standing committee

Finance and Governance

Notice of Meeting

Monday, 11 December 2017

 

Tuesday, 05 December 2017

 

 

A meeting of the Finance and Governance Committee will be held  at 6.00pm on Monday 11 December at Level 1, Georges River Civic Centre, corner Dora and MacMahon Streets, Hurstville.  The agenda and reports for this meeting are available on Council's website at http://www.georgesriver.nsw.gov.au/Council/Council-Meetings.

.

 

 

 

 

 

Gail Connolly

General Manager

 

 

BUSINESS

1.      Apologies

2.      Disclosures of Interest

3.      Minutes of previous meetings                                                                   

4.      Committee Reports

 


Finance and Governance Committee Meeting

Summary of Items

Monday, 11 December 2017

 

Previous Minutes

MINUTES: Finance and Governance - 13 November 2017

Committee Reports

FIN386-17         Tender for Construction of the Penshurst Park Indoor Cricket Centre

(Report by Manager Project Delivery)......................................................................... 2

FIN387-17         Tender for the Building Expansion and Modification Works at Beverly Hills Park Sports Amenities Building

(Report by Manager Project Delivery)......................................................................... 6

FIN388-17         Tender for Cambridge Street, Penshurst - Construction of Stormwater Drainage Pipe

(Report by Manager Project Delivery)....................................................................... 10

FIN389-17         Tender for Jubilee Oval Roof Rectification Works

(Report by Manager Project Delivery)....................................................................... 14

FIN390-17         Property Matter - Lease for Air Bridge at South Street Kogarah

(Report by Head of Strategic Property)..................................................................... 17

FIN391-17         Tender for the Construction of Traffic Management Devices

(Report by Manager Project Delivery)....................................................................... 25

FIN392-17         Georges River Council Quarterly Property Portfolio Report

(Report by Strategic Property Specialist)................................................................. 30

FIN393-17         Advice on Court Proceedings - November 2017

(Report by General Counsel)..................................................................................... 37

FIN394-17         Property Matter - Illuminated Street Signs in the former Kogarah City Council Area

(Report by Strategic Property Officer)....................................................................... 48

FIN395-17         Georges River Draft Communications and Media Management Policy

(Report by Director Community and Culture)......................................................... 51

FIN396-17         Waste Services Request for Tender

(Report by Manager Environmental Health & Regulatory Services).................. 62

FIN397-17         Investment Report as at 31 October 2017

(Report by Team Leader Financial Reporting)....................................................... 68

FIN398-17         Fraud and Corruption Control Policy and Plan

(Report by Manager Governance and Risk)........................................................... 83  

 

Confidential (Closed Session)

CON025-17       Request for Tender No: F17/387 - Provision of Animal Management Services

(Report by Manager Environmental Health & Regulatory Services)

CON026-17       Property Matter - Sans Souci Bathers Pavilion

(Report by Head of Strategic Property)  

 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 11 December 2017                  Page 3

Committee Reports

Item:                   FIN386-17          Tender for Construction of the Penshurst Park Indoor Cricket Centre 

Author:              Manager Project Delivery

Directorate:      Assets and Infrastructure

Matter Type:     Committee Reports

 Recommendation

(a) That, under Section 178 (1) (b) of the Local Government (General) Regulation 2005, Council decline to accept any of the tenders for T17/025 Tender for Construction of the Penshurst Park Indoor Cricket Centre as outlined in the report.

(b) That, under Section 178 (3) (e) of the Local Government (General) Regulation 2005, Council enter into negotiations with the tenderers outlined in the attached confidential report.

(c)  That, under Section 178 (4) of the Local Government (General) Regulation 2005, Council notes that inviting fresh tenders is unlikely to resolve the issues of (1) non-conforming tenders, which do not agree to all conditions of contract and (2) significant variances from QS estimates; and, given the prices submitted, and likely competition, it is most advantageous to Council to conduct further negotiations with multiple tenderers as outlined in the confidential report.

(d) That delegation is granted to the General Manager to enter into contract with preferred tenders should negotiations result in a value-for-money outcome for Council.

(e) That Council inform the unsuccessful Tenderers of the resolution.

 

Executive Summary

1.   The purpose of this report is to advise Council of the results of the tender process completed in accordance with Part 3, Division 1, Section 55 and Section 377 of the Local Government Act 1993, for Construction of Penshurst Park Indoor Cricket Centre.

2.   The report details the tender process supporting the recommendation for Council’s consideration, with the confidential matters being contained within the confidential attachments.

 

Background

3.      In late 2015, the former Hurstville City Council adopted the Penshurst Park Plan of Management including detailed Masterplan for the site.  Key elements in the park:

·    Indoor cricket centre

·    Youth facility

·    Synthetic field and grandstand

·    Expansion to Hurstville Aquatic Leisure Centre to include additional multipurpose courts

·    Relocated children’s playground

·    Outdoor gym equipment

·    Passive recreation spaces

The park would create a Sporting Hub within the region to accommodate both passive and active recreation.

4.   In December 2015, Council appointed Baker Kavanagh Architects Pty Ltd the Contract for the Architectural Services for the Penshurst Park Sporting Hub.  The project was then divided into three (3) stages which included:

a.   Stage 1 – Construction of Indoor Cricket Centre

b.   Stage 2 – Synthetic Field, Grandstand, Youth Facility and open space elements

c.   Stage 3 – Expansion to Hurstville Aquatic Leisure Centre.

 

5.   In April 2016, the former Hurstville City Council received a $400,000 grant from Cricket Australia / Cricket NSW to contribute to the construction of the outdoor turf wickets and indoor training facility.

 

6.   A development application was lodged for the Penshurst Park Indoor Cricket Centre and Penshurst Park Masterplan and the consent was granted by the Independent Hearing and Assessment Panel on 27 October 2016.  The Construction Certificate for the works was granted on 3 August 2017.

 

7.   The key features of the Penshurst Park Indoor Cricket Centre include:

a.   Six (6) outdoor turf wickets

b.   Six (6) Indoor wickets – slow / medium / fast and spin bowling wickets

c.   Reception area and office area

d.   Male, female and accessible changerooms

e.   ASADA compliant medical room

f.    Coaching and storage rooms

g.   Baggage storage around the perimeter of the indoor wickets

h.   Kitchen and viewing area

i.    Maintenance sheds

j.    Four (4) public outdoor synthetic wickets

 

8.   Due to the large scale nature of the project, Georges River Council engaged Henry Davies York to develop the Construction Contract and act as Probity Advisor for this tender.

 

9.   The Director Assets and Infrastructure appointed a Tender Evaluation Committee for the tender prior to advertising, and all tender documentation was reviewed by the Manager Project Delivery prior to issuing. 

 

10. Tender documentation included:

a.   RFT T17/025 – Construction of Penshurst Park Indoor Cricket Centre

b.   General Conditions of Contract Incorporating AS4000-1997 (as amended)

c.   Approved Development Consent and Construction Certificates (and approved plans)

d.   Detailed Architectural, Electrical, Structural, Mechanical, Acoustic, Landscape plans and specifications for the facility

e.   Bill of Quantities for the Tender

 

11. The Tender Evaluation Committee determined the Tender Evaluation Criteria prior to advertising of the tender.  The essential criteria and mandatory criteria was determined as follows:

 

Essential Criteria

a.   Best value for money

i.    Lump Sum price and trades break-up prices;

ii.   Schedule of hourly rates;

iii.  Financial standing and position of the Tenderer.

b.   Demonstrated capacity and technical ability to carry out the works under the Contract:

i.    Specific experience and expertise in design and construct contracts;

ii.   company profile; current commitments for main and sub-contractors;

iii.  proven capacity to meet deadline; and

iv.  plant and equipment available to complete the works.

c.   Demonstrated managerial and technical capability, qualifications, experience:

i.    quality experience and  quality references of the Tenderer;

ii.   nominated site personnel CVs and previous work history; and

iii.  nominated sub-contractors CVs and previous work history with the Tenderer.

d.   Capacity to achieve the program:

i.    program shows critical paths and detailed tasks required to achieve deliverables for the project; and

ii.  sequencing of the works.

e.   Proposed methodology:

i.   traffic and  pedestrian  management plan; and

ii.  storage of materials and disposal of waste (including potential asbestos).

f.    Demonstrated capacity to fulfil the WHS and environmental requirements including insurances.

         

Mandatory Criteria

a.   Insurances:

i.    Public Liability min. $20M

ii.   Workers Compensation

iii.  Comprehensive Vehicle(s) Insurance.

b.   Compliance with quality assurance standards and systems of quality assurance.

c.   Degree of compliance with Work Health & Safety requirements.

d.   Conformity and compliance of the Tenderer’s submission with the RFT.

 

12. T17/025 Tender for Construction of Penshurst Park Indoor Cricket Centre was advertised in the Sydney Morning Herald and Tenderlink on 5 September, 6 September and 9 September 2017.

 

13. The tender closed at 2pm Thursday 19 October 2017 in the presence of the Tender Opening Committee.  Five(5) submissions were received via Tenderlink and the Tender Box from the following companies:

a.   Beach Constructions Pty Ltd

b.   Camporeale Holdings Pty Ltd

c.   Carfax Commercial Construction Pty Ltd

d.   Cooper Commercial Constructions Pty Ltd

e.   Lanskey Constructions Pty Ltd

No late submissions were received.

14. The Tender Evaluation Committee individually assessed the submission, and met on several occasions to review the submissions and seek any clarifications.  Details of the Tender Evaluation Committee are provided in the confidential attachment.

 

15. The Tender Evaluation Committee completed the tender assessments and the evaluation process and discussed the available options open to Council with the existing budget. 

 

16. The Tender Evaluation Committee recommends that, under Section 178 (1) (b) of the Local Government (General) Regulation 2005, Council decline to accept any of the tenders for T17/025 Tender for Construction of the Penshurst Park Indoor Cricket Centre as outlined in the report.  Furthermore, that under Section 178 (3) (e) of the Local Government (General) Regulation 2005, Council enter into negotiations with the tenderers outlined in the attached confidential report.

17. Council should also note that in accordance with Section 178 (4) of the Local Government (General) Regulation 2005, that inviting fresh tenders is unlikely to resolve the issues of (1) non-conforming tenders, which do not agree to all conditions of contract and (2) significant variances from QS estimates; and, given the prices submitted, and likely competition, it is most advantageous to Council to conduct further negotiations with multiple tenderers as outlined in the confidential report.  Approval is also sought to grant the General Manager delegation to enter into contract with preferred tenders should negotiations result in a value-for-money outcome for Council..

 

Financial Implications

18.    Within budget allocation – Georges River Council has allocated $4.9 million in the 2017-2018 financial year to the construction of the Penshurst Park Indoor Cricket Centre.  Cricket Australia has also provided a grant of $400,000 for this project.

 

File Reference

T17/025

 

ATTACHMENTS

Attachment View1

Confidential Attachment A - Construction of Penshurst Indoor Cricket Centre - Probity Auditor Minutes and Scores (Confidential)

Attachment View2

Confidential Attachment - T17/025 - Construction of Penshurst Park Indoor Cricket Centre (Confidential)

 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 11 December 2017                  Page 7

Item:                   FIN387-17          Tender for the Building Expansion and Modification Works at Beverly Hills Park Sports Amenities Building 

Author:              Manager Project Delivery

Directorate:      Assets and Infrastructure

Matter Type:     Committee Reports

 Recommendation

(a) That, under Section 178 (1) (b) of the Local Government (General) Regulation 2005, Council decline to accept any of the tenders for T17/028 Tender for Building Expansion and Modification Works at Beverly Hills Park Sports Amenities Building as outlined in the report.

(b) That, under Section 178 (3) (b) of the Local Government (General) Regulation 2005, Council invite, in accordance with clause 167, 168 or 169, fresh tenders based on the same or different details.

(c)  That Council inform the unsuccessful Tenderers of the resolution.

Executive Summary

1.   The purpose of this report is to advise Council of the results of the tender process completed in accordance with Part 3, Division 1, Section 55 and Section 377 of the Local Government Act 1993, for Building Expansion and Modification Works at Beverly Hills Park Sports Amenities Building

2.   The report details the tender process supporting the recommendation for Council’s consideration, with the confidential matters being contained within the confidential attachments.

Background

3.   Kingsgrove Colts Junior Rugby League Football Club has been established in the Georges River Local Government Area for over 50 years.  During this time, Beverly Hills Park has been its home ground for junior rugby league.

4.   Over the years, Kingsgrove Colts Junior Rugby League have partnered with Council to undertake capital works on Beverly Hills Park including the construction of the amenities building over 15 years ago.  However, due to the increasing participation of junior rugby league in the area, its current facilities do not meet the NRL Preferred Facilities Guidelines for Grassroots Rugby League (2014).  These guidelines outline the need for a training room, medical room and meeting room.

5.   At present, Beverly Hills Park (Kingsgrove Colts Junior Rugby League) has 16 junior rugby league teams and provides the training ground for the Sydney Roosters Under 20’s (Holden Cup) Squad.

6.   Council may recall that in 2014 a development application was approved for the expansion of the existing Kingsgrove Colts JRLFC amenities building.  The expansion includes:

a.   Secured Storage Area

b.   Medical Room

c.   Indoor Training Room

d.   Upgrades to existing canteen

e.   Second floor viewing area

A Construction Certificate for the works was granted by a Private Certifier in April 2015.


 

7.   Kingsgrove Colts JRLFC estimated that the cost of the works would be approximately $163,240 (excluding GST) based on the approved Development Application plans

8.   In September 2016, the Federal Government awarded $250,000 as part of the Community Development Programme to this project to assist in the delivery of the building works for Kingsgrove Colts.  Kingsgrove Colts JRLFC has also received $100,000 via the NSW Government Community Building Partnership Programme to facilitate the project.  Council has not allocated any funds to this project.

9.   Following receipt of the Signed Agreement Community Development Programme for $250,000, Council prepared tender documentation and specifications for the works including the refurbishment of the public amenities.

10. The Request for Tender outlined that works were to be undertaken prior to April 2018 to ensure it did not clash with any scheduled events at the facility.

 

11. The Director Assets and Infrastructure appointed a Tender Evaluation Committee for the Tender prior to advertising, and all tender documentation was reviewed by the Manager Project Delivery prior to issuing.  A Probity Advisor was not appointed to this Tender process due to the low contract value.

 

12. Tender documentation included:

a.   RFT T17/028 - Building Expansion and Modification Works at Beverly Hills Park Sports Amenities Building (incorporating technical specifications and returnable schedules)

b.   General Conditions of Contract Incorporating AS4000-1997 (as amended)

c.   Approved Development Consent and Construction Certificates (and approved plans)

d.   Detailed Architectural and Structural Drawings for the facility

 

13. The Tender Evaluation Committee determined the Tender Evaluation Criteria prior to advertising of the tender.  The essential criteria and mandatory criteria was determined as follows:

 

Essential Criteria

a.   Best value for money

i.    Lump Sum price and trades break-up prices;

ii.   Schedule of hourly rates; and

iii.  Financial standing and position of the Tenderer.

b.   Demonstrated capacity and technical ability to carry out the works under the Contract:

i.    Specific experience and expertise in design and construct contracts;

ii.   company profile; current commitments for main and sub-contractors;

iii.  plant and equipment available to complete the works.

c.   Demonstrated managerial and technical capability, qualifications, experience:

i.    quality experience and  quality references of the Tenderer;

ii.   nominated site personnel CVs and previous work history; and

iii.  nominated sub-contractors CVs and previous work history with the Tenderer.

d.   Capacity to achieve the program:

i.    proven capacity to meet deadlines;

ii.   program shows critical paths and detailed tasks required to achieve deliverables for the project; and

iii. sequencing of the works.

iv.  traffic and  pedestrian  management plan; and

v.   storage of materials and disposal of waste (including potential asbestos).

e.   Demonstrated capacity to fulfil the WHS and environmental requirements including insurances.

          Mandatory Criteria

a.   Insurances:

i.    Public Liability min. $20M

ii.   Workers Compensation

iii.  Comprehensive Vehicle(s) Insurance.

b.   Compliance with quality assurance standards and systems of quality assurance.

c.   Degree of compliance with Work Health & Safety requirements.

d.   Conformity and compliance of the Tenderer’s submission with the RFT.

 

14. T17/028 Tender for Building Expansion and Modification Works at Beverly Hills Park Sports Amenities Building was advertised in the Sydney Morning Herald and Tenderlink on 31 October, 1 November and 4 November 2017.

 

15. The tender closed at 2pm Wednesday 22 November 2017 in the presence of the Tender Opening Committee.  Four (4) submissions were received via Tenderlink and the Tender Box from the following companies:

a.   Camporeale Holdings Pty Ltd

b.   Kellyville Building Pty Ltd

c.   Matrix Group Co Pty Ltd

d.   Sullivans Constructions

No late submissions were received.

16. The Tender Evaluation Committee individually assessed the submission, and met on 29 November 2017 to review the submissions and seek any clarifications.  Details of the Tender Evaluation Committee are provided in the confidential attachment.

 

17. The Tender Evaluation Committee completed the tender assessments and the evaluation process and discussed the available options open to Council with the existing budget. 

 

18. The Tender Evaluation Committee recommends that under Section 178 (1) (b) of the Local Government (General) Regulation 2005, Council decline to accept any of the tenders for T17/028 Tender for Building Expansion and Modification Works at Beverly Hills Park Sports Amenities Building as outlined in the report.  In addition, that, under Section 178 (3) (b) of the Local Government (General) Regulation 2005, Council invite, in accordance with clause 167, 168 or 169, fresh tenders based on the same or different details.

 

Financial Implications

19.    No budget impact for this report.

 

File Reference

T17/028

 

 

ATTACHMENTS

Attachment View1

Confidential Attachment - T17/028 - Building Expansion and Modification Works at Beverly Hills Park Sports Amenities Building (Confidential)

Attachment View2

Confidential Attachment A - T17-028 - Tender Assessment Summary (Confidential)

 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 11 December 2017                  Page 10

Item:                   FIN388-17          Tender for Cambridge Street, Penshurst - Construction of Stormwater Drainage Pipe 

Author:              Manager Project Delivery

Directorate:      Assets and Infrastructure

Matter Type:     Committee Reports

 Recommendation

(a)  That, under Section 178 (1) (a) of the Local Government (General) Regulation 2005, Council accept the tender that is recommended for T17/046 Tender for Cambridge Street, Penshurst Construction of Stormwater Drainage Pipe as outlined in the report.

(b)  That the General Manager be authorised to sign the Contracts with the preferred Contractor on behalf of Council.

(c)   That Council inform the unsuccessful Tenderers of the resolution.

Executive Summary

1.   The purpose of this report is to advise Council of the results of the tender process completed in accordance with Part 3, Division 1, Section 55 and Section 377 of the Local Government Act 1993, for Cambridge Street, Penshurst Construction of Stormwater Drainage Pipe and to seek resolution from Council on entering into a Contract with a successful Tendered to appoint as the Principal Contract to carry out the proposed contract works.

2.   This report explains the background for Council to decide if it wishes to enter into a contract with the entity recommended as the Principal Contract.  The report details the tender process supporting the recommendation for Council’s consideration, with the confidential matters being contained within the confidential attachments.

Background

3.   As part of the 2017-2018 Budget, Georges River Council allocated $1.2 million to the upgrade of the stormwater drainage line along Cambridge Street and Percival Street Penshurst.  These works would alleviate the flooding and ponding issues experienced in these streets during heavy rain.

4.   In July 2018, Storm Consulting were appointed by Georges River Council to developed a detailed design and technical specifications for the upgrade of the drainage line at this location/.

 

5.   Storm Consulting finalised these plans and specifications in October 2017 which were reviewed by Council Officers.  The approved plans included the construction of a 750mm stormwater drainage pipe along Cambridge Street and Percival Street, Penshurst.  This would feed into the existing Sydney Water channel.  The project also included restoration of road pavement, kerb, guttering and establishment of an on-grade angle parking zone on Percival Street, Penshurst.

6.   Council Officers prepared a Request for Tender for Cambridge Street, Penshurst Construction of Stormwater Drainage Pipe.

7.   The Director Assets and Infrastructure appointed a Tender Evaluation Committee for the Tender prior to advertising, and all tender documentation was reviewed by the Manager Project Delivery prior to issuing.  A Probity Plan was developed as part of the tender process.


 

8.   Tender documentation included:

a.   RFT T17/046 - Cambridge Street, Penshurst Construction of Stormwater Drainage Pipe

b.   General Conditions of Contract Incorporating AS4000-1997 (as amended)

c.   Technical Specifications and Drawings

d.   Returnable Schedules

 

9.   The Tender Evaluation Committee determined the Tender Evaluation Criteria prior to advertising of the tender.  The essential criteria and mandatory criteria was determined as follows:

Essential Criteria

a.   Best value for money

i.    Lump Sum price and trades break-up prices;

ii.   Schedule of hourly rates.

iii.  Financial standing and position of the Tenderer.

b.   Demonstrated capacity and technical ability to carry out the works under the Contract:

i.    Specific experience and expertise in design and construct contracts;

ii.   company profile; current commitments for main and sub-contractors;

iii.  proven capacity to meet deadline; and

iv.  plant and equipment available to complete the works.

c.   Demonstrated managerial and technical capability, qualifications, experience:

i.    quality experience and  quality references of the Tenderer;

ii.   nominated site personnel CVs and previous work history; and

iii.  nominated sub-contractors CVs and previous work history with the Tenderer.

d.   Capacity to achieve the program:

i.    program shows critical paths and detailed tasks required to achieve deliverables for the project; and

ii.       sequencing of the works.

e.   The proposed methodology:

i.    traffic and  pedestrian  management plan; and

ii.   storage of materials.

f.    Demonstrated capacity to fulfil the WHS and environmental requirements including insurances.

          Mandatory Criteria

a.   Insurances:

i.    Public Liability min. $20M

ii.   Workers Compensation

iii.  Comprehensive Vehicle(s) Insurance.

b.   Compliance with quality assurance standards and systems of quality assurance.

c.   Degree of compliance with Work Health & Safety requirements.

d.   Conformity and compliance of the Tenderer’s submission with the RFT.

 

10. T17/046 Tender for Cambridge Street, Penshurst Construction of Stormwater Drainage Pipe was advertised in the Sydney Morning Herald and Tenderlink on 31 October, 1 November and 4 November 2017.


 

11. The tender closed at 10am Friday 24 November 2017 in the presence of the Tender Opening Committee.  Ten (10 submissions were received via Tenderlink from the following companies:

a.   All Civil Solutions Group Pty Ltd

b.   Celtic Civil Pty Ltd

c.   Citywide Civil Engineering (NSW) Pty Ltd

d.   Civil Constructions Pty Ltd

e.   Ezy Pave Pty Ltd Physical

f.    KK Consultants Pty Ltd

g.   Mack Civil Pty Ltd

h.   Murphy McCarthy & Associates Pty Ltd

i.    Planet Civil Pty Ltd

j.    Stateline Asphalt Pty Ltd

No late submissions were received.

12. The Tender Evaluation Committee individually assessed the submission, and met on 29 November 2017 to review the submissions and seek any clarifications.  Details of the Tender Evaluation Committee and these meetings are provided in the confidential attachment.

13. The Tender Evaluation Committee completed the tender assessments and the evaluation process and identified a tender that represents best value for money. 

14. The Tender Evaluation Committee recommends that under Section 178 (1) (a) of the Local Government (General) Regulation 2005, Council accepts the tender identified as the preferred Contractor as outlined in the confidential attachment to this report.

 

Financial Implications

15.    Within budget allocation - $1.2m has been allocated from the Stormwater Levy to undertake the upgrading of the Cambridge Street Stormwater Pipe.  The project costs include detailed design, construction costs and authority fees.

 

File Reference

T17/046

 

 

 

ATTACHMENTS

Attachment View1

Confidential Attachment - T17-046 - Cambridge Street, Penshurst - Construction of a Stormwater Drainage Pipe (Confidential)

Attachment View2

Confidential Attachment A - T17-046 - Tender Assessment Summary (Confidential)

 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 11 December 2017                  Page 13

Item:                   FIN389-17          Tender for Jubilee Oval Roof Rectification Works 

Author:              Manager Project Delivery

Directorate:      Assets and Infrastructure

Matter Type:     Committee Reports

 Recommendation

(a)  That, under Section 178 (1) (a) of the Local Government (General) Regulation 2005, Council accept the tender that is recommended for T17/040 Tender for Jubilee Oval Roof Rectification Works as outlined in the report.

(b)  That the General Manager be authorised to sign the Contracts with the preferred Contractor on behalf of Council.

(c)   That Council inform the unsuccessful Tenderers of the resolution.

Executive Summary

1.   The purpose of this report is to advise Council of the results of the tender process completed in accordance with Part 3, Division 1, Section 55 and Section 377 of the Local Government Act 1993, for Jubilee Oval Roof Rectification Works and to seek resolution from Council on entering into a Contract with a successful Tenderer to appoint as the Principal Contract to carry out the proposed contract works.

2.   This report explains the background for Council to decide if it wishes to enter into a contract with the entity recommended as the Principal Contract.  The report details the tender process supporting the recommendation for Council’s consideration, with the confidential matters being contained within the confidential attachments.

Background

3.   In 2016, Georges River Council commissioned a Building Assets Condition Report for Jubilee Oval.  This report was undertaken by Cardno who undertook a detailed visual inspection of the site including:

a.   Electrical Services

b.   Mechanical Services

c.   Hydraulic services

d.   Fire Services

e.   Structural Conditions

Each service was assessment and a condition rating applied.  This condition rating was identified as Poor (1), Fair (2) and Good (3). 

 

4.   The Building Assets Condition Report also provided an itemised list of site capital expenditure, estimated costs and prioritisation.

 

5.   The report also concluded that the building structure at Jubilee Oval was in reasonable condition. However, corrosion was noted to some of exposed structural steelwork especially at the exposed structural steel frame above the main roof over grandstand.  It was recommended in the report that treatment to the corroded steel frame should be carried out within the next 1-2 years to prevent further corrosion.


 

 

6.   Accordingly, as part of the 2017-2018 Budget, Georges River Council allocated $200,000 to treatment of the Jubilee Oval Roof to address the concerns raised ibn the Building Assets Condition Report.

7.   Cardno were engaged to prepare the technical specifications for the works and Council Officers prepared a Request for Tender for Jubilee Oval Roof Rectification Works.

 

8.   The Request for Tender outlined that works were to be undertaken in January 2018 and February 2018 to ensure it did not clashes with any scheduled events at the facility.

 

9.   The Director Assets and Infrastructure appointed a Tender Evaluation Committee for the Tender prior to advertising, and all tender documentation was reviewed by the Manager Project Delivery prior to issuing.  A Probity Advisor was not appointed to this Tender process due to the low contract value.

 

10. Tender documentation included:

a.   RFT T17/040 - Jubilee Oval Roof Rectification Works (incorporating technical specifications and returnable schedules)

b.   General Conditions of Contract Incorporating AS4000-1997 (as amended)

 

11. The Tender Evaluation Committee determined the Tender Evaluation Criteria prior to advertising of the tender.  The essential criteria and mandatory criteria was determined as follows:

 

Essential Criteria

a.   Best value for money

i.    Lump Sum price and trades break-up prices;

ii.   Schedule of hourly rates.

b.   Demonstrated capacity and technical ability to carry out the works under the Contract:

i.    Specific experience and expertise in design and construct contracts;

ii.   company profile; current commitments for main and sub-contractors; and

iii.  plant and equipment available to complete the works.

c.   Demonstrated managerial and technical capability, qualifications, experience:

i.    quality experience and  quality references of the Tenderer;

ii.   nominated site personnel CVs and previous work history; and

iii.  nominated sub-contractors CVs and previous work history with the Tenderer.

d.   Capacity to achieve the program:

i.    proven capacity to meet deadlines;

ii.   program shows critical paths and detailed tasks required to achieve deliverables for the project; and

iii.  sequencing of the works.

e.   The proposed methodology:

i.    Gantt chart provided;

ii.   traffic and  pedestrian  management plan; and

iii.  storage of materials and disposal of waste (including potential asbestos).

f.    Demonstrated capacity to fulfil the WHS and environmental requirements including insurances.

          Mandatory Criteria

a.   Insurances:

i.    Public Liability min. $20M

ii.   Workers Compensation

iii.  Comprehensive Vehicle(s) Insurance.


 

 

b.   Compliance with quality assurance standards and systems of quality assurance.

c.   Degree of compliance with Work Health & Safety requirements.

d.   Conformity and compliance of the Tenderer’s submission with the RFT.

 

12. T17/040 Tender for Jubilee Oval Roof Rectification Works was advertised in the Sydney Morning Herald and Tenderlink on 31 October, 1 November and 4 November 2017.

 

13. The tender closed at 2pm Thursday 23 November 2017 in the presence of the Tender Opening Committee.  Five (5) submissions were received via Tenderlink and the Tender Box from the following companies:

a.   Absafe

b.   Cooper Commercial Constructions Pty Ltd

c.   Dapcor Building Services

d.   Murphys Group Services Pty Ltd

e.   Puch Construction & Building

No late submissions were received.

14. The Tender Evaluation Committee individually assessed the submission, and met on 29 November 2017 to review the submissions and seek any clarifications.  Details of the Tender Evaluation Committee are provided in the confidential attachment.

 

15. The Tender Evaluation Committee completed the tender assessments and the evaluation process and identified a tender that represents best value for money. 

 

16. The Tender Evaluation Committee recommends that under Section 178 (1) (a) of the Local Government (General) Regulation 2005, Council accepts the tender identified as the preferred Contractor as outlined in the confidential attachment to this report.

 

Financial Implications

17. -Within budget - $200,000 has been allocated in the 2017-2018 budget to undertake the works, however additional non-budgeted funds of $112,000 from the Asset Management Reserve which has a balance of $9,831,000 as at 30 June 2017 is required for the project. 

 

File Reference

T17/040

 

 

 

ATTACHMENTS

Attachment View1

Confidential Attachment - T17-040 - Jubilee Oval Roof Rectification Works (Confidential)

Attachment View2

Confidential Attachment A - T17-040 - Tender Assessment Summary (Confidential)

 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 11 December 2017                  Page 16

Item:                   FIN390-17          Property Matter - Lease for Air Bridge at South Street Kogarah 

Author:              Head of Strategic Property

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 Recommendation

(a)     That Council grant a lease to AME Properties Pty Ltd (being a wholly owned subsidiary of Ramsay Healthcare Australia) for a proposed pedestrian air bridge over South Street, Kogarah for a period of 50 years with a further 5 year option.

(b)     That the General Manager be delegated authority to enter into a lease and to execute all documentation associated with the proposed lease, subject to development consent being granted for the proposed development.

 

Executive Summary

1.      AME Properties Pty Ltd (being a wholly owned subsidiary of Ramsay Healthcare Australia) (Ramsay) is proposing to expand the St George Private Hospital located at South Street, Kogarah by redeveloping the site it owns across the road at 131 Princes Highway, Kogarah.  Part of the redevelopment plan involves linking the existing private hospital to the new hospital development via a 20.5 metre long pedestrian air bridge to be constructed over the Council owned road reserve (South Street).

2.      The purpose of this report is to consider Ramsay’s request for Council to grant a long term lease of 50 years with a further 3 x 10 year options for the proposed air bridge.

 

Background

3.      Ramsey Healthcare is the owner of the St George Private Hospital located at 2 South Street, Kogarah.  Ramsay advises that the hospital has reached its development capacity and that in order to meet the growing demand for medical facilities to service the greater St George Region, the hospital is seeking to expand via an air bridge connection over the  Council owned South Street road reserve, to a property Ramsay owns at 131 Princes Highway, Kogarah.  A location plan is annexed to this report as Attachment 1.

4.      The proposed development and its air bridge connection with the existing St George Private Hospital will create a new gateway to the St George Hospital precinct/campus, which includes St George Public Hospital.  This development will be the initial catalyst for the expansion to the North.  Concept diagrams and an engineering drawing showing the proposed air bridge is annexed to this report as Attachments 2, 3 and 4.

5.      The proposed air bridge is approximately 20.52 metres long and 3.5 metres wide (71.52m2) with a height of approximately 3.5 metres.  The height of the lower deck of the bridge will be approximately 8 metres from street level on the northern side of South Street, sloping down to 7.6 metres on the southern side.

6.      Ramsay has advised that it wishes to secure a lease of the air space above the road reserve for an initial 50 year period with a further 3 x 10 year option periods.  In this regard, Ramsay has made an offer which Council’s valuer considers to represent fair market value.  Financial details of the offer can be found in confidential Attachment 5 (Letter of Intent).


 

 

7.      Ramsay has provided the following information in support of the air bridge proposal:

(a) The air bridge lease would facilitate the development of new, state of the art saleable/leasable areas to attract the owners and managers of specialist health services facilities, thus significantly improving access to quality health services in the area, strengthening the role and position of the immediate Health Precinct and the wider Collaboration Area, so it can grow to its full strength and potential in the short and long term.

(b) Ramsay considers that without facilities to attract doctors and specialists to buy suites or take long term leases and establish their business in the LGA, including the attraction of diagnostic modalities and allied health services that support them, access to quality and diversified health services will become increasingly more difficult for residents.

(c)  Furthermore, attracting and retaining quality specialist medical practitioners has become increasingly competitive for health precincts in metropolitan NSW such as St George, North Shore and Prince of Wales.  Ramsay in this regard seeks to foster proposals that underpin the development and strength of the area being as self-sufficient as possible with respect to health services.

(d) Given commercial land uses adjacent to hospital precincts have been developed for residential and non-commercial health uses due to the highest and best use typically being residential (from a commercial metric perspective), land availability around public and private hospitals nationally has become scarce and competitive, reducing supply and thus access to specialist consulting suites and outpatient services centres.  This has a negative effect on growth and innovation, as agglomeration of health services, returns strength in collaboration and efficiencies.

(e) Ramsay believe it has a responsibility to ensure the health precinct and the land surrounding it, is protected and supported in this ethos by the Local Health District and NSW Health.  The continued preservation of health uses that complement and strengthen the campus generally is imperative and this proposal is considered to support these ideas.

(f)   Ramsay seeks to ensure that this development preserves the health precinct, by developing 131 Princes Highway, for Specialist Consulting suites and ancillary health services.

(g) It will become increasingly difficult for the LGA to continue to meet its fast growing health service demand needs, given the increased propensity for land uses to be developed by others for non-health uses where zoning allows, such as the proposed site and its adjacent lots. 

(h) The public hospital has just undergone its second stage of major redevelopment worth $277 Million and is due for completion in the coming months.  This development did not include specialist consulting suites, as the public sector does not provide these facilities on public land.  The private sector takes on this responsibility, and therefore, Ramsay sees a need for this use for the precinct to ensure its ability to retain and attract doctors and specialists.

(i)   The facility will be highly accessible by both public and private modes of transport, and would stimulate employment within the health care services sector.

(j)   The new building is conceived as a solid rigorously ordered podium base which ties in with the existing hospital across South Street, topped with a crystalline upper floor structure which features an abstract series of transparent and solid panels which will allow a variety of medical related fitout permutations.

(k)  The façade composition combined with vertical sunshade fins will provide a dynamic façade treatment, and which will change in appearance as you travel around the building. The main entrance lobby will address the street frontage as a counterpoint the main entry to St George Private hospital.

 

8.      Ramsay has lodged a Development Application with Council for the redevelopment of 131 Princes Highway and 1A South Street, Kogarah which includes the proposed air bridge structure.  Assessment of the application will be determined by the Sydney South Planning Panel in due course.  Owner’s consent for the lodgement of the application has not yet been provided by Council.   Consent in this regard will only be provided should Council resolve to grant (and the parties enter into) a lease for the proposed air bridge.

Implications for Council’s South Street Road Reserve.

 

9.      The Austroads Standards (2010) - Guide to Road Design, indicates that the minimum vertical clearance over roadways for pedestrian air bridges is 5.5 metres.  Council is advised that the subject air bridge over South Street will have a minimum vertical clearance at its lowest point of 7.6 metres.  As the vertical clearance exceeds the minimum standard by approximately 2 metres, Council’s traffic engineers consider (subject to formal development assessment) that the impact of the air bridge on the road reserve will be minimal.

10.    The Design Review Panel has considered the application for the redevelopment of the building at 131 Princes Highway and 1A South Street, Kogarah (which also includes the pedestrian air bridge) and has provided the following comment:

“Aesthetics - Generally acceptable - Pedestrian bridge signage should be for identification purposes and not advertising purposes”.

11.    Council some years ago entered into a similar long term lease (90 years) for an air bridge structure that was granted to the State Authorities Superannuation Board (now held by the Westfield, Hurstville group) for a connection over Park Road Hurstville.  It is anticipated that the subject air bridge over South Street, Kogarah will provide similar economic and social benefits, to those provided by the Park Street air bridge for residents of Georges River Council. 

12.    The proposed air bridge is unlikely to have any adverse impacts on the future development of surrounding public and privately owned landholdings.

Financial Implications

13.    Details of the financial terms of the proposed lease are annexed to this report as Attachment 5 (confidential).  In the interest of probity, Council is advised that the agreed rental for the proposed air bridge lease is considered to represent market value.  In addition to market value rental, Council will also receive a share of any permitted advertising revenue that may be derived from the air bridge with the lessee paying Council’s reasonable legal costs.

14.    Details of Council’s valuation report can be viewed in Attachment 6 (confidential).

15.    Should Council proceed with the lease, all rental income received will be directed into General Revenue.

 

File Reference

17/1919


 

 

 

ATTACHMENTS

Attachment View1

Location Plan - Air Bridge

Attachment View2

Concept 1 - Air Bridge

Attachment View3

Concept 2 - Air Bridge

Attachment View4

Engineering Plan - Air Bridge

Attachment View5

Proposed Air Bridge Lease - Financial Terms (Confidential)

Attachment View6

Rental Valuation Advice (Confidential)

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 11 December 2017

FIN390-17              Property Matter - Lease for Air Bridge at South Street Kogarah

[Appendix 1]          Location Plan - Air Bridge

 

 

Page 20

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 11 December 2017

FIN390-17              Property Matter - Lease for Air Bridge at South Street Kogarah

[Appendix 2]          Concept 1 - Air Bridge

 

 

Page 21

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 11 December 2017

FIN390-17              Property Matter - Lease for Air Bridge at South Street Kogarah

[Appendix 3]          Concept 2 - Air Bridge

 

 

Page 22

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 11 December 2017

FIN390-17              Property Matter - Lease for Air Bridge at South Street Kogarah

[Appendix 4]          Engineering Plan - Air Bridge

 

 

Page 23

 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 11 December 2017                  Page 24

Item:                   FIN391-17          Tender for the Construction of Traffic Management Devices 

Author:              Manager Project Delivery

Directorate:      Assets and Infrastructure

Matter Type:     Committee Reports

 Recommendation

(a)  That, under Section 178 (1) (a) of the Local Government (General) Regulation 2005, Council accept the tender that is recommended for T17/047 Tender for the Construction of Traffic Management Devices as outlined in the report.

(b)  That the General Manager be authorised to sign the Contracts with the preferred Contractor on behalf of Council.

(c)   That Council inform the unsuccessful Tenderers of the resolution.

 

Executive Summary

1.   The purpose of this report is to advise Council of the results of the tender process completed in accordance with Part 3, Division 1, Section 55 and Section 377 of the Local Government Act 1993, for the Construction of Traffic Management Devices and to seek resolution from Council on entering into a Contract with a successful Tenderer to appoint as the Principal Contract to carry out the proposed contract works.

2.   This report explains the background for Council to decide if it wishes to enter into a contract with the entity recommended as the Principal Contract.  The report details the tender process supporting the recommendation for Council’s consideration, with the confidential matters being contained within the confidential attachments.

Background

3.   As part of the 2017-2018 Budget, Georges River Council allocated $500,000 to construct the traffic projects that had been approved by the Georges River Council Traffic Committee These works included:

 

Traffic Committee (Approved Works - Backlog)

Connelly Street, Penshurst – Pedestrian Refuge

Mortdale

$45,000

Medium

Commence early 2018

Pallamana Parade, Beverly Hills – Pedestrian Refuge

Hurstville

$45,000

High

Commence early 2018

Roberts Avenue, Mortdale – Pedestrian Refuge

Mortdale

$30,000

High

Completed

Rose Street, Hurstville – Pedestrian Refuge

Hurstville

$30,000

High

Commence mid 2018

Lily Street Bridge – Kerb extension and Pedestrian Refuge

Hurstville

$150,000

Medium

Commence early 2018

Oatley Avenue, Oatley – Pedestrian Refuge

Blakehurst

$30,000

High

Commence early 2018

Kensington Street, Kogarah – Pedestrian Crossing

Kogarah Bay

$60,430

High

Completed

Dame Mary Gilmore – Angle Parking

Peakhurst

$109,570

Low

Commence mid 2018

TOTAL TRAFFIC COMMITTEE WORKS

$500,000

 

4.   In addition to the above capital works, Georges River Council also has the following traffic projects:

a.   Construction of a raised pedestrian crossing (wombat crossing) on Gray Street, at Queens Avenue, Kogarah – this will be funded by the St George Hospital, Georges River Council and RMS as part of the entry treatment of the 40km/h High Pedestrian Activity Area.

b.   Construction of a pedestrian refuge on Gray Street, Kogarah outside St George Hospital – this project will be wholly funded by St George Hospital to comply with their development consent conditions.

c.   Construction of a kerb blister on South Street, Kogarah near the St George Hospital – this project will be 50:50 funded by RMS and Georges River Council as part of the entry treatment of the 40km/h High Pedestrian Activity Area

 

5.   Georges River Council was also successful in the RMS Safer Local Government Roads Program which has allocated $65,000 to the construction of roundabout and associated structures at the intersection of Francis Street and Colvin Street, Allawah.

 

6.   Accordingly, to ensure that works would be completed within the 2017-2018 financial year, Council Officers prepared tender documentation for the construction of the following traffic devices:

a.   Construction of roundabout and associate structures at the intersection of Francis Street and Colvin Street, Allawah

b.   Intersection upgrade works at the intersection of Connelly Street and Bridge Street, Penshurst

c.   Pedestrian facility upgrade works at the intersection of Pallamana Parade and Tallawalla Street, Beverly Hills

d.   Upgrade of pedestrian refuge in Lily Street at Roberts Lane, Allawah

e.   Construction of Pedestrian Refuge in Oatley Avenue, Oatley

f.    Construction of a raised pedestrian crossing (wombat crossing) on Gray Street, at Queens Avenue, Kogarah.

g.   Construction of a pedestrian refuge on Gray Street, Kogarah outside St George Hospital

h.   Construction of a kerb blister on South Street, Kogarah near the St George Hospital.

 

7.   The projects would commence in early 2018 and will be completed by April 2018. 

8.   Council Officers prepared a Request for Tender for Construction of Traffic Management Devices.

 

9.   The Director Assets and Infrastructure appointed a Tender Evaluation Committee for the Tender prior to advertising, and all tender documentation was reviewed by the Manager Project Delivery prior to issuing.  A Probity Advisor was not appointed to this Tender process due to the low contract value.

10. Tender documentation included:

a.   RFT T17/047 - Construction of Traffic Management Devices

b.   General Conditions of Contract Incorporating AS4000-1997 (as amended)

c.   Technical Specifications and Drawings

d.   Returnable Schedules

It was noted in the Request for Tender documentation that Georges River Council reserved the right to separate each project and award to individual Contractors.

 

11. The Tender Evaluation Committee determined the Tender Evaluation Criteria prior to advertising of the tender.  The essential criteria and mandatory criteria was determined as follows:

Essential Criteria

a.   Best value for money

i.    Price and trades break-up in accordance with the provided Bill of Quantities;

ii.   Schedule of hourly rates.

b.   Demonstrated capacity and technical ability to carry out the works under the Contract:

i.    Specific experience and expertise in similar works;

ii.   company profile; current commitments for main and subcontractors;

iii.  proven capacity to meet deadline; and

iv.  plant and equipment available to complete the works.

c. Demonstrated managerial and technical capability, qualifications, experience:

i.    Current Licences

ii.   nominated site personnel CVs and previous work history; and

iii.  nominated sub-contractors CVs and previous work history with the Tenderer.

d. Capacity to achieve the program:

i.    program shows critical paths and detailed tasks required to achieve deliverables for the project; and

ii.   sequencing of the works.

e.  The proposed methodology:

i.    traffic and pedestrian management plan.

ii.   storage of materials.

iii.  demonstrated capacity to fulfil the WHS and Environmental including insurances.

 

Mandatory Criteria

a.   Demonstrated capacity to fulfil the WHS and environmental requirements including insurances.

b.   Insurances:

i. Public Liability min. $20M

ii.        Workers Compensation

iii.       Comprehensive Vehicle(s) Insurance.

c.   Compliance with quality assurance standards and systems of quality assurance.

d.   Degree of compliance with Work Health & Safety requirements.

e.   Conformity and compliance of the Tenderer’s submission with the RFT.

 

12. T17/047 Construction of Traffic Management Devices was advertised in the Sydney Morning Herald and Tenderlink on 31 October, 1 November and 4 November 2017.

13. The tender closed at 2pm Tuesday 21 November 2017 in the presence of the Tender Opening Committee.  Nine (9) submissions were received via Tenderlink from the following companies:

a.   Ally Civil

b.   Celtic Civil Pty Ltd

c.   Civeco Pty Ltd

d.   EzyPave Pty Ltd

e.   Kelbon Project Services Pty Ltd

f.    KK Civil Engineering

g.   NA Group

h.   Planet Civil Pty Ltd

i.    Stateline Asphalt Pty Ltd

One (1) late submission was received by Mack Civil Pty Ltd who provided a hard copy of the document the day after submissions closed.

14. The Tender Evaluation Committee individually assessed the submission, and met on 28 November 2017 to review the submissions and seek any clarifications.  Details of the Tender Evaluation Committee and these meetings are provided in the confidential attachment.

15. The Tender Evaluation Committee completed the tender assessments and the evaluation process and identified a tender that represents best value for money. 

16. The Tender Evaluation Committee recommends that under Section 178 (1) (a) of the Local Government (General) Regulation 2005, Council accepts the tenderers identified as the preferred Contractor as outlined in the confidential attachment to this report.

 

Financial Implications

17. Within budget allocation - $500,000 allocated from 2017-2018 Traffic Capital Works, RMS funding of $18,000 and $32,000 from St George Hospital.  Furthermore $65,000 is allocated to the Colvin Avenue and Francis Street roundabout under RMS Safer Local Government Roads Program.

 

File Reference

T17/047

 

 

 

ATTACHMENTS

Attachment View1

Confidential Attachment A - T17_047 - Tender Assessment Summary (Confidential)

Attachment View2

Confidential Attachment - T17/047 - Construction of Traffic Management Devices (Confidential)

 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 11 December 2017                  Page 28

Item:                   FIN392-17          Georges River Council Quarterly Property Portfolio Report 

Author:              Strategic Property Specialist

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

Recommendation

That the quarterly Property Portfolio Report be received and noted.

 

Executive Summary

 

1.      At its meeting on 1 May 2017, Council resolved to report regularly on the commercial properties and other leases and licences.

2.      This report details Council’s performance of its property portfolio. The report includes information on Council’s Commercial Properties (Commercial Properties listed in Attachment 1), Community Properties (Community Properties listed in Attachment 2), Commercial Car Parking, Sporting Facilities and Footway Licences.

Background

3.      This report details Council’s performance of its property portfolio. The report includes information on Council’s Commercial Properties, Community Properties, Commercial Car Parking, Sporting Facilities and Footway Licences.

 

4.      There are currently zero (0) arrears on leases and licences.

5.      The report is an evolving document and responds to the ongoing audit of Council’s leases and licences. It is expected that in the future the report will include the net position for each of the property groups after costs and expenses.

 


 

6.      Commercial Property

Property Address

No. of Current Leases

No. of Vacant Premises

% Vacant Premises

Monthly Rent       (incl. GST)

Annual Rent – Estimated (incl. GST)

Comment

Commercial Office Building - 34 MacMahon Street, Hurstville – (Hurstville House)

23

1

4%

$104,582

$1,254,984

Offer accepted on remaining vacant suite. Rental per annum (inc. GST) = $35,750

Commercial Office Building - 38 Humphreys Lane, Hurstville

3

NIL

0%

$56,565

$678,781.20

 

Other Leases

 

 

 

 

 

 

Commercial

16

NIL

 

$102,666

$1,231,992

Retail

4

NIL

0%

$22,440

$269,280

Telecommunications

2

N/A

 

$2,361

$28,332

Footway Licences

TBA

 

 

 

 

Policy to be finalised and data included in next report

Kogarah Civic Centre Building – 2 Belgrave Street Kogarah

2

1

 

 

 

0%

$16,700

$200,400

Offer accepted on remaining vacant suite. Rental per annum (inc GST) = $66,000

Total

50

2

4%

$288,614

$3,463,369

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7.      Sporting Facilities

Property

No. of Current Agreements

Hirer or Club

Agreement

Monthly Revenue   (excl. GST)

Annual Revenue    (excl. GST)

Comment

Golf Courses

 

 

 

 

 

$38,000 pa Golf Course Rental + $24,367 pa Club House Rental

NB: recent 50% subsidy granted for course rent.

Beverly Park Golf Course

1

Beverly Park Golf Club Ltd

Lease
Beverly Park Golf Club Ltd

$5,197

$62,367

 

 

 

 

 

 

Hurstville Golf Course

2

Hurstville Golf Club

Bluefit Management Agreement

$46,892

$562,708

Revenue includes contribution to utilities and maintenance. Not a NET figure

Hurstville Golf Club (MoU)

$2,486

$29,834

Swimming Pools/Aquatic

 

 

 

 

 

Revenue includes contribution to utilities and maintenance. Not a NET figure.

HALC

1

NA

Bluefit Management Agreement

$146,274

$1,755,296

Sans Souci

1

NA

Lease
Hinarni Pty Ltd

$8,800

$105,600

Lease option negotiation finalised.
Asset Management Plan required.

Carss Park Pool

Nil

Council

Nil

-$17,830

-$213,932

Operation assisted by Bluefit staffing

Tennis Courts

 

 

 

 

 

Term from September 2016 to September 2019

Ken Rosewell

1

NA

Management Agreement
Evolution Tennis

$5,833

$70,000

Parkside Drive

1

NA

Lease
Graeme Wardrop

$2,817

$33,800

Term from June 2016 to June 2021 with a 5 year option. 

Jubilee Oval

 

 

 

 

 

Revenue includes on-costs for matches

St George NRL Club

1

St George NRL Club

Hire Agreement

-

$410,000

St George District Football Club

1

 

St George District Football Club

Lease

Includes use of venue for fixtures

-

$71,500

Hurstville Oval

 

 

 

 

 

6 month seasonal arrangement – October to March 

St George District Cricket Club

1

St George District Cricket Club

Licence

-

$1,576

Total

10

 

 

$213,102

$3,102,681

 

8.      Commercial Car Parking

 

No. Permanent Parking

No. of Public Parking Spaces

Management Agreement

Monthly Revenue       (incl. GST)

Annual Revenue Estimate (incl. GST)

Comment

Waratah Hospital Car Park

-

150

Secure Parking

$4,439

$53,268

$265,000 Strata Fees

31 Dora St Hurstville

(Average)

Annual subsidy of $211,732 p.a.

 

 

Kogarah Town Square Car Park

4

224

APARC

$31,657

$379,884

Annual Strata Fees of $94,509

6 Derby St Kogarah

TDN

Empress/Woniora Gardens Car Park

5

100

APARC

$10,440

$125,280

 Annual Strata Fees TBC

600 Railway Pde Kogarah

TDN

ATO spaces
12-22 Woniora Road, Hurstville

-

79

Council as Lessee

-

$300,000

$300,000 for the first year followed by a prorated amount for each month thereafter until handover of stratum title to Council

Total

9

553

 

$46,536

$858,432

 

 

9.      Community Leases

Community Leases

No. of Properties

Vacancies

% Vacant Premises

Annual Rent

Comment

(excl. GST)

Scouts & Girl Guides

10

NIL

0%

$63

 

 

 

Nil income due to 100% annual subsidy

Nil income due to 100% annual subsidy

 

 

Rental and subsidy to be assessed in line with policy.

 

Subsidised rental due to extensive capital investment by tenant.

 

 

 

 

 

 

$50,000 annual rental subsidy to Radio 2NBC

Community Centres

1.   Jubilee (Mortdale)

 

2.   Kingsgrove

 

3.   Kogarah

 

4.   Riverwood

 

5.   Pole Depot (Penshurst)

 

6.   Youth Outreach Kogarah

 

6

NIL

0%

 

$63,000

 

$54,798

 

$10,920

 

TBA

 

$1

 

 

$1,000

Community Sports

3

NIL

0%

$19,362

Misc. Others

10

NIL

0%

$2,048

Total

29

0

0%

$151,192

 

 

 

 

 

 

 

Financial Implications

10.    No budget impact for this report.

 

File Reference

17/2939

 

 

 

ATTACHMENTS

Attachment View1

Commercial Properties

Attachment View2

Community Properties

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 11 December 2017

FIN392-17              Georges River Council Quarterly Property Portfolio Report

[Appendix 1]          Commercial Properties

 

 

Page 33

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 11 December 2017

FIN392-17              Georges River Council Quarterly Property Portfolio Report

[Appendix 2]          Community Properties

 

 

Page 34

 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 11 December 2017                  Page 35

Item:                   FIN393-17          Advice on Court Proceedings - November 2017 

Author:              General Counsel

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

Recommendation

That the information be received and  noted.

 

Executive Summary

1.      Advice on Council’s Court Proceedings for the period 31 October to 30 November 2017 is contained within this report. 

 

Background

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

High Court

·   1 x Application for Leave to Appeal (Tanious)

Land and Environment Court Appeals

·   17 x Class 1 (Merit/DA)

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

Supreme Court

·   1 x Application under s88K for easements (Telado) over Council’s land

Local Court

·   16 x Prosecutions

          NSW Industrial Relations Commission

·   1 x Dispute (United Services Union)

NSW Civil & Administrative Tribunal

·   1 x Application (Briscoe-Hough v Tegg & Ors)

Cost Recovery

·   6 x cost recovery matters

 

Total Costs

·   Total costs to date for the 2017/18 financial year are $161,720.

·   Total legal costs recovered to date for the 2017/18 financial year are $146,938.

 

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.      Seven new matters were received during the reporting period: three Class 1 appeals in the Land and Environment Court (Urban Link Pty Ltd, Prajna Monastery Australia Incorporated and Ng), three Local Court prosecutions (Abbas, Sears and Dimovski), and one IRC matter (USU – Site Visits)

 

Finalised Matters

 

4.         Tanious (leave to appeal – High Court dismissed application)

5.         Talmoe (matter discontinued after consent granted by Council)

 

Current Table

 

6.      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.  Building certificate application refused.  Appeal lodged.

Awaiting outcome of appeal to commence enforcement.

$7,765.00

2

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.

Following S34 Conference on 6 November 2017, applicant has submitted amended plans for consideration.

$9,945.00

3

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.

$3,252.00

4

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.

$2,545.00

5

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.

$2,254.00

6

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 S34 Conference on 19 December 2017. External urban design, planning, heritage and traffic consultants briefed.

$2,451.00

7

832-836 King Georges Road and 51 Connells Point Road, South Hurstville

 

Applicant: Cash Warwick Pty Limited

 

Proceedings No.  245201 of 2017

Class 1 Appeal – application to modify Development Consent no. DA99/2016 granted on 6 April 2017 by the Land and Environment Court proceedings 2016/380571 to delete the lower level basement, internal re-configuration of remaining basement levels, removal of one lift and reconfiguration of the fire stair and bicycle parking.

Matter is listed for hearing on 20 December 2017.

$4,793.00

8

70 – 76 Pitt Street, Mortdale

 

Applicant: D R Design (NSW) Pty Limited

 

Proceedings No. 273727 of 2017

Class 1 Appeal against deemed refusal of DA2017/0242 for demolition of existing structures, site amalgamation and the construction of a 3 storey residential flat building with basement car parking.

Matter is listed for S34 Conference on 18 January 2018.

$0

9

55 Amy Road, Peakhurst

 

Applicant: Talmoe Pty Limited

 

Proceedings No: 290117 of 2017

Class 1 Appeal against deemed refusal of DA 2017/0202 for demolition of existing structures and construction of a multi dwelling development consisting of 4 units of 2 storeys and car parking at 55 Amy Road, Peakhurst.

Matter discontinued following the issue of development consent by Council.

$0

10

58 and 60 Blackshaw Avenue

MORTDALE

 

Applicant:

Marion McDowell and Associates

 

Proceedings No.

294745 of 2017

 

Class 1 Appeal against refusal of Building Certificate Application No. 149D2016/0038 lodged on 21 September 2016 and refused on 20 September 2017.

Matter listed for contested hearing on 2 March 2018.

$1,351.40

11

1 – 5 Treacy Street, Hurstville

 

Applicant: G R Capital Group Pty Limited

 

Proceedings No. 304530 of 2017

Class 1 Appeal against refusal of DA2017/0205 for the construction of five additional levels (31 apartments) to an approved mixed development under Development Consent DA2014/0183 (as modified)

Matter is listed for further directions on 8 December 2017. External town planner and traffic consultant briefed.

$0

12

6 The Crescent, Kingsgrove

 

Applicant: One Funds Management Ltd ATF Kingsgrove Property Trust

 

Proceedings No. 2017/309712

Class 1 Appeal against actual refusal of DA2017/0151 for construction of new off-street entry to premises along Vanessa Street, Kingsgrove.

Matter is listed for S34 Conference on 22 March 2018.

$0

13

16 – 20 Tooronga Terrace, Beverly Hills

 

Applicant: Nicole Saoud

 

Proceedings no. 328848 of 2017

Class 1 appeal against refusal of DA 2016/0230 seeking development consent for retention of existing development fronting Tooronga Terrace, Beverly Hills and construction of a 3 storey building at rear for use as a boarding house with parking at ground level

Matter is listed for S34 Conference on 30 April 2018. External town planner and traffic consultant briefed.

$0

14

70 Carwar Crescent, Carss Park

 

Applicant: Belinda Sun

 

Proceedings no. 335225 of 2017

Class 1 appeal against refusal of DA263/2016 for demolition of existing structure and construction of a new 2 storey attached dual occupancy with sub floor garage.

Matter is listed for first directions hearing on 5 December 2017.

$0

15

27 Newman Street, Mortdale

 

Applicant: Morgan Ng

 

Proceedings No. 343784/2017

 

Class 1 appeal against deemed refusal of DA2017/0121 for demolition of existing structure and construction of a new boarding house (12 rooms) and carport.

Matter listed for first directions hearing on 12 December 2017.

$0

16

849 King Georges Road, South Hurstville

 

Applicant: Urban Link Pty Limited

 

Proceedings No. 351493 of 2017

 

Class 1 Appeal against refusal of DA for demolition of existing structures and construction of a 4 storey flat building with 13 units and basement parking.

Matter is listed for first directions hearing on 19 December 2017.

$0

17

14 Wright Street, Hurstville

 

Applicant:

Prajna Monastery Australia Incorporated

 

Proceedings No. 2017/353101

Class 1 appeal against Council’s refusal of DA 2017/0384 for demolition of an existing single storey dwelling and construction of a place of worship (Buddhist monastery).

Matter listed for first directions on 20 December 2017. External traffic consultant briefed.

$0

 

Subtotal

 

 

$34,356.80

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 was heard on 15 September 2017 and proceedings were concluded on that day.  Council had advised applicant it had no objection to removal of trees.  Applicant has made a costs application.  Awaiting decision.

$0

 

Subtotal

 

 

$0

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.  Subject to ongoing monitoring of orders.

$2,017.20

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 heard on 26 July 2017 before her Honour Justice Pain.   Judgment delivered on 1 September 2017.  Mr Mifsud was fined $2,000 (to be paid by 29 September 2017) and fined $500 per week until the orders are complied with. Mr Mifsud was allowed until 24 November 2017 to clean up the property before the $500 per week fine would commence. Council was awarded costs.

Council is investigating compliance.

$10,130.00

3

117 Kyle Parade, Kyle Bay

 

Parties: Michael Stanley Lowe

 

Proceedings No. 127157 of 2017

 

Class 4 commenced in relation to removal of crane

Matter heard 16 and 17 October 2017.  Orders made for crane to be removed by 17 April 2018 and costs of $30,000 to be paid by 17 February 2018.

$16,804.00

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.

Court orders entered for demolition of offending building by 1 December 2017.  Matter adjourned to 15 December 2017.

$15,302.00

 

Subtotal

 

 

$44,253.20

High Court of Australia

1

1 Arnold Street

PEAKHURST

 

Parties:

Mofeed Louis Tanious

 

Proceedings No.

2017/32320

 

Class 2 Land and Environment Court 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.  Applicant has commenced proceedings in the High Court.  Leave application dismissed by High Court on 16 November 2017.

$1,350.00

 

Subtotal

 

 

$1,350.00

Supreme Court

1

296 Forest Road and Diment Way, Hurstville

 

Applicant: Telado Pty Limited

 

Proceedings No. 299079 of 2017

Applicant seeks s88K order for property rights in perpetuity over Council land known as Central Plaza. Applicant sought order for mediation which was refused by Court.

Applicant has withdrawn its Notice to Produce to Council.  Applicant to file its evidence by 24 November 2017.  Council’s evidence due by 22 December.  Further directions hearing on 2 February 2018.

$17,475.00

 

Subtotal

 

 

$17,475.00

Local Court Proceedings

1

13-17 Peake Parade

PEAKHURST

 

Parties:

Oxford (NSW) Pty Ltd

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

Matter part heard on 20 May and 26 October 2016. Magistrate requires further submissions. Matter heard on 25 September 2017 and adjourned to 20 December 2017 for decision.

$1,610.00

2-6

13-17 Peake Parade

PEAKHURST

 

Parties:

Oxford (NSW) Pty Ltd

 

 

Appeals against five Penalty Notices 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.  Matter heard on 25 September 2017 and adjourned to 20 December 2017 for decision.

$2,277.00

7-12

25 Koorabel, 25A Koorabel, 25B Koorabel Street

LUGARNO

 

Parties:

Daoud & Daoud Developments Pty Ltd

 

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

Matter adjourned for sentencing to 16 August 2017.  Following submissions, Magistrate Bartley heard sentencing submissions on 7 November 2017 and matter is listed for judgment on 16 March 2018.

$8,248.90

13

46 Queens Road, Connells Point

 

Parties:

Kosta Karkoulas

 

 

 

Appeal against Penalty Notice for unauthorised building works not in accordance with development consent.

Matter is listed for hearing on 21 December 2017.

$0

14

33 Robyn Street, Peakhurst Height and Gannons Park, Peakhurst Heights

 

Parties:

Judith Sears

Local Court prosecution for unlawful tree removal.

Court attendance notice filed on 7 November 2017.

 

Matter listed for directions on 12 December 2017.

$0

15

33 Robyn Street, Peakhurst Height and Gannons Park, Peakhurst Heights

 

Parties:

Hassan Abbas

Local Court prosecution for unlawful tree removal.

Court attendance notice filed on 7 November 2017.

 

Matter listed for directions on 12 December 2017.

$0

16

8 Kimberley Road, Hurstville

 

Parties:

Petre Dimovski

Local Court prosecution for unlawful tree removal.

Court attendance notice filed on 7 November 2017.

 

Matter listed for directions on 12 December 2017.

$0

 

 

Subtotal

 

 

$12,135.90

 

 

NSW Civil & Administrative Tribunal

1

Briscoe-Hough v Tegg & Ors

Gregory Briscoe-Hough v Warren Tegg, Constantine Hindi, Lupco Konjarski, Gavin Tennant & Greg Copson

 

Applicant has commenced proceedings alleging, “Irregularities in the conduct of the election in breach of Act and Regs”.

Timetable set for amended application, responses and evidence.  Matter set down for hearing on 15 February 2018. Council has a watching brief only.

$0

 

Sub Total

 

 

$0

NSW Industrial Relations Commission

1

United Services Union and Georges River Council

Dispute has arisen around protocol for site visits and use of confidential information. 

Matter set down for conciliation before Commissioner Newall on 11 December 2017.

$0

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.  Costs assessment currently being prepared.

$0

2

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.  Property being sold by mortgagee.  Council’s costs to be paid out of sale proceeds.

$0

3

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

4

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

5

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. S97B costs of $15,000 paid.

$14,483.57

6

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 however has not lodged any further documents and time has now expired.  Applicant to pay Council’s costs.

$0

 

Subtotal

 

 

$14,483.57

 

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

 

Month (2017/18)

Savings

July

$0

August

$32,000

September

$32,000

October

$0

November

$0

  Total

$64,000

 

Financial Implications

 

8.      Within budget allocation.

 

File Reference

09/1077

 

  


Georges River Council – Finance and Governance Committee Meeting -  Monday, 11 December 2017                  Page 45

Item:                   FIN394-17          Property Matter - Illuminated Street Signs in the former Kogarah City Council Area 

Author:              Strategic Property Officer

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 Recommendation

(a)     That Council resolve to either continue or cease the leasing of outdoor illuminated signage throughout the local government area.

(b)     That should Council resolve to continue to provide this advertising platform, a public competitive Expression of Interest process commence to include the entire Georges River Council area.

 

Executive Summary

1.      An agreement between Council and Claude Outdoor for illuminated street signage in the former Kogarah City Council Local Government Area (LGA) will expire on 31 December 2017. The revenue from the current arrangement is $25,000 per annum plus GST.

2.      Claude Outdoor now wishes to enter into a new agreement for that would establish illuminated signage throughout the entire Georges River LGA.  The purpose of this report is to seek direction from Council on whether it wishes to continue with the provision of outdoor illuminated signage in the local government area.

3.      Should Council resolve to continue to provide this advertising platform, it is proposed that a formal and public Expression of Interest (EOI) process be undertaken for the provision of illuminated signage at existing signage locations and including similar advertising opportunities across the amalgamated LGA.

Background

4.      In February 1992 the former Kogarah City Council entered into an agreement with (the then named) Claude Neon Aust. Pty Ltd to allow the company to erect and display advertising structures called “Identilites”, within the City.  An example of the signage can be viewed in Attachment 1.

5.      The initial agreement term was for a ten (10) year term with an option for a further five (5) years.  The subject agreement ran until 31 December, 2006.

6.      On 23 May, 2005 the former Kogarah City Council then resolved to enter into a further agreement for a term of five (5) years, to run until 31 December, 2011. No further formal agreement was entered into after this date, however the commercial relationship between the parties continued on a hold-over basis.

7.      On 28 October 2014, Claude Outdoor was advised that the agreement was to be terminated on 31 December 2015.  However, a further holdover notice was issued on 6 August 2015 to run until 31 December 2017, with an increased licence fee of $25,000pa (plus GST).

8.      On 7 December 2016, Georges River Council received a request from Claude Outdoor to install a new illuminated sign in the Kogarah Bay area. On 5 April 2017 Georges River Council responded by advising that additional signage will not be permitted, reiterating that the hold over provisions will expire in December 2017 and further advising that any future illuminated signage would be subject to Council resolution and a further competitive public process being undertaken.

 

Current Position

9.      The former Kogarah City Council supported the provision of illuminated street signage throughout the LGA.  However, such signage was not supported by the former Hurstville City Council. 

10.    Direction is now sought from Council on whether it wishes to continue with the provision of illuminated street signage throughout the new Georges River Council LGA. 

11.    Should the Council decide to continue with the proposed street signage, an open and competitive public EOI process will be invited in the first half of 2018 based on suitable signage locations to be determined by the General Manager.

 

Financial Implications

12.    Should the proposal not be supported, Council’s commercial property income will be impacted in the order of $25,000 per annum.

 

Community Engagement

13.    A formal and publicly open Expression of Interest process will be undertaken should Council resolve to continue with the provision of illuminates street signage in the LGA..

 

File Reference

17/704

 

 

ATTACHMENTS

Attachment View1

Example of Current Illuminated Signs

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 11 December 2017

FIN394-17              Property Matter - Illuminated Street Signs in the former Kogarah City Council Area

[Appendix 1]          Example of Current Illuminated Signs

 

 

Page 47

 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 11 December 2017                  Page 48

Item:                   FIN395-17          Georges River Draft Communications and Media Management Policy 

Author:              Director Community and Culture

Directorate:      Community and Culture

Matter Type:     Committee Reports

 Recommendation

That Council adopt the attached draft George River Communications and Media Management Policy.

 

Executive Summary

1.   The draft Georges River Council Communications and Media Management Policy (Policy) was presented to the Finance and Governance Standing Committee meeting on 9 October 2017 for endorsement.

2.   The Committee recommended that Council adopt the draft Policy.

3.   At its meeting on 23 October 2017, Council referred the draft Policy to a Councillor Workshop for further consideration.

4.   The draft Policy was subsequently presented to a Councillor workshop for discussion on Tuesday 21 November 2017.

5.   Arising from discussions at the workshop, several amendments have now been made to the draft Policy to clarify the role of Councillors when representing their private views, as distinct from Council’s officially adopted position on any matter.

6.   Once the Policy is adopted by Council, it will be implemented across Council’s day to day business operations via face to face and electronic methods.

7.   This policy should be read in conjunction with Council’s Code of Conduct, Communication Strategy and Media Management and Communications Procedures.  Breaches of the adopted Policy will be dealt with under Council’s Code of Conduct.

 

Financial Implications

8.   Within budget allocation.

 

File Reference

D17/171588

 

 

ATTACHMENTS

Attachment View1

Communications and Media Management Policy

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 11 December 2017

FIN395-17              Georges River Draft Communications and Media Management Policy

[Appendix 1]          Communications and Media Management Policy

 

 

Page 49

 


 


 


 


 


 


 


 


 


 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 11 December 2017                  Page 59

Item:                   FIN396-17          Waste Services Request for Tender 

Author:              Manager Environmental Health & Regulatory Services

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 Recommendation

a)         That Council invite tenders for the following:

I.    General Waste Processing (former Hurstville City Council LGA)

II.   Green Waste Processing for the Georges River Council LGA as an optional component of the General Waste Processing tender

III.  Clean up Processing for the Georges River Council LGA (in conjunction with SSROC)

IV. Mattress collection and processing for the Georges River Council LGA (in conjunction with SSROC).

V.  Park and Litter bin collection and processing (former Kogarah City Council LGA)

b)         That the General Manager be given delegated authority to accept the Tenders listed in a)

c)         That the casual agreement with Suez Recycling and Recovery (NSW) Pty Ltd for garbage processing (former Hurstville City Council LGA) and green waste processing (Georges River Council LGA) be extended until 30 June2018.

d)         That a report on the review of options for harmonising the Clean-up service including a cost benefit analysis be presented to Council in March 2018.

 

Executive Summary

 

1.      A review and analysis of waste collection and processing contracts has been completed in response to resolutions from the Extraordinary Council meeting held on 29 June 2017. This report discusses the outcome of that review and recommends that Council invite tenders for collection and or processing for a variety of components of the waste stream. Councillors were provided with a Workshop on this matter on 20 November, 2017.

 

Background

 

2.      A report was presented to an Extraordinary Meeting of Council on 29 June 2017 to specifically address a number of waste contracts that were soon to expire in order to implement temporary arrangements until formal tendering processes could be finalised. At this meeting the Council resolved (CCI112-17):

 

(a)  That an analysis of waste processing and collection costs be undertaken across the Georges River LGA as part of Council’s Waste Initiatives Program to secure best value for money under existing and future waste contracts.

(b)  That a report be presented to Council prior to December 2017 detailing the outcomes of the above analysis and identifying opportunities to improve Council’s environmental performance and increase value for money for ratepayers.

(c)   That in the interim period Council enter into a casual agreement with Suez Recycling and Recovery (NSW) Pty Ltd for garbage processing and green waste processing for a period of up to 9 months.

(d)  That Council write to Suez Recycling and Recovery (NSW) Pty Ltd to secure pricing for a 9 month casual agreement to expire on 30 March 2018.

 

3.      Since the above recommendation, an internal Waste Strategy Working Group was established to provide a Council wide perspective in reviewing current services and to look for further economies of scale with the recommendations of this Group forming the actions associated with this report. Further, Council has entered into a casual agreement with Suez Recycling and Recovery (NSW) Pty Ltd for garbage processing and green waste processing until 30 March 2018 to allow time to investigate options that would deliver best value for money services for the community.

 

Tenders

 

4.      The collection and processing of each waste stream varies across the two former Councils with a variety of contracts with varying service providers and different expiration dates as detailed in the table below:

 

Waste Stream

Collection Contract

Disposal and Processing Contract

Both Former Councils

Former Kogarah LGA

Former Hurstville LGA

General Waste (Red Lid)

Suez

Expires February 2023

Veolia

Expires February 2027

Suez

Expired June 2017

Recyclables (Yellow Lid)

Suez

Expires February 2023

Suez

Expires February 2023

Suez

Expires February 2023

Green Waste (Green Lid)

Suez

Expires February 2023

Suez

Expired June 2017

Suez

Expired June 2017

Clean-Up Service

Suez

Expires February 2023

Remondis

Expired November 2016

Suez

Expired June 2017

Mattress

Tic Group

Expired September 2017

Tic Group

Expired September 2017

Tic Group

Expired September 2017

Those contracts that have expired and where temporary arrangements have been put in place are highlighted for further detailed discussion in this report.

 

General Waste Processing for the former Hurstville City Council area

 

5.      The establishment of a casual agreement with Suez allowed Council time to consider its options for advancing a new contract for this service. The first option considered due to potential cost and time savings, was the expansion of the (former Kogarah LGA) Veolia Alternate Waste Technology (AWT) Contract to include the general waste from the former Hurstville LGA. In pursing this option the following investigations were undertaken:

 

a)   Legal advice was sought regarding the potential for expansion of the (former Kogarah LGA) Veolia Alternate Waste Technology (AWT) Contract to include the general waste from the former Hurstville LGA. The advice received concluded that expansion of contract was feasible.

b)   Council contacted Veolia to receive advice on their capacity and pricing to expand the AWT contract with the former Kogarah LGA to include waste from the former Hurstville LGA. Veolia confirmed that they could accept the additional waste generated within the former Hurstville LGA, however did not have the capacity to process the waste via the Alternate Waste Treatment facility. This would mean that the former Hurstville LGA waste would be diverted to landfill (which is the current arrangement with Suez) until additional capacity is available.

c)   A comparison of cost between the current casual agreement with Suez for landfill disposal and the contract price offered for landfill disposal by Veolia identified a price increase of over $400,000 pa which exceeds the minimum cost required to secure the service via a tender arrangement.

 

6.      Whilst there is no guarantee that the current rate offered by Suez could be achieved in any tender process, the expected quantum of the cost differential over the remaining life of the Veolia contact (10 years) is such that any benefit of not going to tender would be outweighed by both overall cost and the potential for impacts upon Council’s reputation.

 

7.      In order to provide consistency across the LGA in regards to general waste processing and to assist with meeting the Environment Protection Authorities 70% solid waste diversion rate, (currently at 47%) the request for tender would include a transition from landfill to processing of waste via an Alternate Waste Technology during the contract period.

 

8.      Therefore, as the option of joining the Veolia contract was not considered feasible, it is recommended that Council invite tenders for General Waste Processing for the former Hurstville City Council LGA. Further, in order to allow sufficient time for this tender process to be completed it is further recommended that the current casual agreement with Suez for garbage processing for the former Hurstville City Council LGA be extended until 30 June 2018.

 

Green Waste Processing for the Georges River Council LGA

 

9.      As advised earlier Council has entered into a casual agreement with Suez Recycling and Recovery (NSW) Pty Ltd for green waste processing for the Georges River Council LGA until 30 March 2018 to allow time to investigate options that would deliver best value for money services.

 

10.    Consequently, the preparation of a Request for Tender (RfT) for this service was placed on hold until the outcome of the General Waste Processing investigations as detailed above were completed. Now that Council has a clear direction on that matter, specifications for the processing of Green Waste across the Georges River Council LGA have been prepared for distribution to the relevant legal panel solicitor to prepare for the RfT. When the RfT is released it is proposed that the specifications will be included with the General Waste Processing Tender and also as a stand-alone option as this will ensure that:

(a) Council receives competitive prices by not excluding companies who specialize in the processing of Green Waste

(b) Savings through the production of one tender and related legal costs.


 

 

11.    Therefore, it is recommended that Council invite tenders for Green Waste Processing for the Georges River Council LGA as an optional component of the General Waste Processing tender. Further, in order to allow sufficient time for this tender process to be completed it is further recommended that the current casual agreement with Suez for green waste processing for the Georges River LGA be extended until 30 June2018.

 

Clean-up Processing for the Georges River Council LGA

 

12.    Clean-up processing for the former Hurstville LGA is currently included in the Suez General Waste Processing Contract which has been extended until 30 March 2018. Clean-up processing for the former Kogarah LGA is conducted under a contract extension with Remondis that was previously arranged by Council’s contract team until such time as a new contract could be finalised.

 

13.    Council has been working with Southern Sydney Regional Organisation of Councils (SSROC) on the preparation of a Joint Clean-up processing tender using AWT for all member Councils. It is anticipated that this tender will be advertised in early January 2018 following endorsement by the member Councils to invite tenders. Therefore, due to the anticipated best value for money achieved through the economies of scale of joint tendering with SSROC, it is recommended that Council invite tenders for Clean-up Processing for the Georges River Council LGA in conjunction with SSROC.

 

Mattress collection and processing for the Georges River Council LGA

 

14.    Mattress collection and processing for the Georges River Council LGA is currently being conducted as part of the Clean-up collection and processing service under the temporary agreements as detailed above.

 

15.    Council has been working with SSROC on the preparation of a Joint Mattress collection and processing tender for all member councils. It is anticipated that this tender will be advertised in early January 2018 following endorsement by the member Councils to invite tenders. Therefore, due to the anticipated best value for money achieved through the economies of scale of joint tendering with SSROC, it is recommended that Council invite tenders for Mattress collection and processing for the Georges River Council LGA in conjunction with SSROC.

 

Park and Litter bin collection and processing for the former Kogarah City Council LGA

 

16.    A review of Parks and Litter bins across the Georges River Council LGA has been conducted due to ongoing Work Health and Safety (WHS) issues associated with the collection of bins. Park and litter bins from the former Kogarah LGA have been collected by Council staff, whereas the Park and Litter bins from the former Hurstville LGA have been collected by Councils collection contractor Suez. The review has recommended that due to cost and time savings and ongoing WHS issues that the collection of all Park and litter bins across Georges River Council LGA be conducted by an external contractor. Similar to the review of General Waste Processing, the option of expanding the existing park and litter bin contract with Suez for the former Hurstville LGA to include waste from the former Kogarah LGA was considered. While the legal advice again indicated that the expansion of contract was feasible, however in this case due to variations in bin types between the collection areas, negotiation on cost would need to be undertaken with Suez. Ultimately, the overall cost of the service being approximately $420,000 per annum precluded this approach.

 

17.    Therefore, it is recommended that Council invite tenders for Park and Litter bin collection and processing for the former Kogarah City Council LGA. In order to harmonise this service with the existing Suez contract for the former Hurstville City LGA it is envisaged that the term of this contract will be five years in order to coincide with the 2023 expiry of the Suez contract. Further harmonisation will occur during the life of this contract with a bin replacement program being completed to ensure standardisation of bin types.

 

18.    Should Council support the recommendation to move to a contract for this service, the existing staff who currently provide this service will not be disadvantaged as they will be reassigned to a role of equivalent responsibility and remuneration

 

Contract Terms and Conditions

 

19.    Council has engaged a consultant specialising in waste management to assist with developing relevant terms and conditions for the above contracts to ensure that Council receives the best value for money while maintaining flexibility to deal with any changes in technology through the life of the contract. This can be achieved by providing an initial term sufficient to achieve cost benefits, such as 5 years, while allowing appropriate contract extensions to assess and respond to any industry advances i.e. 3 + 2 year extensions. Consideration will also be given to aligning expiry dates for all similar contracts i.e. collection and processing and staggering these to distribute workload.

 

Service Review

 

20.    Council currently provides two different Clean up services across the Local government area i.e. a scheduled service in the former Kogarah LGA and a pre-booked service in the former Hurstville LGA. Council has conducted community consultation at Australia Day 2017, Oatley Lions Festival 2016 and an online survey. The results from the survey indicated a 50/50 split between residents preference for scheduled or pre booked. Council will be conducting a cost benefit analysis of the two services and a subsequent report will be provided in March 2018.

 

21.    To ensure harmonization and continuous improvement of Councils services to the community a scope of works was developed for a consultant to complete an analysis of waste management procedures and processes which included:

·    Waste Management income linked to Council’s rating system and processes.

·    Processes for the checking receipting, processing and paying of invoices.

·    Processes and modelling for the development of the annual domestic waste management charge.

·    Development of tender documents and participation in evaluation panels.

 

22.    A consultant specialising in waste management processes has been engaged and this review is currently underway. The recommendations from this review will provide direction for the harmonization of waste services processes and fees and charges for 2018/2019 which will be reported to Council as part of Council’s 2018/2019schedule of fees and chargers.

 

Summary

 

23.    By harmonizing the contracts where feasible and inviting tenders instead of expanding current contractual arrangements, Council will be able to test the market to ensure we are being open and transparent to our community. By working with SSORC on the Clean-up and mattress tenders we are able to increase the tonnage capacity and thereby secure a competitive price for processing of these materials.

 

24.    The analysis of current internal waste procedures and processes will ensure that Council provides a timely service to our community and a best value service through budget forecasting and harmonizing the fees and charges for 2018/2019.

 

25.    Work is continuing on a review of options for harmonising the scheduling method (i.e. Pre-booked v Scheduled), for the Clean-up service which includes a cost benefit analysis with a report to be presented to Council in March 2018.

 

Financial Implications

 

26.    Within budget allocation.

 

Community Engagement

 

27.    Not applicable.

 

File Reference

17/1831 and D17/214774

 

 

 

  


Georges River Council – Finance and Governance Committee Meeting -  Monday, 11 December 2017                  Page 65

Item:                   FIN397-17          Investment Report as at 31 October 2017 

Author:              Team Leader Financial Reporting

Directorate:      Office of the Chief Operating Officer

Matter Type:     Committee Reports

 Recommendation

That the Investment Report as at 31 October 2017 be received and noted.

 

Executive Summary

1.   This report details Council’s performance of its investment portfolio for October 2017 and compares it against key benchmarks.  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.

2.   Council’s annualised rate of return is 3.35%, which is 1.59% above benchmark. Income from interest on investments and proceeds from sale of investments totals at $1,818,249 is $202,888 above 2017/18 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 October 2017, are as follows:

 

 

1 Month

3 Month

12 Month

Portfolio Performance

0.28%

0.79%

3.35%

Performance Index

0.15%

0.43%

1.76%

Excess

0.13%

0.36%

1.59%

                         

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 the end of October was as follows:

Security Type

Market Value $000's

% Total
Value

Cash at Bank

6,358

3.32%

11am Cash

9,346

4.88%

31 Day Notice Account

22

0.01%

Flexi Deposit (Fix/Float)

5,027

2.62%

Floating Rate Deposit

6,022

3.14%

Floating Rate Note

64,654

33.76%

Floating Rate TCD

3,549

1.85%

Term Deposit

90.559

47.29%

Managed Funds Trust

5,990

3.13%

Total Cash and Investments

191,527

100.00%

 

 

6.   At the end of October 2017 Total Cash and Investments were $191.527 million and have decreased by $1.79 million from September 2017 as a result of normal monthly operational spend.

 

7.      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

8.  Council is an admitted creditor in the liquidation of the estate of Lehman Brothers Australia and also a member of a group action against Standard & Poor’s in relation to losses sustained on Collateralised Debt Obligations.  Council received dividend payments in 2016/17 and the matters are still continuing and are currently before the courts.  Due to the limited information available Council is unable to determine the value of any future dividend income.

 

Loan Liability

9.      Council’s loan liability as at 31 October was $2.5 million which represents the balance of $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 28th December 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.

10.    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.

 

Policy Limits

11.    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.

12.    It shows that the funds invested are now within the limits set in the Investment Policy.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Investment Income

13.    Income from interest on investments and proceeds from sales of investments totals $1,818,249 at 31 October and is $202,888 above year to date adopted budget.

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

14.    Investments have been made in accordance with the Local Government Act, Minister’s Guidelines, Regulations and Council’s Investment Policy.

 

Analysis of Investments

Investment Duration

Investment Term

Market Value

% Total Value

Policy Limits %

0 to < 1 Year

61,098

31.90%

100

1 to < 3 Years

72,236

37.72%

70

3 to < 5 Years

58,193

30.38%

50

> 5 Years

-

 

25

Portfolio Total

191,527

100.00%

 

 

15.    Council’s portfolio is very liquid, with 31.90% of assets maturing within 12 months. FRNs, funds and fixed bonds also provide additional liquidity in an emergency.

 

 


 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Type of Investments

 

 

 

 

 

 

 

 

 

 

 

 

 

17.    Council’s investment portfolio is mainly directed to term deposits, which account for approximately 50% of total investments. Yields have steadily contracted, while tracking bond market volatility in the short term.

18.    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.

19.    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

20.    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.

21.    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.

22.    The credit quality of Council’s portfolio is relatively high with approximately 66% of assets rated ‘A’ or higher. The ‘AAA’ assets represent the deposit investments covered by the Federal Government’s Financial Claims Scheme (FCS).

23.    The remaining 34% rated ‘BBB’ or ‘unrated’ reflects the attractive deposit and Floating Rate Notes (FRN) investments with the regional and unrated ADIs.

 


 

Council’s Investment Powers

24.    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.

25.    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

 

 

File Reference

D17/219324

 

 

 

ATTACHMENTS

Attachment View1

Investment Portfolio as at 31 October 2017

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 11 December 2017

FIN397-17              Investment Report as at 31 October 2017

[Appendix 1]          Investment Portfolio as at 31 October 2017

 

 

Page 72

 




 


 



 



Georges River Council – Finance and Governance Committee Meeting -  Monday, 11 December 2017                  Page 79

Item:                   FIN398-17          Fraud and Corruption Control Policy and Plan 

Author:              Manager Governance and Risk

Directorate:      Office of the Chief Operating Officer

Matter Type:     Committee Reports

 Recommendation

(a)     That the Fraud and Corruption Control Policy as attached to the report be adopted.

(b)     That the Fraud and Corruption Control Plan as attached to the report be received and         noted.

 

Executive Summary

1.      The Fraud and Corruption Prevention Policy, which was previously adopted by Council in July 2017 requires renaming to ensure consistency with the newly developed Fraud and Corruption Control Plan.

2.      The Fraud and Corruption Control Plan is a key document supporting Council’s Fraud and Corruption Control Policy, and sits within the Code of Conduct Framework. The Plan draws together all prevention, detection and response initiatives adopted by Council to document the strategies and controls to mitigate the risk of fraud and corruption.

Background

3.   At the Council meeting of 3 July 2017 Council resolved to:

(a)    Adopt the Georges River Council Fraud and Corruption Prevention Policy.

(b)    Note that a draft Fraud and Corruption Prevention Plan will be developed and submitted    to the Audit, Risk and Improvement Committee in October 2017, and subsequently submitted to a future Council meeting for adoption.     

Fraud and Corruption Control Plan

4.   The Fraud and Corruption Control Plan represents the commitment of Council Officials to the control of fraud and corruption.  Contractors, consultants, volunteers, members of the public and external parties engaged in doing business with Council, are encouraged to support Council’s commitment to preventing and addressing fraudulent or corrupt behaviour by reporting to the appropriate authority.

5.   In developing the Fraud and Corruption Control Plan close reference was made to the NSW Auditor-General’s Better Practice Guide Fraud Control Improvement Kit – February 2015 and Standards Australia AS 8001 – 2008 Fraud and Corruption Control.

6.   The draft Plan was circulated to the Audit Risk and Improvement Committee at the October meeting for feedback and in principle endorsement. It was resolved at this meeting:

“That the ARIC endorses the attached, draft Fraud and Corruption Control Plan and will respond by Friday, 10 November by email to the Internal Auditor, with any feedback and the Committee’s in-principle endorsement of the Enterprise Risk Management Strategy progress report, to be circulated on the Portal.”

Feedback was incorporated in relation to the Definitions.

 

7.   The draft Plan was submitted to ICAC for comment and minor changes were suggested and made to the draft Plan.

 


 

Fraud and Corruption Control Policy

8.   The Fraud and Corruption Prevention Policy was adopted by Council in July 2017. It is now suggested that the following minor changes be made to the Policy.

a)   the title of the policy be changed to reflect ‘Control’ not ‘Prevention’.  It is therefore suggested that the title of the existing policy be changed from the Fraud and Corruption Prevention Policy, to the Fraud and Corruption Control Policy

b)   the definition of ‘Council Official’ be expanded to include Mayor, Councillors, members of Council Committees, delegates of Council, and members of staff. Consistent with Council’s Code of Conduct.

 

Financial Implications

9.      N/A

 

File Reference

D17/220425, D17/91596

 

 

 

ATTACHMENTS

Attachment View1

Draft Fraud and Corruption Control Plan - December 2017

Attachment View2

Pol-012.02 - Draft Fraud and Corruption Control Policy - December 2017

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 11 December 2017

FIN398-17              Fraud and Corruption Control Policy and Plan

[Appendix 1]          Draft Fraud and Corruption Control Plan - December 2017

 

 

Page 81

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Finance and Governance Committee Meeting - Monday, 11 December 2017

FIN398-17              Fraud and Corruption Control Policy and Plan

[Appendix 1]          Draft Fraud and Corruption Control Plan - December 2017

 

 

Page 97

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Finance and Governance Committee Meeting - Monday, 11 December 2017

FIN398-17              Fraud and Corruption Control Policy and Plan

[Appendix 1]          Draft Fraud and Corruption Control Plan - December 2017

 

 

Page 113

 


 


 


 


 


 


Georges River Council - Finance and Governance Committee Meeting - Monday, 11 December 2017

FIN398-17              Fraud and Corruption Control Policy and Plan

[Appendix 2]          Pol-012.02 - Draft Fraud and Corruption Control Policy - December 2017

 

 

Page 119

 


 


 


 


 


 

  


Georges River Council – Finance and Governance Committee Meeting -  Monday, 11 December 2017                  Page 125

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 that part of the meeting dealing with any or all of the matters listed should or should not be considered in closed session.

 

Recommendation

That in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the following matters be considered in closed Council Meeting at which the press and public are excluded.

 

CON025-17       Request for Tender No: F17/387 - Provision of Animal Management Services

(Report by Manager Environmental Health & Regulatory Services)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting at which the press and public are excluded. In accordance with Section 10A(2) (c) it is considered the matter information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

CON026-17       Property Matter - Sans Souci Bathers Pavilion

(Report by Head of Strategic Property)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting at which the press and public are excluded. In accordance with Section 10A(2) (g) it is considered the matter contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

That in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to these matters be withheld from the press and public.