 Annual Performance Report

 

 

Page 145

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 231

Item:                   CCL194-17        Amalgamation Progress Report as at 30 June 2017 

Author:              Director Transformation and Change

Directorate:      Transformation and Change

Matter Type:     Finance and Governance

 

Recommendation

That Council receive and note the amalgamation progress report as at 30 June 2017.

 

Executive Summary

 

1.      Amalgamating two organisations whilst maintaining everyday services is a complex task that requires the involvement of the entire organisation and the support of our community. Georges River Council has faced this challenge as an opportunity to build the foundations for a strong and sustainable organisation.

 

2.      The Transformation and Change Directorate was established to plan, coordinate and monitor the success of Council’s amalgamation journey. The staff and the projects they undertake are fully funded by the $10m New Council Implementation Fund granted by the NSW Government to assist with the costs of merging.

 

3.      In November 2016, Council adopted the Transformation and Change Implementation Plan which provides a framework for ensuring the integration process is organised, efficient and benefits the community. All parts of the organisation have actively contributed to the change program and played a role in achieving the outcomes to date.

 

Establishment of Georges River Council

 

4.      Georges River Council was established by proclamation on 12 May 2016 from the merger of the former Hurstville and Kogarah Councils. The NSW Department of Premier and Cabinet (DPC) provided oversight of the new entity’s amalgamation activities, setting direction, deliverables and defining expected benefits.  To assist Council and the Community in the transition, the NSW government provided two grants.

 

5.      The Stronger Communities Fund (SCF) was established to provide Council with funding for the delivery of projects that improve community infrastructure and services.

 

6.      The SCF program is divided into categories:

 

a)      Community Grants Program – allocation of $1 million in grants to community organisations for projects that build vibrant local communities. These funds have been allocated to 27 Community Groups generating projects worth $3m.

 

b)      Major Project Program – allocated $9 million to larger scale priority infrastructure and services that deliver long term economic and social benefits to the community.

 

7.      The grants and major projects allocated funding have separately been adopted by Council. This is a three year program with an expected conclusion in June 2019.

 

 

 

 

8.      The New Council Implementation Fund (NCIF) is a $10m program over the 30 months to December 2018. The NCIF can be used to fund agreed activities that support the implementation of the new Council. A detailed funding allocation was adopted by Council as part of the Implementation Plan in November 2016 and subsequently accepted by the Office of Local Government (OLG).

 

9.      Reporting on the SCF and NCIF occurs twice yearly to the OLG and is subject to independent external audit.

 

10.    The DPC defined the level of expected community benefit as part of the merger process. Council worked with DPC to refine these targets and measurement tools, and adopted a set of savings targets in November 2016.

 

11.    On behalf of Council, the Transformation and Change Team coordinates, communicates and monitors the Implementation Plan, NCIF funded projects and Net Benefits data collation and reporting. The Team’s activities aim to deliver benefits to Council and the community aligned with the Enduring Characteristics of a Strong Council, defined by DPC as: strategic capacity, outstanding service provision, robust community relationships, strong performance and sound organisational health.

 

Strategic Capacity

 

Net Benefits

 

12.    Council adopted a savings target of $8.9m to be achieved by September 2017 and, at 30 June 2017, had reached $9.91m in identified savings and efficiencies. Over $5m in savings comes from materials and contract efficiencies such as a reduction in:

·        Legal costs due to improved delegations and processes ($416,000)

·        Advertising costs in the local newspaper ($28,000)

·        Reduced insurance premiums ($436,000)

·        Consolidation of information technology systems ($201,000)

 

13.    An additional $2.6m in savings has been generated by the reduction in senior leadership positions including 3 Director and 14 Manager roles. Of this saving, $1.6m has been reinvested in additional operational staff, including in specialised and highly skilled functions such as internal audit, risk management, security and emergency, legal services and premier facility management.

 

14.    Other reinvestments have directly enhanced service provision for our community. These include, amongst others:

·        Establishment of the Independent Hearing and Assessment Panel

·        Expanded pensioner rate rebate program

·        Additional road repairs and resheeting

·        New and expanded community events such as Starlight Cinema and the White Ribbon Walk

·        Implementation works for the Disability Inclusion Action Plan

·        St George Business Chamber – provision of office premises and annual program

·        An additional and increased Community Grants round each year

·        Expanded graffiti removal services

·        Sustainability and waste minimisation education programs

 

 

 

15.    Council is on track to meet and exceed its DPC savings targets of $24m over the next ten years.

 

Partnerships and Influence

 

16.    A larger council has a greater capacity to influence key policy, planning and infrastructure decisions, create partnerships that benefit the local community and work collaboratively with other organisations. Georges River Council has expanded its relationship with many local and state stakeholders, and with our neighbours.

 

17.    Council has maintained memberships of beneficial alliances such as:

·        Local Government NSW

·        Southern Sydney Regional Organisation of Councils

·        Georges River Combined Councils Committee

 

18.    We have also worked closely with NSW government departments to progress concepts and arrangements that benefit our local community. We have a strong and beneficial relationship with the DPC and the OLG, and have been active participants in recent programs that improve the sector.

 

19.    Council has worked with other agencies to deliver local services including Service NSW on the Easy to do Business Program which assists local businesses by streamlining application processes for Council functions related to running a small bar, restaurant or café. Council has also committed to the Small Business Friendly Councils initiative and defined three key projects to assist local economic development.

 

20.    Further partnerships with the University of NSW aim to deliver improved public space infrastructure and smart cities, which combine technology and design to make places safer, more enjoyable and lower costs.

 

Governance

 

21.    Council has heavily invested resources in ensuring that we are open and accountable to our local community and that our policies and procedures reflect community goals and aspirations.

 

22.    A large number of policies and codes have been developed to facilitate transparent, fair and equitable access to funding, to Council representatives and to information. Critical policies have been referred to the NSW Independent Commission against Corruption (ICAC) for feedback and endorsement to ensure that Council adopts a best practice approach to governance.

 

23.    An ethos of simplicity has guided their development and all have been available for comment and consultation prior to adoption. Some examples include:

·        Code of Meeting Practice

·        Code of Conduct and procedures to support administration of the Code

·        Councillor and Staff Interaction Policy

·        Fraud and Corruption Prevention Policy

·        Voluntary Planning Agreements Policy

·        Grievance and Complaint Resolution Policy

·        Mayor and Councillor Expenses and Facilities Policy

·        Risk Management Policy and Enterprise Risk Management Strategy

 

·        Sponsorship and Donations Policy

·        Venue Hire Grants Policy

·        Community Engagement Policy and Strategy

 

24.    Council has acted to make information more readily available by improving our website with the inclusion of a selection of registers such as Disclosure of Interest Returns for Councillors, Disclosures of Political Donations, Gifts and Benefits register, Donations and Sponsorship register, Investments and Contracts.

 

25.    The amalgamation provided the opportunity to refurbish the former Hurstville Council Chambers into a multifunctional venue available for daily use and/or hire by the public for a range of meetings and events.  The new room includes a larger public gallery, improved audio/visual components and webcasting technology.  Furniture is not fixed and can be moved and stored to suit the hirer’s needs. The process to register to speak at a Council meeting has been streamlined and meetings have been held in different wards across the Local Government Area (LGA) to improve accessibility.

 

26.    To ensure good governance, strong management and minimise risk, Council has appointed an Internal Auditor, established an Audit Risk and Improvement Committee and developed an annual audit plan. This is supported by an adopted Risk Policy including Risk Appetite Statements and an Enterprise Risk Management Strategy. Business Unit Risk Management is currently being implemented across the organisation.

 

27.    Investment has been made in process mapping and improvement software. Of the processes reviewed to date, an average 30% saving has been made in number of steps and time of transaction. This in turn improves efficiency, reduces costs and limits opportunities for errors to occur.

 

Strategic View

 

28.    A larger council can place a greater priority on longer term planning. Many business units have commenced detailed planning and implemented improvements to direct service delivery such as events, libraries and children’s services have completed strategic plans.

 

29.    Council has also been consulting with residents and businesses to commence development of our Community Strategic Plan. This plan defines the long term vision for the area and underpins Council’s activities to fulfil that vision. It sets the agenda for the Delivery Program and Operational Plans, as well as the partnerships we will develop with other agencies to fulfil community aspirations. Consultation and research will continue over the next few months before a draft plan is presented to the incoming Council.

 

Outstanding Service Provision

 

Service Disruption

 

30.    As an organisation, we were able to undertake merger related tasks with minimal service disruption to our customers. Throughout the initial transition year, Council has worked to ensure the community has not been negatively impacted by the amalgamation activities that needed to occur. Where possible, early improvements have been implemented to deliver benefit to our community. 

 

 

 

 

Smart Improvements

 

31.    As the Transformation and Change Directorate supported each area of Council to come together into a united team, we also worked to identify smart improvements to our services that could be made quickly and efficiently. Some of these improvements were related to harmonising services – things that one former council area did that we could expand across the LGA. Extending the pensioner rebate scheme and graffiti removal program to former Kogarah residents are examples.

 

32.    We sought to improve customer service in each area with a focus on including additional information and forms online. Residents are now able to access many services, make payments and request assistance at any time via the new responsive website. Payment options have been expanded to accept credit card payments more efficiently and over the telephone improving access. An early focus was on improving our response rate and quality of correspondence to ensure our customers are fully informed at the earliest opportunity. Other improvements include:

·        Enhanced neighbourhood mapping services and online access

·        Consolidated service centre at Kogarah Library creating a one-stop shop

·        Faster access to Development Assessment information through the DA tracker

·        Ability to make credit card payments over the phone

·        Online service requests expanded and more efficient

·        Expanded hours at Kogarah Library and Hurstville Customer Service Centre

·        Graffiti Removal extended to Kogarah LGA

·        Online Children’s Services account management extended to Hurstville customers

 

Service Delivery Audits and Reviews

 

33.    The Service Delivery Review Project will ensure the long term sustainability of Council by aligning services and service levels to community needs and ensuring we are efficient in their delivery.

 

34.    The first phase of this project is nearing completion and will result in a set of service audits that outline the current offering and the resources required to deliver services, along with a prioritised program for comprehensive review and realignment. This will be provided to the incoming Council for consideration and determination.

 

35.    Concurrently with data collection for the audits, Council undertook a number of reviews in order to plan for the future. An external review of the organisation’s fleet requirements is currently underway with a view to identifying efficiencies. A project plan for Development Assessment (DA) procedures is being implemented. This has resulted in the establishment of the DA Backlog Clearance Program which has successfully determined over 225 applications and the DA Clearing House which assists in streamlining determination pathways. The consolidation of two cleansing crews has seen are more efficient cleaning schedule carried out by having earlier starting times to ensure all of the Town Centres are cleaned every day without impacting on commuters.

 

36.    Service improvements will continue to be identified as we work through the program.

 

 

 

 

 

 

Robust Community Relationships

 

Transition Relationships

 

37.    The first year of transition was informed by consultation with key stakeholders and the community. The Implementation Advisory Committee was established and met on multiple occasions. Comprised of former Councillors from both Hurstville and Kogarah, the Committee considered the Implementation Plan, reviewed key policies and received updates on major programs and capital works.

 

38.    The Administrator made a concerted effort to ensure he was accessible to all members of the community by holding Council meetings in wards across the LGA, convening ‘Meet the Administrator’ sessions, and meeting with key stakeholders on a regular basis.

 

39.    To assist in the planning and development of policy, Council established a number of Advisory Committees comprising Councillor’s from the former Hurstville City and Kogarah City Councils and community representatives including the Economic Development Advisory Committee, Community Development Advisory Committee and the Aboriginal Advisory Committee. A new committee structure will be adopted by the incoming Council.

 

Community Consultation

 

40.    Council is committed to rigorous community consultation and has developed a Community Engagement Policy to define how and when we will consult. Supporting this policy is a Community Engagement Strategy and a new organisational position established to focus on consultation. A funding allocation from the NCIF has been adopted for the provision of consultation tools including an online consultation service. Specific consultations have been undertaken over the past year to seek feedback input into council policies, major capital works, planning decisions and organisational direction.

 

41.    For some decisions, a balance of expert opinion and community feedback is required, and in these cases dedicated panels have been established. Our funding assessment panels include community representatives in addition to Council staff and elected officials. The establishment of the Independent Hearing and Assessment Panel (IHAP) is an ongoing example. The IHAP is an independent panel of professional and community representatives with the full delegation of the Council to make decisions on a range of development applications and recommendations on planning proposals.

 

Branding and Identity

 

42.    Following amalgamation, Council was required to develop a new logo and brand. Extensive community consultation was undertaken to develop a permanent logo that represents the new LGA. The ‘dragon’ design signifies strength and resilience and is comprised of components that represent Aboriginal culture, the local environment and the diversity of our community. The colours align with our interim logo which was well regarded in the community.  Development of the new logo was undertaken in-house and at very minimal cost.

 

43.    Corporate branding on vehicles, online and uniforms has commenced rollout, to embed a sense of identity and pride in both staff and the community. A signage suite has been developed and installation has commenced on priority buildings and locations.

 

 

 

Strong Performance

 

Financial Management

 

44.    A condition of amalgamation is the maintenance of the rate path determined by the Independent Pricing and Regulatory Tribunal (IPART) prior to amalgamation until 2020. This means that rates can only increase by the IPART approved limit (‘rate peg”). Georges River Council has worked to achieve community benefit from the merge within these constraints and has been highly successful.

 

45.    In addition to integrating two financial systems, Council has harmonised the majority of its fees and charges to ensure that all members of the community can access all services at an equitable rate.

 

46.    Council has also focussed on equity, fairness and transparency in allocation of funds:

·        Venue Hire Grant Program - to provide a more equitable and transparent distribution of subsidies for not-for-profit organisations requesting reduced rental on Council venue hire facilities.

·        Community Grants - an increase above the combined amounts of the former councils to assist not-for-profit organisations meet the needs of our local community sourced from merger savings.

·        Sponsorship and Donations Policy - defines a structured method of assessing requests for sponsorships and donations.

 

Capital works

 

47.    With the funding from the Stronger Communities Fund, Council revenue and the use of existing reserves from both former councils, Georges River Council has embarked on the biggest Capital Work Program in this area.

 

48.    Up to $50m will be spent over the next two years on new infrastructure across the region including five new amenity buildings, synthetic soccer field, indoor cricket centre, pool refurbishments and many more.

 

49.    Council has also been successful in obtaining grants for capital programs, particularly environmental projects and these will be added to our capital works program.

 

50.    A key aspect of the workforce restructure was the creation of a dedicated Project Delivery Department. The establishment of the Project Delivery team in April 2017 has led to increased efficiencies with regard to the delivery of projects in the LGA.  The dedicated project management team has removed the appointment of a consultant Project Manager for each project as staff have taken up this role. In addition, streamlined processes and the development of quotation and tender templates has increased the efficiency of the procurement process.

 

Corporate Performance Management

 

51.    Council has implemented a performance management process to ensure that the benefits of amalgamation and performance are monitored, reported and communicated to the community. A detailed budgeting process is augmented by regular reviews by each manager and overseen by the Executive Team. The reviews cover all aspects of the organisation including customer service, project delivery, and service management. The results are reported to the community on a six monthly basis as part of our Operational Plan reporting. 

 

Sound Organisational Health

 

Workforce Restructure

 

52.    A merging entity requires a workforce restructure in order to establish a structure that resources the services our customers require, reduce duplication and create efficiencies. A larger workforce is able to accommodate a more diverse range of specialist skill sets that can enable the organisation to better delivery services.

 

53.    The restructure of Georges River Council was completed early in comparison to other merged Councils as the focus has been on organisational stability and sustainability. Although there has been a small number of resignations and voluntary redundancies, there has also been investment in new roles such as internal audit, risk management and emergency services. Council also used the opportunity to bring back in-house some previously partially outsourced functions including legal services and the management of Jubilee Oval and Stadium and the Kogarah war Memorial Pool.

 

54.    Team building and service and financial efficiencies can be maximised when the organisation is centrally located. The upgrade of facilities in an existing service centre has meant that all administration staff can be housed in a single building. This move was completed smoothly with extensive consultation into an environment conducive to high performance supported by new technology that supports red tape reduction and improved collaboration.

 

55.    A similar project is underway in regard to the existing depots. Bringing staff together will generate effectiveness and savings and at the same time, free up the facilities for community benefit.

 

Values and Culture

 

56.    Work has commenced on the long term task of developing a new organisational culture that leverages our increased capacity and the strengths of the new organisation, whilst maintaining service levels. Transformation and Change has worked with all staff to understand their experiences, build resilience and define corporate values. A staff pulse survey, tackling change workshops and numerous consultation opportunities have been rolled out. The organisation has defined its mission “to be a leading, people focussed organisation delivering outstanding results for our community” supported by a suite of value statements that define how we will work towards this.

 

57.    A number of corporate strategies have been developed, or are currently under development, to operationalise the mission and values so they can be applied in a practical manner in our day to day tasks. Our Customer Service Strategy defines how we will interact with, and deliver services to, our customers. Understanding their needs, making it as easy as possible and implementing a service culture are the focus areas. Future work on city resilience and digital delivery will be underpinned by feedback on the Community Strategic Plan.

 

Skills and Development

 

58.    To support our new structure and culture, a capability program is also currently underway. The program operates at three levels:

a)      Executive

b)      Senior leadership

c)      Staff

 

59.    Two core sets of skills are the current focus: leadership and high performing teams, and technical skills.

 

60.    The Executive and senior leadership teams are working through a program to enhance performance, develop strategic skills and improve business acumen. Additionally, technical skills training is being offered to all staff alongside career progression pathways. A trainee and apprentice program is being implemented in specific departments such as IT and trades.

 

Maintaining Momentum

 

61.    As we move into the second transition year it is important to use our strong foundation to continue to maintain momentum. Focus will continue on three main areas:

·        Customer Service Improvements – continue to create a customer friendly Council through face to face and online services supported by an improved customer service culture. 

·        Community Infrastructure – continue to improve the number, location and usage of community infrastructure.

·        Process Improvements - reduce red tape and bureaucratic processes internally to improve productivity and increase efficiency thereby delivering cost savings and improving speed and ease of service.

 

62.    By the end of the 2017/18 financial year we will have finalised the integration of all Council teams and utilised the new organisation structure to identify and implement smart improvements to our ways of working and services we deliver.

 

63.    The updated Implementation Plan will guide us in the second transition year and enable us “to be a leading, people focussed organisation delivering outstanding results for our community”.

 

Financial Implications

 

64.    No budget impact for this report. 

 

65.    NCIF and SCF funds continue to be expended in accordance with the Deed of Grant with the Office of Local Government, the adopted Implementation Plan and the requirements of the external OLG auditor.

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 240

Item:                   CCL195-17        Georges River Council Statement of Business Ethics 

Author:              Governance Officer

Directorate:      Office of the Chief Operating Officer

Matter Type:     Finance and Governance

 

Recommendation

That the Georges River Council Statement of Business Ethics Policy attached to the report be adopted.

 

Executive Summary

 

1.      The Statement of Business Ethics is a key document within Council’s Governance Framework and provides guidance for all sectors of the community when conducting business with Council, and explains the mutual obligations of all parties.

 

Background

 

2.      In developing this Statement, research was undertaken across a number of other NSW Councils and State Government departments, including review of the Statements of the former Kogarah and Hurstville Councils.

 

3.      Following this research, a draft Statement of Business Ethics was developed.  The draft Statement was presented to, and endorsed by, the Executive Team at its meeting of 21 June. At this meeting it was recommended that the draft Statement be submitted to the July Economic Development Advisory Committee (EDAC) for comment, before submitting to Council for adoption in September.

 

4.      The draft Statement was presented to the EDAC and some members commented that the information contained in the Conflicts of Interest and Sponsorship sections was ambiguous, and that further clarification should be provided. 

 

5.      The Sponsorship section was re-worded to include some key principles as outlined in Council’s recently adopted Sponsorship and Donation Policy.  The Conflicts of Interest section was re-worded to ensure greater clarification, particularly with how this may relate / apply to external parties.

 

6.      The revised sections provide enough clarity without taking away from the simplicity of the Statement of Business Ethics, which is not intended to provide detailed guidance, but rather ‘information at a glance’. It then references other key policies which should be referred to for further information.

 

7.      Attached is a hard copy version of the Statement of Business Ethics, which will be provided to individuals and companies doing business with Council, usually at the commencement of the business relationship. A web based version will also be developed, and will be available via the Procurement and Policies pages of Council’s website.  The web version will also include hyperlinks to policies referenced within the Statement.

 

 

 

 

 

Financial Implications

 

8.      Within budget allocation.

 

File Reference

D17/134204

 

 

ATTACHMENTS

Attachment View1

Statement of Business Ethics - 4 September Council Meeting

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL195-17             Georges River Council Statement of Business Ethics

[Appendix 1]          Statement of Business Ethics - 4 September Council Meeting

 

 

Page 242

 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 246

Item:                   CCL196-17        Georges River Council Councillor and Staff Interaction Policy 

Author:              Executive Manager

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 

Recommendation

(a)     That the attached Georges River Council Councillor and Staff Interaction Policy is adopted.

(b)    That the comments and minor amendments as provided by the ICAC in their review of         the Policy, as outlined in the attached report and included in the draft Georges River        Council Councillor and Staff Interaction Policy are received and noted.

(c)     That in the event that the Office of Local Government develops a Model Policy for       councillor and staff interaction, the Georges River Council Councillor and Staff Interaction Policy will be reviewed.

 

Executive Summary

 

1.      The Georges River Council Councillor and Staff Interaction Policy provides a structure for the interaction between Councillors and authorised staff and supports the professional working relationship between the elected Officials and Council Officers.

 

2.      The draft Policy as attached in Attachment 1 is tabled to Council for consideration and adoption.  

 

Background

 

3.      Georges River Council supports Councillors’ requirement to access Council information and staff in order to exercise their civic duties under the Local Government Act, 1993 (The Act). Interactions between Councillors and staff are necessary to facilitate strong governance, best practice policies and decisions and to provide customer-focused service delivery.

 

4.      Under Section 6.2 of the Georges River Council Code of Conduct:

 

Councillors or Administrators must not:

 

a)      direct Council staff other than by giving appropriate direction to the General Manager in the performance of Council’s functions by way of Council or Committee resolution, or by the Mayor or Administrator exercising their power under section 226 of the Act (section 352).

 

b)      in any public or private forum, direct or influence or attempt to direct or influence, any other member of the staff of the Council or a delegate of the Council in the exercise of the functions of the member or delegate (Schedule 6A of the Act).

 

 

 

 

c)      contact a member of the staff of the Council on Council related business unless in accordance with the policy and procedures governing the interaction of Councillors and Council staff that have been authorised by the Council and the General Manager.

 

5.      A draft Georges River Council Councillor and Staff Interaction Policy was developed in June 2017 to provide a structure for the professional and appropriate interaction between Councillors and authorised staff that supports the professional working relationship between the elected Officials and Council Officers.

 

6.      The draft Policy was referred to the Independent Commission Against Corruption (ICAC) for review and feedback. The ICAC indicate in their correspondence that the draft Georges River Council Councillor and Staff Interaction Policy rightly applies to Councillors, Council staff, as well as contract and casual staff. The ICAC suggest the inclusion of a flowchart to visually demonstrate the work flow for the Councillor’s HelpDesk in Section 4.e. of the draft Policy. A flowchart is included in the updated draft Policy attached to this report for consideration and adoption at the Meeting of Council.

 

7.      Sections 6-8 of the draft Policy set out the nominated Council staff authorised to interact with Councillors. The ICAC indicate that these sections are clearly set out.

 

8.      Councillors will be surveyed annually to measure satisfaction with regard to the Councillor’s HelpDesk, to ensure continuous improvement.

 

9.      In the event that the Office of Local Government develops a model Councillor and Staff Interaction Policy, the Georges River Council Councillor and Staff Interaction Policy will be reviewed.

 

Implementation

 

10.    The implementation of the Policy will include ample communication of the approved Policy to all Georges River Council staff, contractors and casual staff.

 

11.    The approved Policy will be included in the Councillor Induction Program, following the NSW Local Government Elections taking place on 9 September 2017.

      

Financial Implications

 

12.    No budget impact as a result of this report.

 

File Reference

D17/89696

 

 

ATTACHMENTS

Attachment View1

DRAFT Georges River Council Councillor and staff interaction policy

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL196-17             Georges River Council Councillor and Staff Interaction Policy

[Appendix 1]          DRAFT Georges River Council Councillor and staff interaction policy

 

 

Page 248

 


 


 


 


 


 


 


 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 259

Item:                   CCL197-17        Georges River Council Related Party Disclosures Policy 

Author:              Governance Officer

Directorate:      Office of the Chief Operating Officer

Matter Type:     Finance and Governance

 

Recommendation

(a)     That those positions as defined as Key Management Personnel (KMP) as outlined within the report be confirmed.

(b)     That the Georges River Council Related Party Disclosure Policy attached to the report be adopted.

 

Executive Summary

 

1.      Councils are now required to disclose related party relationships, transactions and outstanding balances, including commitments in the Annual General Purpose Financial Statements in accordance with Australian Accounting Standards Board 124 (AASB 124) Related party Disclosures.

 

2.      Related parties include KMP, their close family members and any entities that they control or jointly control.  Related parties also include entities related to Council.  Any transactions between Council and these parties, whether monetary or not, may need to be identified and disclosed.

 

3.      The information will be audited as part of the annual external audit by the NSW Auditor General.

 

4.      It is necessary for Council to define who is considered a KMP and to develop a policy to define the parameters for related party transactions and the level of disclosure and reporting required to achieve compliance with AASB 124.

 

Background

 

5.      From 1 July 2016, the Australian Accounting Standards Board has determined that AASB 124 will apply to government entities, including local governments.

 

6.      The objective of the accounting standard is to ensure that annual financial statements contain disclosures necessary for stakeholders to draw attention to the possibility that the financial position and financial performance may have been affected by transactions and outstanding balances with related parties.

 

7.      AASB 124 applies to new Councils established under proclamation for the reporting period ending 30 June 2018.

 

8.      To date a model policy document has not been developed by the Office of Local Government (OLG) and they do not intend developing a model policy in the future.  The OLG have suggested on their website that councils reference existing QLD and NSW council policies when developing a policy.

 

 

 

9.      Council’s draft policy has been developed after consideration of information presented by OLG and researching of other NSW and QLD council policies.   

 

10.    Following research as outlined above, a draft policy was developed and presented to the Executive Team at their meeting of 19 July. The Executive Team endorsed the policy and recommended that the draft Policy be referred to Council’s External Auditors and Council’s Audit, Risk and Improvement Committee (ARIC) for comment, before submitting to Council for adoption in September.

 

11.    Feedback was received from a couple members of ARIC and the policy amended accordingly.  The suggested changes to the policy did not significantly change the overall principles or intent of the policy but included refinement of some of the definitions and further clarification regarding assessment of materiality.

 

Key elements of AASB 124 Related Party Disclosures

 

12.    Compliance with AASB 124 requires that Council disclose all material and significant related party transactions.  Generally disclosure will only be made where a transaction has occurred between Council and a related party.

 

13.    The nature of disclosure is outlined in the policy, but includes Remuneration information of KMP (reported at an aggregate level), transactions between Council and KMP or entities owned or controlled by KMP or their close family members, and transactions with Council and other related entities such as joint ventures, subsidiaries etc.

 

What is a related party?

 

14.    Parties are related where one can control or influence the other’s financial and operating decision.  Council’s related parties include Key Management Personnel (KMP) and entities that Council has control or significant influence over (for example joint ventures and subsidiaries).

 

15.    AASB 124 also includes the close family members of each KMP and the entities that KMP or their close family members control or jointly control as related parties. This is depicted in the diagram below (source: Queensland Department of Infrastructure, Local Government and Planning).

                                               

 

Defining Key Management Personnel

 

16.    Council’s KMP have been proposed to include:

 

•   Mayor;

•   Councillors;

•   General Manager; and

•   Directors 

 

17.    The proposed determination of KMP is based on interpretation of AASB 124 which defines KMP as those persons having the authority and responsibility for planning, directing and controlling the activities of the Council.  A number of NSW Councils have defined as above, with some also including CFO and Public Officer positions.

 

18.    The decision requires a judgement call by each Council.

 

Collection of information

 

19.    As outlined in the policy, it is proposed that KMP are to notify, by self-assessment, any known related party transactions that have occurred or are likely to occur.

 

20.    It is proposed that declarations occur annually for the period ending 30 June.  It is anticipated that Disclosure forms would be issued one month prior to 30 June to allow for completion.  Incoming Councillors and existing KMP will also complete a declaration following adoption of this policy. 

 

Financial Implications

 

21.    No budget impact for this report.

 

File Reference

D17/141096

 

 

ATTACHMENTS

Attachment View1

Draft Georges River Council Related Party Disclosures Policy

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL197-17             Georges River Council Related Party Disclosures Policy

[Appendix 1]          Draft Georges River Council Related Party Disclosures Policy

 

 

Page 262

 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL197-17             Georges River Council Related Party Disclosures Policy

[Appendix 1]          Draft Georges River Council Related Party Disclosures Policy

 

 

Page 272

 


 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL197-17             Georges River Council Related Party Disclosures Policy

[Appendix 1]          Draft Georges River Council Related Party Disclosures Policy

 

 

Page 274

 


 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 279

Item:                   CCL198-17        Update on UOW Jubilee Oval, Kogarah 

Author:              Executive Manager Premium Facilities and Properties

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 

Recommendation

The Council note the update report on UOW Jubilee Oval.

 

Executive Summary

 

1.      An update on the business and operation of UOW Jubilee Oval is provided along with an update on progress towards the master planning of the precinct.

 

Background

 

2.      Council resumed management of the UOW Jubilee Oval at the beginning of February 2017 from St George Leagues Club.

 

3.      A venue management team proceeded to arrange the transition to Council of service and supply contracts including the novation of the ticketing agreement.

 

4.      A hire agreement with St George Dragons was negotiated for the 2017 season.

 

5.      St George Dragons have since played a total of five games at the Oval during the season.

 

Other Hirers

 

6.      The venue has now been opened up to other hirers with the Council having the management.

 

7.      These hirers have included New South Wales Rugby League for its Harold Mathews and SG Ball finals, training for Melbourne Victory for A League Grand Final and Arsenal, having exclusive use of the venue for training during their visit to play two games at ANZ Stadium.

 

8.      The Women’s Rugby League World Cup has training booked in November 2017 and the Wallabies for October 2017.

 

9.      In August there are two weekends of St George District Football Junior finals and another grand final weekend for district junior rugby league.

 

10.    Council is also pursuing commercial lease arrangements for the lease of surplus space within the facility.

 

11.    The Southern Expansion Group that is promoting a new A League team between three venues including UOW Jubilee Oval, is researching its home venue options through consultants that have engaged with Council officers.

 

 

 

Maintenance

 

12.    The venue is now operating with an ordered maintenance programme in place that was absent under previous management.  Council has incurred significant expenditure in addressing outstanding maintenance and safety issues at the venue since February 2017.

 

13.    Consequently there will be significantly fewer issues on event days and an enhancement of whole of life of the assets.

 

14.    There is a major body of maintenance work to take place later in the year that is associated with the structural steel of the roof that involves rust treatment and prevention.

 

Master Planning

 

15.    A draft scope of works has been prepared to proceed to an RFQ of Government Panel architects specialising in sports precinct planning with an expectation of an appointment in early October 2017.

 

16.    The successful proponent will prepare a minimum three alternative options in respect of concept designs for the precinct.

 

Financial Implications

 

17.    Within budget allocation.

 

File Reference

17/1914

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 281

Item:                   CCL199-17        Advice on Court Proceedings - August 2017 

Author:              General Counsel

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 

Recommendation

(a)     That the information be received and noted.

(b)     That the General Counsel update Council as to any progress arising from negotiations on 29 August 2017 in relation to the Class 1 Appeal in the NSW Land and Environment Court (Combined Projects (Hurstville) Pty Ltd) Proceedings No. 64848 of 2017.

 

Executive Summary

 

1.      Advice on Council’s Court Proceedings for the period 28 June 2017 to 24 August 2017 is contained within this report. 

 

Background

 

2.      The current Court Proceedings for the reporting period are broken down as follows:

Land and Environment Court Appeals

·   14 x Class 1 (Merit/DA)

·   2 x Class 2 Appeal (Tree Dispute)

·   4 x Class 4 Proceedings (including 2 Contempt of Court proceedings)

Supreme Court

·   1 x Application for Leave to Appeal (Tanious)

·   1 x Notice of Intention to Appeal (Malifa – Congregational Church of Samoa)

Local Court

·   13 x Prosecutions

Cost Recovery

·   9 x cost recovery matters

 

Total Costs

·   Total costs to date for the 2017/18 financial year are $34,695.

·   Total legal costs recovered to date for the 2017/18 financial year are $97,988.

 

Historical Costs

·   Total costs for Court proceedings in the 2016/17 financial year were $736,241 [$575,161 (Hurstville) and $161,080 (Kogarah)].

 

 

 

 

New Matters

 

3.      Two new matters were received/commenced during the reporting period: one Class 1 Appeal (GCK Investments Pty Limited) and one Class 2 Tree Dispute Application (Rindfleish).

 

Finalised Matters

 

4.         Nada in Class 1 (costs), Primus DMS Pty Limited in Class 1 (s34 Agreement), Karavelas in Class 1 (s34 Agreement) and Sun in Class 1 (discontinued).

 

Current Table

 

5.      The Court Proceedings current for the reporting period for Council are set out below. The external costs include both external legal and consultants’ fees.

 

 

 

No.

Property Address / Applicant / Proceedings Number

Description of Matter

Status / Critical Dates

External Costs to Date From 2017/18 FY

Land and Environment Court Proceedings – Class 1 Appeals

1

58 and 60 Blackshaw Avenue

MORTDALE

 

Applicant:

Marion McDowell and Associates

 

Proceedings No.

241879 of 2016

 

 

 

 

Class 1 Appeal against Council Order for demolition of existing unauthorised structure.

Judgment handed down on 13 June 2017.  Council’s order was upheld. Compliance period extended to 13 September 2017, pending outcome of building certificate application.

$5,835.17

2

8-10 Princes Highway

KOGARAH

 

Applicant:

Outdoor Systems P/L

 

Proceedings No. 344564 of 2016

 

 

 

 

 

Class 1 Appeal against deemed refusal of Section 96 application DA30/1997 to delete conditions relating to a digital advertising sign. 

Matter part heard and listed for a further hearing day on 24 April 2017.  RMS joined to proceedings.  Council filed submitting appearance as it has no objection to application.  Awaiting Court decision.

$0

3

25 Old Forest Road, LUGARNO

 

Applicant: George Antoniou

 

Proceedings No. 2826 of 2017

 

 

Class 1 Appeal against deemed refusal of DA 2016/0314 for child care centre for 45 children.

S34 Conciliation terminated.  Matter listed for hearing on 23 August 2017.  External traffic and acoustic consultants briefed.

$2,000.00

4

12 – 22 Woniora Road, Hurstville

 

Applicant: Combined Projects (Hurstville) Pty Limited

 

Proceedings No. 64848 of 2017

 

 

Class 1 Appeal against deemed refusal of DA 154/2016 for construction of an additional two storeys to Building D of mixed use development

Matter listed for S34 Conference on 21 June 2017.  Conciliation terminated following failure to resolve the matter.  Matter listed for contested hearing on 17 & 18 October 2017.  External planner briefed.

$1,561.70

5

365 – 377 Rocky Point Road, Sans Souci

 

Applicant: Primus DMS Pty Limited

 

Proceedings No. 71976 of 2017

 

 

Class 1 Appeal against deemed refusal of DA 283/16 for alterations and additions to mixed use development

Matter unresolved following S34 Conference on 6 July 2017.  Matter subsequently settled by S34 Agreement following amended plans that addressed Council’s contentions.

$0

6

35 – 39 Ocean Street, Kogarah

 

Applicant: Mario Briglia, Enio Briglia & Maria Cerra

 

Proceedings No. 77304 of 2017

 

Class 1 Appeal against refusal of DA 26/16 for the demolition of existing dwellings and construction of multi-dwelling housing over basement car parking and strata subdivision

Matter listed for S34 Conference on 28 July 2017. Amended plans lodged and currently on notification.

$1,575.00

7

19 – 23 Bembridge Street, Carlton

 

Applicant:

William Karavelas

 

Proceedings No: 98274 of 2017

 

Class 1 Appeal against deemed refusal of DA 9/2016/78/2 for modification of DA 9/2016/78/1 to amend condition 4, relation to Section 94 contributions and delete conditions 13, 14 and 15 relating to design amendments

Matter settled by S34 Agreement following conciliation and amended plans that addressed Council’s contentions.

$0

8

977 Forest Road, Lugarno

 

Applicant:

Malifa

(formerly Congregational Christian Church Samoa)

 

Proceedings No: 103967 of 2017

 

Class 1 Appeal against refusal of DA2015/0443 for a child care centre

Matter listed for hearing of Notice of Motion to dismiss proceedings on 19 June 2017.  Matter dismissed by Justice Pain with order that Applicant pay Council’s costs.  Applicant has now lodged Intention to Appeal to Supreme Court.

$0

9

54 – 56 Johnstone Street, Peakhurst

 

Applicant: AMIA Investments Pty Ltd ATF MIAA Trust

 

Proceedings No:  206973 of 2017

 

Class 1 Appeal against deemed refusal of DA2017/0105 for demolition of existing structure, construction of 9 townhouses and strata title subdivision

Matter listed for S34 Conference on 6 November 2017. 

$0

10

70 – 78 Regent Street, Kogarah

 

Applicant: Regent Land Pty Limited ATF Regent Land Unit Trust

 

Proceedings No. 215083 of 2017

Class 1 Appeal against deemed refusal of DA 2017/111 for the demolition of existing buildings over eight lots (5 properties), amalgamation of the lots and development of an 11 storey residential flat building with 127 apartments and 145 car parking spaces

Matter listed for S34 Conference on 6 December 2017.  External urban design, planning and traffic consultants briefed.

$0

11

11 Stanley Street & 28 – 36 Victoria Street, Kogarah

 

Applicant: No. 1 Victoria Dragons Pty Limited

 

Proceedings No. 217118 of 2017

 

Class 1 Appeal against deemed refusal of DA9/2017/110/1 for demolition of existing buildings and construction of a residential flat building comprising 96 residential dwellings over 3 levels of basement parking

Matter listed for S34 Conference on 4 December 2017.   External urban design, planning, heritage and traffic consultants briefed.

$0

12

2 – 10 Palmerston Street, Kogarah

 

Applicant: Palmerston Dragon No. 1 Pty Limited

 

Proceedings No. 217105 of 2017

 

Class 1 Appeal against deemed refusal of DA9/2017/112/1 for demolition of existing buildings and construction of a residential flat building comprising 67 residential dwellings over 2 levels of basement parking.

Matter is listed for S34 Conference on 5 December 2017. External urban design, planning, heritage and traffic consultants briefed.

$0

13

70 Carwar Crescent, Carss Park

 

Applicant: Belinda Sun

 

Proceedings No. 222892 of 2017

 

Class 1 Appeal against deemed refusal of DA263/2016 for demolition of existing dwelling and construction of new 2 storey attached dual-occupancy with sub floor garage.

Matter has been discontinued by the Applicant as out of time.

$0

14

41 – 47 Princes Highway, Kogarah

 

Applicant:

GCK Investments Pty Limited

 

Proceedings No.  235909 of 2017

Class 1 Appeal against refusal of DA183/2016 for the demolition of existing buildings and construction of a 10 storey mixed use development consisting of ground floor commercial tenancy and 51 residential apartments over basement car parking.

Matter is listed for a first directions hearing on 31 August 2017.  External urban design, planning and traffic consultants briefed.

$0

 

Subtotal

 

 

$10,971.87

 

Land and Environment Court Proceedings – Class 2 Proceedings

1

5 Munmurra Road, Riverwood

Parties:

Saso Atanasovski & Olivera Atanasovska

No: 178780 of 2017

 

Class 2 Appeal – Tree Dispute Application

Matter listed for hearing on 15 September 2017.  Council has advised applicant it has no objection to removal of trees.  Awaiting decision of the Court.

$0

2

32 Vista Avenue, Peakhurst Heights

Parties: Paul & Victoria Rindfleish

No: 188208 of 2017

Class 2 Appeal – Tree Dispute Application

Matter listed for directions on 22 August 2017.

$0

 

Subtotal

 

 

$0.00

Land and Environment Court Proceedings – Class 4 Proceedings

1

84D Roberts Avenue

MORTDALE

 

Parties:

 

Romanous Developments Pty Ltd

 

Proceedings No.

40883 of 2013

 

Court orders entered on 24 July 2015 for Class 4 proceedings requiring remediation works under supervision of independent site auditor.

Respondent sought variation to complete works the subject of DAs for Wall and Drainage Works (as defined).  Amended Orders made.

$1,790.20

2

5 Maclaurin Street, PENSHURST

 

Parties: Emanuel Mifsud & Crystina Mifsud

 

Proceedings No. 377447 of 2016

 

 

 

Class 4 commenced in relation to clearing of articles and matter.

Contempt proceedings commenced against respondent. Sentencing hearing listed on 26 July 2017 before her Honour Justice Pain.   Judgment reserved.

$0

3

117 Kyle Parade, Kyle Bay

 

Parties: Michael Stanley Lowe

 

Proceedings No. 127157 of 2017

 

 

 

Class 4 commenced in relation to removal of crane

Proceedings commenced and directions for filing evidence made.  Council’s evidence filed.  Matter listed for hearing 16 – 18 October 2017.

$1,786.00

4

1A Hill Street, Hurstville

 

Parties:  Australian Consulting Builder Pty Limited

Contempt proceedings commenced against respondent for failure to maintain the premises in a matter that would permit no intruders and pose no safety risk.

Matter to be listed for hearing in October 2017.

$4,254.67

 

Subtotal

 

 

$7,830.87

Land and Environment Court Proceedings – Supreme Court

1

1 Arnold Street

PEAKHURST

 

Parties:

Mofeed Louis Tanious

 

Proceedings No.

2017/32320

 

 

 

 

Class 2 commencing in relation to failing to comply with Council Notices/Orders concerning keeping of poultry at the premises.  Orders upheld by Court with extension of time to comply to 25 April 2017.

Council was successful in resisting the applicant’s leave application to the Court of Appeal.  Summons dismissed with costs on 16 August 2017

$900.00

2

977 Forest Road, Lugarno

 

Applicant: Congregational Christian Church Samoa Parish of Sydney

 

Proceedings No: 103967 of 2017

Class 1 Appeal against refusal of DA2015/0443 for a child care centre

Applicant has lodged a Notice of Intention to Appeal to the Supreme Court. 

$0

 

Subtotal

 

 

$900.00

Local Court Proceedings

1

13-17 Peake Parade

PEAKHURST

 

Parties:

Oxford (NSW) Pty Ltd

Appeal against PIN for breaches of development consent. Defendant pleaded not guilty.

Matter part heard on 20 May and 26 October 2016. Magistrate requires further submissions. Stood over to 10 May 2017, which was subsequently adjourned to 25 September 2017 due to illness of defendant’s lawyer.

 

$259.20

2-6

13-17 Peake Parade

PEAKHURST

 

Parties:

Oxford (NSW) Pty Ltd

 

 

Appeals against five PINs for breaches of development consent and one water pollution offence under POEO Act.

Defendant pleaded guilty to 4 offences, 1 withdrawn.  Magistrate has ordered written submission evidence on sentencing.  Listed on 10 May 2017, which was subsequently adjourned to 25 September 2017 due to illness of defendant’s lawyer.

 

$154.40

7-12

25 Koorabel, 25A Koorabel, 25B Koorabel Street

LUGARNO

 

Parties:

Daoud & Daoud Developments Pty Ltd

 

 

Appeals against six PINs issued for carrying out development not in accordance with development consent.

Matter adjourned for sentencing to 16 August 2017.  Following submissions, Magistrate Bartley has reserved his decision.

$2,393.20

13

Greenbank St, Hurstville

 

Parties:

Daniel Mitchell

Parking offence

Matter listed for plea or mention on 13 September 2017.

$0

 

Subtotal

 

 

$2,806.80

Cost Recovery

1

The Baptist Church Union of NSW and The Baptist Churches of NSW Property Trust

 

No. 83357 of 2017

 

 

 

Church has taken proceedings to  prevent gazettal of the acquisition notice relating to 4 – 6 Dora Street, Hurstville

Council was successful in resisting the Church’s injunction.  Property acquired by Council on 31 March 2017. 

$0

2

66 Mulga Road OATLEY

 

Applicant:

Foxground Property Investments Pty Ltd

 

Proceedings No.

290679 of 2016

 

 

 

Class 1 Appeal against deemed refusal of DA2015/0035 for demolition of existing structures and construction of new two storey childcare centre for 51 children with basement car parking.

Matter resolved by S34 Agreement filed with the Court on 22 March   2017.  Council has now received payment of S97B costs. Matter finalised.

$0

3

37 Boronia Street

KYLE BAY

 

Parties:

Mrs Megan McOnie

 

Proceedings No.

40940 of 2015

 

 

 

 

 

 

Class 4 commenced in relation to failing to comply with Council Notices/Orders relating to a non-compliant swimming pool fence, overgrown vegetation and unhealthy swimming pool water.

Court Orders in support of Council’s Notices/Orders made. Application for substituted service on Respondent commenced.  Pool secured by Council December 2016.  Costs recovery commenced.

$0

4

832-836 King Georges Road & 51 Connells Point Road, SOUTH HURSTVILLE

 

Applicant:  Cash Warwick Pty Limited

 

Proceedings No. 380571 of 2016

 

 

Class 1 Appeal against deemed refusal of DA 99/2016 for demolition of existing dwellings and construction of 1 x 7 and 1 x 5 storey residential flat buildings.

S34 Agreement entered into.  Council proceeding to recover s97B costs.  Council has now received payment of S97B costs. Matter finalised.

$0

5

5 Booyong Ave, Lugarno

 

Parties: Sasho Naumcevski

Class 5 proceedings in relation to unauthorised excavation works at 5 Booyong Avenue, Lugarno

Costs payable pursuant to Court Orders in enforcement proceedings.  Mr Naumcevski has entered into (and to date, complied with) an instalment arrangement in relation to the $49,881.24 payable. 

 

 

 

$0

6

799 Forest Road PEAKHURST

 

Applicant:

CC Builders (NSW) Pty Ltd

 

Proceedings No.

155689 of 2016

 

 

 

Class 1 Appeal against deemed refusal of development application DA2015/0457 for demolition of existing dwelling and construction of a multi dwelling housing development including six dwellings. 

 

Judgment handed down on 16 February 2017.  Consent granted to amended plans.  Costs recovery for s97B costs underway.

$0

7

105 Forest Road & 1A Hill Street, Hurstville

 

Parties: Australian Consulting Builders

Court orders entered on 5 August 2016 relating to cleaning up of property at 105 Forest Road.  Related adjoining property also in disrepair.

Proceedings commenced. Consent orders agreed following clean-up of property.  Respondent to pay Council’s costs. Subject to continual monitoring.

Council has now received payment of costs

 

 

$0

8

45 Ogilvy Street

PEAKHURST

 

Applicant:

Emad & Eva Nada

 

Proceedings No.

11040 of 2014

 

Class 1 appeal relating to a child care centre.  Commissioner satisfied that DA worthy of approval, subject to storm water issues being resolved. Consent granted by Court. 

Council’s motion for costs of the re-opening of the proceedings successful on 21 June 2017.  S97B costs also payable by Applicant have now been received.

$0

9

399-403 Princes Highway

CARLTON

 

Applicant :

Michael Murr

 

Proceedings No.

336689 of 2016

Class 1 Appeal against refusal of DA 75/2016 for 5 storey residential flat building containing 22 units and strata subdivision.

S34 conference

Proceedings fixed for contested hearing on 24 and 25 May 2017.  Matter relisted on 20 June 2017 for submissions on need for cl. 4.6 Judgment handed down by Commissioner Smithson on 18 July 2017.  Appeal upheld, development consent granted and no clause 4.6 required. Awaiting payment of S97B costs.

$13,356.60

 

Subtotal

 

 

$13,356.60

 

 

6.      The cost savings to date by virtue of S34 delegations are as follows:

 

Month (2017/18)

Savings

July

$0

August

$32,000

Total

$32,000

 

Financial Implications

7.      Within budget allocation.

 

File Reference

09/1077

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 292

Item:                   CCL200-17        NSW Crown Lands Negotiation Process - Council Expressions of Interest 

Author:              Executive Manager Premium Facilities and Properties

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 

Recommendation

That Council note the intention of Council officers to pursue the opportunity to negotiate for the transfer of selected Crown Land parcels in the Georges River local government area (as identified in this report) to Council ownership.

 

Executive Summary

 

1.      Council officers have identified a selection of Crown Land parcels to be included in Council’s participation in the NSW government’s Crown Land Negotiation Program.

 

Background

 

2.      The Minister for Lands and Forestry wrote to the General Manager on 6 July 2017, informing Council that an Expression of Interest process was open for councils to engage in a Land Negotiation Program.

 

3.      This process arises from the passing, in November 2016, of the Crown Land Management Act 2016 and the Crown Land Legislation Amendment Act 2017 in May 2017.

 

4.      The new legislation allows for Crown land that is identified as being primarily land of local community value, for example parks and sporting grounds, to be vested in councils.

 

5.      The guidelines in relation to this process are attached (Attachment 1).

 

6.      Officers have identified a selection of priority parcels of Crown Land in the LGA (Attachment 2) for which Council should pursue transfer of ownership to Council.

 

7.      The criteria around this prioritisation included Crown Land that:

 

a.   is part of a wider sporting or recreation precinct already managed by Council;

b.   already contains important Council assets such as buildings or infrastructure;

c.   is planned for significant Council investment and/or construction of building or infrastructure assets in the next few years;

d.   is part of Council’s existing premium sporting or recreation facilities portfolio such as golf courses, professional venues, significant local parklands and swimming pools; and

e.   is currently subject to high levels of annual Council maintenance expenditure.

 

8.      Council officers have consequently applied online for Georges River Council to be considered in the Crown Land Negotiation Program.

 

 

 

 

 

Financial Implications

 

9.      No budget impact at this time.

 

File Reference

D17/140376

 

 

ATTACHMENTS

Attachment View1

Crown Land Negotiation List

Attachment View2

Crown Land Negotiation Information

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL200-17             NSW Crown Lands Negotiation Process - Council Expressions of Interest

[Appendix 1]          Crown Land Negotiation List

 

 

Page 294

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL200-17             NSW Crown Lands Negotiation Process - Council Expressions of Interest

[Appendix 2]          Crown Land Negotiation Information

 

 

Page 295

 


 


 

 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 298

8.      Assets and Infrastructure

 

Item:                   CCL201-17        Property Matter - Proposed Grant of Easement to Drain Water - Olds Park 

Author:              Strategic Property Officer

Directorate:      Office of the General Manager

Matter Type:     Assets and Infrastructure

 

Recommendation

(a)     That Council grant an Easement to Drain Water over LOT B in DP379415 as detailed in this report.

(b)     That the General Manager and Administrator/Mayor be authorised to execute the s.88B Instrument or Transfer Granting Easement and all associated documentation to create the easement, under the Common Seal of the Council, if required.

(c)     That all costs associated with the granting of the easement be met by the applicant.

 

Executive Summary

 

1.      As a deferred condition of Development Consent DA2015/0322, the owner of No.11 Queensbury Road, Penshurst is required to obtain an Easement to Drain Water over Council land described as LOT B in DP379415.  The subject land forms part of Olds Park Reserve which is located at 624 Forest Road, Hurstville.  The purpose of this report is to advise Council of the “in principle” terms agreed to between the parties and to subsequently seek approval to grant the proposed easement.

 

Background

 

2.      The former Hurstville City Council is the registered proprietor of a parcel of open space land comprising of LOT B in DP379415, LOT 2 in DP433674, LOT 83 in DP 16723, LOT B in DP 377658, LOT 84 in DP 16723 and LOT 82 in DP 16723 and known as Olds Park, Penshurst. The proposed easement will burden LOT B in DP379415 only.

 

3.      Council has received a request from an adjoining owner located at 11 Queensbury Road, Penshurst for an Easement to Drain Water to be granted in favour of their property, to the existing public drainage infrastructure located within Olds Park.  The required easement is a condition of approved Development Consent DA2015/0322 dated 20 January, 2016.

 

4.      The proposed easement to drain water will be granted over a Council owned parcel of “community classified land”.  In accordance with Section 46 of the Local Government Act 1993, Council is permitted to grant easements for drainage over community classified land to existing drainage facilities located within public reserves.

 

5.      The proposed easement will be 1m wide and 53.486m in length and will connect into the existing drainage infrastructure within the reserve as detailed in Attachment 1 to this report.  Attachment 2 is a location plan of the easement in relation to the park.

 

 

 

 

6.      In exchange for granting the proposed easement, the applicant will be required to pay market value consideration for encumbering Council’s land as determined in the confidential valuation advice, shown as Attachment 3 – Circulated Under Separate Cover - Confidential to this report.  Additionally, the applicant is required to pay Council’s incurred valuation, legal and all associated easement survey, lodgement and registration costs as well as costs for the necessary infrastructure works and subsequent make good.

 

7.      Council has in the past granted similar easements over public lands for comparable amounts of consideration.  It is considered that the imposition of such an easement will not significantly affect the value of the reserve parcel.  Accordingly, the determined amount of consideration is considered to represent fair market value for an encumbrance that will burden Council’s public reserve in perpetuity.

 

Financial Implications

 

8.      Within budget allocation.

 

File Reference

17/978

 

 

ATTACHMENTS

Attachment View1

Stormwater Easement Plan - 11 Queensbury Road, Penshurst

Attachment View2

Easement Location Plan - 11 Queensbury Road, Penshurst

Attachment View3

Valuation Report - Proposed Drainage Easement through Olds Park - 11 Queensbury Road, Penshurst - CIRCULATED UNDER SEPARATE COVER – CONFIDENTIAL

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL201-17             Property Matter - Proposed Grant of Easement to Drain Water - Olds Park

[Appendix 1]          Stormwater Easement Plan - 11 Queensbury Road, Penshurst

 

 

Page 300

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL201-17             Property Matter - Proposed Grant of Easement to Drain Water - Olds Park

[Appendix 2]          Easement Location Plan - 11 Queensbury Road, Penshurst

 

 

Page 301

 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 302

Item:                   CCL202-17        Georges River Council Depot Masterplan and Preliminary Depot Consolidation Business Case 

Author:              Executive Manager Engineering Operations

Directorate:      Assets and Infrastructure

Matter Type:     Assets and Infrastructure

 

Recommendation

(a)     That Council approve, in-principle, the final draft Georges River Council Depot Masterplan and conceptual design layout and that detailed design and engineering work be progressed having regard to the final draft Masterplan.

 

(b)     That Council review and note the preliminary Business Case for the proposed Georges River Council Depot consolidation project and approve further detailed analysis and development of the final Business Case to support the redevelopment of the Mortdale Depot.

 

(c)     That a further report be submitted to Council on the final draft Georges River Council Depot Masterplan and conceptual design layout, including the final Business Case after September 2017.

 

Executive Summary

 

1.      In May 2017, Council engaged the services of a multidisciplinary design team, led by GroupGRC, to prepare the Georges River Council (GRC) Depot Masterplan that provides the conceptual layout design for optimal use of the existing Mortdale Depot site and full budget estimates for design and construction in line with the strategic objectives and project scope.  The GRC Depot Masterplan is now in final draft.

 

2.      A Preliminary Business Case has been prepared in accordance with the NSW Government Guidelines for Capital Business Cases – TPP 08-5.  The Preliminary Business Case constitutes the planning framework, and provides the basis to demonstrate and justify the service rationale, consider service delivery alternatives and inform decision making by Council.

 

3.      The preferred option identified in the Preliminary Business Case is to further explore the redevelopment of the Mortdale Depot and verify the savings that would provide sound justification and rationale for the project to be taken into the detailed design and Final Business Case stage. 

 

Background

 

Current Situation

 

4.      Council currently operates the Engineering Operations business unit from two separate depots located at 100 Roberts Avenue, Mortdale and 78 Planthurst Road, Carlton.  These facilities accommodate approximately 185 personnel including management and outdoor operational staff, and a combination of light and heavy operational vehicles, mobile plant and equipment exceeding 250.

 

 

5.      The existing two depot facilities are located less than 7km from one another, offering duplicate facilities and services that are antiquated, in some instances non-compliant with current safety standards and lacking the facilities and amenities required to achieve current and future community needs.

 

6.      The existing Depots are not currently equipped to cope with the current staffing levels or to accommodate the heavy and mobile plant required to meet the growing needs of the Georges River community.

 

GRC Depot Masterplan

 

7.      The Draft GRC Depot Masterplan provides best-in-class design that aligns with Council’s key strategic objectives for the provision of a modern, progressive, state of the art facility that brings together the essential community services of park and open space maintenance, cleansing, civil trades and maintenance and fleet maintenance in one location, rationalising resources and delivering efficiencies that focus on cost effectiveness, improved service levels and increased value to the community.

 

8.      Since engaging the services of Group GSA to develop the GRC Depot Masterplan, several iterations of the proposed layout and provision of onsite services and facilities have been reviewed in consultation with Council staff to ensure alignment with the project scope and objectives, and to provide a fit-for-purpose conceptual design.

 

9.      The objectives of the Masterplan include improving customer serviceability, work health and safety, productivity and sustainability.

 

10.    The Draft GRC Depot Masterplan concept includes the following:

a.   A two level office and amenities building, with off-street car parking outside of the operational zone, training room, offices and administration (approx. 680m2 per floor – only one floor required for Engineering Operations)

b.   The administration building will also accommodate the Emergency Operations Centre (EOC)

c.   Lunchroom, amenities and outdoor break out zone

d.   A mechanical workshop comprising 10 bays, administration and storage zone (approx. 720m2)

e.   Trade workshops to house metal work, carpentry, sign writing and painting (approx. 430m2)

f.    A storage warehouse (approx. 300m2)

g.   Operational storage bays for mobile maintenance crews

h.   Waste and material storage bays

i.    Hardstand parking areas for operational vehicles (with an optional roof over structure)

 

11.    The final draft GRC Depot Masterplan and conceptual layout meets all of the functional requirements of Engineering Operations, while providing scope for future accommodation of Council staff if required.

 

12.    Further detailed design and engineering work is required to finalise the GRC Depot Masterplan and provide more accurate capital cost estimates

 

 

 

 

 

Preliminary Business Case – GRC Depot Consolidation

 

13.    The Preliminary Business Case has been prepared in accordance with the NSW Government Guidelines for Capital Business Cases – TPP 08-5 released in December 2008 and also meets the NSW Division of Local Government Capital Expenditure Guidelines. 

 

14.    The Preliminary Business Case includes the following:

a.   the opportunity available to Council

b.   the case for change – drivers of change, the service need, priority of service and stakeholder engagement

c.   analysis of the proposal (quantitative and qualitative) – options, indicative program, benefits realisation, capital and operating costs, funding options, potential savings and risk analysis

d.   Implementation – governance, probity and next steps required to develop Final Business Case

 

15.    Options included in the Preliminary Business Case include:

 

Option

Description

Do Nothing

Maintain the status quo, with the ongoing operation of the existing depots at Mortdale and Carlton. 

Option 1

Two storey office building, large training room, amenities and lunchroom, 10 bay mechanical workshop, 5 trades workshops, store and storage facilities, hard stand area for operational vehicle

Option 2

Identical to Option 1 with additional of Community Recycling Facility at 7 Depot Road

Option 3

Similar to Option 1, with single storey office building (and provision for second storey)

Option 4

Similar to Option 1, with provision for roof structure over operational parking area

 

16.    The options provide a flexible approach for determining the final outcome of the redevelopment of the Mortdale Depot as well as whether certain infrastructure should be included initially, or at a later stage.

 

17.    Capital costs provided in the Preliminary Business Case for each option were assessed as part of the development of the GRC Depot Masterplan.  Two independent quantity survey reports were prepared, with costs for all items within 10%.  The preliminary case has been based on the mid-point of the two cost estimates.

 

18.    Detailed design and engineering work is required to provide more accurate capital costs associated with the redevelopment of the site. 

 

19.    There are a number of funding options highlighted in the Preliminary Business Case including debt funding (TCorp), disposal or lease of the Carlton Depot and disposal or lease of the Kogarah Civic Centre asset.  The source of funding will be further developed as part of the Final Business Case.  The leasing of the Carlton Depot is preferred based on the incremental impact on the Net Present Value resulting from the financial analysis.

 

 

 

 

 

 

20.    The financial analysis of options, in the absence of solid and quantifiable recurrent cost impacts, is limited to identifying the relative net present value (NPV) of each option based on differences in:

ð Capital costs for implementing each option

ð The associated cost of funding the capital investment

ð The projected revenues derived by either selling or leasing the vacated Carlton Depot site (for Options 1 to 4)

 

21.    The Preliminary Business Case identifies the need to derive recurring cost savings or revenues of between $550,000 (for the lowest cost option) and $1,150,000 (for highest cost option). 

 

22.    Potential recurring cost savings and benefits associated with the redevelopment of the Mortdale Depot include:

a.   Leasing the second level of administration building - $150,000

b.   Energy efficiency savings - $306,000

c.   Water efficiency savings - $74,000

d.   Avoidance of statutory and urgent repairs and maintenance - $280,000

e.   Costs associated with continuing operation of the Carlton depot - $200,000

 

23.    Productivity savings have not been quantified as part of the Preliminary Business Case.  The potential cost savings and benefits identified require further details analysis and verification prior to the Final Business Case development phase.

 

24.    The preferred option is the redevelopment of the Mortdale Depot, in line with the GRC Depot Masterplan (Options 1 & 2). 

 

25.    The Preliminary Business Case identifies a governance structure that would guide the project through the Final Business Case development phase

 

Financial Implications

 

26.    Within budget allocation at this preliminary stage.

 

 

ATTACHMENTS

Attachment View1

Preliminary Business Case - Final

Attachment View2

GRC Mortdale Depot GroupGSA FINAL DRAFT

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL202-17             Georges River Council Depot Masterplan and Preliminary Depot Consolidation Business Case

[Appendix 1]          Preliminary Business Case - Final

 

 

Page 306

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL202-17             Georges River Council Depot Masterplan and Preliminary Depot Consolidation Business Case

[Appendix 2]          GRC Mortdale Depot GroupGSA FINAL DRAFT

 

 

Page 363

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 573

Item:                   CCL203-17        Exhibition Outcome - Georges River Council Community Lease Policy 

Author:              Strategic Property Officer

Directorate:      Office of the General Manager

Matter Type:     Assets and Infrastructure

 

Recommendation

(a)     That draft Georges River Council Community Lease Policy as amended and attached to this report be adopted by Council;

(b)     That the General Manager be delegated authority to negotiate, consent and enter into leases for the use of Council owned community land or Crown land vested in Council and to perform all other actions necessary for the granting of such leases including dealing with all variations to such leases.

 

Executive Summary

 

1.      The draft Georges River Council Community Lease Policy (draft Policy) has been developed to provide a framework through which Council can determine the suitability of community groups to occupy Council owned and managed land and buildings.   In addition, the policy will also apply to Council owned sporting and recreational facilities which may or may not be capable of supporting a commercial return.

 

2.      The draft Georges River Council Community Lease Policy has been publicly exhibited and is now ready for adoption.

 

3.      Council at its meeting on 7 August 2017 resolved the following:

 

a.    That draft Georges River Council Community Lease Policy be deferred for consideration at the next meeting of Council.

 

4.      This report has now been resubmitted for consideration at the next Council meeting dated 4 September 2017, as per the Council resolution.

 

Background

 

5.      Council at its meeting on 7 August 2017 resolved the following:

 

a.    That draft Georges River Council Community Lease Policy be deferred for consideration at the next meeting of Council.

 

6.      This report has now been resubmitted for consideration at the next Council meeting dated 4 September 2017, as per the Council resolution.

 

7.      Council at its meeting on 5 June 2017 resolved the following:

 

a.    That the draft Property Asset Strategy and Business Plan, Community Lease Policy and Property Acquisition and Disposal Policy be exhibited for a period of no less than 28 days and that current lessees be advised of the exhibition.

 

b.    That submissions received during the public exhibition period be reported to Council, together with recommended amendments for Council’s endorsement.

 

8.      The draft Policy was placed on public exhibition from 21 June to 19 July 2017.  As part of the exhibition process, the draft Policy was placed on Councils web page with a public notification appearing in the St George Leader on 21 June 2017.

 

9.      As per Council’s resolution (5b) above, a letter notifying Council’s current community tenants of the proposed Community Lease Policy and exhibition period was sent to each tenant on 19 June 2017.

 

10.    A copy of the draft Policy was also made available at all Council’s public libraries and Customer Service Centre at Kogarah and Hurstville.

 

11.    During this period three (3) formal submissions were received, and one (1) verbal suggestion.

 

12.    After the exhibition period closed three (3) late submissions were received and will be addressed via a separate process. These submissions expressed similar concerns as the on-time submissions.

 

13.    During the public exhibition period, an informal ‘peer review’ of the draft Community Lease Policy was undertaken.  The following amendments were made to the Policy in response to the comments received:

 

(a)     Adding clause vii under the heading “General Conditions”.

 

(b)     Moving the building and maintenance criteria in “Criteria for Determining Subsidies to Community Groups” to the end of the list.

 

14.    Public submissions covered a range of topics including length of tenure, annual subsidised rentals, competitive tender requirements capital investment and capacity to meet community needs.

 

15.    Where submissions contain return addresses, a response will be sent to individuals detailing how Council has addressed the submission.

 

16.    A summary of the submissions and issues raised are detailed in Table 1 below.

 

Table 1: Summary of Public Submissions

 

No

Date of Receipt

Type

Subject/s of

Submission

Summary of Issues Raised

1

12 July 2017

Community Organisation Email

length of tenure, annual subsidised rentals, competitive tender requirements capital investment and capacity to meet community needs.

·   Move to “short-term” leases of 5 years

·   Subsidised rentals reviewed on an annual basis

·   Policy reads as continuing occupation leases require an open and competitive tender

·   Requirement of $100,000 capital investment threshold for long term leases (over 5 years)

·   Policy needs to reinforce the community needs aspect

No

Date of Receipt

Type

Subject/s of

Submission

Summary of Issues Raised

2

18 July 2017

Community Organisation Email

length of tenure, annual subsidised rentals, competitive tender requirements capital investment and capacity to meet community needs.

·   Move to “short-term” leases of 5 years not long enough. Terms should be min 10 years

·   Policy reads as continuing occupation leases require an open and competitive tender

·   Requirement of $100,000 capital investment threshold for long term leases (over 5 years) should be removed

3

18 July 2017

Community Organisation Email

Lease terms, annual subsidised rentals, competitive tender requirements and capital investment requirement.

·   Move to “short-term” leases of 5 years not long enough.

·   Policy reads as continuing occupation leases require an open and competitive tender

·   Subsidised rentals not confirmed in the lease for the duration

·   Concern re the use of rental valuation to set the base rate prior to any subsidies being included

·   Requirement of $100,000 capital

·   investment threshold for long term leases (over 5 years) should be removed

4

10 July 2017

Community Organisation Verbal (informal)

Maintenance of buildings

Request for policy to address maintenance responsibilities for heritage listed properties currently used for community lease purposes.

 

17.    Following the exhibition period and review of the submissions, Council’s draft Community Lease Policy has been amended with the following items of particular note:

 

a.    Clarification around when a community facility will be subject to a tender or expression of interest has been made in section 4.8 Community Facilities

 

18.    A response to submissions is contained in Table 2.

 

Table 2: Response to Submissions

 

No

Subject/s of Submission

Response

1

Many community organisations will not be able to reach the capital investment threshold of $100,000 for long term leases

Council has no desire to eliminate smaller community groups from long term leases; the purpose of the policy is to allow an equitable, open and transparent approach to determining community leases.

 

In relation to the examples cited in your submission, under the policy, a longer term lease would be accommodated, as the capital investment clearly exceeded the $100,000 threshold.

Your concern that a small not-for-profit (NFP) may not meet the $100,000 threshold for long-term leases has been noted, however no change to the policy has been made.

 

The placing of an annual subsidised rental clause in future leasing arrangements provides no financial certainty to NFP community organisations beyond 12 months. We find no genuine reason why the council would offer 5 year leases but would not guarantee stable lease terms.

Your concern has been noted, however, annual subsidies have been and will continue to be at the discretion of Council. The Intent behind this clause is to clearly demonstrate the assistance provided by Council to the community in our community leases, on an annual basis.

 

 

Many councils do not insist on NFPs competing in open market tenders for continuing occupation of community facilities. We do not object to competitive tenders for vacant possession however, insisting that an existing NFP tender for retention of occupancy has the potential to disrupt service certainty.

This has been noted. The policy has been updated to more clearly define when a competitive tender or expression of interest is required by adding the words “in cases where, in Council’s view, a facility has been underutilised or becomes vacant.”

 

The policy statement on page 4 should be revised to include a broad commitment to supporting community organisations in delivering services to vulnerable members of our local community through provision of community facilities.

Agreed, the policy has been updated with the inclusion of the statement “Council is committed to supporting community organisations in delivering services to our local community through the provision of community facilities.”

 

 

The $100,000 capital investment threshold requirement for long term leases (>5 years) should be removed from the policy.

This has been noted, however no change to the policy has been made

 

Subsidised rental commitments should be confirmed as a long term commitment and not reviewed annually.

This has been noted, however subsidised rentals will remain at the discretion of Council.

 

 

For long standing NFP community organisations that can demonstrate compliance with lease terms and continued direct service to vulnerable people there should be a presumption of lease renewal.

Agreed, the policy has been updated to clarify when an expression of interest or competitive tender would be required.

    

 

The policy should reinforce the capacity to meet community needs rather than ability to pay a lease fees should determine the selection decision.

Noted, we believe the matrix provides a balance in regards to community needs and lessees obligations.

2

Council should exempt small to medium size locally based, locally managed not-for-profit organisations who have invested many years and resources into Georges River LGA from the proposed “Draft Leasing Policy”. Leases to be renewed as per the existing conditions

Five years provides uncertainty for many groups and does hinder planning and future activities which is then detrimental to the community of the Georges River Council.

Council has no desire to eliminate smaller community groups from long term leases; the purpose of the policy is to allow an equitable, open and transparent approach to determining community leases which requires that all new community leases are assessed in accordance with the same Policy.

 

 

A stable lease term is what Council should be providing to community organisations.

Lease terms should be offered at a minimum of 10 years with an option for a further 10 years.

This should not be at a subsidised rate but rather a partnership agreement between the service provider and Council which should stipulate and include, that services delivered by these organisations should be first and foremost for the benefit of the constituents of Georges River LGA

This has been noted however no changes have been made to the Policy in regards to the lease terms.

 

Council should continue supporting existing not-for-profit community organisations who have current existing leases and not require them to tender for their leases.

This has been noted. The policy has been updated to more clearly define when a competitive tender or expression of interest is required by adding the words “in cases where, in Council’s view, a facility has been underutilised or becomes vacant.”

 

There should be a recognition by Georges River Council that community organisations such as ours have a vested interest in the venue we occupy …We have created a community Hub in the venue where many services operate out of. We have taken on the responsibility of co-ordinating these services to provide much needed programs for our local families and senior groups.

The policy has been updated with the inclusion of the statement “Council is committed to supporting community organisations in delivering services to our local community through the provision of community facilities.”

 

It is our view that the current draft Lease Policy favours the organisations ability to meet the lease fees rather than meeting community needs.

We therefore propose that the $100,000 Capital Works threshold be removed.

Noted, we believe the matrix provides a balance in regards to community needs and lessees obligations. No change to the $100,000 threshold for long-term leases has been made.

3

Short Term – The preference for short term leases of up to 5 years does not provide community organisations with security or stability. It has been identified by Council that this option allows for better asset management and community services planning, but it is not clear as to how better community services planning can be achieved through the introduction of short term leases?

Council’s preference of short term leases of five years, assists with ensuring the community services supported financially by Council align with changing community needs. This will generally align with Councils community strategic plan.

 

Long Term – Council has identified that leases of greater than 5 years should be avoided in most situations because they can represent a potential desire to “exclude council and the wider community from gaining access to buildings/facilities”. We would argue that this position could have unintended consequences for most community organisations and that there would be other avenues for Council to consider in order to retain access to Council owned property.

Your concern has been noted, however no change to the Policy in regards to lease terms have been made.

 

Capital Works Threshold - The stipulation that organisations who enter into leases of greater than 5 years will only have said leases accepted where they can prove to Council’s satisfaction that they intend to spend at least $100,000 in new capital works would in most cases eliminate community organisations from ever entering into long term lease arrangements. To add, there is no reasonable rationale for a community organisation to agree to spend that amount of money where there may not be any need of such spending other then it being a lease requirement?

Council has no desire to eliminate smaller community groups from long term leases; the purpose of the policy is to allow an equitable, open and transparent approach to determining community leases.

In relation to the examples cited in your submission, under the policy, a longer term lease would be accommodated, as the capital investment exceeded the $100,000 threshold.

Your concern that a small not-for-profit (NFP) may not meet the $100,000 threshold for long-term leases has been noted, however no change to the policy has been made.

 

We support Councils obligation for transparency in spending, and understand that subsidised rent is an indirect form of financial support, however the proposed criteria for determining subsidies to community groups in Table 1 is, in our opinion subjective and relies on a complex weighting criteria.

Noted, we believe the matrix provides a balance in regards to community needs and lessees obligations.

 

We find it difficult to understand how Council could enter into a 5 year lease agreement with a community organisation without guaranteeing the lease terms (subsidised rental clause that is determined on an annual basis).

Your concern has been noted, however, annual subsidies have been and will continue to be at the discretion of Council. The Intent behind this clause is to clearly demonstrate the assistance provided by Council to the community in our community leases, on an annual basis.

 

We understand the position of Council to offer community facilities subject to an open and competitive process; however it is our recommendation that this competition is limited to vacant properties or properties where tenants have been deemed to be in breach of lease agreements. In instances where community organisations have occupied Council owned premises without incident for the duration of said lease then these organisations should be given first option to renew such leases.

This has been noted. The policy has been updated to more clearly define when a competitive tender or expression of interest is required by adding the words “in cases where, in Council’s view, a facility has been underutilised or becomes vacant.”

 

KCS has real concerns that the calculation of rental based on independent valuation advice will significantly limit community organisations from being suitable to tender for Council owned properties. Small-medium sized community organisations regularly offer subsidised or nil cost services to the community to ensure that our services are inclusive and available to those who are in most need. In the event that we are required to pay rental based on market rates, our vulnerable community members will be impacted significantly as we adjust our budgets to cover increased overhead costs.

 

The market valuation will assist Council to determine a baseline figure, from which to apply the applicable subsidy.

 

Council include a statement in the policy about its ongoing support of the work community organisations undertake in the local community and that this work is often not possible without support such as the provision of community facilities by Councils.

Agreed, the policy has been updated with the inclusion of the statement “Council is committed to supporting community organisations in delivering services to our local community through the provision of community facilities.”

 

That competitive tendering is introduced only when a property is vacant or is not being managed in accordance with the lease agreement.

Agreed, the policy has been updated to clarify when an expression of interest or competitive tender would be required.

 

Those community organisations that have successfully completed a full lease term have the first option to renew such lease agreement.

This has been noted, the policy has been updated to clarify when an expression of interest or competitive tender would be required. However no ‘first option to renew’ clause has been included.

 

That any subsidised rental agreements are confirmed for the duration of the lease agreement.

This has been noted, however subsidised rentals will remain at the discretion of Council.

 

That the commitment to $100,000 capital requirement be removed.

This has been noted, however no change to the policy has been made.

4

Verbal Suggestion:

That the policy should address maintenance responsibilities for heritage listed community properties.

This will be addressed in the terms and conditions of individual leases relating to a heritage listed property.

 

19.    For the purpose of this report and as per the draft Policy, the term “lease” will be deemed to include any tenure agreement that is either a lease, licence or other deed of tenure. 

 

20.    It is proposed that in dealing with community leases, that the General Manager be delegated authority to negotiate, consent and enter into leases for the use of Council owned community land or Crown land vested in Council and to perform all other actions necessary for the granting of such leases including dealing with all variations to such leases to a maximum of 21 years and generally in accordance with the community provisions of the Local Government, 1993.

 

21.    Following review, the anticipated Crown Lands transfer is not expected to have any adverse impact on the Community Leasing Policy.  (Please refer to the Crown Lands transfer negotiation report on this same Agenda).

 

Financial Implications

 

22.    No adverse budget impact for this report. 

 

File Reference

SF17/829

 

ATTACHMENTS

Attachment View1

Georges River Council Policy - Community Lease Policy

 


Georges River Council - Ordinary Meeting - Monday, 4 September 2017

CCL203-17             Exhibition Outcome - Georges River Council Community Lease Policy

[Appendix 1]          Georges River Council Policy - Community Lease Policy

 

 

Page 581

 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 4 September 2017                                                                       Page 593

Item:                   CCL204-17        Georges River Council Traffic Advisory Committee Meeting - 15 August 2017 

Author:              Traffic Engineer

Directorate:      Assets and Infrastructure

Matter Type:     Assets and Infrastructure

 

 

Recommendation

That the recommendations contained within the minutes of the Georges River Traffic Advisory Committee Meeting held on 15 August 2017 be adopted by Council.

 

Executive Summary

 

1.      The Minutes of the Georges River Traffic Advisory Committee Meeting held on 15 August 2017 are submitted to Council for consideration and adoption.

 

Background

 

2.      The Traffic Advisory Committee Meeting on 15 August 2017 was held at Hurstville Civic Centre.

 

Financial Implications

 

3.      Budget allocation

a.   RMS Traffic Facilities Grant       $384,080

b.   LATM Projects                               $40,000

 

4.      Balance to date

a.   RMS Traffic Facilities Grant       $191,274

b.   LATM Pr