Council MeetinG

 

MINUTES OF MEETING

Monday, 4 September 2017

 Present

Council Members

Administrator, Mr John Rayner 

Council Staff

General Manager, Ms Gail Connolly

Director Assets and Infrastructure, Mr Laurie O’Connor

Director Environment and Planning, Ms Meryl Bishop

Director Community and Culture, Mr David Tuxford

Chief Operating Officer, Ms Carole Todd

Director Transformation and Change, Ms Marissa Racomelara

Executive Manager, Office of the General Manager, Ms Rebekah Schulz

Head of Executive Services, Ms Jennifer Anderson

Executive Support Officer, Ms Amanda Janvrin

 

 

Opening

The Administrator, Mr J Rayner opened the meeting at 6.02pm.

 

Acknowledgement of Country

The Administrator acknowledged the traditional custodians of the land, the Biddegal people.

 

Apologies 

There were no apologies.


 

Disclosure of Interest

The Administrator made a statement and requested it be recorded in the Minutes.

 

Re: CCL189-17 Status Report – Companion Animal Management

 

The Code of Conduct provides:

 

Conflict of Interest

“4.1   A conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your public duty.”

 

I was General Manager of Sutherland Shire Council until September 2015.

 

          I have not been involved in any negotiations or discussions which have taken place between Georges River and Sutherland Shire Councils.”

 

Public Participation on Items Listed on the Agenda

Procedural Motion

 

The Administrator resolved that standing orders be suspended in order to allow registered speakers to address the Council at 6.06pm.

 

Name

Agenda item

Mr Don Heap

Administrator’s Minute # 32    
Car Parking Hurstville

Mr Greg Moar

Administrator’s Minute # 33    
Proposed Lease of 25 Cook Street, Mortdale to Mortdale Men’s Shed

Mr James Deli

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

 

PROCEDURAL MOTION

 

The Administrator resolved that standing orders be resumed at 6.16pm.

Administrator’s Minutes

Minute Number: 29

 

‘Legends’ Pro-Am Hurstville Golf Course

 

Up to 2015 the former Hurstville City Council and in 2016 Georges River Council hosted the ‘Wayne Riley’ Legends Pro-Am.

 

The 2017 event will be held on Friday 24 November at Council’s Hurstville Golf Course.


 

 

As in past years, the income and expenditure for the events is recorded in Council’s books of account. Council also provides a level of ‘in kind’ support to the event.

 

Proceeds from the event will go to St George Hospital’s Cancer Care Unit.

 

The Administrator moved and declared carried:

 

That, as provided under s356 of the Local Government Council Act, Council provide assistance with the conduct of the 2016 Wayne Riley Georges River Council Legends Pro-AM.

 

Minute Number: 30

 

St George & Sutherland Medical Research Foundation

The St George & Sutherland Medical Research Foundation is a charity which raises both funds and awareness for the vital work of the medical researchers at St George and Sutherland hospitals.

 

As two of Australia’s leading teaching hospitals, the research undertaken at St George and Sutherland Hospitals is vast and varied. This typically means that the requests for research funding outstrip the Foundation’s limited resources.

 

The Foundation’s philosophy has been to prioritise promising new research or emerging researchers who are on the cusp of securing more substantive external competitive grant funding. For example of the total of 18 grant recipients since 2008, two are “very early” (doctoral scholars), 14 are “early career” researchers and only two are considered to be “mid-career”.

 

A number of highly significant achievements by promising researchers have been supported by the Foundation representing tangible evidence that the Foundation is making a substantive difference.

 

Council has received two requests to support events which will raise money for the Foundation:

                                              

1 – The Hon Secretary – St George District Cricket Club

 

“In each of the last three years our Club has undertaken a fundraising event to support the St George Sutherland Medical Research Foundation. On previous occasions both Kogarah and Hurstville Councils contributed donations.

 

This year we are again undertaking a Charity Walk, this time on Saturday 2 September commencing at Harold Fraser Oval before heading through Hurstville Grove, Mortdale, Peakhurst, Penshurst, Hurstville, ultimately arriving at Hurstville Oval, during the lunch break of the NSW State trial match”.

 

2 - St George & Sutherland Medical Research Foundation / Michael Tynan Memorial Challenge

 

The St George & Sutherland Medical Research Foundation applied for a community grant for the Michael Tynan Memorial Challenge. The application was deemed to be not eligible as the project was a fund raising activity.


 

 

The proposal has now been submitted seeking a donation from Council. The “challenge” to be held on 11 November 2017 includes a walk and car rally, from Wollongong to Cronulla, plus an evening event.

 

The challenge is managed by both SSMRF and Tynan Motors.

 

Under the recently adopted Sponsorship and Donations Policy, 3.6 “Outgoing Sponsorships and Donations will not be extended to third parties conducting or participating in a fundraising activity for charitable causes”.

 

This means Council, if it wishes to support the recipient charity it must donate directly, in this case to the Foundation.

 

The applicants will be required to recognise Council’s donation at their event.

 

The Administrator declared and carried:

 

1.         That in accordance with Council’s sponsorship and Donations Policy, Council Donate $10,000 to the St George & Sutherland Medical Research Foundation.

 

2.         That the organisers of this ‘Charity Walk’ and the ‘Challenge’ be advised of the direct donation and be requested to acknowledge the Council’s donation in their promotional material and at the various events.

 

Procedural Motion

 

The Administrator resolved that standing orders be suspended at 6.20pm in order to advise that Administrator’s Minute No 31 will be dealt with at the end of the meeting.

 

Procedural Motion

 

The Administrator resolved that standing orders be resumed at 6.21pm.

 

Minute Number: 32

 

Car Parking - Hurstville

 

Note:     The Administrator tabled a Petition from 239 signatories regarding the Waratah Private Hospital Car Park Hourly Rates.

 

There is concern at a number of recent decisions which have resulted in a reduction of spaces available to the community in the MacMahon Street/Patrick Street car park and the reduction of free parking under the Waratah Private Hospital.

 

Mr Don Heap made a presentation on the issues to the meeting of Council held on 7 August 2017. Mr Heap also presented a petition to the Administrator and General Manager on 17 August 2017.

 

“We the undersigned petitioners request for;

The Administrator, John Rayner, of Georges River Council to revert the present Waratah Private Hospital car parking arrangements of one free hour & rates to the previous car parking arrangements of three free hours & lower rates at the next council meeting on 4 SEPTEMBER 2017.”

 

The petition contained 239 signatures and is hereby tabled.

 

Council has also received many complaints from residents about the general lack of parking in Hurstville.

 

MacMahon Street/ Patrick Street Car Park

Following the co-location of administrative and technical staff to Hurstville Civic Centre, the western section of the MacMahon Street/Patrick Street Car Park was closed to the public initially between the hours of 6am to 6pm and currently from 6am to 4pm (Monday to Friday) to accommodate authorised vehicles which are required throughout the day for Council business.

This decision meant that 33 spaces were not available for public use between those hours on weekdays.

Negotiations have been underway since May 2017 and arrangements have now been negotiated with the owners of the Waratah Hospital Car Park to occupy under licence 50 spaces at an annual cost of $99,000. This means that almost immediately the MacMahon street spaces can be made available to the community, providing 3 hour free parking at the times available in the adjacent car park.

Public Car Parking – Waratah Hospital

There is quite a history associated with public parking in the car park below Waratah Hospital. The site was originally an at grade car park providing approximately 100 spaces.

I have been advised that:

1.    Prior to the construction of the hospital, Council owned the corner of Dora Street and Queens Road, using the site as an at grade car park.

 

2.    In 2006, Council resolved to sell the Dora Street car park to Cortez Enterprises subject to the provision of 150 public car spaces, ground floor retail space and 30 retail car spaces to Council.

 

3.    The sale of the land was undertaken at full commercial rates; i.e.: the sale price was not discounted to offset the requirements for public car parking to be provided in the new development, as it was understood that all of the public car spaces would be managed as a commercial (paid) car park.

 

4.    Council is the owner of a 150 public car parking spaces located below the Waratah Private Hospital Hurstville. The car spaces are situated on basement levels B2, B3, B4 and B5. In addition to the Council owned parking, the Hospital, as part of its development consent, had to make an additional 100 car parking spaces available for public and patients/visitor parking (operated as a commercial car park).

 

5.    In June 2006, Development Approval was granted:

o   Clause 148: “A total of one hundred and ten (110) car spaces of the three hundred and fifty (350) car spaces required to satisfy the parking demand for the building shall be offered by the applicant to be managed by Hurstville City Council as public parking spaces, in addition to the one hundred and fifty (150) public parking spaces proposed in this application.”

NOTE: there was no specific requirement in the approval for free parking hours.

 

6.    In January 2010 Council wrote to the owners of the Hospital that its requirement was for paid parking on the site with 1 hour free only.

 

7.    When the hospital was constructed (circa 2011) the underground car park provided the public with 1 hour free parking with commercial rates charged thereafter.

 

8.    The development consent did not specify any parking rates or a time component associated with the reinstated public parking at this facility (only that it was to be managed by Council). Note: Council has never managed the spaces.

 

9.    In June 2013, Council resolved to extend the free parking from 1 hour to 2 hours. These fees were advertised in accordance with the Local Government Act 1993 and put in place.

 

10. The owner (a consortium Evolution Healthcare, Generation Healthcare REIT and Goldman Sachs which bought the hospital following the previous owner being placed into voluntary liquidation in 2013) agreed to the new arrangement, subject to Council paying compensation for any loss incurred by the owner for the additional free parking period.

 

11. On 5 November 2014, in response to Mayoral Minute #475, Council extended free parking to the first 3 hours. The public consultation to amend the fees and charges, as is required by the Local Government Act, did not take place. Negotiations with the owners of the building also did not occur.

 

12. Without a public consultation process, there was subsequently no formal opportunity for the owners to comment on the proposed changes – which was in any case not supported by the new hospital owners (the consortium).

 

13. However, in a sign of goodwill, the consortium agreed to the change in free parking (3 hours free) until February 2016, on the basis that Council would once again compensate them for the additional loss in revenue that would result from the change.

 

14. In February 2016, the former Hurstville City Council decided that it did not wish to change the 3 hour free arrangements and took decisions relating to management of the spaces. Council ceased any payment of compensation to the consortium from this point onwards.

 

15. In face of the mounting costs and revenue losses from the car park, and in relation to the management and operation of the car park, the consortium met with the General Manager on several occasions during late 2016 and early 2017. Most recently in June 2017, the consortium discussed the proposal to limit free parking and subsequently prepared a submission to the Georges River Operational Plan 2017-2018 that was on public exhibition at the time.

 

16. May-June 2017 – Draft Operational Plan on exhibition.

 

17. June 2017 – Operational Plan adopted with change of free parking hours from 3 hours to 1 hour on Monday – Saturday’s.


 

 

Draft Operational Plan 2017/18

During the period the Draft Operational Plan was on exhibition, Generation Healthcare wrote to Council on 21 June 2017, outlining the business case for reducing the then current 3 hours to 1 hour.

This was reported to the Council meeting on 29 June 2017:

“6

21 June 2017

Email from

CBD property owner

Comment on proposed fees and charges for Waratah Private Hospital carpark

Requesting change to hourly and daily parking rates at Waratah Private Hospital carpark”

 

Appendix 3 included the following references:

 

·         Page 221 – “the following textual changes are proposed”

“4.21

Car parking – Waratah Private Hospital Metered Parking

Pricing Policy: Agreed to change daily and hourly rates consistent with the original development approval”

 

·         Page 201 – “Response to issues”

“1 (one) submission received on fees and charges requesting change to hourly and daily parking rates at Waratah Private Hospital carpark.

Agreed to change parking rates consistent with the original Development Consent and to cover Council’s annual costs of maintaining the public car parking spaces within the Hospital building.”

The draft Operational Plan, adopted for exhibition, proposed a slight increase in hourly parking fees with no change to the 3 hour free period.

The report to the Council meeting on 29 June 2017, included:

“4.21

Car parking – Waratah Private Hospital Metered Parking

Various

Various

Changes to hourly and daily parking rates”

 

The reporting of this important change to parking arrangements to the public and to the Council was inadequate and contrary to Council’s “open and transparent” approach. It gave no indication to the community or the Administrator that there was to be a change to the free parking period.

Development Consent

The original development consent for the building and public car park (June 2006), was inadequate in terms of the requirements for any free public car parking. Upon opening 1 hour free was provided in all public car spaces.


 

 

A section 96 application is currently before Council to vary the consent.

 

Condition 148 reads:

 

“A total of one hundred an ten (110) car spaces of the three hundred and fifty (350) car space required to satisfy the parking demand for the building shall be offered by the applicant to be managed by Hurstville City Council as public parking spaces, in addition to the one hundred and fifty (150) public car parking spaces proposed in the application.”

 

The proposed amendment as detailed below, will address the fact that the car park has always been managed by the consortium and reflects current practise:

 

“A total of one hundred at ten (110) car spaces of the three hundred and fifty (350) car spaces required to satisfy the parking demand for the building are public parking spaces (in accordance with the applicant’s offer made at the time development consent 2005/DA-607 was granted), in addition to the one hundred and fifty (150) public parking spaces in the building that are owned by Georges River Council.”

 

The application will go before IHAP in the future, however I will be proposing that the incoming Council provide its opinion on the proposal, having regard to Council’s legal advice on the matter.

 

Where To From Here

 

The relationship between the owners of the hospital and the Council has at times been strained.

 

There are a number of issues which need to be resolved between the parties and with good will can be agreed with fairness to each party.

 

Staff have commenced discussions with Generation Healthcare to negotiate future management and financial arrangements. The outcome will be reported to a future meeting of Council.

 

 

The Administrator moved and declared carried:

 

1.    That the Minute be received and noted.

 

2.    That the petition provided by Mr Heap be tabled.

 

3.     That the Council delegate authority to the General Manager to finalise the specific terms of the Licence Agreement to occupy 50 spaces in the Waratah Hospital car park for parking of authorised Council vehicles.

 

4.     That the General Manager hold discussions with Generation Health with a view to negotiating future management, financial and other arrangements associated with the operation of the public parking below Waratah Hospital and the outcome reported to a future meeting of Council.

 

5.     That the section 96 application (and accompanying legal advice) to vary the management responsibility for the public parking at Waratah Hospital be referred to Council for opinion.


 

 

Minute Number: 33

Proposed lease of 25 Cook Street, Mortdale to Mortdale Men’s Shed

 

Mortdale Men’s Shed (the Shed) has been providing a valuable contribution to the Georges River community at its Riverwood premises that it has occupied since 2012.  Following a decision by the NSW State Government to redevelop the Riverwood estate, the Shed has been forced to look for alternate accommodation to continue providing this community service.

 

Council has been approached on several occasions during the past year by the Shed in search of possible accommodation at a Council-owned property.  Until recently there were no suitable properties available within Council’s portfolio which could be considered for lease and occupation by the Shed.

 

In April 2017 Georges River Council successfully acquired 25 Cook Street, Mortdale with a view to demolishing the premises sometime into the future to enable expansion of the adjoining public car park.  The expansion will be complete when Council acquires the remaining dwelling at 23 Cook Street, Mortdale and the State Government allocated funds to construct a commuter car park on the site.

 

Until that time, Council has identified that the property at 25 Cook Street would satisfy the needs of the soon to be displaced Mortdale Men’s Shed.

 

Notice to vacate has previously been issued to the tenants at 25 Cook Street and the property is expected to be available from 4 October 2017.

 

The Shed has committed to lodge a DA (if necessary) in respect of the use of the land for community purposes.  The Shed has also committed to reasonable capital investment into the property (repairs and maintenance works) to facilitate the effective use of the property by the group.

 

It is considered that an appropriate lease for the premises under the above circumstances would be 5 years (an initial 3 years with a further 2 year option) with an appropriate demolition clause to protect Council’s interests over the site should circumstances change in the coming years and the site is required.

 

Whilst the property has the potential to yield approximately $35,000 per annum if rented for residential purposes, Council’s draft Community Leasing Policy allows for this amount to be reduced in recognition of significant contributions made by Georges River community groups such as the Men’s Shed. 

 

Pursuant to the criteria in the draft Community Leasing Policy, the Mortdale Men’s Shed would be required to pay the minimum rent for a community group of $479 per annum plus GST (minimum applicable Crown Land fee).

 

Member for Oatley, Parliamentary Secretary for Transport & Infrastructure, Mark Coure MP is supportive of the proposal to create the Men’s Shed at the location for this short period.

 


 

 

The Administrator moved and declared carried:

 

That the Mortdale Men’s Shed be granted a lease for a 5 year term (3 years plus 2 year option) for a nominal rental fee of $479 per annum (plus GST) for the premises located at 25 Cook Street, Mortdale.

 

 

Minute Number: 35

 

Nepal Fellowship Project

 

Local Government Professionals Australia (LGPA) invited local councils from around Australia to participate in the Nepal Fellowship Project to support Nepal’s decentralisation process. Georges River Council is one of only three councils from across Australia to have been selected to participate in the project between September and November 2017.

 

The aim of LGPA’s Nepal Fellowship project is to build the capacity of local government professionals in Nepal by creating a bridge between the local government sectors of Australia and Nepal, allowing participants to share experiences and expertise.

 

Over a three year period, 15 Nepalese fellows will visit Australia for two weeks, and seven Australian local government professionals will visit Nepal for one week each year. As part of their visit to Australia, the Nepalese fellows will be hosted by Australian councils for one week to experience day-to-day operations and share learnings on-site.

 

Georges River Council will host the visiting Nepalese fellows from 18 to 22 September 2017, and a full itinerary has been planned.

 

Host Australian councils were invited to nominate up to two representatives to visit Nepal for a week, to provide specialist local government expertise and guidance to the Nepalese local government sector and to experience how the local government sector works in Nepal.

 

Council’s Manager Community and Cultural Development and Executive Manager, Office of the General Manager have been nominated to represent Georges River Council in the Nepal Fellowship project.

 

Participation in the project will entail:

·         attending a one-day conference on Local Governance in the 21st Century with the visiting delegation in Canberra on Friday 15 September 2017;

·         hosting the visiting delegation of Nepalese fellows at Georges River Council from 18 to 22 September 2017;

·         attending a one-week secondment to Nepal in November 2017.

 

The Nepalese community is recognised as one of the fastest growing communities in Australia, in terms of annual growth rate of Australian population born overseas. According to 2016 Census data, Georges River Council has a Nepalese population of 5,175 residents, equating to 3.5% of our population, compared to an average of 0.7% in Greater Sydney and 0.3% in Australia. This figure is up from 1,803 residents in 2011, signifying a 287% increase in recent Nepalese migrants in the last 5 years. Nepali is now the fifth highest community language spoken in the Georges River local government area after Mandarin/Cantonese, Greek and Arabic.


 

Budget

 

LGPA will cover all travel expenses, including airfares, accommodation and per diems, as well as all associated costs with hosting the visiting delegation in Australia.

 

 

The Administrator moved and declared carried:

 

1.      That staff be congratulated on their success in being selected to participate in the project.

 

2.      That Georges River Council participates in the Local Government Professionals Australia Nepal Fellowship project.

 

3.      That Council’s Manager Community and Cultural Development and Executive Manager, Office of the General Manager represent Georges River Council in the Nepal Fellowship project.

 

Minutes of previous meetings

EXTRAORDINARY COUNCIL MEETING – 29 JUNE 2017

The Administrator moved and declared carried:

 

That the Minutes of the Extraordinary Council Meeting held on 29 June 2017, as previously made available, be adopted.

 

Council Meeting - 7 August 2017

The Administrator moved and declared carried:

 

That the Minutes of the Council Meeting held on 7 August 2017, as previously made available, be adopted.

 

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)

The Administrator moved and declared carried:

 

That considering the strategic importance of this site and that Council will soon undertake a study which will recommend a Car Parking Strategy for Hurstville, the report be referred to the October 2017 Council meeting for consideration.

 


 

 

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

(Report by Manager Strategic Planning)

The Administrator moved and declared carried:

 

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

 

 

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

(Report by Manager Strategic Planning)

The Administrator moved and declared carried:

 

 (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.

 

 

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

(Report by Manager Building Assessment)

The Administrator moved and declared carried:

 

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

 

 

CCL188-17       Summary of Development Applications lodged and determined

(Report by Manager Development and Building)

The Administrator moved and declared carried:

 

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

 

 

CCL189-17       Status Report - Companion Animal Management

(Report by Manager Environmental Health & Regulatory Services)

The Administrator moved and declared carried:

(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.

 

Finance and Governance

CCL190-17       Investment Report as at 31 July 2017

(Report by Team Leader Financial Reporting)

The Administrator moved and declared carried:

 

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

(b)     That the report to the November Council meeting be in accordance with Minute No. 94, Council Meeting 1st May 2017.

 

 

CCL191-17       2016 - 2017 Budget Expenditure Carry Over Requests

(Report by Coordinator Financial Management)

The Administrator moved and declared carried:

 

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.

 

 

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

(Report by Chief Financial Officer)

The Administrator moved and declared carried:

 

(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.

 

 

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

(Report by Executive Manager)

The Administrator moved and declared carried:

 

(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.

 

 

CCL194-17       Amalgamation Progress Report as at 30 June 2017

(Report by Director Transformation and Change)

The Administrator moved and declared carried:

 

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

 

 

CCL195-17       Georges River Council Statement of Business Ethics

(Report by Governance Officer)

The Administrator moved and declared carried:

 

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

 

 

CCL196-17       Georges River Council Councillor and Staff Interaction Policy

(Report by Executive Manager)

The Administrator moved and declared carried:

 

That the attached Georges River Council Councillor and Staff Interaction Policy be adopted as an interim policy and that it be workshopped with Councillors in October.

 

 

CCL197-17       Georges River Council Related Party Disclosures Policy

(Report by Governance Officer)

The Administrator moved and declared carried:

 

(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.

 

 

CCL198-17       Update on UOW Jubilee Oval, Kogarah

(Report by Executive Manager Premium Facilities and Properties)

The Administrator moved and declared carried:

 

The Council note the update report on UOW Jubilee Oval.

 

 

CCL199-17       Advice on Court Proceedings – August 2017

(Report by General Counsel)

The Administrator moved and declared carried:

 

(a)       That the information be received and noted.

(b)       That the report CCL211-17 be considered in conjunction with this report.

 

 

CCL211-17       Council ats Combined Projects (Hurstville) Pty Limited - 12-22 Woniora Road, Hurstville - Update on Legal Proceedings

                            (Report by General Counsel)

The Administrator moved and declared carried:

 

(a)          That Council accept and endorse the written offer dated 30 August 2017 from Combined Projects (Hurstville) Pty Limited (Developer) to enter into a Voluntary Planning Agreement (Attachment 1) for 12-22 Woniora Road, Hurstville (Property) accompanying Development Application DA154/2016 which proposes construction of 2 additional storeys to Building D in the mixed use commercial residential development approved by development consent DA 191/15 (Existing Consent) at the Property which will deliver the following public benefits:

 

              i.   the Developer will provide a monetary contribution of $1,000,000 based on the additional 6 metres height and 1,271m 2 gross floor area for providing infrastructure and embellishment improvements in and around the vicinity of the Property in the Hurstville City Centre;

 

              ii.  the cash contribution and offer will be formalised within a binding Heads of        Agreement that is to be signed prior to the determination of the         Development     Application; and

 

              iii. the final VPA will contain provisions necessary to ensure compliance with          the      provisions of the Environmental Planning and Assessment Act 1979          (EPAA).

 

(b)          That if the terms of the offer are accepted by Council, Council endorse the offer subject to a binding Heads of Agreement being entered into prior to the Developer and Council approaching the Land and Environment Court to ask for determination of the current Court proceedings 2017/64868 by way of a section 34 Agreement.

 

(c)          The Council delegate authority to the General Manager to negotiate and enter into the Heads of Agreement referred to above.

 

 

 

 

(d)          That Council delegate authority to the General Manager to negotiate the specific terms of the Voluntary Planning Agreement and to subsequently exhibit a draft of the Voluntary Planning Agreement in accordance with the relevant provisions of the EPAA.

 

(e)          That Council delegate authority to the General Manager to:

 

              i.   Authorise any minor changes to the draft Voluntary Planning Agreement following    public exhibition, provided that those changes do not diminish the value or nature   of the public benefits to be delivered as identified in (a) above; and

 

              ii.  Subsequently enter into the Voluntary Planning Agreement on behalf of Council.

 

 

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

(Report by Executive Manager Premium Facilities and Properties)

The Administrator moved and declared carried:

 

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.

 

 

Assets and Infrastructure

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

(Report by Strategic Property Officer)

The Administrator moved and declared carried:

 

(a)     That Council grant an Easement to Drain Water over LOT B in DP379415 as detailed in this report, and in accordance with the valuation provided by PJC Property Services.

(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.

 

 

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

(Report by Executive Manager Engineering Operations)

The Administrator moved and declared carried:

 

(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.

 

 

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

(Report by Strategic Property Officer)

The Administrator moved and declared carried:

 

(a)     That draft Georges River Council Community Lease Policy, as amended and tabled,  be adopted;

(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.

 

 

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

(Report by Traffic Engineer)

The Administrator moved and declared carried:

 

That the recommendations contained within the minutes of the Georges River Traffic Advisory Committee Meeting held on 15 August 2017 be adopted by Council.

 

 

Community and Culture

CCL205-17       Georges River Council Library Use and Membership Policy

(Report by Acting Manager Library Services)

The Administrator moved and declared carried:

 

That Council adopt the attached Georges River Council’s Library Use and Membership Policy.

 

 

CCL206-17       Georges River Council Library Collection Development Policy

(Report by Acting Manager Library Services)

The Administrator moved and declared carried:

 

That Council adopt the attached Georges River Council’s Library Collection Development Policy.

 


 

 

CCL207-17       Georges River Councils Historical Markers Policy

(Report by Community Development Officer, Cultural Services)

The Administrator moved and declared carried:

 

(a)     That the attached Georges River Council’s Historical Markers Policy be adopted.

(b)     That further consideration be given to exploring interpretative signage for heritage sites in a number of areas within the Georges River Council local government area.

 

 

CCL208-17       Collection Management and Conservation Policy

(Report by Acting Manager Community and Cultural Development)

The Administrator moved and declared carried:

 

That Council endorse the attached Draft Collection Management and Conservation Policy for the purpose of public exhibition for a period of not less than fourteen (14) days.

 

 

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

(Report by Manager Community & Cultural Development)

The Administrator moved and declared carried:

 

That the recommendations contained within the Minutes of the Community Development and Services Advisory Committee Meeting held on Monday, 14 August 2017 be adopted by Council.

 

 

CCL210-17       Aboriginal Advisory Committee Meeting - 7 August 2017

(Report by Manager Community & Cultural Development)

The Administrator moved and declared carried:

 

(a)     That the report relating to the Aboriginal Advisory Committee meeting be received and noted by Council.

(b)     That the Agenda items from scheduled meeting that was to be held on Monday, 7 August 2017 be deferred to the next Aboriginal Advisory Committee meeting due to a lack of a quorum.

 

Confidential items (Closed Council Meeting)

Council's Code of Meeting Practice allows members of the public present to indicate whether they wish to make representations to the meeting, before it is closed to the public, as to whether the part of the meeting dealing with any or all of the matters below should or should not be considered in closed session.

 

The Administrator asked the General Manager if any representations had been received from the public that the items should not be discussed in closed session.

The General Manager replied that no representations had been received to the items in closed session.


 

 

The Administrator asked if there were any members of the public gallery who would like to speak on the reasons Council proposes to consider the item in closed session.

 

The Administrator resolved that, in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the following matter be considered in closed Council Meeting at which the press and public are excluded.  In accordance with Section 10A(2)(a): personnel matters concerning particular individuals (other than councillors).

 

Administrator Minute

Minute Number: 34

·                         General Manager’s Performance Review August 2017.

 

Open Council

The Administrator resolved that the Council meeting revert back to Open Council.

 

Consideration of Recommendations from Closed Session

The Administrator reported that the closed session (public excluded) made the following resolutions:

Minute No: 34 - General Manager’s Performance Review August 2017

1.         That the Council note that the General Manager has performed exceptionally well in meeting the requirements of the Performance Agreement and in establishing a new administration.

 

2.         That the Performance Assessment be passed onto the incoming Mayor.

 

3.         That the incoming Council agree on a Performance Agreement with the General Manager.

 

 

Minute Number: 31

 

Administrator’s End of Term Report

Introduction

Georges River Council was established by Proclamation on Thursday, 12 May 2016; merging the former Hurstville City and Kogarah City Councils. My term of appointment will end on 24th September 2017, assuming the first meeting of the elected Council will occur on 25 September 2017.

Attached to this minute is a more detailed report on many aspects of the merger.

The two former Councils were financially sound and when combined, the new Council had a population of approximately 150,000.

The New South Wales Government provided financial support and guidance and required regular reporting on performance.

The Government provided $10 million through the ‘New Council Implementation Fund’ (NCIF) to assist Council to meet the upfront costs of establishing the new Council. These funds have been and are being applied to:

·         integrating and improving systems and technology;


 

·         communications, including branding and image;

·         engaging expert implementation and strategic advice;

·         building capacity of staff with a focus on Customer Service; and

·         supporting change.

 

 

Capacity

Council received $10 million under the State Government’s ‘Stronger Communities Fund’ of which $1 million was allocated to 27 community groups, bringing forward projects worth $3 million.

 

The size of the Council, the opportunities to reduce duplication, the $7.9 million CDO dividend  and the remaining ‘Stronger Communities’ $9 million gave the Council increased capacity to:

 

·         adopt a $50 million capital program for the 2017/18 financial year;

·         address a backlog of drainage, traffic management and disability access works;

·         commence a $4.4 million amenity building upgrade or replacement program;

·         program $5.4 million of environmental works;

·         commence or prepare for major projects, upgrade of Forest Road, Penshurst sporting hub, Central Plaza Hurstville, Jubilee Park Adventure Playground and Gannons Park;

·         allocate matching funds for a synthetic playing field;

·         co-locate administrative and technical staff to Hurstville;

·         extend the voluntary pensioner rate rebate to 3,300 pensioners in the former Kogarah City Council area;

·         increase community grants from $147,000 to $400,000;

·         resume management of the strategic assets of Jubilee Oval and Carss Park War Memorial Pool;

·         focus on economic development and place making;

·         introducing employment opportunities for apprentices and people with a disability;

·         initiatives aimed at eliminating domestic violence including the area’s first White Ribbon Walk;

·         commence the development of a ‘Tree Canopy Enhancement Policy’ as part of a Urban Forest Strategy; and

·         pursue strategic planning projects, urban design, car parking, employment lands and Urban Designed Studies for Hurstville and Kogarah CBD’s.

 

Council is well on track to achieve targeted savings of $24 million over 10 years.

 

 

Governance

Establishing the new Council is more than merging and improving services. It is also about creating a positive culture within the organisation, building trust with the community and providing the highest level of customer service.

 

With the General Manager and her team, the organisation is being built around:

 

·         Openness

·         Transparency

·         Equity

·         Consistency

·         Consultation and participation

·         Integrity


 

 

These values are reflected in a number of Council’s actions, such as:

 

·         The establishment and operation of the Independent Hearing and Assessment Panel (IHAP)

·         Greater delegation to staff to determine development applications

·         Internal Auditor appointed and Independent Audit, Risk and Improvement Committee established

·         Regular reporting on performance

·         Quarterly auditing and publishing of Councillor expenses;

·         Release of previously confidential reports on property and planning matters of significant community interest;

·         Creation of a public register (on the website) for contracts awarded, donations and sponsorships, rental subsidies, disclosure of interest, community grants and Audit Committee minutes.

·         The Voluntary Planning Agreement Policy

·         A strictly limited number of confidential reports to Council.

 

A series of important governance policies have been put in place after input from the community and agencies such as ICAC.

 

A further example of the governance approach has resulted in a significant reduction in Council’s legal expenses. The use of the Independent Hearing and Assessments Panel (IHAP) and delegation, has reduced the number of matters going before the court. Ability to resolve issues through Section 34 conciliation conferences, and a preparedness to negotiate rather than litigate in appropriate circumstances, have also reduced costs.

 

 

Financial

Georges River Council is in a strong financial positon as a result of the former Councils bringing healthy balance sheets to the new organisation.

At 12 May 2016, Hurstville City Council had a cash and investment balance of $74 million and Kogarah City had $54 million.

Both former Councils had strong commercial property portfolios.

The unaudited financial results for the period to 30 June 2017, show further improvement in Council’s financial position.

 

 

Service Reviews

Combining the services of the two former Councils is underway and was a condition of the $10 million NCIF grant funding. It is anticipated that, after reviewing all Council services, they will be fully harmonised over the next two years. As part of reviewing these services, there will be consultation with the community to ensure the thoughts of customers and residents are considered whilst also delivering best value for money to ratepayers.

As an organisation, we were able to undertake merger related tasks with minimal service disruption to our customers.

 

Throughout the initial transition year, staff have 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 the community. 


 

 

Significant Strategic Issues

During the period of Administration, Council continued with decisions taken by the previous Council.

 

Hurstville Baptist Church and 23 & 25 Cook Street, Mortdale

Hurstville City Council pursued compulsory acquisition of these sites for strategic uses. The Minister for Local Government’s approval came through to Georges River Council and acquisitions have been completed after dealing with some sensitive issues. In regards to No. 23 Cook Street, Mortdale compulsory acquisition was not continued however, Council has an agreement with the owners to acquire the site in the future.

 

Former Oatley Bowling Club Site

The former Hurstville City Council proposed to rezone and reclassify the former Oatley Bowling Club site for aged housing. Whilst there is support for additional aged housing in Georges River, considerable opposition to the development of this site exists within parts of the community.

The site is not part of the Myles Dunphy Reserve.

The incoming Council will review and take the decision as to whether the Planning Proposal will proceed, subject to the Department of Planning granting any Gateway Determination.

 

 

The Future

The General Manager has appointed a strong management team and a considerable effort is going into to developing the staff to meet community expectations and the skills required in a larger contemporary organisation.

Systems, policies and procedures have been or are being improved to underpin what can be a high performing organisation.

A challenge for staff is to improve determination times for Development Applications. Work is underway to clear the backlog and improve processes.

The Council’s major challenge may be to accommodate the growth planned by the Greater Sydney Commission and at the same time, maintain the lifestyle and environmental qualities of the area. Council will also need to work with government to ensure infrastructure is delivered ahead of the growth

 

The Administrator declared and carried:

 

1.    That the Minute be received and noted.

 

2.    That the General Manager and her staff be congratulated on the process made in merging the former Councils.

 

Conclusion

The Meeting was closed at 6.44pm.

 

 

 

 

Chairperson